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HomeMy WebLinkAbout1981-12-17 (2)MINUTES ADJOURNED CITY COUNCIL MEETING THURSDAY, DECEMBER 17, 1981 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Adjourned 7:00 p.m. meeting of the City Council to order at 7:50 p.m. II. IV. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander ROLL CALL Present: Councilman James E. McPherson Mayor Pro-Tempore Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Barry McClellan, Director of Public Works Ramon Diaz, Director of Environmental Services Paul Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF FIVE-YEAR SERVICE PINS TO MARTIN J. BOUMAN, LARRY R. McALLISTER, AND JOSEPH M. PUDIS. Mayor Wilson presented Five -Year Service Pins to Martin J. Bouman and Larry R. McAllister. Joe Pudis was unable to attend the meeting and Mayor Wilson announced he would receive it at a later date. B. REAPPOINTMENT OF DR. ROBERT ROTTSCHAEFER TO THE COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT. Mayor Wilson, with unanimous concurrence of the Council, reappointed Dr. Rottschaefer to the C.V. Mosquito Abatement District. He noted Dr. Rottschaefer's continued willingness to serve in this capacity and extended Council's sincere gratitude. VI. CONSENT CALENDAR A. MINUTES of the Adjourned Meeting of the City Council of December 3, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY -Demand Nos. 82-054 and 82-061. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Lisa Beth & Richard M. Jobe for The Factory, 74-990 Velie Way, Palm Desert. Rec: Receive and file. D. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF NOVEMBER, 1981. Rec: Receive and file. E. REQUEST FOR PRORATED REFUND OF BUSINESS LICENSE FEE FOR PRIOR FISCAL YEAR 1980-81 BY THE DANNON COMPANY. Rec: Approve the request and authorize the refund from Account No. 01-4980-000. F. REQUEST FOR APPROVAL OF PARCEL MAP NO. 18142, COOK STREET INDUSTRIAL PARK, APPLICANT. Rec: Waive further reading and adopt Resolution No. 81-158 approving the request. Upon motion by Newbrander, second by McPherson, the Consent Calendar was approved as presented by unanimous vote. VII. VIII. ORAL COMMUNICATIONS - A None PUBLIC HEARINGS B. CASE NO. TT 18165 - GILANO DEVELOPMENT COMPANY, APPLI- CANT: REQUEST FOR CONSIDERATION OF A ONE -LOT TENTATIVE TRACT MAP AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF 13 CON- DOMINIUM UNITS ON 1.228 ACRES WITHIN THE R-2, 8,000 (4) S.P (SINGLE-FAMILY RESIDENTIAL, 8,000 SQ. FT. MINIMUM LOT SIZE, ONE UNIT PER 4,000 SQ. FT. OF LOT AREA, SCENIC PRESERVATION OVERLAY) ZONE, LOCATED ON RYWAY PLACE, 250 FEET NORTH OF GRAPEVINE STREET. (Continued from Meeting of December 3, 1981.) Mayor Wilson noted the Public Hearing was still open and asked for Staff's report. • • • Mr. Diaz reviewed the Staff Report in detail, pointing out that the matter had been continued from the meeting of December 3, 1981, to allow Council time to further investigate the suitability of the site for the development proposed. He reviewed concerns relative to density, drainage, and neighborhood compatibility. He noted that Staff had provided a set of development plans to Council. He concluded by stating that Staff would continue to stand behind its recommendation to approve the request by adoption of Resolution No. 81-152. Mayor Wilson invited input from the applicant. MR. CAL WOOLSEY, 19871 Skypark Circle, Irvine, addressed Council as engineer for the project. He described the project and addressed concerns presented by adjacent residents. Mayor Wilson invited input and the following people spoke in FAVOR of the request: -2- MINUTES REGULAR CITY COUh,,..i. MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Franz Terrry, 46-333 Burroweed, Palm Desert, on behalf of himself and 5 other units to the north. He noted the Planning Staff had done an excellent job on critiquing the project and also in mitigating problems with adjacent owners. MR. JIM CONNELL, 46-329 Burroweed, Palm Desert, addressed Council stating that the developer had worked hard to mitigate his and other adjacent owners' concerns, in fact they had moved the location of the swimming pool. Mr. George Parker, Construction Manager for Gilano Development, 2772 Main Street, Irvine, read letters of support from a Mr. Hartnell, Dr. Guttormsson, Mr. Bernard McCune, 46-343 Burroweed, Ms. Lucile Armstrong, Ryway Place, Mr. Lyman, Ms. Hazel Bell, 46-402 Burroweed, Mrs. Daniel Lockwood, Mrs. Betty Russell, Mrs. Elizabeth Griggs, Mr. Loman Newton, and Mrs. Stuszie. He concluded by noting that Mr. Ken Berkmeir and Mr. Alfred Jensen had withdrawn their appeal of the Planning Commission approval when their concerns had been mitigated by the developer. The following people spoke in OPPOSITION to the request: MR. RON LUTHER, 73-358 Grapevine, Palm Desert, addressed Council in opposition to the request and presented a petition of over 190 property owners who were also objecting to the project (on file and of public record in the office of the City Clerk). The following additional people spoke in OPPOSITION to the project based on concerns relative to density, the appearance of the project, drainage problems, and condominiums in what they felt a single-family residential area. MS. MARJORIE HARTNETT, 72-891 Shadow Mountain Drive, Palm Desert. MR. do MRS. LEE ARTER, Palm Desert. MR. ALFRED C. JENSEN, 46-420 Ryway Place, Palm Desert. MR. GEORGE SMITH, 46-190 Burroweed, Palm Desert. MR. F. G. GRANT, 73-350 Grapevine, Palm Desert. Mayor Wilson invited rebuttal from the applicant. MR. WOOLSEY addressed many of the concerns stated during the hearing and said he saw no concrete evidence that this project was not compatible with the existing neighborhood. With no further input, Mayor Wilson declared the Public Hearing Closed. Councilman Newbrander stated she had several comments inasmuch as she lived close to the proposed project. She knew the developer had followed every rule, but she still felt it a bad development for the area. Councilman McPherson stated he had not heard anything that would cause him to change his vote from the last meeting. He felt the developer had answered all the questions relative to compatibility, density, height, site development, and all other concerns raised. He pointed out that if this were developed as 5 single-family lots, that would not solve drainage problems. If development is handled under a planned unit development, the City has the option to impose certain -3- MINUTES REGULAR CITY COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * conditions that cannot be imposed on single-family residence construc- tion. He challenged Mr. Luther's statement that people don't know when the City's Codes are being changed by virtue of the fact that this City had a referendum on the adoption of our Codes and there was an 85% voter turnout which approved them. He concluded by stating that if the property could remain a vacant lot, everyone would be appeased, but this was obviously not possible. Councilman Snyder stated this was a difficult problem inasmuch as he felt that the zoning on this particular property was a carry-over of the County zoning. One of the reasons for incorporation was that we were unhappy with the County's zoning. While the developer is in confor- mance with the Code in that area that was established back when the County created this, the General Plan shows this total area to be of considerably less density than this project produces. He felt it was definitely not compatible with the area. However, he admitted that the developer was in concurrence with the current Codes. Therefore, there could be no grounds for objecting. He felt that the Planning Commis- sion should have found the incompatibility, and he could not believe that the bare minimums had been received and then accepted for our City. Councilman Puluqi stated one of his concerns had been answered in that some of the adjacent owners had been satisfied. He expressed continuing concern about the drainage. He said he would feel more comfortable if provisions were made for resolving this problem. Mayor Wilson stated he had walked the area, examined it, looked at the adjacent homes, and was disappointed in the Planning Department for not giving more consideration to the adjoining houses that have a more individual, detached appearance even though they are mutiple family. He felt this project had been designed to take advantage of as many units on a golf course as possible which did not make it a good development. However, he felt the developer had gone out of his way to work with the neighbors, to stay within the codes as they exist, and to stay within the density and height limitations. He had met every legal obligation to bring the project in, but he expressed his disappoint- ment that more guidance wasn't given in the early stages to provide something more compatible with the area. Councilman Puluqi asked if a condition could be included in the approval, if approved, that would ensure correction of drainage problems. Mr. Diaz said that Council could add a condition to the tract map to place the wall on the property. Mr. Erwin pointed out that Condition #14 addressed this issue, and this could be modified. The City could, however, encounter difficulties in mandating construction of facilities on another person's land. Mayor Wilson suggested modifying Condition #14 to read: "Additional storm drain and drainage facilities construction shall be contingent upon a drainage study by a private engineer and must be approved by the City Engineer." Councilman McPherson stated that he did not want Staff to go away feeling that they had been chastised by the majority of this Council. He stated he did not feel Staff had done a bad job, but they had done what council had given them direction to do through the Council's zoning ordinance and rules and regulations. The Director of Environ- mental Services is the first person to meet with a developer, and he gives them Council's guidelines under which they can develop. One of the very first things done in the City was to pass some zoning -4- MINUTES • REGULAR CITY COUN—_L MEETING - December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ordinances and building codes so developers knew under which guide- lines they had to develop. Before that, everything was arbitrary. Just recently, the zoning ordinance was again refined - one of many times since incorporation - and at that time, no one came forth with these objections. He concluded that Staff should not be reprimanded for doing what they had been directed to do. Mayor Wilson agreed that perhaps his comments were a little harsh and that the criticism should really be with the zoning of the land. He recommended a good philosophy session where Council makes it clear to the Staff exactly what their philosophy is. Councilman McPherson moved to waive further reading and adopt Resolution No. 81-152 as amended. Councilman Puluqi seconded the motion. Motion carried on a 3-2 vote with Councilmen Newbrander and Snyder voting NO. UPON MOTION BY McPHERSON, SECOND BY NEWBRANDER, AND UNANI- MOUS VOTE, MAYOR WILSON ADJOURNED THE MEETING TO CLOSED SESSION AT 9:40 P.M. FOR THE PURPOSE OF DISCUSSING THE PERSONNEL MATTER REGARDING THE DISMISSAL OF JAMES L. HILL. MAYOR WILSON RECONVENED THE MEETING FOLLOWING CLOSED SESSION AT 12:45 A.M. IX. RESOLUTIONS A. RESOLUTION NO. 81-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 13, 1982, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. (Continued from the Meeting of December 3, 1981.) Councilman McPherson moved to table the item to allow for the discussion of another item. Councilman Newbrander seconded the motion. Motion carried on a 3-2 vote with Councilmen Snyder and Puluqi voting NO. Councilman McPherson stated that since Council had last discussed this item at the last meeting, information had come to him that 10 cities in Riverside County including Indian Wells, Indio, and Desert Hot Springs, had passed ordinances consolidating their municipal elections. Desert Hot Springs and Indio voted to consolidate with November, 1983, elections and Indian Wells with November, 1982. He felt that for the purpose of cost savings and expediency, it made good municipal sense to consolidate this city's election with the General Election in November, 1982, thereby allowing the County Election Department to run our election for us instead of having our City Clerk do it all. Councilman McPherson moved to pass as an urgency ordinance Ordinance No. 281 determining pursuant to Government Code Section 36503.5 that the General Municipal Election in the City of Palm Desert shall be held on the same day as the State General Election in November of 1982. Councilman Newbrander seconded the motion. Councilman Puluqi stated he felt this was not the time to do this. Mayor Wilson stated he had opposed it two weeks ago for several reasons: (1) it came by surprise; (2) he didn't think it wise to make a change like that so close to an election. He felt there were advantages and disadvantages in view of the fact that so many other cities were changing and for consistency sake, it would make sense for us to do it. -5- MINUTES REGULAR CITY COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder said there was already too much controversy in the City on other things right now, such as the personnel hearing, the civic center, and so forth. He felt another controversy was something the City did not need, and he would therefore be reluctant to vote for it. Mayor Wilson added that this Council had been working on a very tight timetable for flood control which would hopefully be solved by April. If it were delayed for 2 or 3 months, it might be awkward for a new Council. He added he still had some questions and would rather see it continued for action at the Adjourned Meeting of Monday, December 21st. Mayor Wilson recognized MR. WARREN BALLINSON, 72-333 Haystack Road, Palm Desert, who addressed Council in opposition to the change in election date. Councilman McPherson withdrew his motion and Councilman Newbrander withdrew her second. Councilman McPherson moved to continue the matter to the Adjourned Meeting of Monday, December 21, 1981, at 4:00 p.m. Councilman Newbrander seconded the motion. Motion carried on a 4-1 vote with Councilman Puluqi voting NO. B. RESOLUTION NO. 81-155 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF PALM DESERT RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 13, 1982. (Continued from the Meeting of December 3, 1981.) This item was automatically continued to the Adjourned Meeting of Monday, December 21st, by action on Item A of this Section. C. RESOLUTION NO. 81-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING REGU- LATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 13, 1982. (Continued from the Meeting of December 3, 1981.) This item was automatically continued to the Adjourned Meeting of Monday, December 21st, by action on Item A of this Section. D. RESOLUTION NO. 81-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET TO PROVIDE FOR INCREASE IN REQUIREMENTS FOR REFUNDS OF NEW CONSTRUCTION TAXES AND FOR AUDITING. Mr. Bouman reported that this resolution would make a budget appro- priation so that we could refund some $23,000 in New Construction Tax. These are taxes that are collected, but the applicant is requesting refund because the project is not being carried forward. The other part of the resolution authorizes an amount of $456.50 which is an overrun on the cost of our annual audit by our auditors. The reason for the overrun is that we are convinced by our auditors that it was a far more complex audit this year because of their need to study the Prop. 4 complexities in our budget. Upon motion by Snyder, second by Newbrander, Resolution No. 81-159 was adopted by unanimous vote. -6- MINUTES REGULAR CITY COUN__L MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. RESOLUTION NO. 81-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE PLACEMENT OF THE CITY'S 1981-82 LIABILITY INSURANCE COVERAGE WITH LEWIS AND HANNON INSURANCE. Mr. Bouman reported that Lewis & Hannon was our broker of record, and the City had chosen to stay with them. He noted that we would be getting the same coverage as last year for $2,000 less. Upon motion by McPherson, second by Snyder, Resolution No. 81-160 was adopted by unanimous vote. Mayor Wilson stated he would like to see a feasibility study done on insurance programs for municipalties. F. RESOLUTION NO. 81-161 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING INVESTMENT OF CITY OF PALM DESERT MONIES IN LOCAL AGENCY INVESTMENT FUND. Mr. Bouman reported this was a tool that can be used for making a little better interest earning on our very short-term investments. Upon motion by McPherson, second by Newbrander, Resolution No. 81-161 was adopted by unanimous vote. G. RESOLUTION NO. 81-162 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE REQUEST OF EISENHOWER MEDICAL CENTER TO THE STATE OF CALIFORNIA FOR AN ADDITIONAL 100 GENERAL ACUTE CARE BEDS. Mr. Bouman reported that when a hospital feels a need to increase its capacity that it does need to apply to the State and receive permission. In this case, Eisenhower Medical Center needs our support. Upon motion by Newbrander, second by McPherson, Resolution No. 81-162 was adopted by unanimouus vote. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 276 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM W-2-20 (RIVERSIDE COUNTY) TO PR-5 (PLANNED RESIDENTIAL 5 D.U./ACRE) FOR 160 ACRES LOCATED AT THE NORTHWEST CORNER OF PORTOLA AVENUE (FUTURE) AND FRANK SINATRA DRIVE (FUTURE). CASE NO. C/Z 10-81. B. ORDINANCE NO. 277 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONE AND REGULATIONS. -7- MINUTES REGULAR CITY COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. ORDINANCE NO. 278 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO ALLOWING BUILDINGS FRONTING ONTO PRESIDENTS' PLAZA EAST AND WEST TO EXPAND ONE STORY TO THE SIDEWALK. CASE NO. ZOA 13-81. D. ORDINANCE NO. 279 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE, RELATIVE TO CHAPTER 25.30.240, SUBSECTION F, CONCERNING MAXIMUM BUILDING HEIGHT IN THE P/C (4) ZONE. CASE NO. ZOA 15-81. E. ORDINANCE NO. 280 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.28 (TRANSIENT OCCUPANCY TAX) AND ADDING CHAPTER 25.100 (TIME-SHARING). CASE NO. ZOA 14-81. Mr. Bouman reported that there had been no additional input on any of the ordinances proposed for adoption. Upon motion by McPherson, second by Newbrander, Ordinance Nos. 276, 277, 278, 279, and 289 were adopted by unanimous vote. XI. XII. CONSENT ITEMS HELD OVER None NEW BUSINESS A. REQUEST FOR THE SETTING OF A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING A STREET NAME CHANGE - WILLOW STREET TO PALM VALLEY DRIVE. Mr. Bouman reported that as discussed during Study Session, the City has a very confusing street name situation on Willow where a portion of it runs east and west and another portion runs north and south and intersects with itself. This needs to be corrected. This resolution would set the date of a public hearing on the matter for Thursday, January 28, 1982, and all property owners and tenants will be notified of that date and time. Upon motion by McPherson, second by Newbrander, Resolution No. 81-163 was adopted by unanimous vote. XIII. XIV. XV. CONTINUED BUSINESS None OLD BUSINESS None ORAL COMMUNICATIONS - B None -8- MINUTES REGULAR CITY COUP._ _L MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR BEAUTIFICATION OF HIGHWAY 111. Mr. Bouman stated he had one item which had been discussed during Study Session, that of the intent to move along the highway beautification project on Highway 111 which is to be funded with Redevelopment Agency monies. Staff would like to move ahead now and hire an engineering firm to do the detail design of the plan as submitted by the Beautification Committee. He pointed out that even though it was a Redevelopment Agency project in terms of funding, Staff was requesting the Council's approval by Minute Motion to award a contract to Charles Haver & Associates for the services. In doing so, it would be similar to an action taken a time or two before where the City is acting as the agent for the Agency. Then on January 14th, it could be approved on a Redevelopment Agency Agenda at which time the Agency could delegate this to the City. Councilman Newbrander moved to award the contract for engineering services on Highway 111 to Charles Haver & Associates in the amount of $22,500. Councilman McPherson seconded the motion; carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson called attention to the list of Future Meetings as confirmed by the City Clerk. XVII. ADJOURNMENT Upon motion by McPherson, second by Snyder, and unanimous vote, Mayor Wilson adjourned the meeting at 1:20 a.m. to 4:00 p.m. on Monday, December 21, 1981. ATTEST: _ /1_ SHEILA R. GIL )ZAN, CITY ERK CITY OF PAL.M'DESERT, IFORNIA -9- S SOY wj(LSON, MAYO