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HomeMy WebLinkAbout1982-06-24MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 24, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the meeting to order at 7:10 p.m. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson M. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander IV. ROLL CALL Present: Councilman James E. McPherson Mayor Pro-Tempore 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 Ramon Diaz, Director of Environmental Services Paul Byers, Director of Finance Bob Hardy, Acting Director of Public Works Sheila Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Wilson announced that a Resolution of Appreciation had been prepared by Mr. Ben Dobbins who had served on the City's Technical Traffic Advisory Committee for over 7 years and who was retiring. He noted Mr. Bouman would present the resolution at a luncheon the following day. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of June 10, 1982. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-121 and 82-122. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR THE MONTH OF MAY, 1982. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Ron E. Presta and Edward L. Vincent for Alkobar Liquor, 73-510 Palm Desert Drive, Palm Desert, California. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING JUNE 24, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. RESOLUTION NO. 82-1410 OF THE CITY OF MONTCLAIR SUPPORTING THE PERCY-KRAMER-WINN PROPOSAL TO SELL SURPLUS FEDERAL PROPERTY. Rec: Receive and file. Upon motion by McPherson, second by Newbrander, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. CHARLES CALENDAR, Indian Wells Associates, The Vintage Club, addressed Council to respond to questions they had raised during their previous meeting regarding their project and the improvements of the northern boundary of the project where it borders Palm Desert and Portola Avenue. He stated that the undergrounding was completed in that the last pole was down. Plans for the block wall to be placed between the properties had been submitted to the City of Indian Wells for approval. In addition all property owners had been contacted to keep them apprised of the status of the wall as well as the landscaping that will happen on the development side so as not to destroy their view corriders of the mountains. He advised that the next phase of their project which is the property from Deep Canyon Road over to Portola (66 lots and 4 golf holes) had just been approved as a tentative map in the City of Indian Wells. Five conditions had been placed by Indian Wells which included work on Portola, undergrounding of wires on Covered Wagon and the installation of a wall which will involve contacting homeowners again and getting their feedback about the wall and landscaping. He added that until the wall is built, a fence will be put up but it will not have barbed wire on the top this time. He reviewed the project and conditions in detail as it affected the City of Palm Desert. He said that their intent is to begin the improvements on this tract as of July 1st with the sculpturing and irrigation of the golf course commencing in September. The improvements will take about 6 months including grading of the lots, installation of curb and gutter, necessary water and sewer utilities, etc. Mayor Wilson thanked Mr. Calendar for taking the time to return and give Council the report. VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF A STREET VACATION FOR A PORTION OF PALM DESERT DRIVE (NORTH) WEST OF MONTEREY AVENUE. (Continued from the Meeting of June 10, 1982.) Mayor Wilson noted the public hearing was Open as this was a continued item. Mr. Bouman stated that on the advice of the Agency consultant, staff was recommending that this street vacation request be withdrawn at this time. He noted that at the time the request was made, negotiations were taking place for the development of the property. However, those negoations had not gone through and therefore the matter was being handled through legal proceedings. Mayor Wilson invited public input, and none was offered. He declared the public hearing Closed. Upon motion by Newbrander, second by Snyder, the request for a street vacation for a portion of Palm Desert Drive (North) west of Monterey Avenue was withdrawn by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LIGHTING DISTRICT NO. 1-1978 (TRACT NO. 8237). -2- MINUTES REGULAR CITY COUNCIL MEETING JUNE 24, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson declared the public hearing Open. Mr. Bob Hardy stated this district was Tract 8237 located east of the Palm Desert Middle School. He reviewed the staff report indicating that the 1982-83 budget should be approximately $2,500 or $14.10 per parcel. This was a reduction from $18.02 the previous year. Mayor Wilson invited public input, and none was offered. He declared the public hearing Closed. Upon motion by McPherson, second by Newbrander, Resolution No. 82-77 was adopted by unanimous vote of the Council. C. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT RELATING TO NONCONFORMING LOTS, BUILDINGS, USES AND LAND. CASE NO. ZOA 04-82 - CITY OF PALM DESERT. Mayor Wilson declared the public hearing Open and asked for Staff's report. Mr. Diaz reviewed the report stating the proposed ordinance amendment would differentiate between nonconforming uses in the nonresidential zones versus the residential zones. He stated the provisions of the amendment and concluded by noting it was both the Planning Commission and Staff recommendation that the ordinance amendment be approved. Mayor Wilson invited public input, and none was offered. He declared the public hearing Closed. Upon motion by Newbrander, second by Puluqi, Ordinance No. 309 was passed to second reading by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO NONCONFORMING SIGNS. Mayor Wilson declared the public hearing Open and asked for Staff's report. Mr. Diaz reported that this amendment was initiated by the City as a result of a Council Study Session on March 25, 1982. The main thrust of the amendment would be to mitigate nonconforming signs via the attrition process when one of three things happen: 1) if there is a transfer of ownership of the business; 2) if there is a major alteration of the sign and as part of that provision, the vendor of the business must advise the vendee of the provisions of this section relating to the removal of the nonconforming sign upon the transfer of the ownership; and 3) precluding off -site signs, i.e. billboards. He noted that Section 25.68.660 to read: "Lawful nonconforming status shall not apply to of f- site signs, i.e. billboards". He concluded by recommending approval of the amendment. Mayor Wilson invited public input, and none was offered. He declared the public hearing Closed. Upon motion by Newbrander, second by Mayor Wilson, Ordinance No. 310 was passed to second reading by unanimous vote of the Council. E. REQUEST FOR CONFIRMATION OF ASSESSMENTS ON PROPERTY OWNERS IN SAID CITY FOR ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Wilson declared the public hearing Open and asked for Staff's report. Mr. Bouman stated that there had been a technical flaw in the way the property owners had been notified of the hearing and thus Staff was requesting the item be rescheduled to the City Council meeting of July 22, 1982. -3- MINUTES REGULAR CITY COUNCIL MEETING JUNE 24, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson invited public input, and none was offered. Upon motion by McPherson, second by Newbrander, the item was continued for consideration at the meeting of July 22, 1982, by unanimous vote of the Council. F. REQUEST FOR APPROVAL OF AN OPERATING BUDGET FOR FISCAL YEAR 1982-83. Mayor Wilson declared the public hearing Open and asked for Staff's report. Mr. Bouman noted the Council had reviewed this budget many times in Study Session and for the past month, the public had had an opportunity to get copies of the budget and review it with Staff if they so chose. He reviewed that in 1982-83, Staff anticipated that the total operational spending budget would be $3.854 Million with anticipated revenues at just over $5 Million. Therefore, there will be an available balance in the budget of $1.174 Million and that will go into the Capital Improvement Program. The City staff will be at 46 employees, down two positions from what it is currently and what was authorized for the past year. Revenues are expected to be down about 12% and that reflects the economy in general. Operating expenses are expected to be up about 5%, most of which are for charges for which the City has no control over such as the Sheriff's Department which will be $100,000 more this year. He noted that at Council's direction, an amount of $85,000 had been included in the budget for community promotion which is considerably more than in the past. Also at Council's direction, $100,000 had been left in the budget for employee salary adjustments although they had not been approved nor ordered because of a "wait and see" posture because of what is going on in Sacramento which makes the revenue picture cloudy at present. The amount will stay in there, but the employees have been told that nothing will happen prior to September 1st. In conclusion, he reviewed the Capital Improvement Program which had a budget close to $6.5 Million. He stated that if the City managed to accomplish the entire program, which had not been done in the past, we would end the year with only about $.5 Million left for a carryover program. He proposed one amendment to the budget: "Amend Exhibit "B", Page 2, by adding to the General Fund Non -Departmental group a new account (01-4906) 'Cable T.V. Consultant Services' and entering the amount of $5,000 in the column entitled '1982-83 Estimate'. Mayor Wilson invited public input, and none was offered. He declared the public hearing Closed. Mayor Wilson suggested that the City staff develop a flow chart for all 1982-83 Capital Outlay projects and provide the Council with monthly progress reports on each project. Mr. Bouman responded this would be done. Upon motion by Snyder, second by McPherson, Resolution No. 82-78 as amended was adopted by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 82-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE APPROPRIATION LIMIT FOR THE 1982-83 FISCAL YEAR. Mr. Byers stated this was a follow up to the memo which was presented to Council at the time the budget was originally presented. It is the adoption of the limit of appropriations subject to limitation according to the Gann Initiative. It provides basically that the limit which Council established last year can be adjusted only by the product of that formula times the increase in population in either per capita income or cost of living, whichever is more. That is the limit set by the resolution ---$10,152,271. -4- k MINUTES REGULAR CITY COUNCIL MEETING JUNE 24, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Newbrander, second by McPherson, Resolution No. 82-79 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 82-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET TO PROVIDE FOR VARIOUS EXPENDITURES IN EXCESS OF CURRENT APPROPRIATIONS. Mr. Bouman stated this was a housekeeping resolution to clear three accounts in the current fiscal year budget which were over their budgeted amount. He reviewed the three accounts and justification for the overages. Upon motion by Newbrander, second by McPherson, Resolution No. 82-80 was adopted by unanimous vote of the Council. D. RESOLUTION NO. 82-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESOLVING THAT THE PROVISIONS OF SECTION 1094.6 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE ARE APPLICABLE TO THE CITY OF PALM DESERT. Mr. Erwin explained this particular section of the Government Code provides a statute of limitation or a period of time within which individuals, if they are going to question an administrative decision, must do so. It's 90 days, but the Council must take the affirmative action to declare this particular section applicable to the City prior to that 90 day period being effective. Otherwise the City is looking at various types of action with limitations of six months to a year. Upon motion by McPherson, second by Newbrander, Resolution No. 82-81 was adopted by unanimous vote of the Council. E. RESOLUTION NO. 82-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 2, 1982, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. F. RESOLUTION NO. 82-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1982, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. G. RESOLUTION NO. 82-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ONTUESDAY, NOVEMBER 2, 1982. Mrs. Gilligan explained that by law, the City Council must call and give notice of the holding of its General Municipal Election. Resolution No. 82-82 calls the election for November 2, 1982, for the election of three members of the City Council. In addition, it sets forth that the election will be conducted in compliance with all provisions of the law, establishes the times polling places shall be open, and authorizes the City Clerk to obtain whatever materials are necessary. Resolution No. 82-83 requests the Board of Supervisors authorization to to consolidate the election with the Statewide General Election, -5- MINUTES REGULAR CITY COUNCIL MEETING JUNE 24, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * specifies what will appear on the City's portion of the ballot, authorizes the Registrar to canvass the results of the election, and agrees to pay the County for said services. Resolution No. 82-84 sets forth regulations for candidates pertaining to materials submitted to the electorate and the costs thereof for the election. It establishes what the candidate's statement may include, how many words it may contain (200 words), and the fact that it will be translated into Spanish. Mayor Wilson asked why Resolution 82-83 specified Spanish translation when the sample ballots and ballots for the June Primary had been in English only. Mrs. Gilligan responded the County had requested this wording in the resolution to meet requirements of Federal law. Councilman McPherson suggested the wording "as required" at the end of Section 2. Upon motion by McPherson, second by Puluqi, Resolution Nos. 82-82, 82-83 as amended, and 82-84 were adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 303 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107 OF THE PALM DESERT ZONING MAP. CASE NO. C/Z 02-82. Mr. Bouman reported that no additional input had been received since first reading. Upon motion by Puluqi, second by Newbrander, Ordinance No. 303 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 304 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE MUNICIPAL CODE SECTION 25.56. CASE NO. ZOA 05-82. Mr. Bouman reported that no additional input had been received since first reading. Upon motion by McPherson, second by Puluqi, Ordinance No. 304 was adopted by unanimous vote of the Council. C. ORDINANCE NO. 305 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-3(3) TO O.P. FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LARREA STREET AND LANTANA AVENUE. CASE NO. C/Z 05-82. Mr. Bouman reported that no additional input had been received since first reading. Upon motion by McPherson, second by Newbrander, Ordinance No. 305 was adopted by unanimous vote of the Council. -6- MINUTES - REGULAR CITY COUNCIL MEETING JUNE 24, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. ORDINANCE NO. 306 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 5.04.260 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO REFUNDS. Mr. Bouman reported that no additional input had been received since first reading. Upon motion by McPherson, second by Puluqi, Ordinance No. 306 was adopted by unanimous vote of the Council. E. ORDINANCE NO. 307 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 16.02 TO THE PALM DESERT MUNICIPAL CODE PROHIBITING THE USE OF COMBUSTIBLE ROOFING MATERIALS. Mr. Bouman reported that no additional input had been received since first reading. Upon motion by Newbrander, second by McPherson, Ordinance No. 307 was adopted by unanimous vote of the Council. F. ORDINANCE NO. 308 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.49.050 OF THE PALM DESERT MUNICIPAL CODE RELATING TO DRAINAGE FEES. Mr. Bouman reported that no additional input had been received since first reading. Upon motion by McPherson, second by Newbrander, Ordinance No. 308 was adopted by unanimous vote of the Council. XL CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF JANITORIAL SERVICES CONTRACT FOR FISCAL YEAR 1982-83. Mr. Hardy reported that since there had been a significant number of complaints from employees about the quality of janitorial service the past year, it was Staff's recommendation that the current company not be retained and the contractor, Cannon's Cleaning Service, used the previous year be employed. Councilman McPherson moved to award the contract for janitorial services for Fiscal Year 1982-83 to Cannon's Cleaning Service. Councilman Puluqi seconded the motion; carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF A REDUCTION IN DRAINAGE FEES FOR ON -SITE RETENTION OF STORMWATER, SUNRISE COMPANY, APPLICANT. (Continued from Meeting of June 10, 1982.) Mr. Bouman reported that the applicant had requested this item be continued to the meeting of July 8, 1982. However, since there would not be a quorum for that meeting and it would be held on July 15th, it was recommended it be continued to that time. Upon motion by Puluqi, second by Newbrander, the request was continued for consideration at the Adjourned Meeting of July 15, 1982, by unanimous vote of the Council. XIV. OLD BUSINESS None -7- MINUTES REGULAR CITY COUNCIL MEETING JUNE 24, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. ORDINANCE NO. 311 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO 247, UNIFORM PLUMBING CODE, 1979 EDITION, SECTION 401. Mr. Bouman stated this amendment would allow the use of ABS and PVC pipe in commercial buildings. He noted it came upon the recommendation of the State Building Code. Upon motion by Newbrander, second by McPherson, Ordinance No. 311 was passed to second reading by unanimous vote of the Council. 2. RESOLUTION NO. 82-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING JUST COMPENSATION FOR LAND REQUIRED FOR STREET WIDENING PURPOSES. Mr. Bouman reported that this dealt with land we are required to obtain for street widening on San Pablo. The resolution declares the appraisal valuation to be just and fair compensation and authorizes the City to make an offer to purchase the required portions in accordance with the appraisal dated June 14, 1982. Upon motion by Newbrander, second by Snyder, Resolution No. 82-85 was adopted by unanimous vote of the Council. 3. RESOLUTION NO. 82-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY-LAWS FOR THE COVE COMMUNITIES FIRE COMMISSION ON BEHALF OF THE CITY. Mr. Bouman reported that the Fire Commission was satisfied with these by-laws and recommended each city's adoption of them. Upon motion by Puluqi, second by Snyder, Resolution No. 82-86 was adopted by unanimous vote of the Council. 4. RESOLUTION NO. 82-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING SENATE CONCURRENT RESOLUTION 46. Mr. Bouman explained that this concurrent resolution would, if approved, authorize the California Transportation Commission to undertake a study and recommend directly to the Legislature the highway needs in the State along with priorities. This would bring an objective and unbiased report which is badly needed. Upon motion by Newbrander, second by Puluqi, Resolution No. 82-87 was adopted by unanimous vote of the Council. 5. AWARD OF CIVIC CENTER CONTRACT Mr. Bouman reported an agreement had been ironed out which was satisfactory to staff, the contractor, the architect, and the City Council. Councilman Snyder moved that the contract for construction of the Civic Center be awarded to Snedaker Construction Co. in an amount of $2,400,000 with all staff -8- MINUTES REGULAR CITY COUNCIL MEETING JUNE 24, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * change recommendations included, except that a canopy will be retained, that building finish will be split -face block, that the roof will be redesigned at no cost to the City, and that the City will retain an option to exclude Palm Trees from the contract with a credit of $35,000. Councilman Newbrander seconded the motion. Motion carried on a unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson stated that immediately following adjournment of the Redevelopment Agency meeting, the Council would adjourn to Closed Session and following that would go back into Study Session. In addition, he noted that three members of the City Council would be out of town on July 8, 1982, which was a regular Council meeting date. Therefore, the City Clerk would adjourn that meeting to 7:00 p.m. on Thursday, July 15, 1982. XYII. ADJOURNMENT Upon motion by Newbrander, second by Puluqi, and unanimous vote of the Council, Mayor Wilson adjourned the meeting to Closed Session at 8:22 p.m. Mayor Wilson reconvened the meeting at 9:27 p.m. and immediately adjourned with no action being requested or taken. ATTEST: `-SHEILA R GILLI , CITY ' K CITY OF PALM DESERT, FORNIA _ ___„Z S. WIIISON; MAYOR