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HomeMy WebLinkAbout1987-04-23MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 23, 1987 CIVIC CENTER COUNCIL CHAMBER 1. CALL TO ORDER Mayor Kelly convened the meeting at 4:05 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson II1. INVOCATION - Mayor Pro-Tempore Jean M. Benson IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/Public information Officer Ramon A. Diaz, Director of Community Development/Planning Richard J. Folkers, Director of Public Works Kirby J. Warner, Director of General Services Patrick Conlon, Director of Building and Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of Aprll 9, 1987. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0312, WR0314, WR0316, WR0402, WR0405. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • * • • • a * • * * a • a a a • a a a • a a a * C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Carol P. and Gerald P. Chubak for JC's Patio, 73-200 #A El Paseo, Palm Desert, California. Rec: Receive and refer to the Department of Community Services for processing of Conditional Use Permit. D. CITY AND AGENCY STATEMENT OF CASH TRANSACTIONS Dated March 31, 1987. Rec: Receive and file. E. CITY OF PALM DESERT MONTHLY INVESTMENT SCHEDULE REPORT As of March 31, 1987. Rec: Receive and file. F. MINUTES of the Building Board of Appeals and Condemnation of April 8, 1987. Rec: Receive and file. G. LETTER OF RESIGNATION from Michael Grossman as Member of the Advertising and Promotion Committee. Rec: Accept with sincere regrets. H. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for Contract No. 00-206 for Slurry Sealing of Various Streets within the City. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 00- 206. I. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS, for Contract No. 00-207 for Curb and Gutter and Cross Gutter Repair Program. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 00- 207. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • • * * • * • * • * • • • * * * * • • • * • * • • J. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for Contract No. 00-204 for the Cold Planing of Streets Included in the Portola Avenue Storm Drain Project. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 00- 204, if necessary. K. REQUEST FOR RELEASE OF SUBDIVISION IMPROVEMENT BONDS for Tract No. 19640-1, Ironwood Country Club, Applicant. Rec: By Minute Motion, accept the subdivision as complete and authorize the City Clerk to release the subdivision improvements bonds. L. REQUEST FOR ACCEPTANCE OF WORK on Contract No. 00-115, Curb and Gutter Assessment District No. 83-1. Rec: By Minute Motion, accept the work as complete on Contract No. 00-115 and authorize the City Clerk to file a Notice of Completion. ' M. REQUEST FOR AWARD OF CONTRACT NO. 00-195 -- Traffic Signal Installations at Fred Waring Drive 8 Phyllis Jackson Lane and at Monterey Avenue 8 Avenida Del Sol/Clancy Lane. Rec: NOTE: By Minute Motion, award Contract. No. 00-195 to the lowest responsible bidder, authorizing a fifteen percent contingency of the contract amount for a reserve for the contract. A new staff report was distributed to the Council prior to the Council meeting with the following recommendation: By Minute Motion, award Contract No. 00-195 to Paige Electric Company, the lowest responsible bidder, in the amount of $119,048.00 and authorize a fifteen percent contingency reserve for the contract in the amount of $17,857.20. Upon motion by Snyder, second by Benson, and unanimous vote of the Council, the Consent Calendar was approved as presented. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • • • • • • • . . . • * • • • • . • • • • • • • • VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 504 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING A PORTION OF THE CITY'S PERSONNEL RULES AND REGULATIONS. Mr. Larry McAllister, Administrative Services Officer, reviewed the staff report and recommendation, noting that the amendments were required either because of new Federal regulations or were already City policy adopted by previous resolutions. Councilman Crites moved to waive further reading and pass Ordinance No. 504 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 503 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO ANIMAL CONTROL AND ADOPTING ORDINANCE NO. 630 OF THE COUNTY OF RIVERSIDE. Mr. Altman reported that this had been introduced at the previous meeting and recommended its adoption. Upon motion by Wilson, second by Crites, Ordinance No. 503 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites moved to, by Minute Motion, approve the revised by-laws of the Parks & Recreation Commission, amended to include the word "substantive" on page 2, item C, and to change the wording relative to terms of office to match the wording for Planning Commission membership. Motion was seconded by Benson and carried by unanimous vote of the Council. C. CONSIDERATION OF A REQUEST FOR CO-SPONSORSHIP OF THE 1987 COACHELLA VALLEY BUSINESS OUTLOOK CONFERENCE. Mr. Altman noted that a letter had been received requesting the City's contribution of $5,000 to support the 1987 Coachella Valley Business Outlook Conference. He said that a subcommittee consisting of himself, Councilman Snyder, and Councilman Wilson had met with representatives from this group earlier that day and that they would return on Friday, May 31st, with answers to questions regarding how the City would benefit, what type of clientele this conference was trying to attract, etc. He suggested that the subcommittee be given the authority to approve or disapprove the City's participation based on the outcome of the Friday meeting. Councilmen Crites moved to, by Minute Motion, authorize the subcommittee of Councilmen Wilson anal Snyder and City Manager Bruce Altman to approve or disapprove the City's participation in the 1987 Coachella Valley Business Outlook Conference based on the outcome of the May 1, 1987, meeting. Motion was seconded by Benson and carried by unanimous vote of the Council. D. CONSIDERATION OF REFUND OF BONDS FOR ASSESSMENT DISTRICT 84-1. Mr. Warner reviewed the staff report and offered to answer any questions. Councilman Crites moved to: 1) Adopt Resolution No. 87-23, making preliminary determinations and declaring Intention to Issue refunding bonds for a special assessment district (84-1) and ordering a report thereon; 2) Adopt Resolution No. 87-24, making appointments in e special refunding district; 3) Authorize the Mayor to execute an agreement with the firm of Brown and Diven for bond counsel services; and 4) By Minute Motion, accept the proposal from Kicak and Associates In an amount not to exceed $10,000 for reassessment services required for the refunding. Motion was seconded by Snyder and carried by unanimous vote of the Council. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • • • • • • • ■ • • • • • • • • • • • • • • • • • X. NEW BUSINESS A. REQUEST FOR APPROVAL BY THE FIRE DEPARTMENT FOR CONTROL BURN ON l0-ACRE SITE ON MONTEREY AVENUE. Mr. Altman reviewed the staff report dated April 6, 1987, noting that Fire Marshal Mike McConnell was present to answer any questions. After discussion by Counc 1 l relative to impact on traffic, impact on neighbors, and best times to conduct the control burn, Councilman Crites moved to approve the request provided the burn is done on a weekday, Monday through Thursday, after 7:00 p.m. and that the Fire Department contacts all neighbors and advises what is being done. Motion was seconded by Benson and carried by unanimous vote of the Council. B. CONSIDERATION OF REVISED BY-LAWS FOR THE PARKS & RECREATION COMMISSION. Mr. Diaz reviewed the staff report and offered to answer any questions. Councilman Crites suggested that page 2, item C under Implementation Measures, be amended to read "Any substantive questions or issues brought before the City Council relating to parks and recreation should be referred to the Commission for review and comment." He said this was so that routine items, such as setting aside funds from a particular development for parks, would not have to be reviewed by the Commission. Councilman Crites also asked how many terms each member would be allowed to serve. Mayor Kelly stated that Council policy had been to limit individuals to two terms in order to get "new blood". Mr. Diaz stated that the policy with regard to Planning Commissioners was that an individual may serve two full terms. An individual filling an unexpired term of a previous member would be allowed to complete that term and would also be eligible to serve two complete four-year terms. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • • • • • • • • • • • • • • • • • * • • • • • • * E. REOUUT FOR DISCUSSION AND DIRECTION FROM CITY COUNCIL ON THE SUNTERRA PROJECT. Mr. Altman reported that a subcommittee consisting of himself, Mayor Kelly, Councilman Snyder, and Mr. Diaz had been meeting regarding this project, that a letter had been delivered by Mr. Diaz to the City of Indian Wells indicating our City's concerns, and that the subcommittee was waiting for answers to that letter before coming back to Council. He said the City of Indian Wells had recently certified the Environmental Impact Report and were to have addressed the concerns of the City of Palm Desert. He advised that another meeting would be held before the Indian Wells Planning Commission on April 30th, and he recommended that an appeal be prepared and submitted at that time objecting to the E.I.R. He added that a letter had been received from Mr. Bi 1 l Bone (on file andof record in the City Clerk's Office) outlining what he felt were relevant issues. Upon question by Councilman Crites, Mr. Diaz advised that the City was still in an "inquiring role" and was not being an adversary. Councilman Snyder moved to, by Minute Motion, direct staff to prepare a presentation for the April 30th Indian Wells Planning Commission meeting and direct the subcommittee to continue to outline the City's concerns relative to traffic volume, demand for police and fire services, and impact on housing, particularly the issue of affordable housing. F. INFORMATIONAL ITEMS: 1. Architectural Review Commission Vacancy. Mr. Altman reviewed the staff report relative to replacement of Charles Martin on the Architectural Review Commission. Councilman Wilson moved to, by Minute Motion, direct the subcommittee composed of Councilman Crites and Mayor Pro-Tem Benson to review applications and make recommendations to the Council relative to the appointment of a new Architectural Review Commissioner. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Crites ABSTAINING. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XI. 2. San Gorgonio Way -- Evaluation on Stop Sign Controls. Mr. Folkers reviewed the staff report, noting that comments received from the neighborhood indicated that everyone was satisfied with this solution. Upon question by Councilman Wilson, Mr. Folkers responded that Joe Kicak, the consultant for the Palma Village Assessment District No. 87-1 project, had recommended that curb and gutter work not be done prior to the assessment district proceedings. He said this was because of all the utility work involved as we l I as the upgrading of the water distribution lines by Palm Desert Water & Services District. No action was necessary or taken by Council at this time. CONTINUED BUSINESS request seconded XII. A. CONSIDERATION OF A REOUEST FOR WALL HEIGHT VARIANCE BY GERALD A. REID. Mr. Diaz reported that Mr. Reid had attended the April 9th Council meeting requesting approval to increase the height of his fence because of golf balls from Shadow Mountain landing in his yard. He said at that time Council advised Mr. Reid to obtain letters from adjacent property owners indicating they did not object to this increased height and that two letters had been received by his department. Councilman Crites moved to, by Minute for wall height variance by Mr. Gerald by Snyder and carried by unanimous vote of OLD BUSINESS Motion, approve the A. Reid. Motion was the Council. A. REQUEST FOR APPROVAL OF CHANGE ORDERS TO CONTRACT NO. 00- 097 -- STANDBY GENERATOR. Mr. Conlon reviewed the staff report dated April 15, 1987, and offered to answer any questions. 8 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites moved to, by Minute Motion: (1) Approve Change Order No. 1 from David Richards Electric for the installation of a new exterior panel board and 14 exterior waterproof receptacle outlets in the amount of $8,312.00; (2) approve Change Order No. 2 for the installation of the uninterruptable power supply system serving the computer system and telephone switch gear in the amount of $12,975.00: and (3) authorize the appropriation of an additional $7,847.00 from the Unobligated General Fund to Account No. 110-4159-3090. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Wilson voting NO. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Request by Marriott for Approval of Fireworks Display Mr. Altman stated that this item had come up after the Agenda was posted and that action needed to be taken at this time because the request was for an event on April 30, 1987. Councilman Snyder moved to accept this item for consideration at this time because it arose after the Agenda was posted. Motion was seconded by Wilson and carried by unanimous vote of the Council. Councilman Wilson moved to, by Minute Motion, approve the request by the Marriott for a fireworks display on Apr 1 1 30, 1987. Motion was seconded by Crites and carried by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Participation in California's Four - Year Bicentennial Celebration of the U. S. Constitution. (Mayor Kelly) Mayor Kelly stated he had received a letter requesting the City's participation In this celebration. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 . . . . . . . . . . . . . . . . . . . r . After lengthy discussion. Councilman Snyder moved to, by Minute Motion. direct staff to prepare a press release inviting residents to Participate in a local committee to work with the California Bicentennial Foundation for the United States Constitution. Motion was seconded by Crites and carried by unanimous vote of the Council. 2. Report of Council Subcommittee on Interview of Potential Rent Review Commissioners. Councilman Crites reported that, per the d irection of the Council. the subcommittee of h imself and Mayor Pro-Tem Benson had reviewed applications on file and recommended that the Council interview the following individuals: Mr. Randall White. Ms. Joyce Wade-Maltais, Mr. Steve Sacher, Ms. Lois Haskell, and Mr. Edward Donate] li. He added that each of these applicants had been sent a copy of the rent control ordinance and a questionnaire which asked five questions relating to the ordinance, and this questionnaire was to be returned to the City by May 1, 1987. He said that interviews had been scheduled for 3:00 p.m. on Thursday, May 7th. Councilman Wilson stated he was very impressed w ith the work this subcommittee had done and felt it would help the Council in selecting individuals to serve on the Rent Review Commission. He added that he might not be able to attend the interviews. o City Council Committee Reports: 1. Councilman Snyder reported that the Public Utilities Commission had held a public hearing the previous day, and as the City's representative to CVAG he had made a presentation at that hearing relative to the baseline rate in the Coachella Valley. He said he felt the presentation had gone well and hoped CVAG's counter proposal for baseline allowances in this area would be approved by the P.U.C. 2. Councilman Wilson reported that the Riverside County Transportation Commission had voted to work with the County of San Bernardino in 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • getting enabling legislation to put before the voters a half -cent increase In sales tax to be used for local road improvements. He added that all elected officials would be contacted before any decisions to put this on a ballot were made. XIV. ORAL COMMUNICATIONS - B None Upon motion by Wilson, second by Crites, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 5:30 p.m. 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 - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 21,580 SQUARE FOOT RETAIL BUILDING IN THE C- 1 ZONE ON THE SOUTH SIDE OF HIGHWAY 111 AT THE CITY'S WESTERN BOUNDARY. Mr. Diaz reported that this project had been called up because of concerns with additional point of access onto Highway 1 1 1 . He said the app l i cant had been very cooperative with staff and that the driveway would be modified to accommodate the higher speeds on Highway III. He said there would only be access off of, not onto, Highway 1 l 1 . He added that a three and a half foot berm was required along the front to screen the cars and, as part of the architectural review process, there would be shade trees in the parking area high enough not to block the view of the signs. He recommended that Council reaffirm the Planning Commission resolution and approve 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • a the project as revised, since all concerns had been resolved. Mayor Kelly declared the public hearing open. He invited testimony in FAVOR of or OPPOSED to this request, and none was offered. He declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 87-25 as amended by the Planning Director's report to the Council. Motion was seconded by Snyder and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Kelly adjourned the City Council Meeting at 7:14 p.m. to 3 p.m. on Thursday, May 7th, to interview candidates for the Rent Review Commission. ATTEST: G SHEILA R. GILLI'GAN, CITY CITY OF PALM DESERT, CAL JlE RK ORNIA 12 RICHARD S. KELLY, MAYOR