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HomeMy WebLinkAbout1984-04-26MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Romeo Puluqi M. INVOCATION - Councilmember Phyllis Jackson IV. ROLL CALL. Present: Excused Absence: Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman Romeo S. Puluqi Mayor Walter H. Snyder Also Present: Councilman S. Roy Wilson Bruce A. Altman, 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 Ray Diaz, Director of Environmental Services Kirby J. Warner, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION Declaring the Week of May 12, 1984, as "BE KIND TO ANIMALS WEEK". Mayor Snyder read the proclamation and presented it to a representative from Animal Samaritans, Inc. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 12, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-095, 84-096, and 84-101. Rec: Approve as presented. C. RESOLUTION NO. 84-46 - 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 ac SAFEY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. MINUTES REGULAR CITY COUNCIL MEETING APRIL 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR GRANT OF EASEMENT FOR SENIOR CENTER ELECTRICAL SERVICE (CONTRACT NO. 1076). By Minute Motion, authorize the Mayor to execute a Grant of Easement to provide for electrical services for the Senior Center building. Upon motion by Puluqi, second by Jackson, the Consent Calendar was approved as presented by a 4-0-1 vote of the Council. VII. ORAL COMMUNICATIONS - A MR. SHELDON CITRON, 82-253 E. Helio Ct., Indio, addressed the Council and requested it revoke the business license for Desert Phone, a long distance telephone service provider. He had read in the Desert Sun that the only way to revoke a business license that had already been issued was for someone to attend a Council meeting and address the Council with a request that it do so. Upon question by Mayor Snyder, Mr. Erwin responded that if the licensee has violated any City, State or Federal regulations, it would be possible for the Council to revoke the business license. Until the Council is made aware of such a violation, the Council should take no action. Mayor Snyder asked Mr. Citron if he could prove that a violation had been committed. Mr. Citron noted that he had won a judgment against the company in Small Claims Court. Mr. Erwin stated that even though there has been a civil award, that does not necessarily establish a violation which would be cause for the Council to revoke the license. Councilman Puluqi suggested that an investigation be conducted into this matter with a report to the Council. Mayor Snyder asked that Mr. Erwin and Code Enforcement Supervisor Frank Allen get together to make an analysis of the situation and to report the findings to the Council. He noted that some action would be taken at that time. MR. DEAN COLE, 72-710 Eagle, Palm Desert, addressed the Council with a concern he had about a car that has been parked in front of his house for three weeks. When he called the Sheriff's Department with the complaint, he had to wait for what he felt was a very long time and finally had to hang up the phone. He wanted to know what could be done about this problem. Mayor Snyder noted that next Tuesday, May 1, 1984, at 7:00 p.m., a meeting would be held in the Council Chamber with the Sheriff's Department, City Staff, and Palm Desert Property Owners' Association. This meeting would be to discuss the manner in which the Sheriff's Department operates. He added that the public was welcome and hoped that people in the community would come and give their input on the matter. MR. SANDY BAUM, 45-800 Deep Canyon, Palm Desert, addressed the Council and congratulated them for the quick installation of the four-way stop sign at the corner of Fairway Drive and Deep Canyon. He now finds driving down Fairway a pleasure. He also questioned the status of landscaping on Highway 111 east of San Pablo to Monterey and also El Paseo east of Highway 74. Mr. McClellan responded that on the Highway 111 landscaping, Phase I has been completed. This is the model and as such it was found to require some revisions. The landscape architect will be looking into this and will make suggestions for the revisions. As far as Mr. Baum's other area of concern (El Paseo on Highway 74 to Larkspur), plans have been completed by the architect and are being reviewed. Mr. McClellan further stated that he expects to be able to request authorization to call for bids for this project by the first Council meeting in June. MR. TIM JOHNSON, 43-101 Portola, Palm Desert, addressed the Council and asked to say a few words in defense of the County Sheriff's Department. He reported that recently when there was a suspect at large in his neighborhood there were at least eight patrol units in the area, including a canine unit. The suspect was safely apprehended. He feels we are getting a good deal for our money and wanted to officially acknowledge a job well done. -2- MINUTES REGULAR CITY COUNCIL MEETING APRIL 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF THE AUDITOR'S FINDINGS ON A TRANSIENT OCCUPANCY TAX BY PALM DESERT RENTALS. (Continued from the City Council Meetings of March 22 and April 12, 1984.) Mayor Snyder noted that this was a continued Public Hearing and asked for Staff's report. Mr. Altman reported that a letter had been received on April 26, 1984, from the bookkeeper for Palm Desert Rentals indicating the fees had been paid in full, and the request for appeal had been withdrawn. He recommended the Council receive and file the letter and close the hearing. Mayor Snyder declared the Public Hearing closed. Upon motion by Puluqi, second by Jackson, the letter from Palm Desert Rentals was received and filed and the withdrawal of the appeal was accepted by a 4-0-1 vote of the Council. B. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THE CALIFORNIA HEALTH do SAFETY CODE, SECTION 17962. (Continued from the Meetings of December 22, 1983, January 12, January 26, February 9, February 23, and March 8, and March 22, 1984.) Mayor Snyder noted that this was a continued Public Hearing and asked for Staff's report. Mr. Altman reported that at the last meeting of the Cove Communities Fire Commission the Coachella Valley Water District appeared to discuss the sprinkler valve. The Commission directed the Fire Chief, Eric Vogt, to sit down with the District and report at its next meeting. He, therefore, requested that the Council once again continue this matter until the first meeting in June. Upon motion by Kelly, second by Puluqi, this matter was continued to the meeting of June 14, 1984, by a 4-0-1 vote of the Council. C. REQUEST FOR CONSIDERATION OF ANNEXING APPROXIMATELY 258 ACRES GENERALLY LOCATED EAST OF HIGHWAY 74, SOUTH OF THE EXISTING CITY LIMITS. CITY OF PALM DESERT, APPLICANT. Mayor Snyder declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the Staff report in detail, noting that this hearing concludes the necessary City requirements to annex 258 acres at our southerly boundary east of Highway 74 and enables the City to proceed with annexation to the south. He also noted that no written protests had been received from the property owners within the territory to be annexed, but that one letter had been received from Ernest E. Johnson, an attorney representing persons outside of the area. He responded to Mr. Johnson's letter on a point -by -point basis as follows: The only residences adjoining the area to be annexed are not in Ironwood. The closest Ironwood residence is 1600 to 1900 feet away. The prezone was approved in October 1983. He described the area and noted no protests were received during the prezoning hearings. There has not been a hotel proposed for the area to be annexed. No development plans have been submitted or applied for. CEQA does not require processing on rumors. -3- MINUTES REGULAR CITY COUNCIL MEETING APRIL 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * A negative declaration of environmental impact was filed with no assumption of a hotel because application for such an approval has not been filed. When developments for the area are requested, they will be reviewed for compliance with the CEQA requirements. While the letter quotes Section 21080 correctly that this is a "project", the conclusion reached is based on less than accurate citing of Bozun vs LAFCo, a Ventura County case. In discussions with County Counsel Jim McBride, who argued the case and in reading Bozun, it is clear that what was said was: A) annexations are subject to CEQA; and B) this particular annexation, Bozun, required an EIR, not that all annexations require an E.I.R. In citing Section 22151, it could not be found in CEQA. However, in looking at Section 21151, which was cited and last amended in 1981, one finds, "for the purposes of this section, any significant effect on the environment shall be limited to substantial, or potentially substantial, adverse changes in physical conditions which exist within the area as defined in Section 21065." The discussion section of CEQA guidelines states "one essential point in the construction of the term "project" is that the interpretation provided by the Friends of Mammoth decision no longer holds. The act of granting approval to some activity is no longer the "project". The project is the activity being approved, not the approval itself." In short, the Friends of Mammoth decision, characterized by many as a triumph of judicial interpretation over the English language, no longer applies, and I think you can all see the benefits of that. The letter relates to the impact of a 500 unit hotel. All of these would be examined at time of development, when a project is before the City. In addition, the potential impacts identified would be present whether the property developed within the County or City jurisdiction, since the only services provided by the City so identified are provided under contract by the County. Finally, as previously stated, the area abuts currently vacant land. Mr. Diaz further stated that no EIR is required at this time because no application for development has been filed to date. He advised that this hearing was to receive protest from property owners within the proposed area for annexation, and no one within the area had filed a protest. Mayor Snyder invited input in FAVOR of this annexation. MR. SANDY BAUM, 45-800 Deep Canyon, Palm Desert, stated he felt this should be approved because it is a gateway to the City, and the City should be concerned as to its development. He questioned a particular portion of the proposed annexation in that it was adjacent to Hillside Overlay zoning, and he felt that it should be zoned the same. Mayor Snyder invited input in OPPOSITION to this annexation. MR. ERNEST JOHNSON, 23-259 Boxthorn, Palm Desert, addressed the Council, noting that he was the representative of Concerned Homeowners of Ironwood and was the one who sent the letter to the Council. They are concerned about a projected hotel in that area and feel it would have a serious impact on the environment. He reiterated his feeling that an EIR should be filed. Mayor Snyder stated that the City has seen what happens in County areas as far as development is concerned and therefore would like to control the development of any area adjacent to its city limits. With no further opposition offered, Mayor Snyder declared the Public Hearing closed. -4- MINUTES REGULAR CITY COUNCIL MEETING APRIL 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Puluqi, second by Kelly, Resolution No. 84-47, approving the annexation, was adopted by a 4-0-1 vote of the Council. D. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE REGARDING FRONT YARD WALL HEIGHTS. CITY OF PALM DESERT, APPLICANT. Mayor Snyder declared the Public Hearing open and asked for Staff's report. Mr. Altman stated that the public hearing was required because the request would amend the Zoning Ordinance. It would establish restrictions pertaining to front yard wall heights in residential zones by requiring a ten -foot setback for any wall over three feet high. The amendment would also specify that this area must be landscaped according to a plan approved by the Department of Environmental Services. Mayor Snyder invited input in FAVOR of the amendment, and none was offered. He invited input in OPPOSITION to the amendment, and none was offered. He declared the Public Hearing closed. Councilman Kelly asked what precipitated the amendment because he personally had no objections to front yard walls. In fact, he had several in his neighborhood which he found attractive. Mr. Diaz responded that in some cases, traffic hazards were created when views from driveways were blocked. Additionally, many now in existence were of poor materials and not well kept. Councilman Puluqi concurred with Councilman Kelly and stated the amendment in his opinion was unnecessary. Councilmember Jackson disagreed in that many of these kinds of walls are in ill repair and ruin the street scene of neighborhoods. She felt controls should be in effect. Mayor Snyder stated he felt the Planning Commission had reviewed the subject in depth and agreed that the City should have controls. Councilmember Jackson moved and Mayor Snyder seconded to waive further reading and pass Ordinance No. 370 to second reading. No action was taken by virtue of a 2-2 tie vote with Councilmember Jackson and Mayor Snyder voting AYE and Councilmen Kelly and Puluqi voting NO. Mayor Snyder moved to continue the matter until May 24, 1984, when Councilman Wilson would be back, and Councilmember Jackson seconded the motion. No action was taken by virtue of a 2-2 tie vote with Councilmember Jackson and Mayor Snyder voting AYE and Councilmen Kelly and Puluqi voting NO. Mr. Diaz recommended that Council give him six months to establish criteria and determine how it works, said criteria to be presented at the next meeting. Councilman Kelly moved to continue the matter for two weeks to see if staff could mitigate the concerns of Councilmen Kelly and Puluqi. Motion died for lack of a second. Councilman Kelly moved to continue the matter for six months with direction to staff to study the issue and if necessary, bring the issue back to Council for action. Councilman Puluqi seconded the motion. No action was taken by virtue of a 2-2 tie with Councilmen Kelly and Puluqi voting AYE and Councilmember Jackson and Mayor Snyder voting NO. Councilmember Jackson moved to continue the item for 3 months, and Mayor Snyder seconded the motion. No action was taken by virtue of a 2-2 tie vote with Councilmember Jackson and Mayor Snyder voting AYE and Councilmen Kelly and Puluqi voting NO. Mr. Erwin noted that since none of the motions passed by a majority vote of the Council seated, the item will automatically appear on the May 10, 1984, Agenda. -5- MINUTES REGULAR CITY COUNCIL MEETING APRIL 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MAYOR SNYDER CALLED A 10 MINUTE RECESS AT 8:05 P.M. AND RECONVENED AT 8:15 P.M. IX. RESOLUTIONS A. RESOLUTION NO. 84-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, URGING THE STATE LEGISLATURE TO DENY ANY REQUEST THAT WOULD LIMIT THE PROVISION OF FIRE PROTECTION SERVICES CONTRACTED FROM THE STATE BY LOCAL GOVERNMENTAL AGENCIES. Mr. Altman reported that this matter had been discussed in Study Session. He added that the Cove Communities Fire Commission recommended that the Council adopt this resolution. The State Department of Finance has been suggesting to the Governor that they no longer contract fire services with cities. This would have a major impact on our community, and he recommended that this resolution be adopted. Councilman Puluqi moved to waive further reading and adopt Resolution No. 84-48 and to direct Staff to prepare a strong letter of opposition for the Mayor's signature, said letter to be sent to the Governor, Lieutenant Governor, State Legislators and contract cities. Councilmember Jackson seconded the motion, and motion carried by a 4-0-1 vote of the Council. B. RESOLUTION NO. 84-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A VARIANCE TO TITLE 28 OF THE FLOOD DAMAGE PREVENTION ORDINANCE. Mr. Altman reported that this was a routine variance to the Flood Control Ordinance on a residential lot on the north side of Bel Air Road between Alamo Drive and Barberry Lane and recommended the Council approve this request. Upon motion by Puluqi, second by Kelly, Resolution No. 84-49 was adopted by a 4-0-1 vote of the Council. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 367 - 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 M.S.C. (MANUFACURING SERVICE COMMERCIAL) RIVERSIDE COUNTY, TO S.I. (SERVICE INDUSTRIAL) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF JONI DRIVE, 725 FEET WEST OF COOK STREET. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Puluqi, second by Jackson, Ordinance No. 367 was adopted by a 4-0-1 vote of the Council. B. ORDINANCE NO. 368 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING AN INCREASE IN THE INSTALLATION OF SMOKE DETECTORS IN RESIDENTIAL OCCUPANCIES NOT PRESENTLY COVERED BY THE UNIFORM FIRE CODE. Mr. Altman reported that no further input had been received since first reading of this ordinance. -6- MINUTES REGULAR CITY COUNCIL MEETING APRIL 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Puluqi, second by Jackson, Ordinance No. 368 was adopted by a 4-0-1 vote of the Council. C. ORDINANCE NO. 369 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CAPTER 5.86 TO TITLE 5 OF THE CODE OF THE CITY OF PALM DESERT TO BE KNOWN AS THE "MASSAGE ESTABLISHMENT, BATHHOUSE, ESCORT BUREAU, AND INTRODUCTION SERVICE" ORDINANCE. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Puluqi, second by Jackson, Ordinance No. 369 was adopted by a 4-0-1 vote of the Council. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT WITH TUG TAMARU FOR CONSULTING SERVICES IN THE CITY'S COMPUTERIZATION PROGRAM. Mr. Altman reported that this was discussed in Study Session and recommended that the Council authorize Staff to hire Tug Tamaru as our in-house consultant at a cost not to exceed $10,000 plus out-of- pocket expenses. Councilman Puluqi moved to, by Minute Motion, approve the Agreement at a fixed rate of not to exceed $10,000 plus reimbursement for out-of-pocket expenses from Account No. 01-4915-306 and authorize the Mayor to execute. Motion was seconded by Jackson and carried by a 4-0-1 vote of the Council. B. REQUEST FOR AWARD OF CONTRACT FOR FIRE SPRINKLER SYSTEM IN THE SENIOR CENTER. Mr. Altman reported that since no bids had been received, Staff had been directed to negotiate a contract for the fire sprinkler system for the Senior Center. He recommended the Council authorize the City to enter into an agreement with Public Fire Sprinklers, Inc. of Cathedral City for $12,000, which conforms to the budget estimate. Councilman Puluqi moved to, by Minute Motion, authorize the City to enter into an agreement with Pacific Fire Sprinklers, Inc. of Cathedral City in the amount of $12,000 for the installation of a fire sprinkler system in the Senior Center. Motion was seconded by Kelly and carried by a 4-0-1 vote of the Council. C. REQUEST FOR APPROPRIATION FOR LIVING DESERT RESERVE PHOTOGRAPHIC DISPLAY. Mr. Altman reported that the Civic Arts Committee recommended that the Council authorize the payment of $600 from the Unappropriated Reserve to pay for the Living Desert display for the Civic Center, plus an additional $900 to pay for captions to accompany the historical photos hung in the lobby areas. Councilmember Jackson moved to, by Minute Motion, appropriate an amount not to exceed $600 from Account No. 01-4115-000 for the purchase of the Living Desert Reserve display, plus an additional $900 to pay for the captions to accompany the historical pictures. Motion was seconded by Puluqi and carried by a 4-0-1 vote of the Council. D. REQUEST FOR AUTHORIZATION TO JOIN CALIFORNIA CONTRACT CITIES ASSOCIATION. Mr. Altman reported that this is an organization which meets periodically with a focus on how to optimize contractual relationships -7- MINUTES REGULAR CITY COUNCIL MEETING APRIL 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * with other levels of government. The cost for our membership in this association would be $200 per year, and he recommended the Council authorize the $200 payment and direct Staff to join the Association. Councilman Puluqi moved to, by Minute Motion, authorize the payment of $200 for membership in the California Contract Cities Association. Motion was seconded by Kelly and carried by a 4-0-1 vote of the Council. E. REQUEST FOR APPROVAL OF RENTAL AGREEMENT FOR STREET SWEEPING EQUIPMENT. Mr. Altman reported that this had been discussed in Study Session and recommended executing a rental agreement with FMC Corporation for a Vanguard 3000 three -wheel mechanical sweeper. At the Mayor's request the record will show that Councilman Puluqi and Councilman Kelly both moved to, by Minute Motion, authorize the City Manager to execute an Equipment Rental Agreement for a three -wheel mechanical street sweeper and recommended that Staff be directed to include this item in the upcoming budget. Motion was seconded by Jackson and carried by a 4-0-1 vote of the Council. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REMOVAL OF GRATES ON BURROWEED STREET AND OTHER SURROUNDING STREETS. Mr. Altman reported that this had been discussed in Study Session and involved the removal of illegal grates that had been put in the curbs of this street and possibly others. When the Code violation was discovered, it was noted that many residents had left for the summer, and Staff recommended a six-month moratorium for their removal. Upon motion by Kelly, second by Puluqi, a 6-month moratorium for the removal of illegal grates in the Burroweed area was approved by a 4-0-1 vote of the Council. 2. STRATEGIC PLANNING - 2000 COMMITTEE MEETING SCHEDULE Mr. Altman reported that there will be a Strategic Planning meeting on May 17, 1984, in the Council Chamber at 7:30 p.m. He invited anyone interested in the City's plans for the future to attend this meeting. He also noted that letters will be sent to everyone who has signed up to be a representative of the Palm Desert 2000 Committee. B. CITY ATTORNEY Mr. Erwin requested a Closed Session following the Redevelopment Agency meeting for the purpose of discussing pending litigation. -8- MINUTES REGULAR CITY COUNCIL MEETING APRIL 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Snyder asked that everyone note the future meetings listed on the agenda. XVII. ADJOURNMENT Upon motion by Kelly, second by Jackson and unanimous vote of the Councilmembers present, Mayor Snyder adjourned the meeting to Closed Session at 8:32 p.m. for the purpose of discussing pending litigation, said Closed Session to be held immediately following the Redevelopment Agency meeting. Mayor Snyder reconvened the meeting at 9:15 p.m. and immediately adjourned with no action taken or announced. ATTEST: SHEILA R. G LIGAN, MY CLERK CITY OF PALM DESE , CALIFORNIA WALTER H. SNYDER, MAYOR -9-