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HomeMy WebLinkAbout1985-08-08MINUTES REGULAR CiTY COUNCIL MEETING THURSDAY, AUGUST 8, 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 INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Jean Benson Mayor Pro-Tem Richard Kelly Councilmember S. Roy Wilson Mayor Walter H. Snyder Also Present: Councilmember Phyllis Jackson Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manger Jeff Patterson, Deputy City Attorney Sheila R. Gilligan, City Clerk Richard Folkers, Director of Public Works Paul Gibson, Accounting Supervisor Ramon A. Diaz, Director of Environmental Services Frank Allen, Director of Code Compliance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF PLANNING COMMISSIONER to Fill Expired Term of Commissioner Buford Crites. Mayor Snyder stated that Commissioners are allowed to serve for two four-year terms per the ordinance. He noted that Commissioner Crites had served one term and was willing to continue his service on the Planning Commission. Councilman Wilson commended Mr. Crites for the outstanding job he has done on the Planning Commission. Upon motion by Wilson, second by Benson, and unanimous vote of the Councilmembers present, Mr. Buford Crites was reappointed to the Planning Commission for a second four-year term. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of July 25, 1985. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING AUGUST 8, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-012, 86-016, and 86-017. Rec: Approve as presented. C. CLAIM AGAINST THE CITY by E.L. Yeager Construction for Indemnification in the Amount of $1,000,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. D. CLAIM AGAINST THE CITY by Safeco Insurance Company on Behalf of its Insured, Susan Geary, in the Amount of $2,929.26 for Alleged Damages Incurred in an Accident at Monterey Avenue and San Gorgonio. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. E. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT for the Month of June, 1985. Rec: Receive and file. F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1057 - Palm Desert Town Center Fire Station. Rec: By Minute Motion, accept the work for Contract 1057 as complete and authorize the City Clerk to file a Notice of Completion. G. REQUEST FOR CONSIDERATION of Five -Year Extension of the General Services Agreement with County of Riverside dated March 1, 1980. Rec: Waive further reading and adopt Resolution No. 85-75, requesting the extension of the General Services Agreement with the County of Riverside. H. REQUEST FOR APPROVAL of Refund for Over -Payment of Plan Check Fees for the Vacation Inn. Rec: By Minute Motion, approve the request and authorize the refund of $17,978.62 to Vacation Inn. Upon motion by Kelly, second by Wilson, the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LOT ABATEMENT CHARGES. Mayor Snyder declared the public hearing open and asked for staff's report. 2 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 8, 1985 . . . . . * . . . . . . . . . . . . . . . . . * • Mr. Allen reviewed the Staff Report, noting that several of the property owners had paid the costs for abatement prior to the public hearing. These per parcel assessments were for lots deemed fire hazards by the Fire Marshal. He recommended that Resolution No. 85-76 be adopted, confirming these assessments. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilmember Benson moved to waive further reading and adopt Resolution No. 85-76 confirming per parcel assessments for lot abatement charges. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. 8. REQUEST FOR CONSIDERATION OF ENGINEER'S REPORT AND CONFIRMATION OF ASSESSMENT DISTRICT NO. 83-1. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman reported that this had been discussed at length in Study Session. Mr. Folkers stated that Mr. Joe Kicak, Engineer for this project, had met with citizens on three ocassions to discuss any concerns. Mr. Mac Brown, Special Counsel for the project, stated that there were actually three public hearings for consideration at this time: two related to proceeding with the assessment district itself, while the third was for. eminent domain proceedings. It was staff's recommen- dation that the public hearing on eminent domain be continued until September 12, 1985. to allow for proper notification of those property owners who might be affected by eminent domain. He added that all property owners had been notified as to estimated individual assessments and that it was recommended that all assess- ments be reduced. He also noted that seven resolutions had been prepared which ordered the work and confirmed the assessments but that Council had the option at any time to continue the public hearing. Mr. Joe Kicak stated that maps were posted in the Chamber showing the area of work which was subdivided into seven different schedules, each bid as a single contrat with all the work to be done by a single contractor. Some of the work to be done would be: 1) construction of curbs and gutters; 2) removal and replacement of driveways not meeting the grade; and 3) relocation of facilities that would interfere with the progress of the work. Bids were opened on July 25, 1985, with the following results: 1) Massey Sand & Rock - $5,258,204.17; 2) Matich - $5.3+ million; and 3) Yeager Construction - over $6 million. Based on the bids received and the actual bid items in the schedules, the City's portion would be approximately $3.92 million. Approximately $2.9 million would be assessed to the property owners, with individual assess- ments based on the benefit to each owner and the amount of work involved on each piece of property. He added that in many cases the assessments for two properties 3 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 8, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • with the same footage, side by side, could be considerably different, primarily because of the individual work that needs to be done. He stated that he had met over 100 property owners during the three meetings to explain the assessments; many times he went out to their properties with them. Most of these people ended up satisfied with the explanations. The total percentage of protests received in writing up to this time for the entire project area was 4.32%; however, additional protests had been received just prior to this meeting, which he still needed to tabulate. Mr. Brown stated that this would conclude the staff report and asked anyone speaking in protest to state their name and parcel number if they had not already filled out a form or sent a letter. Mayor Snyder invited input in OPPOSITION to this assessment district, and the following spoke: MR. MASON DURICK of Casa Larrea Motel on Larrea Street, asked why the work was being planned to take place during the season, when he felt either before December 15 or after May 31 would be a better time frame. Mayor Snyder responded that the Council was fully aware of the problems and that meetings with the motel people would be held to determmine the best times to do the work in their areas. MR. AL TIMOTHY, 74-201 Chicory Street, stated he did not feel improvements were necessary in his area. He also asked why 8" curbs were planned when 6" curbs would be sufficient. Mr. Kicak responded that staff felt uniformity should be maintained as much as possible throughout the district, and the cost of 8" curbs was the same as that for 6" curbs in this contract. However, he stated he agreed that an 8" face may impact the smaller cars depending on the cross slope and that the slope of the pavement would be maintained, which should alleviate this problem. Mayor Snyder invited input in FAVOR of this project. MS. MARY JANE BEAN„ 73-901 Shadow Lake, stated she was definitely in favor of this project but felt that $4,700 for one house was too much to pay. Mr. Kicak responded that he would meet with her to explain how her assessment figure was determined. MS. BEA STEWART, 44-476 San Rafael, spoke in favor but asked how the payments would be handled. Mayor Snyder responded that property owners would be given the choice of paying the entire amount immediately or having it put on their tax bills. He added that Mr. Kicak would explain it in more detail further on in the meeting. MR. HAROLD BIRD, 47-967 Sun Corral, stated he felt the benefits far outweighed the costs and the sooner the curbs were in the better for everyone. 4 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 8, 1985 Mayor Snyder stated that the Council was concerned with the costs and felt this project would enhance property values considerably. He added that the project came about because of petitions received by the City from concerned citizens. MR. DAVE STARROD, 43-620 Carmel Circle, was concerned with many houses on his street being lower than street level and asked if this problem would be rectified at the same time the curbs and gutters were constructed. Mayor Snyder responded that the engineer would be in touch with Mr. Starrod to discuss this matter. MS. ROSE WACHTER of Buckboard Trail, stated that the assessment amount for her property was considerably higher than she was originally told and asked for a breakdown on how the figure was determined, especially the $100 charge to move her mailbox. She also questioned the City's payment of its portion of the district and asked where this money was coming from. Councilman Wilson stated that most of the City's revenues comes from sales tax. Ms. Wachter asked how much the reserve fund was that she had heard about. Mr. Mac Brown explained that the reserve fund is set at 5% of the amount of the bonds that will be issued and, therefore, the assessments are increased by 5%. This fund would be used to cover delinquencies in payments. He added that if the Council proceeded with this project, the property owners would have 30 days from this date to pay their assessment in full, less a 7% credit. This would reduce the amount to go to bond. If the property owner did not want to pay the amount in full, the first payment would appear on the December, 1986, tax roll. As far as the charge for moving the mailbox, he stated that property owners would be given a credit for doing some of their own work and that Mr. Kicak would discuss this with those owners affected. Mayor Snyder invited anyone who needed further information to come to the Civic Center and speak to the engineer. MR. SANDY BAUM, 45-800 Deep Canyon, stated that he was wholeheartedly in favor of this district and that he felt it was high time that curbs and gutters were constructed in these areas. MR. DAN HOYER, 44-505 San Carlos, stated he was in favor of the installation of curbs and gutters and asked whether sidewalks would be added at a later date. Mayor Snyder responded that Mr. Hoyer and his neighbors could ask that a separate assessment district be created for sidewalks. MR. JONASSON, 44-695 San Benito Circle, asked what would happen if the assessment for a particular piece of property were put on the tax rolls and then that property was sold. 5 MINUTES REGULAR CITY COUNCIL MEETING • • • • • • • • • • AUGUST 8, 1985 • • • • • • • • • • • • • • • Mayor Snyder responded that it would stay with the property. MR. EDDIE FORREST, 48-301 Birdie Way, stated he understood that nothing could be done on the streets until the curbs and gutters were installed and asked if plans had been made to have the streets resurfaced. Mayor Snyder responded that each year a priority list is made up with those streets to be reconditioned. He added that he knew Mr. Forrest's street was on the list and that he could check with the City Engineer to find out the status. MR. TOM IVERS, Silver Moon, spoke in favor of the assess- ment district and felt that the area at this time was substandard and looked like a ghetto. He did not think the construction of curbs and gutters should be postponed any longer. MR. DAVE MOORE, 73-252 Buckboard Trail, felt that the project was a very good idea and asked if it was possible for each homeowner to use his/her own contractor to do the work. Mr. Brown responded that there were approximately 200 parcels where certain items of work could be done by the property owners themselves, with a reduction in the assessment amount. He stated he would make an appointment with Mr. Moore to discuss this with him. MR. HAROLD BIRD, 47-967 Sun Corral, spoke as president of the Silver Spur Ranch Homeowners Association, and stated that the area is definitely not a ghetto, as Mr. Ivers felt. Mayor Snyder declared the Public Hearing closed. Mr. Brown stated for the record that there was a total of 4.54% protest for the entire project area. He added that if the Council wished to proceed, it should now consider the resolutions for adoption. Councilman Wilson moved to adopt Resolution No. 85-86, ordering certain changes and modifications to the engineer's report in a special assessment district. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. Councilman Kelly moved to adopt Resolution No. 85-82, over- ruling and denying protests and making certain findings in a special assessment district. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. Councilman Wilson moved to adopt Resolution No. 85-83, finding and determining that the public interest, convenience, and necessity require the improvements; that the project is feasible, and that the lands will be able to carry the burden of the proposed assessment. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. 6 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 8, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Kelly moved to adopt Resolution No. 85-84, approving and providing for contribution to pay certain costs and expenses in an assessment district. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. Councilman Wilson moved to adopt Resolution No. 85-85, con- firming the assessment, ordering the improvements made, together with the appurtenances, and approving the engineer's report. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. Councilman Wilson moved to reopen the Public Hearing on eminent domain proceedings and to continue said Public Hearing to the meeting of September 12, 1985. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. MAYOR SNYDER CALLED A RECESS AT 8:05 P.M. AND RECONVENED THE MEETING AT 8:20 P.M. C. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN, NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PARCEL MAP WAIVER TO CONSOLIDATE THE SITE INTO ONE LOT TO ALLOW CONSTRUCTION OF AN EIGHT UNIT APARTMENT PROJECT (UTILIZING A 257, DENSITY BONUS ALLOWED BY STATE LAW) IN THE PR-2 ZONE LOCATED ON THE NORTH SIDE OF SANTA ROSA WAY, 200 FEET WEST OF SAN PASCUAL. (Continued from the meeting of June 13, 1985.) Mr. Diaz reported that the applicant had requested a continuance of this item to the meeting of September 12. 1985. Upon motion by Wilson, second by Kelly. the item was continued to the meeting of September 12, 1985, at the applicant's request by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-6 S.P. (PLANNED RESIDENTIAL, MAXIMUM 6 DU/ACRE SCENIC PRESER- VATION OVERLAY) TO PC (3), S.P. (PLANNED REGIONAL COMMER- CIAL WITH A SCENIC PRESERVATION OVERLAY) FOR 15.26 ACRES OF LAND BOUNDED BY THE PALM VALLEY STORM CHANNEL. EL PASEO, FRED WARING DRIVE, AND HIGHWAY 111. Mr. Altman reported that additional legal advertisement of this public hearing was required and requested a two -week continuance of Council's consideration. Mayor Snyder invited public testimony, and none was offered. Upon motion by Kelly, second by Wilson, the item was continued to the meeting of August 22, 1985, to allow for readvertisement of legal notice by unanimous vote of the Council. 7 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 8, 1985 • • • • • • a a a • a • • • • • • • • • • • • • • iX. RESOLUTIONS A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TO LEVY A SPECIAL TAX PURSUANT TO SECTION 53978 OF THE GOVERNMENT CODE FOR FiRE PROTECTION AND PREVENTION SERVICES FOR FISCAL YEAR 1985/86. Mr. Altman reported that this resolution was necessary to enact the fire tax for fiscal year 1985-86 and that the rates set forth in the document were the same as they had been since voter approval in 1980. Upon motion by Wilson, second by Kelly, Resolution No. 85-87 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 429 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.98, SECTION 5.98.010 TO 5.98.130, TO THE CITY CODES PERTAINING TO TEMPORARY DANCE AND TEMPORARY ENTERTAINMENT PERMITS. (Continued from the meeting of July 11, 1985.) Mr. Altman reported that the Police Advisory Committee had not yet reviewed this ordinance in its amended form and recommended a continuance to allow for that. Upon motion by Kelly, second by Wilson, consideration of Ordinance No. 429 was continued to the meeting of September 12, 1985, by unanimous vote of the Council. For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEM BUSINESS A. CONSIDERATION OF SELECTION of Underwriter for Assessment District No. 83-1 Financing. Mr. Altman stated that this had been discussed in Study Session at length and that staff's recommendation, after interviewing each firm interested in providing this service, was to select Miller Schroder. The alternative recommendation would be to select Miller Schroder for the certificates of participation or tax allocation bonds and the local firm of Prudential Bache for the assessment bonds. Councilman Kelly stated he felt that if at all possible, the City should be doing business with local firms. Councilmember Benson concurred. Councilman Wilson said that if all things are fairly equal, he agreed with dealing with a local firm whenever possible. 8 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 8, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • Upon question by Council, Mr. Brown, Assessment District Counsel, stated that a two -week continuance would not present a problem but one of a month would cause a two -week loss in the bonding process and in construction start-up. Mr. Altman stated that it was important that the City bond for its portion of the district which was $3.9 million which would mean giving Miller Schroder that portion of the agreement inasmuch as they were working now with the Redevelopment Agency. Councilman Wilson moved to continue the matter for two weeks and ask a committee of the City Manager, Redevelopment Agency Director, and Councilmembers Benson and Kelly to sit down and review the issue to come up with the recommendation to the Council. Motion died for lack of a second. Upon question by Council, Deputy City Attorney Jeff Patterson advised that the Council could authorize the Mayor to execute any agreement that a subcommittee recommended. Councilman Wilson moved to continue the issue to August 22, 1985, and to form a subcommittee comprised of staff, Councilman Kelly, and Mayor Snyder for recommendation to the City Council and in the event a quorum was not available for the August 22nd meeting, that staff be authorized to meet with the recommended firm to draw up the necessary documentation by September 12, 1985. Councilman Kelly seconded the motion; motion carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REPORT on Traffic Signs on Fred Waring Drive (followup report from meeting of July 25, 1985.) Mr. Folkers reported that the traffic signs were in fact too high and that they would be lowered. XV. ORAL COMMUNICATIONS - 8 MR. SANDY BAUM, 45-800 Deep Canyon Road, Paim Desert, stated that trees in his neighborhood were interfering with utility lines and that he had observed sparks coming from the lines on occasion. Mr. Folkers was directed to investigate with Southern California Edison Company. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR APPROPRIATION OF FUNDS FOR RIGHT-OF-WAY ACQUISITION. Mr. Altman reported that $54,000 was needed for the purpose of acquiring property for right-of-way for Assessment District 83-1. 9 MINUTES REGULAR CITY COUNCIL MEETING a a • • • • • a a • a AUGUST 8, 1985 • • • • • • • • • • • • • • Councilman Wilson moved to, by Minute Motion, authorize the appro- priation of $54,000 to fund the right-of-way acquisition for Assessment District 83-1, with the condition that this amount be refunded to the City from the district proceeds. Councilman Kelly seconded the motion, and the motion carried by unanimous vote. B. CITY ATTORNEY 1. ORDINANCE RELATING TO CITY COUNCIL SALARIES Mr. Patterson introduced an ordinance requested by Council at a previous meeting which would increase Council salaries from $150 per month to $300 per month as now provided for in Section 36516 of the Government Code. He advised that Council could introduce it and pass it to second reading or place it on the next agenda. Councilman Wilson stated he would like an opportunity to review the proposed ordinance and would prefer it be on the September 12th agenda for consideration. The other Council - members concurred, and the City Clerk was instructed to place it on said agenda. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Snyder asked that everyone note the future meetings listed on the agenda. Councilmember Benson stated that she had read a few letters in opposition to the Assessment District which indicated that the writer would be placed in such a hardship condition from the assessment that he or she would lose his property. She asked if staff was investi- gating these cases to see if the City could assist these individuals. Mr. Altman stated that the individual situations would be investigated and the letters responded to. However, the City could not legally financially assist any property owner. He felt that in most cases it might just be that the individual did not understand that the assessment could be paid off over a 15-year period and staff would make an extra effort to explain it to these people. XVII. ADJOURNMENT Councilman Wilson moved to adjourn the City Council meeting to Closed Session in accordance with Section 54956.8 of the Government Code for the purpose of discussing the acquisition of real property, said Closed Session to commence immediately following adjournment of the Redevelopment Agency Meeting. Councilmember Benson seconded the motion. Motion carried by unanimous vote and Mayor Snyder adjourned to Closed Session at 8:55 p.m. 10 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 8, 1985 • • • * * • • • • • • • * * • • • • • • • • • • * Mayor Snyder reconvened the meeting at 9:30 p.m. and immediately adjourned announcing that no action had been taken in Closed Session. WALTER H. SNYDER,-MA R ATTEST: 2/ �/! SHEILA R. GIj4.IGAN, ,e TY CLERK CITY OF PALM DESERTCALIFORNIA