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HomeMy WebLinkAbout1984-08-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 9,1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly III. INVOCATION - Councilmember Phyllis Jackson IV. ROLL CALL Present: Excused Absence: Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Jeff Patterson, Deputy City Attorney Sheila R. Gilligan, City Clerk Barry McClellan, Director of Public Works Stan Sawa, ^rincipal Planner Kirby J. Warner, Director of Finance Frank Alien, Director of Code Enforcement Councilman Romeo S. Puluqi Councilman S. Roy Wilson V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of July 5, 1984, and July 26, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-112, 84-125, 84-126, 85-011, 85-013, 85-014, 85-016, and 85-017. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE BY MANCUSO'S RESTAURANTS, INC. FOR MANCUSO'S, 72-281 HIGHWAY 111, PALM DESERT, CALIFORNIA. Rec: Receive and file. D. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT FOR THE MONTH OF JUNE, 1984. Rec: Receive and file. E. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR A TRAFFIC STRIPING MACHINE. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for a new traffic striping machine. MINUTES AUGUST 9, 1984 REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR A TURF SWEEPING MACHINE. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for a new turf sweeping machine. G. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR A ONE -TON UTILITY FLATBED TRUCK. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for a new one -ton utility flatbed dump truck. H. REQUEST FOR APPROVAL OF APPROPRIATION OF FUNDS FOR PURCHASE OF FEDERAL FINANCIAL DIGEST. Rec: By Minute Motion, approve appropriation in the amount of $395.00 to Account No. 01-4800-382 for purchase of the Federal Financial Digest. I. MONTHLY INVESTMENT REPORT FOR CITY OF PALM DESERT. Rec: Receive and file J. REQUEST FOR APPROVAL OF PROPOSED NORTH SPHERE ASSESSMENT DISTRICT. Rec: 1. Waive further reading and adopt Resolution No. 84-112 designating persons to perform various duties associated with the proceedings for the special assessment district. 2. Waive further reading and adopt Resolution No. 84-113 adopting the proposed boundary maps for the assessment district. 3. Waive further reading and adopt Resolution No. 84-114 covering preliminary determination and ordering the preparation of the report for the district. 4. Waive further reading and adopt Resolution No. 84-115 approving the "Debt Report" and setting the public hearing to consider the report. Upon motion by Kelly, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VII. ORAL COMMUNICATIONS - A MR. DONALD McMILLAN, P.O. Box 1139, Rancho Mirage, addressed the Council relative to the ballot measure on hillside development, which will be on the November 6, 1984, ballot. He asked for clarification of the part of the measure which reads, "This proposition shall be binding on the City Council of Palm Desert", and asked if it means that it will be binding on the Council to rezone his hilltop property. He asked what exactly would happen if the measure passed. Mayor Snyder suggested that Mr. McMillan discuss this matter with the City Attorney. Mr. Altman stated that if the voters pass the measure, there would be no commercial development allowed on the hillsides. Mr. Patterson stated that if the measure passed, there would probably be some type of zone change which would not permit commercial development, but this would not be considered until after the vote. Mr. McMillan asked if, should the ballot measure fail, he would be required to wait for one year before resubmitting his application. -2- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder responded that the Council was not in a position to say at this time what the effect of the ballot measure would be. He stated the Council will ask the City Attorney and the Director of Environmental Services to meet with Mr. McMillan to address his concerns and answer his questions. Council concurred. VIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF APPLICATION FOR INTRODUCTORY SERVICES FOR "THE SINGLE FILES". BARBARA K. MANLOWE, APPLICANT. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Altman reported that this item was discussed at Study Session and that "The Single Files" had made application to the City Council pursuant to Ordinance No. 369 which states that any application for massage, escort, and introductory services mustbe presented to the City Council for a hearing. The Sheriff's Department investigation and Code Enforcement Department recommend approval. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Upon motion by Jackson, second by Kelly, the application for introductory services for "The Single Files" was approved by unanimous vote of the Councilmembers present. B. REQUEST FOR CONFIRMATION OF ASSESSMENTS ON PROPERTY OWNERS IN THE CITY OF PALM DESERT FOR ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Allen reported that thesecharges resulted from the abatement of lots deemed a fire hazard in March, April, and May. The owners were given the required 15-day notice that failure to clean up these lots would result in abatement by the City. Resolution No. 84-110 would confirm these assessments for abatement of weeds and other nuisances. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Upon motion by Kelly, second by Jackson, Resolution No. 84-110 was adopted by unanimous vote of the Councilmembers present. IX. RESOLUTIONS A. RESOLUTION NO. 84-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A RESTAURANT IN THE C-1 ZONE LOCATED WEST OF HIGHWAY 111, 300 FEET NORTHWEST OF PAINTERS PATH. Mr. Altman reported that at the July 26, 1984, meeting the Council had directed Staff to prepare a resolution denying the CUP and noting the findings presented by Councilman Wilson. Councilmember Jackson stated that she still did not agree with this action and felt that it was an arbitrary decision on the part of the Council since there had already been five public hearings on this case. After the first public hearing before the Council, this matter was returned to the Planning Commission for an in-depth study of the Environmental Impact Report (EIR). The recommendation of the Planning Commission was to approve the CUP; however, the Council did not go along with that recommendation and made the decision to deny -3- MINUTES AUGUST 9, 19E4 REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the CUP. She felt that this was not fair and the statement by Councilman Wilson that there was a mistake made when the zoning was changed and this would only compound the mistake was incorrect. She felt this applicant should not be penalized and that the Council was abdicating its responsibility in this case. Councilmember Jackson moved to grant the CUP subject to conditions imposed by the Planning Commission. Motion died for lack of a second. Mayor Snyder stated that inasmuch as the City was faced with possible litigation, it was his feeling that no further testimony on this case should be heard by the Council. A decision had been made at the previous meeting, and this resolution was a follow-through of that decision. MR. WILLIAM HOOPES, 72-678 Pitahaya Street, Palm Desert, asked to address the Council with what he felt was a solution to this problem. It was his feeling that a restaurant could be built inside the mountain, thus making it virtually invisible from the outside. Upon motion by Kelly, second by Snyder, Resolution No. 84-111 was adopted by a 2-1-2 vote of the Council, with Councilmember Jackson voting NO and Councilmembers Puluqi and Wilson ABSENT. X. ORDINANCES For Introduction: A. ORDINANCE NO. 389 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES. Mr. Altman reported that this had been discussed in Study Session. It was Staff's recommendation that the Council pass Ordinance No. 389 to second reading and direct Staff to perform a traffic survey on Portola Avenue between Haystack and El Paseo with a report to the Council at a future meeting. Upon motion by Jackson, second by Kelly, Ordinance No. 389 was passed to second reading, and Staff was directed to perform a traffic survey on Portola Avenue between Haystack and El Paseo by unanimous vote of the Councilmembers present. B. ORDINANCE NO. 390 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A NEW SECTION 8.16.090 RELATING TO SOLID WASTE. Mr. Altman reported that this was discussed in Study Session. This ordinance would permit commercial containers in residential districts for a limited time only. It was Staff's recommendation that this ordinance be continued to the meeting of August 23, 1984, to allow Staff to look into the matter of concealed containers and whether permits should be required. Upon motion by Kelly, second by Jackson, Ordinance No. 390 was continued to the meeting of August 23, 1984, by unanimous vote of the Councilmembers present. For Adoption: A. ORDINANCE NO. 378 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT OF A 40 UNIT APARTMENT PROJECT CONTAINING 10 UNITS AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. CASE NO. DA-4. Mr. Altman reported that no further input had been received since introduction of this ordinance. -4- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Kelly, second by Jackson, Ordinace No. 378 was adopted by unanimous vote of the Councilmembers present. B. ORDINANCE NO. 380 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE RENTING OF AN APPROVED 28 UNIT APARTMENT COMPLEX LOCATED 225 FEET SOUTH OF THE HIGHWAY 111 FRONTAGE ROAD, BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. CASE NO. DA-5. Mr. Altman reported that no further input had been received since introduction of this ordinance. Upon motion by Kelly, second by Jackson, Ordinance No. 380 was adopted by unanimous vote of the Councilmembers present. C. ORDINANCE NO. 384 - 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 (SINGLE FAMILY RESIDENTIAL, ONE D.U./4000 SQ. FT. OF AREA) TO R-3 (SINGLE FAMILY RESIDENTIAL ONE D.U./2500 SQ. FT. OF AREA) FOR TWO LOTS ON THE WEST SIDE OF SAN RAFAEL AVENUE, APPROXIMATELY 220 FEET NORTH OF SAN GORGONIO WAY. CASE NO. C/Z 84-4. Mr. Altman reported that no further input had been received since introduction of this ordinance. Upon motion by Kelly, second by Jackson, Ordinance No. 384 was adopted by unanimous vote of the Councilmembers present. D. ORDINANCE NO. 385 - 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 PR-6, S.P. TO PC (3) S.P. AND APPROVING A PARCEL MAP FOR LAND ON THE SOUTH SIDE OF FRED WARING DRIVE, BETWEEN EL PASEO AND FAIRHAVEN DRIVE. CASE NOS. C/Z 84-10 AND PM 19978. Mr. Altman reported that no further input had been received since introduction of this ordinance. Upon motion by Kelly, second by Jackson, Ordinance No. 385 was adopted by unanimous vote of the Councilmembers present. E. ORDINANCE NO. 386 - 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 PR-5 TO PR-7 AND APPROVING A DEVELOPMENT AGREEMENT TO FURTHER CONDITION THE ZONE CHANGE. CASE NO. C/Z 84-7. Mr. Altman reported that no further input had been received since introduction of this ordinance. Upon motion by Jackson, second by Kelly, Ordinance No. 386 was adopted by unanimous vote of the Councilmembers present. F. ORDINANCE NO. 387 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.86.050 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO APPEAL OF DECISION OF PLANNING COMMISSION. Mr. Altman reported that this ordinance was introduced at the July 26, 1984, meeting. Since that time it was found that it must first go to the Planning Commission for a public hearing since it is a change of the zoning ordinance. -5- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Jackson, second by Kelly, and unanimous vote of the Councilmembers present, Ordinance No. 387 was sent to the Planning Commission for the public hearing process. G. ORDINANCE NO. 388 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.80.020, 5.80.030, 5.80.090, 5.80.230, 5.80.240, AND ADDING NEW INFORMATION ITEMS 15 AND 17 TO SECTIONS 5.80.030(A) AND 5.80.230(A), PERTAINING TO CHARITABLE, RELIGIOUS, AND NONPROFIT SOLICITING. Mr. Altman reported that no further input had been received since introduction of this ordinance. Upon motion by Jackson, second by Kelly, Ordinance No. 388 was adopted by unanimous vote of the Councilmembers present. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF CITY'S CONTINUING PARTICIPATION WITH THE COUNTY OF RIVERSIDE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Altman reported that this was discussed in Study Session and recommended approval. Councilmember Kelly moved to, by Minute Motion, agree to continue the City's participation with Riverside County for an additional three years under the "Urban County" designation of the Community Development Block Grant Program and authorize the Mayor to execute a three-year cooperation agreement, No. 00-003. Motion was seconded by Jackson and carried by unanimous vote of the Councilmembers present. B. REQUEST FOR APPROVAL OF AGREEMENT WITH RIVERSIDE COUNTY DISTRICT ATTORNEY FOR PROSECUTION SERVICES. Mr. Altman reported that this agreement would allow the District Attorney's office to prosecute violations of City ordinances and therefore not overload the City Attorney with these cases. Councilmember Kelly moved to, by Minute Motion, approve the Agreement, No. 00-004, and authorize the Mayor to execute same. Motion was seconded by Jackson and carried by unanimous vote of the Councilmembers present. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS N one XV. ORAL COMMUNICATIONS - B MR. WILLIAM HOOPES, 72-678 Pitahaya Street, Palm Desert, addressed the Council and expressed his appreciation for the YMCA's summer PLAY program. He stated that he saw many benefits from that program and hoped the Council would continue to support it. Mayor Snyder responded that the Council was very pleased with the program and had received numerous letters from citizens expressing their appreciation. It was his personal feeling that this was the best money ever spent by the City. -6- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. REPORTS AND REMARKS A. CITY MANAGER 1. INDUSTRIAL ASSESSMENT DISTRICT NO. 83-2 (GEORGE BERKEY) Mr. Altman reported that this was discussed in Study Session. In order to send this project out to bid, the Council would need to authorize the Mayor to execute a Hold Harmless Agreement to indemnify the City. Councilmember Kelly moved to, by Minute Motion, authorize the Mayor to execute a Hold Harmless Agreement satisfactory to the City Attorney. Motion was seconded by Jackson and carried by unanimous vote of the Councilmembers present. 2. WHITEWATER CHANNEL BIKEWAY Mr. Altman reported that this was discussed in Study Session. Requests for proposals were sent out to eight local engineering firms for the design of this project, and the lowest bid was submitted by J.F. Davidson Associates in the amount of $9,400, with the work to be completed within 35 days commencing August 15, 1984. It was Staff's recommendation that the Council award this contract to J.F. Davidson Associates and authorize execution of an agreement with said firm. Councilmember Jackson moved to, by Minute Motion, award Contract No. 00-005 to J.F. Davidson Associates in the amount of $9,400 for engineering of the Whitewater Channel Bikeway. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. B. CITY ATTORNEY 1. REPORT ON IMPACT OF JARVIS 4 ON EL PASEO ASSESSMENT DISTRICT. Mr. Patterson reported that he had not had a chance to discuss this matter with Dave Erwin. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Kelly, second by Jackson, the meeting was adjourned at 7:42 p.m. by unanimous vote of the Councilmembers present. ATTEST: • SHEILA R( LLIGAN, CITY CLERK'; CITY OF PM DESERT, CALIFORNIA -7- WALT R H. SNYDER, MAd