HomeMy WebLinkAbout1994 - MINUTES - 5/4/1994 CITY OF PALM SPRINGS
CITY COUNCIL MINUTES
MAY 4, 1994
A Regular 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,May 4, 1994, at 6:30
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 an invocation by Reverend Larry Owen,
Church of Christ of Palm Springs.
PRESENTATION: Mayor presented certificate from Federal Aviation Administration to Palm Springs
Regional Airport, for being the first airport to meet the new FAA airfield regulation signage
requirements.
REPORT OF POSTING OF AGENDA:
City Clerk reported that the agenda was posted in accordance with Council procedures on April 29,
1994.
PUBLIC COMMENTS: (Note: Discussion ensued whether to have the City Manager's presentation
on the budget before the public continents; it was the consensus of the Council to receive the report,
allow Council questions, allow public continents, and continue Council discussion. For record
purposes, budget related public comments are reflected as part of Item 1.)
a) The following persons spoke on matters not related to items on the agenda:
Eric Meeks concerning Villagefest being subject to the Brown Act. He also played
a segment of a video of a study session in 1993, relative to the same topic, and
submitted a proposal for the operation of the events.
Nancy Brock concerning Desert Rail's monorail event in Ruth Hardy Park, and
thanked various staff and citizens for help and participation. She also presented
checks in donation to the City for parks, purporting to total $600.
Don Frank concerning the same event, stating that they are encouraged to move ahead
with the development and implementation of the agreement with the City, and hoped
it would be on fast-tracked; and that there could be ground-breaking in July and
completion in 18 months.
Evan Morgan concerning a plan she has for a gaining support and benefit to the
community for a P.S. Main Street and Festival of the Parks, to replace the Harvest
Festival.
Joy Meredith concerning Villagefest process for approval of vendors for the 100-200
N. Palm Canyon block, and what the merchants can to do facilitate it, and to have
more say in the Villagefest rules. She stated that the Villagefest committee will not
meet until after the June election.
LEGISLATIVE ITEM:
1. 1994-95 FISCAL YEAR BUDGET PRESENTATION
' City Manager presented, via overhead projection, the "Preliminary budget for 94-95, Option
C and additional cuts," a copy of which is on file with the City Clerk, to address the $5.6
million deficit, providing organizational restructuring, and proposals that would result in
cutting 32 positions with a 4%utility tax, and 69.5 positions with no utility tax; and that if the
5% utility tax were approved, there would still be a $420,000 shortfall. (061-
016)
The following persons spoke concerning the budget and priority issues:
Fran McNeel, Jaques Road, urged maintaining parks, pool, police and fire and services that
the community has, in order to retain and attract people to the community.
Council Minutes
5-4-94, Page 2
1. 1994-95 FISCAL YEAR BUDGET PRESENTATION
Grace Jablow read a lengthy comment on behalf of maintaining Library services,and displayed
petitions, purporting to contain 8,699 signatures of library users, including residents and
visitors. She stated that the utility tax can obviate the financial situation without compromising
other city services; and that the Council has an obligation to listen to a cross section of its
constituents. In response to question by Council, she stated that she could not delivery 8,000
votes in favor of the tax, however, she felt people must recognize there is no free(lunch, and
she hoped they would vote in favor of it.
Michelle DiPietra, Racquet Club Road, expressed concern regarding children, parks and low
income families, and supported passage of the utility tax to make the city alive.
Frank Coffey, Brentwood, suggested that the Council guarantee no personnel cuts to
employees, in return for a 10% salary cut, and to tell employees the same in contract
negotiations, and that it would be temporary, and would save $2 million and less utility to
would be needed.
Dick Sroda repeated comments made at prior meetings concerning employee salaries, that the
utility tax is not the answer, that there is too much city staff, that the railroad station and
other expenditures were not sound decisions; and that he considered it an insult to ask for voter
approval of the utility tax to keep the library open.
The following persons spoke in support of continued funding for tourism: Rick Elliott,
Belardo Road, Estrella Inn, Rhonda Lyman, Palm Canyon Post„ Lois Anderson, Granvia
Valmonte, Marsha Craig, Rif Markowitz, and Bob Weithom.
Bill Wilder, representing McMane (?) Roofing Contractor, opposed eliminating a building
inspector for re-roof inspections.
Don Blanchard, Parks Department employee, commented on the image of Palm Springs, and '
that be considered in the budget debate.
Cora Crawford, Las Vegas Road, commented regarding impact of park and other closures on
young people.
Leo Noy, supported utility tax, and expressed concern for the golf course, adding that the
citizens do not have the benefit of all the data and information the Council has in order to
make the decision, and the Council should act for fire community.
Det. Wm. Hannon commented regarding service by the Sheriff, and asked it be looked at
carefully before making a derision.
Bill Short stated that there should be consolidation of departments into seven departments, and
the best manager found to do the jobs; that there are less police officers now than in 1984, but
there has been a 61% increase in the Crimes Against Persons stats during the same time
period, and there should be additional police.
Patricia Gallagher, San Jacinto Way, supported the utility tax, and.stated that beneficiaries of
the services should pay for them, and the entire burden should not be on the employees who
provide the service; that city services have already been reduced, and she wanted a safe and
clean community.
Betty Tuminello commented on getting a 911 center and contracting with the sheriff.
Fred Ebeling,Tuscan Road, commented on the cost of bringing garnmg to the community; that '
increased debt, increases the budget, and leaves little for parks, pool and tourism, and that
there needs to be a change.
Darrell Meeks commented that cuts needs to be at city hall and not the police department; that
the Council should have started discussing this sooner and not just at one meeting.
There were no further appearances, and the Mayor declared a short recess.
Council Minutes z �)
5-4-94, Page 3
1. 1994-95 FISCAL YEAR BUDGET PRESENTATION
Mayor stated that the Council began discussing the budget after it finished this year's budget;
that the parks maintenance district proposal was an effort to address the deficit; that it met all
day a few weeks ago, and has known all along of the deficit; and that the convention center,
tourism, etc., stimulate business, and the use of the TOT funds meets the requirements.
' Councilmember Lyons stated that when comparable services are examined, Palm Springs has
138 compared to 101 for Palm Desert, however, the population ratio per employee is 304 to
246 for Palm Desert; that the Council cannot dictate that there will be no more contract
negotiations, and that it must met and confer and cannot unilaterally impost a contract; and that
of the highest paid employees, five are department heads, however, 27 are police; that there
are salary structures in place and those must be dealt with through the employee units in good
faith;and that there is a misconception in the community that "city hall" and department heads
are "fat cats."
Councilmember Schlendorf stated that the city has never been in more economic stress; that
she preferred the community to address the problem from a "we" standpoint; that it must
chose what it wants for the conununity, and participate in the decisions; that rollbacks and
salary freezes are not easy to do; that she wanted the community to say what it wants and to
give the city and staff what it feels is needed; that there is no doubt the city will have to do
berio ; and that Palm Springs is luckier than some communities,which are permanently closing
libraries.
In response to Council, City Manager stated that even if the utility tax is approved, some of
the cuts can still be made without impairing city services.
Councilmember Reller-Spurgin stated that it has taken many years to create the Palm Springs
product, and home that people know; that the cuts will greatly affect tourism as well as the
resident; that the decision must be in the best interest of the majority of Palm Springs; that she
feared for the kind of life to raise kids in when positive deterrents are removed, e.g., parks
and pool and library; that added police are needed on the streets; that it is not fair to
employees spending time going from one budget scenario to another, and time and money are
one and it could be used on more positive things, nor is it fair to waive the carrot of removing
police and fire; that she favored a percentage reduction in pay for new hires; across the board
rollbacks in all salaries; a combining of departments; one safety chief; a joint meeting with
Desert Hot Springs after June, concerning consolidation of services, as well as with P.S. High
School; an RFP for parks maintenance; negotiating a fixed salary schedule for employees;
relinquishing council salaries; and that she was willing to impose a 4% utility lax at this time,
and that she did not want to use reserve funds.
Councilmember Hodges agreed with many of Councilmembers Reller-Spurgin's continents,and
stated that some were suggested last year and not followed up on; that she was shocked by the
proposal to close a fire station, and report has never been received on the request of last year
to look at consolidating two stations, which might make it possible for 3-man companies; that
it is evident that if the utility tax does not pass, there will be severe cuts in services throughout
the community, and if the community is willing to approve the tax, she will vote yes for it,
otherwise she will not support it; that the Council pledged to placing the question on the ballot,
and it should keep that pledge and see what the results of the election will be; that the city
cannot go through this each year, and it must have a budget in place with reserves -which is
3-5 years away; that it must reorganize and implement what the public wants; that the library
petition is evidence of the community's involvement, but the Council must weigh the factors,
i.e., police or library hours, and the decision should be made after the public says what it is
willing to pay for. She asked for the status of the community services district, which was
brought up last year, and when it will come to the Council.
Mayor stated that the fire consolidation committee meetings indicate that there will not be any
big saving in consolidation, but a higher level of service, that it also relates to the fire station
issue, and salary comparison show that P.S. fire is not highest paid in the valley, and
Cathedral City is paid more; that restructuring is needed and is moving ahead; that employee
relations need to be refined, and pay scale more humane; that reduced medical benefits will
save approximately $800,000 annually; that overtime is being addressed in negotiations; that
police overtime is being looked at; that if Spring Break is returned to what it was, no one is
stepping forward to pay for police overtime; that the Council should wait until after the
election to decide on the utility tax; that it is needed for at least a couple of years; that he felt
the city was moving in the right direction regarding economic development projects and
1 (17
Council Minutes
5-4-94, Page 4
1. 1994-95 FISCAL YEAR BUDGET PRESENTATION
annexation which move slower than private industry;that gaming will stimulate the community
and its placement in the beart of downtown, without invading it, is extremely important; that
closure of social services impact the community, and residents as well do not want to live in
it; that the Council should look at a "lifeline"billing in terms of waste disposal, and other cost
reductions like a public utility which SCE has reacted to and recognizes that something must '
be done; that there is the danger of creating higher pay costs for overtime, which must be
guarded against; and that the sheriff proposal is not an issue, because the Council looked at
it and found that it was not a great saving, unless the community service level was reduced.
Councilmember Schlendorf stated that in many cases restructuring is only relabeling, and that
is why she asked to see job descriptions and consequence statements for the changes, and she
wanted to still talk about those; and that the Council worked on the issue of sheriff services
for over a year.
Councilmember Lyons noted that the Council also asked that the police department look at
basic and less specialized services.
In response to questions by Council, City Manager stated that the city can educate, not
advocate, concerning the utility tax, and a series of town meetings like last year are proposed,
and it will be shown to the community that if it wants to avoid service reduction impacts, it
will need to support the tax; that four such meetings are anticipated; that none of the budget
scenarios involve closing parks -however, the pool is included - rather substantially reduced
quality; and employee unit leadcaship may be willing to attend the meetings.
No specific action was taken.
COMMUNITY REDEVELOPMENT' AGENCY: Mayor declared the nneeting adjourned for the
purpose of convening as the Community Redevelopment Agency; after which, members reconvened as
the City Council. ,
HOUSING AUTHORITY: Mayor declared the meeting adjourned for the purpose of convening as the
Housing Authority; after which members reconvened as the City Council.
FINANCE AUTHORITY: Mayor declared the meeting adjourned for the purpose of convening as the
Finance Authority; after which, members reconvened as the City Council.
PUBLIC HEARINGS:
2. PUBLIC NUISANCE ABATEMENT APPEAL - FRANKE
Recotmnendation: That the Council open hearing and take testimony regarding Iv[r. & Mrs.
Henry Franke's written appeal for the posting of a Public Nuisance Abatement.
Fire Marshall reported that the nuisance, relating to an unsafe sidewalk condition, is estimated
to cost$500 to repair, and explained that if the work is not done, the City will do it and assess (0 5 it-
the property, which can be placed as a lien. 00.1)
City Clerk reported that Mr. & Mrs. Franke are handicapped, and were unable to attend the
meeting.
Discussion followed, in which it was the consensus of the Council that staff work toward a
solution whereby the CDBG or other assistance funds can be used to help with the repair, and
in the absence thereof, that the matter be returned to the Council for further disposition; after
which,it was moved by Schlendorf, seconded by Reller-Spurgin,and unanimously carried, that '
staff proceed accordingly.
3. CS. 5.0637-MISC. - ANNEXATION M26/PROTEST HEARING
Recommendation: That the Council receive public comment, especially the required written
comment, regarding Annexation i126,and then,continue the item to adopt a resolution ordering
Annexation #26 according to the protest received, if any, and to consider the required (054-
agreement, with Riverside County, regarding the provision of police and fire services and 005)
permit processing.
Council Minutes OP)
5-4-94, Page 5
3. CS. 5.0637-MISC. - ANNEXATION #26/PROTEST HEARING
Director of Planning&Zoning reviewed his memorandum, a copy of which is on file with the
City Clerk, and requested that at the close of the hearing, the action be continued in order to
finalize agreement with the County, concerning providing services.
1 Mayor declared the hearing open.
Jeremy Crocker commented concerning the wind energy production and utilization of it.
Fred Noble stated that a greater revenue will be generated for the City; that the wind industry (054-
does not require services, e.g., schools, road, etc., and urged the process be completed prior 005)
to financing -June 30, 1994. He thanked the city manager, city attorney and staff for their
diligent efforts in bringing this about.
City Manager stated that he understood the agreement was out of the County Administrator's
Office.
There were no further appearances, and the hearing was closed.
It was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that this
matter be continued to May 18, 1994.
4. CS. 5.0400-ZTA FLOOD DAMAGE PREVENTION AMENDMENT
Recommendation: That the Council adopt the proposed amendment to Section 9317.00 of the
Zoning Ordinance by changing the title of"Director of Community Development"to "Director
of Public Works". The purpose of the amendment is to conform to requirements of FEMA.
Memorandum of Director of Planning & Zoning highlighted by the City Manager.
' Mayor declared the hearing opened; there were no appearances, and the hearing was closed. (103-
039)
City Clerk read title of the Ordinance, as follows:
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 9327.00 (FLOOD DAMAGE PREVENTION) OF THE
ZONING ORDINANCE.
It was moved by Lyons, seconded by Roller-Spurgin, and unanimously carried, that further
reading be waived, and the ordinance be introduced for first reading.
LEGISLATIVE ACTION:
5. ORDINANCES FOR SECOND READING & ADOPTION (Intro. 4-20-94)
City Clerk read titles of Ordinance 1471 re: Noble Development Agreement (H3378); and
Ord 1472 amending the Zoning Ordinance re: Wind Energy Conversion Systems; and (103-
039)
Ord 1473 amending the Municipal Code re: Noise Ordinance (WECS),
(103-
after which, it was moved by Schlendorf, seconded by Roller-Spurgin, and unanimously 001)
carried, that further reading be waived, and that Ordinances 1471, 1472 and 1473 be adopted.
6. MUNICIPAL GOLF COURSE EXPANSION-TAHQUITZ EROSION PROTECTION
Recommendation: That the Council award bid to provide Tahquitz Erosion Protection work
for the Municipal Golf Course Expansion, CP93-33, to E.L. Yeager Construction, Inc., for
$475,415, A3372.
City Engineer distributed an additional memorandum, detailing the status of the golf course (092-
expansion budget, explaining how various aspects of the course have exceeded estimated 010)
construction costs, the changes in work items in order to reducing the excess; and that there
remains a substantial shortfall in order to pay for the first year's bond debt from the
construction funds, of$750,000. He described three items, ranked by priority, in order to
achieve $429,000, and a possible additional item of$100,000, which coupled with other
Council Minutes
5-4-94, Page 6
6. MUNICIPAL GOLF COURSE EXPANSION-TAHQUITZ EROSION PROTECTION
savings should cover the debt payment (a copy of the memorandum is on file with the City
Clerk). He then reviewed the memorandum of the Director of Public Works, concerning the
stated item.
Minute Order 5351 as recommended,was presented;after which, it was moved by Schlendorf, ,
seconded by Lyons, and unanimously carried, that M05351 be adopted.
7. MUNICIPAL GOLF COURSE EXPANSION-TETTEMER ASSOCIATES
Recommendation: That the Council approve a third amendment to contract services agreenrent
for engineering services with John M. Tettemer & Associates„ LTD., for $63,700 for
Municipal Golf Course expansion.
City Engineer reviewed the memorandum of Director of Public Works, and stated that lie felt (097-
33% of the cost could be saved through another engineering firm, however, it would take 6-9 010)
months to achieve the RFP and award process, and to go through FEMA; and he assured the
Council this would be the end of the FEMA requirements.
Minute Order 5352 as reconmtended,was presented; after which,it was moved by Schlendorf,
seconded by Hodges, and unanimously carried, that M05352 be adopted.
8. ADDITIONAL LEGISLATIVE ITEMS: (Satisfies agenda posting requirements; materials at
meeting) None
CONSENT AGENDA:
9. Res 18380 concurring with Housing Authority matter item a). (152)
10. See Item 19. '
It. Res 18381 approving parcel map 27859 for property located at the northwest comer of Ramon ( 119-
Road east and Paseo Dorotea, Section 18, T4S, R5E. 001)
12. See Item 19.
13. MO 5353 approving contract with Montgomery Watson Americas, Inc., for $29,000 to ( 127-
evaluate and prepare a ground water monitoring system at the Waste Water Treatment Plant. 0011)
A3374.
14. MO 5354 approving a one year personal service contract with Charles J. Supple. M.D. for
employment-related physical examinations for F/Y 1994-95. A3375. OCI6)
15. MO 5355 approving a one year personal service contract with Leonard M. Kalfuss, M.D. for (11.0-
employment-related orthopaedic examinations for F/Y 1994-95. A3376. 006)
16. Res 18392 approving a request for encroachment license by Brent Davey to allow the
construction of a thirty inch high garden wall, a landscape planner along the front of the (136-
building, and a canvas awning at the main entrance to the building, located at 292 E. Palm 028
Canyon Dr.
17. Res 19383 amending the budget for $34,000 for Downtown Parking Plan, see CRA item b. (061-
0.15)
18. Res 19384 and 18385 approving Payroll Warrants and Claims & Demands. (086)
Schlendorf abstain Warrant#886120,Reller-Spurgin abstain Warrant#886139,Hodges abstain ,
Warrant #885980.
It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that MO 5353
through 5355 and Resolutions 18380 through 18385 be adopted; abstentions on warrants:
Schlendorf, 886120; Reller-Spurgin, 886139; and Hodges, 9859130.
Council Minutes 6
54-94, Page 7
19. CONVENTION CENTER - STORAGE UNIT CONVERSION
Recommendation: That the Council award contract to James T. Dunphy Co. for $146,900,
for the Convention Center storage unit conversion project, CP93-17, A3373.
Maryanov stated that he would abstain due to potential client relationship.
Councilmember Reller-Spurgin stated that she found it difficult to spend money anywhere until (139-
the budget is set.
001)
Director of Public Works reported that the project is an obligation and funded from bond
proceeds.
Minute Order 5356 as recommended,was presented; after which, it was moved by Schlendorf,
seconded by Lyons,and unanimously carried,Maryanov abstaining, that M05356 be adopted.
20. BUDGET AMENDMENT - FLOOD CONTROL
Recommendation: That the Council amend the budget to appropriate$708,053.02 to provide
funding for the design and construction of the Riverside County Flood Control District for Line
20 on El Cielo Road, from the Tahquitz Wash to Sunny Dunes Road, in the Central drainage (061-
area, funds available from prior fiscal year fee collections. 015)
In response to question by Council, Director of Public Works reported that the project will
resolve future problems associated with flood damage at El Cielo from waters draining from
the north side of the wash, and to some extent resolve problems from water coning down the
Tahquitz Wash from the west.
Resolution 18386 as recommended, was presented; after which, it was moved by Lyons,
seconded by Reller-Spurgin, and unanimously carried, that R18386 be adopted.
ADDED STARTERS: None
REPORTS OR REQUESTS:
19. DEPARTMENTAL REPORTS - Received & filed
a) Treasurer's Monthly - February, 1994 (121-
002)
b) Southern California Edison Franchise Statement, Calendar year 1993. (147-
001)
CITY COUNCIL reports or requests
a) Councilmember Lyons stated that he was-appealing the Planning Commission decision (116-
regarding an arcade in the shopping center at Sunrise and Ramon. City Manager 116-
noted that it will be scheduled for hearing. 048)
b) Airport Commission: Mayor reported receipt of letters from other entities designating
the following appointees/ex-officio members to the Airport Commission: Jean (060-
Benson,member representing Palm Desert;Joe Amar,member representing Cathedral 001)
City; and Phil Kerr, ex-officio, representing Desert Hot Springs.
c) City Selection Committee LAFCO: Mayor noted that although the committee will
meet,no one will attend for Palm Springs due to the study session and joint meeting
with the Human Rights Commission on May 11, 1994.
' PUBLIC reports or requests
a) Jeremy Crocker commented concerning WECS, and complimented improvements
downtown.
b) Bill Short commented regarding employee salaries, and that if there is heavy use of
police overtime, it indicates more officers are needed.
Council Minutes
5-4-94, Page 8
c) Darrell Meeks commented concerning Villagefest's subjectivity to the Brown Act;and
in his opinion, its intentional lack of meeting, to preclude candidates from having
booths at the event prior to the June election. He asked than the Council support such
meetings being open and with public comment.
d) Fred Ebeling spoke negatively about the sheriff's department.
STAFF reports or requests '
CLOSED SESSION
City Attorney announced Closed Session Items (See Page 5 of agenda of this dale.) After
which, members convened in Closed Session in the Small Conference Room at 10:40 p.m.;
and reconvened in the Chamber at 11 p.m., all members present.
CLOSED SESSION REPORT
City Attorney reported on matters discussed in closed session, as all entities - see items on
Page 5 of agenda this date; and that there were no actions taken.
ADJOURNMENT
There being no further business,Mayor declared the meeting adjourned to May 11, 1994,6:30
P.m., to hold a joint study session meeting with the Human Rights Commission at the Palm
Springs High School Library, to be followed by Closed Session in the Small Conference
Room, City Hall.
C.._(H
� JUDITH SUMICH
City Clerk
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