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HomeMy WebLinkAbout1982-12-02MINUTES ADJOURNED CITY COUNCIL MEETING THURSDAY, DECEMBER 2, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. CALL TO ORDER Mayor Puluqi called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Walter H. Snyder INVOCATION - Councilman Phyllis Jackson ROLL CALL Present: Councilman Phyllis Jackson Councilman Dick Kelly Mayor Pro-Tempore Walter Snyder Councilman Roy Wilson Mayor Romeo Puluqi Also Present: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Ramon Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works - Paul E. Byers, Director of Finance Sheila R. Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. AWARD OF FIVE-YEAR SERVICE PINS TO JOE PALOMINO, AUGUSTINE OCHOA, RAFAEL ROMERO, DIANE THORNBURG, CARLOS ORTEGA, VICTOR MEYERHOFF, GEORGE RODGERS, AND GILBERT RAMIREZ. Mayor Puluqi commended the employees for their outstanding work for the City, noting that he personally was very happy to work with such a fine staff. He awarded the five year pins. VI. CONSENT CALENDAR A. MINUTES of the Adjourned Meeting of the City Council of November 18, 1982. Rec: Approve as presented. B. MINUTES of the Regular Meeting of the City Council of November 25, 1982. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-052 and 83-053. Rec: Approve as presented. MINUTES ADJOURNED CITY COUNCIL MEETING DECEMBER 2, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. APPLICATION FOR BINGO LICENSE, Ironwood Country Club, Applicant. Rec: Approve the request and authorize the Code Enforcement Department to issue said permit. E. MONTHLY REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT. Rec: Receive and file. F. RESOLUTION NO. 82-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING PARCEL MAP 18916, APPROVING THE AGREEMENTS RELATING THERETO. Rec: Waive further reading and adopt. Upon motion by Wilson, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. EDDIE FORREST, 48-301 Birdie Way, Palm Desert, addressed Council as Secretary -Treasurer of the Silver Spur Tract 2521 Homeowners Association. He noted that his group had signed a petition representing 90% of the owners and requesting installation of two street lights. He asked Council's favorable review when it appeared before them for approval. VIII. PUBLIC HEARINGS A. RE9UEST FOR CONFIRMATION OF LOT CLEANING ABATEMENT CHARGES. Mr. Bouman explained that this procedure was followed after a property owner had been asked to clean his property and had failed to do so leaving the City with the job. The City then hired a contractor, advised the property owner of the costs so that he may pay them, and when he failed to do so, assessed the amount to his taxes through this process. He recommended approval. Mayor Puluqi declared the Public Hearing open and invited public input. None was offered. He declared the Public Hearing closed. Upon motion by Wilson, second by Jackson, Resolution No. 82-152 was adopted by unanimous vote of the Council. B. CASE NO. UNDERGROUNDING DISTRICT NO. 7 - CITY OF PALM DESERT, APPLICANT: CONSIDERATION OF THE ESTABLISHMENT OF AN ASSESSMENT DISTRICT, KNOWN AS UNDERGROUNDING UTILITY DISTRICT NO. 7, TO PLACE APPROXIMATELY 760 FEET OF EXISTING OVERHEAD UTILITY LINES UNDERGROUND ON THE EAST SIDE OF SAN PABLO AVENUE, NORTH OF FRED WARING DRIVE, AND APPROXIMATELY 500 FEET OF EXISTING OVERHEAD UTILITY LINES ON THE NORTH SIDE OF FRED WARING DRIVE, EAST OF SAN PABLO AVENUE. Mayor Puluqi declared the Public Hearing open and asked for Staff's report. Mr. Bouman stated that this item had been thoroughly reviewed in Study Session. It dealt with the undergrounding of utility lines at the new Civic Center and would utilize 20-A monies which should not require the City to expend funds. Mayor Puluqi invited public input, and none was offered. He declared the Public Hearing closed. -2- MINUTES ADJOURNED CITY COUNCIL MEETING DECEMBER 2, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Jackson, second by Kelly, Resolution No. 82-153 was adopted by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 82-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING CERTAIN ROADS TO BE IN THE FEDERAL AID URBAN SYSTEM. Mr. Ortega reviewed the staff report, explaining that the Federal Government, through the Federal Highway Administration, provides monetary assistance for projects ranging from interstate freeways to local arterial and collector streets. He reviewed the procedure necessary for the City to qualify as well as the streets to be included in our application. Staff recommended adoption of the resolution. Upon motion by Wilson, second by Snyder, Resolution No. 82-154 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 82-155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ISSUANCE OF A SUBORDINATED TAX ALLOCATION PROMISSORY NOTE BY THE PALM DESERT REDEVELOPMENT AGENCY. Mr. Ortega reported that in the Redevelopment Agency agenda, there was an item for authorization for the Agency to issue a note in the amount of $1.5 million. Even though the note is a new note, the Agency's intention is to replace the note that had to be paid off before the bond sale. He explained that the note is necessary to fund the Agency's current budget and to properly place the Agency in a debt position, thus assuring itself of tax increments beyond those needed to pay the principal and interest on the bonds. He recommended adoption of the resolution. Upon motion by Jackson, second by Kelly, Resolution No. 82-155 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 82-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN EIGHTEEN -MONTH TIME EXTENSION FOR A TENTATIVE TRACT MAP FOR A 13 UNIT CONDOMINIUM PROJECT. CASE NO. TT 18165. Mr. Diaz reported that while time extensions are now reviewed and acted on by the Planning Commission, this particular tract was approved with the condition that any time extensions would be reviewed by the City Council. He reviewed the justifications for granting the extension and recommended adoption of the proposed resolution. Upon motion by Snyder, second by Jackson, Resolution No. 82-156 was adopted by a 4-1 vote with Councilman Wilson voting NO. X. XI. ORDINANCES For Introduction: None For Adoption: None CONSENT ITEMS HELD OVER None -3- MINUTES ADJOURNED CITY COUNCIL MEETING DECEMBER 2, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF JOINT POWERS AGREEMENT WITH RETIRED SENIOR VOLUNTEER SERVICES. Mr. Bouman reported that all of the Coachella Valley cities as well as the County of Riverside participated by contribution to this organization. The purpose of this Agreement was to approve our proportionate share as well as to officially approve our participation. He recommended approval with an amendment to the amount of $2,343 in the second WHEREAS inasmuch as this was our payment, not the amount of the grant. Councilman Snyder moved to approve the Agreement as amended and authorize the Mayor to execute. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF VARIANCE FROM REGULATIONS OF SECTION 15.28.010, CONSTRUCTION HOURS, OF THE PALM DESERT MUNICIPAL CODE, E. L. YEAGER CONSTRUCTION COMPANY, APPLICANT. Mr. Bouman explained that this dealt with the construction of the Palm Valley Stormwater Project. At the present time construction work on the project, which is primarily located in the southern reach and in County territory, was allowed to begin at 7 a.m. However, they are in a position to receive concrete earlier than that. In order to be ready for the concrete, they have to have their equipment warmed up and would like to begin at 6 a.m. Therefore, they had requested a variance, and staff recommended approval subject to conditions of revocation upon citizen complaints. Councilman Wilson pointed out that when the batch plant had received permission to start earlier, it was to accommodate the trucks that would be ready at 7. He wondered if the batch plant would not now come back and want to start at 5 a.m. Councilman Jackson stated she felt strongly that she would rather be awakened by machinery than rushing water. She felt those affected by the floods should be the last to complain. Councilman Snyder stated he felt the City created laws, and we should abide by them. He said unless there were extreme extenuating circumstances, he could see no justification for the variance. Mayor Puluqi stated that he had received a visit from a Mr. Kuhl complaining about the early noise and four subsequent telephone complaints from Indian Springs Mobilehome Park residents. Councilman Wilson asked if there was any assurance that this would in fact speed the project along, and Mr. Bouman responded there was not. Councilman Kelly stated the recommended approval was based on revocation upon complaints, and we already had the complaints. Upon motion by Snyder, second by Wilson, the request for variance was denied by a 4-1 vote with Councilman Jackson voting NO. XIII. CONTINUED BUSINESS N one -4- MINUTES ADJOURNED CITY COUNCIL MEETING * * * * * * * * * * * * * * * * XIV. OLD BUSINESS DECEMBER 2, 1982 * * * * * * * * * * * * * * * * * A. REQUEST FOR APPROVAL OF CONTRACT 1046, PORTOLA AVENUE WIDENING SOUTH OF HIGHWAY 111. Mr. McClellan reviewed the staff report which outlined the work to be performed. He noted that Matich Corporation was the low bidder at $33,647 with the other bids ranging from $51,000 to $63,000. Councilman Wilson moved to approve the request and award the contract to Matich Corporation in the amount of $33,647. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. XV. ORAL COMMUNICATIONS - B XVI. None REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR APPROVAL OF SUNDAY CONSTRUCTION AT THE TOWN CENTER. Mr. Bouman reported that during the recent wind storms, a large block wall had been blown down at the J.C. Penney Store. They had subsequently requested approval to work on Sunday, December 5th and 12th, in an effort to catch up. Staff recommended approval of the request. Councilman Kelly moved to approve the request subject to revocation upon citizen complaint. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Council. 2. APPOINTMENTS BY MAYOR Mr. Bouman asked that Mayor Puluqi announce the appointments he had made to various committees. Mayor Puluqi announced that Councilman Wilson would serve on the Executive Committee of CVAG and the Advertising & Promotion Committee, Councilman Kelly would serve on the Sunline Board, and Councilman Jackson would serve as liaison to the Street Beautification Committee and the Civic Center Committee. Councilman Snyder moved to approve the appointments, and Councilman Jackson seconded the motion. Motion carried on a 4-0-1 vote with Councilman Wilson ABSTAINING. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. PETITIONS FROM THE SALT CEDAR STREET AREA RELATIVE TO C.V.W.D. WATER TANK. Mayor Puluqi advised he had received a petition from homeowners in this area who objected to the color of the tank and the fact that it was not hidden in any way. The City Manager was directed to write a strong letter to the C.V. Water District requesting their assistance in resolving the complaints. Mayor Puluqi announced that the City Council would hold the first of -5- MINUTES ADJOURNED CITY COUNCIL MEETING DECEMBER 2, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the weekly Kaffeeklatsches .on Tuesday, December 7th, at 9 a.m. in the Council Chambers. The rest of the future meetings listed were correct. XVII. ADJOURNMENT Councilman Wilson moved to adjourn to a Joint Public Hearing with the Redevelopment Agency to follow Call to Order and Consent Calendar of the Agency Agenda. Councilman Snyder seconded the motion. Motion carried by unanimous vote. Mayor Puluqi adjourned to a Joint Public Hearing with the Redevelopment Agency at 7:50 p.m. * * * * * * * * * * * * * * * * * * IV. JOINT PUBLIC HEARINGS A. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY TO RECEIVE TESTIMONY ON THE PROPOSED AMENDMENT TO THE PALM DESERT REDEVELOPMENT PLAN, AS AMENDED, TO DETACH THAT PORTION OF THE PLAN WHICH CONTAINS A PORTION OF THE CITY OF INDIAN WELLS. Mayor Chilson, City of Indian Wells, called his City Council and Redevelopment Agency Meetings to order and asked for a roll call. All members of the Indian Wells City Council were present. Mayor Puluqi stated "this is the time and place set for the Joint Public Hearing of the City Council of the City of Palm Desert and the Redevelopment Agency of the City of Palm Desert on the proposed Amendment to the Redevelopment Plan for the Palm Desert Redevelopment Project, hereinafter referred to as the 'Amendment to the Redevelopment Plan'. At this hearing all persons who wish to speak for or against the proposed Amendment to the Redevelopment Plan will have an opportunity to speak." He declared the City Council Public Hearing open. Chairman Puluqi declared the Redevelopment Agency Public Hearing open. Mayor Chilson declared the Indian Wells City Council Public Hearing open. Chairman Chilson declared the Indian Wells Redevelopment Agency Public Hearing open. Mayor Chilson asked that it be stipulated that any oral or written communications will affect Indian Wells as well as Palm Desert. Mayor Puluqi asked the Executive Director of the Redevelopment Agency to introduce the Agency staff members who would make presentations and respond to questions. Mr. Bouman introduced Carlos Ortega, Assistant City Manager, who gave an explanation of the proposed Amendment to the Redevelopment Plan. Mayor Puluqi asked the City Clerk to read any written communications received in favor of the proposed Amendment to the Redevelopment Plan. Mrs. Gilligan advised there had been no written communications in favor of the Plan. Mayor Puluqi asked for public input in favor of the proposed Amendment to the Redevelopment Plan. No one spoke. Mayor Puluqi asked the City Clerk to read any written communications received in opposition to the proposed Amendment to the Redevelopment Plan. Mrs. Gilligan advised there had been no written communications in opposition to the Plan. Mayor Puluqi invited public input in opposition to the proposed Amendment to the Redevelopment Plan. No one spoke. -6- MINUTES ADJOURNED CITY COUNCIL MEETING DECEMBER 2, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega stated that the Amendment to the Redevelopment Plan Report to Council had still to be considered by both the Agency and the Planning Commission for their recommendation. He noted that the Agency must officially send the Report to the City Council for its recommendation, and staff had not completed the legal process necessary to complete the detachment. While the Public Hearing had been opened to allow time for people to speak who had read the notice of hearing, it should be continued until such action is taken by the Planning Commission and Council as is required by law. Mayor Chilson of Indian Wells asked why the Council had to submit the information to the Planning Commission, a body subservient to itself. He said they were faced with critical time limitations and asked the Council to expedite it since it would be of no harm to the City of Palm Desert or its Redevelopment Agency. Mr. Ortega noted at this time that at 4:00 p.m. that day, the Indian Wells City Attorney and the Palm Desert Redevelopment Agency counsel had agreed on the January 13th continuance. Thus staff had recommended that date. Upon question, Mr. Ortega responded that it would be his recommendation to continue the Public Hearing to at least the meeting of December 16th to allow the Planning Commission time to review the Amendment. Councilman Wilson asked why the information could not be presented and acted on at an adjourned meeting the following day. Mr. Ortega said that was up to the Council to decide. Councilman Wilson moved to continue the item to an adjourned meeting at 12:00 p.m. Friday, December 3, 1982. Councilman Snyder seconded the motion. Mr. Richard Hill, Redevelopment Consultant to Indian Wells, stated he felt a continuation to the meeting of December 16th, which would allow the Palm Desert Planning Commission time to review the Amendment at their meeting of December 7th, would be acceptable to his city. Councilmen Wilson and Snyder withdrew their motion. Mayor Chilson closed the Public Hearing of the City of Indian Wells and the Indian Wells Redevelopment Agency. Councilman Wilson moved to continue the Public Hearing to the Adjourned Meeting of December 16, 1982, at 7:00 p.m. Councilman Snyder seconded the motion. Motion carried unanimously. Upon motion by Snyder, second by Kelly, and unanimous vote of the Council, Mayor Puluqi adjourned the City Council meeting at 8:30 p.m. ATTEST: SHEILA R. GI AN, CIT v ERK CITY OF PALM DESERT, IFORNIA EO S. PULUQI, MAYOR -7-