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HomeMy WebLinkAbout1986-06-121 1 MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 12, 1986 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • I. CALL TO ORDER • • • • • • • • • • • • • • • • • City Clerk Sheila Gilligan convened the meeting at 1:00 p.m. and adjourned to 4:00 p.m. for lack of a quorum. Mayor i<eliy reconvened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Jean Benson Mayor Pro-Tem Phyllis Jackson Councilman Walter H. Snyder Councilman S. Roy Wilson (arrived at 4:50 p.m.) Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.1.0. Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Patrick Conlon, Director of Building 8 Safety John Wohlmuth, Administrative Assistant V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 22, 1986. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • - • • • • • • • • ' • • • • • • • • • • • • • • • 4 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-107, 86-112, 86-113, and 86-115. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Red Barn, Inc., for The Red Barn, 73-290 Palm Desert Drive, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gourmet International, Inc., for Le Gourmet International, 72-624 El Paseo, #C-8, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE• by Desert Liquor, Inc., for Palm Desert Wine & Spirits, 74-115 Highway 111, Palm Desert. Rec: Receive and file. F. CLAIM AGAINST THE CITY by Paul Longoria in the Amount of $60.88 for Alleged Damages to his Automobile. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. G. REVENUE AND EXPENDITURE REPORT as of March 31, 1986. Rec: Receive and file. H. NOTICE OF COMPLETION for Whitewater Channel (Contract No. 1087) and San Pablo (Contract No. 00-074) Bikeways. Rec: Accept the work for Contract No. 1087 and Contract No. 00-074 as complete and Instruct the City Clerk to file Notices of Completion. 2 1 1 1 1 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • I. APPROVAL OF CONTRACT 400-127 for Appraisal Services for Easements for Southern California Edison Company for the North Sphere Assessment District No. 84-1. Rec: By Minute Motion, authorize the Mayor to enter into an agreement with Metzger and Associates in an amount not to exceed $4,000 for appraisal services covering twenty-five easements located in the North Sphere Assessment District 84-1, and authorize the appropriation of $4,000 for said expenditure. J. RESOLUTION NO. 86-55 - 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. K. RESOLUTION NO. 86-56 - 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. L. RESOLUTION NO. 86-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 85-121, ORGANIZATION OF THE CIVIC ARTS COMMITTEE, AS IT RELATES TO MEMBERSHIP. Rec: Waive further reading and adopt. M. REQUEST FOR APPROVAL of Final Tract Map 19619 (Marriott's Desert Springs Resort). Rec: By Minute Motion, approve Resolution No. 86-58 approving Tract Map 19619. 3 Q. REQUEST FOR AWARD OF CONTRACT #00-131 for Street Sweeping Services. Rec: MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 N. REQUEST FOR AWARD OF CONTRACT #00-128 for Tag -Along Air Compressor. Rec: By Minute Motion, award the contract for a tag -along air compressor to Golden State Equipment Comany, Inc., in the amount of $9,487. 0. REQUEST FOR AWARD OF CONTRACT #00-129 for Asphalt Drum Roller. Rec: By Minute Motion, award the contract for an asphalt drum roller with rear steering and walkboard to Valley Wide Equipment Rentals 8 Sales in the amount of $6,805.20. P. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR CONTRACT #00-082C, Portola Avenue Widening. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the Portola II Avenue widening. By Minute Motion, authorize the Mayor to enter into a contract with Elgin Sweeping for sweeping services. R. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT #00-100 for Highway 111 FAU Widening Project. Rec: By Minute Motion, approve Change Order No. 1 In the amount of $6,478 for the subject project. S. REQUEST FOR APPROVAL to Release Bonds for Parcel Map 20217 (Birtcher-Dunham Properties). Rec: By Minute Motion, accept the subdivision as complete and authorize the City Clerk to release the Faithful Performance and Labor and Materials Bonds and accept a ten percent maintenance bond for a one-year maintenance period. 4 • MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • ... . . . . . . . . . . . . . • . . . . . . . . . . Upon motion by Benson, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 86-59 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING TIME AND PLACE FOR PUBLIC HEARING ON ADOPTION OF RESOLUTION OF NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN PROCEEDINGS - (For Parcels in North Sphere Assessment District 84-1) Mr. Folkers reviewed the staff report, noting that agreements had not been reached for several of the parcels and that eminent domain proceedings were necessary for the City to obtain the right-of-way. Councilman Snyder moved to adopt Resolution No. 86-59, setting the time and place for public hearing on adoption of Resolution of Necessity to order acquisition by eminent domain proceedings. Motion was seconded by Benson and carried by unanimous vote of the Council. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 465 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 27, GRADING, OF THE CITY MUNICIPAL CODE (Continued from the Meeting of May 8, 1986). Mr. Conlon reported that a committee consisting of himself, Councilmember Benson, Ray Diaz, Ken Weller, Joe Gaugush, Bob Pitchford, Ron Gregory, Al Cook and two outside contractors had met to consider the proposed amendments. He added that this amendment would bring the grading ordinance back to what .the City had before the flood zoning went into effect. Councilman Snyder compltmented staff and the committee for their efforts In correcting this ordinance. 5 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • • • • s s s s • s s s s • s s s • • s • • • Upon motion by Benson, second by Snyder, 'Ordinance No. 465 was passed to second reading by unanimous vote of the Council. B. ORDINANCE NO. 467 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES. Mr. Folkers reviewed the staff report and offered to answer any questions. Upon motion by Snyder, second by Benson, Ordinance No. 467 was passed to second reading by unanimous vote of the Council. For Adoptions None IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS .A. REQUEST FOR APPROVAL OF CONTRACT #00-132, COOPERATIVE AGREEMENT WITH THE CITY OF RANCHO MIRAGE FOR HIGHWAY 111 FAU WIDENING PROJECT FROM EL PASEO TO BOB HOPE DRIVE. Mr. Folkers reviewed the staff report, noting that Caltrans would be contacted with a request for some changes, such as Installation of the median for this project, which were not initially considered. Councilman Snyder moved to, by Minute Motion, authorize the Mayor to enter into a cooperative agreement with the City of Rancho Mirage for the subject project. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL TO PARTICIPATE WITH CITY OF INDIAN WELLS AND RIVERSIDE COUNTY ROAD DEPARTMENT IN CONSTRUCTION OF COOK STREET BRIDGE OVER WHITEWATER CHANNEL. Mr. Altman reviewed the staff report, noting that the recommendation was to authorize staff to contact the City of Indian Wells and the Riverside County Road Department regarding our participation in this project --there would 6 1 -MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • a • • • • • • • • • a • • • • a • • • • • • be no discussions about funding at this time. He offered to answer any questions. Councilman Snyder moved to, by Minute Motion, authorize the Public Works staff to contact the City of Indian Wells and the Riverside County Road Department regarding participation in the construction of the Cook Street bridge over the Whitewater Channel as the first phase of the Cook Street extension project. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF CONTRACT #00-133 WITH THE FIRM OF RICHARDS, WATSON, DREYFUSS 8 GERSHON TO PROVIDE LEGAL SERVICES AS NEEDED TO ADVISE ON CABLE TELEVISION RATE REGULATION MATTERS. Mr. Ortega reviewed the staff report in detail, noting that although the appropriation of $25,000 was requested, not all of that would go to the legal firm; most would be for other work that wi l 1 be necessary, such as an engineering study to see which signals on the air are able to be picked up by Palm Desert. He added that he had already received one proposal and was waiting for at least one additional proposal. Once a sufficient number of proposals Is received, it will come back for Council action. The contract with Richards, Watson, Dreyfuss & Gershon would be for the general interpretation of our ordinance and franchise contract. Mayor Kelly stated he did not feel it was right for our city to pay the complete cost for a service of this type which is needed by the other cities in the valley. Mr. Ortega responded that if the engineering study proved that our area was not able to pick up the signals, there would be additional costs involved. We could then approach CVAG and request assistance from the other cities in the valley. Councilman Snyder agreed that this program needed to move ahead, but he also agreed with Mayor Kelly that in this case we are fighting a situation which exists valley wide. The study would benefit all of the cities, and he felt the other cities should be contacted immediately for participation in the financing of this study. 7 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to, by Minute Motion: 1) Authorize the retention of the firm of Richards, Watson, Dreyfuss 8 Gershon as needed to provide advice with regard to the City's cable television franchise and our ability to continue to regulate Coachella Valley Television; 2) Appropriate $25,000 from the Unobligated Fund Balance to the Legal Services Fund; and 3) Direct staff to immediately contact other cities involved and request their participation in the funding of this study. Motion was seconded by Benson and carried by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF CONTRACT *00-134 FOR ECONOMIC DEVELOPMENT CONTRACTUAL PERSON. Mr. Altman reviewed the staff report and offered to answer any questions. Councilman Snyder moved to, by Minute Motion: 1) Authorize the retention of the firm of Williams, Kuebelbeck 8 Associates for $18,000 to provide staff assistance in the Economic Development Advisory Committee's program to attract select commercial enterprises to Palm Desert; and 2)Appropriate $18,000 from the Unobligated Fund Balance to the City Manager's budget. Motion was seconded by Benson and carried by unanimous vote of the Council. E. REQUEST FOR COUNCIL DIRECTION REGARDING PETITION FROM RESIDENTS NORTH OF THE PALM DESERT TOWN CENTER REQUESTING REMOVAL OF LIGHTING SHIELDS IN THE TOWN CENTER PARKING LOTS. Mr. Diaz stated that per current City Code, parking lot lights should not spill over into residential areas. However, residents north of the Palm Desert Town Center had requested the removal of lighting shields in the parking lots to provide additional lighting in their neighborhood. Upon question by Councilmember Benson regarding the cost of removing these shields, Councilman Snyder stated he understood that it was a relatively simple procedure and that perhaps staff could negotiate this cost with the Town Center. 8 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • s • • • • • • • • • • • • • • * • • • • • • • • Councilman Snyder moved to, by Minute Motion, authorize staff to request that the Town Center remove its lighting shields on a trial basis to allow parking lot lighting to spill over into residential areas. Motion was seconded by Benson and carried by unanimous vote of the Council. F. REQUEST FOR COUNCIL DIRECTION REGARDING SERVICE INDUSTRIAL ZONING. Mr. Diaz reviewed the staff report, noting that there was a section of the service industrial zoning which provides that "products manufactured and distributed must be Intended for a local usage within Palm Desert, its sphere of influence, and surrounding cove communities". Staff felt that this section was unnecessary and that its intent was covered in other sections of the code. It was also felt that this section makes it difficult to attract businesses to the City. Councilman Snyder stated that the industry of Palm Desert is tourism and semi -retirement and that we do not want the "smokestack category" of business in our city. He would go along with amending the code to delete this section as long as the intent was made clear as to what type of business will be allowed under this zoning. Councilman Snyder moved to, by Minute Motion, direct staff to prepare an amendment to Municipal Code Section 25.34.010 deleting the section providing that "products manufactured and distributed must be intended for a local usage within Palm Desert, its sphere of influence, and surrounding cove communities", and to include an explanation of what the City is trying to do In that zoning. Motion was seconded by Benson and carried by unanimous vote of the Council. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. PRESENTATION OF NORTH SPHERE ECONOMIC ANALYSIS. Councilmember Benson moved to continue this item to the IImeeting of June 26, 1986, to allow more time for the Council to look over the completed development study. Motion was seconded by Snyder and carried by unanimous vote of the Council. 9 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • COUNCILMAN WILSON ARRIVED AT 4:50 P.M. B. REQUEST FOR AWARD OF CONTRACT #00-097 FOR EMERGENCY GENERATOR SYSTEM. Mr. Altman reviewed the staff report, noting that only one bid had been received. It was staff's feeling that a better price could be obtained by negotiating in the open market. Upon question by Councilman Wilson, Mr. Altman responded that staff would then come back to Council for award of the contract. Councilman Wilson moved to, by Minute Motion: 1) Reject all bids and instruct the City Clerk to notify all bidders; and 2) Adopt, by 4/5 vote, Resolution No. 86-60 required by Section 20167 of the Public Contract Code, which permits staff to negotiate with qualified contractors to obtain the lowest price in the open market. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilmember Jackson ABSENT. C. REQUEST FOR AWARD OF CONTRACT #00-136 FOR NORTH SPHERE CONSULTING SERVICES. Mr. Altman reported that a reference check for the firm of Wallace, Roberts and Todd of San Franciso had been completed and that staff felt this was the best firm for these services. He added that the funds had been allocated in the Planning budget for 1986/87 and that it should be completed in approximately one year. Councilmember Benson stated that this firm was chosen because they had not done any previous work in this area and they were bringing in a fresh approach to making the North Sphere area the City's gateway. She added that they had done other projects throughout the United States and that we were getting the "cream of the crop". Councilman Snyder moved to award Contract #00-136 for North Sphere Consulting Services to the firm of Wallace, Roberts and Todd. Motion was seconded by Wilson and carried by unanimous vote of the Council. 1 10 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. YMCA BUILDING Mr. Altman distributed copies of a letter he had just received from the YMCA. He reminded Council that the YMCA would have to vacate the Youth Center by October and that they were looking for another building. He had indicated to them that the City would not know exactly where to put this building until the Civic Center site plan was completed. In the meantime, it had been suggested that they use Rutledge Park, and the letter had requested permission to do so. He recommended that staff be directed to work with the YMCA and property owners in that area to see whether or not there were any concerns. He added that staff would come back to Council with an agreement that the YMCA would lease the space from the City until such time as their permanent building was completed. Councilman Wilson asked what the procedure would be if there were objections from residents. Mr. Altman responded that there would either be an informal meeting or a public hearing if there were many objections. Councilman Snyder stated he felt it made sense to put the YMCA adjacent to the park. Councilmember Benson agreed, as long as the residents in that area know that Is a temporary structure. Councilman Snyder moved to, by Minute Motion, direct staff to proceed with whatever steps are necessary to move the YMCA to Rutledge Park temporarily, until the permanent building is completed. Motion was seconded by Wilson and carried by unanimous vote of the Council. 2. SB 2493 Mr. Altman reviewed a memo to the Council relative to Senate Bill 2493 which, if approved, would appear on the November 1986 ballot. If passed, the measure would make money available for libraries. 11 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 Councilman Wilson moved to direct the Mayor to make the necessary contacts to indicate the City's support of Senate Bill 2493. Motion was seconded Snyder and carried by unanimous vote of the Council. 3. PORTOLA FIRE STATION Mr. Ortega updated the Council on the progress of the Portola Fire Station, noting that several City employees had taken a tour of the station the previous Friday. He reported that it is proceeding in a timely manner and would be a very nice, well -constructed building. He distributed a list of furniture items requested by the Fire Department and added that the Council did not have to take any action at this time --he would be coming back to the Council with Change Orders for these items at a later date. 4. Mr. Altman requested a Closed Session.to discuss pending litigation. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. MARRAKESH STOP LIGHT Councilmember Benson questioned the status of a stop light at Marrakesh. Mr. Folkers responded that traffic counts indicated a signal was not warranted at this time. Councilman Snyder stated that at the time the Vintage proposal was submitted, one of the items discussed and agreed upon was that the City of Indian Wells would participate in 50% of the signal ization. He suggested that this be investigated. Mayor Kelly stated that at the south end of Deep Canyon there was a wall and some vacant property which was covered with nothing but weeds. Since the property belongs to the Vintage, he asked that this situation also be investigated to get the area cleaned up. 12 1 1 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • • • • • • • • • • • • * • • • • • • • • • • 2. SISTER CITIES CITIZENS COMMITTEE Councilman Snyder reviewed a memorandum from the City Clerk relative to formation of a Sister Cities Citizens Committee. He recommended the appointments of George Marzicola, Michael Grossman of the Bob Hope Cultural Center, Vonna Westfall and Sheila Benson as charter members of this committee. He added that the City Clerk would issue a press release asking anyone interested in serving on this committee to an application. Councilman Snyder moved to, by Minute Motion, appoint George Marzicola, Michael Grossman, Vonna Westfall, and Sheila Benson as charter members of the Sister Cities Citizens Committee. Motion was seconded by Benson and carried by unanimous vote of the Council. 3. Mayor Kelly asked the status of the improvements to the sound system in the Chamber. Mr. Diaz responded that he had received a quote from Mr. Vince Taylor, the money was budgeted, and it was just a matter of time before the work was completed. Councilman Wilson moved to adjourn the meeting at 5:15 p.m. to Closed Session to discuss pending litigation under Government Code Section 54956.9 (a). Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor Kelly recessed the meeting for dinner at 6:00 p.m. He reconvened the meeting at 7:00 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. ORAL COMMUNICATIONS - B MR. LEONARD HENDERSON, a Palm Desert businessman, 74-214 Highway 111, Palm Desert, addressed the City Council as a representative of the Riverside County Coalition Against Domestic Violence (R.C.C.A.D.V.). He said the purpose of his attending the meeting was that the organization was confused about a letter they had received from the City dated May 9, 1986. He said his group was requesting a fair share of funding from the City to assist them in their programs, such as the Outreach, and funding for emergency shelters. He said 13 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • that a similar letter had been sent to all cities in the Coachella Valley as well as the County of Riverside and had resulted in funding from Coachella in the amount of $8,850, Indio in the amount of $21,750, La Quanta in the amount of $2,500 from its general fund, Rancho Mirage in the amount of $6,285, and the County of Riverside in the amount of $151,000. He noted that, with the exception of La Quanta, the other cities had utilized their Block Grant Fund monies. He said that while the letter from the City indicated that it could not fund this program because it did not feel a great need for such in this community, he was present at the meeting to ask the City Council to reconsider this decision inasmuch as a total of 72 women and 228 children had requested emergency shelter in our valley and had been sent to the closest shelter in Riverside. He said of these figures, 7 of the women were from Palm Desert and had a total of 14 children. He said he realized that their program was an ambitious one, and yet the community needs supported it. He concluded his statements by saying the need was in Palm Desert, and he would appreciate any reconsideration the City Council may offer. Upon question by Councilmember Benson, Mr. Henderson responded that the women and children were currently using a voucher system whereby they were placed in local motels rather than being sent to Riverside and that some of the funding they were asking for would be utilized for this type of a program, but most of the money would be used for the purchase of a shelter right here in our own valley. XVI. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVI1. PUBLIC HEARINGS A. REQUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING 8 LIGHTING DISTRICT NO. 81-3 (LEWIS HOMES - THE VINEYARDS). Mr. John Wohlmuth presented the staff report, stating that the City currently pays for the lighting and the water and the charges being assessed are to pay for the maintenance and the lighting costs. He recommended adoption of Resolution No. 86-61, levying the 1986/87 assessments. 14 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly declared the public hearing open and invited public input in favor of or against the request. With no testimony offered, Mayor Kelly declared the public hearing closed. Upon motion by Wilson, second by Snyder, Resolution No. 86-61 was adopted by unanimous vote. B. REQUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING & LIGHTING DISTRICT NO. 5 (COOK STREET/COUNTRY CLUB DRIVE MEDIAN ASSESSMENT DISTRICT). Mr. Wohlmuth reviewed the staff report and recommendation, which was for Council to waive further reading and adopt Resolution No. 86-62. Mayor Kelly declared the public hearing open and invited testimony either in favor of or against the proposal. With no testimony offered, he declared the public hearing closed. Upon motion by Snyder, second by Benson, Resolution No. 86-62 was adopted by unanimous vote. C. REQUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING b LIGHTING DISTRICT NO. 1980-1 (PRESIDENTS' PLAZA). Mr. Wohlmuth reviewed the staff report, which stated that these assessments were based on the square footage of the building and frontage. The charges are very close to last year's with the exception of the newly proposed fund cash balance. Mayor Kelly declared the public hearing open and invited testimony either in favor of or against the proposed request. With no testimony offered, he declared the public hearing closed. Upon motion by Benson, second by Wilson, Resolution No. 86-63 was adopted by unanimous vote. D. REQUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING & LIGHTING DISTRICT NO. 4 (PARKVIEW ESTATES). Mr. Wohlmuth reviewed the staff report, stating that this assessment district was solely for lighting and energy 15 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 a * • * a • a • • • • • • • • • • • • • -0 41 • • • costs and the maintenance of the lights. He recommended adoption of Resolution No. 86-64. Mayor Kelly declared the public hearing open and invited public testimony either in favor of or against the proposal. With no testimony offered, he declared the public hearing closed. Upon motion by Snyder, second by Wilson, Resolution No. 86-64 was adopted by unanimous vote. E. REQUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING & LIGHTING DISTRICT NO. 2 (TRACT NO. 11631-1 -- CANYON COVE). Mr. Wohlmuth reviewed the staff report, indicating that representatives had been meeting with Lewis Homes and their representatives. He said that currently the City had an $18,000 balance in the fund for assessments collected in 1983 that were never expended. He said that negotiations had resulted in an agreement that the City would assess zero assessment this year and pay whatever costs were incurred out of the $18,000. In the future, a decision on the assessment will be made with representatives from both sides participating. He said that discussions would continue with Mr. Walsh, Attorney for Lewis Homes, relative to their 218 parcels and that preliminarily it had been agreed that these parcels would be assessed $100 each which would cover about 25% of the cost of this district, and the City would pick up the remaining 75%. However, for this fiscal year, staff was recommending that the Council place a zero assessment on the property owners. Mayor Kelly declared the public hearing open and invited testimony either in favor of or against the request. With no testimony offered, he declared the public hearing closed. Councilman Snyder moved to approve the negotiations which levied a zero assessment for fiscal year 1986/87 and to further direct staff to continue in finalizing these agreements. Councilmember Benson seconded the motion. Motion carried by unanimous vote. 16 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • * • • • • • • • • • • • • • • • • • • • • • • • F. REOUEST FOR APPROVAL OF MASSAGE PERMIT (JEANMARIE L. JAEB, APPLICANT). Mr. Frank Allen reviewed the staff report. He said that the applicant met all requirements of Chapter 8 of the Municipal Code. Her credentials and character reference and background had been verified and approved by the Palm Desert Police Department. Mayor Kelly declared the public hearing open and invited testimony either in favor of or against the requested permit. With no testimony offered, he declared the public hearing closed. Councilman Wilson stated that he felt this application had taken far too long to process. Mr. Allen explained that it had taken a while to get through the Police Department and there had been an error in the legal notice advertising the public hearing which had caused renotice and rescheduling of the hearing. Councilman Wilson moved to, by Minute Motion, grant the issuance of a Massage Permit to Jeanmarie L. Jaeb. Councilmember Benson seconded the motion. Motion carried by unanimous vote. G. CONSIDERATION OF EMINENT DOMAIN PROCEEDINGS FOR TEMPORARY DETOUR EASEMENT ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF PORTOLA AVENUE AND HIGHWAY 111 (SUNSHINE ASSOCIATES, PROPERTY OWNER). Mayor Kelly declared the public hearing open. MR. HOWARD KOTCHMAN, Attorney, 340 S. Farrell Street, Palm Springs, addressed the City Council on behalf of Sunshine Associates, stating that his client had been confused inasmuch as she had felt that the monthly rental of $625 was for a 20 foot easement. He said that it was not until very recently that they discovered that that had been in error and that the required footage was 32.5 feet for vehicular access only. He said that if the City needed the additional footage, he felt that his client should have adequate compensation for the additional 12.5 feet. However, she had indicated that she was willing to leave it up to the City Council to determine the fair market value of this rental. 17 i MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 * • • . • • . • . * . • • . • . • . • . . . . . • Mr. Dick Folkers responded that the City was in a situation where there was a difference in 20 feet and 32.5 feet. He said that unfortunately when the City began negotiations, approval was on 32.5 feet. He said somewhere in the process the figure of 20 feet had come in on the plat map. He said that there was no doubt about the need for the additional footage; however, the error was not intentional and from staff's viewpoint the City could live with the 20 feet but would prefer having the whole section. It would be used for vehicular access only. He said the City's letter of guarantee was based on the 32.5 feet. Since the matter had been going on since November, staff was willing to work with the 20 feet. Mr. Doug Phillips, Deputy City Attorney, asked the Council if he could have a brief recess so that he might sit and negotiate with the client as he felt that it could be worked out at the meeting. AT THIS POINT IN TIME AND WITH MOTION BY SNYDER, SECOND BY W I LSON, AND UNANIMOUS VOTE, MAYOR KELLY RECESSED THE MEETING AT 7:42 P.M. AND CONVENED THE REDEVELOPMENT AGENCY MEETING. MAYOR KELLY RECONVENED THE CITY COUNCIL MEETING AT 8:10 P.M. Mr. Phillips reported that the following agreement had been reached with Sunshine Associates during the recess: "The City of Palm Desert would agree to lease or rent the temporary easement for a guaranteed period of two months, 60 days, at a guaranteed rental of $625 per month payable two months in advance; that rental of $1,250 will cover a period from June 14, 1986, to August 14, 1986. If the City were to require use of the temporary easement of 32.5 feet for vehicular ingress and egress purposes from August 14, 1986, to June 13, 1987, then the City would agree to pay, beginning August 14, 1986, $850 per month for each and every month or fraction thereof." He concluded his remarks by stating that he didn't feel the City would need this easement for even a two month period. Mr. Kotchman addressed the Council again and stated that his office would prepare this new easement agreement and have it delivered to the City the next day. 18 1 1 MINUTES REGULAR CITY COUNCIL MEETING JUNE 12, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to approve the agreement as set forth by Mr. Phillips. Councilman Wilson seconded the motion. Motion carried by unanimous vote. Councilman Snyder moved to appropriate $3,000 for traffic signal engineering from the Capital Reserves Fund. Counciimember Benson seconded the motion. Motion carried by unanimous vote. XVIII. ADJOURNMENT Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 8:17 p.m. to 11:00 a.m. on Friday, June 13, 1986. ATTEST: SHEILA R. GILLIGADYI CITY CLERK CITY OF PALM DESE T, CALIFORNIA 19 RICH . S. KELLY, MAYOR