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HomeMy WebLinkAbout1983-10-13MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 13, 1983 CITY HALL COUNCIL CHAMBERS 7:00 P. M. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. CALL TO ORDER Mayor Puluqi called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Walter H. Snyder INVOCATION - Councilman Phyllis Jackson ROLL CALL Present: Councilman Phyllis Councilman Richard S. Kelly Mayor Pro-Tempore 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 E. Erwin, City Attorney Ramon A. Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF RESOLUTION OF APPRECIATION TO MRS. BETTY GARRETT. Mayor Puluqi presented the resolution of appreciation of Mrs. Betty Garrett. Mrs. Garrett thanked the Council and Staff for their support and good wishes. B. APPOINTMENT OF MEMBERS TO THE CIVIC ARTS COMMITTEE Mayor Puluqi announced that he had appointed the following individuals to the Civic Arts Committee: Dr. Hovak Najarian, Dr. John Norman, Ms. Paula Kroonen, and Mrs. Evelyn Young. VI. CONSENT CALENDAR A. MINUTES of the Special City Council Meeting of September 20, 1983. Rec: Approve as presented. B. MINUTES of the Regular City Council Meeting of September 22, 1983. Rec: Approve as presented. C. MINUTES of the Adjourned City Council Meeting of September 27, 1983. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL' MEETING OCTOBER 13,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MINUTES of the Special City Council Meeting of September 29, 1983. Rec: Approve as presented. E. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-032, 84-033, and 84-035. Rec: Approve as presented. F. RESOLUTION NO. 83-98 - 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. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Pizza Palazzo, Inc. for 72-840 Highway 111, Palm Desert, California. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Chris & Mennie Abelardo for Maxim's, 72-840 Highway 111, Palm Desert, California. Rec: Receive and file. I. CLAIM AGAINST THE CITY By Trini Chacon In The Amount of $1,400.00. Rec: Deny the Claim and instruct the City Clerk to notify the Claimant. J. CLAIM AGAINST THE CITY By Ernst Schwenzer In The Amount of $333.80. Rec: Deny the Claim and instruct the City Clerk to notify the Claimant. K. LETTER OF REQUEST From Ms. Jeanne E. Salvo For Flood Control In The Desert Paradise Tract. Rec: Refer to Staff for review and report. L. AUDIT REPORT By Thomas, Byrne & Smith For City of Palm Desert Year Ended June 30, 1983. Rec: Receive and file. Upon motion by Snyder, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A Mrs. Anne Cooper, Cahuilla Hills spoke to Council about the flooding problem on her property caused by the flood channel. Additionally, the road leading to her property is in disrepair, and the County Road Department does not accept the road as a County dedicated road. Therefore, this access road remains in poor condition and unfit for traffic. Carlos Ortega stated that he would look into it, and contact Mrs. Cooper with a report. -2- MINUTES _ REGULAR CITY COUNCIL MEETING OCTOBER 13, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPLICATION FOR A CONDITIONAL USE PERMIT ISSUED BY THE PLANNING COMMISSION TO ALLOW CONSTRUCTION AND OPERATION OF A CAR WASH AND GASOLINE STATION AT THE PALM DESERT TOWN CENTER. PALM DESERT TOWN CENTER ASSOCIATES, APPLICANTS. CASE NO. CUP 19-83. Mayor Puluqi declared the Public Hearing open and asked for staffs report. Mr. Diaz reported that the proposed project had been reviewed in terms of design compatibility, traffic flow, and landscaping design, and recommended adoption of Resolution No. 83-99. Mayor Puluqi invited input in FAVOR of the resolution, and none was offered. He invited input in OPPOSITION to the resolution, and the following spoke: MR. RICHARD FROMME, 71-467 Estellita, Palm Desert, spoke of the noise problem for residents close to the car wash. He was also concerned that this project would decrease the number of parking spaces in the Palm Desert Town Center causing shoppers to park on residential streets. He stated that he was told that car washes were only allowed in the Cook Street area. Mr. Diaz stated that the required parking spaces for the car wash would not have a negative impact on the Palm Desert Town Center parking. The City could, however, prohibit street parking if it becomes a problem to residents. He did not foresee a noise problem with either the car wash or the fire station. MR. FROMME asked why construction has already begun on the project before obtaining a building permit. Mr. Diaz pointed out that this was grading, and very possibly a part of the develoment plan. MR. KEN WILLIAMS, 73-600 Pinyon Street, Palm Desert, also spoke against the resolution, expressing the same concerns as Mr. Fromme. Mayor Puluqi declared the Public Hearing closed. Upon motion by Wilson, second by Kelly, Resolution No. 83-99 was adopted by unanimous vote of the Council. B. CONSIDERATION OF A PREANNEXATION CHANGE OF ZONE FROM R-1-1 (RIVERSIDE COUNTY) TO HPR, D (HILLSIDE PLANNED RESIDENTIAL DRAINAGE OVERLAY) FOR FIVE ACRES GENERALLY LOCATED NORTH OF THE CAT CREEK DEBRIS BASIN, EAST OF PAISANO ROAD, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO. ROBERT MAINERO AND EISNER-SMITH ASSOCIATES, APPLICANTS. CASE NO. C/Z 04-83. Mayor Puluqi declared the Public Hearing open and asked for Staff's report. Mr. Diaz reported that the project meets all requirements in protecting the immediate and surrounding areas. He recommended that Council adopt Ordinance No. 346 approving the zone change from the existing R-1-1 (1 unit per acre) to HPR-D. Councilman Snyder asked if a bridge exists on the property. Mr. Diaz stated that there will be a wooden bridge constructed. Mayor Puluqi invited input in FAVOR of the ordinance and the following spoke: ANNE COOPER, Cahuilla Hills, Palm Desert, asked if the access road will be open for residents to use. Mr. Diaz reported that the developers have the right of access. Mayor Puluqi invited input in OPPOSITION to the ordinance and none was offered. He declared the Public Hearing closed. -3- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 13, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. ROBERT MAINIERO spoke to Council, assuring them that he had contacted the water company, and that they had no objections to the project. Upon motion by Snyder, second by Kelly, Ordinance No. 346 was passed to second reading by unanimous vote of the Council. C. 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. Mayor Puluqi declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the basic land uses of the proposed plan. The Coachella Valley Water District will service the area upon execution of an agreement. The issue has been continued by the Planning Commission until such an agreement is signed. Mr. Diaz reviewed the site map, explaining that area 13 will have a hotel and that it falls within the Hillside Development regulations. Staff has recommended all open spaces as irrevocable dedication areas. Additionally, the applicant will be required to dedicate all rights -of -way for the Palm Valley Channel. He recommend adoption of Resolution 83-100 certifying negative environmental impact and waive further reading of Ordinance No. 347 until dedication requirements are met. Councilman Wilson asked and received clarification of Exhibit B. Mayor Puluqi asked that any correspondence in OPPOSITION or in FAVOR of this proposal be noted for the record. The City Clerk reported that she had received a letter from Ann Cooper and Jocelyn Vortmann regarding the density of units per acre in the proposed project. Mayor Puluqi invited input in FAVOR of the ordinance and resolution, and the following spoke: MR. DAN PASOLOVICH, of Western Allied Properties, stated that he wished to proceed with the project, that the project is in line with the City's General Plan, and asked for a continuance of two weeks to reach an agreement with the Water District. Mayor Puluqi invited input in OPPOSITION to the resolution and ordinance, and the following spoke: ANN COOPER, Cahuilla Hills, and MR. BRUCE THOMAS, 71225 Cholla Road, addressed the Council stating that a majority of the residents are opposed to the project and that the density, noise, bright street lighting, air quality and gnats are a major concern. The hotel will add to traffic on Highway 74 and that the City should utilize this remaining land in the custom of the surrounding residences. David Erwin requested keeping the hearing open for further discussion. Councilman Wilson stated that a transitional zoning for that area would be fair. Councilman Kelly expressed his concern that the dedication of the Palm Valley Channel has not been negotiated. MR. PASOLOVICH responded that negotiations are continuing with the Water District and that the dedication would occur simultaneously with the agreement and zone change. Mayor Puluqi declared that the Public Hearing remain open for discussion at a later date. -4- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 13,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Snyder, second by Kelly and unanimous vote of the Council, Resolution No. 83-100 and Ordinance No. 347 were continued to the meeting of November 10, 1983. Mayor Puluqi recessed the meeting at 8:05 p.m. until 8:20 p.m. at which time he reconvened the meeting. D. CONSIDERATION OF AN APPROVAL OF A DEVELOPMENT AGREEMENT, RESOLUTIONS OF INTENT, SELECTION OF BOND COUNSEL AND UNDERWRITER FOR TAX-EXEMPT BOND FINANCING ON AN APPROVED 384-UNIT APARTMENT PROJECT. ONE QUAIL PLACE, APPLICANTS. CASE NO. DA 01-83. Mayor Puluqi declared the Public Hearing open and asked for Staff's report. Phill Drell reviewed the articles of the Affordable Housing Development Agreement. He recommended waiving further reading and passing Ordinance No. 348 to second reading, adopting Resolution No. 83-101 and Resolution No. 83-102, and approving the Indemnity Agreement. Mayor Puluqi asked the City Clerk for a report of correspondence. None had been received. Mayor Puluqi invited input in FAVOR of the ordinance, and none was offered. He invited input in OPPOSITION to the ordinance, and none was offered. He requested comments from staff, and there were no comments. Mayor Puluqi declared the Public Hearing closed. Upon motion by Kelly, second by Jackson and unanimous vote of the Council, Ordinance No. 348 was passed to second reading. Upon motion by Kelly, second by Wilson, Resolution No. 83-101 was adopted by unanimous vote of the Council. Upon motion by Kelly, second by Wilson, Resolution No. 83-102 was adopted by unanimous vote of the Council. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, the Indemnity Agreements for bond counsel were approved by Minute Motion. IX. RESOLUTIONS A. RESOLUTION NO. 83-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CITY'S SB-325 CLAIM (LOCAL TRANSPORTATION FUND) FOR THE 1983-84 FISCAL YEAR. Bruce Altman reviewed the subject claim for Transportation Funds for FY 1983-84. He recommended adoption of Resolution No. 83-103. Upon motion by Snyder, second by Puluqi, Resolution No. 83-103 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 83-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 83-59, ESTABLISHING A TABLE OF SALARY RANGES FOR CLASSIFICATIONS AND POSITIONS BY CHANGING THE SALARY RANGE FOR ONE CLASS TITLE. Bruce Altman reported that the resolution was self-explanatory and recommended adoption. Upon motion by Snyder, second by Kelly, Resolution No. 83-104 was adopted by unanimous vote of the Council. -5- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 13,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. Mr. Altman requested continuance to the meeting of November 10, 1983 for further discussion and counsel. Upon motion by Wilson, second by Kelly, Resolution No. 83-105 was continued to the meeting of November 10, 1983. D. RESOLUTION NO. 83-106 - 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. 18", PURSUANT TO SECTION 35140 OF THE STATE GOVERNMENT CODE. Mr. Altman briefly reviewed the preannexation application with recommendation to adopt Resolution No. 83-106. Councilman Kelly moved to adopt Resolution No. 83-106. Councilman Snyder seconded the motion. Motion passed by unanimous vote of the Council. X. ORDINANCES For Introduction: 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. (Continued from the Meeting of September 22, 1983. Mr. Altman requested continuance of reading to November 10, 1983. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Ordinance No. 345 was continued to the Council Meeting of November 10, 1983. For Adoption: A. ORDINANCE NO. 324 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1, AS AMENDED. Carlos Ortega reported that Council had held first reading of Ordinance No. 324, ordaining detachment of a portion of Indian Wells territory. The second reading was contingent upon an agreement reached between the County and Indian Wells. A11 required agreements being reached, Mr. Ortega recommended adoption of Ordinance No. 324. Upon motion by Wilson, second by Snyder, Ordinance No. 324 was adopted by unanimous vote of the Council. XI. XII. CONSENT ITEMS HELD OVER N one NEW BUSINESS A. REQUEST FROM CANYON COVE HOMEOWNERS ASSOCIATION FOR REDESIGN OF THE HAYSTACK CHANNEL. Mr. Altman requested continuance of this item to November 10, 1983, for further study and discussion. -6- MINUTES REGULAR CITY COUNCi:. MEETING OCTOBER 13, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Wilson, second by Kelly, and unanimous vote of the Council, the Request from Canyon Cove Homeowners Association was continued to the meeting of November 10, 1983. B. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS For the Construction of the Seniors' Center. Mr. Ortega reported that the Senior Center is ready to go out for bid. The City has received committments of $411,851.00. He felt the base bid would be less than the amount available. Mayor Puluqi noted that Mr. Clark was in the audience. Councilman Snyder commended Mr. Clark for his efforts in putting this project together. Upon motion by Snyder, second by Kelly, the request for authorization to call for bids was approved by unanimous vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR INFORMATION MANAGEMENT STUDY. (Continued from the Meeting of September 22, 1983.) Mr. Altman requested a continuance of this item until the Director of Finance, Paul Byers returned from vacation. Upon motion by Snyder, second by Kelly, and unanimous vote of the Council, the request for award of contract was continued until a new Finance Director is on board to give input and recommendation. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B MR. DENNIS HEIL, 72-440 Brushwood, Palm Desert, addressed the Council of the concern of the residents in the Desert Paradise housing tract. There is a severe drainage problem in this tract, and he would like to know if there is any imminent plans to correct this. Barry McClellan reported that the Public Works Department has retained an engineer for this drainage study, and will have a written report by next Council meeting. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. APPROPRIATION FOR BIRTHDAY COMMITTEE Bruce Altman requested Council to approve an appropriation of $7,015.00 for the Birthday Committee funds. Upon motion by Jackson, second by Kelly and unanimous vote of the Council, Resolution No. 83-107 requesting appropriation of $7,015.00 for the Birthday Committee was approved. 2. RESOLUTION NO. 83-108 A RESOLUTION OF CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE ESTABLISHMENT OF A COACHELLA VALLEY FRINGE -TOED LIZARD RESERVE AND RECOMMENDING POLICIES TO ASSURE PRESERVATION OF ITS CRITICAL HABITAT. Upon motion by Wilson, second by Kelly, Resolution No. 83-108 was adopted by unanimous vote of the Council. -7- MINUTES -- REGULAR CITY COUNCIL MEETING OCTOBER 13, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. RESOLUTION NO. 83-109 - 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 Snyder, second by Kelly, Resolution No. 83-109 was adopted by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Dick Kelly requested that since we were hosting the next Mayor's and Councilmen's Conference Dinner on November 9, 1983, we should attempt to scatter our own Councilmen throughout the dinner hall. XVII. ADJOURNMENT Upon motion by Snyder, second by Kelly, and unanimous vote of the Council, Mayor Puluqi adjourned the meeting at 9:20 p.m. to Closed Session for the purpose of discussing personnel matters. Mayor Puluqi reconvened the meeting at 9:55 • m. nd immediately adjourned with no action taken in Closed Sessi 'ROMEO S. PULUQI, MAYOR v ATTEST: SHEILA R. GI IGAN, C- CITY OF PALM DESERt CLERK CALIFORNIA -8-