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HomeMy WebLinkAbout1985-05-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MAY 9, 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 - Mayor Pro-Tem Richard S. Kelly III. INVOCATION - Councilmember Phyllis Jackson 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 Jeff Patterson, Deputy City Attorney Kirby J. Warner, Director of Finance Gregg Holtz, Acting Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF GIFTS FROM GISBORNE, NEW ZEALAND. Mayor Snyder noted that there were two gentlemen in the audience, Dr. Richard Lynch and Mr. Mort Kauffman, who had recently returned from a trip to New Zealand where they also had the opportunity to visit Gisborne, our sister city. DR. LYNCH stated that he and Mr. Kauffman met Brian Crawshaw, the Deputy Mayor, as well as the City Manager and the rest of the City Council and were given a tour of the city, including museums, businesses, vineyards, etc. They found the people very interested in their association with the City of Palm Desert and were told that people from Palm Desert were welcome at any time. He added that they were given gifts to bring back to the City of Palm Desert and presented the following to Mayor Snyder: - a cravat with the mark of New Zealand on it. - a desk clock with the City of Gisborne seal on it. - a telephone index with the City of Gisborne coat of arms. - a bicentennial plate, one of only 2,000 made. - a Lucite picture of the Mayor and Vice Mayor of Gisborne holding a print of the mural hanging in our own Council Chamber. MINUTES REGULAR CITY COUNCIL MEETING MAY 9, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. KAUFFMAN added that the members of the Gisborne City Council were very pleased to accept the gifts sent to them by Palm Desert. Mayor Snyder thanked both of these gentlemen for representing the City on their trip and for delivering the gifts. He added how proud he was of this city's relationship with Gisborne. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 11, 1985. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-095, 85-097, 85-101, 102, and 104. Rec: Approve as presented. C. REVENUE AND EXPENDITURE REPORT for Month of March, 1985. Rec: Receive and file. D. RESOLUTION NO. 85-30 - 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. E. REQUEST FOR AUTHORIZATION OF EXPENDITURE OF FUNDS for Engineering Services -- Contract No. 1059, Magnesia Falls Street Improvements. Rec: By Minute Motion, authorize the expenditure of $4,074.56 for engineering services on the Magnesia Falls Street Improvement Project (Contract No. 1059). F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1059 -- Magnesia Falls Street Improvements. Rec: By Minute Motion, accept the work for Contract No. 1059 as complete and authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. G. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT for Month of March, 1985. Rec: Receive and file. H. CLAIM AGAINST THE CITY by Dorothy Vale for Alleged Injuries and Damages Sustained in an Accident Occurring in Palm Desert Greens. Rec: Deny the Claim and instruct the City Clerk to advise the Claimant that Palm Desert Greens is not within the City limits. I. REQUEST FOR AUTHORIZATION to File Notice of Completion on Contract No. 1071 - Highway 111 Landscaping, Phases II and III. Rec: Approve the request and instruct the City Clerk to file said Notice of Completion. Upon motion by Jackson, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. SCOTT DUNAGAN, 43-101 Buttonwood, addressed the Council relative to Palm Desert Middle School's band uniforms. He stated that this was his last -2- MINUTES REGULAR CITY COUNCIL MEETING MAY 9, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * year, and he would like to see new uniforms before he graduated. He asked for Council's assistance in funding this purchase inasmuch as he felt they were a Palm Desert band, the uniforms were approximately 12 years old, and the cost would be approximately $193 each which they could not afford at this time. Councilman Wilson commented that it was obvious that Mr. Dunagan's participation in municipal government during the recent Student Government Day had impressed upon him the fact that there is a local governmental agency, and he felt that it was interesting that Mr. Dunagan would ask for the Council's assistance even though this was out of its jurisdiction. He added that he did not think City tax dollars could be used for this purpose, but the community could be asked to assist since he felt that the school definitely needed new uniforms. Mayor Snyder stated that it was a sign of the times when the young people start to participate in their local government. With Council's concurrence, staff was directed to look into this matter and see if there was a way to obtain community support for the purchase of new uniforms for the Palm Desert Middle School band. MR. FRANK GUERRERO, District Manager for the Coachella Valley Recreation & Park District, 46-350 South Jackson, Indio, stated that he was currently working closely with the City's Park bt Recreation Commission relative to the future of recreation in Palm Desert and what will be available for our citizens. He added that the Coachella Valley Recreation & Park District was available to serve the people of Palm Desert as well as the entire Coachella Valley. VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF VACATION OF STREET RIGHT- OF-WAY ON DEEP CANYON ROAD. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Holtz reported that the owners of two parcels on the east side of Deep Canyon Road between Fairway Drive and Yucca Tree Drive had requested the vacation of a portion of street right-of-way along the frontage of their property on Deep Canyon Road. The City currently has seventy feet of street right-of-way at this location; however, the ultimate width of Deep Canyon Road at this location requires only sixty feet of right-of-way. Therefore, the City has ten feet of right-of-way which will not be used for street purposes. As there is no longer any public need for this street right-of-way, it was staff's recommendation that the Council adopt the resolution vacating these portions. Mayor Snyder invited input in FAVOR of this request. MR. SANDY BAUM, 45-800 Deep Canyon Road, addressed the Council as one of the owners and stated that he concurred with the staff recommendation and was available to answer any questions. Mayor Snyder invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Upon motion by Kelly, second by Wilson, Resolution No. 85-31 was adopted by unanimous vote of the Council. IX. X. RESOLUTIONS N one ORDINANCES For Introduction: None -3- MINUTES REGULAR CITY COUNCIL MEETING MAY 9, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 414 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MARKETING AND SALE OF A 26 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE. CASE NO. WARD DEVELOPMENT AGREEMENT Mr. Altman reported that this was introduced at the last Council meeting held on April 11, 1985. He noted that no further input had been received since introduction of the ordinance and recommended its adoption. Upon motion by Kelly, second by Jackson, Ordinance No. 414 was adopted by a 3-2 vote of the Council, with Councilmembers Benson and Wilson voting NO for reasons stated when this ordinance was introduced. XI. CONSENT ITEMS HELD OVER N one XII. NEW BUSINESS A. REQUEST FROM CARVER MANAGEMENT COMPANY FOR A WAIVER OF SIGNALIZATION FEES. Mr. Altman reported that there was a letter in the packets which was dated April 30, 1985, from Sandra G. Yavitz, Project Manager for Carver Management Corporation, relative to signalization fees for Parcel Map 18764. He stated that Director of Public Works Barry McClellan and City Attorney Dave Erwin had initially met with this applicant and that he had just a few weeks ago become involved. According to the City Attorney, it was now left to the Council's discretion whether or not to waive these signalization fees. He added that representatives of Carver Management Company were in the audience and would present their case to the Council. MS. SANDRA YAVITZ, 559 So. Palm Canyon, stated that she had discussed this matter with the City Manager, Director of Public Works and City Attorney. She reviewed the points covered in her letter dated April 30, 1985, stating that it was their feeling the signalization fee had been paid in full. She noted that the conditions of approval for the Tentative Tract Map on this property specifically set the $15,000 signalization fee that had already been paid and in her company's opinion, it was payment in full. She pointed out that the resolution setting the signalization fees now being required had been adopted after approval of this tract in July of 1978. Councilman Wilson stated he felt that the fee could not have been set in full since the square footage of the commercial development had not been established at the time the Tentative Tract was approved. At this point in the meeting, Mr. Altman asked the City Clerk to pull the resolution for signalization fees that was in effect in 1978. Mrs. Gilligan returned to the meeting with Resolution No. 78-58 adopted May 11, 1978, which had not set fees but had established a signalization fund. She said that review of records indicated that this type of fee was set on a case -by -case basis as a special condition of approval of each subdivision request up until the adoption of Resolution No. 79-17 in February of 1979. MR. STAN MORSE, Engineer for the applicant, advised that the $15,000 fee established in the conditions of approval had been for their share or 1/4 signalization fee for that particular intersection and that the amount fully satisfied their requirement. Councilman Wilson asked whether or not this property was being developed under approval of Tentative Tract 11791 or a new one. Mr. -4- MINUTES REGULAR CITY COUNCIL MEETING MAY 9, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Morse advised that a new Tentative Tract Map had been submitted. Councilman Kelly moved to waive all but $10,000 of the $33,516 signalization fee now being required of the developer. Councilmember Benson seconded the motion. Motion carried by unanimous vote of the Council. B. CITY MANAGER'S REPORT ON RESULTS OF COACHELLA VALLEY RECREATION AND PARK DISTRICT MEETING AND RECOMMENDED NEXT STEPS. Mr. Altman reported that this was discussed in Study Session. He stated that he had met with the Coachella Valley Recreation & Park District last week relative to determining exactly what were the needs of the residents of Palm Desert. He added that he and the Mayor had decided that in addition to themselves and Ray Diaz, another Councilmember should be appointed to meet with them and the C.V. Recreation District to come up with programs for the citizens of Palm Desert. With Council concurrence, Mayor Snyder appointed Councilmember Benson to the committee to determine what programs should be available for Palm Desert residents. C. REQUEST FROM COACHELLA VALLEY RECREATION AND PARK DISTRICT FOR PLAYGROUND EQUIPMENT. Mr. Diaz reported that this was a request for $2,218 for a slide and swing to be utilized at the Palm Desert Community Center on Edgehill Drive. This request had been reviewed by the Palm Desert Parks and Recreation Commission at its March meeting, and it was the Commission's and staff's recommendation that the funds for this equipment be approved. Councilmember Benson asked whether this request should be funded by monies allocated to the C.V. Recreation and Park District. Mr. Altman responded that the City does not give them any money, the taxpayers do. Mrs. Benson added that she felt inasmuch as our citizens contribute to this District and so much is allocated to our area, the funds should come from that allocation. Mr. Altman suggested that this request be approved subject to staff verifying the actual necessity of such equipment when it meets in the near future with Recreation District officials to assess the needs of Palm Desert residents. Councilman Wilson asked why the City is being asked to fund this, especially since the C.V. Recreation & Park District built tennis courts at this location, and the City was not asked to participate at that time. Councilman Wilson moved to continue this request to the meeting of May 23, 1985, to allow staff additional time to study this request. Motion was seconded by Benson. Councilman Kelly amended the motion to refer this matter to the committee that is working with the Recreation & Park District and if they determine that it is an appropriate expense then the Mayor would be authorized to approve the request. Motion was seconded by Councilmember Jackson. Mayor Snyder called for the vote on the amended motion, and it carried by a 3-2 vote, with Councilmembers Wilson and Benson voting NO. Mr. Patterson noted for the record that the original motion was dead as the amended motion had been approved. In fact, the amended motion was really not an amendment but a new motion which made the first moot when it was adopted. D. REQUEST FOR APPROVAL OF EARTHQUAKE PREPAREDNESS AND PUBLIC AWARENESS PROGRAM. Mr. Altman noted that there was a memo from Councilmember Jackson in the packets. He stated his concurrence with the need for earthquake preparedness and recommended the approval of an amount not to - 5- MINUTES REGULAR CITY COUNCIL MEETING MAY 9, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * exceed $10,000 to hire the firm of Carol Hay and Associates to help prepare an earthquake plan for Palrn Desert. Councilmember Jackson stated that her concern was that budgetary consideration be given for this amount whether it be for this particular firm or for someone else to assist in preparations. She added that she felt it was vital that our citizens be protected. Councilman Wilson agreed with the intent behind this request and suggested that staff be directed to look into whether or not there is any kind of assistance available on earthquake preparedness before using our own monies. Councilmember Jackson stated she felt that if there was some kind of state funding available, it would have been mentioned at the recent earthquake conference. Councilman Wilson moved to approve this request in concept, with instruction to the staff to explore with the League of California Cities and State agencies the availability of other governmental funds to assist in earthquake planning. Motion was seconded by Benson. Councilmember Jackson made a motion that if funds were not found to be available this would then become a budgetary item to be used at the discretion of the City Manager or whoever would make the final decision. Upon question by Councilman Kelly, Mr. Altman responded that it would only take a few days to find out whether or not funds were available. Councilman Kelly stated that he would like to see this on the next Council Agenda. Councilmember Jackson withdrew her motion. Mayor Snyder called for the vote on Councilman Wilson's motion. Motion carried by unanimous vote of the Council. XIII. XIV. CONTINUED BUSINESS N one OLD BUSINESS A. REQUEST FOR APPROVAL OF INDUCEMENT RESOLUTION FOR ROBERTSON HOMES MULTIFAMILY PROJECT. Mr. Altman stated it was staff's recommendation that the Council waive further reading and adopt Resolution No. 85-32 indicating the City's intent to provide for the issuance of obligation bonds to provide assistance in financing a multifamily rental housing project. MR. HARDY STROZIER, of Robertson Homes, stated that he was available to answer any questions the Council might have. He added that this was not a new project; it had been approved by the Council in 1984. They were in the process of working with the Planning Commission on the final site plan and were looking for the bond financing inducement in order to assist in providing deferred financing in the financial community, which he stated was standard operating procedure in their business today. Councilman Wilson suggested that staff cover memos be prepared for these kinds of items as he felt it would be helpful for the Council when reviewing their Agenda packets. Councilmember Benson asked whether or not Robertson Homes would be able to proceed with this development if the inducement resolution were not approved. Mr. Strozier responded that the project was going ahead regardless of whether or not the Council approved the resolution. He added that if it -6- MINUTES REGULAR CITY COUNCIL MEETING MAY 9, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * were approved, they would be able to upgrade the project and offer more amenities. He also reiterated the fact that adoption of the resolution would not obligate the City to proceed with the issuance of bonds if at some later time the Council determined that it did not wish to do so. Upon motion by Jackson, second by Kelly, Resolution No. 85-32 was adopted by unanimous vote of the Council. XV. ORAL COMMUNICATIONS - B MR. SANDY BAUM, 45-800 Deep Canyon, addressed the Council relative to the public hearing held at this meeting. He asked whether he could go ahead the following day and do things to his property since the resolution vacating the ten feet of street right-of-way had been approved. Mr. Patterson responded that technically the effect of the resolution does not become complete until the resolution and corresponding documents are recorded in the Office of the County Recorder. That is the point in time when that vacation becomes effective. Mrs. Gilligan noted that the County can take up to two weeks to record a document. MR. RICHARD BECK, of Desert Sands School District, addressed the Council and stated that the School Board had approved the bids and specifications for the Palm Desert High School at its Tuesday meeting. This approval was subject to approval of the State Office of Local Assistance which approves the funding applications, and all final plans had been approved this date. He added that although $10.2 million had been approved previously, the State had approved an additional allocation of $250,000, which brought the total to $10.5 million. He ended his report by stating that they were going out to bid this date and would have the bid opening on June 19th. Councilman Wilson stated that in addition to thanking Mr. Beck for coming down and sharing this great news, he should also be thanked for walking this through Sacramento. He added that two years ago September when the new superintendent talked about a Palm Desert High School, he personally felt that it was an ambitious timetable and did not really believe that it would be a reality. He felt the community owed the Desert Sands School District Board and staff a great deal of thanks. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. AUTHORIZATION TO RECEIVE INFORMAL BIDS AND AWARD CONTRACTS FOR COMPUTER ROOM, STORAGE, TERMINAL AND MICROCOMPUTER CONNECTIONS. Mr. Altman stated that the Council had received a memo from the Finance Director dated May 9, 1985. Mr. Warner reported that John Outcault had been working with staff to complete plans for the preparation of the computer room. Mr. Outcault had provided estimates of the cost and time involved for the various jobs and would be soliciting informal bids for these jobs. Mr. Ken Benson of Coopers and Lybrand would be soliciting bids for the connection of terminals to the minicomputer. This process would save much time in site preparation, thus allowing the system installation to occur at its scheduled time. Councilmember Jackson moved to: (1) authorize John Outcault to solicit informal price bids for completion of the computer room and storage cabinetry; and (2) instruct Ken Benson of Coopers and Lybrand to solicit bids for the connection of terminals to the minicomputer and authorize the Mayor to execute any necessary contracts for construction once the bids have been received and analyzed. Motion was seconded by Kelly and carried by unanimous vote of the Council. -7- MINUTES REGULAR CITY COUNCIL MEETING MAY 9, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. REQUEST FOR SUPPORT OF ASSEMBLY BILL AB 971. Mr. Altman reported that this was discussed at Study Session and recommended that staff be directed to prepare a letter of support of this bill. Upon motion by Jackson, second by Wilson, staff was directed to prepare a letter in support of AB 971. Motion carried by unanimous vote of the Council. 3. REQUEST FOR CLOSED SESSION. Mr. Altman requested a Closed Session to discuss pending litigation on Monterey Avenue per Government Code Section 54956.9(a) & (b). B. CITY ATTORNEY 1. CLAIM AGAINST THE CITY Mr. Patterson noted that he had received a claim against the City by Hollenbeck & Meyer alledging that City crews destroyed some landscaping. As he saw it, the alternatives were to either deny the claim or refer it to the City Attorney's office and authorize them to negotiate a settlement. It was his recommendation that the matter be referred to his office. Upon motion by Kelly, second by Wilson, this matter was referred to the City Attorney's office with authorization to negotiate a settlement of the claim. Motion was carried by unanimous vote of the Council. C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. WORKING ON SUNDAYS Councilmember Benson stated her concern with construction people working in residential and commercial areas on Sundays and felt that they should be told when they take out building permits that work is not permitted on Sundays and Government holidays in the City of Palm Desert. She added that she had spent all day the previous Sunday calling the 911 number reporting all of these people. 2. SIGNS Councilmember Benson stated she had noticed that signs are appearing all over the Highway and that she had even seen a "For Rent" sign on a stop sign. She felt that it really looked terrible and detracted from the image of Palm Desert. Mr. Altman stated that staff would look into both of these concerns. 3. STUDY SESSION Councilman Wilson stated that he felt it should be publicly announced that the Council and staff would continue with the Study Session at the close of both the Council and Redevelopment Agency meetings. 4. Mayor Snyder called up two Planning Commission decisions on parking, that of Tullio's Restaurant and Cedar Creek Inn Restaurant because of concern over a lack of adequate parking on El Paseo. 5. 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 8:57 p.m. to Executive Session (pending litigation under Government Code Section 54956.9(a) & (b), -8- MINUTES _ REGULAR CITY COUNCIL MEETING MAY 9, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Monterey Avenue), said Executive Session to be held immediately following adjournment of the Redevelopment Agency Meeting. Councilmember Benson seconded the motion. Motion carried by unanimous vote of the Council. The Mayor reconvened the City Council meeting at 9:25 p.m. and immediately adjourned the meeting with no action taken or announced. ATTEST: SHEILA R. LIGAN, CIT7fl CLERK CITY OF PALM DESERT.ALIFORNIA WALTER H. SNYDER, MAWR -9-