Loading...
HomeMy WebLinkAbout1983-12-22MINUTES REGULAR CITY COUNCIL. MEETING THURSDAY, DECEMBER 22, 1983 CIVIC CENTER ADMIINISTRATIVE CONFERENCE ROOM * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *• I. II. IV. V. VI. CALL TO ORDER Mayor Snyder convened the meeting at 7:05 p.m. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Puluqi INVOCATION - Councilman S. Roy Wilson ROLL CALL Present: Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Douglas Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works Larry R. McAllister, Administrative Services Officer AWARDS, PRESENTATIONS, AND APPOINTMENTS N one CONSENT CALENDAR A. B. C. MINUTES of the Regular City Council Meeting of December 8, 1983. Rec: Approve as presented. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 84-054 and No. 84-061. Rec: Approve as presented. STATEMENT OF CASH TRANSACTION FOR MONTH OF NOVEMBER, 1983. Rec: Receive and file. D. CLAIM AGAINST THE CITY By United Companies on Behalf of Herbert Elkie. Rec: Deny the claim and instruct the Claimant. Pacific/Reliance Insurance City Clerk to so advise the MINUTES REGULAR CITY COUNCIL MEETING — DECEMBER 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM By Roberts & Morgan, Attorneys at Law, on Behalf of Allred & Kyser Construction Company. Rec: Deny the application and instruct the City Clerk to so advise the claimant. F. RESOLUTION NO. 83-133 - 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 & SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. Councilman Puluqi requested Item "E" be discussed under Section XI, Consent Items Held Over, of the Agenda. Upon motion by Puluqi, second by Kelly, the Consent Calendar, with the exception of Item "E", was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. MIKE ARMSTRONG, 73-710 San Nicholas, Palm Desert, addressed Council regarding the fact that the City did not provide for hot air balloons. The fact that no ordinance existed prohibited their taking off or landing in the City. He stated they were currently using the City's Sports Complex as a take -off area and requested some type of legislation that would permit this use. He felt that the City promoted tourism and their business was a draw for tourists. MR. JOHN ZIMMER, 72-120 Oasis, Indio, owner of Desert Balloon Charters, addressed Council and emphasized the licensing required for balloon operators. He supported Palm Desert's adoption of an ordinance that would permit them. Mr. Phillips, Deputy City Attorney, confirmed that because the City did not specifically permit this use by ordinance, it was not allowed. He pointed out that Section 25.64 of the Municipal Code would allow a TUP to be issued at the discretion of the Zoning Administration. However, because of concerns relative to the City's liability, the Zoning Administrator was not issuing these Temporary Use Permits. Upon question by Councilman Wilson, Mr. Phillips responded that this activity could be permitted if specific conditions regarding the City's liability were established. Mr. Diaz advised he had met with the gentlemen that day and told them there were no guidelines about parking, traffic control, signage, overall liability, etc. He said it was not an activity he could recommend approving before studying it thoroughly and checking with other cities to determine their procedures. Councilman Kelly moved to direct staff to investigate what other cities and the County do and to make a report and recommendation at the meeting of January 12, 1984. Councilman Puluqi seconded the motion. Motion carried by a unanimous vote of the Council. VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE, SECTION 17962, Mayor Snyder advised this was a continued Public Hearing and asked for Staff's report. Mr. Altman reported that staff was making good headway in its meetings with the County Fire officials and the other City Managers. He asked that Council continue the matter to the meeting of January 12, 1984, as more time was needed to complete discussions. -2- MINUTES REGULAR CITY COUNC _uiEETING DECEMBER 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder invited input in FAVOR of the ordinance, and none was offered. He invited input in OPPOSITION to the ordinance, and none was offered. Upon motion by Puluqi, second by Wilson, the item was continued to the meeting of January 12, 1984, by unanimous vote of the Council. RESOLUTIONS A. RESOLUTION NO. 83-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING AMENDMENT OF SB-4 TO INCLUDE LOCAL GOVERNMENT AS AN ORGANIZATION ELIGIBLE FOR COMPENSATION IN RATE CASES BEFORE THE PUBLIC UTILITIES COMMISSION. Mr. Altman stated this item had been discussed at length in Study Session, and it was his recommendation to refer it to the CVAG Technical Advisory Committee for review and recommendation. Upon motion by Puluqi, second by Jackson, the item was referred to the CVAG Technical Advisory Committee for review and recommendation by unanimous vote of the Council. B. RESOLUTION NO. 83-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913". Mr. Altman reported that this resolution removed certain properties from the Shadow Mountain Assessment District where no work was done or where the work was substantially less than anticipated and is now paid for. Upon motion by Wilson, second by Kelly, Resolution No. 83-135 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 83-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A VARIANCE TO TITLE 28 (ORDINANCE NO. 221) AS PROVIDED FOR IN CHAPTER 12 OF SAID TITLE (ORDINANCE NO. 230). Mr. Altman requested this item be continued to a later portion of the Agenda where Council would consider a 90-day moratorium on the issuance of grading permits. Councilman Wilson moved to continue until after discussion of the urgency ordinance. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 352 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO AMEND CHAPTER 3.24 OF THE PALM DESERT MUNICIPAL CODE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION. Mr. Altman reported this was second reading of the ordinance, and we had received no further input since first reading. Upon motion by Kelly, second by Wilson, Ordinance No. 352 was adopted by unanimous vote of the Council. -3- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 354 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 8.04 OF THE MUNICIPAL CODE AND PROVIDING FOR A NEW CHAPTER REGULATING FOOD HANDLERS. Mr. Altman advised this was a second reading, and no additional input had been received since its first reading. Councilman Puluqi expressed his disagreement with the ordinance in that he felt it provided only another layer of government to what should be the responsibility of the individual restauranteur or manager. He did not think other cities had in fact imposed this legislation. Councilman Wilson moved to continue the item to the meeting of January 12, 1984, and direct staff to determine what other cities do. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. C. ORDINANCE NO. 355 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT REGARDING HOTEL DENSITIES AND HEIGHTS. CASE NO. ZOA 08-83. Mr. Altman advised this was second reading, and no further input had been received since first reading. Upon motion by Jackson, second by Puluqi, Ordinance No. 355 was adopted by a 4-1 vote of the Council with Councilman Wilson voting NO as per stated reasons at the meeting of December 8, 1983. XI. CONSENT ITEMS HELD OVER E. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM By Roberts & Morgan, Attorneys at Law, on Behalf of Allred & Kyser Construction Company. Rec: Deny the application and instruct the City Clerk to so advise the claimant. Upon question by Councilman Puluqi, Mr. McClellan explained that this was a lawsuit against the contractor who now was trying to involve the City. He pointed out that the City had not issued an encroachment permit for this work and thus had no involvement. Councilman Wilson moved to deny the application and instruct the City Clerk to so advise the Claimant. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. XII. NEW BUSINESS A. REQUEST FROM CVAG FOR ENDORSEMENT OF THE EAGLE MOUNTAIN LOCATION AS A POSSIBLE SITE FOR A STATE PRISON. Mr. Altman requested this item be tabled inasmuch as the Technical Advisory Committee of CVAG as well as the City of Coachella had not yet determined an appropriate recommendation or completed enough study to determine ramifications, if any. Upon motion by Kelly, second by Wilson, the item was TABLED by unanimous vote of the Council. B. CONSIDERATION OF AMENDMENT TO CONTRACT WITH RIVERSIDE COUNTY SHERIFF'S DEPARTMENT. Mr. Altman reported that the wheels were in motion to amend the existing contract with the County to increase traffic control, to include supervision by sergeants, and to establish some goals and objectives. The next step will be to meet with the County Administrative Officer to get this contract amendment approved by them for our City's approval. -4- MINUTES REGULAR CITY COUNC, MEETING DECEMBER 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to concur with the program as it is being accomplished. Councilman Kelly seconded the motion, and the motion carried by unanimous vote of the Council. C. REPORT FROM TASK FORCE ON DRAINAGE RELATIVE TO PROPOSED IMMEDIATE STRATEGY. Councilman Kelly moved to concur with the program as it is being accomplished. Councilman Puluqi seconded the motion, and the motion carried by unanimous vote of the Council. D. REPORT FROM TASK FORCE ON FRONTAGE ROAD RELATIVE TO PROPOSED IMMEDIATE STRATEGY. Mr. Altman reported that the Frontage Road Committee of the Chamber of Commerce had submitted a letter outlining specific recommendations. Additionally, the City's task force on this issue had met to review these recommendations. Staff now recommended adjourning the meeting to 4 p.m. on Thursday, January 5, 1984, to meet with the Chamber Committee to discuss alternatives. Councilman Puluqi moved to schedule the adjourned meeting of the Redevelopment Agency for January 5, 1984 at 4 p.m. Councilman Kelly seconded the motion, and the motion carried by unanimous vote of the Council. E. REQUEST FOR APPROVAL OF CHANGE ORDER #9 TO CIVIC CENTER CONTRACT. Councilman Puluqi moved to, by Minute Motion, approve Change Order #9 and specify no additional delay time will be authorized. Councilman Wilson seconded the motion, and motion carried by unanimous vote of the Council. F. REQUEST FOR DEFERMENT OF UNDERGROUNDING OF OVERHEAD ELECTRIC LINES, FLYING J, INC., APPLICANT. Mr. Altman stated that Staff's recommendation was to approve a Future Improvement Agreement which would allow the applicant to install underground utility lines in conjunction with work done on adjacent property at a future date. Councilman Wilson moved to approve the request and a Future Improvement Agreement and surety bond to be approved by the City Attorney. Councilman Kelly seconded the motion, and the motion carried by unanimous vote of the Council. G. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 FOR CONTRACT NO. 1050, SAN PASCUAL CHANNEL PROJECT. Mr. Altman recommended approval of the Change Order in the amount of $31,515.50. He pointed out it was the first change order for the project. Councilman Puluqi moved to, by Minute Motion, approve Change Order No. 1 in the amount of $31,515.50 for Contract No. 1050. Councilman Kelly seconded the motion, and the motion carried by unanimous vote of the Council. H. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 FOR CONTRACT NO. 1052, FRED WARING DRIVE/MONTEREY AVENUE STREET WIDENING AND STORM DRAIN PROJECT. Mr. Altman recommended approval of the Change Order in the amount of $4,950. Councilman Puluqi moved to, by Minute Motion, approve Change Order No. 2 in the amount of $4,950 for Contract No. 1052, and Councilman Wilson seconded. Motion carried by unanimous vote of the Council. I. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 FOR CONTRACT NO. 1054A, HIGHWAY 111 LANDSCAPING FROM PORTOLA AVENUE TO SAN PABLO AVENUE. -5- MINUTES •— REGULAR CITY COUNCIL MEETING `` DECEMBER 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to, by Minute Motion, approve Change Order No. 1 in the amount of $4,950 for Contract No. 1054A, and Councilman Puluqi seconded. Motion carried by unanimous vote of the Council. J. PRESENTATION OF YEARLY AGENCY REPORT TO CITY COUNCIL. Mr. Altman stated that the memo from Carlos Ortega set forth goals and objectives for the Redevelopment Agency. This was a mandatory report which must be filed annually. Councilman Puluqi moved to, by Minute Motion, accept the report submitted by the Agency pursuant to Section 33080.1 of the California Health and Safety Code. Councilman Kelly seconded, and the motion carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FROM CANYON COVE HOMEOWNERS ASSOCIATION FOR REDESIGN OF THE HAYSTACK CHANNEL. (Continued from the Meetings of October 13, November 10, and December 8, 1983.) Councilman Kelly moved to continue this item indefinitely. Councilman Puluqi seconded the motion, and motion carried by unanimous vote of the Council. XIV. OLD BUSINESS A. REQUEST FOR APPROPRIATION FOR PRODUCTION OF PALM DESERT COMMUNITY CALENDAR. Mr. Altman reported the first annual Community Calendar was in production at Council's previous direction. He recommended adoption of Resolution No. 83-137 which would approve an expenditure of $13,500. Upon motion by Puluqi, second by Kelly, Resolution No. 83-137 was adopted by unanimous vote of the Council. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. STATUS REPORT ON THE CITY'S APPLICATION FOR FLOOD MAP REVISION. Mr. Altman reported that Staff was working with FEMA for redesignation of our flood map which in essence would lower our flood insurance rates. He advised the City should have an answer within 6 or 8 weeks. 2. RESOLUTION NO. 83-138 Mr. Altman requested adoption of this resolution which would amend current policy to place the Director of Finance/City Treasurer in Employee Group A which entitles him to 4 weeks of vacation time. Upon motion by Kelly, second by Wilson, Resolution No. 83-138 was adopted by unanimous vote of the Council. 3. ORDINANCE NO. 356 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A 90-DAY MORATORIUM -- GRADING PERMITS. Mr. Altman reported this had been discussed at length in Study Session when the City Attorney was directed to prepare the ordinance for adoption tonight. It was to place a moratorium on the issuance of grading permits on lots south of Highway 111 with a -6- MINUTES REGULAR CITY COUNC JIEETING DECEMBER 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * grade of 2% or more. This was being done to allow Staff time to refine an alternative method to developing lots to flood standards other than elevating them in height. Upon motion by Puluqi, second by Jackson, Ordinance No. 356 was adopted by unanimous vote of the Council. 4. RESOLUTION NO. 83-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A VARIANCE TO TITLE 28 (ORDINANCE NO. 221) AS PROVIDED FOR IN CHAPTER 12 OF SAID TITLE (ORDINANCE NO. 230). Mr. Altman advised this resolution had been continued from earlier in the Agenda pending action on the emergency ordinance. He recommended a continuance until such time as the moratorium was rescinded or expired. Upon motion by Kelly, second by Jackson, Resolution No. 83-136 was continued indefinitely by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson said " It's not always wise to get involved in other people's political problems such as other cities and agencies, but putting that good judgment aside, I'd like to comment on a recall move under way in which some erroneous charges have been thrown at the City of Palm Desert -- specifically through the recall efforts against the Indian Wells Mayor. A letter went out to all the residents of Indian Wells in November and in that letter, it stated that Palm Desert was spending $107,000 of its bond money, which has been generated from the expanded area for flood control, for our Visitor/Information/Chamber building. That is erroneous. I don't think it should go unnoticed. Another comment that was made in the same mailer, mailed by a man by the name of Phillip Manuel who I don't know, indicated that on October 20, 1983, Palm Desert Mayor Romeo Puluqi signed the return of the Indian Wells area "given away by Mayor Chilson" and that this was the first success of this particular gate committeeand the new Councilmembers that had been elected since the agreement. I think that is another erroneous misrepresentation of the facts. I think most of us know, particularly Romeo, Walt, and myself who were on the Council at the time, that it was Mayor Chilson who negotiated, insisted upon, and signed the original agreement that said that immediately upon the formation of the Indian Wells Redevelopment Agency, we would transfer that area back to them. So if credit is to be given for that action, the credit should be given to Mayor Chilson. I think it is the responsibility of the press to correct erroneous information and keep the public well informed, and I would hope the members of the press present will look into the matter and correct the record and if that isn't done, I'd even suggest our Mayor put out a press release to straighten out the record. I think that when incorrect information is thrown around and we know it is incorrect, we have an obligation to speak out and say so." Councilman Puluqi said, "I would like to recommend that you Mr. Mayor do send a release to the newspapers immediately -- as soon as possible. I think it is improper to misuse one's ability to speak and his right to free speech when he is about something or not telling the truth." Mayor Snyder asked the City Attorney if there were any problems relative to our entering into another city's area of responsibility. Mr. Phillips responded that the purpose was to correct misstatements and really a request for retraction. -7- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 22, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder stated that this propaganda was the old political big lie philosophy. The creator of these kinds of statements knows they are wrong and almost anticipates and wants somebody to debate him — to keep the thing going. He felt anything beyond this public discussion and resulting press coverage would be furthering the big lie philosophy. Councilman Kelly agreed and said, "so we won't put out a press release, but we're hoping that the press will understand the problem. We'll leave that to the good judgment of the press. XVII. ADJOURNMENT Upon motion by Kelly, second by Jackson, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 8:40 p.m. to 4 p.m. on Thursday, January 5, 1984. ATTEST: - SHEILA R. GILLIGAN, CITY/PYERK CITY OF PALM DESERT, C LIFORNIA •Oe1-0d1/1/ WALTER H. SNYDER, MP 'OR -8-