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HomeMy WebLinkAbout1984-12-27MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, DECEMBER 27, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Mayor Pro-Tempore Richard 5. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Doug Phillips, Deputy City Attorney Mary Frazier, Deputy City Clerk Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Kirby J. Warner, Director of Finance Pat Conlon, Acting Director of Building and Safety V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RECOGNITION OF RICHARD SPARKS Mayor Snyder noted that Mr. F ichard Sparks, who has worked so hard for the City on the Drainage and Police Advisory Committee as well as others, was recently recognized by his peers and awarded the title of "Realtor of the Year". On behalf of the entire Council, he congratulated Mr. Sparks and thanked him for his diligent efforts for the benefit of the City. B. APPOINTMENT TO RENT REVIEW COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF JEAN M. BENSON. Mayor Snyder noted that the Councilmembers had been asked to choose two or three applicants who they felt best qualified for this vacancy and that a memo had been given to each of the Councilmembers with the names and number of votes for each person chosen. Councilmember Jackson nominated Ms. Patty Martin. Councilmember Benson nominated Mr. Joe Reino. MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson stated that he felt this matter should be continued for two weeks since the Council had not had the opportunity to interview all of the applicants. He added that the Council might wish to consider interviewing only the two finalists. Councilmember Benson stated that it was her understanding at the last meeting that each Councilmember was to submit the names and then the top three people would be interviewed. Counciimember Jackson stated that she felt the person whose name had appeared the greatest number of times should be chosen. Councilman Keliy moved that this matter be continued to the meeting of January 10, 1985, and that the two applicants nominated be interviewed by the Council. Motion was seconded by Wilson and carried by unanimous vote of the Council. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of December 13, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-056. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By TOSA, Inc. for The 40's Today, 72-990 El Paseo, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Douglas Patrick Veling for Desert Falls Country Club, 1111 Desert Falls Parkway, Palm Desert. Rec: Receive and file. E. RESOLUTION NO. 84-159 - 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. F. CLAIM AGAINST THE CITY By Roy E. Whitehead, Inc. in the Amount of $1,648.00. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. G. MONTHLY FINANCIAL REPORTING. Rec: Receive and file. H. REQUEST FOR RATIFICATION of Payment for Participation in Computerized Support for the SCAG/RCTC/CVAG Transportation Study. Rec: By Minute Motion, approve the appropriation of $2,135.00 from the General Fund Unobligated Fund Balance to Account Number 01-4900-306 for payment to CVAG. I. REQUEST FOR AWARD OF CONTRACT FOR JOSHUA ROAD BASIN DRAINAGE IMPROVEMENTS, STAGE 1 (CONTRACT 1080). Rec: By Minute Motion, award Contract 1080 to Massey Sand and Rock Company and authorize the appropriation of $13,662 for this contract. _2_ MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF 1 tit W h1 t t W H i tt( tiIKtr W H Y (CON ! RAC f NO. 1087). Rec: By Minute Motion, award the contract for construction of the Whitewater Bikeway to Matich Corp. in the amount of $71,075.50. Upon motion by Kelly, second by Wilson, the Consent Calendar with the exception of Item A was approved by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A None MAYOR SNYDER RECESSED THE CITY COUNCIL MEETING AT 7:15 P.M. TO BE RECONVENED IMMEDIATELY FOLLOWING ADJOURNMENT OF THE REDEVELOPMENT AGENCY MEETING. HE RECONVENED THE CITY COUNCIL MEETING AT 9:30 P.M. VIII. PUBLIC HEARINGS A. CONSIDERATION OF THE ADOPTION OF THE 1982 UNIFORM BUILDING CODE, THE 1982 UNIFORM PLUMBING CODE, AND THE 1982 UNIFORM SWIMMING POOL CODE. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Altman reported that this was discussed in Study Session and that Ordinance No. 409 was amended to provide for the uniform sizing of residential and commercial building addresses so that they would be legible from the street or road fronting the property. Mayor Snyder invited input in FAVOR of these ordinances, and none was offered. He invited input in OPPOSITION, and none was offered. He declared the public hearing closed. Upon motion by Benson, second by Kelly, Ordinance No. 409 as amended, Ordinance No. 410, and Ordinance No. 411 were passed to second reading by unanimous vote of the Council. B. CONSIDERATION OF A REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT, PURSUANT TO MUNICIPAL CODE CHAPTER 25.37, SPECIFYING TERMS AND CONDITIONS FOR THE MANAGEMENT OF AN EIGHT UNIT APARTMENT PROJECT CONTAINING TWO UNITS AFFORDABLE TO MODERATE INCOME HOUSEHOLDS LOCATED ON THE NORTH SIDE OF SANTA ROSA WAY, 300 FEET WEST OF SAN PASCUAL. WILLIAM SPENCER, APPLICANT. CASE NO. PP 84-44. Mayor Snyder declared the public hearing open and asked for staffs report. Mr. Diaz reported that approval of this development agreement would permit the construction of an eight unit apartment project containing two units for moderate income households. The maximum rent for a two bedroom/two bath apartment with a three person household would be $564.00 per month. This figure was based on a formula for determining the median income from the Department of Housing and Development. These moderate income units would be controlled by the development agreement for a 30 year period, and it was staff's recommendation that the Council waive further reading and pass Ordinance No. 412 to second reading. Mayor Snyder invited input in FAVOR of this request. MR. WILLIAM SPENCER, 72-770 Homestead Road, stated that he was the applicant and that he agreed with staff's recommendation and was available to answer any questions the Council might have. - 3- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. CLAIR McDONOUGH, 43-155 Portola, spoke on behalf of Joslyn Cove Communities Senior Center. He stated that the Senior Center regularly receives calls from people asking about affordable housing for seniors. Many of them have no transportation and ask for housing that is close to shopping and senior activities. It was felt that this project would be an ideal one since it is within a block of the Senior Center, and he asked that the Council approve both this project and the one located on the southwest corner of San Pascual and Santa Rosa. Mayor Snyder invited input in OPPOSITION, and none was offered. He declared the public hearing closed. Councilman Wilson skated his concern with the density bonus program. He felt that the intent of the program, to provide moderate income housing, was not being carried out, and he did not consider $564.00 per month a reasonable amount for someone who is retired and living on a fixed income. He asked why the development agreement controls only the units that are the additional granted by the density bonus program and not the whole complex. Mr. Diaz responded that it was his understanding that the City could only control those units that were granted as part of the density bonus program. Mr. Phillips stated that California Government Code 65915 is what tells the City what can and cannot be done. This code states that should a developer provide at least 25% of the units within a housing project affordable to low or moderate income households, the City shall grant a density bonus or increase of at least 25% over the number of units allowed by the zoning. If the City does not grant the increased density, then it must provide equivalent financial incentive. He stated that if the Council wished, he would come back with a report on the intent of that section of the code. Mr. Spencer stated his feeling that inasmuch as the Council had already approved a number of other projects, he should not be penalized because the Council has changed its mind. Councilman Wilson stated that the Council had reluctantly approved those other projects and had been expressing concern for some time about the entire density bonus program. He also said that inasmuch as the code states that the City must either grant an additional number of units or provide equivalent financial incentive, he would prefer to see the financial incentive used. Councilman Wilson moved to approve the six units allowable by the zoning and give the financial incentive if and when the State comes forward with the SB90 funds to fund this plan. Motion died for lack of a second. Mr. Phillips stated that the City cannot make the financial incentive conditional at this time. If the SB90 funds did not come through, it was his feeling that the City could ultimately be required to come through with the funds itself. Councilmember Jackson expressed her feeling that an applicant who has already been through the Planning Commission and spent the money to get this far should not be penalized by having the Council deny the density bonus. She felt that the Council should set a policy and stick to it but to allow those projects already on the Agenda to be considered for the density bonus. She felt that the developments on this Agenda should be the last to be considered until the study is completed and it is determined what incentives are available. Mr. Diaz noted that the Government Code states that the developer has the choice of whichever option he prefers. Mr. Spencer stated that if the density bonus was not granted, it would not be feasible for him to develop that property. -4- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson stated he felt that it was not moral to be approving a bonus based on a law that is trying to provide housing for people who cannot afford rents at $564.00 per month. He would prefer to see housing that is more affordable being approved. He also asked why the rents are based on 80% of the median income rent. Mr. Diaz stated that he would do some more research and come back to the Council with answers to the following questions: 1) do the units provided by the density bonus have to be affordable to moderate income or can they be for low income; 2) can the definition of low income be defined as something other than that stated by HUD; and 3) does the criteria of a three member family have to be used. He also stated that he would obtain copies of the text of California Government Code Section 65915 for the Council. Councilman Wilson asked whether the City could control the type of units being built and require only one bedroom units or whatever is needed. He asked Mr. Spencer if a two -week continuance would cause a problem for him, and he stated that it would not be a problem. Mr. Phillips advised that if the Council wished to continue this matter, the public hearing would have to be reopened. Mayor Snyder reopened the public hearing. Councilman Wilson moved that this matter be continued to the meeting of January 10, 1985. Motion was seconded by Benson and carried by a 4-1 vote of the Council, with Councilmember Jackson voting NO. C. CONSIDERATION OF A REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT, PURSUANT TO MUNICIPAL CODE CHAPTER 25.37, SPECIFYING TERMS AND CONDITIONS FOR THE MANAGEMENT OF A NINE UNIT APARTMENT PROJECT CONTAINING TWO UNITS AFFORDABLE TO MODERATE INCOME HOUSEHOLDS LOCATED AT THE SOUTHWEST CORNER OF SAN PASCUAL AND SANTA ROSA. PAUL M. MADISON, APPLICANT, FOR LEE AND SANDRA CAREL -OWNERS. CASE NO. PP 84-37. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Diaz reported that this request was similar in nature to the William Spencer development in that approval of the development agreement would allow construction of a nine unit apartment project containing two units affordable to moderate income households. This project would be located at the southwest corner of San Pascual and Santa Rosa. Mayor Snyder invited input in FAVOR of this request. MR. PAUL MADISON, 27-217 East 5th Street, Highland, California, stated that this project is closer to the Senior Center than the William Spencer project. He felt that this project was an attractive and viable project for this site and without a density bonus, the project would not be feasible. He stated that this would not be a speculative project as Mr. Carel, the owner, planned to own and operate the project. Mayor Snyder invited input in OPPOSITION to this request. MR. TERRY NICHOLSON, 72-860 San Juan, stated his feeling that the Council was not obligated to approve the density bonus requests and thus make developments economically feasible as far as the developers were concerned. Instead, he felt that the Council was obligated to ensure that affordable housing was built. Upon motion by Wilson, second by Kelly, this matter was continued to the meeting of January 10, 1985. Motion carried by a 4-1 vote, with Councilmember Jackson voting NO. -5- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF A REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION Ur tNv1RONMENTAL IMPACT, PRECISE PLAN, TENTATIVE TRACT MAP, AND DEVELOPMENT AGREEMENT TO ALLOW CONSTRUCTION OF 26 CONDOMINIUM UNITS ON 3.2 ACRES WITH THE R-2 (7) S.P. AND PR-7 ZONES (INCLUDING A 25% DENSITY BONUS FOR MODERATE INCOME HOUSING) LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE. CHARLES MARTIN AND ROBERT L. WARD, APPLICANTS. CASE NO. PP 84-24A. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Diaz reported that at its meeting of September 13, 1984, the Council considered the request for a change of zone to allow construction of 48 units of which 10 would be low income senior citizen units. The change of zone was denied, and the applicant indicated that perhaps the property could be developed within the existing zoning utilizing the density bonus program. The project was reduced from 48 units to 26 units, with 21 units allowed under the current zoning and 5 bonus units under moderate income housing provisions of California State Code Section 65915. He stated that a development agreement would control the sale and resale of the bonus units and that the three buildings closest to the adjacent single family homes had been deleted and replaced with a golf chipping and putting practice area. Mayor Snyder invited input in FAVOR of this request. MR. CHARLES MARTIN, 73-725 El Paseo, Suite 24C, Palm Desert, stated that the Planning Commission had approved the 48 units originally requested but that the Council had denied it. At that time, even though the Council had wanted a moratorium on density bonus requests, the developer had requested that this project be allowed to be continued as it was already in the works. He added that the architecture on the revised project was the same as originally proposed, and the developer felt that people would be more interested in a putting green type of thing than tennis courts. The developer felt that all of the requirements of the staff, Planning Commission and Council had been met, and he asked Council to approve this request. Mayor Snyder invited input in OPPOSITION to this request. MR. ERIC WAHLBERG, 72-764 San Juan, stated that his main concern was the drainage of excess water from that property. He was also concerned about the putting and pitching green and the potential problems with balls being hit into yards and breaking windows. His other concern was increased traffic in that area. MR. TERRY NICHOLSON, 72-860 San Juan, was concerned about the building of two story units in an area that was almost all one story. MR. MICHAEL MAY, 72-808 San Juan, spoke against the pitching and putting green because of the possibility of having balls in the yards. Mayor Snyder declared the public hearing closed. Councilmember Benson asked what kind of fence would be put along the back of that property. Mr. Martin responded that the developer had asked residents in that area what kind of fence they would prefer. Some stated that they wanted it left alone and others asked that the developer build his own fence and not remove theirs. The way it was left was that the back of the garages would form the back wall and there would also be an extra five feet between the garages and the houses. Councilmember Jackson stated that the drainage issue was addressed in the conditions of approval so that it would not affect the properties Mr. Wahlberg was concerned about. -6- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Martin addressed Mr. Wahlberg's other concerns by stating that the water would be taken directly out to Parkview, and the pitching and putting green would be changed to a putting green only. He also added that this project would put in half of the cul-de-sac on Fairhaven as part of the conditions of approval. Councilmember Benson asked why only half of it would be done, and Mr. Martin stated that the owner on the other side would finish the cul-de- sac when that property was developed. Councilmember Wilson stated that as in other requests for density bonuses, he did not feel that the intent of the density bonus program was being followed. He felt that if the Council was going to grant a density bonus, then the developer should be willing to provide housing that is affordable. Councilmember Benson stated that inasmuch as the other requests for density bonuses were being continued, she would agree to continue this request also. Councilmember Benson moved to continue this matter to the meeting of January 10, 1985. Motion was seconded by Wilson. Mr. Martin stated that the developer, Mr. Ward, would like to have a decision at this meeting and would prefer not to continue the matter any longer. Councilmember Jackson asked what would happen if the developer was not granted the density bonus, and Mr. Martin responded that he really did not know what the results would be. Councilmember Benson stated that she felt the 25% density bonus program was being used for the developers' profit and not for what it was originally intended. Councilmember Benson withdrew her motion to continue this matter to the meeting of January 10, 1985, and Councilman Wilson withdrew his second. Councilmember Benson moved to deny the request for a 25% density bonus. Motion was seconded by Wilson and carried by a 4-1 vote of the Council, with Councilmember Jackson voting NO. E. CONSIDERATION OF AN AMENDMENT TO A PRECISE PLAN OF DESIGN AND DEVELOPMENT AGREEMENT TO ALLOW A CHANGE OF BUILDING LOCATIONS WITHIN THE SITE AND OF DWELLING UNIT SIZES FOR A 104 UNIT APARTMENT PROJECT LOCATED ON A 6.34 ACRE PARCEL AT THE CORNER OF HOVLEY LANE AND BEACON HILL. P.D. PARTNERS ec STEVE SULLIVAN, AIA, APPLICANTS. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Diaz reported that the Council had previously approved the change of zone and a development agreement for this property. The development agreement as originally submitted showed all two bedroom, two bath units, and the applicant was requesting approval to change the agreement to show 22 two bedroom, one bath units. It was staff's feeling that this new plan was superior to the one originally approved. Mayor Snyder invited input in FAVOR of this request. MR. STEVE SULLIVAN, 73-730 Highway 111, Palm Desert, spoke as the architect for this project. He stated that the new design, while keeping the same density, would be more in line with what the developer wished to offer his tenants, i.e. more recreational area, and asked that the Council approve the change. Mayor Snyder declared the public hearing closed. -7- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTIONS N one ORDINANCES For Introduction: A. Councilman Kelly asked how the developer determined that one bath units would be superior to two bath units. Mr. Sullivan responded that the developer was trying to provide more living area in these units. Councilman Kelly stated that he would like to review the difference between the two plans prior to making a decision. Councilmember Jackson stated that she felt the developer was trying to do what the Council wished in providing more living space at a lower price. She did not feel that this matter should be continued. Councilmember Jackson moved to approve the findings and adopt Resolution No. 84-161, approving PP 84-12 Amendment ## 1, subject to conditions and waive further reading and pass Ordinance No. 415 to second reading, rescinding previous Palm Desert Partners Development Agreement and establishing a new agreement under the same name. Motion died for lack of a second. Mayor Snyder declared the public hearing reopened. Councilman Kelly moved to continue this matter to the meeting of January 10, 1985, in order to give the Council an opportunity to review the original development agreement. Motion was seconded by Benson and carried by a 4-1 vote of the Council, with Councilmember Jackson voting NO. G. REgUEST FOR VACATION OF STREET RIGHT-OF-WAY ON MONTEREY AVENUE AT SANTA ROSA WAY. (Continued from the Meeting of December 13, 1984.) Mayor Snyder noted that this was a continued public hearing and asked for Staff's report. Mr. Altman reported that this had been discussed at Study Session. Mayor Snyder invited input in FAVOR of this request. MR. CHARLES MARTIN, 73-780 El Paseo, stated that this was a section of street left over when Monterey Avenue was widened. Mayor Snyder invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Upon motion by Wilson, second by Kelly, Resolution No. 84-157 approving the right-of-way vacation was adopted by unanimous vote of the Council. IX. X. ORDINANCE NO. 416 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURE FOR THE INSTALLATION OF STREET IMPROVEMENTS WHENEVER THE PUBLIC INTEREST AND NECESSITY DEMAND THE CONSTRUCTION AND COMPLETION OF STREET IMPROVEMENTS TO UNDEVELOPED AREAS OF THE CITY. Mr. Altman reported that the City Attorney had not been able to complete the wording for this ordinance and requested it be continued for two weeks. Upon motion by Benson, second by Kelly, this matter was continued to the meeting of January 10, 1985, by unanimous vote of the Council. -8- MINUTES -- - REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 408 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT OF A THREE UNIT APARTMENT PROJECT CONTAINING THREE UNITS AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. CASE NO. PP 84-20. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Kelly, second by Benson, Ordinance No. 408 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 398 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT ALLOWING PLANNING AND DEVELOPMENT OF A 30-LOT HILLSIDE SUBDIVISION TT 19503 IN TWO PHASES UNDER OPTION 4 OF THE HILLSIDE PLANNED RESIDENTIAL DISTRICT SECTION 25.15.030 AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. CASE NO. DA-9. Mr. Altman reported that no further input had been received since first reading of this ordinance. Councilmember Benson stated that she had a concern about the conditions of the development agreement as she recalled that the attorney for the applicant had agreed to a three year time limitation on the development agreement. She felt that the ordinance should be amended to include Condition No. 6 in the development agreement to state: "This agreement shall run for a maximum of three years from the date of execution". Mr. Phillips noted that if the Council wished to amend the ordinance, it could not be adopted at this meeting. Instead, this would be first reading of the ordinance and the Council could waive further reading and pass it to second reading. Upon motion by Jackson, second by Kelly, Ordinance No. 398 as amended was passed to second reading by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER N one XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACQUISITION OF MOBILE RADIOS FOR CITY TRUCK FLEET. Mr. Altman reported that as part of the implementation of the City's new fleet of trucks, each truck would be equipped with a two-way radio to be compatible with the City's existing licensed operating frequency. Proposals had been received from four firms, and Motorola Communications and Electronics, Inc. was the firm recommended by Staff. Councilmember Jackson moved to, by Minute Motion, award a contract for supplying two-way mobile radios to Motorola Communications and Electronics, Inc. in the amount of $6,842.20. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF SUBSTITUTION OF SUBCONTRACTORS ON SENIORS' CENTER PROJECT. Mr. Altman reported that the general contractor had requested a change of subcontractors for the plastering portion of the subcontract. -9- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Their reason for this request was that Miles Drywall, the listed subcontractor, had been unable to meet the necessary time schedule to finish the project. He also stated that in accordance with the procedure for substitution of subcontractors, Miles Drywall has an opportunity to object to the substitution. If they objected, the Council would have to provide them an opportunity to speak on this item. If they did not object, then the Council could act on the recommendation and approve the substitution. Mayor Snyder asked if anyone from Miles Drywall was present to speak, and no one spoke. Councilmember Wilson moved to, by Minute Motion, authorize a change of subcontractors for the plastering portion on the Seniors' Center from Miles Drywall, Inc. to Mershon Plastering, Inc. Motion was seconded by Jackson and carried by unanimous vote of the Council. C. REQUEST FOR CONSIDERATION OF PALM Vt LLEY CHANNEL ACCESS ROAD. Mr. Altman reported that this had been discussed in detail in Study Session and requested that Council continue the matter to the meeting of January 24, 1985. Upon motion by Jackson, second by Benson, this matter was continued to the meeting of January 24, 1985, by unanimous vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FROM CITY OF SIGNAL HILL FOR ADOPTION OF A RESOLUTION OPPOSING THE 1985 RATE INCREASE REQUEST SUBMITTED BY GENERAL TELEPHONE COMPANY OF CALIFORNIA TO THE PUBLIC UTILITIES COMMISSION. (Continued from the Meeting of December 13, 1984.) Mr. Altman reported that this had been discussed in detail in Study Session. Based on a presentation during Study Session by representatives of General Telephone Company, he recommended that Council table this item with no action taken. Upon motion by Jackson, second by Wilson, this matter was tabled by a vote of 4-1, with Councilman Kelly ABSTAINING. B. REPORT ON THE PROS AND CONS OF A DIRECTLY ELECTED MAYOR. (Continued from the meeting of December 13, 1984.) Mr. Altman reported that this had been discussed in Study Session and that it was Council's feeling at that time that more research should be done on this matter before taking any action. Upon motion by Jackson, second by Kelly, this matter was continued to the meeting of February 14, 1985. Motion carried by unanimous vote of the Council. XIV. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT 1077A FOR RECONSTRUCTION OF THE DEEP CANYON DRAINAGE STRUCTURE. Mr. Altman reviewed the staff report and recommended that the Council award the contract to Massey Sand and Rock Company in the amount of $46,264 and authorize the appropriation of $40,890 for this contract. Councilman Jackson moved to, by Minute Motion, award Contract 1077A to Massey Sand and Rock Company in the amount of $46,264 and authorize the appropriation of $40,890 for this contract. Motion was seconded by Wilson and carried by unanimous vote of the Council. -10- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR WAIVER OF ALCOHOLIC BEVERAGE RESTRICTION. Mr. Altman reported that General Telephone Company and the Family Y had requested to use the Civic Center parking lot for a Chamber of Commerce mixer on January 16, 1985, and had requested that the City allow the serving of alcoholic beverages for that event. Councilmember Jackson moved to waive the alcoholic beverage requirement and allow the serving of alcoholic beverages at the January 16, 1985, Chamber of Commerce mixer. Motion was seconded by Benson and carried by unanimous vote of the Council. 2. TROLLEY OPERATION AND RENTAL AGREEMENTS Mr. Altman reported that this was discussed at Study Session. The rental agreement between the City of Palm Desert and Petar Jakovina would provide for a five month rental of the trolley for a monthly amount of $2,400. If after the end of the five month rental period the City still continues to operate the trolley, the rental would continue at the rent of $100 per day. The operation agreement between the City of Palm Desert and Sunline Transit Agency would provide that Sunline would operate and maintain the trolley. Councilmember Benson moved to, by Minute Motion, approve the Trolley Rental Agreement with Petar Jakovina, approve the Operation Agreement with Sunline Transit Agency, and authorize the Mayor to execute both agreements. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Benson asked whether January 10, 1985, was still planned as Student Government Day, and Mr. Altman responded that it was still scheduled as such. 2. Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT At 11:55 p.m. Councilmember Jackson moved to adjourn the City Council Meeting to Closed Session for the purpose of discussing potential litigation. Motion was seconded by Wilson and carried by unanimous vote of the Council. MAYOR SNYDER RECONVENED THE MEETING AT 12:35 A.M. 1. Mayor Snyder announced that a matter for discussion would be the recent Mervyn's request for a change of zone which was considered by the Council at its last meeting. Councilman Wilson moved to direct Staff to place on the January 24, 1985, City Council Agenda, reconsideration of the Council decision requiring an Environmental Impact Report. This was based on the Closed Session discussion of the issue of whether or not there were sufficient findings to make a decision on the zoning of that property -11- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * without an EIR and based on the latest information from the City Attorney's office. Motion was seconded by Benson and carried by unanimous vote of the Council. 2. Mayor Snyder stated that the second matter to be discussed was the change of zone on the Don McMillan hillside property. Councilman Kelly moved to, by Minute Motion, direct Staff to initiate the change of zone to Hillside Planned Residential from the current Commercial zoning. Motion was seconded by Wilson and carried by unanimous vote. Upon motion by Jackson, second by Wilson, and unanimous vote of the Council, Mayor Snyder adjourned the meetirg i.t ' 2:40 a.m. WALTER H. SNYDR, MAYOR , RICHARD S. KELLY, MAYOR PXO-TEMPORE ATTEST: • MARY P. «R ZIER, DEPUT CITY CLERK CITY OF PALM DESERT, CALIFORNIA -12-