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HomeMy WebLinkAbout1983-05-12MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MAY 12, 1983 CITY HALL COUNCIL CHAMBERS 7:00 P. M. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Puluqi convened the Regular City Council meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Mayor Pro-Tempore Walter H. Snyder IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tem Walter H. Snyder Councilman Phyllis Jackson Councilman S. Roy Wilson Councilman Richard S. Kelly 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 PL:,Iic Works Ramon A. Diaz, Director of Environmental Services Larry R. McAllister, Administrative Services Officer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS TO THE CIVIC ARTS COMMITTEE Mayor Puluqi announced that he had appointed the following individuals to the Civic Arts Committee: Alexis D. Newbrander (Chairman), Mrs. Betty Barker, Vernon Barton, Becky Colman, Helen Huntington, John Kennedy, Jane Leung, and Hovak Najarian. He noted that Councilman Jackson served as Council liaison and asked for Council's ratification of these appointments. Upon motion by Snyder, second by Wilson, the appointments were ratified by unanimous vote of the Councilmen present. B. PROCLAMATION DECLARING MAY 15, 1983, AS CLIFFORD HENDERSON DAY. Mayor Puluqi read the proclamation and presented it to Mrs. Evelyn Young, member of the Palm Desert Historical Society. VI. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of April 26, 1983. Rec: Approve as presented. B. MINUTES of the Regular City Council Meeting of April 28, 1983. Rec: Approve as presented. C. MINUTES of the Adjourned City Council Meeting of May 3, 1983. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING MAY 12, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MINUTES of the Adjourned City Council Meeting of May 5, 1983. Rec: Approve as presented. E. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 83-103. Rec: Approve as presented. F. CLAIM AGAINST THE CITY By Audrey Hagerty $5,000.00 for Alleged Personal Injuries. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. G. CLAIM AGAINST THE CITY By L. Clyde Beebe In An Unspecified Amount. Rec: Deny the Claim for the specific reason that it was filed too late. H. RESOLUTION NO. 83-31 - 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. I. REQUEST FOR STREET VACATION for a Portion of Sonora Street at Monterey Avenue. Rec: Instruct the City Clerk to publish a Legal Notice of Public Hearing for May 26, 1983. Mrs. Gilligan, City Clerk, requested the removal of Item B, Minutes of the April 28, 1983, and continuance for approval at the May 26, 1983, meeting. Upon motion by Snyder, second by Wilson, the Consent Calendar was approved as presented with the exception of Item B by unanimous vote of the Councilmen present. VII. ORAL COMMUNICATIONS - A MR. BERT ROEMMER, 73-401 Broken Arrow Trail, Palm Desert, addressed the Council and presented a petition for residence of Palm Desert for the Cook Street facilities. A total of 200 people had signed the petition which requested that the Council insure that the Cook Street facility remain under the control of the City, the Council allow the Palm Desert Parks and Recreation Commission to schedule baseball, soccer, and adult recreation on said facility, the Council provide local Palm Desert maintenance and Palm Desert supervision of said facility, and the Council to not allow the facility to be turned over to the Coachella Valley Recreation and Park District. Mayor Puluqi thanked Mr. Roemmer for his input and assured him that Council would seriously consider the requests. MR. BOB SCHNECK, Local Manager of the Red Cross, addressed Council and outlined a new program being developed for disaster preparedness in the event of an earthquake. He said they were soliciting volunteers in the community and asked the Council for support of their program. Councilman Wilson asked the City Manager to place this item on a future Study Session agenda so that the Council could be as prepared as possible for this type of disaster. Mayor Puluqi thanked Mr. Schneck for taking the time to make his presentation to the Council. -2- MINUTES - REGULAR CITY COUNCIL MEETING MAY 12, 1983 * * * * * * * * * * * * * *. * * * * * * * * * * * * * * * * * * * MAYOR PULUQI NOTED THE NUMBER OF PEOPLE IN THE AUDIENCE WHO WERE IN ATTENDANCE TO HEAR THE ISSUE RELATING TO RENT CONTROL. WITH COUNCIL CONCURRENCE2 HE ASKED THAT THE ITEM BE TAKEN OUT OF AGENDA ORDER AND DISCUSSED AT THIS POINT IN THE MEETING. X. ORDINANCES For Adoption: A. ORDINANCE NO. 329 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER TO THE CODE OF THE CITY OF PALM DESERT RELATING TO MOBILE HOME PARK RENT REVIEW. Mr. Ortega reported that the City had received no formal communication on this ordinance other than a letter from the Sun and Shadow Motel opposing it. Dave Erwin stated that after the Council's last meeting and passage of the ordinance to second reading, one particular item had been brought to his attention by Councilman Jackson, that being the 50% figure used in the ordinance. His concern was that the park owners could raise rents to less than 50% of the tenants and the tenants could not petition for a hearing. In addition, he noted a letter from a Mr. Swanson, attorney for one of the park owners, wherein several changes were suggested, and he reviewed these proposed revisions individually for the Council. He requested a continuance of the item until he could sit down with Council in Study Session to review all of these proposed revisions. He said that if, in fact, Council wished to include changes, the ordinance would require another first reading. Mayor Puluqi stated he had no proems continuing the matter as he wanted the ordinance to be as thorough as it could be. He asked Mr. Erwin if another public hearing would be required if changes were made. Mr. Erwin responded that this matter did not require a public hearing by law. Councilman Wilson stated he shared the City Attorney's concern for the legalities of the ordinance. However, he hated to see the item continued over and over again. He felt that the City should make every effort this time to get the ordinance to the point where all changes had been considered and included. Councilman Snyder concurred. He said that the Council wanted an ordinance that would give the tenants and landlords the protection they both deserved, but he too would like to get to the point where there really was a final draft of the ordinance. He agreed to the idea of a Study Session which would include representatives of both sides of the issue to iron the ordinance out once and for all. Mr. Ortega suggested the Council hold a Study Session the following Tuesday, May 17th, at 9:30 a.m. Council concurred and invited representatives from all interested parties to attend. Upon motion by Puluqi, second by Snyder, and unanimous vote of the Councilmen present, the item was continued to the meeting of May 26, 1983. VIII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-4, S.P. TO PR-7, S.P., A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN OF DESIGN AND TENTATIVE TRACT MAP TO ALLOW 450 RESIDENTIAL UNITS ON 70.28 GROSS ACRES AT THE NORTHWEST CORNER OF SAN PASQUAL AVENUE AND FRED WARING DRIVE, SAN PABLO PROPERTIES, LTD., APPLICANT. CASE NO. C/Z 01-83. (Continued from the Meeting of April 28, 1983) Mayor Puluqi declared the Public Hearing open and asked for staff's report. - 3- MINUTES REGULAR CITY COUNCIL MEETING MAY 12, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz requested a 2-week continuance of the item. Mayor Puluqi invited input in FAVOR of the request, and the following spoke: MR. GER BRUTAN, 6833 Indian Avenue, Riverside, consulting engineer for the applicant, stated that the owner was ill and unable to attend the meeting. Since his input would be of great importance, he supported the request for continuance. Mayor Puluqi invited input in OPPOSITION to the request, and none was offered. Upon motion by Wilson, second by Snyder, and unanimous vote of the Councilmen present, the item was continued to the meeting of May 26, 1983. B. CONSIDERATION OF REQUEST FOR AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE CHAPTER 25.58 CONCERNING OFF-STREET PARKING, CITY OF PALM DESERT, APPLICANT. CASE NO. ZOA 01-83. (Continued from the Meeting of April 28, 1983) Mayor Puluqi declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the report in detail covering the proposed changes in requirements for parking spaces for medical offices, beauty parlors, the industrial area, and valet parking. He noted the request was generated by the Planning Commission as the result of processing numerous conditional use permits. He stated justifications for the proposed revisions. Councilman Snyder stated that valet services currently are not required to have insurance. Mr. Erwin stated this could be made a provision of the ordinance. Mayor Puluqi stated that he felt giving existing restaurants and valet operators 6 months to obtain clearance from the Technical Traffic Advisory Committee was too long. Mr. Erwin responded that if the situation was creating a hazard, the requirement could be made for immediate correction. Mayor Puluqi invited input in FAVOR of the ordinance, and none was offered. He invited input in opposition to the ordinance, and the following spoke: MR. ED DONOTELLY, 43-555 Deep Canyon Road, Palm Desert, spoke for clarification on what the ordinance would do. He noted that he was a new resident of Palm Desert. He did not actually oppose the ordinance. Mayor Puluqi declared the Public Hearing closed Councilman Snyder moved to waive further reading and pass Ordinance No. 335 to second reading amended to provide for immediate approval of parking lots by the Technical Traffic Committee and to include a provision that insurance satisfactory to the City staff be required from valet parking operators. Mayor Puluqi seconded the motion. Motion carried by unanimous vote of the Councilmen present. C. CONSIDERATION OF A REQUEST FOR AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE MODIFYING CONDOMINIUM MINIMUM FLOOR AREAS AND PARKING REQUIREMENTS. Mayor Puluqi declared the Public Hearing open and asked for staff's report. Mr. Diaz stated that this request was related to Item A which was continued and asked for same action. Mayor Puluqi invited input in FAVOR of or in OPPOSITION to the request. MR. GER BRUTAN, representative of the applicant, asked that this item too be continued. -4- MINUTES REGULAR CITY COUNCIL MEETING MAY 12, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Wilson, second by Snyder, and unanimous vote of the Councilmen present, the item was continued to the meeting of May 26, 1983. D. CONSIDERATION OF A REQUEST FOR AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE PROVIDING FOR STANDARDS FOR THE INSTALLATION OF HOME SATELLITE ANTENNAS. Mayor Puluqi declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the report in detail stating the purpose was to insure that this type of antenna was shielded from a neighbor's view and not an unsightly part of the neighborhood. He stated he did not anticipate a problem with enforcement because people having these antennas would sheild them so that burglars would not enter their home to steal the expensive equipment they own to utilize this type of antenna. Mayor Puluqi invited input in FAVOR of the ordinance. MR. RALPH WOOD, Chairman of the Planning Commission, spoke in support of the Commission's recommendation. MR. ALBERT BOLLMAN, 72-958 Belair Road, Palm Desert, addressed Council as owner of Boliman's TV. Mayor Puluqi invited input in OPPOSITION to the ordinance, and none was offered. He declared the Public Hearing closed. Councilman Wilson asked if existing antennas would be grandfathered in, and Mr. Diaz responded that they would be. Mayor Puluqi reopened the Public Hearing. MR. BOLLMAN asked several questions about some of the provisions of the ordinance which Council advised would require some study by staff. Council suggested that Mr. Bollman meet with Mr. Diaz prior to the next meeting to express his concerns and see if they can be addressed in the ordinance. Upon motion by Wilson, second by snyder, and unanimous vote of the Councilmen present, the item was continued to the meeting of May 26, 1983. E. REQUEST FOR CONSIDERATION OF PER -PARCEL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 4 (TRACT 8237), 1983-84 ASSESSMENT. Mayor Puluqi declared the Public Hearing open and asked for staff's report. Mr. McClellan reported that he had been advised that some required legal posting had not been accomplished and asked for a continuance to the meeting of May 26, 1983. Mayor Puluqi invited input in FAVOR of or in OPPOSITION to the request, and none was offered. Upon motion by Wilson, second by Snyder, and unanimous vote of the Councilmen present, the item was continued to the meeting of May 26, 1983. IX. RESOLUTIONS A. RESOLUTION NO. 83-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DECLARING ITS INTENT TO FORM A LANDSCAPING AND LIGHTING DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND SETTING A DATE FOR PUBLIC HEARING ON SAME, KNOWN AS LANDSCAPE AND LIGHTING DISTRICT NO. 5 (COOK -COUNTRY CLUB ASSESSMENT DISTRICT). Mr. Diaz reported that this was the first step in forming the assessment district. He reviewed the provisions of the resolution. -5- , MINUTES REGULAR CITY COUNCIL MEETING MAY 12, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson asked if the City would be forced to take this over once it went into affect. Mr. Diaz responded that the City would not accept it until it was ready. Upon motion by Wilson, second by Snyder, Resolution No. 83-33 was adopted by unanimous vote of the Councilmen present. B. RESOLUTION NO. 83-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE CITY CLERK TO KEEP AND MAINTAIN A MINUTE BOOK OF MATTERS DISCUSSED AT CLOSED SESSIONS OF SAID CITY COUNCIL PURSUANT TO SECTION 54957.2 OF THE GOVERNMENT CODE. Mr. Erwin reported that the Government Code required this resolution if minutes were to be taken in Closed Session. Councilman Wilson stated it was not the intent of the Council to require minutes by having the Clerk attend Closed Session. It was being done more to assure that the Council did report action if taken. Mr. Erwin responded that the resolution could be amended by adding "the content of minutes to be as determined by the City Council". Upon motion by Snyder, second by Wilson, Resolution No. 83-34 was adopted as amended by unanimous vote of the Councilmen present. C. RESOLUTION NO. 83-35 - 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 reviewed the provisions of the resolution stating that the applicant had met the requirements for the variance. He recommended the amendment of the resolution by adding Section (3) to state: That the approval is subject to substantial completion of the water carrying capability of the Palm Valley Channel including installation of debris basin and dam to deflect water into the Palm Valley Channel; said substantial completion shall be determined by the Staff of the City of Palm Desert. This amendment was provided by the City Attorney. Upon motion by Snyder, second by Wilson, Resolution No. 83-35 was adopted as amended by unanimous vote of the Councilmen present. D. RESOLUTION NO. 83-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING do LIGHTING DISTRICT 81-3 IN FISCAL YEAR 1983- 84. (TRACT 12181-1) E. RESOLUTION NO. 83-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE do LIGHTING ASSESSMENT DISTRICT 1980-1 IN FISCAL YEAR 1983-84. F. RESOLUTION NO. 83-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING do LIGHTING ASSESSMENT DISTRICT NO. 2 (LEWIS HOMES) IN FISCAL YEAR 1983-84. Mr. McClellan reported that this was a standard resolution setting a public hearing wherein Council would consider setting the assessments for these various districts on June 9, 1983. He reccrnmended adoption of all three resolutions. Upon motion by Wilson, second by Snyder, Resolution Nos. 83-36, 83-37, and 83-38 were adopted by unanimous vote of the Councilmen present. -6- MINUTES - REGULAR CITY COUNCIL MEETING MAY 12, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. RESOLUTION NO. 83-39 - 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). RONALD W. CATHCART, APPLICANT. Mr. McClellan reported that the applicant had met the requirements for such a variance and recommended adoption of the resolution. Councilman Wilson asked if the property were on the southerly side of the street. Mr. McClellan responded that it should be northerly side. Upon motion by Wilson, second by Snyder, REsolution No. 83-39 was adopted as amended by unanimous vote of the Councilmen present. X. ORDINANCES For Introduction: A. ORDINANCE NO. 339 - 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 item should be consider in conjunction with another request coming before the Council in the near future. He requested continuance to the meeting of June 9, 1983. Upon motion by Snyder, second by Wilson, and •unanimous vote of the Councilmen present, the item was continued to the meeting of June 9, 1983. For Adoption: A. ORDINANCE NO. 329 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER TO THE CODE OF THE CITY OF PALM DESERT RELATING TO MOBILE HOME PARK RENT REVIEW. Continued to the meeting of May 26, 1983, by action taken immediately prior to the Public Hearing section of the Agenda. B. ORDINANCE NO. 332 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 8.32 TO THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT VEHICLE PARKING AND REPAIRS IN RESIDENTIAL DISTRICTS CODE". Mr. Ortega noted that a petition had been received containing 10 signatures of people in support of this ordinance. Upon motion by Wilson, second by Snyder, Ordinance No. 332 was adopted by unanimous vote of the Councilmen present. C. ORDINANCE NO. 336 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE CITY MANAGER. Upon motion by Wilson, second by Snyder, Ordinance No. 336 was adopted by unanimous vote of the Councilmen present. XI. XII. CONSENT ITEMS HELD OVER N one NEW BUSINESS A. REQUEST FOR APPROVAL OF STREET SWEEPING SERVICES CONTRACT FOR FISCAL YEAR 1983-84. Mr. Ortega reported that this approval should be contingent upon -7- MINUTES REGULAR CITY COUNCIL MEETING MAY 12, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * adoption of the 1983-84 budget as it was for services for the next fiscal year. Councilman Snyder moved to, by Minute Motion, award the contract for street sweeping services to Houston's Country Club Sweeping for Fiscal Year 1983-84, contingent upon the adoption of the 1983-84 budget. Mayor Puluqi seconded the motion. Motion carried by unanimous vote of the Councilmen present. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT NO. 1058, PORTOLA CULVERT, AND AUTHORIZATION OF THE TRANSFER OF FUNDS FROM CAPITAL RESERVES TO THE PROJECT. Mr. McClellan asked for a continuance to the meeting of May 26, 1983, to allow him time to verify possible alternatives with the Coachella Valley Water District. Upon motion by Wilson, second by Snyder, and unanimous vote of the Councilmen present, the item was continued to the meeting of May 26, 1983. B. REQUEST FOR AWARD OF CONTRACT FOR COMPLETE TELEPHONE SYSTEM FOR CIVIC CENTER. Mr. Ortega reported that this item had discussed at length in Study Session with a representative of the contractor present who answered questions. He recommended an addition to the motion to state "appropriating funds therefore from the current year's unencumbered General Fund balances. Councilman Snyder moved to, by Minute Motion, authorize the award of a contract to Executone Communications Systems, for a seven-year lease purchase in the amount of $8,270 annually, appropriating funds therefore from the current year's unencumbered General Fund balances, and authorize the Mayor to execute same. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Councilmen present. C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1, PALM DESERT TOWN CENTER FIRE STATION. Mr. McClellan reviewed the justification for the requested change order. He noted that it was being requested to expedite construction but that it was still being negotiated with the architect. The architect felt that while a proper soils report had not been completed, the corrective measures taken had in fact saved the City money. Mr. McClellan stated he was investigating whether or not this was fact. If not, he would request the architect to pay the full cost of the change order. Mayor Puluqi expressed strong opposition to the City's paying for this change order. Councilman Wilson stated he felt the City should expedite this construction with the understanding that staff was directed to negotiate with the architect. Councilman Wilson moved to approve the Change Order No. 1 with direction to staff to continue its investigation as to who will pay for it. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Councilmen present. XV. ORAL COMMUNICATIONS - B N one -8- MINUTES REGULAR CITY COUNCIL MEETING MAY 12, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. XVI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY N one C. MAYOR AND MEMBERS OF THE CITY COUNCIL N one ADJOURNMENT Upon motion by Snyder, second by Wilson, and unanimous vote of the Councilmen present, Mayor Puluqi adjourned the meeting at 9:57 p.m. to 9:00 a.m. on Tuesday, May 17, 1983. ATTEST: SHEILA GILLIGAN, CITY ' LERK CITY OF PALM DESERT, . LIFORNIA OMEO S. PULUQI, MAYOR -9-