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HomeMy WebLinkAbout1985-04-11MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 11, 1985 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly III. INVOCATION - Father Ned Reidy, Sacred Heart Church IV. ROLL CALL Present: Absent: Councilmember Jean M. Benson Mayor Pro-Tempore Richard S. Kelly Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Councilmember Phyllis Jackson 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 Ramon A. Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION OF WEEK OF APRIL 15, 1985, AS EARTHQUAKE PREPAREDNESS WEEK. Mayor Snyder read the Proclamation and noted it would be presented to Chief Eric Vogt who was unable to attend the meeting. VI. CONSENT CALENDAR A. MINUTES of the Special Meeting of March 7, 1985, and the Regular City Council Meeting of March 28, 1985. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-092 and 85-094. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by TOSA, Inc. for The 40's Today, 72-900 El Paseo, Palm Desert, California. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING APRIL 11, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. EMPLOYEE STATEMENTS OF ECONOMIC INTEREST Report. Rec: Receive and file. E. CLAIM AGAINST THE CITY by Dame' Construction Company, Inc. in an Amount To Exceed The Sum of $199,883.21 for Alleged Damages. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. F. CLAIM AGAINST THE CITY by Northbrook Property and Casualty for Gerard Metal in the Amount of $792.71. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. G. REQUEST FOR AUTHORIZATION to Call for Bids for the Construction of the Highway 111 Superblocks. Rec: Approve the request and direct the City Clerk to call for bids for said construction. H. REQUEST FOR AUTHORIZATION to Install a Multi -Way Stop at the Intersection of El Paseo and Plaza Way. Rec: By Minute Motion, authorize the installation of a multi -way stop at the subject intersection. I. REQUEST FOR AUTHORIZATION for Installation of Multi -Way Stops at the Intersections of El Paseo/Larkspur and El Paseo/Lupine Lane. Rec: By Minute Motion, authorize the installation of four-way stops at the subject intersections. J. REQUEST FOR AUTHORIZATION for Installation of a Multi -Way Stop at the Intersection of Country Club Drive and Portola Avenue. Rec: By Minute Motion, conditionally authorize the installation of a four-way stop at the intersection of Country Club Drive and Portola Avenue with the condition that design work for a traffic signal at this intersection be underway before installation of the four-way stop is performed. At the request of staff, Council agreed to hold Item "3" for discussion under Section XI, Consent Items Held Over, of the Agenda. Upon motion by Kelly, second by Benson, the Consent Calendar was approved as presented with the exception of Item "J" by unanimous vote of the Councilmembers present. VII. ORAL COMMUNICATIONS - A MR. ART MOSS, 54 Sebastian Drive, Rancho Mirage, addressed Council as the owner of the property and commercial project located at the southeast corner of Fred Waring Drive and Monterey Avenue. He requested Council's consideration of an amendment to the Building Code which would allow property owners who did not hold a State Contractors License to take out permits for construction of commercial projects. The Code currently permits only those constructing a residence in which they will live the ability to construct it as owner/builder and without a State Contractors License. Mr. Moss advised that he had been forced to pay someone a large sum of money to use his license. Mayor Snyder suggested that the City Manager and appropriate staff sit down with Mr. Moss to review the feasibility of such an amendment so that a report and recommendation could then be made to the City Council, and Council concurred. MS. PATRICIA MARTIN, Valley Palms Estate, Palm Desert, addressed Council with the recommendation that police cars be provided with gate cards for -2- MINUTES REGULAR CITY COUNCIL MEETING APRIL 11, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * entry into gated developments in emergency situations. She advised that she lived in such a development, had had a prowler, and that the police responding to her call had difficulty getting to her home. Mayor Snyder advised that the Public Safety Commission was already working on this and in fact the police did have cards for many gated communities. VIII. PUBLIC HEARINGS A. CONSIDERATION OF REQUESTS FOR USE OF 1985/86 COMMUNITY DEVELOPMENT BLOCK GRANT MONIES. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Ortega reported that the City's entitlement under this program was $75,000. Other monies were available on a County -wide competitive basis as well, and the City would be making application and competing for these other funds throughout the next fiscal year. He noted that the purpose of the hearing was to receive public recommendation for the use of this entitlement and for the Council to instruct staff to submit an application for the use. He concluded by recommending that the City submit an application for use of the money for the San Pablo Park. Mayor Snyder invited public input, and none was offered. He declared the Public Hearing closed. Councilman Wilson moved to direct staff to submit an application for $75,000 under the Community Block Grant Fund to be used for the San Pablo Park. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmembers present. IX. RESOLUTIONS A. RESOLUTION NO. 85-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE PORTIONS OF RIGHT-OF-WAY KNOWN AS DEEP CANYON ROAD UNDER THE PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OBJECTING TO PROPOSED VACATION. Upon motion by Wilson, second by Kelly, Resolution No. 85-28 was adopted by unanimous vote of the Councilmembers present. B. RESOLUTION NO. 85-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 84-99, BY ADDING A NEW CLASSIFICATION TO THE TABLE OF AUTHORIZED EMPLOYEE POSITIONS. Mr. Altman reported that this had been discussed in Study Session. The resolution would delete the position of Engineering Technician from the budget and add Senior Engineering Aid to not only the budget but the Table of Authorized Employees. Upon motion by Kelly, second by Benson, Resolution No. 85-29 was adopted by unanimous vote of the Councilmembers present. X. ORDINANCES For Introduction: None -3- MINUTES REGULAR CITY COUNCIL MEETING APRIL 11, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 425 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM C-1 (GENERAL COMMERCIAL DISTRICT) TO HPR (HILLSIDE PLANNED RESIDENTIAL) ON 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. CASE NO. C/Z 85-1. Mr. Altman reported that no input had been received since the first reading of the ordinance. Upon motion by Kelly, second by Wilson, Ordinance No. 425 was adopted by a 3-1-1 vote with Councilmember Benson voting NO and Councilmember Jackson ABSENT. XI. CONSENT ITEMS HELD OVER J. REQUEST FOR AUTHORIZATION for Installation of a Multi -Way Stop at the Intersection of Country Club Drive and Portola Avenue. Mr. Altman reported that Supervisor Larson and her staff had been successful in getting a commitment from the County of Riverside for its 25% share of signalization costs for this intersection. He recommended Council direct staff to proceed with the signal engineering and approve a change order on an existing engineering contract for this work. He advised that the County had requested its Transportation Committee be allowed an opportunity to review and approve the installation of a four-way stop at this corner but that the Committee would not be meeting until May. Councilman Kelly moved to approve a change order to the Basmaciyan- Darnell, Inc. engineering contract in the amount of $5,347 plus 10% contingency for signal design of the Portola Avenue/Country Club Drive intersection. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. Councilman Kelly moved to, by Minute Motion, conditionally authorize the installation of a four-way stop at the intersection of Country Club Drive and Portola Avenue with the condition that design work for a traffic signal at this intersection be underway before installation of the four-way stop is performed and pending approval of the Riverside County Transportation Committee. Mayor Snyder seconded the motion. Motion carried by unanimous vote of the Councilmembers present. XII. NEW BUSINESS A. REQUEST FOR REFUND BY NATIONAL MORTGAGE AND LAND COMPANY IN THE AMOUNT OF $19,714.81. Councilman Wilson moved to, by Minute Motion, approve the request and authorize a refund from prior year's revenues in the amount of $19,714.81. Councilmember Benson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. B. REQUEST FOR ASSISTANCE FROM THE FAMILY Y OF THE DESERT/PALM DESERT YOUTH CENTER PLAY PROGRAM. Mr. Altman recommended approval of this request with additional direction to staff to work with the C.V. Recreation and Park District to come up with some money to assist in the funding of this PLAY Program and to the Family Y/Youth Center to charge a higher registration fee to non -Palm Desert youth. Councilmember Benson moved to, by Minute Motion, approve the request and authorize the payment of $15,000 with additional direction to Staff and the Family Y/Youth Center as outlined by the City Manager. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmembers present. -4- MINUTES REGULAR CITY COUNCIL MEETING APRIL 11, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. CONTINUED BUSINESS A. CONSIDERATION OF A REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN, TENTATIVE TRACT MAP, AND DEVELOPMENT AGREEMENT TO ALLOW CONSTRUCTION OF 26 CONDOMINIUM UNITS ON 3.2 ACRES WITH THE R-2 (7) S.P. AND PR-7 ZONES (INCLUDING A 25% DENSITY BONUS FOR MODERATE INCOME HOUSING) LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE. CHARLES MARTIN AND ROBERT L. WARD, APPLICANTS. CASE NO. PP 84-24A. (Continued from the meeting of March 14, 1985.) Upon question by Councilman Wilson, Mr. Diaz responded that the requirement for single story and for covered garages was included in the Conditions of Approval which had been inadvertently omitted from Council's packet. Mr. Erwin advised that if approved, the Mayor could assure the inclusion of these conditions before signing the documents. Councilman Kelly moved to waive further reading and adopt Resolution No. 85-5 amended to include requirements for single -story structures and for covered garages and to waive further reading and pass Ordinance No. 414 to second reading. Mayor Snyder seconded the motion. Councilman Wilson advised that he would abstain from voting to allow passage of the motion, not because he supported the motion but because at the meeting two weeks ago, the majority of the City Council did direct staff to come back with their approval in the form of a resolution and ordinance. He stated he still strongly objected to the price of the units as being for moderate income families. Mayor Snyder stated he felt this was a bad project but the best we would wind up with. He felt it gave some type of protection to the neighbors' concerns. Mayor Snyder called for the vote. The motion was defeated by a 2-1-1 vote with Councilmember Benson voting NO, Councilman Wilson ABSTAINING, and Councilmember Jackson ABSENT with City Attorney Dave Erwin advising that an ordinance requires 3 affirmative votes to pass. Councilman Wilson moved to reconsider Ordinance No. 414, and Councilman Kelly seconded the motion. The motion carried by unanimous vote, and Mayor Snyder called for reconsideration. Councilman Kelly moved to approve the findings and adopt Resolution No. 85- 5, approving PP 84-24A and TT 20199 and a Negative Declaration of Environmental Impact subject to conditions to include a requirement that the project be single -story and that the garages be covered. Mayor Snyder seconded the motion. Motion carried by a 2- 2-1 vote with Councilmembers Benson and Wilson voting NO and Councilmember Jackson ABSENT. Councilman Kelly moved to waive further reading and pass Ordinance No. 414 to second reading. Mayor Snyder seconded the motion. Councilman Wilson stated he would vote in favor of the Council majority vote of two weeks prior but would vote against it when it came back to the Council for second reading. Mayor Snyder called for the vote. The motion carried by a 3-1-1 vote with Councilmember Benson voting NO and Councilmember Jackson ABSENT. XIV. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE INSTALLATION OF TRAFFIC SIGNALS AT FRED WARING DRIVE/SAN PABLO AVENUE AND MONTEREY AVENUE/PARKVIEW DRIVE (CONTRACT 1089). Councilman Kelly moved to, by Minute Motion, award Contract No. 1089 to Paul Gardner Corporation in the amount of $159,973 and authorize a ten percent contingency for the contract in the amount of $15,997. Councilmember Benson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. -5- MINUTES REGULAR CITY COUNCIL MEETING APRIL 11, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR AWARD OF CONTRACT FOR TRAFFIC SIGNAL MODIFICATIONS AT FRED WARING DRIVE AND PORTOLA AVENUE (CONTRACT 1088). Councilman Kelly moved to, by Minute Motion, award Contrct 1088 to Paul Gardner Corporation in the amount of $87,978 and authorize a ten percent contingency reserve in the amount of $8,798. Councilmember Benson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. C. CONSIDERATION OF A REQUEST BY ROBERTSON HOMES FOR REVENUE BOND FINANCING. Mr. Diaz stated that this was a low -risk action and that if Council chose to support it, the next steps to be taken were as outlined in his memo. MR. HARDY STROEGER, Robertson Homes, addressed Council stating they were one of the top ten multi -family developers. He said they developed and managed their own projects. They would not ask for a density bonus but needed the bond financing to obtain better interest rates for their construction. In exchange, they would provide 20% of their units at affordable rents and provide the tenants with more amenities. Councilman Kelly asked if the City assumed any kind of financial risk by doing this, and Dave Erwin responded "none." Councilman Kelly stated that the better amenities was just as much incentive as the affordable units. Councilman Kelly moved to instruct staff to prepare an inducement resolution for adoption by Council at its next meeting. Councilman Wilson seconded the motion. Motion carried by a 4-0 vote. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER N one B. CITY ATTORNEY N one C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson stated he felt that the Council should discuss some budget direction philosophy for staff to take to its retreat the next week. He did not want staff to go without a direction on policy guidance as they had the previous year. Mayor Snyder stated he was exceedingly proud of staff as a team that worked together and brought about a well-done program for the City and said he had great confidence in staff to continue this type of work. He stated that the City is looking at a situation where all governmental agencies are going to have severe cutbacks. Our retirement and resort area will feel these cutbacks, and he hoped that as staff met and discussed what will be going on in the coming year, that they would recognize that the building fees were going to be reduced by a great percentage and the City might be looking at reductions. He said he had great fears of the City being too grandiose and felt staff needed to look at the real world and come in with a budget that would reflect what we think will happen next fiscal year. Councilman Kelly sated he had no doubt that the economy will be slowing down. However, he felt that while we have the revenue, we needed to keep working on improvements of streets and roads, specifically main arteries. In making the budget, staff should make sure -- -6- MINUTES REGULAR CITY COUNCIL MEETING APRIL 11, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that when the City spends money, it provides services to constituents as they are the ones paying the taxes. He said there are a few areas where we have to be careful that we do not cut such as maintenance and upkeep on projects that have been built so that deterioration does not occur. Councilmember Benson stated that the City is in an enviable position in relation to other cities who see us as "sitting pretty." The City has been very cautious since the beginning, and we would not have what we have today if the original City Councils had not held back on certain funds. She felt money should be spent on what will benefit the constituents. Councilman Wilson agreed with all comments made. He said the City should continue to improve streets and traffic flow. He stated a conservative concern having worked with governmental agencies. He had seen in good times, government spends to take care of the cash flow so that when the good times roll in, the good services roll out and then the push comes. Government is then in a position where they could not maintain the level of service because the funds were no longer available. He said that he had talked with many different cities of all sizes which had learned that when all of a sudden development and growth declined, many of them were faced with troubled times. He suggested for a budget philosophy that staff consider looking at it from a fiscally conservative point of view. Tell the Council that "this is what we can do with what we have." Mr. Altman stated that staff would submit the budget as they see it. He said he had never submitted a deficit budget and that staff would consider recurring and nonrecurring revenues in establishing the budget. XVII. ADJOURNMENT Upon motion by Kelly, second by Wilson, and unanimous vote of the Councilmembers present, Mayor Snyder adjourned the meeting at 8:34 p.m. ATTEST: 1�z ei/ SHEILA R. GILL AN, CITY OVERK CITY OF PAL DESERT, CALIFORNIA WALTER H. SNYDER, MAYOR -7-