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HomeMy WebLinkAbout1982-02-25MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, FEBRUARY 25, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:04 p.m. ll. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Puluqi III. INVOCATION - Mayor Pro-Tem Alexis D. Newbrander IV. ROLL CALL Present: Absent: Mayor Pro-Tem Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Councilman James E. McPherson Martin J. Bouman, City Manager - Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Sheila R. Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of February 11, 1982. Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of the City Council of February 18, 1982. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-081 and 82-082. Rec: Approve as presented. D. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JANUARY, 1982. Rec: Receive and file. E. LETTER OF APPRECIATION From Mr. and Mrs. Vincent Hyatt Relative To The Willow Street Name Change. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By The May Department Stores Company at 72-780 Highway 111, Palm Desert, California. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Jean D. & Ray E. Lish for The Village Lounge, 72-795 Highway 111, Palm Desert, California. Rec: Receive and file. H. REQUEST FOR RELEASE OF FAITHFUL PERFORMANCE BOND FOR TRACT NO. 5055, Coble-Bramblett Construction et Investment Co., Applicant. Rec: Accept the work as complete and authorize the City Clerk to release the Faithful Performance Bond for the clubhouse sewer extension for said tract. I. REQUEST FOR RELEASE OF $600 MONUMENTATION CASH DEPOSIT FOR TRACT NO. 6753, Skouras 6c Levitt, Applicant. Rec: Accept the work as complete and authorize the City Clerk to release the $600 Monumentation Cash Deposit for said tract. J. REQUEST FOR RELEASE OF MAINTENANCE BONDS FOR TRACTS 5565-1 & -2, Ironwood Country Club, Applicant. Rec: Accept the work as complete and authorize the City Clerk to release the Maintenance Bonds for said tracts. Councilman Newbrander requested Item "E" be removed from the Consent Calendar for discussion under Section XI, Consent Items Held Over, of the Agenda. Upon motion by Newbrander, second by Puluqi, the Consent Calendar, with the exception of Item "E", was approved as presented by unanimous vote of the Members present. VII. VIII. ORAL COMMUNICATIONS - A None PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF STREET NAME CHANGE FROM HIGHWAY 74 TO MONTEREY AVENUE WITHIN THE CITY LIMITS. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. McClellan stated that Highway 74 runs southward from Highway 111 through the City of Palm Desert, and Monterey Avenue runs northward from the same intersection with Highway 111. Having two different street names on roads which share a common alignment is often confusing and impractical. To alleviate this situation, Staff proposed to change the name of Highway 74 to Monterey Avenue within the bounds of City jurisdiction. He noted the change would affect approximately 170 residents. Mayor Wilson invited public input, and the following individuals spoke against the change feeling the highway name should be left as it is with the informal and historical designation of Palms to Pines Highway: DR. EUGENE M. KAY, Homestead Road, Palm Desert. MRS. KAY CRAIG, 72-922 Belair Road, Palm Desert. -2- t" f L MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. FRANCIS MALLORY, Indian Springs Mobile Home Park, on behalf of the residents of the park. MR. JAMES MATYCHUCK, 46-165 Highway 74, Palm Desert. MRS. MAUREEN BURTON, 46-151 Highway 74, Palm Desert. Mayor Wilson noted that a petition had been submitted at the beginning of the meeting and asked the City Clerk to read it. Mrs. Gilligan read the following heading of petitions signed by 115 residents: "To: All Council Members of the City of Palm Desert, California We, the undersigned, want to retain the name 'Scenic Palms to Pines Highway 74' for its historical significance to this community. We ask that you rescind any action taken for name change. Dated at Palm Desert, this 16th day of February, 1982." (Said petition on file and of record in the Office of the City Clerk.) Mayor Wilson noted that another petition had been received by the City which contained almost 160 signatures. (Said petition on file and of record in the Office of the City Clerk.) He further noted for the record that there was no action to rescind inasmuch as this hearing was to determine whether or not to make the street name change. The only other previous action the Council had taken was that of calling this public hearing. With no further public input offered, Mayor Wilson declared the Public Hearing Closed, and he asked for Council's comments: Councilman Newbrander stated her agreement with the residents who had spoken that the name should be left as it is. Councilman Snyder stated that since the vast majority of residents did not want the name change, he felt the name should be left as is. Councilman Puluqi stated his concurrence. Councilman Snyder moved to make no change in the street name of Highway 74. Councilman Newbrander seconded the motion; carried unanimously with the members present. B. CASE NO. TRACT 13915, AMENDMENT ##1 - FRANK R. GOODMAN & AFFILIATED CONSTRUCTION COMPANY, APPLICANTS: REQUEST FOR CONSIDERATION OF AN APPROVAL OF AN AMENDMENT TO TRACT 13915 TO ABANDON CERTAIN ALLEY EASEMENTS FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HOVLEY LANE AND COOK STREET. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report noting that the approved map had included 24-foot wide alley easements across the rear of lots 28 through 40 and lots 12 through 20 for the purpose of providing secondary truck access to each lot. However, detailed surveying of individual lots indicates that the land falls north to south substantially enough that a number of interior retaining walls will be necessary on the side and rear lot lines making the alleys impractical. The applicant is of the opinion that the lots are large enough and have sufficient frontage to provide necessary access. Therefore, Staff recommended approval of the request. Mr. Diaz concluded by recommending that Special Condition f#3 be added to the proposed resolution as follows: "That City Council Resolution No. 78-172 would continue to be in effect." Mayor Wilson invited input from the applicant. -3- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. FRANK GOODMAN, Affiliated Construction Company, addressed Council in concurrence with the Staff Report. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Upon motion by Snyder, second by Puluqi, Resolution No. 82-16 as amended was adopted by unanimous vote of the members present. C. CASE NO. C/Z 01-82 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN APPROVAL OF A CHANGE OF ZONE FROM R-3, 18,000 (3), S.P. (MULTIPLE FAMILY RESIDENTIAL, 18,000 MINIMUM LOT SIZE, 3,000 SQUARE FEET OF LAND AREA PER D.U., SCENIC PRESERVATION OVERLAY) TO C-1, S.P. (GENERAL COMMERCIAL, SCENIC PRESERVATION OVERLAY) AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, FOR PROPERTY LOCATED TO THE EAST OF HIGHWAY 74 AND WEST OF OCOTILLO DRIVE, APPROXIMATELY 10-' SOUTH OF EL PASEO. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report stating that the proposed zone change was initiated by the City in order to bring the zoning of the subject properties into consistency with the General Plan which was adopted in 1981. State law requires that zoning be consistent with the General Plan land use designation. He noted a letter from Mr. Joe Gergeron (attached hereto and made a part hereof as Exhibit "A"), a resident of Sandpiper, in opposition to the zone change. He concluded by stating that Staff recommended approval of the request. Mayor Wilson invited public input, and the following was offered: MRS. SHERRY IKEZAWA, Owner of the Iron Gate Restaurant and the Adobe Gardens Hotel, spoke in favor of the request inasmuch as it would allow her to add additional rooms to her hotel. This would mean more bed tax revenue to the City. With no further input offered, Mayor Wilson declared the Public Hearing Closed. Councilman Snyder stated he felt the zone change untimely now inasmuch as more study was needed. Councilman Puluqi stated he would be willing to consider a change at the time plans for additional rooms for the hotel were presented. Mayor Wilson stated he preferred leaving it R-3 until a later time because commercial was not compatible with the surrounding areas. Councilman Newbrander moved to instruct Staff to prepare a resolution of denial to be presented at the next regular Council meeting. Councilman Snyder seconded the motion. Motion carried unanimously with the members present. IX. RESOLUTIONS A. RESOLUTION NO. 82-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ADVANCE TO THE CITY OF PALM DESERT REDEVELOPMENT AGENCY FOR COSTS ASSOCIATED WITH THE EXPANSION OF THE REDEVELOPMENT PROJECT AREA BOUNDARIES. Mr. Bouman stated that when the City and Agency undertook the expansion of the Agency boundaries, we knew there would be certain costs. At budget time, Staff felt it would be about $62,300, and at that time there was $32,000 carryover. That amount was left, recognizing that somewhere down the line the Agency would have to go to Council -4- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to borrow the additional $29,500. This resolution would provide such a loan to the Agency. Upon motion by Newbrander, second by Snyder, Resolution No. 82-17 was adopted by unanimous vote of the members present. B. RESOLUTION NO. 82-18 - 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. Bouman advised that this resolution provided two changes. First it would raise the range of the Code Enforcement Supervisor one grade to compensate him for his extra duties as Assistant Director of Building & Safety. The increase would be retroactive to December 12, 1981, and would continue through June, 1982, when the new Director should be on board. In addition, he noted that our Supervisor of Maintenance Crews was retiring and in the process of recruitment, it was discovered that the position was pegged higher than it should be. The resolution would lower the pay range. Upon motion by Newbrander, second by Puluqi, Resolution No. 82-18 was adopted by unanimous vote of the members present. X. ORDINANCES For Introduction: A. ORDINANCE NO. 288 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR LICENSING OF BINGO GAMES WITHIN SAID CITY, SETTING FORTH THE PROCEDURES AND REQUIREMENTS FOR THE LICENSING AND HOLDING OF SUCH BINGO GAMES, AND THE PENALTIES FOR VIOLATION OF THIS ORDINANCE. Mr. Bouman noted that this ordinance was being presented primarily due to a request by the Foundation for the Retarded of the Desert to hold bingo games. He said that the City Attorney had prepared it and asked him to comment on it. Mr. Erwin noted that without the ordinance, bingo was illegal in the City. He said that it had been prepared in accordance with State law. Upon motion by Newbrander, second by Puluqi, Ordinance No. 288 was passed to second reading by unanimous vote of the members present. B. ORDINANCE NO. 289 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING OFF - ROAD USE OF MOTOR VEHICLES. Mr. Bouman advised that this ordinance came at the request of the Sheriff's Department. At present, they have no way of enforcing of f- road vehicle problems other than by a noise ordinance. He noted it had been prepared by the City Attorney and was similar to a County ordinance. Mr. Erwin noted that the last line of Section 10.88.020 had a typographical error and that the word "or" between the words alley and within should be deleted. Upon motion by Puluqi, second by Newbrander, Ordinance No. 289 as amended was passed to second reading by unanimous vote of the members present. -5- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. ORDINANCE NO. 290 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO AMBULANCE SERVICE. Mr. Bouman stated this ordinance came to us as a request from the City of Rancho Mirage. He noted it stemmed from recent action from the Cove Communities Fire Commission in establishing paramedic services. Even though there will be paramedic services for emergency situations, we will still require a private ambulance service, and the three cities feel that control and regulation of that service is necessary. He reviewed the provisions of the ordinance noting that it had been prepared by the City Attorney and the three City Managers. Upon motion by Newbrander, second by Puluqi, Ordinance No. 290 was passed to second reading by unanimous vote of the members present. For Adoption: A. ORDINANCE NO. 285 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INCREASING THE MAXIMUM HEIGHT OF LIGHT STANDARDS. CASE NO. ZOA 16-81. Mayor Wilson said he still had reservations about a 30' light standard. Mr. Diaz stated the height limit had been chosen because the standards in Presidents' Plaza were that height. He noted that lighting in parking lots was not required, and the smaller the lot, the smaller and lower the fixture. Staff would be responsible for monitoring "spillover". Upon motion by Puluqi, second by Snyder, Ordinance No. 285 was adopted by unanimous vote of the members present. B. ORDINANCE NO. 286 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE SUBDIVISION ORDINANCE TEXT, CHAPTER 26, SECTIONS 26.20.090, 26.20.100, 26.20,110, 26.20.140, AND ADDING SECTIONS 26.20.111, 26.20.117, 26.20.145. Mr. Bouman stated that there was no additional input since first reading of the ordinance. Upon motion by Newbrander, second by Puluqi, Ordinance No. 286 was adopted by unanimous vote of the members present. XI. CONSENT ITEMS HELD OVER E. LETTER OF APPRECIATION From Mr. and Mrs. Vincent Hyatt Relative To The Willow Street Name Change. Councilman Newbrander stated she had asked for discussion on this item to make a comment about it inasmuch as it was a very nice letter. She stated that the letter thanked the Council for considering and granting their request. She in turn wished to thank them for taking the time to come forward with the wishes. She hoped people would realize that the Council does listen. Upon motion by Newbrander, second by Puluqi, the letter of appreciation was received and filed by unanimous vote of the members present. XII. NEW BUSINESS A. REQUEST FOR APPROVAL TO ERECT SIGNS WITHIN THE CITY OF PALM DESERT FOR THE VINTAGE INVITATIONAL, THE VINTAGE CLUB AT INDIAN WELLS, APPLICANT. Mr. Bouman stated that this request had been amended in that a second letter had been received dated February 23rd which requested permission to place banners on storefronts in Palm Desert on Highway -6- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 111 and El Paseo. He stated that it was no secret that the City is having some problems with them over our flood control project, and the City Attorney suggests that Council first go into a Closed Session following the meeting before making a decision on this item. Councilman Newbrander suggested continuing the item until the next meeting or indefinitely. Upon motion by Newbrander, second by Wilson, the item was continued to an Adjourned Meeting of the City Council at 4:30 p.m. on Thursday, March 4, 1982. XIII. CONTINUED BUSINESS A. REQUEST FOR INCREASE OF REIMBURSEMENT AGREEMENT FOR TRACT NO. 14079, KAUFMAN AND BROAD, APPLICANT. Mr. McClellan explained that the developers have requested their present eligibility for $100,000 drainage fee reimbursement agreement be increased to $351,020. The applicant's stipulated amount is based on their expenditure of $462,020 for all of their storm drain construction less a credit of $111,000 against their drainage fees. However, of the net $351,020, only $165,882 is applicable towards the proper sized pipe in Hovley Lane. The balance is for oversize pipe and for on -site storm drains. Therefore, the issue is whether what was and is the City Council's intent to reimburse the developer for their actual cost beyond their drainage fee obligation. When the $100,000 limit was established, the cost estimate for additional expense at that time was $93,600. The actual eligible cost beyond the drainage fee credit is the $165,882. He noted that the Municipal Code provides for that decision to be discretionary by the Council and he read from the Code. He stated that the Council could, therefore, leave the reimbursement agreement at $100,000 or may increase the agreement up to $165,882 which would be the eligible cost. He pointed out that the reimbursement agreement is set up that the funds would be reimbursed as drainage fees are collected in that area that benefit from this. This would not be a lump sum settlement to the developer but only as the fees are collected from that area. He concluded by stating Staff did recommend denial of the request. Councilman Snyder asked Mr. McClellan if he considered the $165,882 fair and equitable, and he responded that it was. Councilman Newbrander denied the request to increase the reimbursement agreement from "not to Exceed $100,000" to $358,020.50 and to stipulate $165,882 as the cost eligible for reimbursement. Councilman Snyder seconded the motion; carried unanimously with the members present. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B N one XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR APPROVAL OF CONTRACT FOR ARCHITECTURAL SERVICES FOR PHASE 2 OF THE SPORTS COMPLEX. Mr. Bouman stated that the City Attorney had reviewed the contract and had been found it suitable in form. He noted the -7- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * contract had been discussed relative to services, and it is within the original budget. He requested a Minute Motion authorizing the Mayor and City Manager to sign the contract so that work could proceed immediately on that design. Upon motion by Puluqi, second by Snyder, the Mayor and City Manager were authorized to execute a contract with Wexler Urrutia Architectural Firm for architectural services for the design of Phase 2 of the Sports Complex by unanimous vote of the members present. 2. REQUEST FOR AUTHORIZATION TO PURCHASE PROPERTY AT 74-833 JONI DRIVE FOR A PUBLIC WORKS YARD. Mr. Bouman requested a motion authorizing the Mayor and Manager to make an offer to purchase some property at 74-833 Joni Drive in Palm Desert's Service Industrial Area, which property is suitable for a City Public Works yard. This is something we've needed for quite some time since we have outgrown our present facilities and we have been looking for the right kind of location. We will make an offer, and if accepted, Staff will report back to the Council as to the amount involved and for approval of the purchase. Councilman Newbrander moved to authorize the City Manager to make an offer and then report back to Council. Councilman Snyder seconded the motion. Motion carried unanimously. B. CITY ATTORNEY Mr. Erwin requested the Council adjourn to an Executive Session and also that the Redevelopment Agency Meeting be adjourned to the Executive Session. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked everyone to note the Future Meetings listed on the Agenda as confirmed by the City Clerk. XVII. ADJOURNMENT Councilman Newbrander moved to adjourn the meeting to Closed Session immediately following the Redevelopment Agency Meeting. Councilman Puluqi seconded the motion; carried unanimously with the members present. Mayor Wilson adjourned the meeting to Closed Session at 8:20 p.m. Mayor Wilson reconvened the meeting at 9:10 p.m. and immediately adjourned to 3:00 p.m. on Friday, February 26, 1982. ATTEST: SHEILA R. GI GAN, CIT, ,CLERK CITY OF PALM DESERT, ALIFORNIA -8- MINUTES REGULAR CITY COUNCr.. 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