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HomeMy WebLinkAbout1981-10-08MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 8, 1981 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. 1 MINUTES • REGULAR CITY COUNCIL MEETING October 8, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. -2- MINUTES REGULAR CITY COUNCIL MEETING October 8, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 MINUTES REGULAR CITY COUNCIL MEETING October 8, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 -5- MINUTES REGULAR CITY COUNCIL MEETING October 8, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 -6- MINUTES REGULAR CITY COUNCIL MEETING October 8, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. -7- MINUTES REGULAR CITY COUNCIL MEETING October 8, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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