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HomeMy WebLinkAbout1983-02-24MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, FEBRUARY 24, 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 - Representatives of the Girl Scouts INVOCATION - Mayor Pro-Tempore Walter H. Snyder 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. PROCLAMATION HONORING THE GIRL SCOUTS OF AMERICA. Mayor Puluqi read the proclamation and thanked the members of the various Girl Scout troops for attending the meeting. He praised the organization for its work with the young ladies of our society. Vi. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 10, 1983. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-081 and 83-082. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JANUARY, 1983. Rec: Receive and file. D. REQUEST FOR APPROVAL OF CHANGE ORDER NO. I, CONTRACT NO. 1044 SAN PABLO WIDENING, IN THE AMOUNT OF $5,040. Rec: Approve the request and authorize payment of Change Order No. 1 for Contract No. 1044. MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. CLAIM AGAINST THE CITY BY MRS. LESLIE L. DUNCAN IN THE AMOUNT OF $37.50. Rec: Accept the claim and instruct the City Treasurer to reimburse Mrs. Duncan's expenses. Upon motion by Wilson, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. WILLIAM MEISTER, 73-841 Krug Street, Palm Desert, addressed Council concerned about the development of the next phase of the tract he lived in. He said it was his understanding that the quality was to be inferior to that of the phase he was in and asked how he and other residents could have input into this. Mr. Diaz responded that the Design Review Board was reviewing this request now and if their decision was not satisfactory to Mr. Meister and his neighbors, they would have the opportunity to appeal the decision to the Planning Commission and City Council. However, he pointed out that no City board had the right to dictate the amenities to be offered by the developer. Councilman Wilson suggested that Mr. Meister meet with Mr. Diaz to thoroughly review the developer's request and to make suggested revisions for presentation to the DRB. 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. Mayor Puluqi declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report in detail. He noted that some of the key provisions of the ordinance included: 1) Maximum rent increase in any one year period would be limited to 3/4 of the increase in the consumer price index subject to certain exemptions; 2) a three member mobile home park board would be established to hear requests for hardship increases and would also hear appeals from residents for interpretation of the ordinance and other determinations as specified; 3) the mobile home park board would be composed of one member from the City Council, one from the Planning Commission, and one member at large; and 4) decisions of the board would be final and not subject to appeal to the City Council. Mr. Diaz pointed out that the City Attorney had reviewed the ordinance and found areas that should be revised before Council consideration. This included a recommendation to go through the environmental review process. Therefore, staff recommended that the Council take public testimony and continue the matter for 60 days to allow staff time to prepare an environmental analysis and declaration. Mayor Puluqi invited public input in FAVOR of the ordinance. The following spoke: MR. WAYNE GURALNICK, Attorney at Law, 74-399 Highway 111, Palm Desert, representing Palm Desert Mobile Estates and Indian Springs Mobilehome Park. He presented a report (on file and of record in the City Clerk's Department) which outlined their lack of progress in negotiating a mutually satisfactory lease. MR. DONALD BROWN, 80-425 Highway 111, Indio, addressed Council as a contractor who moved mobile homes. He stated it cost owners between $15,000 and $20,000 to move their homes. -2- • MINUTES • REGULAR CITY COUC` , MEETING FEBRUARY 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MRS. RUTH WALLIS, 27 Flying F. Drive, Silver Spur Mobile Home Park, addressed Council and read a prepared statement as President of Golden State Mobile Home Owners League (on file and of record in the City Clerk's Department). MR. BILL HART, 43-101 Portola Avenue, Sp. 41, Palm Desert Mobile Estates, read a prepared statement (on file and of record in the City Clerk's Department) in favor of the ordinance and in opposition to"pass thru proposals" to pay for capital investments" included in proposed leases. MR. FRANCIS MALLORY, Indian Springs Mobile Home Park, spoke on behalf of the majority of residents and in favor of the ordinance. MR. GLEN GETHING, Indian Springs Mobile Home Park, spoke in favor of the ordinance. MR. KENNETH PAYNE spoke in favor of limited rent increases. MR. WILBUR VALLEY, Indian Springs Mobile Home Park, read a prepared statement (on file and of record in the City Clerk's Department) in favor of the ordinance. MR. GAVIN BRECKENRIDGE, 23 Pampas, Silver Spur Mobile Home Park, spoke in favor of the ordinance. He read a letter from MR. NICK CIMINO, 28 Pampas Lane, Silver Spur Mobile Home Park (on file and of record in the City Clerk's Department) in support of the ordinance. MR. BOB NORTON, Silver Spur Mobile Home Park, read a prepared statement (on file and of record in the City Clerk's Department) in support of the ordinance. Mayor Puluqi invited input in opposition to the ordinance, and the following spoke: MR. TERRY DOWDALL, Attorney for Western Mobile Home Owners Association, 203 N. Golden Circle, Santa Ana, California, spoke in opposition to the ordinance and in favor of a continuance to allow more time to negotiate long-term leases. He felt the owners had attempted to work with the tenants but that the tenants wanted this ordinance and not leases. MR. BRUCE FEDIG, 220 Powell Street, Emoryville, addressed Council on behalf of the owners of Silver Spur Mobile Manor, in opposition te_ the ordinance and in support of long-term leases. MR. DICK BESSERE, Leaseco - managing agent for Silver Spur Mobile Home Park,1977 N. Gary Street, Pomona, spoke in opposition to the ordinance. He noted the improvements required in their park, their respective costs, and the effort by the owners to work with the tenants. MAYOR PULUQI CALLED A 10-MINUTE RECESS AT 8:40 P.M. AND RECONVENED THE MEETING AT 9:00 P.M. MR. JIM GOLDSTEIN, 10104 Angelo View, Los Angeles, addressed Council as owner of Indian Springs Mobile Home Park. He stated he could work with his tenants on a lease and had been trying for a year. He opposed the ordinance feeling it was an unnecessary piece of legislation. MR. DENNIS OLSON, Carlsberg Management Co., managing agent for Indian Springs Mobile Home Park, 2800 28th Street, Santa Monica, spoke in opposition to the ordinance and in favor of long-term leases. - 3- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. WALTER TALLY, Attorney, 23113 Plaza, Laguna Hills, representing the owners of Palm Desert Mobile Estates, opposed the ordinance. He reviewed State committee findings which would make the ordinance unfeasible. MR. JOHN PHILLIPS, G. R. PHILLIPS CO., 1590 South Coast Highway, Laguna Beach, spoke as managing agent for Palm Desert Mobile Estates. He opposed the ordinance and stated they were working with tenants for a long-term lease. MS. BARBARA WITTINGTON, Manager of Palm Desert Mobile Manor, 43-155 Portola, opposed the ordinance as it was unnecessary. She indicated harmony in their park between tenant and landlord. MRS. FLORENCE RIGDON, Owner of Palm Desert Mobile Manor, opposed the ordinance. MR. BOB RIGDON, 1019 Pier Avenue, Santa Monica, spoke on behalf of ownership in Palm Desert Mobile Manor. He stated he knew of many ordinances overturned in the courts and if not, had been found to be totally unworkable. MS. DEBORAH HARTOGENSIS, 1225 8th Street, Sacramento, spoke for Western Mobile Home Owners Association in opposition to rent control and this ordinance. She stated that over 350 cities have reviewed rental control and only 7%, or 27 cities in California have it. Mayor Puluqi invited input in rebuttal, and the following spoke: MR. WAYNE GURALNICK MR. BOB NORTON MR. KENNETH PAYNE MR. BILL HART MRS. RUTH WALLIS MR. JIM KOSACK MR. BRUCE BEDIG Mayor Puluqi declared the Public Hearing closed. Councilman Kelly stated he was in strong favor of free enterprise. However, when he saw this many elderly people standing for over 3 hours, it was evident there was a problem. He felt that both sides had had adequate time to negotiate and was disappointed it had reached this point. He stated he felt the Council had no option but to continue the matter for completion of the EIR and to allow the attorney time to review the ordinance to be sure our ordinance was fair and equitable and would protect both owner and resident. Councilman Jackson said there should definitely be more study given to this. She felt there had been ample time for both parties to work the problem out. However, the questions raised by the City Attorney should be addressed before any action was taken by the Council. Councilman Wilson expressed frustration about the length of time since discussion was first started. He noted this was a rent stabilization ordinance not a rent control ordinance. However, he felt that the problem could have been worked out between tenant and landlord. He did not feel the ordinance was the solution in that it guaranteed an annual rent increase which could be a disadvantage to the tenant. He felt the long-term lease was a better solution and encouraged the two parties to continue striving towards that end. Councilman Snyder concurred that it was frustrating in that the Council had hopes of a mutually satisfactory solution with no legislation necessary. He too encouraged continued negotiations which would -4- MINUTES REGULAR CITY COUP - MEETING FEBRUARY 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * allow free enterprise to continue. However, if negotiations fail, then the ordinance brought before the Council for adoption must be the best for both sides. Therefore, he favored continuance for completion of the EIR and further revision by the City Attorney. Mayor Puluqi agreed with all statements made. Mayor Wilson moved to reopen the public hearing, continue this matter for 60 days, instruct staff to go through the proper environmental review procedure, and direct the City Attorney to investigate this ordinance in relation to various court decisions and to amend the ordinance to provide the best possible regulation. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. MAYOR PULUQI CALLED FOR A 10-MINUTE RECESS AT 10:17 P.M. AND RECONVENED THE MEETING AT 10:30 P.M. IX. RESOLUTIONS A. RESOLUTION NO. 83-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING ANY AMENDMENTS TO THE MUNICIPAL ORGANIZATION ACT (MORGA) ALLOWING THE DETACHMENT OF MUNICIPAL TERRITORY. Mr. Ortega reported this resolution opposed proposed legislation by San Bernardino County that would allow counties to remove territory from cities. Upon motion by Snyder, second by Jackson, Resolution No. 83-16 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 317 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO SIGNS. CASE NO. ZOA 10-82. Mr. Diaz reported that this ordinance had been sent back to the Planning Commission by the Council at its last meeting. He advised that the Planning Commission had remained with their original decision — that of denial of the request. He noted that discussion had been held in Council's Study Session relative to the hours of operation and establishing definite hours in the ordinance. Councilman Snyder concurred with the Planning Commission's recommendation for denial in that he felt it a landlord -tenant dispute. Councilman Jackson stated agreement with this. Upon motion by Kelly, second by Snyder, the request was denied by a 4-1 vote of the Council with Mayor Puluqi voting NO. For Adoption: A. ORDINANCE NO. 322 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, AMENDING TITLE 25 OF THE MUNICIPAL CODE BY CREATING CHAPTER 25.25 (H-PR - HILLSIDE PLANNED RESIDENTIAL DISTRICT) AND DELETING CHAPTER 25.25 (H - HILLSIDE DEVELOPMENT OVERLAY DISTRICT) AND APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. CASE NO. ZOA 11-82. Mr. Ortega reported that no further input had been received since first reading of the ordinance. However, he noted that in Study Session -5- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * discussion, it had been noted that the development agreement mentioned in the ordinance would be the subject of another ordinance to come before the Council in the near future. Councilman Snyder stated he felt this was a bad ordinance. He did not feel it worked out the problems satisfactorily. Councilman Wilson stated that Option No. 4 which proposed the development agreements that could ultimately result in hotel development on the hillsides was totally unacceptable to him. He felt the ordinance had been massaged so much that it was no longer acceptable. Councilman Jackson moved to waive further reading and adopt Ordinance No. 322. Mayor Puluqi seconded the motion. Motion carried on a 3-2 vote with Councilmen Snyder and Wilson voting NO. B. ORDINANCE NO. 323 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-E 1-3 D.U./5 ACRES D.H, PR-1 D.H , PR-2 D.H, PR-3 D.H, O.S. TO H-PR D, AND O.S. TO C-1 AND THE DESIGNATION OF CERTAIN AREAS PDA (PREFERRED DEVELOPMENT AREA AND APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR PROPERTY BETWEEN THE PALM VALLEY CHANNEL AND THE WESTERN CITY LIMITS. CASE NO. C/Z 08-82. Mr. Ortega reported there had been no further input since first reading. Upon motion by Jackson, second by Snyder, Ordinance No. 323 was adopted by a 4-1 vote of the Council with Councilman Wilson voting NO. C. ORDINANCE NO. 326 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE MUNICIPAL CODE CHAPTER 25.70, DESIGN REVIEW. CASE NO. ZOA 13-82. Mr. Ortega reported no further input had been received since first reading. Councilman Wilson asked for clarification under "Membership" in the. ordinance to make sure that it was design architects and not landscape architects. Mr. Dias stated that unless it was specifically stated "landscape architect", it meant design architect. Upon motion by Snyder, second by Kelly, Ordinance No. 326 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER N one XII. NEW BUSINESS N one XIII. CONTINUED BUSINESS N one XIV. OLD BUSINESS N one -6- MINUTES REGULAR CITY COUr _ MEETING FEBRUARY 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ORAL COMMUNICATIONS - B MR. TIM JOHNSON, 43-101 Portola Avenue, addressed Council with several questions on the new hillside development ordinance. Council explained the provisions of the newly adopted ordinance. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR AUTHORIZATION TO EMPLOY A PART-TIME CONSULTANT TO AUDIT FIRE TAX. Mr. Ortega reported this had been discussed in Study Session and was necessary to update our assessment records for the fire tax. Councilman Snyder moved to authorize staff to employ a part-time person for an amount not to exceed $2,500 for the purpose of updating our fire tax records, and the City Attorney be directed to draw up a simple agreement to cover said contract. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Puluqi asked that everyone note the Future Meetings listed on the Agenda. ADJOURNMENT Councilman Snyder moved and Councilman Wilson seconded to adjourn to Closed Session immediately following adjournment of the Redevelopment Agency Meeting. Motion carried unanimously. Mayor Puluqi adjourned to Closed Session for the purpose of discussing possible litigation and personnel items at 11:00 p.m. Mayor Puluqi reconvened the meeting at 11:50 p.m. and immediately adjourned with no action taken. ATTEST: S EILA R. GAN, CICLERK CITY OF • = DESER lam' ALIFORNIA -7-