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Home My WebLink About1983-07-28MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 28, 1983 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tempore Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Excused Absence: V. VI. Councilmember Phyllis Jackson Councilman Richard S. Kelly Councilman S. Roy Wilson Mayor Pro-Tempore Walter H. Snyder Also Present: Mayor Romeo S. Puluqi Carlos L. Ortega, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works Paul E. Byers, Director of Finance AWARDS, PRESENTATIONS, AND APPOINTMENTS N one CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of July 12, 1983. Rec: Approve as presented. B. MINUTES of the Regular City Council Meeting of July 14, 1983. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-012, 83-013, 83-014, and 83-015. Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Karla and Rick Seidner for The El Paseo Sandwich Shoppe, 73-990 El Paseo, Palm Desert. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING JULY 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mario Charles Del Guidice for Pietro's, 72-221 Hwy 111, Suite A-1, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dorothy E. Baker and Robert T. Landgrebe for 73-260 El Paseo, Suite A-1, Palm Desert . Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ed Gene Gillespie for Romitti's Wine Cellar, 73-640 El Paseo, #1 and 4, Palm Desert. Rec: Receive and file. H. REQUEST FOR RELEASE OF BONDS for Tract No. 13915, Frank R. Goodman, Applicant. Rec: By Minute Motion, accept the tract as complete and authorize the City Clerk to release the Faithful Performance Bond and accept a ten percent maintenance bond for the one- year maintenance period or reduce the Performance Bond to ten percent of its face value. I. MONTHLY REPORT FROM SHERIFF'S DEPARTMENT for Period June 1, 1983 through June 30, 1983. Rec: Receive and file. Mrs. Gilligan asked that Item B be continued for approval at the next regular meeting. -- Upon motion by Wilson, second by Kelly, the Consent Calendar was approved as presented with the exception of Item B by unanimous vote of the Councilmen present. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION BY CARLSON DESIGN &c CONSTRUCTION COMPANY FOR KENTUCKY FRIED CHICKEN. CASE NO. 179C. Mayor Pro-Tempore Snyder declared the Public Hearing open and asked for Staff's report. Mr. Diaz reported that the recent reorganization of the Architectural Review Commission (formerly the Design Review Board), decision appeals were submitted to the City Council. He advised that the appellant wished to construct the typical Kentucky Fried Chicken cupola, but that the Architectural Review Commission did not feel it would blend with the rest of the center and thus denied the request for a Conditional Use Permit. Staff recommended that the City Council affirm the decision of the Architectural Review Commission and deny the appeal. Mayor Pro-Tempore Snyder invited input in FAVOR of the appeal, and the following was offered: MR. DAVE CARLSON, 933 Cardiff Circle, Anaheim, California, stated that the cupola was a standard image of this business. He showed the -2- MINUTES REGULAR CITY COUNCIL MEETING JULY 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Council pictures of other franchise restaurants that had one. The proposed cupola would be at a very low point of the building and would provide recognition just as the arches do for McDonalds. There are a total of 150 of them throughout Southern California, and he felt it would add to the architectural design of this building. MR. KELLY COLLINS, 73-174 Bill Tilden Lane, Palm Desert, addressed Council as owner of the Kentucky Fried Chicken franchise and asking its favorable decision on the appeal as it would add to the building's architecture as well as offering better visibility of the business. Mayor Pro-Tempore Snyder invited other input in FAVOR of the appeal, and none was offered. He invited input in OPPOSITION to the appeal, and the following was offered: MR. CHARLES MARTIN, 73-725 El Paseo, Palm Desert, addressed the Council as Chairman of the Architectural Review Commission and explained that body's position in denying the request, primarily that it did not fit with the existing architecture of the rest of the center. Mayor Pro-Tempore Snyder declared the Public Hearing closed. Councilman Wilson stated that he felt the Council should uphold the findings of the Architectural Review Commission as they looked at it from an architectural standpoint, and they had the expertise. He noted that a precedent already existed in the City inasmuch as McDonalds was not allowed to contruct its arches. Councilman Wilson moved to deny the appeal and uphold the findings of the Architectural Review Commission. Mayor Pro-Tempore Snyder seconded the motion. Motion carried on a 3-1-1 vote with Councilman Kelly voting NO and Mayor Puluqi ABSENT. Councilman Kelly explained his NO vote in that he felt the building looked better with the cupola. B. REQUEST FOR CONSIDERATION OF A PROPERTY ASSESSMENT FOR THE ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Pro-Tempore Snydr declared the public hearing open and asked for Staff's report. Mr. Ortega reported that all owners had been given ample opportunity to clean the property themselves. After the City had the lots cleaned, the owner was afforded an opportunity to pay for it prior to the public hearing and eliminating the administrative costs. The owners listed on the resolution had not availed themselves of either opportunity. Mayor Pro-Tempore Snyder 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, Resolution No. 83-76 was adopted by unanimous vote of the Councilmembers present. IX. RESOLUTIONS A. RESOLUTION NO. 83-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TO LEVY A SPECIAL TAX PURSUANT TO SECTION 53978 OF THE GOVERNMENT CODE FOR FIRE PROTECTION AND PREVENTION SERVICES FOR FISCAL YEAR 1983/84. Mr. Ortega reported that this was the special fire tax levied by the City for the past 3 years. Staff is recommending the amountof $48 per residence and $24 per vacant lot be assessed, less than the $60 maximum approved by the voters. Upon motion by Jackson, second by Kelly, Resolution No. 83-77 was adopted by unanimous vote of the Councilmembers present. -3- J/. �'-X",S�'YA" Y�,i^"� K'' Ti• TTY'kT ♦.y.. MINUTES .'�iG•Jl�ir�%d REGULAR CITY COUNCIL MEETING JULY 28, 1983 * * * * * * * * * * * * * * * *-* * * * * * * * * * * * * * * * * X. ORDINANCES For Introduction: None 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. 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. Mayor Pro-Tempore Snyder stated that this was not a public hearing item but with concurrence of Council, he offered to take testimony. MR. KENNETH COSGROVE, 44-115 San Luis Rey, Palm Desert, expressed concern that the high density would lower his property value. He stated that many of his neighbors were on vacation during the summer months and asked that the ordinance adoption be continued. MS. SANDY WILSON, 44-097 San Luis Rey Drive, Palm Desert, opposed the ordinance in that it would create more traffic in a residential zone with many children. MR. DENNIS MARTIN, 73-725 El Paseo, Palm Desert, project owner, stated that this was neither a low class nor low cost housing project. It was rather one that would be an asset to the community. He pointed out that conditions of approval mandated his building street improvements to carry any additional traffic. Councilman Wilson expressed concern that a major change to the General Plan had been made by resolution when he felt it required an ordinance to do so. Deputy City Attorney Doug Philips stated his concurrence with Coucilman Wilson's question and asked that the matter be continued for two weeks to allow him time to determine the proper procedure. Upon motion by Wilson, second by Snyder, Ordinances No. 341 and 342 was continued to the next regular meeting of the City Council by a 3-1-1 vote, with Councilmember Jackson voting NO and Mayor Puluqi ABSENT. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR AIR-CONDITIONING MAINTENANCE FOR CITY BUILDINGS FOR FISCAL YEAR 1983/84. Mr. McClellan reveiwed the staff report and offer to answer any questions Council had. Councilmember Kelly moved to, by Minute Motion, authorize the Mayor and City Clerk to execute a contract for preventive maintenance of air-conditioning with Bob -4- MINUTES REGULAR CITY COUNCIL MEETING DULY 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Downs, Inc. for fiscal year 1983/84. Councilmember Jackson seconded the motion which carried by a 4-0-1 vote of the Councilmembers present. B. REQUEST FOR APPROVAL OF PROPOSED AGREEMENT WITH CALTRANS FOR INSTALLATION OF TRAFFIC SIGNALS. Mr. McClellan reveiwed the staff report and offer to answer any questions Council had. Councilmember Jackson moved to waive further reading and adopt Resolution No. 83-78, authorizing the Mayor to execute a cooperative agreement with Caltrans for the installation of traffic signals at the intersections of El Paseo/Cabrillo Avenue and San Luis Rey Avenue and State Highway 111. Councilman Wilson seconded the motion. Motion carried by a 4-0-1 vote of the Councilmembers present. C. REQUEST FOR CONSIDERATION OF A STREET VACATION OF FRONTAGE ROAD AT SANDY'S RESTAURANT. Upon motion by Wilson, second by Kelly, Resolution No. 83-79, ordering a public hearing to consider the vacation, was adopted by a 4-0-1 vote of the Council. D. REQUEST FOR APPROVAL OF EASEMENT BY SOUTHERN CALIFORNIA EDISON COMPANY. Councilman Kelly moved to, by Minute Motion, approve the request and authorize the Mayor and City Clerk to execute the Grant of Easement. Councilman Wilson seconded the motion. Motion carried by a 4-0-1 vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION OF FISCAL YEAR 1983-84 CONTRACT WITH DAVIS & ASSOCIATES. (Continued from the Meeting of July 14, 1983.) Mr. Ortega reported that the Council had continued this item at its last meeting to clarify the increase in the Agency's monthly fee. The Chairman of the A & P Committee had explained in Study Session that the Agency would be increasing its duties and thus requested an increase. Councilmember Jackson moved to approve the agreement and authorize the Mayor and City Clerk to execute it. Councilman Kelly seconded the motion. Motion carried by a 4-0-1 vote of the Council. XIV. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR HIGHWAY 111 IMPROVEMENTS FROM MONTEREY AVENUE TO SAN PABLO AVENUE AND PORTOLA AVENUE TO DEEP CANYON ROAD. CONTRACT NO. 1056. Councilman Wilson moved to, by Minute Motion, award Contract No. 1056 to Massey Sand & Rock Company, low bidder. Councilmember Jackson seconded the motion. Motion carried by a 4-0-1 vote of the Council. XV. XVI. ORAL COMMUNICATIONS - B None REPORTS AND REMARKS A. CITY MANAGER 1. AGREEMENT WITH C.V. PARK & RECREATION DISTRICT FOR MAINTENANCE OF THE SPORTS COMPLEX. Mr. Ortega reported that with this agreement, the Rec. District would maintain the fields, the electrical, and replacement of lights with the City responsible for the rest of the maintenance. -5- MINUTES REGULAR CITY COUNCIL MEETING JULY 28, 1983 . * * * * * * * * * * * *•* * * * * * * * * * * * * * * * * * * * * Councilman Kely moved to approve the agreement and authorize the Mayor and City Clerk to execute same. Councilmember Jackson seconded the motion. Motion carried by a 4-0-1 vote of the Council. 2. CHANGE ORDER #3 TO TOWN CENTER FIRE STATION NOT TO EXCEED 53,000. Upon motion by Jackson, second by Kelly, Change Order No. 3 was approved by a 4-0-1 vote of the Council. 3. RESOLUTION NO. 83-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING TO RECEIVE TESTIMONY ON THE CHANGE OF A SUBCONTRACTOR FOR THE TOWN CENTER FIRE STATION. Upon motion by Kelly, second by Jackson, Resolution No. 83-9- was adopted by a 4-0-1 vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL None XVII. ADJOURNMENT Upon motion by Kelly, second by Jackson, and a 4-0-1 vote of the Council, Mayor Pro-Tempore Snyder adjourned the meeting to 10:00 a.m. on Tuesday, August 2, 1983, with a Study Session to be held at 8:00 a.m. for the purpose of interviewing potential Rent Review Commissioners. ATTEST: SHEILA R. GI IGAN, CI ` 'CLERK ALIFORNIA CITY OF PALM DESER WALTER H. SNYDER MAYOR PRO-TEMPORE l -6-