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HomeMy WebLinkAbout1984-07-05MINUTES ADJOURNED CITY COUNCIL MEETING THURSDAY, JULY 5, 1984 CIVIC CENTER COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Puluqi INVOCATION - Mayor Pro-Tempore Richard S. Kelly ROLL CALL Present: Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Jeff Patterson, Deputy City Attorney Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Ramon A. Diaz, Director of Environmental Services Kirby J. Warner, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. REQUEST FOR AUTHORIZATION To Advertise and Ca11 for Bids for Construction of the Portola Avenue Culvert at the Whitewater River (Contract No. 1073). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. B. REQUEST FOR APPROVAL of Extension of Landscape Maintenance Contract for Cook Street & Country Club Drive Medians. Rec: By Minute Motion, authorize the one-year extension of the contract for landscape maintenance on the Cook Street and Country Club Drive medians. C. REQUEST FOR APPROVAL of Parcel Map 17449, Chazen Construction Company, Applicant. Rec: Waive further reading and adopt Resolution No. 84-90, approving Parcel Map 17449. MINUTES ADJOURNED CITY COUNCIL MEETING JULY 5, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR APPROVAL of Final Tract Map 19824-1, Kala Management Corp., Applicant. Rec: Waive further reading and adopt Resolution No. 84-91, approving Tract 19824-1 and the bonds and agreements relating thereto. E. REQUEST FOR CONSIDERATION of Proposed Assessment District No. 83-2 (Industrial Parcel Map No. 17452). Rec: 1. Waive further reading and adopt Resolution No. 84-93, making findings on the assessment district petition. 2. Waive further reading and adopt Resolution No. 84-94, designating persons to perform various duties associated with the proceedings for the special assessment district. 3. Waive further reading and adopt Resolution No. 84-95, adopting the proposed boundary map for the assessment district. 4. Waive further reading and adopt Resolution No. 84-96, approving and authorizing execution of the special assessment district acquisition/financing agreement. Upon motion by Puluqi, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A N one WITH CONCURRENCE FROM THE CITY COUNCIL, MAYOR SNYDER MOVED AHEAD ON THE AGENDA TO ORDINANCE FOR INTRODUCTION TO ACCOMMODATE THE MANY PEOPLE IN ATTENDANCE REGARDING THIS MATTER. X. ORDINANCES For Introduction: A. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTION 9.50 OF THE MUNICIPAL CODE OF THE CITY OF PALM DESERT RELATING TO MOBILE HOME PARK RENT REVIEW. Mrs. Gilligan reported that petitions had been received on June 29th containing containing 1,280 signatures. A total of 771 valid signatures were required to place this measure on the November ballot. She stated that the County of Riverside had verified 874 valid signatures, with 406 signatures deemed invalid. The Council thus had two options: place the issue on the November ballot or adopt the ordinance as presented. Councilman Wilson inquired as to reported misrepresentation by the petition carriers of exactly what the proposed measure would do if approved. Deputy City Attorney Patterson responded that it was the responsibility of the person signing to know what he was attaching his signature to. Councilman Puluqi moved to place the issue on the November ballot, and Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Council. Councilman Wilson asked the the City Attorney review the wording to see if it was possible to reword it for clarification before placing it on the ballot. VIII. PUBLIC HEARINGS A. CONSIDERATION OF ADOPTION OF FISCAL YEAR 1984-85 OPERATING BUDGET FOR THE CITY OF PALM DESERT. -2- MINUTES ADJOURNED CITY COUNCIL MEETING JULY 5, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s MAYGP/CHAIRMAN SNYDER CONVENED THE MEETING OF THE REDEVELOPMENT AGENCY AT 7:15 P.M. FOR THE PURPOSE OF HOLDING A JOINT PUBLIC HEARING ON THE PROPOSED 1984/85 BUDGET. Chairman Snyder asked for roll call of the Agency Board, and the following were present: Present: Member Phyllis Jackson Vice Chairman Richard S. Kelly Member Romeo S. Puluqi Member S. Roy Wilson Chairman Walter H. Snyder Also Present: Carlos L. Ortega, Executive Director Bruce A. Altman, City Manager Jeff Patterson, Deputy City Attorney Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Ramon A. Diaz, Director of Environmental Services Kirby J. Warner, Director of Finance Mayor/Chairman Snyder declared the Joint Public Hearing open asked for staff's report and recommendation. Mr. Altman reported that the City Council had met in Study Session all day to review the proposed City and Redevelopment Agency budgets in depth. As a result of those discussions, the following amendments were made to the budget: Added $15,000 contribution to the Palm Desert Youth Center. - Added $20,000 to begin animal control program. - Added $21,000 to nuisance abatement revenue. - Added $4,000 for special election on police tax. - Added $100,000 to capital improvement budget for museum. Added $3.2 Million to Agency Capital Improvement budget for Monterey bridge. Deleted $100,000 from car fleet program. Reduced El Paseo/Town Center trolley account by $3,800 for 6 month program instead of 9 month program. Deleted $1.35 Million from City Capital Improvement budget for Monterey bridge. Mr. Altman recommended adoption of both budgets as amended. Mayor/Chairman Snyder invited input in FAVOR of the proposed budgets, and none was offered. He invited input in OPPOSITION to the proposed budgets, and none was offered. He declared the Joint Public Hearing closed. Councilman Puluqi moved to waive further reading and adopt Resolution No. 84-97 as amended. Councilman Jackson seconded the motion, and motion carried by unanimous vote. Member Puluqi moved to, by Minute Motion, approve the 1984-85 Fiscal Year Budget for the Palm Desert Redevelopment Agency. Member Jackson seconded the motion, and motion carried by unanimous vote of the Agency Board. Upon motion by Puluqi, second by Jackson, and unanimous vote of the Agency Board, Chairman Snyder adjourned the Redevelopment Agency meeting at 7:30 p.m. -3- MINUTES ADJOURNED CITY COUNCIL MEETING 3ULY 5, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * lb IX. RESOLUTIONS A. RESOLUTION NO. 84-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 83-58 AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED POSITIONS FOR THE 1984-85 FISCAL YEAR. Councilman Wilson expressed concern about CETA employees being hired as permanent employees. Councilman Puluqi stated that while he shared this concern, it was the responsibility of the City Manager. The Manager had been assigned specific tasks and if he recommended this additional help, Council should approve it so that the tasks may be completed. The Manager is ultimately responsible. Upon motion by Jackson, second by Kelly, Resolution No. 84-98 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 84-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NOS. 83-59, 83-104, 83-138, 84-5, 84-10, 84-23, AND 84- 35, AND THUS ESTABLISHING FOR THE 1984/85 FISCAL YEAR A REVISED TABLE OF SALARY RANGES FOR CLASSIFICATIONS AND POSITIONS, A MEMORANDUM OF AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF PALM DESERT AND THE PALM DESERT EMPLOYEES ORGANIZATION ESTABLISHING THE PROGRAM AND CRITERIA FOR AN EMPLOYEE COMPENSATION STUDY (ATTACHED HERETO AS EXHIBIT "A"), POSITIONS EXEMPT FROM OVERTIME PROVISIONS, MILEAGE REIMBURSEMENT, AUTO ALLOWANCES, SERVICE CLUB REIMBURSEMENT, PROVISIONS FOR LONGEVITY ADVANCEMENTS, CITY PAYMENT OF THE EMPLOYEE CONTRIBUTION TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, MAXIMUM VACATION ACCUMULATION, AND OBSERVANCE OF HOLIDAYS FALLING ON SATURDAY ON THE PRECEDING FRIDAY, EFFECTIVE JULY 1, 1984. Mr. Altman recommended adoption of the resolution and noted that the City Manager and City Clerk's salaries were not yet set forth in the resolution as these salaries were at the discretion of Council. Councilman Puluqi stated that he and Councilman Kelly had met with both individuals, and they recommended to the whole City Council a 10% increase for both as a result of these discussions. Councilman Kelly supported this. Councilman Wilson stated he felt a Closed Session should be held to discuss performance with both, and Councilman Puluqi stated he felt that one had already been held for both positions, and he needed no further information. Councilman Puluqi moved to waive further reading and adopt Resolution No. 84-99 amended to include a 10% salary increase for both the City Manager and City Clerk. Councilman Kelly seconded the motion, and motion carried by unanimous vote of the Council. C. RESOLUTION NO. 84-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING REFUSE COLLECTION SERVICE RATES WITHIN THE CITY OF PALM DESERT AND RESCINDING RATES ESTABLISHED UNDER RESOLUTION 83- 64. Mr. Ortega reviewed the justification for the rate increase and stated after review of the P.D. Disposal Company's books, the City's auditors recommended an 8% increase. Considerable Council discussion followed relative to why the company's receipts were not factored into this report. It was felt that that while demand for service was greter in the City, receipts were also greater due to the tremendous growth of the City. -4- MINUTES ADJOURNED CITY COUNCIL MEETING JULY 5, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * deouncilman Kelly stated it was hard for him to grant another increase when the company's revenues had increased by 35%. He said that on the basis of the information provided here, he would vote against it. Councilman Wilson stated his concurrence with Kelly's concerns but felt that the current agreement had been followed with the audit, and Council should accept it and then review the franchise agreement to see if there was not a better way to review and audit these requests. Councilman Wilson moved to waive further reading and aodpt Resolution No. 84-89 with direction to staff to review the existing franchise agreement to come up with a better way to review increase requests. Councilman Puluqi seconded the motion. Motion carried on a 4-1 vote with Councilman Kelly voting NO. D. RESOLUTION NO. 84-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION, TO BE CONSOLIDATED WITH THE STATE-WIDE GENERAL ELECTION, TO BE HELD ON TUESDAY, NOVEMBER 6, 1984, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A QUESTION RELATING TO A STANDBY OR AVAILABILITY CHARGE FOR THE PURPOSE OF FUNDING POLICE PROTECTION AND SERVICES WITHIN THE CITY OF PALM DESERT. Mr. Altman reported that at the Council study session of June 28th, it was decided to wait to see how effective the recently added police protection was before going to the voters to ask for a tax. Therefore, this should be deleted from the resolution. Mrs. Gilligan noted that the City Council was required to call the General Municipal Election to be held on Tuesday, November 6, 1984, and to specify seats open and ballot measures. This resolution set forth this specifics. Upon motion by Puluqi, second by Kelly, Resolution No. 84-87 was adopted with the deletion of the police protection services tax measure by unanimous vote of the Council. E. RESOLUTION NO. 84-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 1984. Mrs. Gilligan reported that this election established regulations as to what would be allowed in the sample ballot and specific regulations for candidates. Upon motion by Puluqi, second by Kelly, Resolution No. 84-87 was adopted by unanimous vote of the Council. Optional Election Resolutions for Consideration: F. RESOLUTION NO. 84- - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. Mrs. Gilligan explained that the Elections Code now contained provisions for the filing of rebuttal arguments if city governments so desired. This could mean two additional arguments if rebuttal were filed both for and against a measure. -5- MINUTES ADJOURNED CITY COUNCIL MEETING JULY 5, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mei ib Council chose to take no action on this resolution. G. RESOLUTION NO. 84-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. Mrs. Gilligan explained that since the last Municipal Election, state law had been amended to provide that local governing bodies may file arguments either for or against a local measure. Councilman Puluqi suggested that the City Council take a position against the proposed ordinance which would in effect repeal the City's rent control of mobilehome parks. Upon question by Puluqi, Mrs. Gilligan responded that the Council's filing of arguments would preclude anyone else from filing. MR. RON NARRONS, Indian Springs Mobilehome Park, addressed Council and stated he felt the tenants would appreciate Council's support of mobilehome park rent control and that its arguments would carry more weight than individuals. Councilman Puluqi moved to waive further reading and adopt Resolution No. 84-100 authorizing any one or all members of the City Council to file arguments against the proposed measure against rent control and to direct the City Attorney to write such argument against in conjunction with representatives of each mobilehome park in the City. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTION 9.50 OF THE MUNICIPAL CODE OF THE CITY OF PALM DESERT RELATING TO MOBILE HOME PARK RENT REVIEW. Action taken just prior to Section VIII of the Agenda. For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B none XVI. REPORTS AND REMARKS A. CITY MANAGER -6- MINUTES ADJOURNED CITY COUNCIL MEETING. JULY 5, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * y 't. None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson commended staff on an excellent budget -- the best he had seen. Mayor Snyder and the other members of the City Council echoed these statements. XVII. ADJOURNMENT Upon motion by Puluqi, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 8:35 p.m. ATTEST: SHEILA R. LIGAN, CCLERK CITY OF PALM DESER . ALIFORNIA 0 WALTER H. SNYDER, MAYOR -7-