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HomeMy WebLinkAbout1985-03-28MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly III. INVOCATION - Councilmember Phyllis Jackson 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 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 N one VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 14, 1985, and of the Special Meeting of March 7, 1985. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-088, 85-091, and 85-181. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gary Compton dt Co., Inc. for Palm Desert Wine & Spirits, 74-121 Highway 111, Palm Desert. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. RESOLUTION NO. 85-19 - 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. MONTHLY FINANCIAL REPORT THROUGH FEBRUARY 28, 1985. Rec: Receive and file. F. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT for Month of February, 1985. Rec: Receive and file. G. REQUEST BY CVAG for Contributions to the Joint Powers Insurance Agency Committee. Rec: Approve the request and authorize the payment of $300 for participation in the JPIA Program. H. REQUEST FOR FINAL APPROVAL of Parcel Maps 19318, 19320, 19321, and 19322, Plaza Investment Co., Applicant. Rec: Waive further reading and adopt Resolution Nos. 85-20, 85- 21, 85-22, and 85-23, approving Parcel Maps 19318, 19320, 19321, and 19322. I. REQUEST FOR APPROVAL of Change Order No. 4 on Contract No. 1053 (Assessment District 81-1). Rec: By Minute Motion, approve Change Order No. 4 approving Claim Nos. 2 and 3 by Matich Corporation. J. RESOLUTION NO. 85-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 84-99 BY ADDING A NEW CLASSIFICATION TO THE TABLE OF AUTHORIZED EMPLOYEE POSITIONS. Rec: Waive further reading and adopt. K. REQUEST FOR AUTHORIZATION TO INSTALL A FOUR-WAY STOP AT THE INTERSECTION OF COOK STREET AND COUNTRY CLUB DRIVE. Rec: By Minute Motion, authorize the Public Works Department to proceed with the installation of a four-way stop at the subject intersection: L. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-016-01 WITH COUNTY OF RIVERSIDE FOR ADDITIONAL LAW ENFORCEMENT SERVICES. Rec: By Minute Motion, approve the agreement for previously budgeted services and authorize the Mayor to execute same. Upon motion by Jackson, second by Benson, and unanimous vote of the City Council, the Consent Calendar was approved as presented with the exception of the March 7, 1985, Minutes which were continued to the meeting of April 11, 1985, pending review by the Deputy City Attorney. VII. ORAL COMMUNICATIONS - A N one -2- MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIQ. PUBLIC HEARINGS A. 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. (Continued from the meeting of March 14, 1985.) Mayor Snyder announced this was a continued public hearing and asked for staff's report. Mr. Diaz reviewed the report and staff's recommendation that five units of 800 sq. ft. each be controlled at a selling price of $45,000 each. He noted that at Council's suggestion, the applicant had revised the development plan to provide for covered parking. He noted that the applicant had not agreed to the $45,000 selling price of five units, but he had not produced financial data to substantiate his projected losses if they were to be built and sold for that price. Upon question by Councilmember Benson, Mr. Diaz responded that unless significant change had occurred in the project, it would not have to be reviewed again by the Planning Commission. Mayor Snyder invited input from the applicant. MR. CHARLES MARTIN, Architect for the Project, reviewed the precise plan of design. He stated the developer would lose money on the construction of the low/moderate income units. MR. CURT EALY, Best, Best & Krieger Law Firm, addressed Council regarding the density bonus issue. He opposed the $45,000 price and requested that Council reconsider the Planning Commission recommendation to control two units at a price of $78,000. He noted that his client could build 50% of his units for senior housing and get the density bonus with no controls at all. He encouraged the Council to either grant the request or deny it with no further continuance or delay. Mayor Snyder invited input in OPPOSITION to the project, and the following spoke in opposition to the density, the project being two-story, and the proposed entrance to the project: MR. ERIC WAHLBERG, 72-764 San Juan Drive, Palm Desert. Mayor Snyder invited rebuttal, and Mr. Martin advised that the entrance for the project was to be off Fairhaven Drive. Mayor Snyder declared the Public Hearing closed. Councilman Wilson asked if the Council could grant this density bonus at the moderate income level of 80% which would control 5 units at $45,000 but approve it subject to reconsideration if the applicant came in with financial data proving he cannot build them at that price. He did not feel that five units at $78,000 met the intent of the law. Mr. Erwin responded that in accordance with the law, Council had no option but to grant the request, but it could require this financial data. Councilman Kelly stated his objection to the 800 sq. ft. units feeling that the neighbors would not like that quality. In addition, he did not think building $45,000 units on land this expensive was feasible. Councilman Wilson stated that the City was kidding itself that providing five units at $78,000 was meeting the intent of the low/moderate income law. He felt that the intent of the law was to help people get housing with this type of subsidy. If developers didn't -3- MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * want to get into subsidy money, they should build in accordance with the zoning of the land. Councilmember Benson moved to deny the project. Motion died for lack of a second. Mr. Erwin advised that Council could not under the law deny a density bonus request of this nature. Mayor Snyder reopened the hearing to respond to a question about ingress to the project. He declared the hearing closed. Councilmember Jackson moved to instruct staff to prepare a resolution and ordinance based upon five units at $78,000, these five units to be 1,240 sq. ft. three bedroom, two bath. Councilman Kelly seconded the motion. Motion carried on a 3-2 vote with Councilmembers Benson and Wilson voting NO. B. CONSIDERATION OF AN APPEAL OF A PALM DESERT ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A REQUEST FOR A SATELLITE DISH ANTENNA AT 74-430 HIGHWAY 111, THE NORTHEAST CORNER OF LAS PALMAS AND NORTH FRONTAGE ROAD. M.J. HUETT (ALL DESERT SATELLITE), APPELLANT. CASE NO. SAT ANT 7. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the report and the Architectural Review Commission's determination for denial. Mayor Snyder invited input in FAVOR of the appeal. MR. WAYNE HUBBARD spoke in favor of the appeal for the owner stating that this dish was imperative to demonstrating their product. He noted that there was really no other place for it than where it was as the parking lot was limited. MS. EVETTE MORENA spoke stating this dish was essential to their business and that placing it in the parking lot would leave it open to vandalism. Mayor Snyder invited input in OPPOSITION to the appeal. MR. BERNARD LEUNG, Chairman of the Architectural Review Commission, stated the Commission based its denial on the fact that the dish did not architecturally relate to its building and that no attempt had been made to make it do so or to screen it for that matter. Councilman Kelly stated that neither KMIR nor Sunrise had attempted to screen their dishes. Mr. Erwin responded that KMIR and Sunvision both operated on their own property and that the latter had been granted a City franchise to do so. Mayor Snyder declared the Public Hearing closed. Councilman Wilson stated that while his first reaction was one that this was a violation of the City's sign ordinance, after testimony he wondered if the zoning ordinance was keeping up with the times. He suggested the applicant be allowed to screen the dish with approval from the Architectural Review Commission on what type of screening would be appropriate. Councilman Kelly stated his concurrence. Councilman Wilson moved to allow the appellant to submit a relocation or screening proposal to the Architectural Review Commission that would mitigate concerns of the City. Councilmember Jackson seconded the motion. Motion caried by unanimous vote. -4- MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CONSIDERATION OF A GENERAL PLAN AMENDMENT TO CHANGE 1 tit LAND USt DtS1C;NA I lON 1-ROM CORE ARIA COMMERCIAL TO HILLSIDE PLANNED RESIDENTIAL AND A CHANGE OF ZONE FROM C-1 (GENERAL COMMERCIAL) TO HPR (HILLSIDE PLANNED RESIDENTIAL) AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR 13.1 ACRES LOCATED ON THE WEST SIDE OF HIGHWAY 111, 200 FEET NORTHWEST OF PAINTERS PATH. Mayor Snyder declared the Public Hearing Open. Mr. Diaz reviewed the staff report and Planning Commission recommendation that would implement direction from the November 1984 election that commercial development be prohibited in the hillside areas of Palm Desert. He reviewed viable alternative uses for the property including the recommended single-family residential use. Mayor Snyder invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request. MR. RICHARD ROEMMER, Attorney for the Hilltop Restaurant and Mrs. Jan Mitchell, owner of the property, inquired about the access road behind the property and improvements required by Caltrans. Mr. Diaz responded that the improvements required for the restaurant by Ca!trans would not be required for residential units. Upon question by Mr. Roemmer, Mr. Diaz responded that the number of residential lots available would be determined by what section of the Hillside Overlay Ordinance under which the applicant chose to develop. Mayor Snyder declared the Public Hearing Closed. Upon motion by Jackson, second by Kelly, Resolution No. 85-26 was adopted and Ordinance No. 425 passed to second reading by a 4-1 vote of the Council with Councilmember Benson voting NO. D. CONSIDERATION OF THE REVOCATION OF A BUSINESS LICENSE FOR COUNTRY CLUB CONSTRUCTION. Mayor Snyder declared the Public Hearing Open. Mr. Altman reported that the holder of this particular license no longer had a valid contractor's license which was a requirement of the licensing process. Mayor Snyder invited input in FAVOR of the revocation, and none was offered. He invited input in OPPOSITION to the revocation, and none was offered. He declared the Public Hearing Closed. Councilman Wilson moved to, by Minute Motion, revoke the business license of Country Club Construction, Account No. 7822, in accordance with the provisions of Section 5.04.160(B) of the Municipal Code. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. E. REQUEST FOR CONSIDERATION BY COVE COMMUNITIES SENIOR ASSOCIATION AND THE FAMILY Y/YOUTH CENTER FOR THE ISSUANCE OF A BINGO PERMIT. Mayor Snyder declared the Public Hearing Open. Mr. Allen reviewed staff's report and recommendation to approve the request. Mayor Snyder invited input in FAVOR of the request. MR. RICHARD KITE, 73-051 Skyward Way, Palm Desert, spoke in favor noting that the room to be used would hold 90-100 people. Games would be held at 6:30 p.m. to 10:00 p.m. each Tuesday. -5- MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing Closed. Councilman Kelly moved to, by Minute Motion, approve the request and direct staff to issue a permit under Section 5.96.020 of the Municipal Code. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 85-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE PALM DESERT REDEVELOPMENT AGENCY TO ISSUE BONDS. Mr. Altman referred to a memo presented to Council and offered to answer questions. Upon motion by Jackson, second by Kelly, Resolution No. 85-27 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 350 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 15.16 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO THE UNIFORM FIRE CODE. Mr. Altman noted that no input had been received since first reading of the ordinance. Upon motion by Wilson, second by Kelly, Ordinance No. 350 was adopted by unanimous vote of the Council. B. 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 noted that no input had been received since first reading of the ordinance. Upon motion by Jackson, second by Benson, Ordinance No. 423 was adopted by unanimous vote of the Council. XI. XII. CONSENT ITEMS HELD OVER N one NEW BUSINESS A. REQUEST FOR EXTENSION OF WORKING HOURS BY MARRIOTT CORPORATION. Mr. Altman noted that this had been discussed at length in Study Session because of concern for Sunday construction work in the City. He recommended that the Council approve from 6 a.m. to dusk Monday through Saturday but not Sunday with staff directed to review noise levels during the month of April and come back in May to see what impact the noise would have on the neighborhood. Councilman Wilson moved to approve construction hours at the Desert Springs Marriott Hotel from 6 a.m. to dusk Monday through Saturday. Councilmember Benson seconded the motion. Motion carried by unanimous vote of the Council. -6- MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-033 FOR tIVGiNttRiNU StrtviCtS t OR STREET WIDENING PROJECTS. Mr. Altman stated that this agreement was for three engineering contracts: Portola, north of Highway 111; Portola, north of the Chaparral Country Club; and Monterey, north of Monterey Country Club. Upon motion by Kelly, second by Jackson, Agreement No. 00-033 with Morse Consulting Group was approved by unanimous vote of the Council. C. REQUEST FOR DIRECTION FOR MEDIAN LANDSCAPING FOR FRED WARING DRIVE, MONTEREY AVENUE, AND MAGNESIA FALLS DRIVE PROJECTS. Councilman Wilson moved to direct staff to continue the landscaping them of grass, palm trees, and flowers on these medians. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. XIQ. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. MODIFICATION TO TELEPHONE SYSTEM. Councilman Wilson moved to approve an expenditure of $1,100 to add three unpublished private lines into the Building Department and an expenditure of $514 to improve the City's night -answering system. Councilmember Jackson seconded the motion. Motion carried by a 3-2 vote with Councilmembers Benson and Kelly voting NO. 2. VOLUNTARY DEDICATION OF RIGHT-OF-WAY. Mr. Altman reported this had been discussed in Study Session and would allow property owners to dedicate right-of-way the City might need but still give them credit for this amount of land when overall density was considered for development. Councilman Wilson moved to direct staff to take whatever steps necessary to implement this policy. Councilmember Benson seconded the motion. Motion carried by unanimous vote of the Council. 3. MORATORIUM ON REMOVAL OF DEVELOPMENT SIGNS. Councilmember Jackson moved to direct staff to allow existing development signs such as those placed by Winterhaven until such time as the directional development sign policy is in effect. Councilman Wilson seconded the motion. Motion carried by unanimous vote. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Snyder asked that everyone note the future meetings listed on the agenda. -7- MINUTES REGULAR CITY COUNCIL MEETING MARCH 28, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Upon motion by Wilson, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the City Council meeting at 8:52 p.m. ATTEST: SHEILA R. GIAN, CITY CLERK CITY OF PALM DESERT, C. LIFORNIA WAL ER H. SNYDER, MAYO -8-