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HomeMy WebLinkAbout1983-02-10MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, FEBRUARY 10, 1983 CITY HALL COUNCIL CHAMBERS ,.J * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor.Pulugi called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Walter H. Snyder M. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilman Phyllis Jackson Councilman Dick 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 Ramon A. Diaz, Director of Environmental Services Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION BY GENERAL TELEPHONE CORPORATION (Mr. Chuck Cervello). Mr. Cervello gave a slide presentation which outlined the increased telephone service in the Coachella Valley and explained how deregulation would cause GTE to increase their consumer rates. It explained the Use Sensitive Service where consumers will be charged a monthly telephone rate based on the usage. This new service has been submitted to the Public Utilities Commission for approval. VI. CONSENT. CALENDAR A. MINUTES of the Regular City Council Meeting of January 27, 1983. Rec: Approve as presented. B. MINUTES of the Adjourned City Council Meeting of February 3, 1983. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-073 and 83-074. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR RELEASE OF FAITHFUL PERFORMANCE AND LABOR & MATERIAL BONDS FOR TRACTS 15734 AND 15735 AND TO ACCEPT ONE-YEAR MAINTENANCE BOND, SHADOW MOUNTAIN RESORT & RACQUET CLUB, APPLICANT. Rec: Approve the request and authorize the City Clerk to release the Faithful Performance Bond and the Labor & Materials Bond for said tract and to accept a one-year maintenance bond. E. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT FOR MONTH OF DECEMBER, 1982. Rec: Receive and file. F. RESOLUTION NO. 83-14 - 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 ac SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. G. REQUEST FOR REFUND FOR 1980-81 & 1981-82 FIRE TAX OVERCHARGE ON PARCEL NO. 625-122-009-3, MR. A. D. BABCOCK, APPLICANT. Rec: By Minute Motion, approve the request and authorize the City Treasurer to refund the amount of $2,592 from prior years' fire tax revenues. Upon motion by Wilson, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. -VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF ADOPTION OF A GENERAL PLAN AMENDMENT (WEST HILLS SPECIFIC PLAN), ZONING ORDINANCE AMENDMENT, CHANGE OF ZONE AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CONCERNING HILLSIDE DEVELOPMENT POLICIES AND STANDARDS FOR THE AREA GENERALLY .BOUNDED BY THE PALM VALLEY STORM CHANNEL AND THE WESTERN CITY LIMITS. CASE NOS. GPA 03-82, ZOA 11-82 and C/Z 08-82. (Continued from the meeting of January 13, 1983.) Mayor Puluqi announced that the public testimony portion of the hearing had been closed at the meeting of January 13, 1983, and would remain closed unless the majority of the Council wished to reopen it. He asked Mr. Diaz to make staffs report. Mr Diaz reviewed the report stating the Council had created a subcommittee at their January 13, 1983, meeting to review issues raised during that hearing. The consensus of the committee was that some type of alternative which would permit further evaluation of major hillside parcels should be permitted. As a result, staff recommended the use of the development agreement as set forth in the California Government Code, Section 65864 through 65867.5. The committee concluded that this should be the only revision to the West Hills specific Plan as submitted. He reviewed the provisions of the development agreement noting that such an application would require Planning Commission approval and Council approval. It would give the City an opportunity to examine portions of the hillside area in excess of -2- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 50 acres and yet at the same time include them in the plan and to have separate studies when these areas are ready for development. He concluded by recommending the adoption of Resolution No. 83-3 and the first reading of Ordinance Nos. 322 and 323. Councilman Jackson moved to waive further reading and adopt Resolution No. 83-3 and to waive further reading and pass Ordinance Nos. 322 and 323 to second reading. Councilman Snyder seconded the motion. Councilman Wilson spoke against the motion. He felt that when this process started, it was an attempt to reach a reasonable compromise between the original land development designation without opening the hillsides to rampant development. He felt strongly that the City was opening the door to it and would be very sorry in the future. It would be unfair to developers to give them the impression that if they acquire large acreage, they might have a shot at developing those hillsides.,, He said that philosophy is not consistent with the desires of the majority of the people in the City nor the Council today of past Councils. Councilman Snyder concurred that hillside development should not be encouraged. However, he felt the latest committee had achieved a compromise that put in adequate safeguards to protect the City from such rampant development. Councilman Kelly said that he was satisfied with the original recommendation — before the latest committee recommended this development agreement. He felt that this new proposal satisfied concerns raised during the public hearing. Mayor Puluqi called for the vote, and the following votes were cast: AYES: Jackson, Kelly, Snyder, & Puluqi NOES: Wilson B. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT RELATING TO DESIGN nrvicw BOARD REORGANIZATION. (Continued from the meeting of January 27, 1983.) Mayor Puluqi noted that the public testimony portion of the public hearing had been closed at the meeting of January 27, 1983, and would not be reopened unless a majority of the Council so desired. He called on Mr. Diaz for the staff report. Mr. Diaz reviewed the new recommendations which were reducing the number of architects from 7 to 5 and letting all members be named by the Council to reflect whatever area of expertise the Council so desired and designated terms of office. Councilmen Wilson and Snyder both stated this was a technical advisory board and that the makeup consisting of a majority of architects was important. They favored the designated term of office. Councilman Kelly moved to waive further reading and pass Ordinance No. 326 to second reading amended to read "a majority of 3 architects, if available". Councilman Jackson seconded the motion. Motion carried by unanimous vote. 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 Puluqi declared the Public Hearing open and asked for the staff report. Mr. Diaz reviewed the report in detail noting that the Council had approved the request to modify the sign ordinance to allow for urgent medical care facilities for additional signage of 35 square feet at its meeting of August 12, 1982. However, prior to staffs submittal of the -3- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * amendment for adoption, the medical facility withdrew their request because they did not wish to be tied to specific hours of operation. Subsequently, they renewed their request, and staff recommended approval based on an amendment which would specifically define "urgent care facility" and would require the clinic to be open until 10:00 p.m. Mayor Puluqi invited input in FAVOR of the amendment, and the following spoke: • MR. BOB DRISKELL addressed Council and read a letter from Mr. Frederick W. Hodges, Chief Executive Officer of Indio Community Hospital, in favor of the amendment (said letter attached and made a part hereof as Exhibit "A"). MR. ROBERT GEORGE, 241 H Laverne, Palm Springs, spoke in favor of the amendment. MR. JIM ENGELL, Imperial Sign Company, spoke in favor of the amendment. Mayor Puluqi invited input in opposition to the amendment, and the following spoke. MR. DEAN COLE stated that if the sign were allowed, it should be turned off when the office was closed. MR. ROBERT GEORGE offered rebuttal to Mr. Cole's suggestion by stating that if that condition were applied, it should be for all signs including real estate signs. Mayor Puluqi declared the public hearing closed. Mayor Puluqi stated that he could support the amendment if the office were to remain open until at least 10 p.m. each night. Councilman Jackson stated she felt it was a landlord -tenant dispute which should not be settled by the Council. She indicated she was on the Design Review Board when the Great Western sign had been approved, and they had indicated they would occupy the entire building. Councilman Snyder agreed and added that it was not the City's responsibility to determine who was going to be in a building; that was up to the owner or landlord. Councilman Kelly stated he had been in the audience listening to this case before the Council. He said the Council had felt strongly about the medical center having the right to have a sign. Therefore, they went to all the trouble of changing the ordinance so that 'the medical center could have a sign rather than just giving them a variance. He felt that changing an ordinance in order to give someone what he felt they should have anyway was taking the complicated way. A variance would have been easier. Councilman Wilson responded that he had been convinced at the original hearing that this group was providing something unique. It was an alternative to an emergency room in a hospital — a facility that would be opened in the evening hours that would be different than a regular doctor's office. Councilman Wilson asked what would happen if the facility got its sign and then the members decided to change the hours to 6:00 p.m. Mr. Diaz responded that the City would have the right to demand the sign be removed. Upon question, Mr. Diaz responded that the matter would have to be referred to the Planning Commission for report since the Commission's recommendation was for denial and is therefore different from the Council's decision. r -4- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to approve the request and refer the matter to the Planning Commission for report. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Council. MAYOR PULUQI CALLED A 10-MINUTE RECESS AT 8:25 P.M. HE RECONVENED THE MEETING AT 8:35 P.M. IX. RESOLUTIONS A. RESOLUTION NO. 83-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1982-83 BUDGET. Mr. Ortega reported that the recommended budget adjustments before the Council represent changes in revenues, the yearly operating budget and capital improvement budget. The biggest change, a pleasant one, indicates that General Fund revenues will exceed previous estimates by slightly more than a million dollars. This increase is mainly attributable to an increase in construction -related fees, interest earnings and State subventions, the latter having previously been budgeted at zero as a result of the unknown State budget last spring. He continued that on the operating budget side, significant changes are only expected in General Fund revenue expenditures for police services. This does not mean that costs are expected to be greater than projected. The change results from a decrease in revenue sharing which will be substantially less than expected. The Capital Improvement Budget would basically remain as projected at the beginning of the fiscal year. The recommended changes only represent accounting changes and not deletions or additions of projects. The Capital Improvement Budget does not necessarily represent projects that will be accomplished this year. Such budget includes projects currently being undertaken and reserves set aside for accomplishing specific projects in future years. Upon motion by Snyder, second by Kelly, Resolution No. 83-15 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 329 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.100.060 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO TIME SHARE UNITS. Mr. Ortega stated that as announced in Study Session, this ordinance should be pulled from the Agenda as it might not be necessary. For Adoption: A. ORDINANCE NO. 325 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 10, VEHICLES AND TRAFFIC. (Continued from the meeting of January 13, 1983.) Mr. Ortega reported that no input had been received since first reading of the ordinance. Upon motion by Snyder, second by Wilson, Ordinance No. 325 was adopted by a 4-1 vote with Mayor Puluqi voting NO. B. ORDINANCE NO. 327 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING CHAPTER 26.34 OF THE SUBDIVISION ORDINANCE RELATING TO PARCEL MAP WAIVERS, A CLASS 5 CEQA CATEGORICAL EXEMPTION. -5- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega reported that no input had been received since first reading of the ordinance. Upon motion by Jackson, second by Snyder, Ordinance No. 327 was adopted by unanimous vote of the Council. C. ORDINANCE NO. 328 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.48.060 OF THE SUBDIVISION ORDINANCE RELATING TO PARK DEDICATION REQUIREMENTS, A CLASS 5 CEQA CATEGORICAL EXEMPTION. Mr. Ortega reported that no input had been received since first reading of the ordinance. However, at the last meeting, Councilman Snyder had requested staff to investigate possible pending litigation. Staff had done so and found there was none existing., Upon motion by Snyder, second by Kelly, Ordinance No. 328 was adopted by unanimous vote of the Council. 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. REQUEST FOR APPROVAL OF PURCHASE OF CARILLON BELLS FOR CIVIC CENTER. Mr. Ortega reported that as a result of discussion in Study Session, staff was requesting authorization to enter into an agreement not to exceed $8,300 for installation of the carillon bells in the new civic center. Councilman Jackson moved to authorize staff to enter into an agreement not to exceed $8,300 for the purchase of carillon bells/for the civic center. Councilman Snyder seconded the motion. Motion carried by a 4-0-1 vote with Councilman Wilson ABSTAINING in that he had missed the discussion in Study Session. B. CITY ATTORNEY 1. OFFER OF GIFT TO THE CITY OF PALM DESERT OF CLOTHES HORSE SURREY. Mr. Erwin noted that a letter had been received from Mr. Earl Horenstein, owner of the Clothes Horse, wherein he offered to donate the surrey which is presently mounted on his store's rooftop to the City along with rights to leave it on his rooftop. He indicated that if it was Council's desire to deny the offer, they should do so by Minute Motion. -6- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to reject the offer and direct the City Clerk to write a letter of appreciation to Mr. Horenstein for the offer but that it would be unwise for the City Council to accept it. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Puluqi asked that everyone note that the Study Session scheduled for February 17th at 3:00 p.m. was cancelled. Councilman Snyder asked if the Study Session should not be held for the purpose of discussing recruitment of a City Manager. Councilman Kelly suggested discussing it after the Closed Session, and Council agreed that Study Session would be reconvened and the City Attorney would remain for this discussion. XVII. ADJOURNMENT Councilman Snyder moved to adjourn to Closed Session for the purpose of discussing personnel and litigation matters. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Council. Mayor Puluqi adjourned to Closed Session at 8:50 p.m. Mayor Puluqi reconvened the meeting at 10:05 p.m. and immediately adjourned with no action being taken. ATTEST: SHEILA R. GILL ' AN, CITY ERK CITY OF PAL DESERT, IFORNIA MEO UPS UPS LUQI, MAYOR -7- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 10, 1983 EXHIBIT "A" INDIO COMMUNITY HOSPITAL 4 -i 1 l'` onroe Street. Drawer LLLL. Indite. California 02 "..-2_.' FREDRICK W. HODGES. •\DMINISTRATOR February 10, 1983 The Honorable Romeo Puluqui, Mayor City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 RE: ZOA 10-82 Palm Desert Medical Center Dear Mayor and Council: ihiU134 -6i9I Please accept my apologies for not being present tonight, but business reasons have compelled me to be out of the City. As you may recall, during the period of July thru November 1982, the participants of the Palm Desert Medical Center pursued an amendment to section 25.68.040 of the Muncipal Code, to permit a minimum of 35 square feet of signage for the Palm Desert Medical Center. In August 1982 the City Council directed staff to draft such an amendment to the code, but -the amendment included a clause mandating the hours of operation. The physician members of the Center expressed con- siderable apprehension regarding the mandated hours of operation, and as a result they decided not to pursue the variance. I am sure that you will agree that establishing a medical office building is a costly venture. Due to the absence of adequate signs, we have had to develop costly ($25,000) community awareness programs to promote the Center's services. A significant portion of this cost would not have been incurred if we had adequate signs to direct the community users to the Center. The Palm Desert Medical Center, particularly the Urgent Care Concept was developed because there was a demonstrable community need and want for con- venient access to economical health care, separate and apart from Hospital A National Medical Enterprises Organization Fully accredited he the Joint Commission on Accreditation of Hospitals 8 The Honorable Romeo Puluqui, Mayor Page 2 February 10, 1983 Emergency Rooms.' We initially planned to be flexible in the hours of opera- tion, and to adjust these hours with the need, growth and demand for health care in the community. The participants of the Urgent Care Center would be happy to stay open 24-hours per day if the community needs dictate such operation. Thank you for your consideration. Sincerely, x a!^ 1-reChief Executi Officer ec 1