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HomeMy WebLinkAbout1983-01-27MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 27, 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 Dick Kelly M. INVOCATION - Mayor Pro-Tempore Walter H. Snyder 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: 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 Ramon A. Diaz, Director of Environmental Services Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF DELEGATE AND ALTERNATE TO SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG). Upon motion by Wilson, second by Kelly, and unanimous vote of the Council, Mayor Romeo Puluqi was appointed delegate to SCAG and Mayor Pro-Tempore Walter Snyder was appointed alternate. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 13, 1983. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Demand Nos. 83-071 and 83-072. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF DECEMBER, 1982. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING 3ANUARY 27, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR RELEASE OF BOND For Tract No. 5553, Ironwood Country Club, Applicant. Rec: Approve the request and reduce the Faithful Performance Bond to 10% of the face amount for the one-year maintenance period or accept a 10% maintenance bond and fully release the Faithful Performance Bond. E. REQUEST FOR APPROVAL OF FINAL MAP For Parcel Map 18831, Housley Associates, Applicant. Rec: Waive further reading and adopt Resolution No. 83-11, approving the Final Parcel Map for Parcel Map 18831. F. REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO. 1048, Highway 111 Improvements from Portola Avenue to San Pablo Avenue. Rec: Accept the work as complete and instruct the City Clerk to file a Notice of Completion for Contract No. 1048 with the County Recorder's Office. Upon motion by Wilson, second by Jackson, the Consent Calendar was approved by unanimous vote of the Council. VIL ORAL COMMUNICATIONS - A MR. SCOTT ELLERBROEK, Vice President of Eldorado Bank, 73-301 Highway 111, Palm Desert, presented the Council with a petition signed by 168 merchants who asked that the Frontage Road system be returned to 2-way traffic. He stated he was chairman of a Chamber of Commerce committee established to review the frontage roads and make suggestions for their revision. He noted that the committee was going to seek the advice of traffic engineers in their proposed solutions. VIQ. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT RELATING TO DESIGN REVIEW BOARD REORGANIZATION. Mayor Puluqi declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report in detail noting that the major areas of change included the name of the commission, reduction in size from 7 to 5, its decision appealable to City Council, and specified terms of membership. He reviewed Staffs justification for the recommended changes. He said that the Planning Commission had received input from architects currently serving on the Design Review Board who felt that the majority of architects on the board should remain as is. The Commission did approve the recommended changes with the recommendation to Council that it evaluate leaving architects in the majority. Mayor Puluqi invited input in FAVOR of the recommended changes, and the following spoke: MR. VERN BARTON, Design Review Board member, stated he was in favor of the changes with the exception of the recommendation to eliminate the requirement for a majority of architects. He stated their expertise was needed, and they should remain in the majority. MR. RICK HOLDEN, 73-330 El Paseo, Palm Desert, addressed Council as a member of the Design Review Board and opposing the recommendation to reduce the number of architects. He favored the other recommended changes. -2- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 27, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. STEVE SULLIVAN, 73-730 Highway 111, Palm Desert, opposed the reduction in the number of architects but supported other recommended changes. MR. RALPH WOOD, Chairman of the Planning Commission, addressed Council to clarify the position of the Commission's recommendation. With no further input offered, Mayor Puluqi declared the Public Hearing ,...r closed. Councilman Wilson noted the structure of this Board had been changed just a few years ago to expand the number of architects in membership. He asked why it was necessary to now reduce it. Mr. Diaz responded that the Board makeup had been changed to increase the number of architects so that a majority of them were always present at the meeting. Councilman Kelly moved to waive further reading and pass Ordinance 326 to second reading. Mayor Puluqi seconded the motion for the purpose of discussion. Councilman Wilson stated he felt the expertise of architects on the Board was important. He felt the Board was and had done an excellent job in creating a community we could all be proud of and could not see changing something that was working so well. Councilman Kelly stated he felt that the landscape architect would create the majority of architects that everyone was concerned about. Councilman Snyder stated that all testimony given had praised the Design Review Board for their excellence, and he could not justify changing it for the sake of change. Councilman Jackson stated she opposed the motion in that she had served on that Board and that 5 architects would not streamline its performance in that it ran smoothly now. The testimony received had verified that. She agreed with Councilmen Snyder and Wilson that something working so well should not be changed. Mayor Puluqi called for a vote on the motion on the floor and the following votes were cast: AYES: Kelly and Puluqi NOES: Jackson, Snyder do Wilson The motion was defeated and the request was denied. *Note: This item was subsequently recalled for discussion and action under Section XVI, REPORTS AND REMARKS, of the Agenda. IX. RESOLUTIONS A. RESOLUTION NO. 83-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, URGING THE STATE LEGISLATURE TO ADOPT A POLICY DESIGNATING THAT ANY LOCAL GOVERNMENT FUNDING WHICH IS REALLOCATED FOR STATE PURPOSES SHOULD BE ALLOCATED FROM LOCAL GOVERNMENT "BAIL -OUT" FUNDS. Mr. Bouman stated this resolution had been requested by the City of Rosemead. It would urge the State legislature to establish the policy of leaving the State subventions intact and discontinue the practice of using State funds to bail out local agencies. He noted that the City of Palm Desert and many other cities without, property taxes had never received bail -out monies, and the proposal to use subsentions money now would penalize us. Upon motion by Wilson, second by Snyder, Resolution No. 83-12 was aa.:opted by unanimous vote of the Council. -3- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 27, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. ORDINANCES For Introduction: 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. Diaz reported that the Council had discussed this in detail during two Study Sessions. The ordinance would prohibit people from parking motor homes within 200 feet of their property and if within 200 feet, would prohibit motor home parking for periods in excess of 48 hours. He noted the specified sizes of vehicles that would be restricted by the ordinance. He noted that the ordinance dealt only with public streets. Upon motion by Snyder, second by Kelly, Ordinance No. 325 was passed to second reading by a 4-1 vote of the Council 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. 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. Diaz reported that the proposed ordinances would bring our Subdivision Ordinance into conformance with State law. Councilman Snyder asked why we were adopting Ordinance No. 328 when there was a court case pending to maintain the City's right to create a general plan for park requirements which would disallow the State's mandate for a reduction in park fees. Mr. Diaz responded he would investigate and report on this prior to the second reading of the ordinance. Councilman Snyder moved to waive further reading and pass Ordinance Nos. 327 and 328 to second reading with direction to Staff to investigate Ordinance No. 328 and current court cases. Councilman Jackson seconded the motion. Motion carried unanimously. For Adoption: 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. Mr. Bouman reported no additional input had been received since first reading of the ordinance. Upon motion by Wilson, second by Kelly, Ordinance No. 318 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None -4- MINUTES -- REGULAR CITY COUNCIL MEETING JANUARY 27, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION FOR REIMBURSEMENT TO SUNRISE COMPANY FOR THE CITY'S SHARE OF THE COSTS OF CONSTRUCTION OF THE MEDIAN STRIP ON COUNTRY CLUB DRIVE. Councilman Snyder moved to approve the request and authorize reimbursement from Account No. 17-4316-000 to Sunrise Company in the amount of $15,855.00. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Council. B. REQUEST FOR AWARD OF CONTRACT TO BASMACIYAN, DARNELL .ASSOCIATES FOR THE DESIGN OF TRAFFIC SIGNALS AT MONTEREY AVENUE ec FRED WARING DRIVE AND AT SAN PABLO AVENUE & FRED WARING DRIVE. Mr. Bouman advised that this matter had been discussed in Study Session and that it dealt with the installation of traffic signals at the intersections of Monterey Avenue and Fred Waring Drive and at San Pablo Avenue and Fred Waring Drive. He recommended adoption of Resolution No. 83-13. Upon motion by Wilson, second by Snyder, Resolution No. 83-13 was adopted by unanimous vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF SIGN ORDINANCE AMENDMENT, The Clothes Horse, Applicant. Mr. Diaz reviewed the staff report and justification for recommendation for denial of the request. MR. EARL. HORENSTEIN, owner of the Clothes Horse, addressed Council and again noted that over 25 merchants had signed a petition in favor of keeping the surrey on the rooftop. He stated he did not feel the surrey was a sign, but a directional symbol to the parking lot in the rear of the store. He said it was a piece of art and should not be considered in the same way a sign would be. He respectfully requested Council's approval of its remaining on the rooftop. MR. RICHARD DANSKIN addressed the Council as an El Paseo merchant and in favor of the surrey remaining on the rooftop. He felt it was more a work of art than anything and should not be considered a sign in its application for approval. Councilman Snyder stated the City had created a sign ordinance to keep our community in good taste. He stated she felt the approval of this would be precedent setting. Mayor Puluqi agreed that this were allowed, many others would come forth with identical requests. Councilman Wilson stated that he liked the surrey and while he agreed with other members of the Council about the violation of the sign ordinance and preventing similar installations, he wondered what could be done to allow some creativity such as this. Councilman Kelly and Jackson both expressed concerns about setting a precedent and opening doors for others. Councilman Snyder moved to deny the request and advise the applicant the carriage should be removed. Councilman Kelly seconded the motion. Moton carried by unanimous vote of the Council. -5- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 27, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR CONSTRUCTION OF PALM DESERT TOWN CENTER FIRE STATION. Mr.' Ortega reviewed the staff report and recommendation. He noted for the record that the low bidder for the contract minus alternate #1 had been disqualified by the City Attorney inasmuch as he had not submitted a valid bidder's bond. Therefore, Robert Jacobs Co. was the low bidder in both alternates. Councilman Snyder moved to award the contract to Robert Jacobs Co., low bidder, in the amount of $$742,810 which represents the base bid plus Alternate No. 2. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. XV. ORAL COMMUNICATIONS - B MS. PATRICIA STODDARD, 73-585 Encilia, Palm Desert, addressed Council in opposition to Ordinance No. 325 dealing with the parking of motor homes. She felt it would prohibit her from using her vehicle for shopping and subsequent parking in shopping areas. Staff explained that it prohibited her from parking on public streets in excess of 48 hours. She noted she lived at Ironwood Country Club which did not allow parking of motor homes within its gates and therefore owners were parking on Portola Avenue. She objected to the ordinance prohibiting her from doing so in the future and forcing her to rent space for storage. MS. JUDY HOTMER, Ironwood Country Club resident, objected to the ordinance in that it would force her to seek storage for her vehicle. Councilman Wilson pointed out that it would also protect her from others parking in front of her home. MR. CHARLES TRIPP, 74-232 Aster, Palm Desert, addressed Council in support of the surrey and other creative graphics in the City. XVI. REPORTS AND REMARKS A. CITY MANAGER REQUEST FOR APPROVAL OF TRAFFIC SIGNAL MODIFICATION AT COUNTRY CLUB DRIVE AND MONTEREY AVENUE. Mr. Bouman explained that we had a request from the City of Rancho Mirage to share in the costs of modifying the signal at Country Club and Monterey Avenue to accommodate a right-hand turn lane. He recommended approval of the request. Councilman Kelly moved to authorize the expenditure -of $3,000 from the Traffic Signalization Fund for the modification of the signal at Monterey Avenue and Country Club Drive. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Council. Mr. Bouman requested a closed session of the Coupcil following adjournment of the Redevelopment Agency meeting' to discuss a personnel matter. B. CITY ATTORNEY CLAIM AGAINST THE CITY BY JOHN L. WEBB. Mr. Patterson advised that Mr. John L. Webb had filed a claim against the City in the amount of $2,000,000 for alleged damages incurred in an automobile accident. Councilman Snyder moved to deny the claim and instruct the City Clerk to so advise the claimant. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. -6- MINUTES REGULAR CITY COON.. MEETING JANUARY 27, 1983 * * * * * * * * * * * * * * * * * * * * * * *'* * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL ORDINANCE NO. 326 - DES N REVIEW BOARD REORGANIZATION. Councilman Jackson stated \she felt the Council should at least reconsider the length of terms established by the proposed ordinance which had been reviewed earlier in the Agenda. Councilman Jackson moved to amend the existing ordinance to include terms of office for the existing 7-member board. Councilman Wilson seconded the motion. Mr. Diaz explained that this could be accomplished by amending the existing ordinance. Councilman Jackson withdrew her motion and Councilman Wilson withdrew his second. Councilman Snyder moved to continue the matter to the meeting of February 10, 1983, to allow staff to prepare the necessary revisions. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. Mayor Puluqi asked that everyone note the Future Meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Wilson, second by Jackson, and unanimous vote of the Council, Mayor Puluqi adjourned the Council meeting to Closed Session to immediately following adjournment of the Redevelopment Agency meeting at 9:35 p.m. Mayor Puluqi reconvened the meeting at 11:58 p.m. and immediately adjourned to Closed Session at 3:00 p.m. on Thursday, February 3, 1983. ATTEST: d SHEILA R. GILL • N, CITY �' K CITY OF PALM DESERT, C ORNIA -7- MEO S. PULUQI, MAYOR