Loading...
HomeMy WebLinkAbout1985-05-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MAY 23, 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 - Councilman S. Roy Wilson III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Sheila R. Gilligan, City Clerk David J. Erwin, City Attorney Kirby J. Warner, Director of Finance Barry McClellan, Director of Public Works Ramon Diaz, Director of Enviromental Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF EMPLOYEE SERVICE AWARDS. Mayor Snyder stated that the six employees had been with the City for five years: Denise Braun, Phil Drell, Linda Osborne, Stan Sawa, Mary Spencer, and Alana Townsend. There were also three employees who had been with the City for ten years: Frank Allen, Sheila Gilligan, and Naning San Pedro. He congratulated all of these employees on behalf of the entire City Council and presented each with a service pin. Ms. Braun thanked the Council and stated she felt sure the rest of the recipients felt as she did that it was a pleasure to work for the City of Palm Desert. B. APPOINTMENT of Alexander Yaron to the Civic Arts Committee. With concurrence of the City Council, Mayor Snyder appointed Mr. Alexander Yaron as a member of the Civic Arts Committee. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 9, 1985. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING MAY 23, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-105, 85-106, 85-107, 85-111. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Timothy Dale Finnell, Sr. for Palm Desert Arco, 73-993 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Wade Food Services for Numero Uno Pizzeria, 72-795 Highway 111, Palm Desert. Rec: Receive and file. E. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract 1091 (Basmaciyan-Darnell, Inc.) in the Amount of $5,347.00 to Add the Design of the Portola Country Club Signal. Rec: By Minute Motion, ratify Change Order //1 of Contract 1091. F. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract 1073 (J. D. Stine) in the Amount of $4,390.00. Rec: By Minute Motion, ratify Change Order #1 of Contract 1073. G. RESOLUTION NO. 85-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. H. CLAIM AGAINST THE CITY by Susan Geary in the Amount of $500,000 for Alleged Injuries/Damages Sustained in an Accident at the Intersection of Monterey Avenue and San Gorgonio Street. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. I. REVENUE AND EXPENDITURE REPORT for the Month Ending April 30, 1985. Rec: Receive and file. J. REQUEST FOR APPROPRIATION OF ADDITIONAL FUNDS FOR CONTRACT 1080 - JOSHUA ROAD DRAINAGE IMPROVEMENTS, STAGE I. Rec: By Minute Motion, authorize the appropriation of $152 to complete the final payment for the Joshua Road Drainage Improvements, Stage I. K. REQUEST FOR ACCEPTANCE OF WORK for Contract 1080 — Joshua Road Drainage Improvements, Stage I. Rec: By Minute Motion, accept the work for Contract No. 1080 as complete and authorize the City Clerk to file a Notice of Completion. L. REQUEST FOR RELEASE OF BONDS for Tract 13881-3 - Dame Construction Company, Inc. (Chaparral Country Club). Rec: By Minute Motion, accept this phase of the tract as complete and authorize the City Clerk to release the Faithful Performance Bond and Labor & Material Bond and accept a ten percent Maintenance Bond for the one-year maintenance period or reduce the performance bond to ten percent of its face value. -2- MINUTES REGULAR CITY COUNCIL MEETING MAY 23, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REQUEST FOR AWARD OF ENGINEERING SERVICES CONTRACT for Homestead Road/Alamo Drive Storm Drain. Rec: By Minute Motion, award a contract for engineering services for the subject project to ASL Consulting Engineers in the amount of $16,500 and authorize the encumberance of a ten percent contingency reserve in the amount of $1,650. N. REQUEST FOR AWARD OF CONTRACT for Irrigation System Design on Fred Waring Drive, Monterey Avenue, and Magnesia Falls Medians. Rec: By Minute Motion, award a contract for the design of irrigation systems for the subject medians to David Harbison bt Associates in the amount of $1,000 and authorize the encumberance of a ten percent contingency in the amount of $100. O. REQUEST FOR ACCEPTANCE OF WORK for the Construction of the Cove Communities Senior Center. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for said project and approve Change Order 114 in the amount of $2,766.16 and Change Order 115 in the credit amount of $678.62. P. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1984-85 Street Slurry Sealing Project. Q. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the City's 1984-85 Street Slurry Sealing Project (Contract 1093). RESOLUTION NO. 85-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR SAN PABLO PARK Rec: Waive further reading and adopt. Upon motion by Kelly, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS N one IX. RESOLUTIONS A. RESOLUTION NO. 85-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 1980-1 IN FISCAL 1985-86 (Presidents' Plaza). B. RESOLUTION NO. 85-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2 IN FISCAL 1985-86 (Canyon Cove - Tract 11636-1). - 3- MINUTES REGULAR CITY COUNCIL MEETING MAY 23, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. RESOLUTION NO. 85-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 4 IN FISCAL 1985-86 (Tract No. 8237 - Parkview Estates). D. RESOLUTION NO. 85-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 81-3 IN FISCAL 1985-86 (Tract Nos. 12181-1 & 12181-2 - The Vineyards). E. RESOLUTION NO. 85-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 5 IN FISCAL 1985-86 (Cook Street/Country Club Drive Median Assessment District). Mr. Altman stated that Resolutions 85-35, 85-36, 85-37, 85-38, and 85-39 would all set public hearings for June 13, 1985, to levy assessments for the next fiscal year in these assessment districts. Upon motion by Wilson, second by Jackson, Resolution Nos. 85-35, 85-36, 85- 37, 85-38, and 85-39, were adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: N one For Adoption: None XI. CONSENT ITEMS HELD OVER N one XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF INTERIM JOINT POWERS AGREEMENT FOR ANIMAL CONTROL. B. REQUEST FOR APPROVAL OF JOINT POWERS AGREEMENT FOR ANIMAL CONTROL SERVICES FOR FISCAL YEAR 1985-86. Mr. Frank Allen, Director of Code Compliance, stated that the City was notified last December that the Riverside County Health Department was increasing its rates. It had been three to four years since the last increase, and this increase would allow them to keep pace with the costs incurred for the Health Department to administer the program. Councilmember Jackson moved to, by Minute Motion: 1) approve the interim Joint Powers Agreement for services between March, 1985, and June 30, 1985, (Agreement No. 00-041) and authorize the Mayor to execute same; and 2) approve the Joint Powers Agreement for animal control services for fiscal year 1985-86 (Agreement No. 00-041-1) and authorize the Mayor to execute same. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REQUEST FOR AWARD OF CONTRACT FOR APPRAISAL SERVICES FOR THE NORTH SPHERE ASSESSMENT DISTRICT. Mr. Altman stated that there was a memo in the packets from the Acting Director of Public Works relative to this matter. Councilmember Jackson moved to: 1) by Minute Motion, award a contract for appraisal services for the subject assessment/district to Metzger & Associates, Inc., in the MINUTES REGULAR CITY COUNCIL MEETING MAY 23, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * amount of $33,580 (Contract No. 00-042) and authorize a ten percent contingency reserve for the contract in the amount of $3,358; and 2) by Minute Motion, authorize the appropriation of $36,938 to fund the cost of these appraisal services with the condition that this amount be refunded to the City out of assessment district proceeds when formation of the district takes place. Motion was seconded by Kelly and carried by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF CITY PARTICIPATION IN JOINT POWERS INSURANCE AUTHORITY. Mr. Altman reported that this was discussed in Study Session. Councilman Wilson moved to: 1. Waive further reading and adopt Resolution No. 85-40, authorizing the City of Palm Desert to self insure for Worker's Compensation; and 2. by Minute Motion, authorize the City to submit an application for a Certificate of Consent to self insure to the State Director of Industrial Relations. Motion was seconded by Jackson and carried by unanimous vote of the Council. E. REQUEST FOR APPROVAL OF PROPOSAL FOR TRAFFIC IMPACT ANALYSIS OF APPROVED AND/OR PROPOSED DEVELOPMENT IN THE VICINITY OF FRED WARING DRIVE AND HIGHWAY 111. Mr. Altman recommended that Staff be directed to proceed with the proposal outlined in the memo from the Director of Environmental Services dated May 23, 1985, and stipulate that the City be reimbursed by the developer for the cost incurred. Councilman Kelly moved to, by Minute Motion, approve the proposal in the amount of $6,124.00, with payment to be provided by developers. Motion was seconded by Wilson and carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR APPROVAL OF CIVIC CENTER SECURITY SYSTEM. Mr. Altman reported that this was discussed at Study Session, where Crime Prevention Officer Sue Kilday of the Riverside County Sheriff's Department stated that any security company hired by the City would be only armed response and secondary support service for the Sheriff's Department. The security companies should not respond to alarms without waiting for Sheriff's Deputies, who will always come out on a called alarm. He stated that it was staff's recommendation to hire Checkmate Security Systems and Services, Inc.; however, as it was felt that both Checkmate and Westec Security were good companies, it was up to the Council to decide which one to go with. Councilman Kelly moved to, by Minute Motion, authorize the execution of an agreement with Westec Security, Inc., (Agreement No. 00-043), to provide security equipment and services for the Civic Center. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Wilson voting NO. B. REQUEST FOR APPROVAL OF DOCUMENTS FOR MULTI -FAMILY MORTGAGE REVENUE BOND ISSUE (ROBERTSON HOMES, APPLICANT). Mr. Altman reported that this was discussed at the Study Session and that the Bond Counsel would address the Council relative to this matter. MR. FRANCIS BAUM, Best, Best & Krieger, reviewed in detail the memorandum from his office entitled "Summary of Transaction", noting that at a previous meeting the Council had indicated its intent to proceed with the approval of these documents. He stated that the bonds would be secured by the developer as well as by a guaranteed mortgage pass -through certificate issued by the Federal National Mortgage Association. lie further stated that AB53 had just been MINUTES REGULAR CITY COUNCIL MEETING MAY 23, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * signed which required that prior to issuance of these types of bonds, an investment firm must be retained to make a report on the bonds. This report would address whether the discount was reasonable and whether the transaction is similar to others in this area. It was his firm's recommendation that staff be directed to require that this report be done and that a staff representative be appointed to approve the report prior to the close of the bond transaction. Mayor Snyder asked whether the City Attorney had reviewed the documents. Mr. Erwin responded that he had not yet had the chance to review the documents but was aware of AB53. Mayor Snyder stated his concern about the financing agreement and asked if the City would assume any liability. Mr. Baum responded that these would be limited obligation bonds; the bond holders would not be able to look to the City for repayment. Councilmember Jackson moved to: 1) Waive further reading and adopt Resolution No. 85- 41, approving documents, appointing a trustee and bond counsel, and authorizing the sale of its multi -family housing revenue bonds and making certain findings in connection with the issuance of said bonds; said approval would be subject to review and approval of the documents by the City Attorney; and 2) direct staff to obtain the bond report under AB53, with Director of Environmental Services Ramon Diaz authorized to approve the report prior to the close of the bond transaction. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilmember Benson voting NO. XV. ORAL COMMUNICATIONS - B MR. SANDY BAUM, 45-800 Deep Canyon, Palm Desert, addressed the Council and stated that at a previous Council meeting, the Code Enforcement Director had been directed to look into the problems with cockroaches in the City. It was his understanding that the Coachella Valley Water District preferred to take care of this problem itself, and he wondered if the sewers throughout the City would be powdered in the near future. Mr. Frank Allen, Director of Code Compliance, stated that the C.V. Water District had started spraying the sewers last December or January throughout the entire system and had, in fact, overkilled in Palm Desert. They had found that this was very effective, and they would continue doing it two or three times per year. Councilmember Benson asked when they were planning to spray again, and Mr. Allen responded that it was usually done in the springtime and also in November. He also stated that the C.V. Water District had advised him that if there were homeowners having real problems with the cockroaches, they would be happy to come out and re -treat the system around those homes. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. PARKING ON EL PASEO Mr. Altman reported that this had been discussed in Study Session and that it was decided a committee should be formed composed of El Paseo merchants, City representatives, Chamber of Commerce, El Paseo Business Improvement Area, and 2000 Committee members to look into the parking problems on El Paseo. Councilman Wilson moved to form a committee to look into the parking problems on El Paseo. Motion was seconded by Jackson and carried by unanimous vote of the Council. 2. REQUEST FOR EXECUTIVE SESSION Mr. Altman requested an Executive Session to discuss pending litigation on the Monterey Overpass issue per Government Code Section 54956.9 (a).6- r.. MINUTES REGULAR CITY COUNCIL MEETING MAY 23, 1985 * * * * * * * * * * * * * * * a * * * * * * * * * * * * * * * * * 3. EARTHQUAKE PREPAREDNESS STUDY Mr. Altman reported that this had been discussed in Study Session and recommended that staff be directed to move ahead with this study. Councilman Wilson moved to direct staff to proceed with the organization of a task force to direct an earthquake preparedness program. Motion was seconded by Benson and carried by unanimous vote of the Council. B. CITY ATTORNEY 1. EXECUTIVE SESSION Mr. Erwin stated that the Council should include as part of the motion for adjournment .the request for Executive Session per Government Code Section 54956.9(a). C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. SENATE BILL 75 Councilmember Jackson stated that she had just returned from a trip to Sacramento and recommended that the Council prepare a resolution in support of SB75 which is the "Deep Pockets" bill that appears to be going nowhere except the Judiciary Committee. As it was becoming a critical situation for cities in California, she felt perhaps a campaign could be started that might have some effect in getting this bill passed. Councilmember Jackson moved to direct that a resolution in support of SB75 be prepared and when adopted that it be mailed to all cities in California with a letter from the Mayor urging similar action by those cities. Councilmember Benson seconded the motion which carried by unanimous vote. 2. Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Councilman Wilson moved to adjourn the City Council meeting at 7:37 p.m. to Executive Session (pending litigation under Government Code Section 54956.9(a) & (b), Monterey Overpass), said Executive Session to be held immediately following adjournment of the Redevelopment Agency Meeting. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. Mayor Snyder reconvened the City Council meeting at 8:45 p.m. and immediately adjourned the meeting with no action taken or announced. ATTEST: SHEILA R. S,ILL1GAN, C CLERK CITY OF PALM DESE CALIFORNIA _7/114:1a6`4A'C-9 WALTER H. SN DER, MAYOR -7-