Loading...
HomeMy WebLinkAbout1980-11-13MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 13, 1980 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the Palm Desert City Council to order at 7:07 p.m. on Thursday, November 13, 1980, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tem James E. McPherson III. INVOCATION - Mayor S. Roy Wilson IV. ROLL CALL Present: Mayor Pro-Tem James E. McPherson Councilman Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Paul E. Byers, Director of Finance Stan Sawa, Associate Planner Barry McClellan, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MEMBERS TO THE STREET LANDSCAPING COMMITTEE. Mayor Wilson stated that with Council's concurrence, the fol- lowing individuals were appointed to the Street Landscaping Com- mittee: Jean Michael, Henrietta Wilhelmi, Joan Sharman, Margaret Potts, Tad Fessenden, Bea Bond, Vivian Crisman, Marion Henderson, Henry Hoyle, Ralph Wood, Howard Torongo, Jim Sigler, and Bette Myers. Councilman Alexis Newbrander will serve as Council liaison. He thanked all of the individuals who had applied for their willing- ness to assist in this endeavor. B. CREATION OF MERCHANTS DEDICATION COMMITTEE AND APPOINTMENT OF MEMBERS THERETO. Mayor Wilson stated that the Council had discussed and agreed that it would be a good idea to name and dedicate the parking lots now being reconstructed between Highway 111 and El Paseo. Several merchants have come up with the idea and would like to plan a dedication ceremony. Thus, Council agreed to the formation of a committee to plan this. Mayor Wilson stated that with Council's concurrence, the following individuals were appointed to the Merchants' Dedication Committee: Dan Fleming, Henry Stokes, John Buys, Ralph Bodon, Jean Garland, James McLaughlin, Patty Cowden, Gertrude Keedy, Harry Hoyt, and Al Stutz. He stated that he would act as Council liaison to the committee. C. AWARD OF FIVE-YEAR SERVICE PIN TO MS. CHARMIAN IWEN. Mayor Wilson stated that it was with mixed emotions that he and the Council presented Ms. Iwen with her service pin in NnvPmhPV 11 1 QRf MINUTES REGULAR CITY COUNCIL MEETING * :'c :'c * * * * :; * * * * * * * * :: * * * * * * * * * * * * * * :: * .. * * * V. AWARDS, PRESENTATIONS, AND APPOINTMENTS (Continued) C. (Continued) that she was terminating her employment with the City to take a new position in Juneau, Alaska. He commended her for her performance with the City of Palm Desert and wished her much success in her new endeavor. Ms. Iwen thanked the Council and expressed her appreciation to them and the entire City staff for what she felt had been a very rewarding and heart-warming 5 years. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 23, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 81-042, 81-043, and 81-044. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE For BOB'S CLAM SHACK, 74-360 Palm Desert Drive, Palm Desert, California. Rec: Receive and file. D. LETTER FROM CLIFF SHINN, Attorney at Law, Relative To Parking Lot Drainage, South of 73-941 Highway 111, Palm Desert, Ca. Rec: Refer to the City Manager for investigation. E. RESOLUTION OF THE CITY OF ADELANTO, Supporting Legalized Las Vegas -Style Gambling in California. Rec: Receive and file. F. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION Meeting of October 9, 1980. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE For MILTON'S, 73-030 El Paseo, Palm Desert, California. Rec: Receive and file. H. RESOLUTION NO. 80-131 - 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 ENVIRONMENTAL SERVICES THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. I. REQUEST FOR APPROVAL OF FINAL PARCEL MAP NO. 15723, ERNEST W. HAHN COMPANY, APPLICANT. Rec: Waive further reading and adopt Resolution No. 80-132, approving Final Parcel Map 15723. J. SUBMISSION OF FINAL AUDITED FINANCIAL STATEMENTS FOR YEAR ENDED JUNE 30, 1980. Rec: Receive and file. Councilman McPherson moved and Councilman Snyder seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. ORAL COMMUNICATIONS - A None November 13, 1980 Page 2 MINUTES REGULAR CITY COUNCIL . .:TING * ik iC n * * :'C :: s.'' �,'� :'c * * ik n :'t n 3: n iF :'c * n * ;: :: * n :t VIII. PUBLIC HEARINGS A. CASE NO. C/Z 02-80, CUP 12-80 AND 210 MF, WATT INDUSTRIES/PALM SPRINGS, INC., APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-7, S.P. TO R-2 (6), S.P. OR OTHER ZONE DEEMED APPROPRIATE AND A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 128 SINGLE-FAMILY UNITS AND ASSOCIATED RECREATIONAL AMENITIES ON 18.72 ACRES LOCATED AT THE NORTHEAST INTERSECTION OF 44TH AVENUE AND THE PALM VALLEY STORM CHANNEL. Mayor Wilson declared the Public Hearing open and called on Staff for their report. Mr. Stan Sawa reviewed the Staff Report stating that the Planning Commission had reviewed and approved the request at their meeting of October 15th. He concluded by stating that it was Staff's recommendation that the request be approved by passing Ordinance No. 235 to second reading. Mayor Wilson invited input from the applicant. Ms. Betty Williams, 73-160 El Paseo, Council on behalf of Watt Industries currence with Staff's recommendation. felt this project would be needed in people coming to Palm Desert to work Palm Desert, addressed and stated their con - She stated that they view of the number of in the Hahn Center. Upon question by Councilman Puluqi, Ms. Williams responded that affordable housing in this development meant between $103,000 and $113,000. Mayor Wilson invited input in FAVOR of the project, and none was offered. He invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman Snyder stated that the City has so many condominiums now that it was nice to see some individual homes coming about. He said that while condominiums do create 50% open space, this project had acquired a good deal of open space and still kept the single-family philosophy with individuals taking care of their own. Councilman Snyder moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 235 to second reading. Motion carried unanimously. B. CASE NO. TT 13581, CHACAHUALA, LTD., AND WILLDAN ASSOCIATES, APPLICANTS: CONSIDERATION OF A REQUEST FOR APPROVAL OF AN AMENDMENT ADDING SIX (6) MONTHS TO AN APPROVED 12-MONTH TIME EXTENSION FOR A 118-LOT SUBDIVISION TO PROVIDE 117 RESIDENTIAL CONDOMINIUM LOTS AND ONE LOT FOR COMMON PURPOSES ON APPROXI- MATELY 39 ACRES WITHIN THE PR-3 ZONE SITUATED SOUTH OF HOME- STEAD ROAD, BETWEEN ALAMO DRIVE AND ARROW TRAIL. Mayor Wilson declared the Public Hearing open and called on Staff for their report. Mr. Sawa reported that this project had originally been granted a one-year extension of time on September 27, 1980. The applicant states that additional time is necessary to allow for resolution of problems relating to the City's Flood Ordinance. Staff recommended approval with the addition of conditions for drainage fees, design review, and the new development plan. Mayor Wilson invited input from the applicant: Mr. Gene Scotthorn, 127 Second Street, Los Altos, addressed Council on behalf of the applicant and stated the concurrence with the recommendations made by staff. November 13, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * n is * * is * * * * * * * is * X * * * * * * * ** VIII. PUBLIC HEARINGS (Continued) B. (Continued) Mayor Wilson 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. Councilman McPherson moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-133. Motion carried unanimously. IX. RESOLUTIONS None X. ORDINANCES For Introduction: A. ORDINANCE NO. 233 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING ORDINANCE NO. 220, CHAPTER 6.04 AND 6.08, RELATING TO ANIMAL CONTACT AND ANIMALS RUNNING AT LARGE. Mr. Bouman reported that the City Attorney was still waiting for material from the County of Riverside and that this item should therefore be continued indefinitely. Councilman McPherson moved and Councilman Newbrander seconded to continue the item until such time as the material is ready. Motion carried unanimously. For Adoption- A. ORDINANCE NO. 234 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE DISPLAY OF DRUG PARAPHERNALIA AND PROHIBITING THE SALE THEREOF TO MINORS. Mr. Bouman reported that this was the second reading of the ordinance and that no further input had been received since its first reading. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 234. Motion carried unani- mously. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT BETWEEN CITY AND INDEPENDENT CONTRACTOR FOR ENGINEERING SERVICES. Mr. Bouman reported that this was a request to amend an existing contract with Mr. Leif V. Gustafson who pro- vides hydrology expertise and other engineering assistance to the City's Public Works Department. The amendment would increase his hourly rate from $17.00 to $20.00 per hour. Councilman Snyder moved and Councilman McPherson seconded to approve the agreement between the City of Palm Desert and Leif V. Gustafson, Independent Engineering Contractor. Motion carried unanimously. B. REQUEST FOR APPROVAL OF PROPOSED BLOOD PRESSURE PROGRAM/SENIOR CITIZEN QUESTIONNAIRE. Mr. Bouman reported that this suggestion came from the Parks & Recreation Commission. It is a request that the City support a blood pressure testing program and assume the costs of $50 1 November 13, 1980 Page 4 MINUTES REGULAR CITY COUNCIL imETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. NEW BUSINESS (Continued) B. (Continued) for printing of the questionnaire asking senior citizens what they would like to see the City do in the way of recreational activities. Mayor Wilson pointed out that Mrs. Frieda Zuckerman and Mr. Frederick Thon, initiators of the program, were in the audience. Councilman Puluqi moved and Councilman Snyder seconded to waive further reading and adopt Resolution No. 80-134. Motion carried unanimously. XIII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF JOINT POWERS AGREEMENT, SECOND AMENDMENT, FOR PERFORMANCE OF SERVICES FOR REGULATION AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS. (Continued from Council Meetings of October 9th and October 23rd.) Mr. Bouman reported that this request should be considered at the same time as the ordinance that was continued earlier in the Agenda and thus recommended continuance. Councilman McPherson moved and Councilman Newbrander seconded to continue the matter indefinitely. Motion carried unanimously. XIV. OLD BUSINESS A. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY HOUSING AUTHORITY. Mr. Bouman stated that this agreement had been brought to the Council on October 14th, and Council had expressed two areas of major concern -- conflict of payment in lieu of taxes and whether special assessments could be paid to the City. The second concern was what control, if any, the City would have over approval of the project. The first question has been answered by County Counsel who stated that payments in lieu of taxes could be paid to the City of Palm Desert for special assessments even though the City would not receive any general tax payment in lieu of taxes since it does not levy any. With regard to the second concern dealing with City controls, a condition has been added to the agreement stating: "All projects shall be subject to all zoning, building permits, use permits, public hearings, and review procedures that apply to any similar development in the municipality." Councilman Snyder stated that he felt the contract was poorly written and had several confusing clauses. These should be rewritten to clarify it for our city. He felt that the City Attorney should be asked whether or not the agreement could be further clarified before signing. Mr. Erwin agreed that the agreement was somewhat confusing and suggested that he review it and rewrite it. Mayor Wilson asked that Mr. Erwin get together with Councilman Snyder to make sure that all of his concerns were reviewed. Councilman Snyder moved and Councilman Puluqi seconded to continue the matter until such time as the City Attorney has time to rewrite the contract and submit it to the Council. Motion carried unanimously. Page 5 11LVU 11J REGULAR CITY COUNCIL MEETING :'c :'c * i'C * :'c iC n J` is is ': :'c :'c n * * :': :': :'c * '* * * * :'c is :': * ;: is n * * J V * n XV. ORAL COMMUNICATIONS - B Mr. Anthony Franco, 73-365 Royal Palm Drive, Palm Desert, addressed Council as a board member of the American Youth Soccer Association. He stated that his organization was most interested in seeing the site at Cook Street developed soon for youth sports and offered their assistance in expediting the development of the property for this purpose. Mr. Bouman stated that he had been in contact several times with Dr. Wilson of the School District and that he had been told that the project had the support of the Desert Sands Unified School District Board. However, there were many legalities to be worked out, and this was the holdup. Mr. Charles Tripp, 74-232 Aster Street, addressed Council regarding the possibility of Palm Desert pulling out of the C. V. Recreation District. Mr. Erwin stated that the City of Palm Desert could request detachment from the District through LAFCO. However, if the request were granted, no tax monies would come to Palm Desert. It would take a new approval of the voters to get tax monies. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 80-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING REFUNDS OF ERRONEOUSLY LEVIED PROPOSITION "A" FIRE SERVICE ASSESS- MENTS. RESOLUTION NO. 80-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ADVANCE OF GENERAL FUND MONEY TO THE PROPOSITION "A" FIRE PROTECTION FUND PENDING RECEIPT OF 1980-81 ASSESSMENTS. Mr. Bouman reported that the City had been working remotely with the County of Riverside in assessing each parcel in Palm Desert with the Fire Tax. Several errors have been found, mostly in the case where vacant land has been assessed as having a structure on it or $48 rather than $24. It will be a while before the City receives the tax monies from the County, and therefore Staff was requesting that Council establish a policy for reimbursement of these erroneous charges by adoption of Resolution No. 80-135 and the establishment of a fund of $10,000 by adoption of Resolution No. 80-136. The fund will not only cover erroneous charges, but any other charges that are incurred prior to receipt of the money from the County. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution Nos. 80-135 and 80-136. The motion carried unanimously. 2. RESOLUTION NO. 80-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 80-86, SECTION 1, TABLE OF SALARY RANGES FOR CLASSIFI- CATIONS AND POSITIONS AND SECTION 5, AUTO ALLOWANCES, AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED SALARY RANGES FOR CLASSIFICATIONS AND POSITIONS AND AUTO ALLOWANCE RESOLUTION NO. 80-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 80-80, AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED POSITIONS FOR THE 1980-81 FISCAL YEAR. Mr. Bouman reported that Staff was recommending the abolish- ment of the position of Accountant in the Department of Finance and replacing it with Accounting Technician. This was felt to be a proper reclassification by the Director of Finance, and it would save the City money. In addition, Mr. Bouman stated the resolution would accommo- date the promotion of two individuals in the Department of November 13, 1980 Page 6 MINUTES REGULAR CITY COUNCIL FETING * :r ;r x * * * * * :r k ;r * * * :: :: * :c * 7, * * * 7ic * * .r * ',r :r ;: ;ti k ;r * * XVI. REPORTS AND REMARKS (Continued) A. 2. CITY MANAGER (Continued) Building & Safety and Department of Public Works, one individual in each department. Lastly, it would increase the car allowance for the Engineering Aide from $90/mo. to $180/mo. Since the adoption of the Flood Ordinance, it was necessary for this individual to do lot inspections, thus increasing utilization of his automobile. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-137 and No. 80-138. Motion carried unanimously. 3. REQUEST FOR APPROVAL OF MORATORIUM ON TIME-SHARING PROJECTS. Mr. Bouman reported that the Planning Department, at the direction of the City Council, was currently conducting a study on the ramifications of guidelines for time-sharing projects. The reports will not be prepared for at least 2 months. In the meantime, we are being asked informally at this time what the City will do if such a request is made, and we have no rules or regulations to go by. It is Staff's recommendation, therefore, that the City Attorney be directed to prepare an ordinance creating a moratorium on time-sharing projects in the City for a 90-day period. Mr. Erwin stated that as far as we are aware, there are no existing projects of this nature at this time and none scheduled for approval prior to the meeting of December 4th. Since a moratorium of this nature is an emergency action and terms are critical, he stated it would be his preference to prepare the ordinance for presentation to the Council as the first item on the Agenda for December 4th. Considerable Council discussion followed as to what the City can and cannot control, and it was general consensus of the Council that they would like to see an ordinance written for their review before taking any action. Councilman McPherson moved and Councilman Puluqi seconded to direct the City Attorney to prepare an ordinance declaring a moratorium on time-sharing projects for presentation at the meeting of December 4, 1980. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE COUNCIL Mayor Wilson asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Councilman McPherson moved and Councilman Snyder seconded to adjourn --the meeting to Executive Session. Motion carried unanimously. Mayor Wilson adjourned the meeting to Executive Session at 9:35 p.m. Mayor Wilson reconvened the meeting at 9 : 45 p.m. and adjourned iuuite ; ately with no action being taken. OY WI 2 N, MAY0 ) 4TTE§T: SHEILA R. GILL GAN, C CLERK November 13, 1980 Page 7