Loading...
HomeMy WebLinkAbout1983-07-14MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 14, 1983 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. CALL TO ORDER Mayor Puluqi convened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kely INVOCATION - Councilman S. Roy Wilson ROLL CALL Present: Councilman Phyllis Jackson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman S. Roy Wilson Mayor Romeo S. Puluqi Also Present: Carlos L. Ortega, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Ramon A. Diaz, Director of Environmental Services Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 23, 1983. Rec: Approve as presented. B. MINUTES of the Adjourned City Council Meeting of June 28, 1983. Rec: Approve as presented. C. MINUTES of the Adjourned City Council Meeting of July 5, 1983. Rec: Approve as presented. D. MINUTES of the Adjourned City Council Meeting of July 7, 1983. Rec: Approve as presented. E. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-123, 83-124, and 84-001. Rec: Approve as presented. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By International Onion for 72-840 Highway 111, Sp. 137, Palm Desert, California. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING JULY 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By JJZ, Incorporated for 73-725 El Paseo, Ste. 22B & C, Palm Desert, California. Rec: Receive and file. H. RESOLUTION NO. 83-68 - 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. I. REQUEST FOR RELEASE OF STREET LIGHT BONDS For Tracts 12181-1 & 12181-2. Rec: Approve the request and authorize the City Clerk to release said bonds. J. NOTICE OF ISSUANCE OF CHANGE ORDERS 1 & 4t CIVIC CENTER CONSTRUCTION - SNEDAKER CONSTRUCTION COMPANY - IN THE TOTAL AMOUNT OF $9,009.25. Rec: Receive and file. K. REQUEST FOR APPROVAL OF FINAL TRACT MAP FOR TRACT 15000 - DESERT FALLS. Rec: Waive further reading and adopt Resolution No. 83-69, approving the final map for Tract 15000. Upon motion by Jackson, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MRS. ALEXIS D. NEWBRANDER addressed Council as Chairman of the Civic Arts Committee. She noted that the Council had all received a communication from Mr. Hovak Najarian, a member of the committee, which outlined recent events as most of the Committee saw them. She said that she had been authorized by all members but two (Jane Leung and Vernon Barton) to tender their resignations from the Committee inasmuch as these recent events made them feel their efforts were a waste of time and useless. VIQ. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF PROPOSED ANNEXATION TO LANDSCAPING AND LIGHTING DISTRICT NO. 2. Mayor Puluqi declared the Public Hearing open and asked for staff's report. Mr. McClellan reviewed the report and stated the matter had also been discussed at length in Study Session. He noted that the district had been formed as an original condition of approval of the tract and that at this time, staff and Council felt it necessary to expand the boundaries of the district inasmuch as the tract had not been completed. Upon question by Councilman Wilson, Mr. McClellan responded that individual assessments without the expansion would be $400 to $500 per year. Mayor Puluqi invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and the following spoke: MR. GERALD WALSH, 1156 N. Mountain Street, Upland, California, spoke as attorney for Lewis Homes of California. He stated they felt -2- MINUTES REGULAR CITY COUNCIL MEETING JULY 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the assessment would actually be much higher than that stated by Mr. McClellan. He said that the entire area surrounding their development should pay a share as it would benefit from the improvements. He presented two letters protesting the levy of any assessments and the annexation of the land (attached hereto and made a part hereof as Exhibit "A"). MR. RAY OTT, 72-990 Deer Grass Drive, Palm Desert, addressed Council as a homeowner of the tract. He too felt the entire area surrounding the development should pay as he felt the entire area benefitted from the channel. MR. RALPH SCHELLINBERGER, 73-975 Deer Grass Drive, Palm Desert, addressed C000uncil stating that some criteria should be established whereby neighboring homes contributed, thus reducing their homeowner fees and assisting them. With no further input offered, Mayor Puluqi declared the Public Hearing Closed. Councilman Wilson said that buyers. should be receiving a substantial cost savings as a result of the drainage fees and park fees the developer did not have to pay when they proposed this channel. The owners across the street did not get any financial credits or benefits from the agreement proposed by Lewis Homes to build this channel. Councilman Snyder stated that the development was approved with the condition that the homeowners would assume responsibility for maintaining the costs of their community area. He cited other tracts approved where this policy is carried on. Upon motion by Wilson, second by Snyder, Resolution No. 83-70, amended to include a section stating "the City Council overrules majority protest filed at the hearing" was approved by unanimous vote of the Council. B. CONSIDERATION OF A RE4UEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT, ZONING ORDINANCE AMENDMENTS, CHANGE OF ZONE PRECISE PLAN, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW THE CONSTRUCTION OF 384 APARTMENT UNITS ON APPROXIMATELY 17.85 ACRES AT A GROSS DENSITY OF 21.5 D.U./ACRE LOCATED BETWEEN FRED WARING DRIVE AND PARKVIEW DRIVE, EAST OF THE PALM VALLEY STORM CHANNEL - ONE QUAIL PLACE, APPLICANT. CASE NOS. GPA 01-83, ZOA 05-83, C/Z 02-83 AND PP 07-83. Mayor Puluqi declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report in detail as well as the proposed resolution and ordinances. Mayor Puluqi invited input in FAVOR of the request. MR. DENNIS MARTIN, 73-725 El Paseo, Palm Desert, spoke as the developer and principal. He stated the new Town Center would bring many citizens to the community looking for housing. Already there has been a need for additional streets, utilities, fire protection, traffic signalization, etc. Additionally, other projects such as a 1,000 room hotel are underway that will generate more housing needs. He said his project would create no more problems than any new project —probably less because this project will have extremely tight professional property management. He said the project at a lower density would not be feasible. Upon question by Mayor Puluqi, Mr. Martin responded that the project would be built in 4 phases over two years. It was possible, however, that it could be finished sooner. -3- MINUTES REGULAR CITY COUNCIL MEETING JULY 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. DON McNEILLY, General Manager of the Palm Desert Chamber of Commerce, spoke in favor of the project. MRS. ALEXIS NEWBRANDER, 46-240 Cottage Lane, Palm Desert, asked if the units would ever be converted to condominiums. Mr. Martin responded that under revenue bond financing, they would have to remain apartments for 10 years minimum. MRS. LINDA BAUM, 45-800 Deep Canyon Drive, Palm Desert, spoke in favor of the project. MRS. BARBARA MOSS, 73-445 Parkview, Palm Desert, spoke in favor of the project. Mr. Diaz noted a letter in support of the project from Mr. Jack Conlon, President of Sunrise Company. Mayor Puluqi declared the Public Hearing closed. Councilman Wilson stated the project was a much needed in the area and was located in an ideal place close to both the college and commercial area. While he felt the increasewd density was warranted, he did not agree with the development agreement system of approval. Councilman Snyder agreed that the Council should not have to adopt the development agreement policy in order to get a project like this that the City desperately needs. Mr. Diaz pointed out the development agreements would be recorded with the property and would be binding on their own terms. Councilmember Jackson stated she had no problem with this type of agreement inasmuch as they were enabling legislation to allow projects just sucha s this. Councilman Kelly moved to waive further reading and adopt Resolution Nos. 83-71 and 83-72 and to pass Ordinance Nos. 341 and 342 to second reading. Councilmember Jackson seconded the motion. Councilman Wilson stated while he approved of the project, he did not approve of the development agreement and general plan amendment and would therefore vote "no". He felt the City Attorney should investigate alternative methods of approving the project. Councilman Snyder concurred. Mayor Puluqi called for the vote for the motion on the floor, and the following votes were cast: AYES: JACKSON, KELLY & PULUQI NOES: Snyder & Wilson ABSENT: None ABSTAIN: None MAYOR PULUQI CALLED A 10-MINUTE RECESS AT 9:20 P.M. & RECONVENED AT 9:30 P.M. WITH NO OBJECTION FROM COUNCIL, THE MAYOR MOVED TO SECTION XII, NEW BUSINESS, ITEM A - YOUTH CENTER - TO ACCOMMODATE PEOPLE IN ATTENDANCE TO DISCUSS THIS ITEM. XII. NEW BUSINESS A. REQUEST FOR FUNDING FOR FISCAL YEAR 1983-84 FROM THE PALM DESERT YOUTH CENTER. Mr. Ortega reported that this item had been discussed at length in Study Session and dealt with a request from the Youth Center for the City to make up its deficit of $25,000 for the year. He reported that he -4- MINUTES REGULAR CITY COUNCIL MEETING DULY 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and members of the Youth Center Board had met with C.V. Recreation & Park District representatives who indicated that agency could assist the Center in providing staff and program support. Therefore, he recommended a one-time funding of $15,000. MR. RICHARD KITE, Chairman of the Youth Center Board, addressed Council asking favorable consideration of the request. He stated that he did not have the same opinion of the meeting that Mr. Ortega did whereby the Recreation District had agreed to assist. He said it was his understanding that the District would be unable to assist for at least a year and probably longer. MR. TONY FRANCO, Director, C.V. Recreation & Park District, stated that while his agency had agreed to assist in a small way with summer staff and possibly a part-time summer program, they would not be able to assist the Center financially for quite a while. Councilman Wilson stated there had been much discussion about our not getting our fair share of the tax dollar going to the Recreation District. He felt the City should make a concerted effort to get it for the Youth Center. Councilman Snyder concurred. Upon motion by Wilson, second by Puluqi, Resolution No. 83-75 was adopted by unanimous vote of the Council with further direction to staff to investigate means of getting more of our tax dollars used in the City from the Recreation District. IX. RESOLUTIONS A. RESOLUTION NO. 83-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING FEES PURSUANT TO SECTIONS 5.06.020 OF THE CODE OF THE CITY OF PALM DESERT. Upon motion by Snyder, second by Kelly, Resolution No. 83-73 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 83-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A VARIANCE TO TITLE 28 (ORDINANCE NO. 221) AS PROVIDED FOR IN CHAPTER 12 OF SAID TITLE (ORDINANCE NO. 230). Upon motion by Wilson, second by Kelly, Resolution No. 83-74 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 339 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING, REPEALING, AND ADDING CERTAIN SECTIONS AND SUBSECTIONS TO CHAPTER 5 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, AS IT RELATES TO BUSINESS LICENSING AND TAXATION. Upon motion by Kelly, second by Puluqi, Ordinance No. 339 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None -5- MINUTES REGULAR CITY COUNCIL MEETING JULY 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. NEW BUSINESS A. REQUEST FOR FUNDING FOR FISCAL YEAR 1983-84 FROM THE PALM DESERT YOUTH CENTER. Action taken just prior to Section IX, RESOLUTIONS, of the Agenda. B. REQUEST FOR AUTHORIZATION OF FISCAL YEAR 1983-84 CONTRACT WITH DAVIS & ASSOCIATES. Upon motion by Wilson, second byu Kelly, and unanimous vote of the Council, this item was continued to the meeting of July 28, 1983, for clarification from the Advertising & Promotion Committee. C. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR A NEW DIESEL TRACTOR LOADER WITH SCRAPER. D. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR A NEW COMPACT UTILITY DIESEL TRACTOR WITH ATTACHMENTS AND TOW TRAILER. E. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR A NEW ONE -TON UTILITY FLATBED TRUCK. Councilman Wilson moved to authorize the City Clerk to advertise and call for bids for Items C, D, and E. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. F. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR CONTRACT NO. 1065 - WIDENING OF THE NORTHEAST CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE. Councilman Wilson moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 1065. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Council. F. REQUEST FOR AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR FISCAL YEAR 1983-84 TO CANNON'S CLEANING SERVICE. Councilman Snyder moved to, by Minute Motion, award the contract for janitorial services to Cannon's Cleaning Service. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT 1064 TO MASSEY SAND & ROCK COMPANY FOR STREET RESURFACING PROGRAM. Councilman Wilson moved to, by Minute Motion, award Contract No. 1064 to Massey Sand & Rock Company and authorize the Mayor and City Clerk to execute same. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. XV. ORAL COMMUNICATIONS - B N one -6- MINUTES REGULAR CITY COUNCIL MEETING JULY 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. REPORTS AND REMARKS A. CITY MANAGER 1. SENIOR CENTER BUILDING CONSTRUCTION. Councilmember Jackson moved to have the City assume the responsibility as lead agency for the construction of the senior center project and to so advise the County. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. 2. POLICY FOR POLICY FOR USE OF FEDERAL MONIES. Councilman Kelly moved to adopt the policy, and Mayor Puluqi seconded the motion. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY C. MAYOR AND MEMBERS OF THE CITY COUNCIL XVII. ADJOURNMENT Upon motion by Snyder, second by Wilson, and unanimous vote of the Cou Mayor Puluqi adjourned the meeting to 9:00 a.m. on Tined y, July 19, 98 ATTEST: • SHEILA R. G IGAN, I i CL CITY OF PALM DESER, ALIFORNIA ROMEO S PULUQI, MAYOR -7- MINUTES REGULAR CITY COUNCIL MEETING JULY 14, 1983 EXHIBIT "A" LEWIS HOMES 45-701 Monroe Street /, Suite I / Indio, California 92201 / 714-342-3885 July 14, 1983 City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Attention: Sheila Gilligan Re: Tract 11636, Canyon Cove Dear Mrs. Gilligan: Lewis Homes of California, a general partnership, owner of parcels of land designated Tracts 11636-2, 3, 4, and 5, hereby protest the levy of any assessments on said land pursuant to the Landscape and Light Act of 1972. The reason for this protest is that the above land was not part of said district at the time that the levy and assessment for the district was adopted by council. Sincerely, LEWIS HOMES OF CALIFORNIA Walsh Aiate General Counsel PJW:ls EXHIBIT "A" cont'd. LEWIS HOMES 45-701 Monroe Street /, Suite I / Indio, California 92201 / 714-342-3885 July 13, 1983 City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Attention: Sheila Gilligan City Clerk Re: Tract 11636, Canyon Cove Dear Mrs. Gilligan: Lewis Homes of California in accordance with Section 22589 of the California Streets and Highway Code hereby protest annexation of Tract 11636-2, 3, 4, and 5 in Landscape and Lighting District Number 2 (Lewis Homes' Canyon Cove) of the City of Palm Desert. The grounds for this protest are that the territory benefitted by improvements of the district has not been properly defined in the manner required by law and therefore the proposed annexation is discriminatory and an abuse of discretion by the City. Sincerely, LEWIS HOMES OF CALIFORNIA Je old \Walsh As cite General Counsel JW:ls