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HomeMy WebLinkAbout1985-10-10* * * * * . * • MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 10, 1985 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * . * . * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Jean M.Benson Mayor Pro-Tem Richard S. Kelly Councilman 5. Roy Wilson Mayor Walter H. Snyder Also Present: Councilmember Phyllis Jackson Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Richard J. Folkers, Director of Public Works Mac Brown, Counsel for Assessment District 84-1 V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENTS to the Architectural Review Commission to Fill Vacancies of Expired Terms of Richard Holden and Bernard Leung. Councilman Kelly moved to continued the item to the meeting of October 10, 1985, and to direct staff to present Council with a copy of the ordinance establishing the commission as well as an attendance record of members since 1983. Councilmember Benson seconded the motion; motion carried by unanimous vote. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 26, 1985. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 86-034. Rec: Approve as presented. C. CLAIM AGAINST THE CITY by Bechtel Civic & Minerals, Inc. for a Non -Specific Amount of Contribution in the Matter of Mission National Insurance Company v. Coachella Valley Water District, et al. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 10, 1985 . . . . . . . . . . . . . . * . . . . . . . . . . D. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT for the Month of August, 1985. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jacques Stamaton for Original Mesquites, 73-030 El Paseo, Palm Desert, California. Rec: Receive and file. F. SCHEDULE OF INVESTMENTS as of August 31, 1985. Rec: Receive and file. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1052 - Fred Waring Drive/Monterey Avenue Street Widening and Storm Drain. (Massey Sand 8 Rock Company) Rec: By Minute Motion, accept the work for Contract 1052 as complete and authorize the City Clerk to file a Notice of Completion. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1073 Portola Avenue Culvert. (J.D. Stein Company) Rec: By Minute Motion, accept the work for Contract 1073 as complete and authorize the City Clerk to file a Notice of Completion. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1093 - 1984-85 Street Slurry Sealing Project. Rec: By Minute Motion, accept the work for Contract 1093 as complete and authorize the City Clerk to file a Notice of Completion. J. REQUEST FOR APPROVAL of Agreements with Bank of America to Act as Paying, Registrar and Transfer Agent in Assess- ment District Nos. 83-1 and 84-1 Transactions. Rec: By Minute Motion, authorize the Mayor to execute Paying Agent Agreements for Assessment District Nos. 83-1 and 84-1 with Bank of America. K. REQUEST FOR APPROVAL of Four -Way Stop Sign at Fred Waring Drive and Deep Canyon Road Intersection. Rec: By Minute Motion, authorize the installation of a four-way stop at said intersection. L. RESOLUTION N0. 85-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROPRIATING FUNDS FOR DESIGN SERVICES ON A STANDBY GENERATOR SYSTEM. Rec: Waive further reading and adopt. M. REQUEST FOR APPROVAL OF CHANGE ORDER 5 TO CONTRACT 1052 - ENGINEERING SERVICES FOR FRED WARING DRIVE/- MONTEREY AVENUE PROJECT. Rec: By Minute Motion, approve Change order No. 5 to the subject engineering services contract in the amount of $30,444.76 and authorize the MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 10, 1985 appropriation of funds in this amount to provide funds for the change order. N. REQUEST FOR AWARD OF CONTRACT 1096 for Traffic Signals on El Paseo at San Pablo Avenue and San Luis Rey Avenue. Rec: By Minute Motion, award Contract No. 1096 to Steiney Company in the amount of $154,000 and authorize a ten percent contingency for the contract in the amount of $15,400. Upon motion by Kelly, second by Wilson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A Deputy Sue Kilday, Crime Prevention Officer of the Palm Desert Police Department, addressed Council and thanked them for approving funding for members of the Police Advisory Commit- tee's attendance at the recent Neighborhood Watch Seminar. She said that the Committee had met once since the seminar and unanimously agreed to make community disaster preparedness, with emphasis on education, a number one priority. She said this will be called CAN (Community Action Network). Mayor Snyder thanked Deputy Kilday for the excellent job she was doing for the City especially as it related to the Neigh- borhood Watch and Merchant Watch Programs. VIII. PUBLIC HEARINGS A. CONSIDERATION OF VARIOUS ACTIONS REQUIRED IN ASSESSMENT DISTRICT 84-1 PROCEEDINGS (Continued from the Meeting of September 12, 1985). Mr. Altman reported that this item had been discussed at length in Study Session and that legal counsel had recommended the Council adopt Resolution Nos. 85-105 and 85-110 and to continue consideration of the others until the meeting of October 10th. Mac Brown, legal counsel for District 84-1, noted that the district had been formed by the Council at its meeting of September 26th but had continued eminent domain proceedings to allow staff time to further nego- tiate property acquisition. He recommended Council action on recommendations 1 and 6 of the agenda with continuance of the others. Mayor Snyder invited testimony in FAVOR or OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Upon motion by Kelly, second by Wilson, Resolution Nos. 85-105 and 85-110 were adopted by unanimous vote of the Council. Upon motion by Kelly, second by Benson, Resolution Nos. 85-106, 85-107, 85-108, and 85-109 were continued for consideration at the meeting of October 24, 1985, by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF A CHANGE OF ZONE FROM R-2 TO O.P. S.P. OFFICE PROFESSIONAL, SCENIC PRESERVATION OVERLAY) FOR 9 LOTS ON THE WEST SIDE OF MONTEREY AVENUE, SOUTH OF FRED WARING DRIVE. (Continued from the Meeting of September 12, 1985.) 3 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 10, 1985 * * * * . * * * * . * . * * * * * * * * * * * . . Mayor Snyder stated that the Public Hearing was continued and therefore still open and asked for staff's report. Mr. Diaz reported that the subcommittee appointed to review this zoning issue had met and made specific recommendations which would now need to go back to the Planning Commission for review and action. He recommended continuance to the adjourned meeting of December 5th. Upon question by Councilman Wilson, he responded that the Housley and Holden projects would be allowed to proceed as they were consistent with the guidelines established by the subcommittee. Mayor Snyder invited testimony in FAVOR of or in OPPOSITION to the request, and none was offered. Upon motion by Wilson, second by Benson, the item was continued for consideration at the adjourned meeting of December 5, 1985, by unanimous vote. C. CONSIDERATION OF A VACATION OF STREET RIGHT-OF-WAY ON DEEP CANYON ROAD. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Folkers reported that the vacation causes no problem to the City and that approval would give the right-of-way that was not needed by the City back to the property owner. He concluded by stating that the vacation was in the best interest of the City and recommended Council's adoption of Resolution No. 85-111. Mayor Snyder invited testimony in FAVOR of or in OPPOSITION to the vacation, and none was offered. He declared the Public Hearing closed. Upon motion by Benson, second by Wilson, Resolution No. 85-111 was adopted by unanimous vote of the Council. D. CONSIDERATION OF A STREET NAME CHANGE FOR EL PASEO BETWEEN HIGHWAY 111 AND FRED WARING DRIVE. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman reported that this request had been initiated by the commercial subcommittee of the 2000 Committee and that staff had received no negative response to the change. Mayor Snyder invited testimony in FAVOR of or in OPPOSITION to the name change, and none was offered. He declared the Public Hearing closed. Upon motion by Benson, second by Kelly, Resolution No. 85-112 was adopted by unanimous vote of the Council. 4 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 10, 1985 IX. RESOLUTIONS None X. ORDINANCES For Introduction: A. ORDINANCE NO. 440 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.36.010 OF THE MUNICIPAL CODE RELATIVE TO FEES FOR SUBDIVISION PROCESSING. Mr. Altman reported that Council had been briefed on this item in Study Session. It basically brought the City's fees for subdivisions that had been charged administra- tively in the past into conformation with law. Upon motion by Kelly, second by Wilson, Ordinance No. 440 was passed to second reading by unanimous vote. For Adoption: A. ORDINANCE NO. 433 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT CREATING THE SENIOR HOUSING OVERLAY ZONE. CASE NO. ZOA 85-3. (Continued from the Meeting of September 26, 1985.) Mr. Diaz reported that as a result of comments made during the last City Council meeting and during the joint meeting of the Planning Commission and City Council, staff recommended that the ordinance be revised to include the following provisions: 1. Make all uses conditional. 2. Establish limit of 500 "congregate care" units to be constructed in the City of Palm Desert over the next five years. 3. Increase studio minimum size from 320 sq. ft. to 360 sq. ft. 4. Require full kitchens including two burners, oven, refrigerator/freezer, sink, counter space and storage. Mr. Diaz added that as a result of further discussion in Study Session, staff recommended the following additional revisions to Exhibit "A" of the proposed ordinance. C. Last paragraph - amend to read that the Planning Commission and the Architectural Review Commission shall pay special attention to second story windows facing the rear yards of R-1 properties to insure privacy. The additions of the following sections: H. Unless approved by the City Council, a project approved under this section must be used for senior citizen housing. I. The applicant shall as a condition of approval submit a maintenance agreement to insure exterior 5 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 10, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * maintenance for a period of time satisfactory to the City of Palm Desert. City Attorney Dave Erwin advised that these modifications were major in nature and would require the ordinance to pass a first reading again. Upon motion by Wilson, second by Kelly, Ordinance No. 433 as amended was passed to second reading by unanimous vote of the Council. B. ORDINANCE NO. 434 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE ADDING THE SENIOR HOUSING OVERLAY TO THE EXISTING R-1 DESIGNATION FOR 10.36 ACRES LOCATED ON THE EAST SIDE OF MONTEREY AVENUE, 600 FEET NORTH OF SAN GORGONIO WAY. CASE NO. C/Z 85-4. (Continued from the Meeting of September 26, 1985.) Mr. Altman reported that while this project would be impacted by action on the previous ordinance, Council could move forward with adoption of it as the guidelines of Ordinance No. 433 would ultimately govern this. By adopting it tonight, the applicant would be allowed to move forward with his plans and financing. Upon motion by Kelly, second by Wilson, Ordinance No. 434 was adopted by unanimous vote. C. ORDINANCE NO. 437 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE IMPLEMENTING THE PALMA VILLAGE SPECIFIC PLAN IN THE AREA GENERALLY BOUNDED BY FRED WARING DRIVE, CATALINA WAY, SAN PABLO AVENUE AND PORTOLA AVENUE. CASE NO. C/Z 85-7. Mr. Altman reported that no further input had been received since first reading of this ordinance and recommended adoption. Upon motion by Kelly, second by Benson, Ordinance No. 437 was adopted by unanimous vote of the Council. D. ORDINANCE NO. 438 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 15.24.100 OF CHAPTER 15.24 ENTITLED "SPECIAL OWNERS PERMIT". Mr. Altman reported that no further input had been received since first reading of this ordinance and recommended adoption. Upon motion by Wilson, second by Kelly, Ordinance No. 438 was adopted by unanimous vote of the Council. E. ORDINANCE NO. 439 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.20 OF THE CODE OF THE CITY OF PALM DESERT ESTABLISHING COMPENSATION FOR MEMBERS OF THE PLANNING COMMISSION. Mr. Altman reported that no further input had been received since first reading of this ordinance and recommended adoption. - Upon motion by Kelly, second by Benson, Ordinance No. 439 was adopted by a 3-1 vote with Councilman Wilson voting NO for reasons 6 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 10, 1985 • • • • • • * • • • • • • • • • • • • • • • • • • stated in the Study Session of the previous meeting. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - 8 None XVI. REPORTS AND REMARKS A. CITY MANAGER Mr. Altman reported that in order for the City to receive the grant monies for bikeways, it must move forward in a timely fashion with the construction schedule of same. He recommended Council approve an award of contract to Joseph Cicchini for engineering of the San Pablo bikeway and authorize an expenditure of $750 for same. Councilman Wilson so moved and Councilmember Benson 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. XVII. ADJOURNMENT Upon motion by Wilson, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 8:25 p.m. ATTEST: / '/ SHEILA R. G. LIGAN, CIT CLERK CITY OF PALM DESERT, LIFORNIA GL tom• WA TER H. SNYDER, AYOR 7