HomeMy WebLinkAbout1985-11-14MINUTES
REGULAR CITY COUNCIL MEETING
THURSDAY, NOVEMBER 14, 1985
CIVIC CENTER COUNCIL CHAMBER
1. CALL TO ORDER
Manor Snyder convened the meeting at 7 p.m.
[I. PLEDGE OF ALLEGIANCE - Councilmemher Phyllis Jackson
111. INVOCATION - Mayor Pro--Temoore Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember ,lean M.Benson
Councilmember Phyllis Jackson
Mayor Pro-Tem Richard 5. Ke l l v
Councilman 5. Roy Wilson
Mayor Walter H. Snyder
Also Present:
Bruce A. Altman, City Manager
i)avid J. Erwin. City Attorney
Sheila R. Gilligan. City Clerk
Richard J. Folkers. Director of Puhlic works
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Mayor Snyder and Mayor Pro-Temnnre Kelly, liaison to the Civic
Arts Committee. presented the winners of the First student
essay/poster contest with certificates and $50 U.S. Savings
Bonds. Mayor Snyder said that it was one r>f the C i ty' s
finest moments and that Counr i l , starf, , and c i t i zenry shared a
oride in these young neon►e. The following winners were
congratulated in specific categories:
FIRST -PLACE PRIZES FOR STUDENT ESSAY & POSTER CONTEST, "PALM
DESERT THROUGH CHILDREN'S EYES".
Winners in the Art Category: Felicia Vasquez, Christy Thomp-
son, Eri Kawaguchi, Jamie Ingersoll, Paula Fuller's 4th Grade
Class, Carol McGihon's 5th Grade Class, Carrie Penos, David
Peters, and Danielle Love.
W inners in the Essay Category: Andrea Smith, James Russe l 1 ,
Tori Van Glahn, Shannon Piscitelli, In Koo Kim, and Moya
Lyttle.
W inners in the Group Composition Category: Paula Fuller's
4th Grade Class and Norma Norton's 5th Grade Class.
Winners of the Desert Arts Calendar Magazine Awards:
Paula Fuller's 4th Grade Class (Art Category)
Eileen Tran (Essay Category)
MINUTES
REGULAR CITY COUNCIL MEETING
NOVEMBER 14, 1985
* * * • • it • • • • • • • • • • • • • a • • • • •
B. REORGANIZATION OF CITY COUNCIL - Selection of Mavor and
Mayor Pro-Temoore.
Mayor Snyder declared the offices of Mayor and Mayor Pro-Tem-
pore vacant and requested the City Clerk to conduct the selec-
tion of officers.
Mrs. Gilligan declared nominations for the office of Mavor open, and
Councilmember Phyllis Jackson nominated Councilman Richard Kelly.
Councilman Wilson moved that nominations be closed and a unanimous ballot
be cast for Councilman Kelly, and the motion was seconded by Counci i-
member Benson. Motion carried by unanimous vote.
Mrs. Gilligan declared nominations for the office of Mavor Pro-Tem-
oore open, and Mavor Kelly nominated Councilmember Phyllis Jackson.
Councilman Wilson moved that nominations he closed and a unanimous ballot
he cast for Councilmember Jackson, and the motion was seconded by
Counrilmemher Benson. Motion carried by unanimous vote.
Mavor Kelly thanked his colleagues for their confidence in him
and said he would endeavor to do the very best iob possible.
He evtended his anoreciat ion to Councilman Walter Snyder for
his hard work and acromn,ishments during his two years as
Mayor. He said he would try to keep up the pace and would rely
on his fellow covncilmembers to keep him humble.
Mayor Pro-Temc:,nre ,l.9ckc,on extended her aprreriation to fellow
Counc i 1 memi>Frs for t rre i r confidence in her. She promised to
do all th,-it C0111(1 trr assist newly elected Mavc>r Keliv.
CW.1PFRATIGN Or APPOINTMENTS to the Architectural Review
Commission to FiHI Vacancies of Expired Terms of Richard
Holden and Bernard 1 euna .
Upon motion by Wilson. second by Jackson. and unanimous vote of
Council. appointments to the Architectural Review Commission
continued to the adiourned meet i na c>f L,ecember 1 2 , 198S .
VI. CONSENT CALENDAR
the
were
A. MINUTES of the Reou)ar Lity Council Meeting of Ortober
24, 1985.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE C1TY__TREASURY - Demand Nos.
86-035, 86-037. 86-041, 86-042. 86-043, and 86-045.
Rec: Approve as presented.
C. CLAIM AGAINST_ THF__CJTY by Jean Hi l 1 in the Amount of
$119.90 for Alleged Damages to Automobile.
Rec: Deny the Claim and instruct the City Clerk to so
advise the Claimant.
D. APPLIC_ATION_ FOR___A_! COHOLIC BEVERAGE _LICENSE by Richard H.
Ferda for Palm Desert Wine 8 Spirits. 74-115 Highway 111.
Palm Desert.
Rec: Receive and file.
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MINUTES
REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1985
• • • • • • • • • • • • • • • • • • • • • • • • •
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Bruce Mercy for Great Ideas Unitd., 73-640 Highway 111,
#2, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Silverfo
Casabar and Earl Tonyan for Silverio's Flowers, 45-145
San Luis Rey, Palm Desert.
Rec: Receive and file.
G. REQUEST FOR ACCEPTANCE OF WORK Contract No. 1077A, Deep
Canyon Road Channel at the Whitewater Channel.
Rec:
By Minute Motion, accept the work for Contract
1057 as complete and authorize the City Clerk
to file a Notice of Completion.
H. RESOLUTION NO. 85-121 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE
ORGANIZATION, OBJECTIVES, AND RESPONSIBILITIES OF THE
PALM DESERT CIVIC ARTS COMMITTEE.
Rec: Waive further reading and adopt.
1. REQUEST FOR REFUND OF PERMIT FEES in the amount of
$2,502.80 by Silver Spur Associates, $30.64 by Breeze
Air-conditioning Company, Palm Springs, and $69.44 by Spa
Plumbing, Palm Springs.
Rec:
Approve the requests and authorize the Director
of General Services to issue said refunds from
prior year's revenues.
J. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS, for Contract
1092, Street Widening Projects.
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the construction
of various street widening improvements.
K. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS for Contract
No. 1091, Traffic Signalization Project.
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the construction
of various street widening improvements.
L. REQUEST FOR RELEASE OF MAINTENANCE BOND for Tract No.
14032-2, McLain Development Company, Newport Beach.
Rec: By Minute Motion, approve the release of the
maintenance bond for Tract No. 14032-2.
M. REQUEST FOR AWARD OF CONTRACT for Appraisal Services for
Right -of -Way Acquisition on Fred Waring Drive/Deep Canyon
Road Traffic Signal.
Rec:
By Minute Motion, award the contract for
appraisal services for the right-of-way acquisi-
tion for Fred Waring Drive and Deep Canyon Road
traffic signal project to Metzger and Asso-
ciates, Inc. In the amount of $1,140 and
authorize a ten -percent contingency for the
contract in the amount of $114.
3
MINUTES
REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1985
• • • • • • • • • • • • • • • • • • • • • • • • •
N. REQUEST FOR AWARD OF LANDSCAPE MAINTENANCE SERVICES
CONTRACT for Highway 111 Medians.
Rec: 1. Authorize the City Manager to award the
bid for landscape maintenance services for
the Highway 111 medians provided the bid
does not exceed $12,000 for the remainder
of the fiscal year; and
2. Authorize the Mayor to enter into a
contract with the lowest responsible
bidder for landscape maintenance services
for the Highway 111 medians.
3. Appropriate $12,000 from the General Fund
to the Park Maintenance Account No.
4503-362.
0. RESOLUTION NO. 85-122 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING
UNPAID ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT.
Rec: Waive further reading and adopt.
P. REQUEST FOR AUTHORIZATION TO SEEK BIDS for Construction
of the San Pablo Bikeway.
Rec:
By Minute Motion, authorize staff to seek
bids.
Q. REQUEST FOR APPROVAL of Instrument of Credit-FaithfulI/
Performance for 1st Bank of Palm Desert.
Rec: By Minute Motion, approve the Agreement and
authorize the Mayor to execute same.
Upon motion by Jackson, second by Wilson, the Consent Calendar was
approved as presented by unanimous vote of the Council.
VII. ORAL COMMUNICATIONS - A
MR. WILLIAM KELLY, 76-859 New York Avenue, Palm Desert,
addressed Council on behalf of Boy Scout Troop 76. He said
that the troop was out of a place to meet because the Histori-
cal Society had moved into the old fire station on El Paseo
and was making it into a museum, thus eliminating the meeting
room which the troop had been using for 10 years. He asked if
the City would be able to help them find a place to meet.
Mayor Kelly said the City could sympathize just from its own
experience in trying to make rooms available for public use.
He noted that the City, because of its own need for meeting
rooms as well as the numerous requests from the public, could
not allow any one group to preclude a series of meeting dates.
He offered, however, to have staff sit down with Mr. Kelly to
see if some assistance could be offered.
MRS. ESTHER CREIGHTON, Desert Falls Country Club, addressed
the City Council and reported that because of financial
difficulties, the developer had been unable to start building
on its second phase. When the wind blew across this graded
property now, a problem arises for the people living in the
developed portion. Mayor Kelly asked City Manager Bruce
Altman to meet with Mrs. Creighton to find a solution.
4
MINUTES
REGULAR CITY COUNCIL MEETING
NOVEMBER 14, 1985
• • • • • • • • • • • • • • • • • • • • • • • • •
VIII. PUBLIC HEARINGS
A. CONSIDERATION OF A VACATION OF STREET RIGHT-OF-WAY ON
SONORA DRIVE.
Mayor Kelly declared the public hearing open and asked for
staff's report, -
Mr. Altman reported that staff had reviewed the request
and after finding no public need for the land had recom-
mended Council's adoption of the proposed resolution.
Mayor Kelly invited input in FAVOR of the request, and the
following spoke:
MR. RICK HOLDEN, 73-330 El Paseo, Palm Desert, spoke as
the applicant and offered to answer any questions Council
might have.
Mayor Kelly invited input in OPPOSITION to the request, and
none was offered. He declared the public hearing closed.
Upon motion by Jackson, second by Wilson, Resolution No. 85-123,
vacating the right-of-way as shown in Exhibits "A" and "B" of said
resolution, was adopted by unanimous vote of the Council.
B. CONSIDERATION OF A 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 25% DENSITY BONUS ALLOWED BY STATE
LAW) IN THE R-2 ZONE LOCATED ON THE NORTH SIDE OF SANTA
ROSA WAY, 200 FEET WEST OF SAN PASCUAL. WILLIAM SPENCER,
APPLICANT. (CONTINUED CASE)
Mayor Kelly closed the public hearing and noted that the
applicant had withdrawn his request and, therefore, no
action was required by the City Council.
IX. RESOLUTIONS
A. RESOLUTION NO. 85-119 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
ISSUANCE OF THE REFUNDING BONDS.
Mr. Altman reported that the proposed resolution would
authorize the issuance of tax allocation refund bonds to
provide $30 million for the refinancing of a portion of
the Redevelopment Project. He recommended adoption.
Upon motion by Snyder, second by Benson, Resolution No. 85-119 was
adopted by unanimous vote of the Council.
B. RESOLUTION. NO. 85-120 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
ISSUANCE OF THE TAX ALLOCATION BONDS.
Mr. Altman stated this resolution was the same as 85-119
except that it authorized the Cfty's Redevelopment Agency
to take that action as well. He recommended adoption of
the resolution as proposed.
Upon motion by Jackson, second by Benson, Resolution No. 85-120 was
adopted by unanimous vote of the Council.
5
MINUTES
REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1985
• • • • • • • • • • • • • • • • • • • • • • • • •
C. RESOLUTION NO. 85-124 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ENDORSING THE
"FAIR RESPONSIBILITY ACT OF 1986".
Mr. Altman reported that this resolution endorsed an act
which gets involved with the "Deep Pockets" legislation
and attempts to assist cities in not only obtaining
insurance but places degree of fault for financial
liability in a more realistic form. He recommended
adoption.
Upon motion by Jackson, second by Kelly, Resolution No. 85-124 was
adopted by unanimous vote of the Council.
X. ORDINANCES
For Introduction:
A. ORDINANCE NO. 442, - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 329 DEALING WITH IOBILEHOME RENT CONTROL BY ADDING A
SECTION DEALING WITH VACANCY INCREASES.
Mr. Altman recommended adoption of this ordinance on an
urgency basis and in the best interest of the public's
health, safety, and welfare.
Councilman Snyder stated that it had become apparent In
several instances where problems occurred recently that this
was not covered in our existing ordinance dealing with mobile -
home rent control. He said that the problem arose when a
mobilehome was sold, and the park owner substantially raises
the rent to the buyer. He recommended, however, that In lieu
of the wording set forth in the proposed ordinance that the
"monthly rent can only be raised by the amount of the last
raise in the park, be it the automatic increase of 75% of the
CPI or as a result of an approved hardship rent increase".
Councilman Snyder moved to adopt Ordinance 442 amended to read
"monthly rent can only be raised by the amount of the last raise in the
park, be it the automatic increase of 75% of the CPI or as a result of
an approved hardship rent increase" and as an urgency ordinance to take
effect immediately. Councilmember Jackson seconded the motion. Motion
carried by unanimous vote of the Council.
For Adoption:
None
XI. CONSENT ITEMS HELD OVER
None
XII. NEW BUSINESS
A. REQUEST FOR PERMISSION TO OBTAIN OCCUPANCY PERMIT PRIORII
TO INSTALLATION OF LANDSCAPING. TEMPLE SINAI-JEWISH
COMMUNITY OF PALM DESERT, APPLICANT.
Councilmember Jackson moved to, by Minute Motion, authorize the
issuance of a Certificate of Occupancy to Temple Sinai prior to
installation of landscape material. Councilman Wilson seconded the
motion. Motion carried by unanimous vote.
6
MINUTES
REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1985
. . . . . . . . . . . * . . . . . . . . * . . . .
8. REQUEST FOR APPROVAL OF SPECIAL EVENT SIGN, DESERT FALLS
COUNTRY CLUB, APPLICANT.
Mr. Altman recommended adoption of the proposed
resolution.
MRS. ESTHER CREIGHTON, resident of Desert Falls, asked
that the existing sign be taken down prior to this
approval as it had deteriorated to what she called an
"ugly" state and one not in keeping with the quality of
Palm Desert.
Councilmember Benson moved to waive further reading and adopt
Resolution No. 85-125, approving the request under the supervision of
the Department of Community Development and the Architectural Review
Commission. Councilmember Jackson seconded the motion. Motion carried
by unanimous vote.
Councilmember Benson agreed with Mrs. Creighton that the old sign
should be removed but not until such time as the new one can be erected
which should be approximately 5 weeks.
XIII. CONTINUED BUSINESS
None
XIV. OLD BUSINESS
A. REQUEST FOR APPROVAL OF PURCHASE CONTRACT AND PRELIMINARY
OFFICIAL STATEMENT FOR NORTH SPHERE ASSESSMENT DISTRICT
BONDS.
Mr. Ortega stated that this approved the purchase contract
and preliminary official statement for Assessment District
84-1, an $8.5 million project. He further stated that
the preliminary statement would most probably receive
minor changes and that the approval provided for the
attorney and City Manager to approve those minor changes.
Upon motion by Snyder, second by Jackson, Resolution No. 85-126 was
adopted by unanimous vote of the Council.
XV. ORAL COMMUNICATIONS - B
None
XVI. REPORTS AND REMARKS
A. CITY MANAGER
1. Mr. Altman complimented former Mayor Walter Snyder
for his outstanding efforts while in that office and
stated he looked forward to working with newly
selected Mayor Kelly and Mayor Pro-Tempore Jackson.
2. RESOLUTION NO. 85-127 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
AMENDING RESOLUTION NO. 85-72 BY SUBSTITUTING THE
FRIDAY AFTER THANKSGIVING FOR A CITY FLOATING
HOLIDAY.
Upon motion by Wilson, second by Jackson, Resolution No. 85-127 was
adopted by unanimous vote of the Council.
7
MINUTES
REGULAR CITY COUNCIL MEETING NOVEMBER 14, 1985
• • . • • • • • • • • • • • • • • • • • • • * • •
3. KELLY ORDINANCE DEALING WITH FUTURE IMPROVEMENTS.
Mr. Altman said this dealt with an ordinance which
enabled the City to install. public improvements and
to bill property owners at a later time in an effort
to correct immediate problem areas. He stated that
the Public Works Director had presented Council
with a 11st of protect priorities at a cost of $1.2
million, and staff now asked for authorization to
seek the services of a consulting engineer as well
as the appointment of Mayor Kelly and one other
member of the Council to serve on a subcommittee to
assist in meeting with various property owners who
will be impacted by this ordinance. He felt that
the City should initially focus on Portola Avenue
and Cook Street improvements for earliest possible
completion but also look at our financing plan and
see how it dovetails with other projects such as the
curb and gutter project.
Councilman Wilson so moved and Councilmember Jackson :seconded the
motion. Motion carried by unanimous vote.
4. NEWMAN CENTER REOUEST & GREEN BELT PALMA VILLAGE
PLAN.
Councilman Wilson moved to convey to the Planning Commission that
although the Council is desirous of implementing the Palma Village
Specific Plan, at this time it would not be practical to impose those
development standards on this particular remodeling project, and it
should be processing with parking adjacent to the facility. Council -
member Jackson seconded the motion. Motion carried by unanimous vote.
Councilmember Benson stated that she voted for the motion with the
understanding that it applied only to this particular project because
the City wanted to implement the Plan when it had money to develop it as
a compliment to the area. Councilman Wilson concurred and said that
was the intent of his motion.
B. CITY ATTORNEY
1. CLAIMS BY TENANT OF THE TOWN CENTER FIRE STATION.
Mr. Erwin stated that we were getting close to the
end of the road with these complaints and that a
meeting was being scheduled for the first of December
with staff and one member of the City Council
because there may be some dollar amount involved
which could be in excess of $33,000. Council agreed
that Mayor Kelly should represent the Council.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
Councilman Wilson, for the sake of discussion, suggested
that the City Council do away with Study Sessions prior
to Council meetings and instead change the ordinance
setting meeting times so that it convened at 4 p.m.
Staff could be instructed to restructure the agenda in
such a way that discussion items take place between 4 and
6 p.m., dinner between 6 and 7 p.m., and public hearings
set for 7 p.m. Additional study session or discussion
material not covered between 4 and 6 p.m. could be
carried over to the end of the agenda or after the public
hearings.
8
MINUTES
REGULAR CITY COUNCIL MEETING
NOVEMBER 14, 1985
• . • • • • • . . • • • • . . . • • • • • • • • •
He went on to say that the purpose for this suggestion
was his feeling that the public was not aware that they
are welcome at study sessions. He said these sessions
are conducted in an informal environment that sometimes
does not give the public a chance to see and hear public
business being discussed. He said that by changing the
procedure so that it takes place in the Chamber and so
informing the public it was welcome for the entire
session, it would be in its best interest. He stated
that his concern was that often times Council really, by
coming to a consensus in study session, was making a
decision, and the item was then not fully discussed with
viewpoints of Councilmembers fully stated in the formal
meeting.
Councilmember Benson disagreed and said that the public
is welcome at study sessions. She felt these meetings
were less formal and thus less intimidating both for
staff and the public.
Councilmember Jackson said while she was reluctant to
change the meeting schedule, she would be willing to do
so on a temporary trial basis.
Councilman Wilson moved to adjourn the November 21st City Council
meeting to 4 p.m. on Thursday, December 12, 1985, and reorganize the
City Council agenda on a trial basis for this meeting schedule. Council -
member Jackson seconded the motion. Motion carried on a 3-2 vote with
Councilmembers Benson and Snyder voting NO.
XVII. ADJOURNMENT
Upon motion by Jackson, second by Wilson, and unanimous vote of
the Council, Mayor Snyder adjourned the meeting to 5:30 p.m. on Thursday,
November 21, 1985.
ATTEST:
r
SHEILA R. GJ.— fIGAN, CITYALERK
CITY OF PALM DESERT, CA FORNIA
RICHA
D S. KELLY, MAYOR
9