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HomeMy WebLinkAbout1983-11-10MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 10, 1983 CIVIC CENTER ADMINISTRATIVE CONFERENCE ROOM * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Puluqi convened the meeting at 7:00 p.m. in the Administrative Conference Room. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilmember Phyllis Jackson Councilman Richard S. Kelly Mayor Pro-Tem Walter H. Snyder Councilman S. Roy Wilson Mayor Romeo S. Puluqi Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Barry McClellan, Director of Public Works Ramon A. Diaz, Director of Environmental Services Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. SELECTION BY CITY COUNCIL OF MAYOR AND MAYOR PRO- TEMPORE. Mayor Puluqi declared the offices of Mayor and Mayor Pro-Tempore vacant and turned the meeting over to the City Clerk for selection of new officers. Mrs. Gilligan declared nominations open for the office of Mayor. Councilman Puluqi nominated Councilman Walter H. Snyder. Councilman Wilson moved to close nominations and cast a unanimous ballot for Councilman Snyder. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. Mrs. Gilligan declared nominations open for the office of Mayor Pro-Tempore. Councilman Puluqi nominated Councilman Richard S. Kelly. Councilman Wilson moved to close nominations and cast a unanimous ballot for Councilman Kelly. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. Mayor Snyder thanked his fellow Councilmembers and said he hoped he would continue the excellent work of his predecessor. He said Councilman Puluqi had done a wonderful job, one we should all thank him for. Councilman Wilson said he knew how much time and effort Councilman Puluqi MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * had put into the job as Mayor. He said he had done an outstanding job. He had brought the community together, and the City was on a roll. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 27, 1983. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-042, 84-043, and 84-044. Rec: Approve as presented. C. NOTIFICATION OF MANAGER'S APPROVAL Of Change Order No. 2 to Socal Constructors Contract No. 1058. Rec: Receive and file. D. CLAIM AGAINST THE CITY By United Pacific/Reliance Ins. Co. On Behalf of Chapparal Country Club Homeowners Association For In Excess of $200,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By J. J. Z., Inc. for The Desert Greenhouse Restaurant, 73-725 El Paseo, Palm Desert, California. Rec: Receive and file. Upon motion by Puluqi, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. FRANK GUERRO, 46-350 South Jackson Street, Indio, addressed Council and introduced himself as the new Executive Director of the Coachella Valley Recreation and Parks District. He offered assistance to the City in working with the District on recreational programs. Mayor Snyder thanked Mr. Guerro for attending the meeting and said that the City would take him up on his offer and be in touch with him. VIII. PUBLIC HEARINGS A. CONSIDERATION OF A PREANNEXATION CHANGE OF ZONE FROM R-1 (ONE FAMILY DWELLING) (RIVERSIDE COUNTY ZONING) TO PCD (UA) (PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONE, UPON ANNEXATION) AND APPROVAL OF A COMMUNITY MASTER PLAN TO ALLOW DEVELOPMENT OF 1266 RESIDENTIAL UNITS, A 300-UNIT HOTEL AND RELATED RECREATIONAL FACILITIES ON LAND PRIMARILY ON THE WEST SIDE OF HIGHWAY 74, IMMEDIATELY SOUTH OF THE EXISTING PALM DESERT CITY LIMITS. WESTERN ALLIED PROPERTIES, INC. AND PLANNING CENTER, APPLICANTS. CASE NO. C/Z 09-81. (Continued from the Meeting of October 13, 1983.) Mayor Snyder noted this was a continued item and the Public Hearing was open. He asked for a staff report. Mr. Diaz noted that he and Mr. Ortega had met with the developer. Staff continued to recommend the adoption of the resolution certifying the negative declaration of environmental impact and the introduction of the prezoning ordinance. He noted, hoever, that staff recommended that the final adoption of that ordinance not occur until the mitigation measure relative to drainage and flood control, specifically the -2- MINUTES REGULAR CITY COUNc- . MEETING NOVEMBER 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * requirement for the dedication of right-of-way for the Palm Valley Channel, was resolved. Mayor Snyder invited testimony from the applicant. MR. TOM CLARK, representative of Western Allied Properties, addressed Council with concerns about area 10-A of the project. He said that staff had recommended to the Planning Commission that this area be included in the hillside overlay zone which would permit residential development subject to the hillside restrictions. The Planning Commission rejected it and placed the area in the Open Space Preserve, , and he asked that the Council reconsider it. Upon question by Councilman Puluqi, Mr. Clark responded that it was their feeling that the appropriate method for the City to handle acquiring the right-of-way for the channel was simply to require that the matter be resolved as a condition of implementing the zoning in whatever way possible. He felt that to present it as a condition where they were required to dedicate it in the middle of a law suit made their position virtually intenable. For the record he said that while at some point in the process the City may have taken the position that the channel was necessitated by this development, this development could not have occurred without it, was a position they entirely disagreed with. With regard to Item 3 relating to the Master Plan drainage fee, he could not understand how the dedication of the channel and some 30 acres of property and then the additional requirement of drainage fees could be substantiated. Secondly, he said it was unprecedented to require as a condition of zoning that the property owner place a cash bond for unknown fees. He said the normal procedure was to adopt the ordinance and when the study is completed, the fees would be imposed and payable at the time of final map recordation — not at the time of zoning application. He said it was not an appropriate subject matter for zoning and the imposition of a $2.8 million up -front cost was inconscionable. Mr. Diaz responded that the $2.8 was to be set aside in a fund and when the Master Plan Drainage Study was completed, the proper fees would be calculated against that area. In regard to Area 10, Mr. Diaz stated that staff's original recommendation was modified to concur with the Commission's recommendation. Councilman Puluqi emphasized his concern that until the matter of right-of-way was resolved, he preferred taking no action on the project at all. Councilman Wilson stated that the property would not have been developable without the construction of the channel and the least the developer could do was dedicate the required land for that purpose. Mr. Clark responded that they had to have fair market value for the property which was the reason for the suit. Mr. Erwin asked Mr. Clark if he understood correctly that in the event the Council imposed this condition as part of their resolution on mitigation, it was not currently the developer's intent to comply with that but to continue the litigation. Mr. Clark responded that the developer would have to think about it -- that no firm conclusion had been reached. Mr. Erwin stated that this was a condition that was imposed or discussed and negotiated several years ago prior to any ligitation. Mr. Clark responded that it was. Mr. Erwin asked that the Council consider continuing this matter to the next regular meeting to allow him an opportunity to give some further thought to Mr. Clark's answers as to the developer's position with regard to the conditions. -3- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. Upon motion by Wilson, second by Kelly, the matter was continued to the meeting of December 8, 1983, by unanimous vote of the Council. IX. RESOLUTIONS C. RESOLUTION NO. 83-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANIZATION KNOWN AS "PALM DESERT ANNEXATION NO. 16", PURSUANT TO SECTION 35140 OF THE STATE GOVERNMENT CODE. (Continued from the meeting of October 13, 1983.) Mr. Diaz requested a continuance of this item inasmuch as it dealt with the previous item on the agenda. Upon motion by Wilson, second by Kelly, the item was continued to the meeting of December 8, 1983, by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 351 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.04.290 AND 5.04.320 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO BUSINESS LICENSE TAX. Mr. Altman requested a continuance of this item to allow the Chamber of Commerce time to provide input. Upon motion by Wilson, second by Kelly, and unanimous vote of the Council, the item was continued to the meeting of December 8, 1983. For Adoption: A. ORDINANCE NO. 345 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A POLICY FOR CONTROLLING CONFLICT OF INTEREST ACTIVITIES FOR CITY EMPLOYEES. Mr. Altman reported the ordinance had been reviewed with the Employees' Organization, and staff recommended adoption. Upon motion by Puluqi, second by Kelly, Ordinance No. 345 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 349 - 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-1 (RIVERSIDE COUNTY) TO PR-5 (U.A.) (PLANNED RESIDENTIAL, 5 UNITS PER ACRE UPON ANNEXATION) AND HPR, D (U.A.) (HILLSIDE PLANNED RESIDENTIAL, DRAINAGEWAY OVERLAY, UPON ANNEXATION) AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 258 ACRES CONTIGUOUS TO THE CITY'S SOUTHERN BOUNDARY EAST OF HIGHWAY 74. CASE NOS. C/Z 03-83 AND CC/Z 08-81. Upon motion by Kelly, second by Puluqi, Ordinance No. 349 was adopted by unanimous vote of the Council. -4- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 8 TO THE CIVIC CENTER CONTRACT. Mr. Altman reported this item had been discussed at length in Study Session. He recommended approval of the request as well as adoption of Resolution No. 83-121 which would appropriate $145,545 to cover all necessary expenditures for furnishings, landscaping, etc. to complete the Civic Center as discussed in Study Session. Councilman Puluqi moved to, by Minute Motion, approve the request and authorize payment of Change Order No. 8 in the amount of $28,560 and to waive further reading and adopt Resolution No. 83-121. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF AN EXPENDITURE NOT TO EXCEED $3,000 FOR THE REPRODUCTION OF OLD PHOTOGRAPHS TO BE DISPLAYED AT THE CIVIC CENTER. Councilman Puluqi moved to waive further reading and adopt Resolution No. 83-119 appropriating the money and to refer the matter to the Civic Arts Committee for its coordination. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF CONTRACT FOR GEOTECHNICAL SERVICES FOR THE MONTEREY AVENUE BRIDGE PROJECT. Mr. McClellan reported that bids had been received for these services. The firm selected will investigate the soils in the area to determine how the pilings and footings of the proposed bridge should be designed. He noted that Converse Consultants had submitted the low bid, and they were qualified to do the work. Councilman Wilson moved to award a contract in the amount of $10,500 to Converse Consultants. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. D. REQUEST FOR SUPPORT FROM COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS RELATIVE TO THE SOUTHERN CALIFORNIA EDISON LIFELINE RATE. Councilman Wilson moved to approve the request and direct staff to prepare a letter of support for the Mayor's signature. Councilman Puluqi seconded the motion. Motion carried by unanimous vote of the Council. E. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR HIGHWAY 111 TRAFFIC SIGNAL MODIFICATION. Mr. Altman reported that this was part of the work related to the street improvements now being made on Highway 111. Councilman Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of new traffic signal vehicle detectors at the specified intersections. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Council. F. REQUEST FOR APPROVAL OF AN AGREEMENT FOR THE SENIORS ASSOCIATION'S BUILDING. Mr. Ortega reported this agreement was with the County of Riverside and was necessary in our undertaking of the building for the Seniors Association. -5- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Puluqi moved to approve the request and authorize the Mayor to execute said agreement. MR. HENRY CLARK, Seniors Association, addressed Council to state that there had been a breakdown in communication with the County resulting in some confusion. Mr. Altman responded that staff would be working with the Seniors Association to resolve the problems. G. REQUEST FROM COUNCILMEMBER JACKSON TO DIRECT STAFF TO PREPARE A RESOLUTION URGING THE STATE BOARD OF EDUCATION TO RESCIND ITS ACTION AND TO TAKE AND EVALUATE TESTIMONY FROM THE COVE COMMUNITIES SCHOOL DISTRICT COMMITTEE. Councilmember Jackson stated that the manner in which the State Board of Education hearings had been conducted had been deemed by our constituents to be shabby. We now had an opportunity through one of the Board members to reopen these hearings. The proposed resolution would urge that reopening. Councilman Puluqi said that we were only looking for our democratic right and if this resolution would help us to that end, he favored it. Councilman Wilson stated he felt that even if the Board reconsidered its action, it would not rescind it. He said the State was insensitive to local needs and it was a waste of time, especially since the County School Committee had recommended denial. He supported the concept of a new school district but thought this effort futile. He stated that our efforts should be directed to working with the current district to resolve problems. Councilman Kelly stated he didn't think the current plans for a new high school would be as far along as they are if it had not been for this new district committee. Upon motion by Kelly, second by Puluqi, Resolution No. 83-122 was adopted by a 4-1 vote with Councilman Wilson voting NO. XIII. CONTINUED BUSINESS A. REQUEST FROM CANYON COVE HOMEOWNERS ASSOCIATION FOR REDESIGN OF THE HAYSTACK CHANNEL. (Continued from the Meeting of October 13, 1983.) Mr. Altman reported that this was a Closed Session item and recommended continuance to December 8, 1983. 1 Upon motion by Puluqi, second by Wilson, and unanimous vote of the Council, the item was continued to the meeting of December 8, 1983. I. REQUEST FROM SOUTHERN CALIFORNIA EDISON COMPANY RELATIVE TO HYDRO RELICENSING. (Continued from the Meeting of October 27, 1983.) Councilman Wilson stated he would oppose the resolution at this time as he felt the CVAG TAC Committee should be given the opportunity to give input on it. He felt a delay in Council's action on it would not hinder its effectiveness. Councilman Kelly stated a resolution has more impact when generated by individual entities. Upon motion by Puluqi, second by Kelly, Resolution No. 83-120 was adopted by a 4-I vote of the Council with Councilman Wilson voting NO. XIV. OLD BUSINESS None -6- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS !-" A. CITY MANAGER 1. REQUEST FOR APPROVAL OF CONTRACT WITH PAUL E. BYERS FOR CONSULTING SERVICES. Mr. Altman reported that Mr. Byers would be retiring officially on November 30, and he would like to retain him on a per diem consulting basis as per his proposal dated November 9, 1983. Councilman Jackson moved to approve the Agreement dated November 9, 1983, with Paul E. Byers for consulting services. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson complimented Mr. Altman for the Agenda Summary in that he felt it was very helpful. XVII. ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session to discuss pending litigation immediately following adjournment of the Redevelopment Agency. Councilman Puluqi seconded the motion, and motion carried by unanimous vote. Mayor Snyder adjourned to Closed Session at 8:35 p.m. Mayor Snyder reconvened the meeting at 9:57 p.m. and immediately adjourned to 4 p.m. on Tuesday, November 15, 1983, with no action taken during Closed Session. ATTEST: SHEILA R. GILLIGAN, C ' CLERK CITY OF PALM DESERALIFORNIA -7- WALTER H. SNYDER, MA