HomeMy WebLinkAbout1991 - MINUTES - 7/31/1991 MINUTES OF
CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY
AND PALM SPRINGS FINANCING AUTHORITY
CITY OF PALM SPRINGS
JULY 31, 1991
An Adjourned Regular Meeting of the City Council of the City of
Palm Springs, and of the Community Redevelopment Agency of the
City of Palm Springs, and of the Palm Springs Financing Authority,
was called to order by Mayor pro tem/Vice-Chairman Broich, in the
Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, July 31,
1991, at 7:30 p.m.
ROLL CALL: Present: Council/Agency/Authority Members Broich,
Hodges, Murawski , and Neel
Absent: Mayor/Chairman Bono (entered following
the opening of the meeting)
(Note: The minutes are prepared in the order of the agenda for
the meeting; although items were taken out of order at the request
of the Mayor, in order to permit him to leave earlier because of
his work with the bus accident victims. )
The meeting was opened with the Flag Salute and a moment of silence,
particularly, in respect to the victims of a bus accident which
occurred earlier in Palm Springs on this date
REPORT OF POSTING OF AGENDA:
City Clerk reported that the agenda was posted in accordance
with Council procedures on July 26, 1991.
JOINT MEETING OF CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY;
AND PALM SPRINGS FINANCING AUTHORITY. Convened in session as said
entities:
APPROVAL OF FINANCING AUTHORITY MINUTES:
It was moved by Hodges, seconded by Murawski , and
unanimously carried, Bono absent, that the minutes of
March 6 and 12 and April 9, 1991 be approved.
APPROVAL OF AGENCY MINUTES:
It was moved by Hodges, seconded by Neel , and unanimously
carried, Bono absent, that the Minutes of May 15 and July
9, 1991 be approved.
PUBLIC COMMENTS: (3-minute limit per person on this, or other
matters related to the Redevelopment Agency, or Financing Authority)
A. BOND FINANCING - TAX ALLOCATION (REDEVELOPMENT) AND GOLF COURSE
EXPANSION.
Recommendation: That the Council , Redevelopment Agency,
and Financing Authority, as appropriate, approve actions
related to the issuance of the not to exceed $20 million
1991 Tax Allocation issue, and not to exceed $20 million
1991 Golf Course Expansion Project; and an Agency action
to name Rod Gunn Associates as financial advisor on the
1991 Tax Allocation issue.
Director of Economic Development reported that the tax
allocation bond issue would result in approximately $16
million to finance project that will be determined by
the Agency in September; that the current tax increment
to the project areas is small , and by combining resources,
and having the Authority purchase the bonds, thereby
creating a pool of funds which could be used in more
significant ways in the different project areas; that
the proposal will allow repayment of the loans the Agency
has outstanding.
(Note: Mayor/Chairman entered during this presentation) .
CRA/CC/FA Minutes
7-31-91 Page 2
A. BOND FINANCING (Continued)
City Attorney stated that the second issue relates to
the financing for expansion of the golf course; noting
that the final size of the issue will be determined by
the financial consultant; and that the proposed agreement
with the consultant needs minor language changes, and
he recommended approval subject to his approval of language
changes, i .e. , Series B, instead of Series A.
Member Hodges stated that her questions were answered
at the study session, however, regarding the tax allocation
bonds, her concern remains that the same, i .e. , proceeds
from the sale of the bonds may be used For short term
projects, within any project area, and repaid over a short
term; that the city's repayment record is not very good;
that she did not have a problem with paying back the loans
the Agency has outstanding; that funds to be set aside
for housing, should be for that purpose, and not for
anything else; and stated that she would favor one-half
of the issue, on that basis.
City Attorney reviewed the various actions to be taken,
which are shown herein by each entity;
Financing Authority:
Res 5 and 6, concerning the notice of sale, inviLing
bids, preliminary statements; and concerning indenture
of trust, loan agreement, sale, and other matters,
respectively; both related to the Tax Allocation Bonds
Series B, were presented; after which, it was moved
by Broich, seconded by Neel , and carried,. Hodges voting
No, that Resolutions 5 and 6 be adopted.
Res 7 concerning Certificates of Participation, 1991
for golf course expansion, was presented; after which,
it was moved by Murawski , seconded by Broich, and
unanimously carried, that Resolution 7 be adopted.
City Council : (092-
Res 17604 concerning the Tax Allocation bonds, was 010)
presented; after which, it was moved by Murawski , seconded
by Broich, and carried, Hodges Voting No, that R17604
be adopted.
Res 17605 concerning the Golf Course expansion
Certificates of Participation, was presented; after
which, it was moved by Broich, seconded by Hodges, and (124-
unanimously carried, that R17605 be adopted. 037)
Community Redevelopment Agency:
Res 800 authorizing borrowing funds from the Authority,
and other matters related thereto; and Res 801 relating
to the tax allocation bonds and appointing Rod Gunn
Associates as financial consultant (A274) were presented;
after which, it was moved by Bono, seconded by Murawski ,
and carried, Hodges voting No, that Resolutions 800
and 80.1 be adopted.
ADJOURNMENT OF THE FINANCING AUTHORITY AND REDEVELOPMENT AGENCY
Council Minutes
7-31-91 Page 3
APPROVAL OF COUNCIL MINUTES
It was moved by Broich, seconded by Hodges, and unanimously
carried, that the Minutes of May 15 and July 9, 1991 be
approved.
PUBLIC HEARINGS:
1. PD 185-A - DESERT HOSPITAL REVISED MASTER PLAN/EXPANSION
Recommendation: That the Council approve a revised master
plan and amendment to the planned development district,
3-phased redevelopment and expansion of the hospital campus.
(116-
Planning Director highlighted the memorandum of Director 049)
of Community Development, and noted that the site contains
about 30 acres; and displayed the approved master plan
for the hospital together with the proposed changes,
including the expansion of the overall site on the northwest
to add a major rehabilitation and parking complex. He
also indicated the areas proposed for phased construction,
and noted that a major concern from the residential area
was the helipad, which is scheduled to be relocated to
the roof of the oncology building currently under
construction; that the applications includes a requestfor
the vacation of Palos Verdes, as well as the remainder
of Paseo E1 Mirador to create a landscaped area. He
displayed the redesign of the parking structure, which
will have more of an early Palm Springs appearance; that
the project has been revised many times in the past, with
a negative declaration, plus mitigation measures; that
it will contribute 10,000 cars per day, which is up from
about 7,500, and the street system should be able to handle
that, and the traffic studies conclude that the hospital
is not contributing significantly to the traffic in the
long term; that the State controls issues concerning toxic
and hazardous waste, and air quality management, in terms
of the hospital development.
City Attorney stated that the proposed resolution includes
findings required by OPR, and questioned if the City Clerk
had received any additional communications. City Clerk
indicated, that she had not received any materials other
than those previously provided to the Council .
Mayor declared the hearing opened.
Mike Fontana, Desert Hospital , stated that the Hospital
is not in the real estate development business, rather
to provide hospital needs for the growth of the community;
that the emergency room and trauma center will be completed
first in eighteen months; that outpatient services are
up over 20%, and the Hospital has responded to 'the demand
under current constraints; that the outpatient services
will expand into the proposed "medical center"; and that
concerning the condition regarding the architecture on
the west side of the medical building, the Planning
Commission restudy would not happen until August, and
he asked that the Council delegate its authority on that
issue to the Planning Commission to be a.dope:ed at its
first meeting in August. He stated that it was only true
in one case that a "D" traffic level would occur in 2020,
and that was Indian/Vista Chino.
Council Minutes
7-31-91 Page 4
1. PD 185-A (Continued)
Jim Schlecht, attorney, stated that he submitted a letter;
after which, the City Attorney stated that the letter
is part of the packet, and will be responded to.
Dave Baron, attorney representing Desert Professional
Building Partners, objected to the proposal , and how it
is put together; that the objection is based on the
commercial aspects of the project, i .e. , a 144,000 square
foot medical office building to be leased to doctors;
that in that light, the Hospital must abide by the same
rules as other developers; that most hospital patient
care facilities will not be built until Phases 2 or, 3,
yet the medical office building is in Phase I, and is
the major aspect of the project; that the facility will
be on Indian Canyon at Paseo El Mirador, and will be bigger
in scale than the office complex across the street from
it, and larger than the Convention Center; that the hospital
should not receive what a private developer cannot receive,
e.g. , the building will overhang the sidewalk, while other
private projects are calculated from the middle of the
street; that the mass and scale of the building is
inappropriate for the future of the community, and in
particular for the future of Indian Canyon Drive; that
there has never been an environmental assessment for the
hospital to address aesthetics, air quality, utilities,
hazardous waste, school safety; that upon completion the
project will be 1.4 million square feet, which is three
times the current coverage; that the 1987 traffic study
showed a downgrading from an "A" level to a "D" level ,
and it should be reviewed, and mitigation measures
established; that the sewer study in 1987 does not address
cumulative affect; and that new plans acre continuously
being displayed, without opportunity for adequate review
and input into the final product.
Roseann Williamson, resident on The Palms, stated that
she submitted a letter in opposition; and stated that
she wanted to know what plans the hospital has for building
north of Mel Avenue, how much involvement it has in the
shared parking; that she would like to see the vacant
property developed; and that she is concerned about the
historic value of the area known as, "The Palms."
Tom Dozci , 770 Mel Avenue, stated that a distinction should
be made between office space and hospital beds; that the
beds come in Phase III; that it is not appropriate for
the Council to approve the project without complete
certainty as to the impact on the surrounding neighborhood;
that the Commission asked for changes regarding setback
and heights, and the character of the architecture; that
the Commission was frustrated and reluctantly approved
it; that the Council will be asked to vacate two streets,
yet the proper amount of open space required for commercial
uses will not be provided; that there were no studies
done on for future impact on parking; that there are
neighborhood issues which need to be addressed, and the
project has been piecemeal planning; that the site is
too small , and each time the master plan is looked at:,
something new has been added; that the boundaries need
to be set; that the Council should require a specific
plan and EIR; and that Mel Avenue from Palo Verde 'to Indian
Avenue should be closed to provide a landscape buffer
between the hospital and the residential neighborhood.
Council Minutes
7-31-91 Page 5
}
1. PD 165 (Continued)
Joann (?) representing the owner of property at 336-350
Paseo E1 Mirador, stated that the property is proposed
to be acquired through eminent domain, and the owner has
opposed that; and expressed concern that if Paseo El Mirador
is vacated, and the projects are not commenced, or only
partially developed, their property access will suffer.
Vince Dundee, 445 The Palms, stated that lie gave each
Councilmember a complete brief as to why a full EIR is
required; that an attempt to push the project through
is not fair to people involved by the project; that the
project has been rushed by the hospital ; that the public
has not had the opportunity to review the Commission's
recommendation; that notice of the hearing was published
July 10, and the hearing on July 20, which barely meets
the legal requirement; that the Commission's minutes were
not available for public review to analyze and respond
to the issues; that he was told there is a 10 day delay
before the minutes are released, which meant those could
not be seen until after the Council had heard the matter;
and that the Council should review a Coronado case.
Vince Dundee, Jr. , joined in his father's concerns, and
stated that statements are speculative, and not supported
by written reports; and that a full study and EIR should
be completed, as required.
There were no further appearances, and the hearing was
closed.
Councilmember Murawski stated that the Council has been
given a lot of materials for review; that it is not just
a quick reaction to the project; that the Council must
consider what it feels is best for the community;
and that some people will react negatively to the decision.
Councilmember Hodges stated that she was concerned that
an EIR was never done on the project, and feels there
are problems concerning the residential neighborhood,
traffic, hazardous waste, and major reasons why an EIR
should be done; that she agreed with Mr. Baron's statement
that the Council would not approve the Canyon Hotel , or
other projects of this scale without an EIR and she did
not see how this project was any different; and that she
agreed the Hospital is a wonderful asset to the community,
and is clearly needed, but the expansion needs to be done
in the proper manner.
Resolution 17606 approving the project, as recommended,
was presented; after which, it was moved by Neel , seconded
by Broich, and carried by the following vote, that R17606
be adopted, subject to revision to reflect that the
architecture for the building on the NW site be referred
to the Planning Commission for final approval :
AYES: Broich, Murawski , Neel & Bono
NO: Hodges
ABSENT: None
ouncl il inu es
L� 7-31-91 Page 6
PUBLIC COMMENTS:
lh'Z�
a) Special Election Measures:
Bill Byrne read a portion of a letter from the Palm
Springs Country Club Homeowner's Association, thanking
the Council for placing the matter on the ballot.
Alan Bayrak, stated that regarding the Fire Benefit
Assessment, the new structure places 4/5 of the costs
on the resident, purportedly because 4 of 5 stations
are located in residential areas, which was not true
considering one is located downtown, and one is located
at the Airport; that the report concludes that the
average house is $100,000, however, he felt it was (083-
not fair for an owner of a $60,000 home to pay the 008)
same cost for fire protection as an owner of a $6
million home; that existing services are sufficient
to provide residential protection, that larger units
are needed to cover commercial uses, hospital , malls
and hillside homes; that the spread should not be
disproportionate; that the average value of the
mobilehome was determined to be 60% of the average
house, but he did not believe any fit that category,
and therefore, mobilehomeowners will pay a higher
portion of the tax; and that he believed the Fire
Department should be increased, and paramedics should
be provided, and that the distribution of costs should
be fair and equitable.
Don Rubidoux, supported placing the raceway and fire
benefit on the ballot, but questioned whether the
public needed to be involved in the TOT issue, since
the tax is paid by the visitor. He stated that he
is a member of the Hotel Association.
b) Catherine Vincent, representing Las Palmas Equestrian
Center, stated that the Center was told iL was to
be moved, then told it was not to be moved; that its (109-
owners have invested a lot of time and money, since 007)
then; that it has contractual arrangements based on
the CounciI 's previous action, and folIowup news
articles ; that they are now hearing that it will be
moved again to the Wastewater Treatment Plant. She
questioned how much of the $20 million golf course
bond issue will be allocated for the moving of the
equestrian center from the Wastewater Treatment plant
to a new location; that: she feared there were no such
funds provided, and the facility would be out of
business in two years; that the owners have invested
thousands of their own dollars in the project; and
that $20 million for the golf course is very costly,
and she questioned what will be the cost for repayment
of it.
City Manager instructed to work with the Center, and
to explain what the current proposal involves.
c) Gary Bosworth, Box 366, Palm Springs, stated that
on June 19, the City was publicly notified of its
lack of handicap access to restroom facilities in
the Council Chamber; that directional signs to a remote
facility were installed, however, that facility is
in excess of the distance which the State Law allows
for exemption; that the Chamber should also be equipped
for seating a minimum of four handicapped persons;
and that ADAPT is investigating the arrest and removal
of George Goldberg from the last meeting of the Council ,
in terms of the manner in which a disabled person
is arrested.
l UUII(. I I I'llnULeS
7-31-91 Page 7 1 Z7
d) George Goldberg stated that the Police used excessive �}
force in removing him from the last meeting; that
he was not given a meal ; that he intends to appeal
to the ACLU, and to sue the City; and that he Was
served a summons that he assaulted an officer, and
used profanity.
e) Catherine Dequester (?) stated that the 18-hole golf
course is apparently going ahead, however, it appears
that there is not much public input; that the Equestrian
Center group has been up and down since January, when (109-
it first discovered that the facility was to be moved 007)
by June 15, when the City advised that it (night not
build an 18-hole course, rather a 9-hole course, and
it would move the facility; that the Center never
intended to operate a boarding facility, but that
was a part of the agreement, and the owners pooled
their resources to accommodate that, and the contract
was approved, although it took a month for them to
receive it from the City; that there are rumors that
the part regarding RV parking is being removed, yet
there has been no communication with them about it;
that discussion with a Councilperson indicated that
the golf course would be 9 holes, and there has been
no notification as to the 18 holes again being
considered; that the switching of decisions, and rumor,
makes it difficult for them to operate their business;
that the agenda for this meeting includes several
contracts for the golf course; that she thought $18
million for a golf course was too costly in today's
economy; and that she requested that they be notified,
and there be discussion before decisions affecting
them are made.
City Manager was instructed to also meet with her.
f) Lotita Fitzner, resident of Palm Springs, stated that
she considered Mr. Goldberg' s comment out-of-line,
but felt handcuffing him, and dragging him out of
the building, was a poor image for the City, and equally
out-of-line.
g) Fred Ebling, 2460 Tuscan Road, stated that his video
of the study session did not show any statement made
of any kind at the time the Mayor called for the
ejection of Mr. Goldberg; and that he felt everyone
who made comments out-of-order should also have been
removed.
h) Frankie Brown, 670 Calle Palo Fierro, stated that
his home is flooded as a result of water running off
Motel 6 on Calle Roca.
City Manager instructed to investigate the problem,
and to report back to the Council .
LEGISLATIVE ACTION:
2. SPECIAL CONSOLIDATED MUNICIPAL ELECTION
Consideration of actions to place matters previously (003-
directed for consideration on the November, 1991 ballot, 000)
i .e. , T.O.T. additional 1% increase special advertising
fund, Fire Suppression Benefit Assessment District, and
advisory vote concerning the proposed raceway.
y
Council Minutes
7-31-91 Page 8
2. SPECIAL ELECTION (Continued)
T.O.T: tl
City Attorney reported that the Council approved a 1%
increase in the T.O.T. ; that the proposed ballot measure
requires voter approval to set aside that 1% and restrict
its expenditure to paid advertising; that voter approval
is not related to the increased percentage, only to the
limitation of expenditure purposed, and any future change
in purpose would require voter approval ; that a 2/3 vote
is required to pass the measure; and that the hotel industry
is supportive, but has concerns that it be limited to
the paid advertising.
Counciimember Murawski stated that it took a lot of effort
for the hotel community to come up with this, and risk
an additional percent higher than other hotels in the
Valley, and they wanted to make sure that it was spent
on paid advertising, and not on staff or administrative
costs; that the entire community will benefit from it,
by getting a chance to bring in tax dollars; and that
he commended them for facing a problem, and realizing
that the only way to get business, is to make a real effort (083-
in that direction. 008)
Mayor stated that he did not disagree with limiting the
proceeds to advertising, but philosophically disagreed
with making it so binding to future Councils, because
time and circumstances change; and a future Council may
choose a new system for appropriating the funds.
City Attorney stated that if members of the Council wished
to author ballot arguments, they would need to be so
designated by the Council in order for the City Clerk
to accept them as authorized by the Council .
Resolution 17607, calling special election to be
consolidated with the General Election on November 5,
1991 , and placing measure concerning limitation of 1%
of T•O.T. to a special paid advertising fund, on the ballot;
and Resolution 17608 designating Councilmembers Broich
and Murawski to file arguments in favor, and the Mayor
and Councilmember Neel , to file arguments against, were
presented; after which, it was moved by Murawski , seconded
by Broich, and unanimously carried, R17607 and 17608 be
adopted.
Fire Suppression Benefit Assessment:
City Manager stated that the formula relates to the overall
floor space determined as a residential dwelling unit,
galfons per hour for firefighting, and applied to
single-family, condominiums, mobilehomes, timeshares,
acreage, and commercial ; and that a hardship exemption
is provided. He stated that a citizens committee is forming
to support the measure.
Consensus: no arguments to be filed by Councilmembr-!rs.
Resolution 17609 calling election, and placing Fire
Suppression Benefit Assessment measure on November 5 ballot,
was presented; after which, it was moved by Broich, seconded
by Murawski , and unanimously carried, that R17609 be
adopted.
Council Minutes
7-31-91 Page 9
2. CONTINUED
Raceway:
Consensus: no arguments to be filed by Councilmembers;
the proposed measure is advisory to the Council , and
the community factions should deal with arguments.
Resolution 17610 calling election, and placing advisory
question on the ballot concerning the raceway, was
presented; after which, it was moved by Murawski , seconded
by Hodges, and carried by the following vote, that R17610 (083-
be adopted: 008)
AYES: Broich, Hodges, Murawski & Bono
NO: Neel
ABSENT: None
Minute Order 4818, directing the City Clerk to transmit
measures to the City Attorney for impartial analysis;
and Resolution 17611, amending the budget to appropriate
$26,000 to cover estimated election costs; were presented;
after which, it was moved by Broich, seconded by Hodges,
and unanimously carried, that M04818 and R17611 be adopted.
3. T.O.T. POLICY
Recommendation: That the Council adopt resolution adopting
an expenditure policy relating to tourism and visitor (114-
promotion. City Manager highlighted the memorandum of 004)
Director of Finance.
Resolution 17612, as recommended, was presented; after
which, it was moved by Murawski , seconded by Hodges, and
unanimously carried, Bono absent, that R17612 be adopted.
4. GOLF COURSE - LAKE DESIGN
Recommendation: That the Council approve an agreement (092-
with Harlan Glenn & Associates, Inc. , to provide lake O10)
design services for proposed 18-hole golf course expansion,
for $26,200, plus reimbursables; and up to $8,700 for
undefined design services on a time and materials basis,
A3014.
City Manager highlighted the memorandum of Director of
General Operations.
Minute Order 4819 approving the agreement, as recommended,
was presented; after which, it was moved by Hodges, seconded
by Murawski , and unanimously carried, Neel abstaining,
and Bono absent, that MO 4819 be adopted, subject to
revision of the agreement to delete authority of contract
officer to waive performance bond, and to, in fact, require
a performance bond.
5. GOLF COURSE EXPANSION - CONSTRUCTION MANAGEMENT
Recommendation: That the staff be designated as owner- (092-
builder, and the Council approve agreement with David 010)
Shey, to provide construction management services for
the proposed 18-hole golf course expansion, for $297,000,
and cancel Agreement 2668, as amended ($105,000 paid
thereunder) - A3015.
City Manager highlighted the memorandum of Director of
General Operations.
Council Minutes
7-31-91 Page 10
5. GOLF COURSE (Continued)
City Attorney reported that some additional changes are
necessary, and asked that approval be subject to final
language approval by the City Attorney.
Councilmember Murawski stated that the process will save
the City up to $500,000.
Councilmember Hodges stated that she was confident the
City would save money, but also felt strongly that; an
open bid in today' s economy could produce even greater
savings; that she felt all issues were being pressed as
time-urgent, and some of the poorest decisions have been
made because of that urgency; that this project has been
pending for a long time, and no earth has been shoveled
yet, and a few more weeks should not make that much
difference, and would be a better way for the Council
to do its business.
Councilmember Broich, stated that Mr. Shey worked on the
project from its inception, and it would take some time
to bring a new person up to speed, which could cost
additional money.
Councilmember Hodges pointed out that Mr. Shey would have
the same opportunity to bid as others.
Councilmember Murawski stated that many businesses are
closing, and if the golf course and other projects are
not up and running, more businesses will close; and the
Council is dealing with an urgent situation.
Minute Order 4820, as recommended, was presented; after
which, it was moved by Murawski , seconded by Broich, and
carried by the following vote, that M04820 be adopted,
subject to City Attorney approval of final contract
language:
AYES: Broich & Murawski
NO: Hodges
ABSENT: Bono
ABSTAIN: Neel
6. DESERT DISNEY DAYS
Recommendation: That the Council approve expenditure
up to $10,000 for Desert Disney Days, August 29 to September
2, 1991. (050-
007)
City Manager highlighted the memorandum of Director of
Community Services & Promotion.
In answer to question by Council , Director of Community
Services & Promotion stated that $6,000 was carried forward
from 1990-91 into 1991-92 and added to budgeted allocation
for the Childrens' Festival .
Minute Order 4821 approving expenditure, was presented;
after which, it was moved by Hodges, seconded by Broich,
and unanimously carried, Bono absent, that M04821. be
adopted, subject to condition that the Funds budgeted
for the Childrens' Festival be used for this purpose.
Council Minutes
7-31-91 Page 11
7. CITY HALL CARPETING
Consideration of carpet replacement in certain areas of
City Hall , Council Chamber, Leisure Center. (117-
005)
City Manager noted that the memorandum of Director of
General Operations was supplemented with information
identifying several options.
It was moved by Murawski , seconded by Hodges, and
unanimously carried, Bono absent, to adopt Option 1 as
outlined in said memorandum.
8. AIRPORT - PARALLEL RUNWAY - ISBILL ASSOCIATES
Recommendation: That the Council approve an allocation
of $100,000 to Isbill Associates, Inc. , under Agr 2547,
to conduct the site investigation and testing program
required by the State Water Quality Board for the parallel (051-
runway. 021)
City Manager highlighted the memorandum of Director of
Aviation, and noted that the Minute Order was revised
to reflect approval of Supplement 10 to said agreement,
incorporated the above recommendation, and previous action
of M04809, into a single supplement.
Minute Order 4822 Supplement 10, per revised recommendation;
after which, it was moved by Murawski , seconded by Neel ,
and unanimously carried, Bono absent, that M04822 be
adopted.
9. AIRPORT - RUNWAY MAINTENANCE/REPAIP,S
Recommendation: That the Council authorize filing amendment
to AIP-13 grant to include runway maintenance/repair;
Change Order 2 to Tarmac California Agr 2980 for an increase
to accomplish the repair work; addition of the design (051-
work and inspection services under the Isbill Associates 020)
Agreement for AIP-13 (Parts A & B of Suppl 10 referred
to in above Item 8, Agr 2547); and budget amendment to
appropriate $178,072 from Airport Fund balance to cover (051-
the City' s share. 021)
City Manager highlighted the memorandum of Director of
Aviation.
Resolutions 17613 as recommended concerning contractual
aspects, and 17614 amending the budget, were presented;
after which, it was moved by Neel , seconded by Murawski ,
and unanimously carried, Bono absent, that R17613 and
17614 be adopted.
10. A.D. 158 - CHANGE ORDER (FINAL)
Recommendation: That the Council approve Change Order
No. 2 (Final ) for an increase of $43,767.39 to contract (056-
with E.L. Yeager Construction for miscellaneous work in 012)
Assessment District 158 (Andreas Hills) .
Minute Order 4823, as recommended, was presented; after
which, it was moved by Hodges, seconded by Neel , and
unanimously carried, Bono absent, that M04823 be adopted.
Council Mintues
7-31-91 Page 12
11. ANNEXATION & GENERAL PLAN CONSULTING SERVICES
Recommendation: That the Council approve restated agree-
ments with Smith, Peroni & Fox for preparation of EIR (054--
and special studies for the City's General Plan update 006)
to include additional $7,000 for a total base contract
of $164,400, plus reimbursables (A2990) ;, and for the
preparation of EIR, studies, and applications for annexation
in the northern sphere area to include additional $4,000
for total base contract of $170,500 plus reimbursables
(A2989) ; and Amendment No. 1 Agr 2989 for an additional
$18,975 for an added 11 square miles, resulting in a 'total (061-
base contract of $189,475 plus reimbursables . 010)
City Manager stated that the changes will Billowing signing
of the agreement, and be consistent with 'language changes
approved by the City Attorney.
Minute Orders 4824, 4825 and 4826, as recommended, and
Resolution 17615. amending the budget to appropriate
$18,725, were presented; after which, i1, was moved by
Murawski , seconded by Neel , and unanimously carried, Bono
absent, that M04824, 4825, 4826 and R17615 be adopted.
12. MUNICIPAL CODE AMENDMENT - PERSONNEL
Recommendation: That the Council amend the Municipal
Code provisions commonly referred to as the Personnel
Ordinance, to clarify positions in the city service which (103-
001)
are not covered by the Personnel Ordinance and System.
City Manager reported that item was not ready for action ,
and it was withdrawn from the agenda.
13. ALLOCATED POSITIONS & COMPENSATION PLAN - AMENDMENT NO. 1
Recommendation: That the Council approve Amendment, No.
1 to the Allocated Positions and Compensation Plan to
reallocate the Council Affairs Administrator salary range
from MX12 to MX34; and to reclassify the Administrative
Secretary (C18) to Administrative Assistant (MX9) .
Public Comments:
Dave Bell , 2320 N. Sunrise, stated that he felt a previous (061-
Council action concerning sidewalks on North Palm Canyon ter )
was directly related to the voters failure to approve
a utility tax; and that an increase in the Administrator' s
salary will result in voter backlash.
Councilmember Murawski stated that he did not think the
facts were correctly given; that the Council is not
considering an increase in salary by the amount suggested
in the newspaper•, that the classification is being changed
to allow a salary increase, and the rate of increase should
be clarified.
City Manager stated that the increase is about $9,300
for the Administrator, and $1,776 for the Assistant.
Arthur Coffee stated that he did not know what the salary
change involves, i .e. , whether a new position was being
created, or reclassified, or if the Administrator will
be promoted, and that another vacancy will be left open;
that he would like to know what the top of the range is
for the salary of the Administrator, and whether it is
a means of a bonus in anticipation of retirement; and
questioned if it relates to a job change;, or only :salary
change.
Council Minutes
7-31-91 page 13
13. ALLOCATED PLAN (Continued)
City Manager stated that the proposal does not create
another position, but reclassifies existing positions
by revising the pay range.
Councilmember Murawski stated that the Council chose to
reorganize that area of city government; that it relocated
the City Manager to the opposite side of the building,
setting up a totally different system; that a different
style of government was wanted because the desire was
for the Council and its staff to be independent of the
City Manager and staff; that the Council provides the
direction of the work for the Administrator, and her
associate, and they work for the Council .
Gann Carter, 2067 Sandalwood, stated that she was amazed
and offended by the fact that the Council was reconsidering
the amount of salary for the Administrator position; that
in the face of an austere budget, she did not understand
why the Council would consider the reclassification of
these positions; that a certain amount of the newspaper
article must be correct; that the Administrator received
a $7,000 increase last Fall ; that her experience has not
been positive in terms of the quality of public service
given by that office, and she did not feel the increase
was deserved; that the City has a lot of "chiefs" and
not many workers; that the City Manager should be allowed
to take the reins of city management, and manage the affairs
of the City, and the Council should not stand in the way
of that; that she felt the Council needed to listen to
the public, and realize that the dollars its spends are
generated by the public; and that the City Manager should
be allowed to perform his duties.
Shirley Barker, stated that she agreed with Ms. Carter;
that she was offended by the statement in the newspaper
attributed to the Administrator; that she questioned why
the Administrator would be making recommendations to the
Council ; and that the Council should be listening to
recommendations of its constituents.
Don Rubidoux, also agreed with Ms. Barker, and stated
that the Council may do as it wishes with regard to its
secretary, however, with budget limitations, a salary
of $30,000-$40,000 is very good for a secretary.
Councilmember Hodges stated that her comments are not
related to the persons holding the positions; that she
considered the proposal ridiculous at the outset, and
still considers it ridiculous; that government seems to
live in a world of its own, and there is no recognition
of the real world difficulty of the state of the economy
today, and Fact that no one is giving anyone raises, and
people are lucky to have jobs to support their families;
that she could not ask For a raise, and certainly not
one of the size proposed; that the type of government
the city has in place has not changed; that the city manager
is to run the daily operations of the City, and the Council
advises and gives direction for the manager to follow;
that the Council does not hire or fire, or give raises,
other than for the city manager and city attorney; that
in this case, the employee bypassed the department head,
and directly solicited the Council , obtaining support,
thereby forcing the city manager into the position to
not do anything other than bring the matter before the
Council ; that if the Council wishes to operate in that
manner, it should pursue becoming a charter city, with
the Council running the daily operations, and through
full-time Councilmembers. She stated that such is not
the case, that there is a city manager in place, and she
resented attempt to bypass the proper procedures.
Council Minutes
7-31-91 Page 14
13. (Continued)
Councilmember Broich stated that he agreed with
Councilmember Hodges, and added that his opposition is
not directed at the individual , but the procedure; that
in late 1990 the pay was $35,808; that a 4% increase was
given, and the reorganization resulted in an additional
17%, bringing the salary to $43,656, and that the the
proposed increase will make it a minimum of $53,040, or
a 21.5% increase, excluding benefits; that the total
increase in one ,year will be 40.5%, with the possibility
of the top of the range at $74,736, plus benefits; that
he thought it unbelievable to consider giving such an
increase to any employee, and would not blame other
employees for using it as precedence to ask for raiises;
and that the Council should not put the City in jeopardy
by voting for the proposal .
Councilmember Neel stated that the employee has done a
good job for twenty-five years; that a new "department"
was created, and he felt this showed respect for the
employee; that there are dissenters in every organization;
and that he favored giving the increase.
Councilmember Murawski stated that he felt this was a
business decision; that he believed the employee was held
back by the former City Manager.; that he believes it is
deserved; and that he supports it.
Mayor stated that the numbers are deceiving; that the
employee did not have an increase for ten ,years, partially
because of the former manager; and he was not opposed
to the increase.
Resolution 17616 as recommended, was presented; after
which, it was moved by Neel , seconded by Murawski , and
carried by the following vote, that R17616 be adopted:
AYES: Murawski , Neel & Bono
NOES: Broich & Hodges
ABSENT: None
14. ECONOMIC DEVELOPMENT PROMOTION
Recommendation: That the Council approve an agreement (050-
with Burson-Marsteller to provide services for marketing 004)
the Economic Development of the City; and amend the budget
to appropriate $125,000, therefore.
City Manager highlighted the memorandum of Director of
Economic Development.
City Attorney stated that the agreement needs minor, language (061-
changes, and recommended that it be approved subject to 010)
final language approval by the City Attorney, including
clarity that the agreement may be subject to cancellation
in 90 days if the Council is not satisfied with the results
produced.
Councilmember Murawski emphasized the need to make it
clear to the provider that there will need to be a
presentation in 90 days as to what has been accomplished.
Director of Economic Development stated that: the contractor
is aware of the requirement, and Mr. Burson has been
assigned as the principal .
053
Council Minutes
7-31-91 Page 15
14. CONTINUED
Councilmember Hodges stated that she is not in favor of
the proposal ; that she did not think it was a bad idea,
rather poor timing; and that perhaps it would be more
beneficial a year from now when the Canyon project is
underway, and other "product" improvements are more
marketable.
Resolution 17617 and 17618, as recommended, were presented;
after which, it was moved by Murawski , seconded by Neel ,
and carried by the following vote, that R17617 and 17618
be adopted, subject to City Attorney approval of final
format of the agreement:
AYES: Broich, Murawski , Neel
NO: Hodges
ABSENT: Bono
15. ORDINANCES FOR SECOND READING & ADOPTION
Ord 1391 amending the Zoning Ordinance, concerning public
art fee and real estate signs (intro. 7-17-91) ; and
Ord 1392 amending the Municipal Code, regarding duration (103-
of extraordinary hardship rent increase (intro. 7-23-91) , 001)
were presented; after which, it was moved by Hodges,
seconded by Neel , and unanimously carried, Bono absent,
that further reading be waived, and that Ordinance 1391
and 1392 be adopted.
16. PARKING IMPROVEMENT
i
Consideration of agreement with Kimley-Horn for a parking (105-
revenue analysis for the downtown. 001)
City Manager highlighted the memorandum of Director of
Economic Development, and stated that there are sufficient
funds in the Parking Fund to cover the costs.
City Attorney stated that one clarification is needed
in the agreement concerning percentage of payment upon
completion, and recommended final language be subject
to City Attorney approval .
Resolution 17619, as recommended, was presented; after
which, it was moved by Hodges, seconded by Murawski , and
unanimously carried, Bono absent, that R17619 be adopted.
ADDITIONAL LEGISLATIVE ACTION:
CONSENT AGENDA:
18. MO 4827 awarding bid to purchase a 1250 GPM Class A pumper (084-
fire truck from Beck Fire Apparatus, for $239,672.64. 008)
19. MO 4828 awarding bid to purchase a diesel utility tractor (084-
(vendor and amount to be provided at study session) . 008)
20. MO 4829 approving Print Shop preventive maintenance programs
for 1991-92, with AM Multigraphics,' for a total of $12,950, (084-
covering presses and sorter. 008)
21. Res 17620, 17621, and 17622 approving Payroll Warrants and
Claims & Demands. (086-
010
r' Council Minutes
7-31-91 Page 16
22. Res 17623 giving 30-day notice of cancellation of Agreement (050-
with D. Richey Management for hotel rating service - A2996. 001)
It was moved by Hodges, seconded by Neel , and unanimously
carried, Bono absent, that M04827 through 1829 and R1.7620
through 17623 be adopted.
ADDED STARTERS:
23. 17A. FILM FESTIVAL ALLOCATION
-- City Manager reported that in order to meet its payroll , (050
and since there are no other Council meetings prior to DID)
September, consideration of releasing funds allocated
for the film festival is urgent at this time.
It was moved by Murawski , seconded by Broich, and
unanimously carried, that this matter be determined eligible
for consideration and added to the agenda.
City Manager recommended that $37,500 be released for
payment at this time, and a like amount in September;
the third payment held until after conclusion of the
festival and an accounting given; and the final payment
after receipt of a financial statement/audit.
It was moved by Murawski , seconded by Broich, and carried
by the following vote, that the release of funds for the
first payment, as recommended by the City Manager, be
approved:
AYES: Broich, Murawski , Neel & Bono
NO: Hodges
ABSENT: None
COMMISSION APPOINTMENTS:
a) Council liaisons, or other representations - None
b) Boards/Commission Appointments:
Following his announced of persons to be appointed
to each of the boards or commissions, Mayor asked
for approval of the appointments, which upon motions
duly made, seconded, and unanimously carried, the
following persons were appointed to the board or
commission for the terms specified:
CONVENTION CENTER BOARD
Robert Weithorn 6-30-94 (060-
Franc Dutton 6-30-95 025)
Craig Prater 6-30-95
ECONOMIC DEVELOPMENT COMMISSION
Harry Harris -30-95
Michael Mead 6-30-95 (060-
Paul Kamins 6-30-92 007)
PUBLIC ARTS COMMISSION
Doris Horowitz 6-30-94
Edna Popov 6-30-95 (060-
Patricia Peterson 6-30-95 023)
Janice Down 6-30-95
PARKS & RECREATION COMMISSION
Cal Willis 6-30-95 (060-
George Bishop 6-30-94 021)
v U 7
Council Minutes
7-31-91 Page 17
HISTORIC SITE PRESERVATION BOARD
Culver Nichols 6-30-95
Alice Tipton 6-30-95
VISITOR & PROMOTION BOARD
Herbert Rafetto 150+ rooms) 6-30-92
Mel Haber (26-50 rooms) 6-30-95
Ron Miller (Retail ) 6-30-95
LIBRARY BOARD
John Shevlin 6-30-94
Susan Lippmann 6-30-94
C.V. MOSQUITO ABATEMENT DISTRICT
John Turlo 12-31-95
TRAMWAY BOARD
Elliot Field 9-19-95
Burton Spivack 9-19-95
REPORTS & REQUESTS:
25. FRANCHISE REPORT - Received & Ordered Filed (089-
a) Warner CATV, Annual Financial Report, 1990 003)
CITY COUNCIL reports or requests - None
PUBLIC reports or requests - None
STAFF reports or requests - None
ADJOURNMENT
There being no further business, Mayor declared the meeting
adjourned.
_/JUDITH SU "l—
City Clerk