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HomeMy WebLinkAbout1983-08-11MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 11, 1983 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Puluqi convened the Regular Meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Walter H.Snyder III. INVOCATION - Councilman Phyllis Jackson IV. ROLL CALL Present: Excused Absence Councilman Phyllis Jackson Councilman Richard S. Kelly Mayor Pro-Tem Walter H. Snyder Mayor Romeo S. Puluqi Also Present: Councilman S. Roy Wilson Carlos L. Ortega, Acting City Manager Doug Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk Stan Sawa, Acting Director of Environmental Services Barry D. McClellan, Director of Public Works Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF 5 RENT REVIEW COMMISSIONERS. Upon motion by Jackson, second by Kelly, and unanimous vote of the Councilmen present, the following individuals were appointed to the newly established Rent Review Commission: Mr. Joe Gibbs, Attorney Ms. Jean Benson, Manager/Travel Agency Ms. Lois Graham, Dir. Medical Staff Services/E.M.C. Mr. Sabby Jonathan, C.P.A. Mr. Mike Isbell, Medical Technician/E.M.C. B. APPOINTMENT OF PLANNING COMMISSIONER to Fill the Expired Term of George Kryder. Upon motion by Snyder, second by Kelly, Mr. Rick Erwood, Attorney, was appointed to a 4-year term on the Planning Commission by unanimous vote of the Councilmen present. C. APPOINTMENT OF PARK AND RECREATION COMMISSIONERS to Fill the Expired Terms of James Montoya and Frederick 1 hon. Upon motion by Kelly, second by Jackson, James Montoya and Frederick Thon were reappointed to 4-year terms on the Parks & Recreation Commission by unanimous vote of the Councilmen present. For the record, Councilman Jackson noted that three members of the Council had met with and interviewed all applicants able to attend the morning session in an effort to make a very thorough investigation of those most qualified for these commissions. MINUTES REGULAR CITY COUNCIL MEETING AUGUST 11, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of July 14, 1983. (Continued from the Meeting of July 28, 1983.) Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of the City Council of July 19, 1983. Rec: Approve as presented. C. MINUTES of the Adjourned Meeting of the City Council of July 26, 1983. Rec: Approve as presented. D. MINUTES of the Regular Meeting of the City Council of July 28, 1983. Rec: Approve as presented. E. MINUTES of the Adjourned Meeting of the City Council of August 2, 1983. Rec: Approve as presented. F. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-016 and 84-017. Rec: Approve as presented. G. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JUNE, 1983. Rec: Receive and file. H. MINUTES of the Advertising 8c Promotion Committee Meeting of July 29, 1983. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for JENSEN'S FINEST FOODS by Jensen's Complete Shopping, Inc., 73-601 Highway 111, Palm Desert, California. Rec: Receive and file. J. REQUEST FOR FINAL APPROVAL for Tract No. 18492 - PALM DESERT TOWN CENTER. Rec: Waive further reading and adopt Resolution No. 83-82, approving the Final Tract Map. K. RESOLUTION NO. 83-83 - 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. Councilman Snyder requested the removal and continuance of Items A through E. Upon motion by Snyder, second by Kelly, the Consent Calendar was approved as presented with the exception of Items A through E which were continued to the meeting of August 25, 1983, by unanimous vote of the Councilmen present. -2- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 11, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO PERMIT A CHURCH AS A CONDITIONAL USE IN THE OFFICE PROFESSIONAL (O.P.) ZONE. CASE NO. ZOA 06-83. Mayor Puluqi declared the Public Hearing open and asked for staff's report. Mr. Sawa stated the request was to permit a church in the OP zone. The ordinance was initiated by the Planning Commission pursuant to a request by the church to utilize the old Public Works building on Larrea Street. The use would require an amendment of the zoning ordinance. He noted the Commission reviewed it and received no audience participation. The only Commission concern was that this permission be for churches only and no other religious institutions. He recommended approval of the request. Mayor Puluqi invited input from the applicant. MR. JAMES MAJORAS spoke on behalf of the Greek Orthodox Church and requested approval. Mayor Puluqi invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Upon motion by Kelly, second by Jackson, Ordinance No. 343 was passed to second reading by unanimous vote of the Councilmen present. IX. RESOLUTIONS A. RESOLUTION NO. 83-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 82-160 AND THE ORGANIZATION, OBJECTIVES AND RESPONSIBILITIES OF THE ADVERTISING AND PROMOTION COMMITTEE. Upon motion by Jackson, second by Snyder, Resolution No. 83-84 was continued to the meeting of August 25, 1983, by unanimous vote of the Councilmen present. Said action was taken to allow the Advertising & Promotion Committee an opportunity to review the proposed amendments. X. ORDINANCES For Introduction: N one For Adoption: A. ORDINANCE NO. 341 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, CREATING SECTION 25.055 AND CHAPTER 25.37, RELATING TO THE ESTABLISHMENT OF A HIGH DENSITY DESIGNATION FOR PROJECTS WHICH INCLUDE LOW INCOME HOUSING AND APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO. CASE NO. ZOA 05-83. (Continued from the Meeting of July 28, 1983.) Mr. Ortega reported that in addition to the three telephone calls and other letters of opposition noted at the last meeting, Council had -3- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 11, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * received one more letter opposing this ordinance from Mr. Ken Cosgrove and family (said letter on file and of record in the City Clerk's office). Mayor Puluqi noted that this was not a public hearing but with Council concurrence, he would receive public input. None was offered. Upon question by Councilman Kelly, Doug Phillips responded that he was not sure what would happen to the zoning if the project were not completed. He suggested the solution might be to include in the development agreement a provision that the zoning would revert to the original state. He stated, however, that may be contract zoning and against public policy. Mayor Puluqi stated the only reason the Council was willing to give this higher density was for the affordable housing provision. Without the provision as suggested by Mr. Phillips, he felt the developer could turn around and sell the property at a sizeable profit with this higher density. Mr. Phillips suggested the following be added to the ordinance: Section 25.37.010 Reversion of Zoning in the Event of Noncompliance with Terms. In the event the terms and conditions are not complied with by the developer, the zoning shall revert to the zoning which existed prior to the development. MR. DENNIS MARTIN, developer and applicant, addressed Council stating that it was his understanding this stipulation was already included as a condition of approval, and he had no objection to its inclusion. Upon motion by Kelly, second by Jackson, Ordinance No. 341 was adopted as amended by unanimous vote of the Councilmen present. B. ORDINANCE NO. 342 - 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 R-2 (6) S.P. TO AHDPR-22 S.P. FOR 17.85 ACRES LOCATED BETWEEN FRED_ . WARING DRIVE AND PARKVIEW DRIVE, EAST OF THE PALM VALLEY STORM CHANNEL AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO. CASE NO. C/Z 02-83. (Continued from the Meeting of July 28, 1983.) Mr. Ortega reported this ordinance was a companion to the previous one and the same input should be noted. Upon motion by Kelly, second by Jackson, Ordinance No. 342 was adopted by unanimous vote of the Councilmen present. XI. CONSENT ITEMS HELD OVER None XIL NEW BUSINESS A. REQUEST FOR AWARD OF ENGINEERING SERVICES CONTRACT FOR NORTH SPHERE ASSESSMENT DISTRICT. Mr. McClellan stated that this item had been reviewed in Study Session at length and that at Council's direction, staff would be making amendments to include properties in the Cook Street area which wished to be included in the assessment district. He reviewed the staff report and the provisions of the agreement noting that the amendment would increase the amount of the contract to an amount not to exceed $51,500 with a budgeted amount of $60,500. He recommended approval of the request. -4- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 11, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Jackson moved to, by Minute Motion, award a contract for assessment engineering services to Sanborn/Webb, Inc. and authorize the Mayor to execute the contract. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmen present. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR ONE -TON UTILITY FLATBED TRUCK. Rec: By Minute Motion, award the bid for a 1984 one -ton utility flatbed truck to Magruder Chevrolet, low bidder. B. REQUEST FOR AWARD OF BID FOR UTILITY COMPACT TRACTOR WITH ATTACHMENTS. Rec: By Minute Motion, award the bid for a new utility compact tractor with attachments to Riverside Tractors, Inc., low bidder. C. REQUEST FOR AWARD OF BID FOR TRACTOR LOADER WITH SCRAPER. Rec: By Minute Motion, award the bid for a new industrial tractor loader with scraper to Garner Implement Company, low bidder. Mr. McClellan reported that the three vehicles requested in Items A, B, and C were authorized by virtue of approval of the budget. Bids were received which were well within the estimated amounts, and he recommended approval of award of all three bids. Upon motion by Snyder, second by Jackson, Items A, B, and C were approved as recommeded by unanimous vote of the Councilmen present. D. REQUEST FOR AWARD OF CONTRACT NO. 1054A - HIGHWAY 111 LANDSCAPING FROM PORTOLA AVENUE TO SAN PABLO AVENUE. Mr. McClellan reported this item had been continued from the last meeting because of the Frontage Road Committee report and recommendation which was to be reviewed and evaluated by staff. He said he had been directed to get an amended bid from the low bidder, Merit Landscaping, for the median strips only since the outside perimeters were subject to change because of the report. The amended bid was in the amount of $82,019. Upon motion by Snyder, second by Puluqi, Contract No. 1054A was awarded to Merit Landscaping Company in the amount of $82,019 for landscaping of the median strips only by unanimous vote of the Councilmen present. XV. ORAL COMMUNICATIONS - B N one XVI. REPORTS AND REMARKS A. CITY MANAGER 1. Frontage Road Report Evaluation Mr. Ortega reported that a staff evaluation of the Frontage Road Committee Report had been presented and discussed in Study Session. -5- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 11, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to direct staff to submit the Frontage Road Report and subsequent staff evaluation to Caltrans for its comments and recommendations. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmen present. 2. Change Order No. 6 for Civic Center Mr. Ortega reported that staff had presented and explained Change Order No. 6 in Study Session. Including a credit of $4,800, the amount of the Change Order was $23,755, and he recommended approval. Upon motion by Kelly, second by Jackson, Change Order No. 6 for the Civic Center in the amount of $23,755 was approved by unanimous vote of the Councilmen present. B. CITY ATTORNEY Mr. Phillips noted that the amendment he suggested for Ordinance No. 341 pertained to development agreements and he wanted the Council to be aware of that. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Puluqi asked that everyone note the Future Meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Snyder, second by Kelly, and unanimous vote of the Councilmen present, Mayor Puluqi adjourned the Council Meeting at 7:30 p.m. to Closed Session for the purpose of discussing a personnel matter, said adjournment to take place immediately following adjournment of the Redevelopment Agency meeting. Mayor Puluqi reconvened the meeting at 8:10 p.m. and immediately adjourned to 9:00 a.m. on Tuesday, August 16, 1983. No action was taken in Closed Session. ATTEST: SHEILA R. G1ixritAN, CIT ERK CITY OF PALM DESERT LIFORNIA RC9'M�O S PUL$QI, MAYOR J -6-