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HomeMy WebLinkAbout1984-09-27MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 27, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Puluqi 111. INVOCATION -. Councilmember Phyllis Jackson PI. ROLL. CALL Present: Excused Absence: Councilmember Phyllis Jackson Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Mayor Pro-Tempore Richard S. Kelly Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Barry R. McClellan, Director of Public Works Steve Smith, Associate Planner Stan Sawa, Assistant Planner Kirby J. Warner, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF PLANNING COMMISSIONER to Fill Vacancy Created by Expiration of Term (Continued from the meetings of August 23 and September 13, 1984). Councilman Wilson stated that this had been discussed in Study Session and moved that the Council waive further reading and pass Ordinance No. 390 to second reading. This ordinance would amend the Palm Desert Municipal Code relative to Planning Commission appointments to require a simple majority vote of the Council instead of the 4/5ths majority vote currently required to appoint a Planning Commissioner. Motion was seconded by Puluqi and carried by a 3-1-1 vote of the Council, with Councilmember Jackson voting NO. Councilmember Jackson stated her feeling that the Council should review the applications on file and select applicants to be interviewed prior to making this appointment. Councilman Puluqi concurred. Upon motion by Wilson, second by Puluqi, and unanimous vote of the Councilmernbers present, the appointment of a Planning Commissioner was continued to the meeting of October 11, 1984. MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 13, 1984. Rec: Approve as presented. , B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-026 and 85-031. Rec: Approve as presented. C. CLAIM AGAINST THE CITY by Bert Lurth, 72-750 "D" Cactus Ct., Palm Desert, in the Amount of $76.82. Rec: Approve the Claim and instruct the Director of Finance to make payment not to exceed $76.82 upon recommendation of the City Attorney. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Art C. and Evelyn T. Vigare for Viva El Taco, 73-460 Highway 111, Palm Desert, California 92260. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by John V. Trefts for Nonchalance, 74-360 Palm Desert Drive, Palm Desert, California 92260. Rec: Receive and file. F. RESOLUTION NO. 84-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF REVENUE RECORDS FROM THE CODE ENFORCEMENT DEPARTMENT THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. G. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR HIGHWAY 74 FRONTAGE ROAD STREET IMPROVEMENTS CONTRACT NO. 1072). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the Highway 74 Frontage Road street improvements construction contract. H. SCHEDULE OF INVESTMENTS AS OF AUGUST 31, 1984. Rec: Receive and file. I. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 FOR CONTRACT NO. 1073 - ENGINEERING SERVICES CONTRACT FOR THE PORTOLA AVENUE CULVERT AT THE WHITEWATER RIVER. Rec: By Minute Motion, approve Change Order No. 2 for the subject contract. Upon motion by Puluqi, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VII. ORAL COMMUNICATIONS - A MR. RICHARD CLARK, 74-425 Goleta, addressed the Council relative to school impact fees and the fact that the City of Indio was the only city in the District not to have adopted the fees. It was his feeling that the City of Indio should be given until October 15, 1984, to enact legislation imposing such a fee for District -wide use. If this was not done, he felt the City of Palm Desert should amend its current resolution to stipulate that no monies collected in our jurisdiction be spent in Indio. In addition, he felt the other cities in the -2- MINUTES _ REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * District should do the same and restrict the use of funds collected in their cities. Councilman Puluqi moved to, by Minute Motion, direct Staff and the City Attorney, in the event the City of Indio does not adopt a development fee, to amend the City of Palm Desert's current resolution to stipulate that no monies collected in our jurisdiction be spent in Indio. Motion was seconded by Wilson and passed by unanimous vote of the Councilmembers present. MR. IRV KOWALSKY, 70-707 Frank Sinatra, Rancho Mirage, addressed the Council and stated that he was developing a second phase of King's Point and asked the Council to approve the vacation of two portions of land that had been dedicated for use as City streets. Mayor Snyder responded that the Council would not be able to make any decision on this until the matter had gone through the proper channels. The Public Works Department would have to determine whether it would be to the City's advantage and would then present the findings to the Council for a decision. VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF A CHANGE OF ZONE FROM R- 1-12,000 (SINGLE-FAMILY ZONE REQUIRING MINIMUM 12,000 SQ. FT. LOTS) TO PR-5 (PLANNED RESIDENTIAL, MAXIMUM FIVE UNITS PER ACRE) AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 390 UNIT RESIDENTIAL PROJECT (134 DETACHED SINGLE-FAMILY RESIDENCES AND 256 RESIDENTIAL CONDOMINIUMS) ON 81.6 ACRES AT THE SOUTHWEST CORNER OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE. McBAIL COMPANY, APLICANT. CASE NO. C/Z 84-12. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Smith reviewed the staff report in detail, noting that the site owned by the applicant has a total of 81.6 acres. The westerly 20+ acres is presently zoned PR-5, with the remainder zoned R-1 12,000. Approval of this change of zone would result in the entire site being zoned PR-5. He stated that the Planning Commission had recommended approval of the change of zone and had approved the Precise Plan and Tentative Map. Mayor Snyder invited input in FAVOR of this request. MR. MIKE GALLAGHER, Applicant, stated his company's reasons for requesting the change of zone were as follows: 1. The existing zoning is inconsistent with the General Plan in that the General Plan calls for 3-5 units per acre. Approval of the change of zone would bring it in line with the General Plan. 2. There are no characteristics of the land that would make it unsuitable for PR zoning. 3. The Planning Commission approved this project unanimously. 4. McBail Company could provide reasonable priced housing in this area. 5. McBail Company is an experienced developer in Palm Desert and has owned the land for four years. Mayor Snyder invited input in OPPOSITION to this request. MR. DAVE ANKERY of Casa Blanca Homeowners Association stated that a letter had been sent to the Planning Department opposing the rezoning on the basis that additional residences in this area would only add to the congestion, and the high density would interfere with the -3- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 1984 * * * * * * * * * * * * * * * * * *-* *4* *•* * *>*:* * * * * * * quiet and well-being of the neighborhood. He submitted a copy of the letter for the record (attached hereto and made a part hereof as Exhibit "A"). Councilmember Jackson asked Mr. Gallagher if he had a lender who would be willing to finance this project and whether or not a feasibility study had been done. He responded affirmatively to both questions. Mayor Snyder declared the public hearing closed. Councilmember Jackson moved to waive further reading and pass to second reading Ordinance No. 396, changing the zone from R-1 12,000 to PR-5. Motion died for lack of a second. Councilman Wilson stated that it was his feeling that the zoning was not inconsistent with the General Plan. Under the current zoning you would get 2.96 units to the acre which, rounded off, is three units to the acre. This is consistent with the General Plan which calls for 3-5 units per acre. He stated that the Council might want to consider sending it back to the Planning Commission and asked Mr. Smith whether the Planning Commission had analyzed and discussed this matter and what the reasons were for approving it. Mr. Smith responded that it had been discussed at the Planning Commission meeting, and the reasons for approval were included in the two resolutions adopted at that meeting. Councilmember Jackson stated that she did not see how this could be referred back to the Planning Commission, since it had approved it unanimously. She felt that it should be continued and discussed with the developer. Councilmember Jackson moved to continue this matter to the next meeting. Councilmember Wilson asked what the purpose of the continuance would be. Councilmember Jackson responded that it would give the developer the opportunity to sit down with staff and see how the problems could be resolved. Mayor Snyder stated that he felt the only reason for contivance would be for modifications and/or corrections to be made. Councilman Puluqi suggested that this matter be continued to the next meeting so that a full Council would be present to consider it. Councilman Wilson stated that he would like good justification for why the density should be increased and did not agree with developers requesting a change of zone every time they wanted to build on land that was not zoned for the higher density. Councilman Wilson seconded Councilmember Jackson's motion to continue this matter to the meeting of October 11, 1984. Motion carried by unanimous vote of the Councilmembers present. B. REQUEST FOR APPROVAL OF PROPOSED NORTH SPHERE ASSESSMENT DISTRICT 84-1. Mayor Snyder declared the public hearing open and announced that this is the time and place for hearing protests or objections to the "Report", the proposed construction and all related matters in North Sphere Assessment District No. 84-1. Mrs. Gilligan reported that Notice, pursuant to the provisions of the Streets and Highways Code, has been given in the manner and form as required by law and that the following affidavit is on file: Certificate of Mailing Notice and Filing Boundary Map. Mr. Mac Brown, Bond Counsel, summarized the contents of the "Report" pursuant to Division 4 of the Streets and Highways Code of -4- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the State of California. He then explained the method and formula of the assessment spread. Mr. John Sanborn summarized the proposed works of improvement and summarized the number of written protests. He gave a report on the percentage of protests by assessable area, with a total of 1.46% protest. Mayor Snyder invited input from anyone who had filed written protests, and none was offered. He invited input in OPPOSITION to these proceedings, and none was offered. He invited input in FAVOR of the proceedings and works of improvements, and the following spoke: MR. RICHARD SMITH, 960 E. Tahquitz-McCallum Way, Palm Springs, was in favor of the asssessment district but was concerned with the right-of-way acquisition and market values. He asked that the appraisal be reevaluated. MR. AL LeBRUN of Assessment No. 17 had questions regarding the estimated assessment and whether there was a breakdown on how much' was for curbs and gutters, water, etc. He also wanted to know when they would start paying this. Mr. Sanborn responded that he would be happy to answer all of Mr. LeBrun's concerns. Mayor Snyder declared the public hearing closed. Upon motion by Wilson, second by Puluqi, and unanimous vote of the Councilmembers present, Resolution No. 84-129, overruling and denying protests concerning the assessment district, was adopted. Upon motion by Puluqi, second by Jackson, Resolution No. 84-130 was adopted, finding and determining public interests, convenience and necessity for the Assessment District, and staff was directed to proceed with the processing of the Assessment District. MAYOR SNYDER CALLED A l0-MINUTE RECESS AT 8:20 P.M. HE RECONVENED THE MEETING AT 8:35 P.M. C. REQUEST FOR APPROVAL OF FINANCING OF A MULTI -FAMILY RENTAL HOUSING PROJECT. PALM DESERT PARTNERS, APPLICANT. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Phil Drell, Assistant Planner, reported that this was consideration of bond financing for a 104 unit apartment project located east of Cook Street. The purpose of this public hearing was to allow public input, and the public hearing had been duly noticed. He stated that pursuant to provisions of A.B. 665, the City would issue residential rental mortgage revenue bonds in an amount not to exceed- $6,000,000. These bonds would be paid solely from revenues generated by the project, with no expense to the City. 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 Puluqi, second by Jackson, and unanimous vote of the Councilmembers present, Resolution No. 84-131 wasadopted approving the financing of a multifamily rental housing project for Palm Desert Partners. D. REQUEST FOR APPROVAL OF FINANCING OF A MULTI -FAMILY RENTAL HOUSING PROJECT, WESTERN COMMUNITY DEVELOPERS, APPLICANT. Mayor Snyder declared the public hearing open and asked for staffs report. -5- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Drell reported that this request was for a 512 unit project located on the south side of Country Club Drive between Monterey and Portola. Pursuant to provisions of A.B. 665, the City would issue residential rental mortgage revenue bonds in an amount not to exceed $25,000,000. He stated that per federal tax requirements with respect to this project, 20% of the rental units would be made available to low and moderate income renters. 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 Puluqi, second by Jackson, and unanimous vote of the Councilmembers present, Resolution No. 84-132 was adopted approving the financing of a multifamily rental housing project for Western Community Developers. IX. RESOLUTIONS A. RESOLUTION NO. 84-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND DENYING A REQUEST FOR A CHANGE OF ZONE, A TENTATIVE TRACT MAP, A PRECISE PLAN, A DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW A 48 UNIT CONDOMINIUM DEVELOPMENT ON THREE ACRES CONTAINING TEN UNITS AFFORDABLE BY LOWER INCOME ELDERLY HOUSEHOLDS TO BE LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE. ROBERT L. WARD, CHARLES MARTIN, AND PETE BILLINGTON AND ASSOCIATES, APPLICANTS. Mr. Altman reported that at the meeting of September 27, 1984, Council denied this request for a change of zone because it was felt that the development was not consistent with the Housing Element of the General Plan. Staff was directed to prepare a resolution of denial for Council's consideration. Upon motion by Wilson, second by Puluqi, Resolution No. 84-133 was adopted by unanimous vote of the Councilmembers present. X. ORDINANCES For Introduction: A. ORDINANCE NO. 395 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.26.0I0 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES. Mr. Altman recommended continuance of this matter to the next meeting so that Mayor Pro-Tempore Kelly could be present during the discussion. Upon motion by Puluqi, second by Jackson, this matter was continued to the meeting of October 11, 1984, by unanimous vote of the Councilmembers present. For Adoption: A. ORDINANCE NO. 393 - 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 12 UNIT APARTMENT PROJECT CONTAINING 3 UNITS AFFORDABLE BY MODERATE INCOME HOUSEHOLDS. RELATED CASE NO. PP 84-22. Mr. Altman reported that no further input had been received since introduction of this ordinance. Upon motion by Puluqi, second by Wilson, Ordinance No. 393 was adopted by unanimous vote of the Councilmembers present. -6- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONSENT ITEMS HELD OVER N one XII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ISSUE A PURCHASE ORDER FOR ELEVEN CITY VEHICLES. Mr. Altman stated that this request should be amended to reflect the purchase of 10 vehicles instead of 11. He reported that the lowest bidder was Mac Magruder Chevrolet in the amount of $8,420.19 for each S-10 pickup and recommended the Council award the bid to Mac Magruder Chevrolet and authorize issuance of a purchase order in the amount of $84,201.90. Councilman Puluqi moved to, by Minute Motion, authorize staff to issue a purchase order to Mac Magruder Chevrolet for 10 S-10 pickup trucks for $8,420.19 each. Motion was seconded by Jackson and carried by unanimous yote of the Councilmembers• present. B. REQUEST FOR APPROVAL OF REDUCTION IN DRAINAGE FEES, DESERT EVANGELICAL FREE CHURCH, APPLICANT. Mr. Altman reported that the applicant had requested this matter be continued to the next meeting so that they could have a representative present during the discussion. Upon motion by Puluqi, second by Wilson, this matter was continued to the meeting of October 11, 1984, by unanimous vote of the Councilmembers present. C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO ENGINEERING CONTRACT FOR ASSESSMENT DISTRICT 83-1. Mr. Altman reported that this was discussed in Study Session and recommended approval of this change order. Councilman Puluqi moved to, by Minute Motion, approve Change Order No. 1 for the subject contract and direct Staff to submit financing options and an amendment to the contract at the November 8, 1984, Council meeting. Motion was seconded by Jackson and carried by unanimous vote of the Councilmembers present. D. REQUEST FOR APPROVAL OF CREDIT FOR TRAFFIC SIGNALIZATION FEES FOR TRACT 19619, MARRIOTT HOTEL, APPLICANT. Mr. Altman reported that this had been discussed in Study Session and recommended that the Council approve this request to reduce the Marriott Hotel's traffic signalization fees equal to the amount which they will spend for installation of two traffic signals. Councilman Wilson moved to, by Minute Motion, approve a credit for traffic signalization fees paid or a reduction in fees payable for Tract 19619. Motion was seconded by Puluqi and carried by unanimous vote of the Councilmembers present. F. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-012 AND AGREEMENT NO. 00-013 WITH BEST, BEST, do KRIEGER-7W BOND COUNSEL SERVICES RELATIVE TO CITY OF PALM DESERT 1984 MULTI -FAMILY MORTGAGE REVENUE BONDS. Mr. Altman reported that these agreements had been amended and were reviewed by the City Attorney. He recommended approval as amended. Councilman Wilson moved to, by Minute Motion, approve the amended agreements and authorize the Mayor to execute same. Motion was seconded by Puluqi and carried by unanimous vote of the Councilmembers present. -7- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * *-* * * * * * * * * * * * * G. REQUEST FOR APPROVAL OF AN AGREEMENT NO. '00-014 AND NO. 00-015 WITH FRANK URRUTIA, ARCHITECT, FOR ARCHITECTURAL/ENGINEERING SERVICES FOR LIGHTING AT COLLEGE OF THE DESERT BASEBALL AND SOFTBALL FIELDS ALONG WITH ARCHITECTURAL SERVICES FOR'SAPABLO PARK. Mr. Altman reported that this had been discussed in Study Session and recommended approval of the agreements. Councilman Puluqi moved to, by Minute Motion, approve the Agreements and authorize the Mayor to execute same. Motion was seconded by Jackson and carried by a 3-1-1 vote, with Councilman Wilson ABSTAINING as he felt that due to his employment by the College of the Desert, this might be considered a conflict of interest. XIII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF NEW FRANCHISE AGREEMENT WITH COACHELLA VALLEY TELEVISION. Mr. Altman requested that this be continued to the meeting of October 11, 1984. Upon motion by Puluqi, second by Wilson, this item was continued to the meeting of October 11, 1984, by unanimous vote of the Councilmembers present. XIV. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE FRED WARING DRIVE/MONTEREY AVENUE STORM DRAIN AND STREET WIDENING PROJECT (CONTRACT NO. 1052). Mr. Altman reported that this was discussed in Study Session and recommended awarding the contract to the lowest responsible bidder. Councilman Wilson moved to, by Minute Motion, award Contract No. 1052 to Massey Sand and Rock Company, low bidder. Motion was seconded by Jackson and carried by unanimous vote of the Councilmembers present. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. AGREEMENT TO AMEND AGREEMENT FOR.COOPERATION Mr. Ortega requested that this amendment be considered by both the Council and the Redevelopment Agency Board. He stated that while this agreement is in final form, the Agency attorney felt there might be some minor modifications to it prior to signing. He requested that the Council approve the agreement with these minor modifications as prepared by the Redevelopment Agency attorney. Councilman Wilson moved to, _by Minute Motion, approve the agreement with minor modifications as prepared by the Redevelopment Agency attorney and authorize the Mayor to execute same. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. COUNCIL CHAMBER CLOCK Councilmember Jackson asked how soon the clock for the Council Chamber weuld be installed. MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Sawa responded that the problem was in obtaining a clock large enough and that he was not sure whether or not a clock had been ordered yet. 2. Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Puluqi, second by Jackson, Mayor Snyder adjourned the meeting at 9:00 p.m. ATTEST: p„ H I A R. GI IGAN, CCLERK CITY OF PA M DESER ALIFORNIA WALTER H. SNYDER, MM'OR -9-