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HomeMy WebLinkAbout1986-04-24MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 24, 1986 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Jean Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Mayor Pro-Tem Phyllis Jackson Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.1.O. Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Mr. Frank Allen, Director of Code Enforcement Mr. Carlos Ortega, Assistant City Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 10, 1986. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-096, 86-098, 86-101. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Renzo Valle 8 Associates for Sorrentino's Palm Desert, 73-725 El Paseo, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Michael E. Howell for Desert Falls Country Club, 1111-1/2 Desert Falls Parkway, Palm Desert. Rec: Receive and file. E. RESOLUTION NO. 86-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A GIFT TO THE CITY AS A WHOLE. Rec: Waive further reading and adopt. F. RESOLUTION NO. 86-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING REPRESENTATIVES OF THE CITY OF PALM DESERT TO ACQUIRE FEDERAL SURPLUS PROPERTY. Rec: Waive further reading and adopt. G. RESOLUTION N0. 86-40 - 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. 2 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Rec: Waive further reading and adopt. H. RESOLUTION NO. 86-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS ON BEHALF OF THE CITY OF PALM DESERT. Rec: Waive further reading and adopt. I. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS for an Asphalt Dual Drum Roller with Rear Steering and Walkboard. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for same. J. REQUEST FOR RELEASE OF BONDS for Tract No. 14079, Kaufman & Broad, Applicant. Rec: By Minute Motion, accept the tract as complete and authorize the City Clerk to release the Faithful Performance and Labor & Material Bond for the one-year maintenance period. K. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS for a Tag -Along Air Compressor. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for a tag -along air compressor. L. REQUEST FOR AWARD OF CONTRACT NO. 00-108 to Metzger & Associates for the High School Access Road. Rec: By Minute Motion, authorize the Mayor to enter into a contract with Metzger & Associates in the amount of $3,600 for the subject project and appropriate said amount for payment thereof. M. REVENUE AND EXPENDITURE REPORT as of February 28, 1986. Rec: Receive and file. 3 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • N. REQUEST FOR APPROPRIATION from Civic Arts Committee for Joanna Hodges Plaques and Additional Monies Required for Construction of Lobby Display Cases. Rec: By Minute Motion, approve the request and appropriate $1,796 to Account No. 01-4115. 0. REQUEST FOR AWARD OF CONTRACT NO. 00-110 for Storage Building and Shelving at the Senior Center. Rec: By Minute Motion, award Contract No. 00-110 to A. J. Anderson, General Contractor, in the amount of $9,948.00 with an additive alternate of $288.00. Councilmember Benson asked that Item "0" be removed for discussion under Section IX of the Agenda, "Consent Items Held Over." Upon motion by Snyder, second by Wilson, the Consent Calendar, except Item "0", was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VI1. RESOLUTIONS A. RESOLUTION N0. 86-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANIZATION KNOWN AS "PALM DESERT ANNEXATION N0. 20", PURSUANT TO SECTION 56653 OF THE GOVERNMENT REORGANIZATION ACT. (North Side of Frank Sinatra Drive, Opposite Del Safari Country Club) Upon motion by Snyder, second by Wilson, Resolution No. 86-42 was adopted by unanimous vote of the Council. 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 462 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING AND PROHIBITING SMOKING. Mr. Frank Allen explained that a committee had been formed at Council's direction, and this committee, made up of residents, business people, and representatives of special interest groups such as the Lung Association, had reviewed several different ordinances. Upon completion of this review, it was the committee's recommendation that the ordinance before the Council be enacted. He noted that the proposed regulation was a modified version of the ordinance Rancho Mirage had enacted. Upon question by Council, Mr. Erwin responded that an infraction was a fine -- $50 for a first offense, $ 1 00 for a second, and $250 for a third. Councilmember Benson said she favored the 50% requirement for restaurants as had been enacted in Indio. Councilman Wilson said he felt the market would dictate a higher percentage in that if a restaurant found that the 25% was not enough, it could raise it to 80% if it so desired. The following members of the committee spoke in support of the proposed ordinance and in appreciation of Mr. Allen's assistance to the group: MS. LOIS MALL, Lung Association MR. HARRY HOYT, 72-311 Maryvale, Palm Desert Upon motion by Benson, second by Wilson, Ordinance No. 462 was passed to second reading by unanimous vote. For Adoption: None 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • IX. CONSENT ITEMS HELD OVER 0. REQUEST FOR AWARD OF CONTRACT NO. 00-110 for Storage Building and Shelving at the Senior Center. Counciimember Benson asked where the funding came from for this work, and Mr. Ortega responded it was money from the City of Indian Wells. He also reported that at a preconstruction meeting, the contractor had advised he did not have liability insurance but that he was trying to get it. He recommended Council go ahead and award the contract with instruction to staff to not issue a Notice to Proceed until such time as the contractor has presented proof of insurance. Councilman Wilson so moved and Councilman Snyder seconded the motion. Motion carried by unanimous vote. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF COUNTRY CLUB DRIVE WIDENING PROJECT NEAR MONTEREY AVENUE. Mr. Folkers reviewed the report and recommendation. Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 86-43, designating the City of Rancho Mirage as the lead agency for this widening project; 2) by Minute Motion, authorize the Mayor to enter into Cooperative Agreement No. 00- 1 1 1 with the City of Rancho Mirage. and 3) by Minute Motion, appropriate $125,000 from the Unappropriated Street Reserves for the engineering and construction. Councilman Snyder seconded the motion. Motion carried by unanimous vote. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. SUBCOMMITTEE REPORT ON 32-ACRE SITE AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND FRED WARING DRIVE, DAWN GOLDIE, APPLICANT. Mr. Diaz reported that the committee had reviewed the hotel/retail proposal and had a concern about the retail 6 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • commercial type proposed for the property. He showed a site plan of the project which included two options for retail location, parking, hotel facilities, etc. Upon question by Councilman Wilson, Mr. Diaz responded that the proposal was for 130 shops and 19 restaurants for a total retail of 150,000 sq. ft. Councilman Wilson said he felt it was placed wrong in that there was too much parking and retail up front along Highway III. He never saw the property being used for retail but rather hotel/bungalows. He didn't like the balance of the mix as it looked like just another shopping center. He said Council's concern was about excessive commercial and heights, and this proposal did not alleviate those concerns. Councilmember Benson concurred and said the property should be used for a very deluxe hotel, and she was highly opposed to it being three stories. Mayor Kelly said that the Council had stated at least 20 times that it should be hotel with shops that support it -- not a major commercial center such as this proposal. Mr. Diaz stated that the Planning Commission in this review had recommended that the Hoames Pool property somehow be included in this proposal and if necessary, the Redevelopment Agency should purchase it to include it. With Council concurrence, Mayor Kelly asked that staff relay Council's concerns and comments to the applicant. REQUEST FOR FINANCIAL ASSISTANCE BY THE TOWN CENTER APARTMENTS. Mayor Kelly advised that the owner of the Town Center Apartments had requested time on the agenda to discuss with Council an item he felt they had overlook at its last meeting relative for financial assistance. He noted that the City Clerk had provided Council - members with a copy of a staff report from that meeting as written by Mr. Carlos Ortega. Mr. Ortega elaborated on his memo by saying that while granting the request would be a legal use of the 20% Redevelopment funds, three things had to be addressed first: 1) A 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • determination of Just what could not be accomplished in this remodeling project without this financial assistance; 2) What commitment would the owner be willing to make to ensure the units remained affordable; and 3) how does the Agency respond to other similar requests from remodeling projects without undertaking the Palma Village Specific Plan as a whole? MR. MICHAEL RUBIN, General Partner of Town Center Apartments, described the project and said it had been their intention from the beginning to ask for financial aid after discussing the 20% Rede- velopment monies with staff members. He said the money was needed for a complete grading and landscaping plan for the protect and that they were willing to continue renting at affordable rates. Upon question by Councilman Wilson, Mr. Ortega responded that the specifics had not been discussed so that agreements could be reached. Mayor Kelly said that until such agreements could be recommended, Council was not in a position to take action. Councilman Snyder said the City was no "deep pockets" organiza- tion that rushed out to help every developer who asked. He said there had to be a definite plan for this type of program, and he did not feel ready at this point to begin offering financial aid without seeing the whole picture which would include others who might need help. Councilman Wilson said the 20% set -aside of Redevelopment funds had to be used for low and moderate housing and the Council had in approving the Palma Village Specific Plan designated that area for this type of assistance. He suggested that staff meet with the developer to work out specifics for Council consideration as well as answers to the questions raised by Mr. Ortega. Upon suggestion by Mr. Altman, Council directed staff to meet with the protect owners, establish some guidelines, and come back to the City Council with a specific plan and recommendation. Upon motion by Benson, second by Snyder, and unanimous vote, Mayor Kelly adjourned the meeting to Closed Session under Section 54956.9(b) of the Government Code at 5:30 p.m. Mayor Kelly reconvened the meeting at 5:45 p.m. and said no action had been taken in Closed Session. He announced that the City Council would be interviewing Mr. Robert Royer 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • and Mrs. Susan Mack as candidates for appointment to the Parks & Recrea- tion Commission, after which it would recess until 7 p.m. Mayor Kelly reconvened the meeting at 7 p.m. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - 8 None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT TO PARKS & RECREATION COMMISSION TO FILL VACANCY CREATED BY RESIGNATION OF FREDERICK THON. (Continued from the Meetings of March 13 and April 10, 1986.) Mayor Kelly reported that the Council had received a letter from Reverend Daryl Bjerke in which he resigned his position on the Parks & Recreation Commission. Councilman Wilson moved to accept the letter of resignation with sincere regret, and Councilman Snyder seconded the motion. Motion carried by unanimous vote. Councilman Wilson nominated Susan Mack to fill the unexpired term of Frederick Thon which will expire in 1987. No further nominations were offered. Councilmember Benson nominated Robert Royer to fill the unexpired term of Reverend Daryl Bjerke which will expire in 1988. No further nominations were offered. Susan Mack and Robert Royer were appointed to the Parks & Recreation Commission by unanimous vote of the Council. Councilmember Benson suggested writing letters to all those who applied for these positions in that the applicants were really excellent, making the selection very difficult. 9 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 a a • a * a a a • • * a a a • a • a • a • • * * • XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF DEVELOPMENT AGREEMENT SPECIFYING TERMS FOR LOWER INCOME RENT CONTROLS FOR 20% OF A 20-UNIT SENIOR HOUSING PROJECT TO BE LOCATED AT THE SOUTHWEST CORNER OF CATALINA WAY AND SAN CARLOS. Mayor Kelly declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the report and recommendation from the Planning Commission. Mayor Kelly invited testimony in FAVOR of the project, and the following spoke. MR. FRANZ TIERRIE, Applicant. Mayor Kelly invited testimony in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Upon motion by Snyder, second by Benson, Ordinance No. 463 was passed to second reading by unanimous vote of the Council. B. CONSIDERATION OF AN AMENDMENT TO AN APPROVED PRECISE PLAN FOR A 26 UNIT HOUSING DEVELOPMENT AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE TO RELOCATE GARAGES AND CREATE THROUGH CIRCULATION AND AMENDMENT TO A 25% DENSITY BONUS DEVELOPMENT AGREEMENT PROVIDING CONTROLLED LOW/MODERATE RENTAL RATES. Mayor Kelly declared the Public Hearing open and asked for staff's report. Mr. Diaz reported that Council had scheduled a public hearing for May 8th to consider the street vacation necessary to make this project viable. He asked that Council continue consideration of this request until that meeting. Mayor Kelly invited testimony relative to this request, and none was offered. 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Upon motion by Wilson, second by Snyder, the item was continued to the May 8, 1986, meeting by unanimous vote of the Council. XVII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilmember Benson asked if there was some way of noting on letters to Council what has been done to respond. Mrs. Gilligan stated notations would be made in the future indicating "Mayor responded", "to City Manager for input", etc. Councilman Wilson said that the Civic Arts Committee had hosted a reception for all gallery owners in the City and that the function had been very successful. He noted the Committee's participation in the recent Joanna Hodges Piano Competition and its hosting of the All Desert Art Show at the Town Center a week ago. He said it was a hard-working committee which was doing an outstanding job, and he suggested that the Mayor write each member a letter saying just that. Mayor Kelly said he would be pleased to do so and added his pride at the awards presentation for the Joanna Hodges Piano Competition. He said the City of Palm Desert gets a good deal of attention from this event, and the Committee's efforts were outstanding. Mayor Kelly reported on his recent trip to Sacramento relative to SB 1965 and 1990. He said both bills had In essence been killed. Councilman Snyder stated his support of keeping in touch with Sacramento by sending Councilmembers or staff on a very regular basis if for no other reason to meet with our 11 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 24, 1986 • • • • • • • • • • • • • • • • * • * • • • • • • legislators or their representatives to keep them informed about our needs and desires. Mr. Altman said that staff was prepared to recommend a fund in next year's budget to accommodate this type of activity. XVIII. ADJOURNMENT Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 7:30 p.m. ATTEST: /l e -'SHEILA R. GILLIGAN, CI'Y CLERK CITY OF PALM DESERT,'CALIFORNIA 12 RICARD S. KtLLY, MAY