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HomeMy WebLinkAbout1985-01-10MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 10, 1985 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tempore Dick Kelly (and student Mayor Jennifer Haas) called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Student Councilwoman Amber Jensen III. INVOCATION - Student Councilman Scott Dunagan IV. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Councilmember Phyllis Jackson Councilman S. Roy Wilson Mayor Pro-Tempore Richard S. Kelly Also Present: Mayor Walter H. Snyder Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Kirby Warner, Director of Finance Ray A. Diaz, Director of Environmental Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CERTIFICATES OF PARTICIPATION IN CONJUNCTION WITH STUDENT GOVERNMENT DAY. Mayor Pro-Tempore Dick Kelly first explained that the students had been visiting the Civic Center for a good part of the day and had actually participated in some daily activities. He stated that City officials had probably learned as much as the students had and that the day had been a most enjoyable one for everyone who participated. He presented certificates to the following students of the Palm Desert Middle School noting which position they had been acting in for the day: Jennifer Haas, Mayor Amber Jensen, Councilwoman Scott Dunagan, Councilman Cheryl Wu, Mayor Pro-Tempore David Jones, Councilman Gretchen Imkamp, City Manager Ming Tan, Police Chief Michelle Clevenger, Fire Chief Jill Kuhar, City Clerk/Public Information Officer Mellissa Peper, Finance Director Vincent Waddill, Director of Public Works John Nishikawa, Director of Building 8c Safety Lannette Holt, Administrative Services Officer Kathleen Kish, Administrative Services Aide Shannon Cosgrove, Director of Environmental Services Stephanie White, Director of Code Enforcement Jennifer Kelly, Director of Parks ac Recreation MINUTES REGULAR CITY COUNCIL MEETING JANUARY 10, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. PRESENTATION OF CHARTER PALM DESERT POLICE DEPARTMENT CERTIFICATES TO DEPUTY TOM BECKER. Mayor Pro-Tempore Kelly presented Deputies Anthony Goss and Brent Conley with Certificates acknowledging their participation as charter members of the Palm Desert Police Department. He thanked each for their outstanding performance in keeping Palm Desert a great place to live and work. Deputy Tom Becker was unable to attend the meeting. B. APPOINTMENT TO RENT REVIEW COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF JEAN-M. BENSON. Councilmember Jackson moved to appoint Mary Patricia Martin to the Rent Review Commission to fill the vacancy created by the resignation of Jean M. Benson. Councilman Wilson seconded the motion. Motion carried on a 3-1-1 vote with Councilmember Benson voting NO and Mayor Snyder ABSENT. C. APPOINTMENT OF SEVEN -MEMBER BOARD FOR THE EL PASEO IMPROVEMENT AREA. Mayor Pro-Tempore Kelly noted that the City Clerk had just finished conducting an election whereby all members of this Improvement Area had voted to elect this seven -member board. He recommended that the Council take action to appoint the individuals elected. Councilmember Jackson moved to appoint the following: Don Davis, Palm Desert National Bank - 3 year term. Bill Waring, Lobland-Waring Realty - 3 year term. Robb Claiborne, Ralph Lauren Polo Shop - 3 year term. Hank Stokes, Sandpiper Shoes - 2 year term. Sharon Tuverson, Tuverson's of El Paseo - 2 year term. Carl Martin, Carl Martin's Desert Men's Shop - 1 year term. Harry Hoyt, Cabale Cachet - 1 year term. Councilman Wilson seconded the motion. Motion carried by a 4-0-1 vote. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of December 13 and December 27, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-058, 85-061 and 85-062. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Marjorie E. O'Donnell for Marjorie's Peg Leg Inn, 73-098 Highway 111, Palm Desert, California. Rec: Receive and file. D. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT for Months of October and November, 1984. Rec: Receive and file. E. REQUEST FOR FINAL APPROVAL of Parcel Map 20217, Birtcher- Dunham, Applicant. Rec: Waive further reading and adopt Resolution No. 85-1, approving Parcel Map 20217. Upon motion by Benson, second by Wilson, the Consent Calendar was approved as presented by a 4-0-1 vote of the Council. -2- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 10, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VU. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THE CALIFORNIA HEALTH do SAFETY CODE, SECTION 17962. (Continued from the Meetings of December 22, 1983, January 12, January 26, February 9, February 23, March 8, March 22, April 26, June 14, July 26, August 23, and November 8, 1984.) Mayor Pro-Tempore Kelly noted that this public hearing was open and asked for staff's report. Mr. Altman reported that this item was still being held up over a water valve and that the Fire Department and Department of Building do Safety were continuing efforts with the Coachella Valley Water District to resolve differences over it. He recommended continuance to the meeting of March 14, 1985. Mayor Pro-Tempore Kelly invited public input, and none was offered. Upon motion by Wilson, second by Jackson, the item was continued to the City Council meeting of March 14, 1985, 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. (Continued from meeting of December 27, 1984.) Mayor Pro-Tempore Kelly noted that this public hearing was open and asked for staff's report. Mr. Altman reported that the Council had continued this item at its last meeting to allow a subcommittee of Councilmembers Jackson and Wilson time to sit down with planners and the City Attorney to look at the whole issue of density bonuses and options available to the Council. While the Committee had met once, more information was needed from the City Attorney; therefore, another continuance was requested. Mayor Pro-Tempore Kelly invited public input, and the following was offered: Mr. Robert Pitchford, architect for the project, offered to answer questions if Council had any. Upon motion by Jackson, second by Benson, the item was continued to the meeting of January 24, 1985., by unanimous vote of the Council. 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. (Continued from meeting of December 27, 1984.) Mayor Pro-Tempore Kelly noted this public hearing was open and asked for staff's report. -3- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 10, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman advised that the same circumstances as those in the previous case applied here. He recommended continuance. Mayor Pro-Tempore Kelly invited public input, and none was offered. Upon motion by Jackson, second by Benson, the item was continued to the meeting of January 24, 1985, by unanimous vote of the Council. D. 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 FOP. A 104 UNIT APARTMENT PROJECT iLO:ATED ON A 6.34 ACRE PARCEL AT THE CORNER OF tHOVLEY L ANE AND BEACON HILL. P.D. PARTNERS & STEVE SULLIVAN, AIA, APPLICANTS. (Continued from meeting of December 27, 1984.) Mayor Pro-Tempore Kelly noted this public hearing was open and asked for staff's report. Mr. Diaz stated that this project was a redesign of one approved by the City Council at its meeting of June 28, 1984. He noted that it was the feeling of both Planning Commission and Staff that this new design was an improvement over the previous submittal. The previous plan showed all two bedroom/two bath units while the new plan shows 22 two- bedroom/one bath units which necessitates an agreement change pertaining to the rent schedule. The difference in rent was $50/unit, and these rents were still below market rents for units of that size. The request complies with all City codes, and he recommended approval. Upon question by Council, Mr. Diaz responded that this density increase was the result of a change of zone and not the density bonus law. Upon question by Councilmember Benson, Mr. Erwin responded that Council could not set rents lower than medians for our area unless the developer agreed to them. Mayor Pro-Tempore Kely invited input in FAVOR of the request, and the following was offered: MR. STEVE SULLIVAN, 73-700 Highway 111, Palm Desert, stated his concurrence with staff's report and recommendation. Mayor Pro-Tempore Kelly invited input in OPPOSITION to the request, and none was offered. He declared the public hearing closed. Councilmember Jackson moved to waive further reading and adopt Resolution No. 85-2 and to pass Ordinance No. 415 to second reading. Mayor Pro-Tempore Kelly seconded the motion. Motion carried by unanimous vote. E. REQUEST FOR CHANGE OF ZONE FROM MULTI -FAMILY RESIDENTIAL TO GENERAL COMMERCIAL TO ALLOW CONVERSION OF AN OWNER'S RESIDENCE INTO 4 HOTEL UNITS AT AN EXISTING HOTEL LOCATED AT THE NORTH WEST CORNER OF DEEP CANYON AND ABRONIA, CASE NO. C/Z 84-17 AND CUP 84- 11. ELIZABETH DINGMAN AND ROBERT PITCHFORD, APPLICANTS. Mayor Pro-Tempore Kelly declared the public hearing open and asked for staff's report. Mr. Altman stated that this item had been discussed thoroughly in Study Session and offered to answer questions if Council had any. Mayor Pro-Tempore Kelly invited testimony in FAVOR of the request, and the following was offered: MR. WAYNE GURALNICK, 74-399 Highway 111, Palm Desert, California, addressed Council as attorney for the applicant. He said his -4- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 10, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * clients had a unique situation in that when they purchased the motel, they were under the impression that the three units to be converted could be as a permitted use. When trying to obtain building permits on July 31st, they found it was actually a non -conforming use. The owners chose to do the work in the summer months to have the facilities ready for the season and ran the risk of Council's refusing the request for zone change. He concluded by stating the new owners had spent over $450,000 to improve the hotel and bring it up to City code and standards. Mayor Pro-Tempore Kelly invited input in OPPOSITION to the request, and none was offered. He declared the public hearing closed. Mr. Diaz advised Council that should it choose to adopt the proposed resolution, it should be amended to reflect a condition suggested by the Planning Commission which would require the applicant to post a $4,000 bond to assure that additional parking will be installed if the need is proven after this season is over. Upon motion by Wilson, second by Benson, Resolution No. 85-3 as amended was adopted and Ordinance No. 417 was passed to second reading by unanimous vote of the Council. IX. F. REQUEST FOR CONSIDERATION OF THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT FOR THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES AND THE UNDERGROUND INSTALLATION OF WIRES AND FACILITIES FOR SUPPLYING ELECTRIC, COMMUNICATION OR SIMILAR OR ASSOCIATED SERVICE ON PORTOLA AVENUE BETWEEN HIGHWAY 111 AND FRED WARING DRIVE. Mayor Pro-Tempore Kelly declared the hearing open and asked for staff's report. Mr. Altman advised that the legal notice for this hearing reflected the wrong boundaries. He recommended taking public testimony, if any, and closing the public hearing. He further advised that the City Clerk had advertised a hearing with the correct boundaries for the January 24th meeting. Mayor Pro-Tempore Kelly invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the public hearing closed. No Council action was necessary. G. APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL RELATING TO A 1DARCEL MAP TO ALLOW CONSOLIDATION OF A RECORDED TRACT (4489) INTO TWO LOTS ON A 28-ACRE SITE IN A RESORT COMMERCIAL ZONE LOCATED SOUTH OF FRED WARING DRIVE BETWEEN HIGHWAY 111, PAINTERS; PATH, AND THE PALM VALLEY CHANNEL. CARMA DEVELOPERS, APPLICANT. (Continued from Meeting of November 8, 1984.) Mayor Pro-Tempore Kelly advised this.hearing was open and asked for staff's report. Mr. Altman read a telegram received from the applicant that morning which withdrew the appeal. Mr. Erwin advised that with the withdrawal, the matter is dropped from the agenda with no public testimony taken and no Council action required. Mayor Pro-Tempore Kelly declared the public hearing closed. RESOLUTIONS None -5- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 10, 1985 * * * * * * * * * * * * * * * * * 4 * * * * * * * * * * * * * * * X. ORDINANCES For Introduction: A. 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 chat this ordinance had been prepared at the request of Councilman Kelly. It provided for installation of public improvements by the City with reimbursement collected from the developer later. He stated that staff had no concerns provided Council reviewed each project on its own merits. Councilman Wilson ask ad how the City would proceed with this; who would determine priority projects? Mayor Pro-Tempore Kelly stated that he would like to make a presentation on this in the next Study Session provided Coucilmember Benson was willing to trade brainstorming times with him. She agreed to this. Upon motion by Benson, second by Wilson, Ordinance No. 416 was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 398 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT ALLOWING PLANNING AND SUBDIVISION TT 19503 IN TWO PHASES UNDER OPTION 4 OF THE HILLSIDE PLANNED RESIDENTIAL DSTRICT SECTION 25.15.030 AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. CASE NO. DA-9. Upon motion by Jackson, second by Kelly, Ordinance No. 398 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 409 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED "UNIFORM BUILDING CODE, 1982 EDITION", "UNIFORM BUILDING CODE STANDARDS, 1982 EDITION", INCLUDING ALL APPENDICE CHAPTERS, WITH THE EXCEPTION OF APPENDICE CHAPTER 1;12;52;70 THEREIN CONTAINED AS PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. Upon motion by Benson, second by Jackson, Ordinance No. 409 was adopted by unanimous vote of the Council. C. ORDINANCE NO. 410 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING CHAPTER 17 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT PLUMBING CODE" WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED "UNIFORM PLUMBING CODE, 1982 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. Upon motion by Jackson, second by Wilson, Ordinance No. 410 was adopted by unanimous vote of the Council. -6- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 10, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. ORDINANCE NO. 411 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING CHAPTER 19 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT SWIMMING POOL CODE" WITH CERTAIN ADDITIONS, DELETIONS AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED "UNIFORM SWIMMING POOL CODE, 1982 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. Upon motion by Jackson, second by Benson, Ordinance No. 411 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B N one XVI. REPORTS AND REMARKS A. CITY MANAGER 1. CODE COMPLIANCE COUNTER Mr. Altman reported that the City Clerk had received no bids for the legally advertised call for bids for the installation of the subject counter. He recommended that staff be authorized to negotiate with Larson & Larson Construction Company, a contractor in good standing with the City. Councilmember Jackson moved to authorize staff to negotiate a contract with Larson & Larson Construction Company in an amount not to exceed $7,000 for the installation of a counter in the Code Compliance Department. Councilmember Benson seconded the motion. Motion carried by unanimous vote. 2. ORDINANCE NO. 418 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.28, SECTION 3.28.040, PERTAINING TO EXEMPTIONS RELATING TO THE TRANSIENT OCCUPANCY TAX. Mr. Altman reported that this ordinance had been presented in Study Session at the request of Councilmember Benson. In essence, it corrected a discrepancy in the language dealing with a 30-day vs. a 31-day month. Upon motion by Benson, second by Jackson, Ordinance No. 418 was passed to second reading by unanimous vote of the Council. 3. STUDY FOR PROPOSED MUNICIPAL GOLF COURSE Mr. Altman reported that staff had made a presentation in Study Session whereby the City Council would work with the National -7- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 10, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Golf Foundation for a budgeted amount to determine the needs of and for a municipal golf course. Councilmember Jackson moved to direct staff to proceed with a study in conjunction with the National Golf Foundation in Florida, including looking at the franchising concept as well as the feasibility of a public club house on the course, in an amount not to exceed the budgeted $15,000. Mayor Pro-Tempore Kelly seconded the motion. Motion carried by unanimous vote. 4. REPORT FROM POLICE ADVISORY COMMITTEE Mr. Altman stated that this report, dated January 8, 1985, had been presented to Council in Study Session. It covered the committee's activities as well as accomplishments. The main point in the report was that the committee felt no need for a police tax at this time. Councilman Wilson moved to receive and file the report with commendations to the committee for its hard work. Councilmember Benson seconded the motion. Motion carried by unanimous vote. Mayor Pro-Tempore Kelly commended the committee's chairman, Dick Sparks, for an outstanding job in an area of major concern. 5. FRONTAGE ROAD UPDATE Mr. McClellan stated that he had met several times with Messrs. Morley and Lindsay relative to their concerns over the proposed changes to the San Pablo portion of the road and Caltrans' position that the median must be closed. He did not feel they were yet satisfied with the changes. He recommended that staff move forward by closing that median and phasing into the new two-way system in a prototype area from Monterey to Las Palmas Avenue. Upon motion by Wilson, second by Benson, and unanimous vote, staff was directed to proceed with the first phase by converting the frontage road between Monterey Avenue and Las Palmas Avenue to two-way traffic, and to advise the Frontage Road Committee of Council's action. B. CITY ATTORNEY REQUEST FROM ROBERT L. WARD FOR RECONSIDERATION OF DENSITY BONUS REQUEST. CASE NO. PP 84-24A. Mr. Erwin advised he had been contacted by the applicant whose case had been denied by Council when his representative would not agree to a continuance at the meeting of December 27, 1984. This case is similar to the two others continued tonight for further report from a subcommittee. He recommended Council agree to reconsider this at the next meeting along with the similar requests. Councilman Wilson stated that the applicant had obviously had second thoughts, and he felt the request a reasonable one. Councilman Wilson moved to reconsider Case No. PP 84-24A, Robert L. Ward and Charles Martin, Applicants, at the meeting of January 24, 1985. Councilmember Benson seconded the motion. Motion carried by unanimous vote. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Pro-Tempore Kelly asked that everyone note the future meetings listed on the agenda. -8- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 10, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Upon motion by Wilson, second by Jackson, and unanimous vote of the Council, Mayor Pro-Tempore Kelly adjourned the meeting at 8:30 p.m. ATTEST: SHEILA R. e IGANTY CLERK CITY OF PALM DESERT, CALIFORNIA V (X-eiCaA---t, \ d RICH. S. KELLY, MAYOR PR EMPORE -9-