The URL can be used to link to this page

Home My WebLink About1984-03-08MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 8, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE - Councilman Romeo Puluqi INVOCATION - Mayor Pro-Tempore Richard S. Kelly ROLL CALL Present: Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David 3. Erwin, City Attorney Sheila R. Gilligan, City Clerk Barry McClellan, Director of Public Works Ramon A. Diaz, Director of Environmental Services Kirby 3. Warner, Director of Finance Wayne Ramsey, Acting Code Enforcement Supervisor V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of February 23, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Demand Nos. 84-062, 84-082, and 84-083. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Richard H. Ferda for Palm Desert Wine & Spirits, 74-121 Highway 111, Palm Desert. Rec: Receive and file. Upon motion by Puluqi, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Council. MINUTES REGULAR CITY COUNCIL MEETING MARCH 8, 1984 VII. ORAL COMMUNICATIONS - A MR. JOSEPH REINO, 73-932 Masson, Palm Desert, addressed the Council and presented a petition from homeowners in his area regarding unsightly conditions in his neighborhood, i.e. wrecked and abandoned vehicles, permanent trash can sites, campers and tents set up in front yards, laundry, unpainted houses, road conditions, etc. He wanted to know what is being done to clean up these conditions and felt a stiff fine system should be put into effect. Mr. Altman responded that as far as the vehicles, trash cans, etc., the City does have regulations currently in effect. Code Enforcement personnel go out and survey the areas to see what can be done to eliminate the problems. However, the City does not have the authority to require people to paint their houses. Mr. Ramsey asked Mr. Reino to get with him relative to the complaints so that they could be investigated and resolved with existing City codes. Mayor Snyder noted that Fourth District Supervisor Corky Larson was currently working on a program to clean up the entire valley. He also suggested that the applicant get together with other property owners in his neighborhood to form a homeowners' group to help resolve these problems and enforce City regulations. VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THE CALIFORNIA HEALTH 8c SAFETY CODE, SECTION 17962. (Continued from the Meetings of December 22, 1983, January 12, January 26, February 9, and February 23, 1984.) Mayor Snyder noted this was a continued Public Hearing. Mr. Altman reported that he, Fire Marshal Eric Vogt, and Lowell Weeks met on March 5, 1984, to further discuss the sprinkler valve system. He requested a continuance until after the March 21, 1984, meeting of the Cove Communities Fire Commission, as they would then be in a position to recommend adoption of this ordinance. Mayor Snyder invited input in FAVOR of this ordinance, and none was offered. He invited input in OPPOSITION to this ordinance, and none was offered. Upon motion by Wilson, second by Kelly, the matter was continued to the meeting of March 22, 1984, by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF TAVAGLIONE/PALM DESERT MODERATE INCOME HOUSING DEVELOPMENT AGREEMENT. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the Staff Report and recommended passing the ordinance to second reading. Councilman Puluqi asked if the ordinance provided any controls over sale and resale of these units and whether it required the purchasers to occupy the units for any length of time before reselling them in an effort to discourage speculative buying and selling. Mr. Diaz responded that this was not included. Mayor Snyder recommended that inasmuch as the developer was not present to address these concerns that the item be continued to the meeting of March 22, 1984, so that more details can be worked out. 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. -2- MINUTES REGULAR CITY COUNCIL MEETING MARCH 8, 1984 Upon motion by Kelly, second by Puluqi, this matter was continued to the meeting of March 22, 1984, by unanimous vote of the Council. C. CONSIDERATION OF AN APPEAL OF PALM DESERT PLANNING COMMISSION DENIAL OF A REQUEST FOR A GENERAL PLAN LAND USE MAP AMENDMENT FROM PUBLIC FACILITY TO MEDIUM DENSITY RESIDENTIAL, 5-7 D.U./ACRE AND A CHANGE OF ZONE FROM PUBLIC DRAINAGEWAY OVERLAY TO PR-7 (PLANNED RESIDENTIAL, 7 D.U./ACRE) AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 54.5 ACRES GENERALLY LOCATED EAST OF PORTOLA AVENUE AND SOUTH OF THE LIVING DESERT RESERVE. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman reported that at Study Session, the attorney representing the applicant requested a two -meeting continuance of this hearing due to a conflict of scheduling on the applicant's part. In addition, the Council has received a letter and telegram in support of the Planning Commission decision. Mayor Snyder invited input in FAVOR of the Planning Commission decision. MR. JOHN NORRIS, representing DANIEL F. MULVIHILL of 48-858 Cassia Place, Palm Desert, addressed the Council and read a letter, attached and made a part hereof as Exhibit "A". MR. PAUL LITTLE, 48-834 Mescal Lane, Palm Desert said that he had attended the Planning Commission hearings, and he requested the Council uphold the Planning Commission decision since the applicant had presented no new evidence. MR. JIM WERNICKE, 48-804 Mescal Lane, Palm Desert, stated that the applicant had requested continuances at the Planning Commission and felt that this was a stall tactic. MR. LITTLETON STRONG, 73-753 Agave Lane, Palm Desert, stated that even though he is only 200 feet away from the property line, he has never received any notification of public hearings. He also said that he felt the reason the Living Desert Reserve had not opposed the action was because the reserve had acquired land from an exchange of property between the water district and the applicant. With no further input offered, Mayor Snyder declared the public hearing closed. Upon motion by Puluqi, second by Jackson and unanimous vote of the Council, Resolution No. 84-24 was adopted, affirming the Planning Commission decision denying GPA 03-83 and C/Z 08-83. D. 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. Altman reported that no input had been received and recommended the Council waive further reading and adopt Resolution No. 84-25, confirming said assessments. Mayor Snyder invited input in FAVOR of the resolution, and none was offered. He invited input in OPPOSITION to the resolution, and none was offered. He declared the Public Hearing closed. Upon motion by Puluqi, second by Kelly, Resolution No. 84-25 was adopted by unanimous vote of the Council. -3- MINUTES REGULAR CITY COUNCIL MEETING MARCH 8, 1984 IX. RESOLUTIONS A. RESOLUTION NO. 84-26 - 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 Kelly, second by Jackson, Resolution No. 84-26 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 84-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A REVISED EMPLOYEES' DEFERRED COMPENSATION PLAN AND AUTHORIZING THE EXECUTION OF AGREEMENTS RELATIVE TO SAID PLAN. Mr. Altman reported that the Internal Revenue Service has changed its regulations, thus requiring this revision. He recommended this resolution be adopted as presented. Upon motion by Wilson, second by Kelly, Resolution No. 84-27 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 84-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1983-84 BUDGET. Mr. Altman reported that this item had been discussed at length in Study Session and recommended approval of the resolution. Upon motion by Puluqi, second by Jackson, Resolution No. 84-28 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: None For Adoption: N one XI. CONSENT ITEMS HELD OVER N one XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF SCHOOL DEVELOPMENT FEES. Mr. Matt Monica, President of the Desert Sands Unified School District Board, noted to the Council that Dr. William Cronen, Mr. John Brooks, and Dallas Holmes, were present to assist Dr. Kenneth Meberg in answering Council questions, if any. Dr. Meberg, Superintendent of Desert Sands Unified School District, noted that he had submitted a School Impact Statement to the City Clerk's office, which is on file for review by the public. He advised that the City of La Quinta and the County of Riverside have both approved the School Impact Fee to be used for the development of much needed school facilities. He advised that the high school has a Number 1 priority commitment from the School Board, and the architect will complete the next phase in April, which will subsequently be presented to the State Allocation Board in May. We are currently on schedule, and the high school, barring unforeseen problems, will open in September of 1986. -4- MINUTES REGULAR CITY COUNCIL MEETING MARCH 8, 1984 Upon question by Councilman Wilson, Mr. Meberg responded that the County has already collected $278,000 in school fees. The School District must contribute 10% of the high school cost, or approximately $1 million, and these fees will be used for that contribution. Upon question by Councilman Puluqi, Mr. Meberg responded that this fee is applied to residential construction only, including country clubs. Mayor Snyder noted that this was not a Public Hearing, but invited public input. MR. JACK McBRIDE, 43-080 Rutledge Way, Palm Desert, stated that he felt the $628 per unit fee might discourage some people from building homes. Councilman Puluqi moved to waive further reading and adopt Resolution No. 84-29, amending the fee amount of $636 to $628 per unit. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Council. XIIl. CONTINUED BUSINESS A. REQUEST FOR APPROPRIATION FOR THE INSTALLATION OF ROCK IN THE SAN PABLO FIELD PARKING LOT. Mr. Altman reported that the land in question is still private property and recommended the item be tabled until such time as the property is deeded to the City. Councilman Kelly moved to, by Minute Motion, table the item until such time as the property is deeded to the City. Councilman Puluqi seconded the motion. Motion carried by unanimous vote of the Council. XIV. OLD BUSINESS A. REPORT ON SICK LEAVE BONUS EVALUATION PLAN. Mr. Altman noted that the Sick Leave Bonus Plan review process had been discussed in Study Session. This item was merely informational at this point. Upon motion by Kelly, second by Puluqi, the report was received and filed by unanimous vote of the Council. B. REQUEST FOR APPROVAL. OF AGREEMENT BETWEEN THE CITY AND PETAR JAKOVINA FOR "THE EL PASEO TROLLEY". Mr. Altman reported that the Trolley has been very well received by the public. However, since it is currently operating only six days per week, no Sundays, he suggested that Councilman Kelly look into the possibility of increasing service to seven days per week. Councilman Kelly moved to, by Minute Motion, approve the agreement as submitted and authorize the Mayor to execute same. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. UPDATE ON CONVENTION/VISITOR BUREAU Mr. Altman reported that at the last Council meeting a committee had been appointed to review this proposal. The committee consisted of Councilman Wilson, Mayor Snyder and -5- MINUTES REGULAR CITY COUNCIL MEETING MARCH 8, 1984 City Manager and representatives from the Advertising do Promotion Committee, the Chamber of Commerce, the El Paseo Merchants Association, the Town Center Merchants Association, and the Board of Realtors as well as someone from the Granada Royale and Shadow Mountain Country Club. The committee met and felt there were too many unanswered questions for it to make a specific recommendation to the Council. Each member wished to go back to their respective group for input and therefore requested a two -week continuance. Councilman Puluqi moved to schedule the item for consideration at the meeting of March 22, 1984. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY 1. FUTURE PLANS OF COUNCILMAN WILSON Mr. Erwin reported that Councilman Wilson will be out of the country for approximately two months; therefore, he will be absent from the second meeting in March, both meetings in April, and one meeting in May. Upon motion by Snyder, second by Puluqi, and unanimous vote of the Council, Councilman Wilson was granted excused absences for the next four meetings while he is out of the country. C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Jackson stated she felt the City had waited long enough for Vintage to complete the improvements on Portola Avenue. These improvements include landscaping, undergrounding of utility poles and street improvements. She remembered that Vintage had promised during the deannexation of two parcels to Indian Wells that this work would be done in the immediate future. It was well over a year ago. She also noted that Vintage is responsible for the increased traffic on Portola inasmuch as all construction and commercial vehicles must enter through that entrance. Councilman Wilson stated that he was surprised that Indian Wells, with their high standards of development, had not been pressuring Vintage to get this done. Mr. Altman recommended the Council take action, directing a letter be written under the Mayor's signature to the City of Indian Wells in an effort to expedite this work. Councilman Wilson moved to direct the Mayor to write a letter to Indian Wells asking them to assist in expediting this work. Councilman Puluqi seconded the motion. Motion carried by unanimous vote of the Council. 2. Councilman Kelly asked Mr. McClellan why the City does not sweep streets that do not have curbs. Mr. McClellan responded that this is because the sweeper would not have any curbs to sweep up against. After further discussion, Mr. McClellan offered to make a study of this problem and would report to the Council at the next meeting. 3. Councilmember Jackson voiced a concern that there are no posted speed limits or slow signs on Abronia Trail. Motorists are driving at a high rate of speed, and there are children playing on this street. Mr. McClellan responded that the reason there are no signs posted is because it is a 25mph residential zone, and he offered to look at the street in question to see what can be done to resolve this problem. Councilmember Jackson also mentioned that she felt additional signing was needed in the Presidents' Plaza parking lot because -6- MINUTES REGULAR CITY COUNCIL MEETING MARCH 8, 1984 people are driving the wrong direction. Mr. McClellan indicated he would investigate the need. 4. Mayor Snyder directed attention to the future meetings listed on the agenda. XVII. ADJOURNMENT Upon motion by Jackson, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 9:10 p.m., noting that the Council would remain to finish discussing Study Session items. ATTEST: SHEILA R. GIL AN, CIT ERK CITY OF PALM DESERT, LIFORNIA WALTER H. SNYDER, MAYO -7- EXHIBIT "A" March 8, 1984 City Council City of Palm Desert Palm Desert, CA Dear Council: This letter is to serve as authorization for Mr. John Norris to represent my interests in the proposed rezoning of 54.5 acres before the City Council on March 8, 1984. Sincerely, //1 71-1a(uxiu:( Daniel F. Mulvihill EXHIBIT "A" t �/�/ate /21 .27" March 8, 1984 City Council City of Palm Desert Palm Desert, CA RE: Parcel Rezoning Dear Council: This correspondence relates to the proposed rezoning of the 54.5 acres indicated on the attached map in the shaded area titled "Project Site". There are several points which should be strongly emphasized before a decision to alter the current zoning status is made. - The intended use under the proposed rezoning is completely out -of -character for this area. The original intention and present zoning was to leave the subject site as open space in a natural desert state, enhancing and supporting the character of Palm Desert. Further, should the project be allowed to proceed, the proposed density is not in conform- ance with the established land use patterns. - The existence of the project within a substantial portion of the flood plane calls for excess clustering of units along with the necessity for extensive and unsightly flood diversion which does irreparable damage to the native desert. - The profit motive for the developers is not a com- pelling enough reason to alter the existing zoning. - The existing zoning, a matter of public record, was fully known by the applicant at the time of his purchase. Thus, he suffers no economic damage. The residents of the area can hardly be called upon to validate the developer's purchase decision to their own detriment. =MIBIT "A" City Council March 8, 1984 Page 2 - The motivation behind the Living Desert Reserve's failure to object to this project is suspect, in as much as they were a party to the underlying transaction. The foregoing points have been recognized by the unanimous rejection of the Planning Commission. I urge the Council to sustain the Planning Commission's findings. Sincerely, Daniel F Mulvihill EXHIBIT "A" November 10, 1983 CITY OF PALM DESERT LEGAL NOTICE CASE NOS. GPA 03-83 and C/Z 08-83 public hearing will be held before the Palm Desert NOTICE IS HEREBY GIVEN that a P � HAMMED R. MAZAHERI, for approval MO Planning Commission to consider a request by facility to medium density, 5-7 of a general plan land use map amendment from public d.u./acre and a change of zone from public feEnvironmental Impact fooverlay to PR-7 ra 54�5 residential, 7 d.u./acre) and a Negative Declaration o acres generally located east of Portola Avenue and south of the Living Desert Reserve, more particularly described as: Portion of A.P.N. 631-240-007 and 631-260-026 4 N DESERT CITY 40alb rY • a R l vt,slo£ '_ • J I I lit in! rt. /\ '-rr a II ill -_._.1 :1' i; 4:1, `— .4) %Z Arslo .41 ��e�s.,. :1;.1.. mil- %'�_�� n..; BIyIr^ H,r A �I1 crv,r.vii-: "Hj=/ vs:": 01 9ee•Mord Ira ere... Yroe 7...1�a rD 4 v,.nre•, Tr.d — ilq••• •• Lek ' . � : n ':. ) I� " ,q = a air,: i :1 "2 _ (�' e #O.1•'Cor. -+` • - —r.) a ee;,;"J•re ' • - - 2 ter• 1' r1 .+� .44 -lr• - . I A . Al gi ems'• e. — i, I J i.• rl . .. ire �� .�•.. -.. ',; . :w - }l . ��'` ' oject Site r 1 11 LIMIT 4 +. J r 2 Q publichearing will be held on December 6�_1983 at 7:00 P.M. in the administration which istrtimtion SAID Ceg conference room at 73-510 Fred Waring Drive, Palm Desert, California, and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary City of Palm Desert, California PUBLISH: Desert Post November 25, 1983 /pa