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HomeMy WebLinkAbout1994 - MINUTES - 1/26/1994 CITY OF PALM SPRINGS CITY COUNCIL MINUTES JAMUARY 26, 1994 An Ad j- Meeting of the City Council of the City of Palm Springs, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, January 26, 1994, at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov ' Absent: None The meeting was opened with the Salute to the Flag and a moment of silence. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on January 21, 1994. CLOSED SESSION REPORT: City Attorney reported on matters discussed in closed session,as shown on the Statement of Basis for Closed Session, dated January 26, 1994, and that no action was taken. (Copy of Statement on file with City Attorney, and attached to agenda of this date.) INTERAGENCY REPORTS: a) Councilmember Schlendorf requested that a matter be placed on a February meeting (138- agenda to consider placing the citywide parks maintenance district on the June ballot 004 as an advisory measure. Mayor inquired if other members wished to do so, there was no objection. PUBLIC COMMENTS: a) Comments on matters not related to an agenda item: Howard Lapham (also spoke during public comments portion of the study session ' agenda) commented on how a growth no growth issue was dealt with a number a years ago, with intent of educating the public; and that councils and the redevelopment agency have disregarded public input, and the result has been a $6 million mess. Gary Bosworth commented on the ADA and the penalty for violation, and noted that he previously gave the Council information concerning the handicap curb access item on the agenda. c) Comments concerning Item 1. Linda Cooper Lee read a statement making accusations of conspiracy and violating freedom of speech regarding the PEG access contract proposals. Bob Rodax (?) added to her statement that the system should be operated by and for the people without costs; and that he did not know if the School District would agree to the use of the High School, wherefore, the other proposal is located downtown and will produce a high energy atmosphere. John Shevlin, Presidentt of the Library Board, stated that the hoard agreed to supply the personnel and to operate the government access channel, as a temporary solution, until a permanent operator could be engaged; that its responsibility is to operate the (089 library; that the available resources and budget cuts have reduced personnel and the 003 scope of library activities, and last year, the Board indicated it needed to terminate its involvement and decided effective January 31 it would no longer be involved in the government access broadcasting, and would focus on the library; that its ' expectation was that the Council would have made a selection by then, however, it does not appear to be the ease, and offered that until the selection is made, through February, it continue the live broadcasting of the Council meetings, and there would be no replays, and persons could contact the Library Center for viewing the tapes. Don Frank stated he was upset about the process used, and his group tried to get together with the other group and he would like to suggest the agreement be subject to public review before any action is taken on it. Council Minutes 1-26-94, Page 2 c) Continued Spencer Eisensen(?) stated that he was a producer and that he felt the RFP answered most of the questions that have been raised, and his only concern was the influence the school district would have over the operation, since it will he on the High School site; that he would like to also provide input along with others, and would like to see the final documents. Fred Ebeling took exception to comments by Councilmember Lyons in the study session, that the public comments portion of the agenda at the end of the meeting should be reconsidered by the Council, and that the Council was elected to listen to the people who pay the taxes; that he felt certain points needed to be looked at in more detail, and he felt there was too much discretion on the part of the operator; and that he wanted to make certain the public was included and not excluded. Lee Vinocour stated that if people were not concerned they Would not be speaking before the Council, that PEG should not make money and should be run on a volunteer basis and he felt it was wanted because people felt they did not have any say about the running of their Hives. Mayor declared a five-minute recess. LEGISLATIVE ACTION: 1. CATV - PUBLIC ACCESS/GOVERNMENT ACCESS TELEVISION OPERATOR FOR CHANNEL 17 On January 19, 1994 the Council continued consideration of recommeipdanon that the Council authorize agreement with Palm Springs Television Voices to operate a public/government access television channel (Channel 17)for 3 years, in accordance with the provision of RFP7- ' City City Librarian reiterated the recommendation of the committee, and the key points of the contract to be negotiated; and that he felt it could be completed and back before the Council on February 16, and would be subject to public scrutiny. He stated that he did not believe the High School has approved the use of the campus; that the proposed fees were reviewed by the committee and the City Attorney and it was felt that they were necessary to satisfactorily operate the station; that there are no general or other city funds made available for this project; that PSTV is seeking its non-profit status; that he felt the committee did an outstanding job, and that there was no pressure from Mayor, Council or City Manager, and it reached its conclusions based on the written submittals and the interviews of each group on December 13. (089 003) In answer to questions by Council, City Librarian stated that the rules of public access guarantee that any citizen interested in submitting a program will have t➢aat program aired, and the committee felt that as long as there was no discrimination as to whose programs got aired, the PSTV Board's membership would be acceptable; and that there was no requirement of the RFP for a membership approved Board of Directors; that the dollar amount shown in the RFP related to scholarship amounts, e.g., the first $2,000 in rate charges was waived for non- members and $3,000 for members. Mr. DeSantis stated that anyone may program regardless of whether they had the money; that the$2,000 "credit" is like a checking account, against which production costs can be charged, and that revenue will be from membership and donation and possibly user charges for playing tapes; that the rate card was established in order to establish value, mid any charges in excess of the $2,00043,000, would have to be paid; that 4-5 shows can be produced for those amounts; that the $10 for playing tapes is a nominal charge, and t➢nat the tapes must be reviewed to meet federal regulations,and scheduling would accommodate meeting federal laws regarding specific matters; that there would be periodic training and orientation in use of the station and services; and that the tapes do not have to be produced by PSTV at the station. In answer to question by Council,City Attorney stated that the contract would contain a 90-day cancellation clause without cause, and a 60-day cancellation for cause. Council Minutes 1-26-94, Page 3 1. CATV (Continued) Councilmember Schlendorf stated that "memberships" will be offered, and she felt it was an opportunity for the public to be able to vote for the Board and thereby show direction for the station; that she wanted to see it more open to the public;that the committee was qualified and did a good job; that creative people are not always within "the lines" and she hoped the group will have the ability and experience to be sensitive to the creative process and be useful for the community and defining its role that everyone well be happy about; that she did not receive her agenda materials until late this date; that the High School campus is a closed campus; and that , she would like included in the contract, under Article 3, the Council's approval of any delegation of the management of station to someone else. Mayor stated that a lot of comments made at the last meeting were out-of-line, and that the people who came forward and put the RFP together are responsive to the good of the community, and should be thanked for their work; that the review pro::ess has been on-going since last summer,when one group indicated they had not had an opportunity to respond; that he was prepared to hear from all parties; and that the committee had expertise in the field; and that the committee's recommendation was which group to negotiate a contract with, and that contract must come back to the Council for approval; that the School District will retain the education channel. He questioned if the procedures for changing the board composition could be altered. Councihnember Lyons stated that there is no indication in the proposal that creative people will not have access, nor that there will he an over-restriction on control of the content. Mr. DeSantis stated that the creative process and the good of the community are not mutually restrictive; and the opportunity is there to provide every citizen a forum; and that associating with the school use expands that opportunity to the youth as well. He also stated that it would be very difficult for the group not to listen to its membership, i.e., in this kind of environment, and that the City will have two appointees who can be watchers, and that there will be term limitations. Councilmember Hodges noted that the High School will be undergoing major renovation, and ' a more accessible location might be considered; that broadcasting Council meetings should be gavel to gavel; and that she read both proposals, and if her comments al.the last meeting were construed as offensive to the committee, that was not intended, only that she wanted to read the proposals for her own benefit, and after reading them, agreed with the recommendation. She stated that the issue has been very divisive and everyone must work together, and she felt it will happen once the system is up and running, and often there is opposition to new ideas which may seem unpopular at the moment, and likened the situation to the Plaza Theater. City Librarian stated that the Government Access Plan will be recommended for amendment that the management of the public and government access be transferred, but with respect to other procedures of the plan, those will be included in the contract (e.g., gavel to gavel coverage). Mr. DeSantis stated that the ground floor buildings of the High School are accessible, and they are aware of the major renovation and their presence cant only benefit the videollogy courses, which will be moved to another area, making it even more accessible. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that MO 5304 awarding the request as recommended,and authorizing negotiating agreement in form approved by City Attorney, to be brought to the Council for approval, be adopled. 2. BUDGET Council requested opportunity to discuss,and if appropriate, take action concerning the current ' budget, and related to the 94-95 budget; such action may include the appointment of a budget committee. Director of Finance commented from his last quarterly report, and stated)that after considering (061- all projections, the budget could end with a surplus of$200,000; and that a budget amendment 015) will be forthcoming to deal with the various employee unit changes affecting the 93-94 budget. In answer to questions by Council, he stated that approximately 60% of all employees are at the top of their salary scale; that. merit increases are given, based on performance, on an employee's anniversary date, in steps of 5%, and overall represents 1-2% of the entire city salary budget. Council Minutes 1-26-94 Page 4 2. BUDGET (Continued) City Manager stated that the merit system is past practice (portion of personnel rules) and subject to employer-employee relations regulations; that he is proposing to bring forward a performance based budget process, specifying programs and resources to provide those programs and associated revenues, and to review that in a retreat forepart with the Council and department heads in March, in order to establish a two-year financial plan. Mayor and Councilmember Hodges asiced for salary information as to ?now many employees received salary increases over the past year, and the Mayor requested it by the following week; and also stated that the fire consolidation committee will meet on February 15, and he hoped it would not he an on-going discussion, but would come to a conclusdon quickly. Director of Finance stated that the 94-95 budget will have a $4-$5 million deficit, based on assumption there is no utility tax and there are no added State take backs; and that the cost of other financing alternatives will be on the February 2 agenda. City Manager stated that the Council will need to deal with $1-$2.:e million shortfall and whether it wants to look at placing questions on the ballot,and that all off the alternative issues should be reviewed by the budget committee to be appointed. Mayor stated that until a decision is made as to the fire consolidation, he would not favor a fire benefit assessment alternative. Councilmember Hodges stated that she would not like a retreat in the same format as last year; and that she did not want to give the alternatives to the budget committee alone, rather to have staff and a hired consultant do it; and that the fire assessment could be included in a community services district more so than anything else proposed. Councilmember Schlendorff noted that none of the alternatives will proceed if they are not actually started, and are only talked about getting started. Mayor agreed. He also read from the list of items previously discussed, noting the various items suggested by the budget committees Oast year, and those which have either been started, completed or set aside. In answer to question by Council, City Manager stated that a meeting as scheduled with Desert Water Agency to discuss desert landscaping on Tahquitz, and the issue is whether the DWA will help offset the capital cost or only give$50,000, and the City to d'o Al of the remainder. There was no further discussion, and no specific action taken. 3. HANDICAP RAMPS On January 19, 1994 the Council continued consideration recommendation to reject bids for installation of various handicap ramps due to costs, and unavailability of funds in the appropriation for the project; and requested that staff provide recommendation for alternative fimding to award the contract. City Engineer provided a display shoving the various locations of previously installed ramps, (129 proposed areas, and areas funding by grant projects, and for those in the past year, the 001 aggregate of projects including grant funded, would equal about $i00,000. In answer to question by Council, he stated that the savings under a charter city could be 5-10%. He also stated that due to redemption of a refinanced 1989 bond issue, funds reserved for bond debt were freed, but must be spent on capital projects, and the added$45,000 needed to award the subject contract, could be appropriated from the source. Director of Public Works stated that a comparison study is underway to address charter savings, between charter and non-charter cities for these kinds of capital projects. Minute Order 5305 awarding the contract to Westcoast Construction for,$79,781.25, A3335; and Resolution 18287 amending the budget to appropriate the necessary additional $45,000, were presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried, that M05305 and R18287 be adopted. Council Minutes 1-26-94, page 5 ADDITIONAL LEGISLATIVE ITEMS - None ADDED STARTERS - None ADJOURNMENT There being no further business, Mayor declared the meeting adjourn 1. �JUDPPH SUMICH City Clerk