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HomeMy WebLinkAbout1983-10-27MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27. 1983 CITY HALL COUNCIL CHAMBERS 7:00 P. M. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 Richard S. Kelly 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, Assistant City Manager David E. Erwin, City Attorney Paul E. Byers, Director of Finance Ramon A. Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works Sheila R. Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 13, 1983. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-034, 84-041, and 84-042. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF SEPTEMBER, 1983. Rec: Receive and file. D. MONTHLY REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT FOR SEPTEMBER 1 THRU SEPTEMBER 30, 1983. Rec: Receive and file. E. CLAIM AGAINST THE CITY By Ken and Sheila Blair, 80-800 Dorothy Lane, Indio, California, In The Amount Of $1,500. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 27,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. PETITION OF HOMEOWNERS OF INDIAN CREEK VILLAS For Fencing of the Palm Valley Channel. Rec: Refer to staff for report and recommendation. G. LETTER OF REQUEST From Johnny Bash For Variance To Solicitation Ordinance. Rec: Refer to staff for report and recommendation. H. REQUEST FOR REFUND Of Business License Prior Fiscal Year 1982-83 By Catherine T. Cordey In The Amount Of $18.75. Rec: Approve the request and authorize the Finance Director to refund the amount of $18.75. Carlos Ortega recommended denying the request for variance from Johnny Bash, and to hold over Item F for further presentation and discussion. Upon motion by Jackson, second by Kelly, and unanimous vote of the Council, the Consent Calendar was approved with the change in staff recommendation for Item G to "deny the request" and holding over Item F for discussion under Section X of the Agenda. VII. ORAL COMMUNICATIONS - A N one ViII. PUBLIC HEARINGS A. REQUEST FOR CONFIRMATION OF ASSESSMENTS FOR LOT CLEANING ABATEMENT CHARGES. Mayor Puluqi declared the Public Hearing open and asked for staff's report. Carlos Ortega briefly reviewed the request and recommended that Council waive further reading and adopt Resolution No. 83-110 with the exception of Citizens Savings and Loan's Parcel No. 627-201-023-3, as it had been paid. Mayor Puluqi invited input in FAVOR of the Resolution and there was none. He invited input in OPPOSITION of the Resolution and there was none. Mayor Puluqi declared the Public Hearing closed. Snyder moved to adopt Resolution No. 83-110 amended to exclude Parcel No. 627-201-023-3. Kelly seconded the motion and Resolution No. 83-110 was adopted as amended by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF A PREANNEXATION CHANGE OF ZONE FROM R-1 (RIVERSIDE COUNTY) TO HPR, D (U.A.) (HILLSIDE PLANNED RESIDENTIAL DRAINAGEWAY OVERLAY (UPON ANNEXATION), FOR 258 ACRES CONTIGUOUS TO THE CITY'S SOUTHERN BOUNDARY EAST OF HIGHWAY 74 AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO, CITY OF PALM DESERT, APPLICANT. CASE NOS. C/Z 03-83 AND C/Z 08-81. Mayor Puluqi declared the Public Hearing open and asked for staff's report. Ramon Diaz reported that this change of zone would allow for Annexation No. 17. The :annexation is necessary for a 464 unit development within the city limits and for the Hyatt Hotel. Mr. Diaz recommended adoption of Resolution No. 83-111 approving a general plan land use map designation of low density residential and a Negative Declaration of Environmental Impact for 258 acres. He also requested -2- MINUTES REGULAR CITY COUNCt.: MEETING OCTOBER 27, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Council to pass Ordinance No. 349 for change of zone to second reading. Mayor Puluqi invited input in FAVOR of the request and received none. He then invited input in OPPOSITION of the request and received none. He declared the Public Hearing closed. In conjunction with the above request, Mr. Diaz recommended that Council adopt Resolution No. 83-112 approving Annexation No. 17. Councilman Wilson moved to waive further reading and adopt Resolution Nos. 83-111 and 83-112 and to pass Ordinance No. 349 to second reading. Snyder seconded and the motion passed by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO., 83-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INSTRUCTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TO MAKE CORRECTIONS TO FIRE TAX ASSESSMENTS. Mr. Ortega reported that there had been errors in the fire tax assessments for 1982-1983. He recommended adopting Resolution No. 83-113 instructing the County of Riverside to issue amended tax bills to those property owners billed in error. Upon motion by Snyder, second by Kelly, Resolution No. 83-113 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 345 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A POLICY FOR CONTROLLING CONFLICT OF INTEREST ACTIVITIES FOR CITY EMPLOYEES. (Continued from the Meetings of September 22 and October 13, 1983.) Mr. Ortega reported that that was an item continued from the meeting of September 22, 1983. Whereas this was discussed with the City employees, recommended waiving further reading and passing to second reading, pending further discussion and review by the City employees. Upon motion by Snyder, second by Wilson and unanimous vote of the Council, Ordinance No. 345 was passed to second reading. For Adoption: A. ORDINANCE NO. 346 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, APPROVING A PREANNEXATION CHANGE OF ZONE FROM R-1-1 (RIVERSIDE COUNTY) TO HPR, D (HILLSIDE PLANNED RESIDENTIAL, DRAINAGEWAY OVERLAY) ZONE FOR 5 ACRES GENERALLY LOCATED NORTH OF THE CAT CREEK DEBRIS BASIN EAST OF PAISANO ROAD AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO. CASE NO. C/Z 04-83. Mr. Ortega briefly reviewed the Ordinance and recommended waiving further reading and adopt. Upon motion by Jackson, second by Kelly, Ordinance No. 346 was passed, approved and adopted by unanimous vote of the Council. -3- MINUTES REGULAR CITY COUNC::7- MEETING OCTOBER 27,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 348 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT AND FINANCING OF AN APPROVED 384 UNIT APARTMENT COMPLEX LOCATED EAST OF PALM VALLEY STORM CHANNEL BETWEEN PARKVIEW DRIVE AND FRED WARING DRIVE. CASE NO. DA 01-83. Mr. Ortega briefly reviewed the Ordinance and recommended the Council waive further reading and adopt. Upon motion by Wilson, second by Kelly, Ordinance No. 348 was passed, approved and adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER F. PETITION OF HOMEOWNERS OF INDIAN CREEK VILLAS For Fencing of the Palm Valley Channel. Lori Kanzal of Indian Creek Villas Condominiums presented to Council her petition of more than 40 signators requesting the City of Palm Desert to approve funding to fence both sides of the Coachella Valley Flood Channel. She pointed out that the children in the area needed protection from the concrete channel. She therefore requested that 5)4 miles of the channel be fenced for such protection. Mr. Ortega responded that it wasn't the issue of funding but that the City has no jurisdiction over the right-of-way of that channel. He recommended that Ms. Kanzal refer her petition to the Coachella Valley Water District. Ms. Kanzal stated that she had taken this issue to the Water District and that they had told her they would be happy to install the fence if the City was willing to fund the project. Councilman Snyder responded that the City does not own the land and therefore could not appropriate funds. He suggested that perhaps the City could write a letter to the Water District in support of the project in conjunction with Ms. Kanzal's presenting the petition to them. Mayor Puluqi moved to refer Ms. Kanzal's petition to the Coachella Valley Water District for their recommendation and action. Councilman Jackson seconded the motion, and motion passed by unanimous vote of the Council. XII. NEW BUSINESS A. REQUEST FOR STORM DRAINS IN THE JOSHUA ROAD/BRUSHWOOD DRIVE AREA. Barry McClellan reported that the Department of Public Works has solicited proposals from several firms for this project. He reported that the estimated cost of an in-depth survey would run approximately $8,000 - $11,000. Funding is already appropriated for the storm drainage and Mr. McClellan suggested awarding a contract to ASL Engineering for the proposed study from that funding. By Minute Motion, Councilman Wilson moved to approve awarding a contract to ASL Engineering for the proposed in-depth study. Snyder seconded the motion and the motion passed by unanimous vote of the Council. B. REQUEST FOR POLICY DECISION ON FREEWAY SIGNAGE AS PER REQUEST FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Mr. Ortega reported that the Department of Transportation has requested financial support to improve the freeway signage on Interstate 10. The City of Palm Desert's obligation would be f4 of the total cost for our particular city's signage, that being the amount of -4- MINUTES REGULAR CITY COUNCk_r--64EETING OCTOBER 27,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * $2,0000.00. Councilman Wilson asked how essential these signs were to the City. Councilman Kelly pointed out that proper direction to the City of Palm Desert would confirm our support of local merchants. Mayor Puluqi suggested a sign should be placed prior to Washington Street coming from the east. Mr. Ortega pointed out that other participating cities have funded their portion of the project. Councilman Kelly suggested Council approve funding and send a letter to the State Legislator stating our views on this Policy Decision. Mayor Puluqi moved to approve funding for freeway signage and instruct the Asistant City Manager to write the State Legislator requesting an additional sign east of Washington Street coming frtom the east. Councilman Kelly seconded and the motion passed with a 4-1 vote, Wilson voting NO. C. REQUEST FOR ADDITIONAL APPROPRIATION TO FIRE TAX CONSULTANT'S PROPOSAL. Mr. Ortega briefly reported on the additional appropriation and recommended council approve by Minute Motion payment of $210.00. By Minute Motion, it was moved by Councilman Kelly, seconded by Jackson to approve the additional appropriation to the Fire Tax Consultant's Proposal. The motion passed by unanimous vote of the Council. D. REQUEST FOR DEFERMENT OF OFFSITE STREET IMPROVEMENTS AND DRAINAGE AND SIGNALIZATION FEES FOR PARCEL MAP 19504. Barry McClellan reported that Tentative Map 19504 has been approved by the Planning Commission. By City Ordinance, offsite improvements, drainage and signalization fees are required. Mr. McClellan reviewed four alternatives available in the deferment of these fees with the recommendation of Alternative 2, that being deferment of fees subject to a Future Improvement Agreement. Councilman Snyder pointed out that the reason assessment districts were created was to require the developer to make those specific improvements and deferments would negate a precedent that the City had established. Mr. McClellan responded that the property will not be developed in the near future and that the owners will be required to pay the necessary fees at the time of development, which may be considerably more. David Erwin concurred that the City's Future Improvement Agreements did require this. Councilman Wilson moved to defer the fees and defer the street improvements and to require the developer to sign a Future Improvement Agreement. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. E. REQUEST FOR AWARD OF ENGINEERING SERVICES CONTRACT FOR PORTOLA AVENUE CULVERT AT THE WHITEWATER RIVER. Mr. McClellan reviewed the contract proposal and recommended that Council approve the awarding of the contract to ASL together with the approval of Resolution No. 83-114 in the next item on the Agenda. F. REQUEST FOR ADDITIONAL APPROPRIATION FOR PORTOLA AVENUE CULVERT AT THE WHITEWATER RIVER. Mr. McClellan recommended waiving further reading and adopt. It was moved by Councilman Snyder and seconded by Councilman Jackson to adopt Resolution No. 83-114 and award an engineering services contract in the amount of $15,000 to ASL Engineering. The motion passed by unanimous vote of the Council. -5- MINUTES REGULAR CITY COUNCr . MEETING OCTOBER 27,1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REQUEST FOR GRANT OF EASEMENT FOR CIVIC CENTER ELECTRICAL SERVICE. Mr. Ortega reviewed the request and recommended that Council authorize execution of the contract. By Minute Motion, it was moved by Wilson, seconded by Snyder to authorize the Mayor and City Clerk to execute the Grant of Easement. Motion passed by unanimous vote of the Council. H. REQUEST FOR DESIGNATION OF AUTHORIZED AGENT FOR FEDERAL DISASTER RELIEF PROGRAM. Mr. Ortega reviewed the Disaster Relief Program and recommended Council waive further reading and adopt Resolution No. 83-115 designating the Director of Public Works as authorized agent for the Federal Disaster Relief Program. Upon motion by Jackson, second by Kelly, Resolution No. 83-115 was adopted by unanimous vote of the Council. I. REQUEST FROM SOUTHERN CALIFORNIA EDISON COMPANY RELATIVE TO HYDRO RELICENSING. Mr. Ortega requested postponement of the subject item to the meeting of November 10, 1983 for presentation by the City Manager. Upon motion by Wilson, second by Snyder and unanimous vote of the Council, the request from Southern California Edison Company was continued to the meeting of November 10, 1983. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR APPROVAL OF RETIRED SENIORS' VOLUNTEER CONTRIBUTION AGREEMENT. Mr. Ortega reported that the agreement had been amended so that the program will end FY June 30, 1984 and that the appropriation will be less than projected. He recommended approval of the agreement and authorization for the City Manager to execute same. Upon motion by Jackson, second by Kelly and unanimous vote of the Council, the request for the Retired Volunteer Contribution Agreement was approved and Council authorized the City Manager to execute same. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega presented Resolution No. 83-116 appropriating $5,000 for moving insurance. He recommended approval. Upon motion by Wilson, seconded by Snyder and by unanimous vote of the Council, Resolution No. 83-116 was adopted. Mr. Ortega reviewed the Housing and Community Development Committment for the Senior Center. He stated that whereas the City has committed monies for this project, the County wishes to confirm with the City that they will stay with this program for the 1984-1985 year. -6- MINUTES REGULAR CITY COUNCL MEETING OCTOBER 27, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * By Minute Motion by Wilson, second by Snyder and unanimous vote of the Council, motion passed for the City of Palm Desert to renew its committment to the Senior Center Housing and Community Development Committee. Mr. Diaz reported that Charles Martin, the architect for the Civic Center, is requesting an additional appropriation of $8,000 for raising the floor of the Council Chambers. Since this amount falls within the budgeted amount, Mr. Diaz recommended adopting Resolution No. 83- 117 approving the change order. Councilmember Jackson suggested amending the Resolution to read "appropriation not to exceed $8,000.00". Upon motion by Jackson, second by Puluqi, Resolution No. 83-117, amended to read "appropriation not to exceed $8,000.00" was adopted by a 4-1 vote, Wilson ABSTAINING. Mr. Ortega introduced Resolution No. 83-118 appropriating $100.00 for the Art Committee and recommended adoption. Upon motion by Kelly, second by Jackson, Resolution No. 83-118 was adopted by a 4-1 vote, Snyder voting NO. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson inquired as to the status of Anne Cooper's request brought up at the last Council meeting. Mr. Ortega reported that the City Attorney has advised us that there are some questions as to eminent domain, and suggested this be discussed in Closed Session. Wilson introduced Mike Brown and Bucky Ward of Indio High School. He stated that he was impressed with the Desert Sands Unified School District's efforts to keep City Hall abreast of their activities and meetings. He suggested a Minute Motion to authorize staff to write a letter to the District thanking them for their efforts. Upon motion by Wilson, second by Puluqi and unanimous vote of the Council, it was authorized for staff to write a letter of thanks and commendation to the Desert Sands Unified School District. Councilman Snyder pointed out that this would be the last time the Council will be holding a meeting in the old City Hall, adding that it held many memories of decisions made and actions taken. He hoped that the new facilities would inspire Council to even greater decisions. Mayor Puluqi asked that Council and staff take note of future meetings on the agenda. XVII. ADJOURNMENT Upon motion by Wilson, second by Snyder and unanimous vote of the Council, the meeting was adjourned at 8:25 p.m. to Closed Session to discuss a litigation matte ATTEST: SHEILA R. GILLIGAN, CITY�y RK CITY OF PALM DESERT, C FORNIA -7- ,. tf,rr:: S.• --- LW, MAYOR