Loading...
HomeMy WebLinkAbout1985-03-14MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 14, 1985 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson M. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Phyllis Jackson Councilmember Jean Benson Mayor Pro-Tempore Richard S. Kelly Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Sheila R. Gilligan, City Clerk David J. Erwin, City Attorney Kirby J. Warner, Director of Finance Ramon A. Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING THE WEEK OF MARCH 25, 1985, AS JOANNA HODGES WEEK. Councilmember Jackson read the proclamation declaring the week of March 25, 1985, as "Joanna Hodges Week" in the City of Palm Desert and presented it to Ms. Joanna Hodges. She stated that Ms. Hodges is a wonderful lady, and the City of Palm Desert felt it was time to do something about honoring her. Mayor Snyder added that the City and its citizens were very proud of the way Ms. Hodges represents the City, and he presented her with a key to the City. Ms. Hodges accepted the proclamation and key stating that she was very honored by this and really was at a loss for words to express her appreciation. B. RESOLUTION OF COMMENDATION FOR CERTAIN STAFF MEMBERS FOR OUTSTANDING CONTRIBUTIONS TO THE PALM DESERT LAW ENFORCEMENT PROGRAM. Mayor Snyder read this resolution aloud, which commended Lt. Mike Lewis, City Manager Bruce Altman, and Administrative Aide Scott Miller for their time, effort, innovations and foresight in making Palm Desert a model city in law enforcement and giving residents and visitors a safer city to visit, live and work in. MINUTES REGULAR CITY COUNCIL MEETING MARCH 14, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman stated that he felt the success of the law enforcement program was the result of a whole team effort and thanked the Council for this resolution. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of February 14 and February 28, 1985. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-083, 85-085, and 85-086. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Lawrence Hong and Yau Eoon Lew for 72-655 Highway 111, Palm Desert, California. Rec: Receive and file. D. RESOLUTION NO. 85-16 - 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. E. AUDIT REPORT from Thomas, Byrne do Smith Relative to the City's Business License Tax. Rec: Receive and file. F. REPORT FROM SHERIFF'S DEPARTMENT for Month of January, 1985. Rec: Receive and file. G. REQUEST FOR REVENUE BOND FINANCING By Robertson Homes for a 220 Apartment Unit Complex. Rec: Refer to staff for report and recommendation. H. CLAIM AGAINST THE CITY by Jo Hill, Represented by Walter T. Clark, Attorney at Law, in the Amount of $50,000. Rec: Deny the claim and instruct the City Clerk to so advise the Claimant. I. REQUEST FOR APPROVAL of Final Map for Tract Nos. 17794-2 and 17794-3, Alexander Adamek, Applicant. Rec: Waive further reading and adopt Resolution No. 85-17, approving Tract Nos. 17794-2 and 17794-3 and the bonds and agreements relating thereto. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Traffic Signal Modifications at Fred Waring Drive and Portola Avenue (Contract No. 1088). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the construction of traffic signal modifications at the intersection of Fred Waring Drive and Portola Avenue. -2- MINUTES REGULAR CITY COUNCIL MEETING MARCH 14, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of Traffic Signals at Fred Waring Drive/San Pablo Avenue and Monterey Avenue/Parkview Drive (Contract No. 1089). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of traffic signals at the intersections of Fred Waring Drive/San Pablo Avenue and Monterey Avenue/Parkview Drive. L. REQUEST FOR APPROVAL of Contract No. 1072, Highway 74 Frontage Road Street Improvements. Rec: By Minute Motion, accept the work for Contract No. 1072 as complete and authorize the City Clerk to file a Notice of Completion. M. RESOLUTION NO. 85-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING CONSENT TO THE ESTABLISHMENT OF MONTEREY AVENUE NORTH OF COUNTRY CLUB DRIVE AS A COUNTY HIGHWAY. Rec: Waive further reading and adopt. Upon motion by Kelly, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. SANDY BAUM, 45-800 Deep Canyon Road, addressed the Council relative to landscaping of the median strip on Highway 111. He stated that in October, 1984, when this project was listed on the Consent Calendar with a request for authorization to go to bid, staff was directed by the Council to meet with the landscape architect to determine what the best landscaping would be for that area. Now the project was almost complete, and he felt that the landscaping was not very attractive. He called attention to an editorial in the Palm Desert Post relative to this landscaping and asked that the Council again take a good look at this area. Mr. Baum also thanked the Council for its efforts in obtaining additional parking at the Palm Desert Post Office. He stated that it is now much easier to find a parking space and asked if there were any plans to announce these additional spaces in the press. Mrs. Gilligan stated that it was scheduled for a press conference on Monday, March 18th. VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THE CALIFORNIA HEALTH & 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, November 8, 1984, and January 10, 1985.) Mayor Snyder noted that this was a continued public hearing and asked for staff's report. Mr. Altman reported that this had been discussed in Study Session and stated that Fire Marshal Mike McConnell and Fire Chief Eric Vogt were available to answer any questions. Mr. McConnell reported to the Council that this ordinance lowers the sprinkler requirement so that commercial buildings 5,000 square feet or larger would be required to install a sprinkler system. This is reduced from the previous 12,000 square foot requirement. -3- MINUTES REGULAR CITY COUNCIL MEETING MARCH 14, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder invited input in FAVOR of or OPPOSED to none was offered. He declared the Public Hearing closed. Upon motion by Jackson, second by Wilson, Ordinance No second reading by unanimous vote of the Councilmembers present. B. this ordinance, and . 350 was passed to CONSIDERATION OF A REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL 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 noted that this item was continued and that the Public Hearing was still open. Mr. Diaz stated that this public hearing had been readvertised at the request of the applicant and requested that it be discussed in two areas: 1) testimony on the site plan itself; 2) the issue of the proposed development agreement to implement the density bonus provision as set forth in the State code. MR. CHARLES MARTIN, architect for the applicant, Mr. Ward, advised Council that he would answer questions since the plan had been reviewed at its last hearing. Councilman Wilson asked if the applicant had given any consideration to reducing the two stories to one. Mr. Martin responded that he had not since he had no direction from the developer to do so. Mayor Snyder expressed his concurrence that single story would be more compatible with the neighborhood. MR. JOHN BROWN, 600 E. Tahquitz McCallum, spoke as the applicant's attorney. He thanked Council for its willingness to reconsider after its initial denial when the applicant would not agree to a two -week continuance while the density bonus issue policy was prepared. Mr. Brown noted that no one had spoken in opposition to the proposed project at the Planning Commission hearing and asked that Council approve it as had the Commission. He further stated that as far as the density bonus issue was concerned, the Council's discretion had been removed by the California legislature. He said his client was prepared to enter into a formal agreement with the City as set forth in the agreement approved by the Planning Commission in November and upon question by Councilman Wilson, he stated his client would not accept the newly proposed agreement. Councilman Wilson stated that much time and study had gone into the new guidelines which supercede those approved in November. Mayor Snyder invited input in OPPOSITION to the request, and the following was offered: MR. ERIC WAHLBERG, 72-764 San Jose Drive, Palm Desert, said that the City had had a mixup in the mailing to neighbors of the project which resulted in no one attending the Commission hearing. He further stated that the neighborhood opposed the two-story buildings and the increased grade. MR. TERRY NICHOLSON, 72-760 San Juan Drive, Palm Desert, opposed the two-story structures, the increased density, and the fact that the price the units would be sold for did not seem low or moderate to him. Mr. Diaz reveiwed the new development agreement which had been prepared under the newly adopted density bonus guidelines established -4- MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * MARCH 14, 1985 by the Council. The old agreement had controlled 5 units at a selling price of $78,000 which the Council felt was still above low or moderate housing prices. The new agreement controlled 5 units at $47,000. MR. BROWN disagreed with Council's new policy and stated that under a certain section of the Government Code, his client could receive the same density bonus with no controls by offering 50% of the units for senior housing. Mr. Wilson responded that while he knew of this section of the Code, he felt something had been left out of it as it absolutely defeated the intent of the law. Councilmember Jackson stated she felt the project was a good one as presented. Mayor Snyder suggested a continuance of the item to allow staff time to sit down with the applicant and determine a mutually acceptable solution. Councilmember Jackson moved to continue the item to the meeting of March 28, 1985, and Councilman Wilson seconded the motion. Before a vote was taken, the following discussion ensued: Councilman Wilson felt that direction should be given with regard to the height of the proposed buildings. He stated that the two stories concerned him and that at the joint meeting of the Council and Commission, the members had toured this specific site which is in a scenic preservation overlay zone which limits construction to one story. While the Planned Residential designation would permit the two story in this area, it is meant for large parcels of property where adequate setbacks can be achieved. The property in question is a small piece of land because of a lot split. Single -story buildings are across and behind this property and the intent of the Scenic Preserveration Overly would be violated if this project were approved. Councilmember Jackson stated that if this had not been explained to the applicant when he presented his plans to the City, a denial would be unjust. Councilman Kelly and Mayor Snyder both stated feelings that two-story structures did not belong in this neighborhood. Mayor Snyder called for the vote on continuance, and motion carried by unanimous vote of the Councilmembers present. IX. X. RESOLUTIONS None ORDINANCES For Introduction: A. ORDINANCE NO. 423 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.32.060 OF THE MUNICIPAL CODE PERTAINING TO PURCHASING PROCEDURES. Mr. Altman reported that this ordinance was presented at Council direction and would expedite small public works projects by allowing the Manager to approve up to $5,000 after which formal bid procedures must be followed. Upon motion by Jackson, second by Wilson, Ordinance No. 423 was passed to second reading by unanimous vote of the Councilmembers present. B. ORDINANCE NO. 424 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO A DIRECTLY ELECTED MAYOR. Mr. Altman reported that the City Council could not call a special election to be held in November until no more than 103 days prior to - 5- MINUTES REGULAR CITY COUNCIL MEETING MARCH 14, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the election. He recommended Council continue this item to the second meeting in July. Upon motion by Wilson, second by Kelly, the item was continued to the meeting of July 25, 1985, by unanimous vote of the Councilmembers present. For Adoption: A. ORDINANCE NO. 420 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.24 TO TITLE 9 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, TO BE KNOWN AS THE NOISE CONTROL ORDINANCE, AND DELETING CHAPTER 15.28 OF TITLE 15 OF THE CODE OF THE CITY OF PALM DESERT. Mr. Altman reported no input had been received since first reading of the ordinance. Upon motion by Kelly, second by Jackson, Ordinance No. 420 was adopted by unanimous vote of the Councilmembers present. B. ORDINANCE NO. 421 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 8.20.040 AND 8.20.080 PERTAINING TO PUBLIC NUISANCES. Mr. Altman reported that no further input had been received since first reading of the ordinance. Upon motion by Jackson, second by Wilson, Ordinance No. 421 was adopted by unanimous vote of the Councilmembers present. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF COMPUTER INSTALLATION FOR THE CITY OF PALM DESERT, CALIFORNIA, AND AGREEMENT NO. 00- 030 WITH COMPUTER ALLIED SYSTEMS. Mr. Altman reported that this had been discussed at length in Study Session and offered to answer Council questions. Councilman Wilson asked if the figures were ballpark prices, and Mr. Altman responded that the contract would be for $294,000, first year maintenance would be $40,225, contractual services with Tug Tamaru would be $10,000, training programs would be $20,000, IBM PC package would be $8,000, furniture and supplies would be $8,000, and a contingency fund of $30,000 would be established. Councilmember Jackson moved to approve the staff recommendtion including Agreement No. 00-030 and authorize Mayor to execute same. Mayor Snyder seconded the motion. Motion carried by unanimous vote of the Councilmembers present. B. CONSIDERATION OF A FEE WAIVER FOR BOB HOPE CULTURAL CENTER. Mr. Altman asked that this item be continued until further clarification can made. Councilmember Jackson moved to continue the item until such time as staff has sufficient information to present it to the City Council. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmembers present. XIII. CONTINUED BUSINESS A. CLAIM AGAINST THE CITY By Donna L. Campos in the amount of $147.15. -6- MINUTES REGULAR CITY COUNCIL MEETING MARCH 14, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City Attorney Dave Erwin asked that this item be removed from the Agenda as it had been settled with the claimant. Upon motion by Kelly, second by Jackson, the Claim against the City by Donna L. Campos was removed from the Agenda by unanimous vote of the Councilmembers present. B. REQUEST FOR APPROVAL OF MODIFICATIONS TO THE CIVIC CENTER. Mr. Altman stated that this item had been discussed with the architect at length in Study Session. He recommended Council's approval of proceeding with Phase I to modify the computer room, place petitions in both the Finance Department and an area to accommodate the Crime Prevention Officer and Intern up to an amount of $15,000. In addition, he recommended that a subcommmittee of the Council be established to review any further modifications. Councilman Kelly stated he felt the City should make use of the space it had after the large investment for the Civic Center before adding any more space. Councilman Kelly moved to approve Phase I modifications of the Civic Center in an amount not to exceed $15,000. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. C. PROGRESS REPORT ON MONTEREY AVENUE BRIDGE. Mr. Altman recommended that the City go to bid on this project as we await a decision from Rancho Mirage. Councilmember Jackson moved to authorize staff to call for bids for the construction of the Monterey Avenue bridge. Mayor Snyder seconded the motion. Motion carried by unanimous vote of the Councilmembers present. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B MR. SANDY BAUM, 45-800 Deep Canyon Road, Palm Desert, offered to serve on the Civic Center modification committee if public members were to be included. He also suggested Council consider holding town hall meetings. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. DIAL -A -RIDE PROGRAM Mr. Altman reported that Councilman Kelly had been working with Sunline to set up this program. To expedite it, he had requested that the City of Palm Desert establish its own request for proposal so that it could engage such services and then bill Sunline for it. Councilman Kelly moved to authorize himself to proceed with negotiations for a Dial -A -Ride Program for the City of Palm Desert for subsequent approval by the City Council. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. Councilman Kelly added that he would be establishing a subcommittee of both staff members and members of the public to assist in establishing needs in the City. 2. JOANNA HODGES COMPETITION PLAQUES at RECEPTION Mr. Altman reported that the Civic Arts Committee would like to present the winners of this competition with plaques as well as -7- MINUTES REGULAR CITY COUNCIL MEETING MARCH 14, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * provide a reception at the Civic Center for doctors who were supporting the competition. A request for $500 had been made by the Committee to cover costs for both. Councilman Kelly moved to approve the expenditure of an amount not to exceed $500 to cover the cost of plaques and a reception for the Joanna Hodges Competition. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. 3. HIGHWAY 111/EL PASEO WEST LEFT TURN MODIFICATIONS Mr. Altman recommended that Council direct staff to proceed with the design of this modification anticipated to cost $9,000 with the understanding that it will come back to the City Council for final approval. Upon motion by Kelly, second by Wilson, and unanimous vote of the Councilmembers present, staff was directed to proceed with these modifications. B. CITY ATTORNEY N one C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Wilson, second by Jackson, and unanimous vote of the Councilmembers present, Mayor Snyder adjourned the meeting at 8:25 p.m. ATTEST: - SHEILA R. GITCL.IGAN, Y CLERK CITY OF PALM DESE 1, CALIFORNIA �L{'t 4/1'L L Lam' WALTER H. SNYDER, My4YOR -8-