HomeMy WebLinkAbout1981-10-08MINUTES
REGULAR CITY COUNCIL MEETING
THURSDAY, OCTOBER 8, 1981
CITY HALL COUNCIL CHAMBERS
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V.
CALL TO ORDER
Mayor Wilson called the Regular Meeting of the City Council to order at 7:05 p.m.
PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder
INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander
ROLL CALL
Present:
Councilman James E. McPherson
Mayor Pro-Tempore Alexis D. Newbrander
Councilman Romeo S. Puluqi
Councilman Walter H. Snyder
S. Roy Wilson, Mayor
Also Present:
Carlos L. Ortega, Assistant (Acting) City Manager
David J. Erwin, City Attorney
Ramon Diaz, Director of Environmental Services
Barry McClellan, Director of Public Works
Paul E. Byers, Director of Finance
Larry McAllister, Administrative Services Officer
AWARDS, PRESENTATIONS, AND APPOINTMENTS
A.
PRESENTATION OF PLAQUE OF APPRECIATION TO DR. ROBERT
MCLACHLAN, FORMER PLANNING COMMISSIONER.
Mayor Wilson stated that the City had been very fortunate in that many
individuals had come forth to offer their services on various committees and
commissions in the City. These individuals serve countless hours working
hard for the best of their community. One of these individuals was Dr.
Robert McLachlan who had served on the Planning Commission for over . a
year. Mayor Wilson presented him with a plaque in appreciation of his
dedicated service to the City.
Dr. McLachlan accepted the plaque and thanked the Council for their
confidence and for giving him the opportunity to serve on the Commission.
B. APPOINTMENT OF PLANNING COMMISSIONER TO FILL VACANCY
CREATED BY EXPIRATION OF MR. GEORGE BERKEY'S TERM.
Mayor Wilson stated that the Council had received many outstanding
applications for the position of Planning Commissioner and had interviewed
some of them. He stated that the decision was a very difficult one.
Councilman Newbrander moved to appoint Mr. Buford Crites to the position of
Planning Commissioner. She noted that Mr. Crites represented a different type of
background and philosophy than that now on the Commission which she felt would be an
asset. Councilman Snyder seconded the motion. Motion carried on a 4-1 vote with
Councilman Puluqi voting NO.
VI. CONSENT CALENDAR
A. MINUTES of the Regular Meeting of the City Council of September 24, 1981.
Rec: Approve as presented.
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VI. CONSENT CALENDAR (Continued)
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY -
Demand Nos. 82-033 and 82-034.
Rec: Approve as presented.
C. AGREEMENT FOR LEASE OF WORD PROCESSING EQUIPMENT With
Xerox Corporation For The City Clerk's Department and the Department of
Environmental Services.
Rec: Approve the Agreement as an authorized budget expenditure.
D. RESOLUTION NO. 81-135 - 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.
Upon motion by Puluqi, second by McPherson, the Consent Calendar was approved
by unanimous vote.
VII. ORAL COMMUNICATIONS - A
None
VIII. PUBLIC HEARINGS
A. CASE NO. ZOA 08-81, CITY OF PALM DESERT, APPLICANT: REQUEST
FOR CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE,
CHAPTER 25.68, CONCERNING THE REGULATION OF SIGNS. (Continued
from the Meeting of September 24, 1981.)
Mayor Wilson noted that the Public Hearing was still open and called on Staff for
their report.
Mr. Diaz statd that since the previous Council meeting, Staff had worked
with the proposed ordinance and made revisions per Council suggestions at
that meeting. He noted the following proposed revisions:
Add to Section 25.04.190 - Commercial Complex - Two or more businesses
shown on a common development plan, plot plan, or precise plan of design
functioning as a unit, with common off-street parking provided on the
property as an integral part of the unit.
Amend Section 25.68.310 to read: Freestanding Signs
A. A building or commercial complex with the General Commercial Zone
with individual street frontage shall be allowed one double faced or single
faced freestanding sign per street frontage for tenant identification when
the building or complex location or configuration or topographical variation
or other similar circumstances preclude the effective use of a sign on the
building but must have the explicit approval as to necessity, size and
location of either the Design Review Board, Planning Commission, or City
Council.
B. The square footage of one face of a double faced sign shall be counted;
however, the square footage of such sign face shall in no case exceed
one-half the total allowable signage of the front of the building and shall be
subtracted therefrom.
C. The area of such signs shall not exceed fifty square feet per face, and
the height shall not exceed twelve feet.
D. All detached signs shall be placed within a permanently landscaped area
of not less than twenty-four square feet and be architecturally compatible
with the building or complex and not encroach in the public right-of-way.
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VIII. PUBLIC HEARINGS (Continued)
Amend Proposed Revision to Section 25.68.395 - Building or Building E. Any
freestanding sign conforming to the requirements of Section 25.68.310 as in
effect on September 25, 1981, shall be considered exempted from these
provisions until such time as the owner changes his sign copy.
Complex Signs in the General Commercial District - To allow such signs
when two or more tenants are located in the building.
Mr. Diaz concluded his report by stating it was Staff's recommendation to
waive further reading and pass the proposed ordinance to second reading
including the revisions he had noted.
Mayor Wilson invited public input, and the following was offered:
MR. DEAN COLE, 74-110 Catalina Way, Palm Desert, addressed Council in Favor of
the open house pennants. He stated that other areas he had worked and lived in
had allowed them, and he felt they were necessary to aid in the sale of a home.
Councilman McPherson stated that he had received several phone calls from
realtors who were opposed to the pennant signs. He asked if Staff could get some
type of official position from the Board of Realtors.
MR. RALPH WOOD, Palm Desert Board of Realtors, addressed Council and advised
that the Board was taking no official position inasmuch as its membership was
somewhat divided in their feelings.
MS. THERSA GLAZER, 331 Sierra Madre, Palm Desert, addressed Council asking
that some type of identification signs be allowed for stores such as hers (Swenson's
Ice Cream Parlor) located within a shopping center. Mr. Diaz stated he would visit
her business to review the individual case and make a recommendation.
MR. BOB KENT, Sign Users Council, spoke and related his organization's philosophy
relative to sign ordinances in general. Upon question by Council, he stated they
were in Favor of the proposed changes except /15.
With no further input offered, Mayor Wilson declared the Public Hearing Closed.
Council reviewed several sections of the proposed ordinance with Mr. Diaz
for the purpose of clarification. Councilman Snyder complimented Staff on
their working out an extremely difficult ordinance.
Mayor Wilson noted that a sentence had been left off Section 25.68.590 Land
Subdivision Signs - "said signs shall be non -illuminated". Mr. Diaz stated
this was a clerical omission and that it would be corrected.
Upon motion by Newbrander, second by Snyder, Ordinance No. 272, as amended,
was unanimously passed to second reading.
B. REQUEST FOR APPROVAL OF RECOMMENDED PROJECTS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT 8TH YEAR PROGRAM.
Mayor Wilson declared the Public Hearing open and called on Staff for their report.
Mr. Ortega stated that the City must decide what projects to submit to the
County for consideration under the HCD Program. He noted that the City's
entitlement was approximately $70,000 and that additionally, the City may
compete in the County -wide discretionary pot which will be about
$2,524,000.
Mr. Ortega noted that the Parks and Recreation Commission had
recommended that the City's entitlement be used to supplement the funds to
construct the Sports Complex. The Planning Commission recommended the
monies be used to assist the Palm Desert Water & Services District with a
needed capital improvement project, and the Drainage Advisory Committee
did not make a specific recommendation although several members
indicated support of using the monies for the Sports Complex.
Mr. Ortega stated that the Community Services District had submitted
three projects - two at $90,000 each and one at $70,000. In addition, Staff
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VIII. PUBLIC HEARINGS (Continued)
B. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Continued)
was recommending that the Council approve a drainage project on the North
Frontage Road at a cost of approximately $98,300.
Mayor Wilson invited input, and the following was offered:
MR. BOB MAINERO, Palm Desert Water & Services District, spoke in support of
the Planning Commission recommendation to assist his District in a capital
improvement project. He stated they felt that the installation of a new water
main on San Pablo was the most necessary of the three projects which they
submitted.
With no further input offered, Mayor Wilson declared the Public Hearing Closed.
Councilman Newbrander stated she felt the Sports Complex Project, not to
exceed $250,000, should have the first priority, followed by the North
Frontage Road drainage project in the amount of approximately $98,300,
and then one of the three projects submitted by the Water & Services
District. Councilmen McPherson and Snyder expressed their concurrence.
Councilman Snyder moved to submit the following projects for HCD Block Grant
monies:
1. Sports Complex not to exceed $250,000.
2. North Frontage Road Drainage Project - $98,300.
3. One of three projects, to be determined by Staff, as submitted by the Palm
Desert Water & Services District.
Councilman Newbrander seconded the motion. Motion carried on a 4-0 vote with
Councilman Puluqi temporarily excused from the meeting.
Councilman Puluqi returned to the meeting at 8:20 p.m.
C. CASE NO. ZOA 11-81, CITY OF PALM DESERT, APPLICANT:
CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT ZONING
ORDINANCE CREATING SECTION 25.25, ESTABLISHING AN OFFICE
PROFESSIONAL DISTRICT.
Mayor Wilson declared the Public Hearing Open and asked for Staff's report.
Mr. Diaz reviewed the report in detail pointing out that this designation had
been suggested during the General Plan update. He noted that the Planning
Commission had reviewed it at their meeting of September 16, 1981, and had
unanimously approved it by their Resolution No. 744.
Councilman McPherson expressed concern that this new zone would allow
infringement into residential zones. Mayor Wilson concurred. Mr. Diaz
responded that Office Professional was currently allowed in R-3 zones with
a Conditional Use Permit.
Mayor Wilson invited public input, and none was offered. He declared the
Hearing Closed.
Upon motion by Snyder, second by Puluqi, Ordinance No. 273 was passed to second
reading by unanimous vote.
IX. RESOLUTIONS
A. RESOLUTION NO. 81-136 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION
NO. 81-98, SECTION 1, TABLE OF SALARY RANGES FOR
CLASSIFICATIONS & POSITIONS, AND THUS ESTABLISHING A REVISED
TABLE OF SALARY RANGES FOR CLASSIFICATIONS & POSITIONS.
Mr. Ortega reported that approximately 2 years ago, Council had adopted a
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IX. RESOLUTIONS (Continued)
A. RESOLUTION NO. 81-136 (Continued)
policy to attract and hire the best possible individuals for City positions. In
order to accomplish this, a salary survey was completed. Periodically,
positions are reviewed to make sure they are compatible with that of other
cities. Two employees had recently approached the City Manager - the
Code Enforcement Supervisor and Plans Examiner - who felt their
classifications were not in line with comparable positions and thus a survey
was conducted on both. The survey showed that the classification of the
Code Enforcement Supervisor was compatible; it also pointed out that our
Plans Examiner classification is two pay grades below that of other cities.
Thus Staff was recommending that it be raised one step, and the proposed
resolution would accomplish this.
Council expressed concern over this type of salary adjustment in that it was
not their policy to do this but rather to review all positions at budget time.
Mr. McAllister responded that this was done in an effort to keep our salaries
competitive with the industry.
Upon motion by McPherson, second by Snyder, Resolution No. 81-136 was adopted
by unanimous vote.
B. RESOLUTION NO. 81-137 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO ACCEPT AND RECORD QUITCLAIM DEEDS DEDICATING
CERTAIN STREETS AS PUBLIC STREETS IN THE SILVER SPUR RANCH
AREA.
Mr. Ortega stated that Council had accepted other streets in the Silver Spur
Ranch area approximately 4 years prior after they had been brought to City
standards. The streets as proposed in the resolution have also been brought
to standards and recommended for absorbtion in the City's street system by
virtue of the proposed resolution.
Upon motion by McPherson, second by Newbrander, Resolution No. 81-137 was
unanimously adopted.
X. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 271 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT
TO THE ZONING ORDINANCE TEXT, RELATIVE TO CHAPTER 25.28
CONCERNING PROVISIONS FOR SEATING FOR RESTAURANTS AND
RETAIL FOOD STORES. CASE NO. ZOA 09-81.
Mr. Ortega reported that this was second reading of the ordinance and that
no input had been received since its first reading.
Upon motion by Snyder, second by Puluqi, Ordinance No. 271 was adopted by a 4-1
vote with Councilman Newbrander voting NO.
XI. CONSENT ITEMS HELD OVER
None
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XII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF AGREEMENT FOR ENGINEERING
SERVICES FOR 7TH YEAR H.C.D. PROJECT - SAN PABLO AVENUE
WIDENING.
Mr. McClellan reviewed Staff's report and recommendation to approve the
contract with Charles Haver & Associates, low bidder, in the amount of
$7,950.
Councilman McPherson stated it was nice to see the money being used and
asked when the project would be done. Mr. McClellan responded that it
would commence within 45-60 days.
Councilman Puluqi moved to award the contract to Charles Haver & Associates in
the amount of $7,950.00. Councilman Newbrander seconded the motion. Motion carried
unanimously.
B. REQUEST FOR APPROVAL OF ANIMAL CONTROL SERVICES CONTRACT
WITH THE COUNTY OF RIVERSIDE.
Mr. Ortega reported that the County had raised its hourly rate and mileage
rate for the animal control services for which the City contracted. He
noted that the City really had no choice but to pay the higher rate.
Council expressed concern over the continually rising rates. Mr. Erwin stated that
the City of Indio had periodically tried to do their own animal control but still had
to use County facilities. Ne noted that they were now back to contracting with the
County. Councilman McPherson asked Staff to obtain a report of animal control
activities in the City to determine just how much time and mileage was expended.
Councilman Snyder moved to approve the contract and authorize the Mayor and
City Clerk to sign. Councilman McPherson sconded the motion; carried unanimously.
XIII. CONTINUED BUSINESS
None
XIV. OLD BUSINESS
A. TRACT NO. 14079 - REQUEST FOR INCREASE OF REIMBURSEMENT
AGREEMENT, KAUFMAN & BROAD, APPLICANT.
Mr. Ortega stated that this item had been reported on in Study Session and
that it was Staff's recommendation that it be continued indefinitely to allow
Staff more time to discuss the matter with the applicant.
Councilman Puluqi moved to continue the item to allow Staff time for further dis-
cussions with the applicant. Councilman McPherson seconded the motion; carried unani-
mously.
XV. ORAL COMMUNICATIONS - B
None
XVI. REPORTS AND REMARKS
A. CITY MANAGER
JOINT POWERS AGREEMENT RELATIVE TO FIRE PROTECTION.
Mr. Ortega stated that two Councilmen had been working with the Cities of
Indian Wells and Rancho Mirage for the formation of a Cove Communities
Fire Commission. An Agreement had been approved by both the City of
Indian Wells and the City of Rancho Mirage. He noted that Council had
discussed this during Study Session a► great length and that the Agreement
before the Council was an amended Agreement which had been received just
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XVI. REPORTS AND REMARKS (Continued)
A. CITY MANAGER (Continued)
JOINT POWERS AGREEMENT RELATIVE TO FIRE PROTECTION (Continued)
prior to the Study Session.
Councilman Snyder stated that he and Councilman Puluqi had been meeting
for several weeks on this issue and that this document was the result of such
meetings. He said it was an effort to improve our coverage and to hold
down costs of such. He noted that Councilman McPherson had expressed
strong concern over the formula contained in the Agreement but stated he
would like to see the Agreement approved with the provision that the
formula for participation be further studied and agreed to by all three
cities.
Councilman McPherson stated that he did indeed object to the formula in
that he felt Palm Desert would be paying more than its fair share. He
recognized other Council comments that population and assessed valuation
should be taken into consideration, but he felt the formula still needed
reworking and offered to look at it to come up with a better
recommendation.
Councilman Puluqi questioned Section A on Page 4 pointing out that he felt
it should reflect one (1) fire station. It was agreed that the words "each of
the" should be deleted and replaced with the word "one".
MR. TIM JOHNSON, Portola Avenue, Palm Desert, stated he felt the
Agreement should be approved now with the formula worked out later in an
effort to show support for the three cities working together.
Councilman Puluqi stated that even though our city would pay $40-50,000
more, the amount was not worth risking the cooperative effort of the cities.
Dave Erwin stated that if the formula were changed with the approval of
the Agreement, it would have to go back to the other cities for future
approval. Mayor Wilson stated he felt the Agreement should be acted on at
this meeting.
Councilman Snyder moved to approve and concur with the Joint Powers Agreement
in the formation of the Cove Community Fire Commission and that the Agreement be
approved as submitted except on Page 4, Section A, where "each of the" should be deleted
and replaced with the word "one". Motion carried on a 4-1 vote with Councilman
McPherson voting NO due to his disagreement with the formula included in the document.
Councilman Snyder moved that the members of the newly formed commission, with
the assistance of the city managers and others required, investigate the formula sub-
mitted and created in the Joint Powers Agreement and enter into negotiations with the
other two cities to determine if it is fair and equitable to all three cities and if not,
to suggest amendments to the Joint Powers Agreement. Councilman Newbrander
seconded the motion; carried on a 4-1 vote with Councilman Puluqi voting NO.
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XVI. REPORTS AND REMARKS (Continued)
A. CITY MANAGER (Continued)
PROJECT AREA COMMITTEE APPOINTMENTS
Mr. Ortega stated that this committee had been reestablished for the
Redevelopment Agency and that six members had been appointed out of a
total required nineteen.
Councilman Newbrander stated that Mr. Bob Downs, a Planning Commission
applicant, would be a good member for this committee as would Dr. William
Tennison of the Drainage Committee. Council concurred, and these individuals
were thus appointed.
Councilman Snyder moved to authorize the Mayor to appoint the additional people
required after having received suggestions from other Council members. Councilman
McPherson seconded the motion; carried unanimously. Mayor Wilson asked each Council
member to supply him with two names each.
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
Mayor Wilson asked that everyone note the future meetings listed on the
Agenda and confirmed that they were correct as printed.
XVII. ADJOURNMENT
Upon motion by McPherson, second by Puluqi, and unanimous vote, Mayor Wilson
adjourned the meeting at 9:47 p.m.
TT ST:
SHEILA R. GI
CITY CLERK
IGAN
8
S. ROY WILSO
CITY OF PALM DESERT, CAL FORNIA