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HomeMy WebLinkAbout1985-07-25MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Walter H. Snyder III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Mayor Pro-Tempore Richard S. Kelly Councilman 5. Roy Wilson Mayor Walter H. Snyder Also Present: Councilmember Phyllis Jackson Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Doug Phillips, Deputy City Attorney Mary P. Frazier, Deputy City Clerk Ramon A. Diaz, Director of Environmental Services Richard Folkers, Director of Public Works Kirby Warner, Finance Director V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES OF THE REGULAR CITY COUNCIL MEETINGS OF JUNE 26 AND JULY 11, 1985. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - DEMAND NOS. 85-125, 85-126, AND 86-011. Rec: Approve as presented. C. CLAIM AGAINST THE CITY BY ANGIE LYONS ERICKSON IN THE AMOUNT OF $500,000 FOR ALLEGED DAMAGES SUSTAINED IN AN ACCIDENT NEAR 44-409 SORRENTO, PALM DESERT. Rec: Deny the claim and instruct the City Clerk to so advise the claimant. MINUTES REGULAR CITY COUNCIL MEETING JULY 25, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CLAIM AGAINST THE CITY BY KIRK ROLAND AND DIANA ROLAND FOR ALLEGED DAMAGES IN THE APPROXIMATE AMOUNT OF $150,000.00 FOR ALLEGED INJURIES SUSTAINED IN AN ACCIDENT AT THE SOUTHEAST CORNER OF SAN LUIS REY AND HIGHWAY 111. Rec: Deny the claim and instruct the City Clerk to so advise the claimant. E. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR TRAFFIC SIGNAL MODIFICATIONS AT EL PASEO AND HIGHWAY 111. Rec: By Minute Motion, authorize the City clerk to advertise and call for bids for traffic signal modifications at the intersection of State Highway 111 and El Paseo adjacent to the Town Center. F. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE TRAFFIC SIGNALS AT EL PASEO/SAN PABLO AVENUE AND EL PASEO/SAN LUIS REY AVENUE (CONTRACT 1094). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 1094. Upon motion by Benson, second by Kelly,the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VII. ORAL COMMUNICATIONS - A MR. GEORGE BERKEY, 73-625 Joshua Tree, addressed the Council relative to sidewalks in industrial parks. He stated that he was connected with a new industrial park on Cook Street and that at least one of the buyers who submitted a development plan to the Planning Commission had been advised that sidewalks would have to be installed in the interior of the park. It was his feeling that people go to industrial parks to meet and carry on business; they do not go to stroll. He added that he hoped this matter could be cleared up so that sidewalks would not be required in industrial parks. Councilman Wilson stated he felt this was something that should be looked into. Mayor Snyder noted that Environmental Services staff would be directed to investigate this matter of sidewalks in industrial areas and report to the Council with the findings at its meeting of August 8, 1985. VIII. PUBLIC HEARINGS N one IX. RESOLUTIONS None X. ORDINANCES For Introduction: N one For Adoption: N one XI. CONSENT ITEMS HELD OVER None -2- MINUTES REGULAR CITY COUNCIL MEETING JULY 25, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. NEW BUSINESS A. CONSIDERATION OF A REQUEST FOR AN APPROPRIATION OF $3,800 TO THE CHRISTMAS DECORATION ACCOUNT. Mr. Altman reported that the Council was briefed on this at Study Session. At the end of the 1984/85 fiscal year, there was $3,800 remaining in the Christmas Decoration Account which was put back into the General Fund. This was money that the Christmas Committee had planned for the 1985 Christmas season, and it just needed to be reappropriated to this year's budget. Councilman Wilson moved to reappropriate $3,800 to the 1985 Christmas Decoration Account. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. B. REQUEST FOR CONSIDERATION OF INCREASE IN REFUSE RATES FOR PALM DESERT DISPOSAL COMPANY. Mr. Altman reported that this was discussed in Study Session and recommended it be continued to the meeting of August 22, 1985, as Mr. Ortega is continuing in his discussions with Palm Desert Disposal Company. Upon motion by Benson, second by Wilson, this matter was continued to the meeting of August 22, 1985, by unanimous vote of the Councilmembers present. XIII. CONTINUED BUSINESS A. CONSIDERATION OF THE CALLING AND ORDERING OF A SPECIAL ELECTION FOR THE PURPOSE OF PLACING A MEASURE RELATING TO A DIRECTLY ELECTED MAYOR ON THE NOVEMBER 5, 1985, BALLOT. Mr. Altman reported that this item was on the Agenda per Council direction and that resolutions had been prepared for the Council to consider. Mayor Snyder stated that if the Council desired to put this issue on the ballot for November 5, 1985, and consolidate with the UDEL election, it would need to adopt Resolution No. 85-74. Councilman Kelly noted that inasmuch as Councilmember Jackson was expected to enter the meeting shortly and she had strong feelings about this issue, he felt this matter should be continued until further in the meeting so that she would have an opportunity to state her feelings. Upon motion by Kelly, second by Wilson, this matter was continued to later in the meeting by unanimous vote of the Councilmembers present. XIV. OLD BUSINESS A. REQUEST FOR APPROVAL OF FORMATION OF NORTH SPHERE ASSESSMENT DISTRICT NO. 84-1. Mr. Altman reported that this was discussed in Study Session and that Mr. Warren Diven of MacKenzie Brown's office was available to answer any questions. Mr. Warren Diven addressed Council and stated that both the County of Riverside and the City of Rancho Mirage had passed resolutions granting consent to the formation of this assessment district. He submitted copies of both resolutions for the record (on file and of record in the City Clerk's Office). He also noted that Section 4 of Resolution No. 85-77 had been amended to provide that the bonds shall not exceed fourteen (14) years from the 2nd day of September next succeeding twelve (12) months from the date. This amendment was a result of urgency legislation which was now effective, modifying the -3- MINUTES REGULAR CITY COUNCIL MEETING JULY 25, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * maturity date for bonds from the previously authorized July 2nd next succeeding ten (10) months from their date. Councilman Kelly moved to waive further reading and adopt the following resolutions pertaining to the formation of the North Sphere Assessment District: 1) Resolution No. 85-77, establishing jurisdiction and declaring the intent to construct the improvements; .2)-1-solution No. 85-78, passing on the engineer's report and setting the public hearing for the district; 3) Resolution No. 85-79, referencing the prevailing wage scale and calling for construction bids; 4) Resolution No. 85-80, authorizing the sale of bonds for the district; 5) Resolution No. 85-81, setting the public hearing for eminent domain proceedings for the district. Motion was seconded by Benson and carried by unanimous vote of the Councilmembers present. B. REQUEST FOR AWARD OF CONTRACT FOR RIGHT-OF-WAY ACQUISITION SERVICES FOR THE NORTH SPHERE ASSESSMENT DISTRICT. Mr. Altman referred the Council to a memo in the packets from the Public Works Director relative to this matter and offered to answer any questions. Councilman Kelly moved to: 1) By Minute Motion, award a contract for right- of-way acquisition services (Contract No. 00-053) for the subject assessment district to Quan & Associates in an amount not to exceed $17,000 and authorize a ten percent contingency reserve for the contract in the amount of $1,700; and 2) By Minute Motion, authorize the appropriation of $18,700 to fund the cost of the right-of-way acquisition services, with the condition that this amount be refunded to the City from assessment district proceeds when formation of the district takes place. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. COUNCILMEMBER JACKSON ENTERED THE MEETING AT 7:15 p.m. C. CONSIDERATION OF A SUBCOMMITTEE REPORT AND RECOMMENDATION ON CONTRIBUTIONS TO OUTSIDE AGENCIES. Mr. Altman reported that the Council had been briefed on this matter in Study Session and that Mr. Warner had been working with Mr. Phillips to mitigate concerns brought up by the Council during the Study Session. Mr. Warner reported that Item No. 4 of the Agreement required that the agency requesting contributions submit a monthly report listing its actual revenues and expenditures. Council had asked if quarterly reports could be required instead, and Mr. Phillips indicated that he had no problem with that change; he was just concerned that the City continue to monitor the public benefits of the programs. Another concern of the Council was that a nondiscriminatory clause be included in the agreement to assure that agencies receiving funds would make the programs available to all citizens. The following clause was proposed by Mr. Phillips to mitigate this concern: "These programs are available to all eligible participants, without regard to race, sex, political persuasion, religion, national origin, or age." Councilmember Benson moved to, by Minute Motion, appropriate $60,000 from the Unobligated General Fund balance to be placed in account titled "Contributions to Outside Agencies" and allocate $20,000 to the Cove Communities Seniors' Association, $20,000 to the Palm Desert Chamber of Commerce, and $5,000 to the Family YMCA/Youth Center, and authorize the Mayor to execute contracts for these amounts in a format to be provided by the City Attorney, said contracts to include the nondiscriminatory clause and the amendment requiring quarterly instead of monthly reports. Motion was seconded by Kelly and carried by unanimous vote of the Council. -4- MINUTES REGULAR CITY COUNCIL MEETING JULY 25, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. CONTINUED BUSINESS A. CONSIDERATION OF THE CALLING AND ORDERING OF A SPECIAL ELECTION FOR THE PURPOSE OF PLACING A MEASURE RELATING TO A DIRECTLY ELECTED MAYOR ON THE NOVEMBER 5, 1985, BALLOT. Mayor Snyder noted that this had been brought up earlier in the meeting and had been held over until this time so that Councilmember Jackson would be present for the discussions. Councilmember Jackson stated that she had expressed her feelings on this matter in a memo to the Councilmembers. This came up before the Council for consideration several months earlier, and a study had been done which showed the pros and cons of directly electing a mayor. One of her concerns was that of the many cities in California (441), less than 25% have a directly elected mayor, and most of those are either very large cities or are those with a ward or burrough system. She felt that there were many more reasons against directly electing a mayor than for it. She stated that she had an opportunity to discuss this matter with several other cities in California. One of the concerns expressed was that it is a movement toward bringing bipartisan elections into local government, and she felt that city government should be kept nonpartisan. She also believed that everyone elected to a council seat enters the job on an equal basis and must answer to the people who elected them. She felt that the current system of selecting the mayor from among the councilmembers was working so well that it should not be disrupted by putting the issue on the ballot. She also stated that she would far rather be selected by her peers than elected by the electorate. Mayor Snyder stated that he had never had really strong feelings one way or the other. He agreed with many of the things stated by Councilmember Jackson but felt that Palm Desert is no longer a little village. He did not feel that the job of Mayor was just an honorary position as that person must be willing to do the job that a good administrator would, and he did not see any change in the position whether elected by the citizens or selected within the council. He felt Palm Desert has a very intelligent level of citizens who should be allowed to make the decision of whether or not to directly elect the mayor. Councilman Kelly stated he also did not have any strong feelings about this issue; however, he felt that in considering the pros and cons, the cons outweighed the pros in having a directly elected mayor. He could see two good people running for mayor - one would be elected, and the one who was not elected would not even be serving on the council. He could also see a councilmember in the middle of a term running for mayor - if that councilmember was elected there would be an open seat on the council. There would then be the additional expense of electing a new councilmember. He felt that when the council elects a mayor from among itself, it establishes a good relationship and they can work together. He also stated that he had not seen or heard a great deal from the citizens about directly electing a mayor and had heard only good things about the way the mayor is selected currently. Councilmember Benson stated that she had originally voted for putting this issue on the ballot. However, she had given it a lot of thought, and her concern was that prior knowledge means a great deal in solving some of the problems that the council encounters. A directly elected mayor may not have the advantage of knowing what has gone on previously. Councilmember Wilson stated that when this was originally brought up, he felt it should be given a try. He agreed with Councilman Kelly in that he had not heard a lot from any citizens as to whether or not to put this on the ballot. He stated that after listening to comments made by the other Councilmembers, he would probably change his mind and - 5- MINUTES REGULAR CITY COUNCIL MEETING JULY 25, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * vote against the resolution. He felt that the Council should let the people decide whether or not they want to put this issue on the ballot. Mayor Snyder invited input from the audience. MR. RALPH WOOD, 72-920 Roy Emerson Drive, stated that he did not agree with Councilmen Wilson and Kelly about no interest being shown by the community. He stated that at a luncheon he attended the previous Tuesday, this issue was the topic of discussion for the entire meeting. He stated that he had noticed in the Planning Commission meetings and City Council meetings a tendency for the people to only attend the meetings if they were opposed to something. If they were in favor of a matter, they tend to stay home and assume it will go through. He felt the issue should be put on the ballot and that the Councilmembers should not be the ones to decide against doing so. Councilman Wilson stated that this was a Council initiated action for consideration. If the people really wanted it on the ballot, they should come to the Council and request it be put on. MR. GEORGE BERKEY, 73-640 El Paseo, stated that as he saw it the question was whether or not to let the people decide in November whether or not to elect the mayor. He added that he would be happy to see the Council vote against the resolution. However, if the resolution was adopted and the matter put on the ballot, he would be willing to work with a committee against having a directly elected mayor. Councilmember Jackson moved to DENY without prejudice Resolution No. 85- 74 calling and ordering a special election and requesting the Board of Supervisors of Riverside County to approve consolidation with the UDEL election to be held on November 5, 1985. Motion was seconded by Kelly and carried by a 4-1 vote, with Mayor Snyder voting NO. Mr. Phillips stated that by not passing Resolution No. 85-74, the Council would be denying it without prejudice, and anyone could come back and request that it be put on the ballot. He also stated that with Resolution No. 85-74 denied, the optional resolutions, No. 85-75 and 85- 76, were moot and no action was necessary. XV. ORAL COMMUNICATIONS - B MR. SANDY BAUM, 45-800 Deep Canyon, addressed the Council relative to signs at the ends of the median strips on Fred Waring and on Monterey to Parkview. He did not know of any other place in the City where you would be able to find directional signs like these and wondered why they were installed in just these few places. He felt they were placed a little too high for automobile lights to illuminate them and that they were more a distraction than a help. Mr. Folkers responded that directional signs have been around for a long time and that the new ones being installed are the symbolic type signs. The signs are for safety and to assure that motorists do not run into the islands. As far as being placed too high, he stated he would look into this and report back to the Council. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. COACHELLA VALLEY TELEVISION Mr. Altman reported that at Study Session he was asked to remind the Council to direct the Mayor and City Manager to go to C.V.A.G. with the issue of C.V.T.V. on Tuesday and ask them to take up the charge of looking into the cities' rights and privileges regarding cable television regulations. -6- MINUTES REGULAR CITY COUNCIL MEETING JULY 25, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Wilson, second by Kelly, the Mayor and City Manager were directed to discuss with C.V.A.G. the cities' rights and privileges relative to Coachella Valley Television and regulations. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. SB 75 Councilmember Jackson stated that a city in Orange County had produced a tape on SB75 which is very well done and has been well received by various organizations. She felt the citizens should be made aware of the unconscionable judgments against cities, and this might be something that could be shown to local service organizations to urge citizens to write to the Assembly Judiciary Committee. She also felt the City might be able to get the cooperation of the cable company in running this movie in the Coachella Valley. Mayor Snyder agreed with Councilmember Jackson that this is a very serious situation which needs to be addressed immediately. Councilman Wilson moved to, by Minute Motion, approve the purchase of the videotape on SB75. Motion was seconded by Kelly and carried by unanimous vote of the Council. 2. Councilmember Jackson thanked the Council for delaying the directly elected mayor issue until she could be present for the discussions. She stated that she was late because she had been at the Bob Hope Cultural Center's introduction of its new theater manager to the press. 3. Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Kelly, second by Benson, Mayor Snyder adjourned the City Council meeting at 8:00 p.m. to Closed Session in accordance with Section 54956.8 of the Government Code for the purpose of discussing real property negotiation and transactions, said Closed Session to be held immediately following the adjournment of the Redevelopment Agency meeting. Motion carried by unanimous vote of the Councilmembers. Mayor Snyder reconvened the City Council meeting at 8:50 p.tn. and immediately adjourned with no action taken or announced. 4GE.� WA TER H. SNYDER, MAYOR ATTEST: MARY P. FRAZIgR, DEPUTY TY CL,ERK CITY OF PALM DESERT, C FORNIA' -7-