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HomeMy WebLinkAbout1982-10-14MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 14, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson III. 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 Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Paul E. Byers, Director of Finance Ramon A. Diaz, Director of Environmental Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE TO CHARLES MILLER IN APPRECIATION OF HIS SERVICE AS PLANNING COMMISSIONER. Mayor Wilson stated the City had been very fortunate to have had the dedicated service of Mr. Charles Miller as a Planning Commissioner. He thanked Mr. Miller and stated the Council hoped he would be willing to come back and serve in other capacities at the City in the future. Mr. Miller accepted the Plaque of Appreciation and thanked the Council. He said the Planning Staff was one of the finest he had ever worked with and commended them. B. RESOLUTION OF APPRECIATION PRESENTED TO LLOYD T. MORGAN, RETIRED CITY EMPLOYEE. Mayor Wilson read the Resolution of Appreciation and presented it and a five-year service pin to Mr. Morgan with the Council's thanks for his dedicated service. Mr. Morgan accepted the resolution and stated his fondness for the City staff as well as how much he had enjoyed working for the City. C. RESOLUTION OF APPRECIATION PRESENTED TO CECIL T. HARTMAN, RETIRED CITY EMPLOYEE. Mayor Wilson read the Resolution of Appreciation and presented it and a five-year service pin to Mr. Hartman, extending the Council's thanks for his dedicated service. Mr. Hartman accepted the resolution and stated his appreciation to the City. MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 23, 1982. Rec: B. MINUTES of the Special City Council Meeting of September 30, 1982. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-032, 82-033, and 82-034. Rec: Approve as presented. D. REQUEST FOR PRORATED REFUND OF PRIOR FISCAL YEAR BUSINESS LICENSE, 1981-82, PALM DESERT EXXON STATION, APPLICANT. Rec: Approve the request and authorize a refund in the amount of $58.29. E. REQUEST FOR APPROVAL OF SPORTS COMPLEX CHANGE ORDER. Rec: Approve the Change Order in the amount of $25,650. F. REQUEST FOR RELEASE OF SURVEY MONUMENTATION CASH DEPOSIT FOR TRACT 13559, PDR ASSOCIATES, APPLICANT. Rec: Approve the request and authorize the release of the cash deposit. G. REQUEST FOR APPROVAL OF FINAL TRACT MAP FOR TRACT 18165, GILANO DEVELOPMENT CO., APPLICANT. Rec: Waive further reading and adopt Resolution No. 82-134, approving the Final Tract Map. Councilman Newbrander asked that Item "G" be removed from the Consent Calendar for discussion under Section X of the Agenda. Upon motion by Puluqi, second by Newbrander, the Consent Calendar, with the exception of Item "G", was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. RALPH WOOD, Vice Chairman of the City's Street Beautification Committee, addressed Council with a recommendation from the Committee that the speed on Highway 111 be reduced to 35 mph so that palm trees could be planted in the median strip and that all signs on Highway 111 be reviewed, made consistent, and replaced where they are missing. In addition, the Committee recommended that the traffic signal installation at San Luis Rey be expedited. Mayor Wilson asked that the Director of Public Works review the requests to determine what could be done. Councilman Newbrander noted that Caltrans did not object to palm trees, but any kind of tree if the speed limit was over 35 mph. VIII. PUBLIC HEARINGS A. REQUEST FOR CONFIRMATION OF ASSESSMENTS ON PROPERTY OWNttt 1N 1 lit C:11 Y Ul PALM DtStk 1 lU1t ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Bouman reported that this was a standard process in which the -2- r r MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Council is asked to confirm assessments where the City has had to abate public nuisances such as lot cleaning, fire hazards, etc. Mayor Wilson invited public input. With none offered, he declared the Public Hearing closed. Upon motion by Newbrander, second by McPherson, Resolution No. 82-135 was adopted by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION GRANTING APPROVAL OF AN AMENDMENT TO A DEVELOPMENT PLAN FOR A 204 UNIT HOTEL WITH ANCILLARY RESTAURANT ON THE NORTH SIDE OF HIGHWAY 111, 650 FEET EAST OF DEEP CANYON ROAD, CASE NO. DP 07-81 (AMENDMENT NO. 1) — JOSEPH RAPKIN AND WAYNE BARLOW, MRS JANE SCHELBLE, DR. JAMES SCHELBLE, MRS. LYANNE PENNIE AND BEVERLY CLARK, APPELLANTS. Mayor Wilson declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the staff report stating that the Planning Commission had approved the development plan for 9.32 acres rather than the originally approved 20.5 acres. Subsequent to that approval, several appeals had been filed primarily based on environmental concerns, concerns about the viability of the project, whether or not the project was contrary to good planning practice, and impacts on the adjacent property. He reviewed staffs reponse to the appeals which supported the Planning Commission decision. In conclusion, Mr. Diaz noted that he had received a letter from Mr. Rapkin's attorney that afternoon wherein Mr. Rapkin withdrew his appeal. Mayor Wilson invited public input, and the following was offered. MR. BERNARD SOLOMON, 73-185 Iron Tree, Palm Desert, addressed Council as the applicant and noted his concurrence with the staff report. MR. JAMES SCHELBLE addressed Council for Mr. Wayne Barlow, et. al., stating they did not wish to see the back of the hotel from their homes nor did they want to be bothered by lights from the tennis courts. Mr. Diaz responded that these concerns had been addressed showing on a map where the tennis courts would be located as well as the location of the back of the hotel in relation to adjacent dwellings. He advised that the tennis courts would have a buffer to eliminate light spill. Mayor Wilson declared the Public Hearing closed. Upon motion by Puluqi, second by McPherson, Resolution No. 82-136, denying the appeal, was adopted by unanimous vote of the Council. C. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT PERMITTING IDENTIFICATION SIGNS HAVING AN AREA NOT TO EXCEED 35 SQUARE FEET FOR ANY "URGENT CARE FACILITY" — CASE NO. ZOA 10-82, CITY OF PALM DESERT, APPLICANT. Mayor Wilson declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the report stating that the ordinance had been prepared at the direction of Council after they had approved a sign for the Palm Desert Medical Center. He reviewed the provisions of the proposed ordinance. -3- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He pointed out that the Planning Commission had recommended denial of the proposed amendment primarily due to the fact that in their opinion, an urgent care facility did not differ substantially from a typical doctor's office in the service provided other than in the hours of operation. He concluded by reviewing Council's alternatives which included adopting the amendment or sending it back to the Commission for further review and consideration of alternatives. Mayor Wilson invited public input, and the following was offered. MR. ROBERT GEORGE, Imperial Sign Company, Indio, California, addressed Council in support of the amendment and stating that this type of facility needed additional signage. MR. JIM ENGELL, Imperial Sign Company, Indio, California, in support of the amendment. MR. DEAN COLE, 72-740 Carab Court, Palm Desert, stated if this firm had additional signage, everyone should receive the same consideration. Mayor Wilson noted that he had received a letter from a representative of Palm Desert Medical Center that indicated they were withdrawing their request. He read the letter (attached and made a part hereof as Exhibit "A"). MR. ROBERT GEORGE responded to the letter by stating that the doctors did not wish to commit to specific hours of operation, which the ordinance would make mandatory, and this was their reason for withdrawing or not pursuing the request further. Councilman Snyder movcd to continue the item to the meeting of October 28, 1982, to allow staff time to talk with the representatives of the Center. After discussion, Councilman Snyder withdrew his motion. Councilman Puluqi stated he was in favor of the amendment. Councilman Snyder pointed out that this size sign was not prohibited under our Sign Ordinance, but that in this instance, the landlord had taken most of the signage for the building. Councilman Puluqi moved to waive further reading and pass Ordinance No. 317 to second reading. Motion died for lack of a second. Mr. Erwin advised Council that if they did not wish to approve the amendment, no action should be taken. Mayor Wilson declared the Public Hearing closed. Council took no action on proposed Ordinance No. 317. D. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT REDUCING THE REAR AND SIDE YARD SETBACKS IN THE S.I. (SERVICE INDUSTRIAL) ZONE -- CASE NO. ZOA 09-82, CITY OF PALM DESERT, APPLICANT. Mayor Wilson declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the report and stated it was staff's recommendation to approve the amendment. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing closed. Upon motion by McPherson, second by Newbrander, Ordinance No. 320 was passed to second reading by unanimous vote of the Council. -4- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. RESOLUTIONS A. RESOLUTION NO. 82-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONTRACT FOR PROFESSIONAL ADVERTISING AND PROMOTIONAL SERVICES WITH DAVIS do ASSOCIATES ADVERTISING COMPANY. Mayor Wilson noted that the City Council and staff had reviewed a presentation by the proposed advertising company in Study Session. Mr. Bouman advised that the City Attorney had reviewed the proposed contract and that while it was satisfactory in content, some of the wording should be changed such as "Advertising Committee" should be changed to read "City". Councilman McPherson complimented the committee for the excellent work in interviewing agencies and selecting this particular firm with which he was very impressed. He stated he felt that the committee should be made a commission with the responsibility and authority of approval of the advertising and promotional activities of the City. Council concurred and staff was directed to prepare an ordinance which would create such a commission. Councilman McPherson moved to waive further reading and adopt Resolution No. 82-137, approving a contract with Davis do Associates, said contract signing contingent upon specified languange revisions to be made by the City Attorney. Councilman Newbrander seconded the motion. Motion carried unanimously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 318 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE ESTABLISHMENT AND GRANTING OF FRANCHISES OR PRIVILEGES FOR THE CONSTRUCTION, MAINTENANCE AND COOPERATION OF CABLE COMMUNICATION, OR CABLE TELEVISION SYSTEMS AND FURTHER PROVIDING FOR THE CONTINUING REGULATION AND ADMINISTRATION OF THESE FRANCHISES AND THE ACTIVITIES RELATIVE TO THEM. (Continued from the meeting of September 9, 1982.) Mr. Bouman reported that the Coachella Valley Television Company had just received their revisions and had asked for a continuance to allow their parent company time to review them and make comments. Upon motion by Snyder, second by McPherson, and unanimous vote of the Council, the item was continued to the first meeting in November. B. ORDINANCE NO. 321 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 5.84 (HANDBILLS) AND CHAPTER 5.88 (SOLICITING, HAWKING, AND PEDDLING) AND PROVIDING FOR A NEW ORDINANCE REGARDING DISTRIBUTION OF LITERATURE, PEDDLING, AND SOLICITATION. Mr. Bouman reviewed the provisions of the ordinance noting that it would prohibit door-to-door soliciting and distribution of handbills except under certain specified provisions. MR. TIM JOHNSON, 43-101 Portola Avenue, Palm Desert, addressed Council asking how this would affect political material. Mr. Erwin responded that it would not prohibit the distribution of such material but would contol the method of distribution. Upon motion by Newbrander, second by McPherson, Ordinance No. 321 was passed to second reading by unanimous vote of the Council. -5- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 316 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING AMBULANCE SERVICES AND REPEALING ORDINANCE NO. 290. Mr. Bouman stated no additional input had been received since first reading of the ordinance. Upon motion by Snyder, second by Puluqi, Ordinance No. 316 was adopted by a 4-0-1 vote of the Council with Councilman McPherson ABSTAINING. B. ORDINANCE NO. 319 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ISSUING A NON- EXCLUSIVE LICENSE TO THE SUNRISE COMPANY TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE. Mr. Bouman stated no additional input had been received since first reading of the ordinance. Upon motion by Newbrander, second by McPherson, Ordinance No. 319 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER G. REQUEST FOR APPROVAL OF FINAL TRACT MAP FOR TRACT 18165, GILANO DEVELOPMENT CO., APPLICANT. Councilman Newbrander stated she had asked this item be discussed to assure that the developer had met all conditions placed on him. Mr. McClellan responded that the developer had paid all required fees and that while he had not posted all required bonding, our ordinance allows for this surety's posting for a period not to exceed 60 days following approval of the final tract map. Upon motion by Newbrander, second by McPherson, Resolution No. 82-134 was adopted by unanimous vote of the Council. XIl. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR CONTRACT NO. 1050, SAN PASCUAL CHANNEL PHASE II. Mr. McClellan reviewed the staff report stating the proposed channel is a key element of the Master Storm Drain Plan and was necessary to accommodate the storm drain installation in Fred Waring Drive scheduled for next fiscal year. Councilman Newbrander moved to authorize the City Clerk to advertise and call for bids for Contract No. 1050. Councilman Puluqi seconded the motion. Motion carried by unanimous vote of the Council. B. REQUEST FOR AUTHORIZATION OF PAYMENT OF OVERRUN ON SAN PASCUAL CHANNEL PHASE I FROM BUDGETED FUNDS FOR SAN PASCUAL CHANNEL PHASE II. Mr. McClellan reviewed the staff report and stated it was staff's recommendation that the amount of $26,643 be paid the contractor. Councilman Puluqi stated he did not see how there should be so much discrepancy as well as his feeling that the original City offer of $19,302.80 should be the amount paid. Mr. McClellan stated the final amount had been decided through mutual agreement with the contractor as to the tests and averages taken. Councilman McPherson moved to authorize the City Treasurer to disburse -6- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 * * * *. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1 funds from San Pascual Channel Phase II account for the overrun on last year's San Pascual Channel Phase I Project. Councilman Newbrander seconded the motion. Motion carried on a 4-1-0 vote with Councilman Puluqi voting NO. D. REQUEST FOR PERMISSION TO MAKE PAYMENT OF DRAINAGE FEES ON AN INDUSTRIAL PARCEL AS EACH PARCEL IS DEVELOPED, HOUSLEY ASSOCIATES, APPLICANT. Mr. McClellan reviewed the staff report and stated it was staffs recommendation that the request be approved. Councilman McPherson moved to authorize collection of the drainage fee for Parcel 1 upon final approval and to collect drainage fees on Parcels 2, 3, and 4 at the time of development. Councilman Newbrander seconded the motion. Motion carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B MR. TIM JOHNSON, 43-101 Portola Avenue, Palm Desert, addressed Council stating he had been talking with many residents of the City as a Council candidate and would be happy to share his notes with anyone interested. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR AWARD OF BID FOR PORTOLA AVENUE & HOVLEY LANE INTERSECTION RECONSTRUCTION. Mr. Bouman reported that after the agenda had been prepared, bids had been received for this project. Staff was anxious to proceed and therefore recommended award of contract to the low bidder, Matich Corporation, in the amount of $31,725.00. Councilman Newbrander moved to award Contract No. 1055 to Matich Corporation and authorize the Mayor to execute the contract. Councilman McPherson seconded the motion; carried by unanimous vote of the Council. 2. REQUEST FOR VARIANCE TO FLOOD DAMAGE PREVENTION ORDINANCE Mr. Bouman reported that the Living Desert Reserve was constructing a maintenance and storage facility and did not wish to comply with the flood control ordinance requirements inasmuch as the major flood control work in the Deep Canyon area has already been completed and already protects this property from flooding. Upon motion by McPherson, second by Puluqi, Resolution No. 82-138 was adopted by unanimous vote of the Council. 3. REQUEST FOR AUTHORIZATION TO RECRUIT FOR CROSSING GUARD FOR THE LINCOLN AND MIDDLE SCHOOLS. Mr. Bouman reported that based on a report made by Mr. McClellan in Study Session, there was justification for a crossing guard at the two schools. He asked for Council's approval for recruitment and hiring for such a position. Upon motion by McPherson, second by Newbrander, to authorize staff to recruit and hire a crossing guard for Rutledge Way and Portola Avenue at the Middle MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * School. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY N one C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the future meetings listed on the agenda. He also stated that Council would return to Study Session to complete that agenda immediately upon adjournment of the Council meeting. XVII. ADJOURNMENT Upon motion by McPherson, second by Snyder, and unanimous vote of the Council, Mayor Wilson adjourned the meeting at 8:47 p.m. ATTEST: SHEILA R. GILL i°/ N, CITY CL CITY OF PALM I ESERT, CA RNIA '/ / WILSON, MAYOR -8- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" September 28, 1982 The Honorable S. Roy Wilson Mayor Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 RE: Case Number VAR02-82--Palm Desert Medical Center Dear Mayor Wilson: On behalf of the Palm Desert Medical Center, I wanted to take this opportunity to thank you, Councilman Puluqui and Councilman Snyder for your support on the above referenced matter. As you may recall, the Council directed Mr. Diaz to draft an amend- ment to section 25.68.040 of the Municipal Code to permit a minimum of 35 s.f. of signage for Urgent Care Centers. Mr. Diaz and I worked together to draft the language of the amendment which was presented to the Planning Commission on August 31, 1982. You are probably aware by now that the Planning Commission denied the amending of the ordinance. You may also recall the tremendous community support both at the Planning Commission and City Council meetings for our request. It is inconceivable to me that the Planning Commission would once again deny our request for adequate signage. In my opinion, they are totally unresponsive to the needs of the community and I would hope that in the near future, these members would be elected rather than appointed. Perhaps in this way they would be more responsive to the community. It is my understanding that the Planning Commissions decision may once again be appealed to the City Council if we choose to do so. However, after further discussion with the Medical Center par- ticipants we have decided not to pursue this matter any further. This is indeed regrettable as we feel that the Urgent Care Facility with extended hours would benefit the Community and reduce health care costs. -9- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 14, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" The Honorable S. Roy Wilson September 28, 1982 Page 2 Again, thank you for your support and if I may be of assistance to you in the future please do not hesitate to contact me. Sincerely, Fredrick W. dges Administrator ec cc: Councilman Puluqui Councilman Snyder Martin J. Bouman, City Manager -10- .. _ _-5,-.,': ",.ds.