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HomeMy WebLinkAbout1985-03-07MINUTES SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL THURSDAY, MARCH 7, 1985 CIVIC CENTER COUNCIL CHAMBER * .* * * * * * * *. * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 3:00 p.m. II. ROLL CALL Present: Excused Absence: Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Councilmember Jean Benson Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Sheila R. Gilligan, City Clerk Doug Phillips, Deputy City Attorney Barry McClellan, Director of Public Works Ramon A. Diaz, Director of Environmental Services Kirby J. Warner, Director of Finance IV. OLD BUSINESS Mayor Snyder stated that with the concurrence of the rest of the Councilmembers, the Lewis Homes item would be taken out of order of the agenda. A. CONSIDERATION OF A REQUEST FROM LEWIS HOMES OF CALIFORNIA. Mr. Phillips reported that an agreement had been prepared with regard to Lewis Homes' construction of the Haystack Channel. This agreement was the result of several meetings with City staff, Councilmembers Wilson and Snyder, and representatives of Lewis Homes. He reviewed the agreement and changes that had been made to it subsequent to the first draft which Council had received a week prior. Discussion ensued with regard to Mr. Phillip's recommendation that an $80,000 Letter of Credit be posted in lieu of a Maintenance Bond in same amount. Mr. Altman recommended that the City Council require the Letter of Credit. Councilman Wilson stated his objection to Section 6.1 (b) on page 9 wherein the City would be prohibited from withholding Certificates of Occupancy if the work was not accomplished. He felt that option should be left to the City in the event the work was not finished in accordance with the agreement. MR. GERALD WALSH, Attorney for Lewis Homes, stated that the design plans for the channel submitted that day were the approved ones and he saw no reason for a 30-day staff review time. In addition, he stated he could not recommend to his client that Certificates of Occupancy be used as what he felt was a bargaining tool. He expressed his concurrence with the times and dates included in the agreement providing for time for the channel to be completed. MINUTES SPECIAL CITY COUNCIL MEETING MARCH 7, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman suggested that a subcommittee be formed of two Councilmembers and staff to sit down and review the plans as to conformance with the originally approved design. Council could then approve the time schedule in the agreement with the approval subject to this subcommittee's approval of design. Mayor Snyder moved to approve the agreement as submitted amended to require a letter of credit instead of a bond and establishing a subcommittee of Councilmembers Wilson and Snyder with City Manager Bruce Altman, Public Works Director Barry McClellan, and Environmental Services Director Ramon Diaz to review the design plans to assure it was the same as originally approved. Councilmember Jackson seconded the motion. Councilman Wilson moved to amend the motion to delete the words "or issue certificates of occupancy" from Section 6.1 (b) of the Agreement. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. Mayor Snyder called for a vote on the original motion to include the amendment by Wilson and the motion carried by unanimous vote. M. NEW BUSINESS A. REVIEW OF 1984-85 CAPITAL IMPROVEMENT PROGRAM FOR LUNS!Uttttl l IUN Ur t51 H13L1SIiMCN1 Or NtW F R101(111tS. Council and staff reviewed the current list of capital projects. Mr. Altman pointed out that staff is currently preparing the 1985-86 fiscal year budget and establishing new priorities as directed by Council throughout the year. The new list would be presented for Council approval with next year's budget. Councilman Wilson asked that a report be made at that time as to how much staff time is required to administer each project so that information can be used when Council reviews the list and prioritizes it in the budget review process. Councilman Kelly asked that the improvements including widening to the northerly sections of both Monterey Avenue and Portola Avenue be given top priority under the new ordinance that allows the City to make these improvements and collect from the property owner when such property is developed. Mayor Snyder asked for a status report on the Portola Storm Drain Project. V. ADJOURNMENT Upon motion by Wilson, second by Jackson, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 6:10 p.m. ATTEST: SHEILA R. GIL ' AN, CIT ERK CITY OF PALM DESERT IFORNIA -2- WALTER H. SNYDER, MAYOR,