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HomeMy WebLinkAbout1983-04-28MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 28, 1983 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Puluqi called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Mayor Pro-Tempore Walter H. Snyder IV. ROLL CALL Present: Councilman Phyllis Jackson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman S. Roy Wilson Mayor Romeo S. Puluqi Also Present: Carlos L. Ortega, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO BUILDING BOARD OF APPEALS CONDEMNATION. Mayor Puluqi announced that he had appointed Mr. Al Cook to another 5-year term on the Board noting that Mr. Cook had served the City well in this capacity in the past and was willing to continue serving. He asked for Council's ratification of the appointment. Councilman Jackson moved to ratify the appointment of Al Cook to a 5-year term on the Building Board of Appeals do Condemnation. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Council. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION XI, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Special Meeting of the City Council of April 12, 1983. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. MINUTES of the Regular Meeting of the City Council of April 14, 1983. Rec: Approve as presented. C. MINUTES of the Adjourned Meeting of the City Council of April 19, 1983. Rec: Approve as presented. D. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-101 and 83-102. Rec: Approve as presented. E. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MARCH, 1983. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Chaparral Country Club, 100 Chaparral Drive, Palm Desert, California 92260. Rec: Receive and file. G. CLAIM AGAINST THE CITY By Avalon E. Warren In An Unspecified Amount. Rec: Deny the Claim and instruct the City Clerk to notify the claimant. H. CLAIM AGAINST THE CITY By L. Clyde Beebe In An Unspecified Amount. Rec: Receive and refer to City Manager for report and recommendation. I. CLAIM AGAINST THE CITY By Gregory E. Harris in the Amount of $78.17 for Alleged Automobile Damage. Rec: Deny the Claim and instruct the City Clerk to so advise the claimant. J. REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO. 1046, PORTOLA AVENUE STREET WIDENING IMPROVEMENTS. Dec: Accept the work as complete and instruct the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. Upon motion by Wilson, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A N one VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF AN ORDINANCE TO ESTABLISH A MOBILE HOME PARK BOARD AND ESTABLISH MAXIMUM RENT INCREASES FOR USE OF SPACE WITHIN A MOBILE HOME PARK. (Continued from the Meeting of February 24, 1983.) Mayor Puluqi noted the Public Hearing was still open from the previous meeting and called on Mr. Ortega for further input. Mr. Ortega noted that the ordinance being considered had been changed from that of the previous meeting and called on Mr. Diaz. Mr. Diaz stated that the City Attorney had felt the City should complete an EIR -2- MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * on the ordinance as well as make certain changes to the ordinance. Thus the item had been continued to this meeting. He stated that a Declaration of Negative Environmental Impact had been made which Council should adopt. In addition, the ordinance had been changed to make the Council the review board and changes had been made to the review process in accordance with the City Attorney's recommendations. Mayor Puluqi invited testimony in FAVOR of the ordinance, and the following spoke reading prepared statements (on file and of record in the City Clerk's Department): MR. WILBUR VALLEY, representing the tenants of Portola Palms Mobile Home Park. MR. BILL HART, representing the tenants of Palm Desert Mobile Estates. MR. NICK CIMINO, 280 Pampus Lane, on behalf of the tenants of Indian Springs Mobile Home Park. MR. FRANCES MALLORY, on behalf of the tenants of Indian Springs Mobile Home Park. MR. KEN PAINE, on behalf of the tenants of Indian Springs Mobile Home Park. Mayor Puluqi invited input in OPPOSITION to the ordinance, and the following spoke: MR. DICK BESSERE, 19777 N. Gary Street, San Bernardino, California, addressed Council as Manager of Leasco, property managers for Silver Spur Mobile Home Park. MR. BRUCE BEDIG, co-owner of Silver Spur Mobile Home Park. MR. JIM GOLDSTEIN, 2800 28th Street, Santa Monica, as owner of Indian Springs Mobile Home Park. MR. RAY VanALLSTEIN, owner of Palm Desert Mobile Estates. MS. DEBORAH HARTOGENSIS, representative of Western Mobile Home Association. MR. DON DURANT for MRS. RIGDON, owner of Portola Palms Mobile Home Park. Mayor Puluqi called a l0-minute recess at 8:40 p.m. and reconvened at 8:50 p.m. Mayor Puluqi invited testimony in rebuttal, and the following spoke: MRS. RUTH WALLIS, Golden State Mobilehome Owners League. MR. BOYD THOMPSON, Golden State Mobilehome Owners League. MR. NICK CIMINO, Silver Spur Mobile Home Park. MR. BRUCE BEDIG, co-owner of Silver Spur Mobile Home Park. MR. RAY Van ALLSTEIN, Palm Desert Mobile Estates. Mayor Puluqi declared the Public Hearing closed. Councilman Jackson asked Dave Erwin how the Capistrano court decision would affect our ordinance. Mr. Erwin replied he had not read the decision. -3- MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson asked Mr. Ortega his overall impression of the negotiating meetings he had attended and had there been negotiation in good faith on both sides? Were some parks close to an agreement? Mr. Ortega responded that he had attended 4 negotiations -- two at Silver Spur, one at Indian Springs, and one at Portola Palms. On only one occasion was an owner not present and that was at Silver Spur; however, he had attended the last one. He felt the City's impetus had caused the park owners to negotiate in good faith. He could not comment on what it would have been otherwise. They had made proposals and his impression was that their proposals were not cast in concrete, but there was some negotiations on the side of the tenants. He thought the tenants had some very capable people on their side, people who understand finances and figures, and that had been evidenced. There had been no total settlements. He thought there had been some agreements on some of the points in all cases. There were some that, in his opinion, with a little more work could reach some agreements. However, the quandry that the City would be in would be how to keep that impetus so that both sides could continue to negotiate in good faith. Councilman Jackson stated "I did have some grave concerns and that was one of the reasons for my question to our City Attorney concerning the court decision and what effect it could have on an ultimate rent stabilization ordinance such as this and were a park owner to prevail as far as hardship was concerned. But, I think one of my greatest concerns, and I have, believe me, great sympathy for the tenant, in fact I have more concerns tonight than I had in the past, simply because of some of the statements made concerning the conditions, conditions of the parks, that that distresses me a little because I thought we were protected by Civil Code in that area. I have no proof or evidence. One of my concerns for the tenants in the event of this type of ordinance is the high cost that could be borne by the tenants or the losing party, as is indicated in the ordinance and some of the figures that I have read when you get down to this type of a public or of a court hearing which is more or less an administrative law judge type of hearing which is very impersonal, almost court -like atmosphere. The hearing officer or administrative law judge, whatever you want to call it, is an impersonal party who really has no personal interest or really doesn't care other than he sits and listens to the facts on both sides. My concern there is that the cost involved in one of these is generally quite high because you're going to be involved with what you might term a court reporter. In most instances there will be probably attorneys on both sides along with the costs of that hearing officer alone. Then the losing party, of course, is charged. It is proven that it's a frivolous appeal, it could be also then the attorneys fees -- borne by the loser. I think there's a lot of aspects there for a tenant to consider down the road. I have a feeling throughout this whole testimony that we've received, and from Mr. Ortega's comments as well, that everybody is just on the verge of reaching an agreement." Councilman Snyder stated: "I have a few things to say. I have a very difficult time. As some of you know, my background has been many years in a corporation, and I'm strongly in favor of the free enterprise system, and I don't believe that governments should rule me or get themselves mixed up or try to rule the world. But, I also believe that we have tried diligently to try to find a way to come to an agreement. We started this back a year ago last May when we, the Council, tried to find a way to get the park owners and the renters together. We have twice questioned and requested that you do indeed do this. It seems peculiar to me that all of a sudden, the last day before a meeting where we are charged with the responsibility of either approving or disapproving an ordinance, meetings are being held. If this was my business, believe me I would have held those meetings some time ago, and I would have attempted to come to some kind of conclusion within this year that we have begged this to be done. Now I realize that this is a highly emotional situation. I realize that there are points on both sides. I. think whatever decision we make tonight is going to be very questioned, but I believe that we have done what we can do to find a -4- MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * way to not intervene, not participate, and have the people in the park and the owners find a way to do it. It seems that they can't. So apparently it looks like we're going to have to assist and maybe after we have done this, we'll find a better way. But, it seems like there has to be some impetus to accomplish what we're trying to do, and I believe Pm ready to move towards that impetus." Councilman Wilson stated: "I think all of us, it's not just the Council, are in a no -win position right now. I think the tenants have some good reason, the residents have good reasons why they want the rent control ordinance. I think they believe it would give them security. I believe it will give them some security, but I am convinced and strongly believe if we go ahead and pass this tonight, a few years from now you're going to be sorry we did it. I don't think it's the perfect answer to everything. It's also -- I have some qualms with the park owners. If I were a park owners, as I look at this ordinance that's before us, quite frankly if I were a resident, I'd be skeptical of it. The cost, the legal cost, that's going to be hitting your pocketbooks when you start appeal. If a park owner gives you a request for a raise in rent, fifty percent of you get it, and you can take it to the appeal process and you pay for the appeal process. You're going to be paying for an administrative law judge to take hours and hours of testimony — believe me, I've given a little testimony before the Public Utilities Commission's administrative law judge, and if you think that's a pleasant task and if you think it's a very easy negotiating task, you're being misled by your organization. Quite frankly, however, if I were a park owner, I would favor this ordinance. It makes it pretty cut and dried, pretty clear; you've got an automatic increase every year, no questions, no problems. If you want pass- throughs, you get pass-throughs. All you have to do is go before the judge and say my sewers are going out, I need more costs, give me my pass -through; you're going to get your pass -through. Quite frankly, I would expe-t the opposite sides to be arguing on this issue. I believe that we elected officials are charged with the responsibility of representing the wishes of our residents, and I think as I read those wishes that it is to adopt a rent control ordinance for mobile homes." Councilman Kelly moved to waive further reading and pass Ordinance No. 329 to second reading. Councilman Snyder seconded the motion. At this point, Mr. Erwin pointed out several blanks in the ordinance which needed to be filled in. Mr. Daiz noted that Items A and B of Section 6, page 3, should have a date entered. Council concurred that it should be April 28, 1983, with the number 20 to be inserted in the next line indicating number of spaces. Mr. Diaz asked if the Council should take action certifying the negative declaration of environmental impact. Mr. Erwin pointed out this was a part of the ordinance and should not be. Mayor Puluqi called for the vote and the motion passed unanimously with Councilman Jackson voting AYE but requesting that Council comments be recorded for the record. B. CONSIDERATION OF PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY OF ALL OR PART OF THE COSTS OF AN INFORMATION CENTER/CHAMBER OF COMMERCE BUILDING. (Continued from the Meeting of April 14, 1983.) Mr. Ortega reported this item appeared on the Council agenda in error and that it would be taken up on the Redevelopment Agency agenda. No action was required of the Council at this time as necessary action had been taken at the previous meeting. C. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE ADDING CHAPTER 8.32 AS THE "PALM DESERT VEHICLE PARKING AND REPAIRS IN RESIDENTIAL DISTRICTS CODE", CITY OF PALM DESERT, APPLICANT. Mayor Puluqi declared the Public Hearing open and asked for staff's report. -5- MINUTES _ REGULAR CITY COUNCIL MEETING APRIL 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega reported that this was a problem that had been plaguing the Code Enforcement Department. He had a personal concern about it in that it prevented parking on side lots and vacant lots. He was concerned also with some of the wording. Mayor Puluqi invited input in FAVOR of the ordinance. Councilman Phyllis Jackson addressed Council as a citizen stating this problem had caused her many problems. She had had to repossess a home as a result of a problem of this nature -- simply because of a neighbor parking 5 cars on his lawn. She felt the problem was significant enough in the City to warrant such legislation and urged Council's approval. Mayor Puluqi invited input in OPPOSITION to the ordinance, and none was offered. He declared the Public Hearing closed. Upon motion by Kelly, second by Snyder, Ordinance No. 322 was passed to second reading by a 4-0-1 vote with Councilman Jackson ABSTAINING. D. CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-4, S.P. TO PR-7, S.P., A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN OF DESIGN AND TENTATIVE TRACT MAP TO ALLOW 450 RESIDENTIAL UNITS ON 70.28 GROSS ACRES AT THE NORTHWEST CORNER OF SAN PASQUAL AVENUE AND FRED WARING DRIVE, SAN PABLO PROPERTIES, LTD., APPLICANT. CASE NO. C/Z 01-83. Mayor Puluqi declared the Public Hearing open and asked for staffs report. Mr. Diaz requested a continuance due to the lateness of the hour to May 12, 1983. Mayor Puluqi invited public input, and none was offered. Upon motion by Kelly, second by Puluqi, the item was continued for consideration at the May 12, 1983, meeting by a 4-1 vote of the Council with Councilman Snyder voting NO. E. CONSIDERATION OF A REQUEST FOR AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE TO ADD CHAPTER 25.21 CONCERNING SECOND UNIT SENIOR HOUSING, CITY OF PALM DESERT, APPLICANT. CASE NO. ZOA 03-83. Mayor Puluqi declared the Public Hearing open and asked for staffs report. Mr. Diaz requested a continuance to the meeting of May 26, 1983. At Council's request, Mr. Diaz reviewed the staff report indicating it involved a second unit for senior citizen housing — a requirement of State legislation. Mayor Puluqi expressed his concern about the requirement for a two - car garage or carport. Mr. Diaz responded that the City was allowed that latitude. Mayor Puluqi invited public input, and none was offered. Councilman Wilson stated the two -car garage was an unrealistic requirement. He could not agree with allowing expansion of 10% of the living area and then requiring 100% of parking. He did not feel it was a responsible piece of legislation even though he did not agree with the State making us do it. Councilman Jackson felt the legislation was to urge cities where it was possible to create affordable housing opportunities to offer them to people. It would provide seniors with affordable living and in addition, would help others find additional income. She agreed that the -6- MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C continuance was necessary to allow staff time to obtain additional information. Councilman Jackson moved to continue the item to May 26, 1983. Councilman Wilson seconded the motion. Motion carried unanimously. F. CONSIDERATION OF REQUEST FOR AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE CHAPTER 25.58 CONCERNING OFF-STREET PARKING, CITY OF PALM DESERT, APPLICANT. CASE NO. ZOA 01-83. Mayor Puluqi declared the Public Hearing open and asked for staffs report. Mr. Diaz asked that this item. be continued to May 12, 1983. Mayor Puluqi invited input in FAVOR of or in OPPOSITION to the request, and none was offered. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, the item was continued to the meeting of May 12, 1983. IX. RESOLUTIONS N one X. ORDINANCES For Introduction: A. ORDINANCE NO. 336 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE CITY MANAGER. Upon motion by Wilson, second by Snyder, Ordinance No. 336 was passed to second reading by unanimous vote of the Council. For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT TO THE SUNLINE JOINT POWERS AGREEMENT. Mr. Ortega reported that the agreement had gone to County Counsel and had been changed 3 or 4 times. Their last concern had been who should be controller pursuant to Government Code and who should be Finance Director for Sunline. These questions had been answered, and approval was recommended. Councilman Kelly moved to approve the amendment and authorize the Mayor and City Clerk to execute. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. -7- MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. CONTINUED BUSINESS N one XIV. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR CONTRACT 1062, CROSS GUTTER RECONSTRUCTION 1982-83. Mr. McClellan reviewed the staff report for Council. Councilman Wilson moved to, by Minute Motion, 1) award Contract No. 1062 in the amount of $30,107 to Matich Construction Co., low bidder, and authorize the Mayor to sign, and 2) waive further reading and adopt Resolution No. 83-30, amending the 1982-83 Budget by appropriating an additional $17,600 to Project No. 17-4315-000. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. XV. ORAL COMMUNICATIONS - B N one XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR AUTHORIZATION TO CONTRACT FOR INSPECTION SERVICES AT THE CIVIC CENTER. Mr. Ortega reported that this had been discussed in Study Session and he was recommending that staff be authorized to hire a contract inspector on an interim basis for civic center inspections. Councilman Snyder moved to authorize Staff to enter into a contractual agreement with a contract inspector of its choice for the civic center. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY 1. REQUEST FOR ACCEPTANCE OF DEED FOR OCOTILLO STREET Mr. Erwin reported that a subdivision off Homestead Street included a 200' long street — Ocotillo. This street had never been shown on County records and somewhere along the line was sold for back taxes. Because it was the responsibility of the title company to make sure something like this did not happen, they would be responsible for paying for the purchase of the property which would be deeded to the City. He asked for a motion to accept the deed. Councilman Wilson moved to accept the deed for Ocotillo Street off Homestead Road and direct the City Clerk to record it with Riverside County. Councilman Kelly seconded the motion. Motion carried unanimously. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Puluqi asked that everyone note the Future Meetings listed on the Agenda. -8- MINUTES REGULAR CITY COUNCIL MEETING APRIL 28, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s C • XVII. ADJOURNMENT Councilman Snyder moved to adjourn to 9:00 a.m. Tuesday, May 3, 1983, immediately following adjournment of Redevelopment Agency Meeting. Councilman Wilson seconded the motion. Motion carried by unanimous vote. Mayor Puluqi adjourned the meeting to 9:00 a.m. Tuesday, May 3, 1983, at 10:35 p.m. ATTEST: SHEILA R. GIL ' AN, CITYrefiERK CITY OF PAL ' DESERT, CACIFORNIA -9- OMEO S. PULUQ , MAYOR