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HomeMy WebLinkAbout1986-07-10MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING THURSDAY, JULY 10, 1986 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * I. CALL TO ORDER * * * * * * * * • Mayor Kelly convened the meeting at 4:05 p.m. in memory of Mayor Pro-Tem Phyllis Jackson, who had recently passed away. He stated that the Council had discussed cancelling this meeting in order to honor her; however, she would have been the first one to want business to continue as usual. II. PLEDGE OF ALLEGIANCE - Councilmember Benson III. INVOCATION - Councilman Snyder IV. ROLL CALL Present: Councilmember Jean Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos Ortega, Assistant City Manager Doug Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works V. SPECIAL AWARDS AND PRESENTATIONS A. VISITORS FROM SISTER CITY GISBORNE, NEW ZEALAND Mayor Kelly introduced Deputy Mayor Brian Crawshaw and his wife, Gwendolyn, visiting Palm Desert from Gisborne, MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • New Zealand. He presented both with City of Palm Desert lapel pins and welcomed them to the City. Mr. Crawshaw presented the Council with glasses in recognition of the Sister City relationship and stated that the Counc i i members must drink from these glasses every time they travel to Gisborne. B. PRESENTATION OF MAYOR'S AWARD OF EXCELLENCE. Mayor Kelly stated that the purpose of this award is to acknowledge an employee who sets an example of giving of himself in the community without regard for remuneration or reward. Employees were nominated by, and the winner was selected by, members of the community. He read the proclamation honoring Mr. Chris Nevins as the winner of this first year's award and stated that Mr. Joe Pudis and Mr. Naning San Pedro were the other two employees nominated. He added that it was a very difficult decision for the judges to make, since all three were very representative of the type of employees at the City. He noted that Mr. Pudis and Mr. San Pedro would each receive a $50 gift certificate to be used at the Palm Desert Town Center, while Mr. Nevins received two nights' lodging at the Marriott Hotel in Newport Beach, plus $100 spending money. Mayor Kelly presented City of Palm Desert lapel pins to all City employees, stating that he could not remember when he last heard a complaint about any employee at the City and that the Council appreciated the type of service being provided to the community by the staff. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 26, 1986. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-122 and 86-123. Rec: Approve as presented. 2 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Lakes Country Club Association, Inc., for The Lakes Country Club, 75-375 Country Club Drive, Palm Desert. Rec: Receive and file. D. NOTICE OF COMPLETION for Contract 00-106C - Homestead Road/Alamo Drive Storm Drain Project. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject contract. E. REQUEST FOR AWARD OF CONTRACT #00-123 for Traffic Signal Design at Portola Avenue and Magnesia Falls Drive. Rec: By Minute Motion: 1) Authorize the Mayor to enter into an agreement with ASL Consulting Engineers for the subject work in the amount of $7,500; and 2) Authorize the appropriation of $7,500 and a ten percent contingency reserve for the contract in the amount of $750. F. REQUEST FOR APPROVAL of Transfer of Funds within the Public Works Department Budget for the Purpose of Balancing Line Accounts for Fiscal Year 1985/86. Rec: By Minute Motion, transfer funds as follows for fiscal year 1985/86: From 4510-102 to 4503-102 - $8,352.00 From 4502-232 to 4503-102 - $5,000.00 From 4510-233 to 4503-242 - $1,000.00 G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for High School Access Road (Contract #00-108C). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. 3 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • • • • • • • • • • • • • • H. REQUEST Mortgage Rec: JULY 10, 1986 • • • • • • • • • • • FOR APPROVAL to Refund $142,745.40 to National and Land from Fiscal Year 1984/85 Revenues. By Minute Motion, authorize the refund of $142,745.40 to National Mortgage and Land (100% refund for Construction Tax - $124,502.40; Ordinance No. 266 - $14,400.00; and Job Valuation Fees - $3,843.00) from Fiscal Year 1984/85 Revenues for 144 units which were not started. I. REQUEST FOR APPROVAL of Change Order No. 10 to Contract 00-115C in the Amount of $13,187.50 for Assessment District 83-1. Rec: By Minute Motion, approve Change Order No. 10 in the amount of $13,187.50 for Assessment District 83-1. J. RESOLUTION NO. 86-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING STREET NAME CHANGES FOR STREETS WITHIN TRACTS 11636, 17794, 19824, AND 20817. Rec: Waive further reading and adopt. K. REQUEST FOR AWARD OF CONTRACT 400-082C (1101) for Portola Avenue Widening from Country Club Drive to Chaparral Country Club entrance. Rec: By Minute Motion, award Contract #00-082C (1101) to Massey Sand & Rock Company in the amount of $187,304.42 and authorize a ten percent contingency reserve for the contract in the amount of $18,730.44. Upon motion by Snyder, second by Benson, the Consent Calendar was approved as presented by unanimous vote. VII. ORAL COMMUNICATIONS - A None 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • VIII. RESOLUTIONS A. RESOLUTION NO. 86-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING IN PRINCIPLE DEVELOPMENT OF A UNIFORM FEE ON NEW CONSTRUCTION FOR LOCAL AND REGIONAL TRANSPORTATION SYSTEM DEVELOPMENT BY ALL GENERAL PURPOSE LOCAL GOVERNMENTS IN THE COACHELLA VALLEY. Mr. Altman reviewed the memo from Councilman Snyder, noting that Council had asked that this matter be taken to the Coachella Valley Association of Governments. The Executive Committee had discussed it and unanimously requested that each city pass a resolution endorsing in principle the adoption of a uniform transportation fee on new construction. He added that it had also been sent to the City of Indio and the City of Indian Wells, who were not members of C.V.A.G. Councilman Snyder stated that the philosophy behind this was that if all the cities agree in principle, each would be asked to appoint a person to serve on an ad hoc committee to see how this could be implemented. .Upon motion by Wilson, second by Benson, Resolution No. 86-81 was adopted by unanimous vote. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • XI. NEM BUSINESS A. REQUEST FOR APPROVAL of Time Extension for Agger Electric for College of the Desert Ballfield Lighting Project (Contract No. 00-073-1). Mr. Altman reviewed the staff report, noting that the delays on this project were beyond the control of the contractor. He recommended approval of the request. Councilman Snyder moved to, by Minute Motion, approve the time extension for Agger Electric to September 9, 1986, for completion of the College of the Desert Ballfield Lighting Project. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR CONCURRENCE WITH PLANNING COMMISSION DECISION for Proposed Major Department Store Expansion at Palm Desert Town Center. Mr. Diaz reviewed the staff report in detail, noting that the Council was being asked for an official opinion, not formal approval, as to the receptivity of the possible expansion of the major stores at the Palm Desert Town Center. Mr. Hahn stated that the purpose of this request was to assure the existing four major department stores that the expansion of Robinson's from 110,000 square feet to 133,000 square feet did not preclude their expansion, provided all applicable development standards are met. He added that any parking spaces lost as a result of the expansion would be replaced as part of the development agreement. Councilman Wilson moved to, by Minute Motion, reaffirm the comments of the Planning Commission that the City would be receptive to the possible expansion of Palm Desert Town Center major department stores, subject to meeting applicable development standards. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL to Install Traffic Diverters for San Gorgonio Avenue. Mr. Diaz reviewed the staff report and recommendation. 6 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 11• • • • • • • * * • • • • • • • • • • • • • • • • Mr. Folkers stated that staff intended to send out information to all the people in that area explaining this program. Councilman Snyder moved to, by Minute Motion, authorize staff to prepare necessary documentation to commence with installation of diverters for San Gorgonio Avenue, provided that letters are sent to all homes in that area explaining the program and stating that it would be done for a trial period of time. Motion was seconded by Benson and carried by unanimous vote. D. INFORMATION ITEMS 1. SAN PASCUAL/FRED WARING DRIVE TRAFFIC MEETING. 2. HIGHWAY 111 FAU WIDENING PROJECT. Items 1 and 2 were Information Items only. No discussion or action was necessary by the Council. 3. BOB HOPE CULTURAL CENTER DESIGNATION ON 1-10. Mr. Altman reviewed the staff memo dated June 19, 1986, noting that one of the requirements was that the facility must be located not more than two miles from the state highway upon which the signs are to be placed; the Cultural Center is further than two miles from 1-10. Councilman Snyder moved to, by Minute Motion, direct the Mayor to send a letter to Senator Presley relative to relaxing requirements for Bob Hope Cultural Center directional signs on I-10. Motion was seconded by Benson and carried by unanimous vote. XII. CONTINUED BUSINESS A. RESOLUTION NO. 86-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING A PORTION OF RIGHT-OF-WAY KNOWN AS SILVER SPUR TRAIL AS A NO PARKING AREA (Continued from the Meeting of June 26, 1986.) Mr. Folkers stated that he had met with citizens and members of the Board of Silver Spur Association to mitigate any concerns they might have. He added that no parking signs would be installed and curbs painted red 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 • • • • * • • * • • • • • • • • • • • • • • • • • on narrow streets where both parking and traffic could not be accommodated. Upon motion by Wilson, second by Snyder, Resolution No. 86-67 was adopted by unanimous vote of the Council. B. PRESENTATION OF NORTH SPHERE ECONOMIC ANALYSIS (Continued from Meetings of June 12 and June 26, 1986). Mr. Diaz introduced Shant Agajanian from Williams & Kuebelbeck, the firm which prepared this analysis. Mr. Agajanian gave an overview of the North Sphere Economic Analysis (on file and of record in the City Clerk's Office). After considerable discussion, Councilman Wilson moved to, by Minute Motion, accept the report as an economic analysis only, with the economic data to be used for continued study of the North Sphere area. Motion was seconded by Snyder and carried by unanimous vote. XIII. OLD BUSINESS None XIV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Altman reported that the Marriott had requested an extension of working hours in order to get the facility open as soon as possible. Mr. Patrick Conlon, Director of Building & Safety, stated that the work would be done within the structure itself. He recommended the request be approved subject to the following stipulations: No earth moving work, no on -site work after normal working hours, no exterior work, no landscaping, and no work outside of the site. Councilman Wilson moved to, by Minute Motion, grant the request for extended working hours, subject to the above mentioned stipulations. Motion was seconded by Snyder and carried by unanimous vote. 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • 2. Mr. Ortega distributed a staff report relative to the 1986/87 Fire Tax Assessment and recommended adoption of Resolution No. 86-83 levying a special tax pursuant to section 53978 of the Government Code for fire protection and prevention services for fiscal year 1986/87. Upon motion by Snyder, second by Wilson, Resolution No. 86-83 was adopted by unanimous vote of the Council. 3. NORTH SPHERE PLANNING PROCESS Mr. Ortega distributed a resolution directing that a survey of the North Sphere be done to determine what,kinds of redevelopment projects are feasible for the area. Upon motion by Wilson, second by Snyder, Resolution No. 86-84 was adopted by unanimous vote of the Council. 4. Councilmember Benson questioned the concept of land banking mentioned by Mr. Agajanian in his presentation and asked what precautions would be taken to protect this land. She felt something should be done to guarantee that only the type of development desired by the City is allowed. Mr. Diaz responded that the only protection would be for the City to declare a moratorium on all develop- ment within that area. He stated that the Council may wish to instruct staff to investigate with the City Attorney the possibility of declaring a moratorium on either the entire planning area or only on portions of the planning area depending on sensitivity to future planning efforts. Councilman Wilson stated that in the long run this would be to the advantage of all the property owners in that area not to allow any development that would detract from the quality of the area. Councilmember Benson moved to, by Minute Motion, direct staff to come back at the next Council meeting with a report and recommendation describing options of a total or partial moratorium on development, including pros and cons. Motion was seconded by Wilson and carried by unanimous vote of the Council. 9 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 • • • • • • • • • • • • • • • • • • • • • -• • • • 5. Mr. Altman requested a brief Closed Session under Government Code Section 54956.9 (a), (b), and (c), for the purpose of discussing pending litigation. B. CITY ATTORNEY 1. Mr. Phillips stated that the Grant of Easement had been received pertaining to the public hearing on the high school access road. It needed to be accepted by the Council, signed by the Mayor, and sent to the County Recorder's Office. He added that the public hearing would still have to be opened and closed as usual, but it was not necessary to adopt the resolution. C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. EMERGENCY CALLBOX SYSTEM Councilman Wilson stated that a memo had been received from Councilman Snyder as Chairman of CVAG relative to emergency callboxes along the highways. He added that he would like to see the City move quickly on this matter and recommended that staff put it on the next Council Agenda for action. Councilman Snyder stated that CVAG felt this was a very important program and one that was definitely needed on our freeways. 2. Councilman Wilson asked the status of a letter from Mayor Kelly to the Attorney General relative to the Red Onion situation. Mr. Ortega responded that per a memo to the City Manager, the District Attorney and Attorney General had advised the City to stand by until they complete their investigation and report. 3. Councilman Wilson recommended that the new type of microphone used by the Mayor at this meeting be installed for all the Councilmembers, since it picked up his voice even when he was not speaking directly into it. Council concurred. 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 • • * • a • a a • • • • • a • * • • • • • • • • • 4. Councilmember Benson stated that she would like to call up the Ahmanson, Santa Anita, and Birtcher-Dunham Developments. Mr. Diaz responded that it was too late to call up the Birtcher-Dunham Development which was approved a number of months ago. However, the Council could review it if it so wished. Council concurred. 5. Mayor Kelly expressed concern with the Civic Center's telephone system, especially with the long outages in the last few weeks. He stated that the telephones were down until noon on the morning of July 8th after the earthquake. He felt after all the hard work to establish good will with the citizens, it must be very frustrating for them to call the City Hall and get no answer. Councilman Wilson agreed and added that he had received a message at home from a caller who was unable to get through. Councilman Snyder stated that he, too, had received many calls the morning of the earthquake and agreed that something had to be done to remedy the situation. With Council concurrence, staff was directed to explore alternative telephone systems and report back to the Council at one of the next two meetings. 6. Mayor Kelly asked the Council their feelings about replacing Councilmember Jackson. Councilman Snyder stated he felt the position should remain vacant until the November election, and the citizens should decide who will serve on the Council. Councilman Snyder moved to, by Minute Motion, allow Councilmember Jackson's seat on the Council to remain vacant until the November, 1986, election. Motion was seconded by Wilson and carried by unanimous vote. 11 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10, 1986 . . . . . . . . . . . . . . * . . * . . . . * . . 7. Councilman Wilson stated that there had been some confusion about whether or not there would be a Council meeting on July 24th inasmuch as the League of California Cities conference in Monterey was to be held during that same week. With Council concurrence, reservations for the Monterey conference were cancelled, and the July 24th City Council Meeting was rescheduled. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 5:45 p.m. to Closed Session under Government Code Section 54956.9 (a), (b), and (c) for the purpose of discussing pending litigation. He reconvened the meeting at 6:05 p.m. with no action taken or announced and immediately recessed for dinner. The meeting was reconvened at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - B MR. SANDY BAUM, 45-800 Deep Canyon Road, Palm Desert, addressed the Council about the newly erected "No Parking" signs on Highway 111 and objecting to how many had been put up and that they were too close together. He said they were an eyesore. Mayor Kelly advised that Mr. Folkers would investigate the matter with Caltrans and let Mr. Baum know of any response the City received. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT DOMAIN (G. K. Ranney, Inc., Property Owner). Mr. Erwin advised that the City had received a deed from the owner of the property in question and that the eminent domain procedure was no longer necessary. 12 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JULY 10. 1986 * * * * • * * • • • * * • * * * • * • * • * • • • Mayor Kelly invited testimony in case anyone had attended the meeting to be heard. No one spoke. With no action required, Council took none. B. REQUEST FOR APPROVAL TO ACQUIRE EASEMENTS FOR SOUTHERN CALIFORNIA EDISON COMPANY FOR ASSESSMENT DISTRICT 84-1. Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Warren Diven, special legal counsel for the City for this assessment district, addressed Council, explained the status of negotiations, and recommended that the City Council adopt a resolution of necessity ordering eminent domain proceedings. Mayor Kelly invited public testimony, and none was offered. He declared the hearing closed. Upon motion by Snyder, second by Benson, Resolution No. 86-85 was adopted by unanimous vote of the Council. XIX. ADJOURNMENT Councilmember Benson stated that she and other Councilmen had attended a program put on by Southern California Edison wherein energy -saving recommendations were made. She suggested that the Planning Commission invite Mr. Kermit Martin of SCE to one of its meeting to receive the same information. Mr. Altman said he would make such arrangements for the Commission. Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 7:15 p.m. ATTEST: SHEILA R. GILLIIGAN, CITY CLERK CITY OF PALM DESERT, C LIFORNIA RICHAKD S. KELLY,`lAYOR 13