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HomeMy WebLinkAbout1983-06-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 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 - Mayor Pro-Tempore Walter H. Snyder M. INVOCATION - Councilman Phyllis Jackson 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 Douglas Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, Director of Environmental Services Paul E. Byers, Director of Finance Barry D. McClellan, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of May 12, 1983. Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of May 24, 1983. Rec: Approve as presented. C. MINUTES of the Regular Meeting of May 26, 1983. Rec: Approve as presented. D. MINUTES of the Adjourned Meeting of May 31, 1983. Rec: Approve as presented. E. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 83-113. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING 3UNE 9, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. RESOLUTION NO. 83-54A- 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 AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By lames Gene Frazier for Captain James Fish & Chips, 73-155 Highway 111, Palm Desert, California. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By T G I Friday's, Inc. 72-620 El Paseo, Palm Desert, California. Rec: Receive and file. Upon motion by Jackson, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Council. MAYOR PULUQI CALLED UP ORDINANCE NO. 329 DEALING WITH RENT CONTROL DUE TO THE NUMBER OF PEOPLE IN ATTENDANCE TO HEAR THE ISSUE. HE NOTED THAT WHILE THIS WAS NOT SCHEDULED AS A PUBLIC HEARING] INDIVIDUALS WISHING TO ADDRESS THE NEW, CHANGES TO THE ORDINANCE WOULD BE ALLOWED TO SPEAK. X. ORDINANCES For Introduction: A. ORDINANCE NO. 329 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.50 TO THE CODE OF THE CITY OF PALM DESERT RELATING TO MOBILE HOME PARK RENT REVIEW. Mr. Ortega stated this was the revised version of the ordinance as requested by Council. He noted it had been reviewed at length in Study Session. For the benefit of the audience, Mr. Phillips reviewed the changes and new portions of the ordinance. He concluded by reading Section 9.50.140, "Termination of Services", which was put back into the ordinance as a result of Study Session discussion. Mayor Puluqi invited input in FAVOR of the ordinance. MR. NICK CIMINO, Silver Spur Mobile Home Park, addressed Council in support of the ordinance as presented. Mayor Puluqi invited input in OPPOSITION to the ordinance, and the following spoke: MR. BRENT SWANSON, attorney for Indian Springs Mobile Horne Park, said this was undoubtedly the worst ordinance he had ever read. He strongly objected to the wording "hardship" and said that this legislation would place the burden on the park owners which he felt was unfair. He said the owners had a right to fair return on their investment. MR. BRUCE BEDIG, Partner in Silver Spur Mobile Manor, objected to the rent review process saying it would cost the owners thousands of dollars before a decision could be made. He too felt the owners had a right to fair return on their investment. MR. JIM GOLDSTEIN, owner of Indian Springs, objected to what he felt was four sets of hearings before a decision by a rent review board. He objected to the ordinance making no requirement as to who the rent review board would be and concluded by stating that the ordinance was very one-sided. -2- MINUTES REGULAR CITY COUN . MEETING JUNE 9, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1 MS. DEBORAH HARTOGENSIS, Western Mobile Home Association, read a prepared statement in opposition to the ordinance. Councilman Kelly stated that he felt the ordinance was a good one and fair to all. Councilman Jackson stated she had grave concerns about what this ordinance would do to the entire taxpaying citizenry of the community. She felt if a decision was to be made, it should be made by all the people by putting it to a vote. Councilman Wilson stated the Council had had ample time to read the ordinance and study it. He believed it was much better than the original and that it was fair to both sides. Councilman Snyder said he felt this was the best possible legislation for all people involved. Mayor Puluqi stated that supply and demand had much to do with this inasmuch as the tenants in a mobile home park do not have the same choices as other tenants. In our community, the demand for these types of rentals was greater than the supply which necessitated this type of legislation. Councilman Wilson moved to waive further reading and pass Ordinance No. 329 to second reading. Councilman Kelly seconded the motion. Motion carried by a 4-1 vote of the Council with Councilman Jackson voting NO. VII. ORAL COMMUNICATIONS - A None VIU. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST OF PROPOSED REVISIONS TO THE PALM DESERT MUNICIPAL CODE RELATING TO BUSINESS LICENSE CATEGORIES AND RATES. (Continued from May 26, 1983, Meeting.) Mayor Puluqi noted this Public Hearing was open and asked for Staff's report. Mr. Ortega stated that a subcommittee of the Chamber of Commerce was reviewing the proposed amendments and asked for a continuance to June 23, 1983, to allow them time to submit any recommendations. Mayor Puluqi 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 Wilson, second by Snyder, the item was continued to June 23, 1983, by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 81-3. 1983-84 ASSESSMENT. Mayor Puluqi declared the Public Hearing open and asked for Staffs report. Mr. McClellan reviewed the report for the district which was in the Vineyards development. He stated the assessment proposed was $28.90 per parcel. Mayor Puluqi invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Upon motion by Snyder, second by Kelly, Resolution No.83-48 was adopted by unanimous vote of the Council. -3- MINUTES REGULAR CITY COUNCIL MEETING JUNE 9, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 2, 1983-84 ASSESSMENT. Mayor Puluqi declared the Public Hearing open and asked for Staffs report. Mr. McClellan stated this involved the Lewis Homes' Canyon Cove development assessment district which was formed in 1979. He noted that later in the Agenda, Council would be asked to adopt a resolution providing for the annexation of additional territory or the undeveloped portion of the project into this district. The issue was discussed at length in Study Session at which the applicant was present. He reviewed the report and its request for the levy of $181.16 per parcel. Mayor Puluqi invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and the following spoke: MR. STAN MORSE, 73-255 El Paseo, Palm Desert, spoke on behalf of Lewis Homes and stated that the figures presented by staff were much lower than what they would actually be. He felt the costs would be two and one-half greater than presented by staff. MR. JERRY WALSH, Corporate Counsel for Lewis Homes, stated they had not had proper time to review this and asked for a two to four -week continuance. Mayor Puluqi declared the Public Hearing closed. Mayor Puluqi stated that when this project had been approved by the Planning Commission and City Council in 1979, it was with the promise that it would be aesthetically pleasing for the community and would provide for drainage in that area. The community has been promised that and the City is anxiously awaiting it — particularly the channel. Councilman Snyder concurred that it was a part of the give-and-take in the approval process. Mayor Puluqi reopened the Public Hearing. MR. GERALD WALSH, staff attorney for Lewis Homes, said that Proposition 13 had changed many things and that when they felt property owners would have to pay a $50 assessment, it was in fact $450. He again asked for a continuance to get better cost estimates. Mayor Puluqi declared the Public Hearing closed. Upon question by the Mayor, Mr. McClellan stated he felt sure of staff's proposed levy of $181.16 and did not feel it would be $450 as stated by the applicant's representative. Councilman Jackson stated that both sets of figures should be reexamined if there was that much discrepancy. Upon motion by Wilson, second by Snyder, Resolution No. 83-49 was adopted by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1980-1, 1983-84 ASSESSMENT. Mayor Puluqi declared the Public Hearing open and asked for staff's report. Mr. McClellan stated that this district was formed in 1980. The projected assessment for fiscal year 1983-84 was $53,161 which included an $11,449 deficit. He noted that the assessment for each parcel was based on two factors -- refuse collection being assessed on the basis of building square footage and the remainder of the costs -4- MINUTES REGULAR CITY COUN MEETING JUNE 9, 1983 * * * * * * * * * * * * * * * * * * * * * *-* * * * * * * * * * assessed on the basis of front footage for each lot. He recommended approval of the proposed tax levies. Mayor Puluqi invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the public hearing closed. Upon motion by Jackson, second by Kelly, Resolution No. 83-50 was adopted by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 83-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING THE ANNEXATION OF ADDITIONAL TERRITORY TO LANDSCAPING AND LIGHTING DISTRICT NO. 2 (CANYON COVE) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. Mr. McClellan reviewed the staff report stating that because the developer is about to proceed with the landscaping of the Haystack Channel, it becomes necessary to expand the assessment district to encompass the entire subdivision. This will provide an equal share of assessment for each parcel. He recommended approval of the resolution declaring the Council's intent to amend the district and order the preparation of an engineer's report. Mayor Puluqi noted that while this was not a public hearing, he would receive input from the developer. MR. GERALD WALSH, attorney for Lewis Homes, stated they objected to the costs as presented earlier by staff in that they did not feel them to be realistic. In addition, he felt that portions of the area other than his subdivision benefited from these improvements and that they should pay their fair share. Mr. Ortega advised Mr. Walsh that this resolution merely stated the Council was going to look at it and that a public hearing- would have to be held at a later date before actual annexation could be approved. Upon motion by Snyder, second by Jackson, Resolution No. 83-51 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 83-52 - 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). IRONWOOD COUNTRY CLUB, APPLICANT. Mr. McClellan reported that this item had been discussed in Study Session. It involved three lots in an A03 zone, and all requirements for a variance had been met. Upon motion by Kelly, second by Snyder, Resolution No. 83-52 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 83-53 - 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). MIKE SUKO, APPLICANT. Mr. McClellan reported that this request did meet all necessary requirements, and he recommended approval with the amendment of "southerly" to "northerly" in the first WHEREAS. Upon motion by Wilson, second by Snyder, Resolution No. 83-53 was adopted by unanimous vote of the Council. -5- MINUTES REGULAR CITY COUNCIL MEETING JUNE 9, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. ORDINANCES For Introduction: A. ORDINANCE NO. 329 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.50 TO THE CODE OF THE CITY OF PALM DESERT RELATING TO MOBILE HOME PARK RENT REVIEW. Action taken immediately following Consent Calendar approval. B. ORDINANCE NO. 340 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.28.080 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO DELINQUENT TRANSIENT OCCUPANCY TAXES. Mr. Ortega reported that this ordinance basically established a penalty for delinquent transient occupancy taxes. He stated that the Auditor had recommended changing the 1/2% per month to 1% and the 6% to 12% in order to create more incentive to pay on time. Upon motion by Snyder, second by Kelly, Ordinance No. 340 as amended was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 333 - 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 PR-4, S.P., TO PR-7, S.P. CASE NO. C/Z 01-83. Mr. Ortega reported no further input had been received since first reading of the ordinance. Upon motion by Jackson, second by Kelly, Ordinance No. 333 was adopted by a 3-2 vote of the Council with Councilmen Snyder and Wilson voting NO. B. ORDINANCE NO. 334 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT CREATING CHAPTER 25.21 - SECOND UNIT SENIOR HOUSING, SETTING FORTH STANDARDS AND REQUIREMENTS FOR THE CONSTRUCTION OF SECOND UNITS ON LOTS PRESENTLY ZONED FOR ONE DWELLING UNIT. CASE NO. ZOA 03-83. Mr. Ortega reported no further input had been received since first reading of the ordinance. Upon motion by Snyder, second by Kelly, ordinance No. 334 was adopted by a 4-1 vote of the Council with Councilman Jackson voting NO. C. ORDINANCE NO. 337 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AMENDMENTS TO THE ZONING ORDINANCE TEXT. CASE NO. ZOA 04-83. Mr. Ortega reported that the City had received no further input since first reading of the ordinance. However, Councilman Wilson questioned the revisions made since first reading. He noted the ordinance now read 1.5 parking spaces and 2.5 parking spaces. It was his understanding that it should be 2.0 spaces. Additionally, the reference to on -street parking on private streets being allowable as credit toward required uncovered parking requirements should be deleted as he understood it. Mr. Diaz responded this was a clerical error and it would be corrected. Upon motion by Kelly, second by Wilson, Ordinance No. 337 was adopted by unanimous vote of the Council. -6- MINUTES REGULAR CITY COUN MEETING JUNE 9, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. ORDINANCE NO. 338 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 25.56.301 PROVIDING STANDARDS FOR THE INSTALLATION OF HOME SATELLITE RECEIVERS AND AMENDING SECTION 25.56.300, A CLASS 5 CATEGORICAL EXEMPTION FOR THE PURPOSES OF CEQA. CASE NO. ZOA 12-82. Mr. Ortega reported that no further input had been received since first reading of the ordinance. Upon motion by Wilson, second by Kelly, Ordinance No. 338 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. PRESENTATION OF PROPOSED 1983-84 FISCAL YEAR BUDGET. Mr. Ortega noted that Council had received copies of the proposed budget. While State law did not require a public hearing for adoption of the budget, it did require a hearing for consideration of Federal Revenue Sharing monies included within the budget. He reviewed proposed revenues and expenditures for fiscal year 1983-84. Councilman Snyder moved to receive the proposed budget and direct City Clerk to legally advertise a public hearing for June 23, 1983. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF AN ENGINEERING SERVICES CONTRACT FOR THE FRED WARING DRIVE STORM DRAIN AND STREET WIDENING PROJECT. Mr. McClellan reviewed the staff report and recommendation noting that this item had been discussed at length in Study Session. Councilman Snyder moved to, by Minute Motion, award the contract for engineering services to Boyle Engineering in the amount of $39,500. Councilman Wilson seconded the motion. Motion carried byunanimous vote of the Council. C. REQUEST FOR AUTHORIZATION OF REFUND OF STATE MANDATED REIMBURSEMENT - WORKERS COMPENSATION COSTS. Councilman Jackson moved to, by Minute Motion, authorize a refund in the amount of $687.00 to the State Controller from mandated cost reimbursement for Workers Compensation Costs of 1981-82 and appropriate the additional sum of $116.04 from the Unobligated Fund Balance of the General Fund to Account 01-4980-000 "Refunds of Prior Year's Revenues". Mayor Puluqi seconded the motion. Motion carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None -7- MINUTES REGULAR CITY COUNCIL MEETING JUNE 9, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR DETERMINATION OF SOLE SOURCE FOR TILE FOR CIVIC CENTER. Mr. Ortega reported that before a purchase order could be issued for the desired tile for the Civic Center, Council must make a finding that the tile is manufactured and distributed through only one source and that timing of the project necessitates us going to that distrubutor. Councilman Jackson moved to determine that the desired tile for the Civic Center was manufactured and distrubuted through only one source and that timing for the project necessitated us using this source. Mayor Puluqi seconded the motion. Motion carried by a 3-1-1 vote with Councilman Wilson voting NO and Councilman Snyder ABSTAINING. B. CITY ATTORNEY N one C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Puluqi asked Mrs. Gilligan about the availability of the rent control ordinance to the public. Mrs. Gilligan responded that the ordinance had not been received until early Wednesday morning. Many tenants had telephoned about its availability and had continued calling until it was ready. They then came in to pick up a copy of it. None of the owners called to receive information on the status of the ordinance nor did they make an attempt to obtain a copy prior to the meeting. Mayor Puluqi announced that a precise plan for One Quail Place which had been approved by the Planning Commission had been called up for review by the Council. XVII. ADJOURNMENT Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Mayor Puluqi adjourned the meeting at 9:28 p.m. to Closed Session for the purpose of discussing personnel matters. Mayor Puluqi reconvened the meeting at 11:32 p.m. and adjourned to 9:00 a.m. Tuesday, June 14, 1983. ATTEST: SHEILA R. ' LIGAN, i Y CLERK CITY OF PALM DES .�' , CALIFORNIA tMEO S. PULUQI, MA4.0 YOR -8-