Loading...
HomeMy WebLinkAbout1984-11-29MINUTES ADJOURNED CITY COUNCIL MEETING THURSDAY, NOVEMBER 29, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. CALL TO ORDER Mayor Snyder called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Pulugi INVOCATION - Councilmember Phyllis Jackson ROLL CALL Present: Councilmember-Elect Jean M. Benson 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 David J. Erwin, City Attorney Jeff Patterson, Deputy City Attorney Sheila R. Gilligan, City Clerk Ramon Diaz, Director of Environmental Services Al Cablay, Assoc. Civic Engineer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION FROM FAMILY Y OF THE DESERT Mr. Les Geiger of the Family Y of the Desert stated that a lot of children participated in the Family Y's summer program, and the full $10,000 from the City was not needed. He, therefore, presented Mayor Snyder with a refund check for the difference between the $10,000 and what they actually needed. He thanked the Mayor for the support of the City and stated that without this support, the Family Y could not have happened. REORGANIZATION OF CITY COUNCIL B. RESOLUTION NO. 84-150 - A RESOLUTION OF THE CITY ►:OUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 6, 1984, IN CONSOLIDATION WITH THE STATE-WIDE GENERAL ELECTION, AND DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Mrs. Gilligan stated that this resolution recited the facts of the General Municipal Election held on November 6, 1984, and declared the results as official. She stated the highlights of its content as follows: that 922 absentee ballots were cast, with 6,621 votes cast at polling places. This made for a total of 7,143 ballots cast in the City or 78.2% voter turnout. MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that Barrie J. Woods, Ray Ott, Keith Muir, Walter H. Snyder, Richard W. Kite, Sandy Baum, Jean M. Benson, and Bob Downs ran for the office of City Councilmember. — that Measure D, known as the Property Rights Initiative, and Measure E, known as the Palm Desert Zoning Proposition, were voted on. that Walter Snyder received a total of 3,515 votes and Jean Benson received a total of 2,458 votes, electing both to the two vacancies on the City Council, and that Barrie Woods received a total of 309 votes, Ray Ott 870 votes, Keith Muir 325 votes, Richard W. Kite 2,348 votes, Sandy Baum 579 votes, and Bob Downs 1,839 votes. that Measure D received 3,006 votes in favor of and 3,360 against, and Measure E received 3,895 votes in favor of and 2,747 votes against. Mrs. Gilligan further stated that other pertinent information such as votes by precinct were contained in Exhibit "A" attached to and made a part of the resolution. Upon motion by Puluqi, second by Kelly, Resolution No. 84-150 was adopted by unanimous vote of the Council. C. COMMENTS FROM OUTGOING COUNCILMAN. Councilman Puluqi congratulated the newly elected members of the Council and welcomed them. He stated that he had lived in many different countries but had come to feel that Palm Desert was his home town. He felt proud of the way our City has progressed in the years since he came and stated that even though he was moving to Washington, he would always regard Palm Desert as home. D. ADMINISTERING OF OATH OF OFFICE TO NEWLY ELECTED COUNCILMEMBERS. City Clerk Sheila Gilligan administered the Oath of Office to Jean M. Benson and Walter H. Snyder. E. SEATING OF AND COMMENTS FROM NEW COUNCILMEMBERS. The new Councilmembers were seated and presented with a Certificate of Election by Mrs. Gilligan. Councilmember Benson expressed her appreciation to the voters of Palm Desert who elected her to office and thanked them for the results of the two measures on the ballot. She stated that this proved that honesty and perserverance can win. Councilman Snyder thanked the voters who reelected him to the City Council. He stated he felt the present Council would be able to work just as well together as the past Council had in making Palm Desert a better place to live. E. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE. Mayor Snyder stated that before he declared the offices of Mayor and Mayor Pro-Tempore vacant, he felt that Resolution No. 84-41 should be rescinded, the resolution which stated that no one Councilmember could hold the office of Mayor or Mayor Pro-Tempore for more than one year. Councilman Wilson stated that he felt it took two years to accomplish the goals that one sets as Mayor and did not feel this resolution was f air. Mayor Pro-Tem Kelly asked the City Attorney if it was proper to take this kind of action at this time without advance notice to the public. -2- MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin responded that at a regular City Council meeting the Council may take up any item of City business that it wishes to as long as it does not legally require notice ahead of time. Mayor Pro-Tem Kelly stated he felt that this was a good resolution and should be kept in effect. He felt that it eliminated a lot of the potential problems in selecting a Mayor. He also pointed out that the resolution was passed by a 4-0-1 vote, with Councilman Wilson absent. Councilmember Jackson stated she also felt the resolution should not be rescinded and that it was the intent of the Council at the time this resolution was passed to avoid any unpleasantness at the time of the changeover of the Council. She felt that when people are elected to the Council to serve the City, they should have an equal opportunity to serve in the honorary position of Mayor and Mayor Pro-Tem. Councilman Wilson moved to rescind Resolution No. 84-41, and Councilmember Benson seconded the motion. Motion carried by a 3-2 vote with Councilmembers Jackson and Kelly voting NO for reasons stated. Mayor Snyder declared the offices of Mayor and Mayor Pro-Tempore vacant and asked the City Clerk to conduct the selection of said officers. A. SELECTION OF MAYOR Mrs. Gilligan reminded the Council that nominations did not require a second. She declared nominations open for the office of Mayor. Councilmember Jackson nominated Councilman Kelly for the Office of Mayor. Councilman Wilson nominated Councilman Snyder for the Office of Mayor. With no further nominations, Mrs. Gilligan delcared the nominations closed. Councilman Snyder was selected Mayor with three affirmative votes cast by Councilmembers Benson, Snyder and Wilson. B. SELECTION OF MAYOR PRO-TEMPORE Mrs. Gilligan declared the nominations open for the Office of Mayor Pro-Tempore. Councilman Snyder nominated Councilman Kelly for the Office of Mayor Pro-Tempore. With no further nominations offered, Mrs. Gilligan declared the nominations closed and entertained a motion that a unanimous vote be cast for Councilman Kelly. Councilman Wilson so moved, Mayor Snyder seconded, and motion carried unanimously. G. COMMENTS BY NEWLY SELECTED MAYOR AND MAYOR PRO- TEMPORE. Mayor Snyder thanked the Council for its support and stated his desire to proceed with the year's goals and objectives with a team effort. Mayor Pro-Tempore Kelly stated that by not "changing the guard" the City would save money because no new nametags would be needed. H. PRESENTATIONS BY NEWLY SEATED COUNCIL AND CITY STAFF. Mayor Snyder presented Councilman Puluqi with a plaque and praised him as an outstanding Councilman and a major force in bringing the City to where it is today. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of November 08, 1984. Rec: Approve as presented. -3- MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-045 and 85-051. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By DesertFalls Country Club for Desert Falls Country Club, 1111 Desert Falls Parkway, Palm Desert. Rec: Receive and file. D. APPLICATION • FOR ALCOHOLIC BEVERAGE LICENSE By Posh Pantry, Inc. fur Pos Pantry, 72-935 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Vicorp Restaurants, Inc. for Sambo's Restaurant, 73-075 Highway 111, Palm Desert, California. Rec: Receive and file. F. RESOLUTION NO. 84-151 - 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. G. SCHEDULE OF INVESTMENTS FOR THE CITY OF PALM DESERT as of October 31, 1984. Rec: Receive and file. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Construction of the Joshua Road Storm, Stage I (Contract 1080). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the construction of the Joshua Road storm drain improvements, Stage I. Mrs. Gilligan asked that the Council continue the November 8, 1984, Minutes to the meeting of December 13, 1984, as they were not yet completed. Upon motion by Kelly, second by Jackson, the Consent Calendar, with the exception of Item A, was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MRS. JANET ABRAMS, 143 W. Torremolinos, congratulated Jean Benson and Walter Snyder on their success at the polls. She stated that she was a resident of Palm Desert and had received notice that she lived in the area that was going to be annexed to Rancho Mirage. She presented a petition signed by 22 area residents calling for a freeze on development of the land parcels fronting on Parkview Drive until a traffic study is done on street intersections such as Monterey and Parkbiew, and Monterey and Fred Waring (attached hereto and made a part hereof as Exhibit "A"). Mr. Altman stated that the Public Works Department would look into this area and would bring it back to the next Council meeting of December 13, 1984, with a recommendation. VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF THE CONSTRUCTION OF 12 SINGLE -STORY CASITAS UNITS IN A PORTION OF A VACANT REAR SECTION AT THE GRANADA ROYALE HOTEL. -4- MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Diaz reviewed the staff report in detail, noting that when the Granada Royale was approved, part of the land was zoned PC-4 with the rest zoned PR-5. This meant that when the hotel was built, half of it was in the PC-4 zone, with the rest in the PR-5 zone. The project area, which was shown as vacant when the hotel was approved, was needed to justify the hotel in the PR-5 zoning. This change of zone would leave the tennis courts and vacant rear acreage in the PR-5 zone and place the entire hotel in the PC-4 zone, which would place the hotel density at 38.27 and allow up to 24 residential units behind the tennis court area. He noted that the Planning Commission had received one letter of opposition and some public testimony against the project from Hidden Palms residents who were concerned with noise from air conditioning units at the hotel, rubbish in the vacant area, and lowering of property values. The applicant had looked into the air conditioning system and the tower and had come up with a three -step plan to resolve that problem, as follows: 1. A two -speed motor would be installed to reduce the sound of the motor which brings in the air and disperses it. 2. Deflectors would be installed which would slow down the air as it comes in, and thus lessen the sound. 3. A wall would be installed around the existing air conditioning tower as a buffer. Mr. Diaz stated that this could be included as conditions of the development agreement. He also noted that a letter had been received from a Mr. Larson relative to recreational vehicles being parked in the area and that people were living in those vehicles; however, that claim had not been substantiated. If it was found to be a problem, then the City and the applicant could work together to resolve it. He further reported that the Planning Commission had passed this case to the Council without a recommendation on a 2-2-1 vote, with Commissioners Crites and Erwood voting NO and Commissioner Downs ABSTAINING, as there was some concern over the tract map density. It was Staff's recommendation that the Council pass Ordinance No. 406 to second reading and adopt Resolution No. 84-102 approving the plan for the additional 12 units. Mayor Snyder asked the applicant to address the Council. MR. BERNARD SOLOMON, 73-185 Irontree Drive, stated that there were some options that could be considered for this project area: 1. Increase the parking for the Granada Royale; 2. Convert the area to a barbeque area, for which they have had many requests from clubs and businesses; 3. Build the casitas type units. He stated that he felt that the casitas units would be an asset to the City and that these would be rented through the hotel, which would increase the bed tax to the City. He felt that the project made a lot of sense. As far as the air conditioning problems, he stated that a firm had been contacted for the deflectors to slow down the speed of the air coming in. Mayor Snyder invited input in FAVOR of this project, and none was offered. He invited input in OPPOSITION to this request. -5- MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. VIC EFFINGER, 539 Sorrento Court, stated that he was a resident of Hidden Palms and felt that in the past year, the property values had gone down. He felt that the air conditioning noise from the hotel was very disturbing as well as that from the tennis courts and P.A. system, plus the trash pickup at 5:00 a.m. He stated that he was not in favor of any additional construction in that area until the problems with the air conditioning, etc. are resolved. Councilmember Benson asked what the property had originally been planned for when the hotel was approved. Mr. Diaz responded that when the plan was originally approved, it was proposed that the area be used for casitas type development and that the PC-4 zone had limits as far as density was concerned. Councilmember Benson asked if these uni :s would be maintained and run by the hotel and if they were strictly rental units from the hotel. Mr. Diaz responded that they would be sold as condominium units. Mayor Snyder stated his feeling that a condition of approval of this development should be that the noise problem be resolved prior to issuance of the permit. Mayor Pro-Tem Kelly stated that since the Planning Commission Minutes were not included in the Staff report, he felt a decision should not be made at this time. He also noted that he would like to look at the area to see what is there. Councilman Wilson agreed and suggested it be done as part of a Study Session. He asked Mr. Solomon if a two -week delay would be a problem. Mr. Solomon stated that if this was going to be such a big problem, then he would prefer to just WITHDRAW his request. Mayor Snyder declared the public hearing closed and the matter withdrawn until further notification to the Council. Councilmember Benson asked if there needed to be a formal withdrawal of this request. Mr. Patterson stated that since the applicant stated his intent to withdraw the request during the Council meeting, it was considered a formal withdrawal. Upon motion by Wilson, second by Kelly, and unanimous vote of the Council, this matter was tabled. IX. RESOLUTIONS A. RESOLUTION NO. 84-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 84-136 AND AUTHORIZING THE FILING OF A CLAIM FOR CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 LOCAL ASSISTANCE GRANT FOR THE PURPOSE OF CONSTRUCTING A BOWLING GREEN FACILITY AT THE JOSLYN COVE COMMUNITIES SENIOR CENTER. Mr. Altman reported that at the November 8, 1984, meeting, Council directed Staff to proceed with assisting the seniors. This resolution was needed to file the claim for the grant, and Staff recommended approval. Upon motion by Wilson, second by Benson, Resolution No. 84-153 was adopted by unanimous vote of the Council. -6- MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. ORDINANCES For Introduction: A. ORDINANCE NO. 404 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTERS 5.84, 8.12, 8.15, 9.48, 9.68, 11.01, 11.04, 15.28, 18.04, 19.01 AND 21.04 SETTING FORTH THE PENALTY FOR VIOLATION OF SAID CHAPTERS. Mr. Altman reported that the Palm Desert Municipal Code did not provide for penalties for violation of certain chapters. Without being specific as to the penalty, the courts had difficulty in setting the bail schedule. This ordinance would correct the problem. Upon motion by Jackson, second by Kelly, Ordinance No. 404 was passed to second reading by unanimous vote of the Council. B. ORDINANCE NO. 405 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATING TO SPEED ZONES. Mr. Cablay reported that speed studies had recently been performed on the following streets: San Pascual Avenue/Rutledge Way between Portola Avenue and Fred Waring Drive; Portola Avenue between El Paseo and Haystack Road; and Grapevine Street between Portola Avenue and State Highway 74. A speed of 35 mph was warranted from the data collected and subsequent analysis of roadway conditions. Adoption of the recommended new speed zone on Grapevine Street would result in a 5 mph reduction over the current posted speed of 40 mph. Upon motion by Wilson, second by Jackson, Ordinance No. 405 was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 400 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.86.050 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO APPEAL OF DECISION OF PLANNING COMMISSION. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Kelly, second by Wilson, Ordinance No. 400 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 399 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING A ZONE FROM R-2 97) S.P. AND R-2 (7) TO OFFICE PROFESSIONAL FOR FIVE LOTS LOCATED AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND MONTEREY AVENUE. CASE NO. C/Z 84-13. Mr. Altman reported that no further input had been received since first reading of this ordinance and recommended adoption. Upon motion by Wilson, second by Kelly, Ordinance No. 399 was adopted by unanimous vote of the Council. C. ORDINANCE NO. 401 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE DESIGNATION AND PRESERVATION OF HISTORIC SITES, CREATING AN HISTORIC SITE PRESERVATION BOARD, REQUIRING CERTAIN CONSTRUCTION AND ALTERATION TO BE APPROVED BY THE HISTORIC SITE PRESERVATION BOARD, AND PROVIDING PENALTIES FOR VIOLATION. -7- MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reported that no further input had been received since this ordinance was introduced and recommended adoption. Upon motion by Wilson, second by Benson, Ordinance No. 401 was adopted by unanimous vote of the Council. D. ORDINANCE NO. 402 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.86 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO MASSAGE ESTABLISHMENT, BATH HOUSE, ESCORT BUREAU, AND !NTRODUCTOR Y SERVICE. Mr. Altman repurtad that this was discussed in Study Session. At that time, Mr. Wayne Ramsey of the Code Compliance Department, reported that there had been some amendments to this ordinance since introduction; therefore, this would have to be reintroduced. Mr. Patterson advised that the proper procedure would be to table Ordinance No. 402 and assign the amended Ordinance a new number. The amended one would be Ordinance No. 407 per Mrs. Gilligan. Upon motion by Jackson, second by Wilson, and unanimous vote of the Council, Ordinance No. 402 was tabled, and Ordinance No. 407 was passed to second reading. E. ORDINANCE NO. 403 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 10 OF THE CITY OF PALM DESERT CODE BY ADDING CHAPTER 10.92 RELATING TO INTERSTATE TRUCKS. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Kelly, second by Jackson, Ordinance No. 403 was adopted by unanimous vote of the Council. F. ORDINANCE NO. 397 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Kelly, second by Wilson, Ordinance No. 397 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None Xll. NEW BUSINESS A. REQUEST FROM CITY OF SIGNAL HILL FOR ADOPTION OF A RESOLUTION OPPOSING THE 1985 RATE INCREASE REQUEST SUBMITTED BY GENERAL TELEPHONE COMPANY OF CALIFORNIA TO THE PUBLIC UTILITIES COMMISSION. Mr. Altman reported that the appropriate thing to do in this case would be to invite the General Manager of General Telephone Company to come to the Study Session and make a presentation. He, therefore, recommended continuance of this item to the meeting of December 13, 1984. Upon motion by Wilson, second by Jackson, this matter was continued to the meeting of December 13, 1984, by a vote of 4-1, with Kelly ABSTAINING as he felt it might be considered a conflict of interest because he worked for and retired from the Telephone Company. -8- MINUTES _ ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-018 WITH JOHN F. OUTCAUL'f, A.I.A., r-OR ARCHITECTURAL, ENGINEERING, AND BUILDING CONSTRUCTION ADMINISTRATION SERVICES FOR THE PORTOLA STREET FIRE STATION. Mr. Altman reported that this was discussed in Study Session and that this was the first step in getting the Portola Street Fire Station going. Councilmember Wilson moved to, by Minute Motion, approve Agreement No. 00-018 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS A. RESOLUTION NO. 84-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 84-29 PROVIDING FOR MITIGATION OF LOCAL SCHOOL IMPACTION. (Continued from the meeting of November 8, 1984.) Mr. Altman reported that it was Staff's recommendation that this resolution be withdrawn since the City had received a letter from Ken Meberg, Superintendent of Schools. This letter indicated that the Indio City Council had taken action on this issue and that the School Board unanimously supports the concept of "those funds raised outside Indio go to projects outside Indio, those funds raised in Indio go to projects in Indio". The letter also indicated that this concept would be followed both in the collection of funds and disbursement of same. Mr. Altman stated that a letter would be sent to the School District indicating our City's understanding of the letter. He further noted that in the packets was a draft of a Hold Harmless Agreement between the City of Palm Desert and the Desert Sands School District relative to litigation brought against the City. He recommended the Council authorize the Mayor to execute said Hold Harmless Agreement. Upon motion by Wilson, second by Benson, and unanimous vote of the Council, Resolution No. 84-148 was withdrawn and the Mayor was authorized to execute a Hold Harmless Agreement between the City of Palm Desert and the Desert Sands School District. XIV. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF AWARD OF CONTRACT AND GUARANTEE OF PAYMENT FOR PROPOSED NORTH SPHERE ASSESSMENT DISTRICT 84-1. Mr. Altman reported that since no funds were currently available to pay for the engineering services for this assessment district, Staff had negotiated with Sanborn/Webb and a number of property owners within the proposed boundaries to arrange a financing agreement for the engineering services. The engineer would obtain a loan to cover the $300,000 preconstruction engineering costs, contingent upon receiving guarantees of $200,000 payment from the property owners and $100,000 payment from the City in the event the assessment district is not confirmed. Upon confirmation of the assessment distric,_ and sale of the bond issue, funds would be available to pay the $300,000 preconstruction engineering costs plus an additional $125,000 construction engineering costs. Staff recommended awarding the contract for engineering services for the assessment district to Sanborn/Webb in the amount of $425,000 and also recommended authorizing the Mayor to sign a guarantee of payment of $100,000 to Sanborn/Webb in the event the district is not confirmed. Councilmember Jackson moved to, by Minute Motion, authorize the Mayor to sign a guarantee of payment of $100,000 for engineering services to Sanborn/Webb in the event that the assessment district is not confirmed. Motion was seconded by Wilson and carried by unanimous vote of the Council. -9- MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Jackson moved to, by Minute Motion, award the contract for engineerin services for the proposed assessment district to Sanborn/Webb, Inc., in the amount of g$425,000. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. REQUEST FOR AWARD OF CONTRACT FOR MAGNESIA FALLS STREET IMPROVEMENTS (CONTRACT 1059). Mr. Altman reported that this was discussed in Study Session. It was Staff's i eeommendation that the Council award Contract 1059 to Massey Sand & Rock Company in the amount of $179,680.24. Funding for this street improvement is available in the Capital Improvements Budget. Mayor Pro-Tem Kelly moved to, by Minute Motion, award Contract No. 1059 to Massey Sand & Rock Company, low bidder, in the amount of $179,680.24. Motion was seconded by Jackson and carried by unanimous vote of the Council. C. REQUEST FOR AWARD OF CONTRACT FOR PORTOLA CULVERT (Contract No. 1073). Mr. Altman reported that this was discussed in Study Session. An unencumbered balance of $463,250 was in account 04-4413-000 for this project. While this was sufficient to cover the bid amount ($458,000 by J.D. Stine), an additional appropriation would be needed to allow for a ten percent contingency for the project. The entire project encumbrance (with contingency) will be $503,800; therefore, an additional $41,000 appropriation would be required. Councilman Wilson moved to, by Minute Motion, award Contract No. 1073 to the low bidder, J.D. Stine, in the amount of $458,000 and appropriate an additional $41,000 from the drainage reserves for a ten percent contingency. Motion was seconded by Benson and carried by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-017 FOR PERSONNEL CLASSIFICATION STUDY. Mr. Altman reported that this was discussed in Study Session and that it was Staff's recommendation that the Council approve an agreement with the firm of Nash and Company, Inc. to perform the Personnel and Classification Study. He also noted that the budgeted amount for this study was $19,750.00. Mayor Pro-Tem Kelly stated that he represented the Council on the Selection Committee and felt that this firm would do the very best job possible for the City. Mayor Pro-Tem Kelly moved to, by Minute Motion, approve Agreement No. 00-017 and authorize the Mayor to execute same. Motion was seconded by Wilson and carried by unanimous vote of the Council. E. REQUEST FOR ALLOCATION OF FUNDS IN THE AMOUNT OF $1,500.00 TO JOIN CALIFORNIA/ARIZONA/NEVADA INNOVATION GROUP. Mr. Altman reported that this had been discussed in Study Session, with the recommendation that the Council continue it to the meeting of December 13, 1984, in order to give Staff more time to gather additional information about this group. Upon motion by Wilson, second by Jackson, this matter was continued to the meeting of December 13, 1984, by unanimous vote of the Council. XV. ORAL COMMUNICATIONS - B MR. JOE BLAKE, 73-580 DeAnza Way, addressed the Council and asked when the remaining utility poles on Portola Avenue between Highway 111 and Fred Waring Drive would be removed. -10- MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder responded that Staff would look into this matter and make a report to the Council at the next meeting. MR. JOE REINO, Masson Street, asked why Cook Street and Monterey Avenue had received priority in having bridges put in when Portola, which had a school and major mobile home parks, did not receive the same priority. Mayor Snyder responded that Monterey was approved because Rancho Mirage had agreed to participate with half of the funding. Also, Monterey is a street that is planned to be extended to Interstate 10 and is a major traffic carrier. He stated that Staff is looking into Cook Street, but no funds were currently budgeted for a bridge. As far as Portola, the proposed structure would handle much larger amounts of water and still be passable. The cost for this structure is less than $500,000, where a bridge would cost approximately $3.5 million. MR. TIM JOHNSON, 43-101 Portola, addressed the Council with a concern about the speed on Portola. He felt that raising the speed limit would encourage people to drive even faster, and this would only make the situation worse. Mayor Snyder responded that the normal traffic studies would be done and the proper speed zones posted. Councilmember Benson stated that the traffic would be especially watched in that area, as there is an elementary school. XVI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Wilson stated that relative to the selection of Mayor and Mayor Pro-Tempore each year, he understood that the intent of the resolution which was rescinded at this meeting was to take away the annual hassle of picking a Mayor and Mayor Pro - Tern. Three of the nine cities in the Valley have allowed the voters to select the Mayor, and he suggested that the Council direct the City Attorney to come up with the proposed wording for putting the issue before the voters in the 1986 election. Councilmember Benson stated that she supported this action and felt that it was very difficult for the Council members to decide on a Mayor among themselves. Mayor Snyder stated that he was also in support of this. Mr. Altman stated that he saw no problem with a directly elected Mayor; however, he suggested a four-year term instead of a two-year term so that the majority of the Council would not be up for reelection every two years. Mayor Pro-Tem Kelly stated his feeling that this should be considered very carefully prior to making a decision. Councilman Wilson suggested that Staff be directed to study the pros and cons of a directly elected Mayor and report back to the Council at the next meeting. Councilmember Jackson stated that in addition to Councilman Wilson's suggestion, she would like to see the comments from cities that have taken this action in the past and see what the resultant action on 'tile cities was. MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Wilson, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 9:05 p.m. to Closed Session immediately following the Redevelopment Agency meeting for the purpose of discussing pending litigation. He reconvened the meeting at 9:30 p.m. and immediately adjourned the City Council meeting with no action taken or announced. ATTEST: HEILA R. GIL'LIGAN Y CLERK CITY OF PALM DESE , CALIFORNIA ____14ad-- WAL 4H:SNYbER, MAYS . -12- MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 29, 1984 * * * * * * * * * * * * * * * * * * * * -w * * * * * * * * * * * * EXHIBIT "A" NOVEMBER 27, 1984 TO;RANCHO MIRAGE/PALM DESERT CITY COUNCI_LS„ PLANNINGCOMMISSIONS_ANDLSTAFF_ FROM: AREA RESIDENTS IN BOTH CITIES RE: INTENSIFICATION OF POPULATION AND TRAFFIC PROBLEMS IN VICINITY OF PALM DESERT TOWN CENTER, QUAIL PLACE/COLLEGE OF THE DESERT, SPECIFICALLY PARK - VIEW DRIVE LAND USE STUDY IN RANCHO MIRAGE, RANCHO MIRAGE/PALM DESERT CITY COUNCILS: WE ASK THAT A FREEZE BE PUT ON DEVELOPMENT OF THE LAND PARCELS FRONTING ON PARKVIEW DRIVE UNTIL A TRAFFIC STUDY IS DONE ON STREET INTERSECTIONS SUCH AS MONTEREY AND PARKVIEW;AND MONTEREY AND FRED WARING,BUT NOT LIMITED TO THESE INTERSECTIONS. PLEASE WORK TOGETHER/AS BOTH OF YOUR CITIES BORDER OUR RES- IDENTIAL NEIGHBORHOOD. WE ARE CONCERNED THAT PARKVIEW DRIVE CANNOT HANDLE TRAFFIC IF PROPERTY IS BUILT OUT TO EXISTING LANDUSE DENSITY. ONE END OF PARKVIEW IS A STORM DRAIN CHANNEL AND ONLY 1 MILE AWAY IS THE ENTRANCE TO COLLEGE OF THE DESERT ON THE SAME STREET, PARKVIEW! THAT 1 MILE STRETCH HAS SOME HIGH DENSITY UNDEVELOPED PROPERTY. WE ASK YOU TO DO A FULL SCALE ENVIRON- MENTAL IMPACT STUDY ON THIS AREA SO THAT WE AND FUTURE GENERATIONS ARE NOT GRAVELY IMPACTED BY INTOLERABLE TRAFFIC AND AIR POLLUTION,+ DRAIN ON OUR UTILITIES AND PUBLIC SERVICES. WE ARE ALSO CONCERNED ABOUT LOUD NOISE LEVELS AND INCREASED CRIME, TWO THINGS THAT USUALLY OCCUR WITH POPULATION INTENSIFICATION IN ONE SMALL AREA. OVER 600 PETITIONS ARE AT RANCHO MIRAGE CITY HALL ASKING FOR A FULL SCALE ENVIRONMENTAL IMPACT REPORT FOCUSED ON THIS POPULATION IMPACTED AREA. ,WE HOPE THIS STUDY WOULD SHOW GOOD REASON TO LOWER THE LANDUSE DENSITY, AS OUR RANCHO MIRAGE PLANNING STAFF HAS RECOMMENDED IN THEIR REPORT OF 10-25-84. WE ASK THAT BOTH CITIES WORK TOGETHER SO THAT DEVELOPMENT ON IT'S PERIMETERS REMAINS CONSISTANT WITH SURROUNDING DEVELOPMENT AND IS FOR THE GOOD OF THE NEIGHBORHOOD RESIDENTS. WE ALSO ASK THAT A FREEZE BE PUT ON PROPERTY THAT FRONTS ON PARKVIEW DRIVE UNTIL THE EFFECTS OF QUAILPLACE CAN BE ANALYZED/AND THE TRAFFIC AND OTHER ENVIRONMENTAL CONCERNS CAN BE ADDRESSED BY PROFESSIONALS. 3. 4. 5. 6. 7. 8. 9 :'&4,, 10 11. 12 13. 14. A 15. 77/ .16. °' 17. 18. 19. 20 21. 22. THANK YOU, AREA RESIDENTS IN PALM DESERT AND RANCHO MIRAGE, //0 3 cv Ce e4 t.&!$3 ,U ,y, go- zTo' 2. /83WrokRc mciado.6 +N4 No iHf :E //,, ifigi464'ell" . 7G /79 7-04eEmo�•,✓o s /,,/cao (1:z.2 7o c s s a► ..%vw, � -Ra'r�.ci�.c Ylw z z 7 a �,Q p- i 37 S Tc�o S i'aC r, , .%� 9 acv /43 aJa-fi.Lixolc rx. ...th,G 4,1;?-6P 7 ,.a°(4'R .A3- lg 9.2,17' 75 9 .4 3 3 >2e,M� v-LA- 97 p/o N v.9 4-ttar 7 y gyp_ /2 3 CU. / .5-0674 ? .-3 r /areas libe4, ii.toisenteAleif 9-1 , 62 7-i7o ^�l 2L i Cam. wz7 144-4 Ta ���c.c, yrGo qz z2 -13-