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HomeMy WebLinkAbout1985-09-26MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 CIVIC CENTER COUNCIL CHAMBER • • • a • • * * • • * • * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly [II. INVOCATION - Father Ned Reidy, Sacred Heart Church IV. ROLL CALL Present: Councilmember Jean M.Benson Councilmember Phyllis Jackson Mayor Pro-Tem 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 Kirby Warner, Director of General Services Richard J. Folkers, Director of Public Works Warren Diven, Counsel for Assessment District 83-1 V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENTS to the Architectural Review Commission. With Council concurrence, Mayor Snyder continued consider- ation of this item to the meeting of October 10, 1985, to allow additional time for applicants to file. B. CONSIDERATION OF APPOINTMENTS to the Advertising S Promotion' Committee. Mayor Snyder commended the A & P Committee for the hard work put forth in screening all applications and inter- viewing prospective members so that these recommendations could be made. Councilman Wilson moved to, by Minute Motion, appoint Mr. Joe Gibbs, Mr. Alex Yaron, Ms. Mel Hill, Ms. Patty Clark, and Ms. Barbara Mott for a term of three years. Councilmember Jackson seconded the motion. Motion carried by unanimous vote. MINUTES REGULAR CITY COUNCIL MEETING • • • • • • • • • • SEPTEMBER 26, 1985 • • a • • • • • • • • • • • • C. PRESENTATION OF APPRECIATION PLAQUES to Mr. Larry Spicer, Mr. Jim McLaughlin, Mr. Ken Hinkle, and Mr. Don McNeilly, outgoing members of the A & P Committee. Mayor Snyder stated that the outgoing members of the A 8 P Committee being honored and thanked at this meeting had served as charter members and had worked hard in esta- blishing the role of this very important group. He noted they were also very responsible for its success. He presented Mr. Larry Spicer and Mr. Ken Hinkle with a City Plaque of Appreciation for their efforts, noting that Mr. James McLaughLin was unable to attend because of a recent illness and that Don McNeilly had called with regrets. D. PROCLAMATION Declaring the Week of October 6-12, 1985, as Fire Prevention Week in the City of Palm Desert. Mayor Snyder read the proclamation, commended our local fire protection employees for their good work, and said that the proclamation would be displayed in the Civic Center lobby area. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 13, 1985, and the Adjourned Meeting of September 19, 1985. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-028, 86-032, and 86-033. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Evelyn Barnes and Carol Jean Byron Goodman for A TISKET-A-TASKET, 73-510 Alessandro Drive, Palm Desert. Rec: Receive and file. D. REQUEST FOR ACCEPTANCE.OF WORK on Contract No. 1085, Senior Center Street Improvements. Rec: By Minute Motion, accept the work for Contract No. 1085 as complete and authorize the City Clerk to file a Notice of Completion. E. REQUEST FOR CONTRACT AMENDMENT by Davis 8 Associates to Reflect a New Company Name of Queen Beach Printers, Inc. of Long Beach. Rec: By Minute Motion, approve the amendment. 2 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • F. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. 1057 and Additional Appropriation for the Town Center Fire Station Project. Rec: By Minute Motion: (1) Approve Contract No. 1057 Change Order No. 2 in the amount of $ l , 619 to the contract for completion of the Town Center Fire Station; and (2) Authorize the appropria- tion of $3,900 to fund Change Order No. 2 and provide funds for the installation of exterior signs. G. REQUEST FOR APPROVAL of Contract No. 1095 Change Order No. 2 to the Engineering Contract for Assessment District 83-1. Rec: By Minute Motion, approve Change Order No. 2 to Contract No. 1095/Kicak Engineering Services Contract for Assessment District 83-1 in the amount of $31,713.30. Mrs. Gilligan noted that Item F on the Consent Calendar had been placed on the City Council in error as it required Redevelopment Agency approval. Upon motion by Benson, second by Kelly, the Consent Calendar was approved as presented with the exception of Item "F" by unanimous vote of the Council. Item "F" was moved to the Agency agenda. VII. ORAL COMMUNICATIONS - A MR. BILL HOWLETT, Palm Springs, addressed Council on behalf of the Vacation Inn Hotel. He stated he had been informed in writing that his appeal of an Architectural Review Commission decision would be on this agenda and he did not see i t . He said that he and several of his associates had driven from San Diego to present their case and asked if it could be con- sidered. He stated that it dealt with a sign approval wherein the Commission was requiring they share a monument sign with the adjacent hotel, and this signage was not satisfactory to them. Mr. Diaz responded that the matter was related to Municipal Code requirements and he did not know who had notified them that it was an agenda item because staff at this time was not prepared to make a report or recommendation. He asked that staff be directed to do so for a future meeting. MR. GARY EATSON, owner of the Vacation Inn, stated he had received a letter from the City stating they were on this agenda and thus they had driven from San Diego. Mayor Snyder responded that If in fact there had been an erroneous notifica- tion, an apology was certainly extended. MR. ROLPH SCHELLENBERGER, Desert Resort Communities Convention 8 Visitor Bureau, addressed Council in support of its approval of the Vacation Inn's request for signage as his organization felt it was in the best interest of the City to do so. 3 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 1985 • • • • • • • • • • • • • • • • • • ■ • • • • • • Upon motion by Snyder, second by Jackson, staff was directed to investigate both the erroneous notification and the appeal for report and recommendation to Council at a future meeting by unanimous vote of the Council. VIII. PUBLIC HEARINGS A. CONSIDERATION OF A CHANGE OF ZONE IMPLEMENTING THE PALMA ._ VILLAGE SPECIFIC PLAN FOR THE AREA GENERALLY BOUNDED BY FRED WARING DRIVE, CATALINA WAY, SAN PABLO AVENUE, AND PORTOLA AVENUE. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman stated Council had reviewed this In detail with Ray Diaz and Phil Drell and offered to answer any further questions. Mayor Snyderinvited input In FAVOR of the request: MR. RICHARD WOOD, Acacia Street, Palm Desert, spoke as owner of property on Santa Rosa and supported the proposal and senior housing especially so near the Senior Center. MR. TOM BRANICK, 44-160 Santa Rosa, supported the request and stated he was the owner of property in that area. If the zone change was approved and this type of building occurred, he stated he would be very wi 1 1 ing to spend money to upgrade his property. MS. BEA STEWART, 44-476 San Rafael, spoke in support and asked how high one story would be. Mr. Diaz responded 18'. Mayor Snyder Invited testimony in OPPOSITION to the request: MS. MARCIA JENKINS opposed it only if it were to be higher than 18'. With no further testimony offered, Mayor Snyder declared the P_Iblic Hearing closed. Upon motion by Jackson, second by Kelly, Ordinance No. 437 amended to add S.P. overlay to 5 lots on the east side of San Rafael which back onto R-1 lots was passed to second reading by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 85-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FOR SAN PABLO PARK. Mr. Altman reported that this was an application for park' --- grant monies in the amount of $7,355 and that the Commun- ity Services Department, especially Phil Joy, was now responsible for the City's receiving $215,000 In this type of funding. 4 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 1985 • • • • • * • • • • • • • • • • • • • • • • • • • Upon motion by Kelly, second by Wilson, Resolution No. 85-102 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: A. 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 this ordinance would allow individuals to be owner/builders in residential construc- tion with special conditions. He recommended Council's approval of same. Upon motion by Wilson, second by Jackson, Ordinance No. 438 was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 430 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-6, S.P. TO P.C.(3). CASE NO. C/Z 85-2. Mr. Altman reported that no additional input had been received since first reading of this ordinance. Upon motion by Benson, second by Jackson, Ordinance No. 430 was adopted by unanimous vote of the City Council. B. ORDINANCE NO. 432 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT RELATING TO HEIGHT LIMITATIONS IN THE R-2 AND R-3 ZONES. CASE NO. ZOA 85-5. Mr. Altman recommended adoption of this ordinance as no additional input had been received since its first reading. Upon motion by Jackson, second by Kelly, Ordinance No. 432, amended to add the words "building heights shall be limited to one story, maximum 18'," to both Sections 25.18.100 and 25.20.110 by unanimous vote of the City Council. C. 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. Mr. Diaz reported that this item had received considerable discussion in Study Session. It was staff's recommen- dation that the proposed ordinance be amended to provide a minimum unit size of between 420 and 450 sq. ft. with a minimum of 320 sq. ft. of open living area exclusive of bathrooms, hallways, and storage; that each unit contain complete kitchen facilities, and provision to encourage well -designed, independent living housing rather than projects requiring mandatory participation in a three meal per day food program by requiring that meal plans be optional. 5 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 1985 • • • • • • • • • • • • • • • • • • • • • • * • • Councilmember Benson stated that since the last meeting, she had visited senior housing developments as far away as Fuller- ton. She stated that the Sunrise Royale development In Palm Springs had been built under high -density hotel zoning which was much different than our zoning. The senior development in Rancho Mirage was being built on land designated as institu- tional zoning. She said it was her understanding of the Palma Village Specific Plan that it would encourage higher density for senior housing to be built so seniors could afford it. She felt that the seniors in our area, those the Council was responsible to, did not want housing with meals but housing to live in and that this ordinance needed more study. She suggested a meeting with Senior Center Executive Director Van Cadenhead, who has a degree in Geriantology, before the City started putting this type of housing in with other types of senior housing. Councilman Wilson stated he felt the proposed amendments would eliminate the problems inasmuch as it now mandated kitchens and larger living quarters. Councilmember Jackson stated she felt that the 320 sq. ft. was adequate and would be willing to go along with the proposed amendment. Councilman Kelly stated he had a problem with the originally proposed 320 sq. ft. and liked the amendment. However, he had just seen the proposal to require kitchens for each unit, and he wasn't convinced either way at this point. With Council concurrence, MR. ROBERT RICCIARDI, architect for the project, was allowed to address the issue in support of the lower size units and optional kitchens. He stated the developer should have 25-30% leeway in size. He said that our country has found itself in a "mess" because of its thinking that bigger is better. He said that when it came to "congre- gate housing", HUD had rules that said they must provide meals in this type of facility because seniors on their own just don't eat. Having a recreation facility is also mandatory under HUD as getting them out and about is as important to their healthy, happy existence as is feeding them wi?11. He concluded by stating that this zoning had already received ample study and urged Council's approval of it as originally presented. Councilmember Jackson said she felt that Mr. Cadenhead of the Senior Center had already been consulted and his recommenda- tions included in the proposed amendment. She was, therefore, willing to take action at this meeting. Councilman Wilson stated that after listening to Mr. Ricciar- d i ' s presentation, he had more questions than before such as what HUD did require, what could the City legally require, and what is a "minimal kitchen"? He felt Council should visit some facilities to see actual sizes, find a 320 and 400 sq. ft. room and visually see how big it is so we can concep- tualize what we are constructing. MR. STARR, developer of the project, addressed Council stating he was already behind schedule and encouraging them to take 6 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • action as soon as possible. He said he would be available for answers at any time convenient for Council. Councilman Wilson moved to continue the item to the meeting of October 10, 1985, with instruction to staff to research for answers to the specific questions raised and to make arrangements for Council to see different size rooms. Councilmember Benson seconded the motion which carried by unanimous vote of the Council. D. 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. Mr. Altman recommended continuance of this item as it was related to the previous one discussed and required its approval first. Upon motion by Kelly, second by Wilson, Ordinance No. 434 was continued to the meeting of October 10, 1985, by unanimous vote of the Council. E. ORDINANCE NO. 435 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM R-2 AND R-3 TO R-3 5.0. , FOR THE BLOCK GENERALLY BOUNDED BY SAN PABLO AVENUE, SAN RAPHAEL AVENUE, CATALINA WAY, AND SAN GORGONIO WAY. CASE NO. C/Z 84-19. Mr. Altman recommended adoption of this ordinance as no additional input had been received since its first reading. Councilman Wilson, at the request of a member of the audience, asked that the spelling of San Raphael be corrected to San Rafael. Upon motion by Jackson, second by Kelly, Ordinance No. 435 was adopted by unanimous vote of the Council. F. ORDINANCE N0. 436 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.28 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO THE PAYMENT OF SALARIES TO COUNCILMEN BY PROVIDING FOR AN INCREASE UNDER GOVERNMENT CODE SECTION 36516.2. Mr. Altman recommended adoption of this ordinance as no additional input had been received since its first reading. Upon motion by Kelly, second by Jackson, Ordinance No. 436 was adopted by a 4-1 vote with Councilman Wilson voting NO for the reasons he stated in Study Session. XI. CONSENT ITEMS HELD OVER None 7 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 1985 • • * • • • • * • • • • a • • • • • • • • • • • • XII. NEW BUSINESS A. CONSIDERATION OF A REQUEST FROM MEMBERS OF THE PALM DESERT PLANNING COMMISSION FOR COMPENSATION. Councilman Kelly moved to waive further reading and pass Ordinance No. 439 to second reading and to adopt Resolution No. 85-103, setting said salaries. Councilmember Jackson seconded the motion, and motion carried by a 4-1 vote with Councilman Wilson voting NO for the reasons he stated in Study Session. B. REQUEST FOR FUNDING FOR POTHOLING ON PORTOLA AVENUE STORM DRAIN PROJECT (CONTRACT NO. 1082). Councilmember Jackson moved to, by Minute Motion, provide an additional $60,000 to the Boyle Engineering Corporation contract for necessary potholing work on the subject project. Councilmember Benson seconded the motion which carried by unanimous vote. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B MR. TIM JOHNSON, 43-701 Portola Avenue, Palm Desert, addressed Council about the potholes on Portola between Highway 111 and Fred Waring and the threat they posed to cyclists at night. Public Works was instructed to investigate. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. HAYSTACK CHANNEL LANDSCAPING F. MAINTENANCE DISTRICT. Mr. Altman reported that a citizen advisory committee had met and was addressing the issues involved. He noted that the committee had suggested the City look into the same type landscaping as seen in places like Phoenix and Sun City, Arizona. He requested a minute motion authorizing four to five people to visit this area, video tape what is seen, and bring it back for report and recommendation. Councilman Wilson so moved, requesting that members of the City Council, Public Works, Community Services, and 2000 Committee be repre- sented in the group. Councilman Kelly seconded the motion which carried by unanimous vote. 2. WAIVER OF CONDITIONS OF APPROVAL FOR THE PALM DESERT ATHLETIC CLUB. Mr. Altman stated this item had been discussed in Study Session and offered to answer questions. Councilman Wilson moved to, by Minute Motion, approve the appli- cant's request for waiver of the Condition of Approval regarding con- 8 .—J MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 1985 . . . . . . * * . . . * . . . . . . . . . . . . . struction of curb and gutter, conditional upon the execution of a Future Improvement Agreement for the improvements not to exceed two years. Counciimember Benson seconded the motion; motion carried by unanimous vote of the Council. 3. STREET CLOSURE AND SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC RIGHT-OF-WAY. Mr. Altman stated this was at the request of Palm Desert National Bank for its annual Golf Cart Parade. The City Attorney had reviewed it and found no problem in its authorization. Councilman Kelly moved to, by Minute Motion, approve the request for a street closure and sale and consumption of alcoholic beverages in the public right-of-way on Chicory Street between Portola Avenue and Lantana Avenue. Councllmember Benson seconded the motion; motion carried by unanimous vote of the Council. 4. REQUEST BY DESERT YOUTH SPORTS ASSOCIATION FOR SPONSOR SIGNAGE AT THE SPORTS COMPLEX. Mr. Altman reported this had been discussed at Study Session and recommended approval. Councilman Wilson moved to, by Minute Motion, approve the request with the condition that the permit be subject to staff's approval of design and that signs only be put up and taken down for sporting events. Councilman Kelly seconded the motion; motion carried by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Counciimember Benson suggested the senior housing issue be a topic of discussion with the Planning Commission at the joint meeting on October 4, 1985. Council concurred and staff was so directed to place it on the agenda. Councllmember Benson noted she had received letters from the League and asked if they were being answered. Mayor Snyder responded that any letter requiring a response received one generally from him. Mayor Snyder asked that everyone note the future meetings listed on the agenda and attend those of Interest. 9 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 26, 1985 * It * * * * * * * * if * * * * * * * * * * * * * * XVII. ADJOURNMENT Upon motion by Wilson, second by Kelly and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 8:17 p.m. ATTEST: Alirt,/ ) SHEILA R. GIL'CIGAN, CI CLERK CITY OF PALM DESERT, _ LIFORNIA 10 WALTER H. SNYDE