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HomeMy WebLinkAbout1982-03-25MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 25, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson 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 Mayor S. Roy Wilson • Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Carlos L. Ortega, Assistant City Manager Ramon Diaz, Director of Environmental Services Paul E. Byers, Director of Finance Pat Conlon, Plans Examiner/Department of Building & Safety Sheila Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. REAPPOINTMENT OF MR. JOHN MARZICOLA TO THE BUILDING BOARD OF APPEALS AND CONDEMNATION (FOUR YEAR TERM). Mayor Wilson stated that it was the Council's pleasure to reappoint Mr. John Marzicola to the Building Board of Appeals & Condemnation noting that Mr. Marzicola had made an excellent contribution during his previous term. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of March 11, 1982. Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of the City Council of March 16, 1982. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 82-092. Rec: Approve as presented. D. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF F tt3RUARY, 1982. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING MARCH 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. LETTER OF APPRECIATION TO THE CITY COUNCIL From the Palm Desert Property Owners' Association Relative to the Vintage Club Lawsuit. Rec: Receive and file. F. CLAIM AGAINST THE CITY OF PALM DESERT BY C.G.O. ENTERPRISES In The Amount of $30,462. Rec: Receive and refer to the City Attorney for proper response. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Dennis J. and Wilma M. Parrish for PORTA D'ITALIA, 73-703 Highway 111, Palm Desert, California. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Marc W. and Margaret M. Piekaar for DUCK SOUP, 74-360 Palm Desert Drive, Palm Desert, California. Rec: Receive and file. I. RESOLUTION NO. 82-25 - 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 BUILDING AND SAFETY THAT HAVE BEEN MICROFICHED. Rec: Waive further reading and adopt. Upon motion by McPherson, second by Puluqi, the Consent Calendar was approved as presented by unanimous vote. VII. ORAL COMMUNICATIONS - A MR. NORMAN SMITH, 74-175 El Paseo, addressed Council as the manager of the local cable television company. He advised that AB 2742 had been proposed by the State legislators, and it would repeal all present cable regulations. It creates cable as a public utility and in doing so, it takes all control of cable out of the local hands of city government. The franchising would be done by the PUC, the rates regulated by the PUC, and from the cable company's standpoint and that of government and the citizens, it would be harmful to the city, harmful to the cable operator, and to the citizen. It would also regulate the program that the cable system can provide and in later programming, if a change is needed, the cable companies would have to go to the PUC and request this change. This would take up to years to obtain approval. Such a bill would inhibit the growth of cable by creating an undue burden on the cable companies and all of this will ultimately be passed on to the consumer. He respectfully requested Council's opposition to this bill. Mr. Bouman advised that this bill was to be heard by the Energy and Utility Committee on April 15th. Councilman McPherson moved to adopt a resolution to be prepared by Staff to oppose Assembly Bill 2742. Councilman Newbrander seconded the motion; carried unanimously. VIII. PUBLIC HEARINGS A. CONSIDERATION OF ADOPTION BY REFERENCE THE 1981 NH 11ONHL tLt. 1 R1LP L COOL W1ill l;LK 1 AIN SFLLll 1tU AMENDMENTS. -2- MINUTES REGULAR CITY COUNCIL MEETING MARCH 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Bouman stated that from time to time, these updates of building codes are brought to Council for approval. He noted that if there are sections of the codes that we feel should be more restrictive, we may do so by providing the amendments such as proposed here to the National Electrical Code. Mayor Wilson invited public input. MR. ROBERT GEORGE, Imperial Sign, addressed Council stating he had not had time to review the ordinance to see if it had strong restrictions relative to neon signs. He asked that some be included if this had not already been done. He stated that companies go to the trouble to get U.L. approval and use only equipment that is U.L. approved in the interest of safety, and he felt all should be required to do the same. Mr. Conlon of the Building Department responded that the amendments did not include more restrictive provisions for signs. Councilman McPherson suggested that Mr. George come in to review the ordinance and suggest any revisions he felt necessary so that they might be reviewed at the second reading of the ordinance. Mayor Wilson declared the Public Hearing Closed. Upon motion by McPherson, second by Newbrander, Ordinance No. 292 was passed to second reading by unanimous vote. B. CONSIDERATION OF AN APPROVAL FOR TT 18027 (AMENDMENT)t ALLOWING CONSTRUCTION OF 10 CONDOMINIUM UNITS IN THE PR-7, S.P. ZONE (PLANNED RESIDENTIAL, 7 D.U./ACRE, SCENIC PRESERVTION OVERLAY) LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FUTURE EXTENSION OF FAIRHAVEN DRIVE. CASE NO. TT 18027 (AMENDMENT), MOE HOFFMAN, HOFFMAN BUILDERS, INC., APPLICANTS. Mayor Wilson declared the Public Hearing Open and asked for Staffs report. Mr. Diaz reviewed the report indicating that the amendment was necessary because the applicant wishes to develop 10 residential units as condominiums as opposed to the original approval of one duplex unit on the 5 lots, a private street and a remaining parcel on which 10 residential units were to be constructed. He concluded by stating Staff recommended approval of the request. Councilman Puluqi asked if the City would be losing a street. Mr. Diaz responded that we would not. This had been brought up as a part of the Tentative Tract approval where the street that would go in off the extension of Fairhaven was never a dedicated/accepted public street. It was realigned to have a T intersection at Fairhaven. If indeed that was a public street, then someone did not do a very good job of maintaining it. The City never abandoned it since it was never a public street. Councilman Snyder stated he felt that Parkview had always gone through there. He stated there had always been a T intersection there, and the only thing we had done was give up a street. Councilman McPherson pointed out this had been reviewed once before and the street had been found to be dedicated but never accepted. Considerable discussion followed relative to the proposed street realignment with a suggestion that the matter be continued to allow Staff time to clarify Council's concerns. -3- MINUTES REGULAR CITY COUNCIL MEETING MARCH 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson invited input from the applicant, and it was noted he was not present. He invited public input. MR. GEORGE RAYMOND, 72-862 Parkview, Palm Desert, addressed Council as an adjacent property owner and asking about the common wall the developer had agreed to put in. He objected to having to pay to remove his current fence when the new wall was built. Mr. Diaz pointed out that common wall issue had been made a condition of approval at the Tentative Tract hearing and also pointed out that the property being considered by Council now was not adjacent to Mr. Raymond's property but across a street. Council suggested Mr. Raymond contact Staff or the developer. Upon motion by McPherson, second by Newbrander, the item was continued to the meeting of April 8, 1982, by unanimous vote. Council expressed concern that the applicant had not been present to address questions raised. C. CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE RELATING TO AMUSEMENT ARCADES. CASE NO. ZOA 02-82, CITY OF PALM DESERT, APPLICANT. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report indicating the amendment would clarify what constitutes an amusement arcade as well as adding new restrictions for their operation. He noted that originally staff had proposed 3 or more machines as constituting an arcade. However, after a study was made and because it was not the intent of the ordinance to create a hardship on existing merchants who have arcades, the number of 5 was determined more feasible. Staff recommended approval of the ordinance. Mayor Wilson invited public input. MR. BOB McGUIRE, 44-099 Vigo Court, Palm Desert, addressed Council in opposition to allowing any arcades in town in that he felt they contributed to juvenile delinquency. Councilman McPherson responded that it had been determined unconstitutional by the Supreme Court to prohibit the arcades. Mayor Wilson declared the Public Hearing Closed. Councilman Newbrander said she was against having arcades anywhere in the City and felt the ordinance should be more restrictive. Councilman Puluqi agreed. Upon motion by McPherson, second by Wilson, Ordinance No. 293 was passed to second reading by a 3-2 vote, with Councilmen Newbrander and Puluqi voting NO. IX. RESOLUTIONS A. RESOLUTION NO. 82-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROPRIATING ADDITIONAL FUNDS TO THE SAN PASCUAL CHANNEL, CONTRACT NO. 1034, TO PROVIDE FOR CONCRETE OVERRUN. Mr. Bouman stated Staff requested continuance of this item to the next meeting. Upon motion by McPherson, second by Puluqi, Resolution No. 82-27 was continued to the meeting of April 8, 1982, by unanimous vote. -4- MINUTES - REGULAR CITY COUNCIL MEETING MARCH 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. RESOLUTION NO. 82-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR THURSDAY, APRIL 22, 1982, TO CONSIDER A VACATION REQUEST AT THE NORTHWEST CORNER OF PALM DESERT DRIVE AND SAN CARLOS AVENUE. Mr. Bouman explained that the property owner had requested this vacation of property as it is no longer needed by the City for right of way. This resolution would set a time and place for a public hearing to consider the matter. Upon motion by McPherson, second by Snyder, Resolution No. 82-28 was adopted by unanimous vote. C. RESOLUTION NO. 82-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO NEIGHBORHOOD WATCH MONTH. Mr. Bouman advised that this resolution was presented to Council at the request of the State Attorney General and Staff recommended adoption. Upon motion by Snyder, second by McPherson, Resolution No. 82-29 was adopted by unanimous vote. D. RESOLUTION NO. 82-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, URGING STATE LEGISLATORS TO DISAPPROVE THE ABSORPTION OF LOCAL ASSISTANCE FUNDS IN THE CALIFORNIA AIR RESOURCES BOARD'S BUDGET. Mr. Bouman stated that this resolution followed a request by the South Coast Air Quality Management District because the State Air Resources Board is attempting to usurp some of the power and funds which had previously been delegated to local air quality management districts. This resolution would try to prevent that from happening by urging legislators to oppose the bill. Upon motion by Newbrander, second by McPherson, Resolution No. 82-30 was adopted by unanimous vote. E. RESOLUTION NO. 82-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NOS. 74-51 AND 76-93, RELATING TO CHARGES FOR FURNISHING COPIES OF PUBLIC RECORDS. Mr. Bouman stated that the last time we had a look at these charges we assess to the public and others for copies of public records was 6 years ago, and this action would bring us up to date. The costs proposed are strictly on a non-profit basis inasmuch as we do this as a public service. He noted that the word "Amending" in the title should be replaced with "Rescinding". Upon motion by Newbrander, second by McPherson, Resolution No. 82-31 was adopted by unanimous vote. X. ORDINANCES For Introduction: A. ORDINANCE NO. 294 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 27, "GRADING", OF THE PALM DESERT MUNICIPAL CODE. -5- MINUTES REGULAR CITY COUNCIL MEETING MARCH 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated this ordinance had been discussed with Council in Study Session. It was done in conjunction with the Department of Environmental Services, Public Works, and Building & Safety. Basically, it tightens up the City's grading regulations, making it more restrictive, establishing a double fee payment for grading done without a permit, requiring a grading bond or other surety at 100% of the grading estimate to ensure it is completed, and prohibiting the granting of a building permit until grading has been certified and finalized by a civil engineer. It also establishes erosion control standards, standards for drainage devices on any slope area, sets forth terracing and drainage requirements and specific standards for grading of slopes and hillside areas. Staff recommended approval. Upon motion by McPherson, second by Newbrander, Ordinance No. 294 was passed to second reading by unanimous vote. For Adoption: A. ORDINANCE NO. 291 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE SUBDIVISION ORDINANCE. Mr. Bouman advised that no additional input had been received since first reading. Upon motion by Newbrander, second by Puluqi, Ordinance No. 291 was adopted by a 4-0-1 vote with Councilman McPherson ABSTAINING inasmuch as he had not been present at the previous meeting. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. CIVIC CENTER CALL FOR BIDS Mr. Bouman stated that in accordance with the schedule that had been given to us by our architects and planners, we have their final cost estimate for the civic center construction at $2.4 Million. Even though we are a little dismayed at that because Staff feels it is high, he stated we will be disappointed if we don't get actual construction bids that are somewhat lower than that. It is within budget and there is money set aside in that amount. He requested Council adopt a Motion instructing Staff to prepare notices and call for bids for construction of the complex. -6- MINUTES - REGULAR CITY COUNCIL MEETING MARCH 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman McPherson moved to instruct Staff to prepare notices and call for bids for the construction of the Civic Center Complex. Councilman Newbrander seconded the motion. Motion carried by unanimous vote. 2. RESOLUTION NO. 82-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET TO PROVIDE AN APPROPRIATION FOR RIGHT-OF-WAY ACQUISITION. Mr. Bouman stated that this resolution requests Council to appropriate the sum of $17,000 from the Unobligated Fund Balance from the General Fund to Right -of -Way Acquisition. This will complete our monetary needs to acquire the necessary property for right-of-way for the widening on the east side of Monterey Avenue. Councilman McPherson moved to waive further reading and adopt Resolution No. 82-32 with direction to Staff to put this in the Redevelopment Agency budget for reimbursement to the City. Councilman Snyder seconded the motion; carried unanimously. 3. RESOLUTION NO. 82-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET TO PROVIDE AN ADDITIONAL APPROPRIATION FOR PUBLIC WORKS' CORPORATION YARD. Mr. Bouman noted that Council instructed Staff to negotiate for the purchase of a piece of property on Joni Drive in the service industrial area for a public works yard for the City. Staff did successfully negotiate that purchase at a cost of $245,000. It is a very good and adequate building for our use and in order to finalize the purchase, this resolution is required. Mr. Bouman noted two amendments to the ordinance: "WHEREAS, the acquisition of said property is consistent with the City's adopted General Plan;" and "BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to accept such property on behalf of the City and authorized to record said deed." Upon motion by McPherson, second by Newbrander, Resolution No. 82-33 was adopted, as amended, by unanimous vote. 4. HILLSIDE DEVELOPMENT Mr. Bouman reported this came as a result of the City's Hillside Development Committee, particularly in the area west of Highway 74, where as a result of recent discussions, we have found some contradictions between an existing adopted Specific Plan, our zoning regulations, our Hillside Development Overlay zone and Drainage Zone. In order to get this thrashed out once and for all, the results of that meeting were to request the Council to approve a direction to Staff to restudy the entire matter and find a way to either revise the existing Specific Plan for that area, the zoning maps, the zoning, or all three. Councilman McPherson moved to instruct Staff to prepare a new Specific Plan for the Hillside Areas in the most expeditious manner. Councilman Puluqi seconded the motion; carried unanimously. 5. RESOLUTION NO. 82-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING AB 2660 AFFECTING THE SOUTH COAST AIR MANAGEMENT DISTRICT. Mr. Bouman reported this resolution was in response to a letter -7- MINUTES REGULAR CITY COUNCIL MEETING MARCH 25, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * from the South Coast Air Quality Management District. This is similar to a concern already covered in a previous item. There is being considered by the Legislature AB 2660 which would tamper with the makeup of the South Coast Air Quality Management District by removing four locally designated members on the Board and replacing them with four members to be appointed from Sacramento. He noted Mayor Doyle of Palm Springs had written asking that the Council adopt a resolution that was also supported by Supervisor McCandless. Upon motion by McPherson, second by Puluqi, Resolution No. 82-35 was adopted by unanimous vote. XVII. 6. FUTURE MEETINGS Mr. Bouman noted that the Study Session of April 1st as listed in the Future Meeting schedule was to be cancelled. 7. CLOSED SESSION Mr. Bouman requested a Closed Session of both the Council and Agency for the purpose of discussing litigation. The Closed Session would be held immediately following adjournment of the Redevelopment Agency Meeting. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL None ADJOURNMENT Upon motion by McPherson, second by Newbrander, and unanimous vote, Mayor Wilson adjourned at 8:10 p.m. to Closed Session to immediately follow the Redevelopment Agency Meeting. Mayor Wilson reconvened the meeting at 9:02 p.m. and immediately adjourned with no action taken. ATTEST: • SHEILA R. GILLIGAN, CIT y4PLERK CITY OF PALM DESERT, C LIFORNIA -8-