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HomeMy WebLinkAbout1984-08-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:05 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tempore Richard S. Kelly Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Councilmember Phyllis Jackson Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Barry R. McClellan, Director of Public Works Ramon Diaz, Director of Environmental Services Kirby J. Warner, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF PLANNING COMMISSIONER To Fill Vacancy Created by Expiration of Term. Mayor Snyder stated that there was a vacancy on the Planning Commission due to the expiring term of Commissioner Jim Richards. Councilman Wilson stated that as it has been the practice of the Council to allow a person to continue in his present capacity as long as he has done a good job, he would nominate Jim Richards for another term. Motion was seconded by Councilman Kelly. The vote of the Council was 3-1-1, with Councilmember Jackson ABSENT and Councilman Puluqi voting NO, as it was his feeling that "new blood" should be considered from the many applications on file at the City. Motion did not carry as appointments to the Planning Commission require a 4/5ths majority vote of the Council. Councilman Puluqi nominated Patti Martin to fill this vacancy. Mr. Erwin stated that technically a second was not required for a nomination. Councilman Wilson stated that although he felt Ms. Martin would do a good job and he would not vote against her, he would prefer to continue this matter until a full Council was present. Councilman Kelly concurred with Councilman Wilson and stated that he also felt that as long as a Commissioner was doing a good job and was attending all of the meetings, he should be eligible to serve his full two terms and that it would not be fair to remove him. Upon motion by Snyder, second by Puluqi, and unanimous vote of the Councilmembers present, this matter was continued to the meeting of September 13, 1984. MINUTES REGULAR CITY COUNCIL MEETING AUGUST 23, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. APPOINTMENT OF PARKS & RECREATION COMMISSIONER To Fill Vacancy Created by Expiration of Term. Mayor Snyder stated that the term of Reverend Daryl Bjerke was expiring and that he was interested in serving another term. Upon motion by Kelly, second by Puluqi, and unanimous vote of the Councilmembers present, Reverend Daryl Bjerke was appointed to another 4-year term on the Parks & Recreation Commission. Mrs. Gilligan commended Reverend Bjerke for his dedication and good work while on this commission. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 9, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-019 and 85-021, Rec: Approve as presented. C. REQUEST FOR RELEASE OF BONDS for Tract No. 14032-2, McLain Development Company, Inc. Rec: By Minute Motion, accept this phase of the tract as complete and authorize the City Clerk to release the faithful performance bond and accept a ten percent maintenance bond for the one-year maintenance period, or reduce the performance bond to ten percent of its face value. D. REQUEST FOR APPROVAL of Final Parcel Map 18764, Carver Management Company, Applicant. Rec: Waive further reading and adopt Resolution No. 84-109. E. REQUEST FOR PRORATED REFUND of Past Fiscal Year 1983-84 Business License, Gretchen Z. Chadwick, Applicant. Rec: Approve the request and authorize a refund of $33.75. Upon motion by Wilson, second by Puluqi, the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VII. ORAL COMMUNICATIONS - A COUNT VON HUELLESSEM, 73-405 El Paseo, Palm Desert, addressed the Council and expressed his concern for the number of new businesses moving into the El Paseo area. It was his feeling that a committee should be set up to meet on a regular basis and screen the applications for licenses. This way the committee would be able to deny a particular type of business establishment if there were already several of that same type in the El Paseo area. Mayor Snyder suggested that the City Manager make arrangements to set up a committee to meet with Count von Huellessem to discuss his concerns and what might be done in this matter. VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THE CALIFORNIA HEALTH ac SAFETY CODE, SECTION 17962. (Continued from the Meetings of December 22, 1983, January 12, January 26, February 9, February 23, and March 8, March 22, April 26, June 14, and July 26, 1984.) -2- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 23, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder noted that this was a continued public hearing and asked for Staff's report. Mr. Altman reported that there are still problems with the Coachella Valley Water District. The Public Safety Commission referred this matter to their Fire Subcommittee at the last meeting. He noted that a report should be ready in October and recommended that this matter be continued to the Council meeting of October 25, 1984. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. Upon motion by Wilson, second by Kelly, and unanimous vote of the Councilmembers present, this matter was continued to the meeting of October 25, 1984. B. REQUEST FOR CONSIDERATION OF PER PARCEL ASSESSMENTS FOR LOT CLEANING ABATEMENT CHARGES. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Altman stated that a report was given in Study Session indicating that the owners of this parcel of land had put their check in the mail. Inasmuch as there was only one parcel of land involved in this matter, he recommended it be continued until the next meeting to give the Code Compliance Department time to receive the check. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. Upon motion by Kelly, second by Wilson, and unanimous vote of the Councilmembers present, this item was continued to the meeting of September 13, 1984. C. REQUEST FOR CONSIDERATION OF THE FORMATION OF AN EL PASEO BUSINESS IMPROVEMENT DISTRICT. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Ortega reported that this assessment area will include all businesses between Portola and Highway 74 on El Paseo as well as all those businesses that use El Paseo as their address. He noted that there seemed to be some confusion about the purpose of this assessment area, and stated that the monies collected would be used for the general business promotion of the area. He further noted that 47 businesses had declared their opposition to the assessment area, which was not technically sufficient for the Council to have to stop the proceedings. There was also a concern about levying assessments on those businesses classified as "professionals"; therefore, the wording in Section 3 had been changed to read as follows: "That the proposed charges as specified in Table I below shall be levied on each business in the area except the business license classification of real estate associates and professionals (doctors, lawyers, dentists, chiropractors, architects, CPA's, physical therapists, engineers, and general professional), which shall be excluded from any charges. The proposed charges shall be based upon annual gross receipts except for building contractors and banking institutions which shall pay a flat fee of $100 (One -Hundred Dollars) per year. The proposed charges shall be collected in the same manner as business license fees and shall be payable at the same time. Charges to businesses not licensed by the City shall be due and payable January 1st of each year." Mayor Snyder invited input in FAVOR of this request. MR. HANK STOKES, 73-750 El Paseo, Palm Desert, questioned how many of the 47 businesses in opposition were professionals. Mr. Ortega responded that 17 of them were professionals. Mr. Stokes stated that he wanted to clarify the fact that this assessment area was requested -3- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 23, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * by the El Paseo merchants and did not come from the City. He felt that any controversy should be directed to the El Paseo merchants. He stated that the charge would be approximately $104.00 per year per business. The administration of these fees would be handled by an advisory board consisting of 7 members who would be chosen annually by all members of the El Paseo Business Improvement Area and appointed by the City Council. MR. JIM McLAUGHLIN, 73-896 El Paseo, Palm Desert, addressed the Council and submitted a letter from Mr. H. Gordon Chaves of B.D. Howes and Son (attached hereto and made a part hereof as Exhibit A). He stated that there were 3 stores which were moving to El Paseo from Palm Canyon Drive in Palm Springs: B.D. Howes and Son, Ted Land, and Hillis Furs. All of these businesses were in favor of the assessment district. He had also received telephone calls from other businesses in favor of the assessment district. It was his feeling that the El Paseo Business Improvement Area would only succeed if everyone contributed to it. MR. HENRY HOYLE, 73-710 El Paseo, Palm Desert, stated that he is a member of the Commercial Subcommittee of the 2000 Committee. He felt that a business license advisory committee should be formed to meet monthly with people who want to take out business licenses on El Paseo. He felt this might reduce the number of businesses declaring bankruptcy. He also felt that some of the monies should be spent on capital improvements and that only a percentage of the funds collected should be used for the promotion of the area. Mayor Snyder invited input in OPPOSITION to this request. COUNT VON HUELLESSEM, 73-405 El Paseo, Palm Desert, expressed his concern about the possibility of having to pay extra at the end of the year for parking lots, etc. Mayor Snyder stated that the people who determine how the money will be spent are the merchants themselves. There will be a board consisting of 7 people who will determine the manner in which the funds will be utilized. Councilman Wilson stated that the resolution sets down the fees to be charged, and there would be no additional charges levied. MRS. ZANTMAN, of Zantman Art Galleries, Ltd., 73-925 El Paseo, Palm Desert, stated that she was not really against the district itself, but felt that this was not really the right time for the Council to be making such a decision as many of the owners are out of town and will not be back until September or October. Mayor Snyder responded that the ordinance was not up for adoption until the next Council meeting, which would not be until the middle of September. This would allow more time for other owners to express their opinions on the assessment district. MR. ROBERT PITCHFORD, 73-960 El Paseo, Palm Desert, stated his concern that the monies collected would be used to build parking lots and asked for Council's reassurance that this would not be done. Mayor Snyder responded that this assessment area is an opportunity for the merchants to improve the El Paseo area and to help themselves. Councilman Kelly stated that he felt what the people were concerned about was how Resolution No. 84-107 was written. The first part of the resolution states that the City is authorized to use such proceeds for the benefit of businesses within such parking and business improvement area by "the acquisition, construction, or maintenance of parking facilities for the benefit of the area." He questioned whether this needed to be stated in the resolution. -4- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 23, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega responded that that section of the resolution merely defines those things that can be done pursuant to this improvement area. Further in the resolution and also in the ordinance, the use had been specifically limited. MR. LARRY JOHNSON, Stan Morse Sc Associates, 73-255 El Paseo, Palm Desert, questioned why the City would get involved in what he felt is basically a voluntary matter and a business decision which should be made by the merchants. Councilman Puluqi responded that this assessment district will be decided on an annual basis and felt that it should be tried for a year. Councilman Wilson stated that the City did not initiate this assessm-nt district. Rather, the City was asked by the business community to assist them in this matter. Mayor Snyder invited REBUTTAL. MR. JIM McLAUGHLIN stated that he felt the attorneys and other professionals might feel differently about this assessment district if they were in the retail business. Mayor Snyder declared the public hearing closed and asked for comments from the Council. Councilman Wilson stated that he felt August was not a good time to hold this public hearing; however, he felt that it was not a good idea to postpone making a decision on this request. If the Council were to approve the ordinance and pass it to second reading, it would not be adopted until September 13, 1984. Then there would be 30 days before the ordinance went into effect. He suggested the ordinance be passed to second reading, with the understanding that the Council would hear testimony at that time if there were those who did not have a chance to present their opinions at this time because they were out of town. Upon motion by Wilson, second by Kelly, and unanimous vote of the Councilmembers present, Ordinance No. 392 was passed to second reading, with the Council to hear testimony at second reading. MAYOR SNYDER CALLED A 10-MINUTE RECESS AT 8:15 p.m. HE RECONVENED THE MEETING AT 8:25 P.M. IX. RESOLUTIONS A. RESOLUTION NO. 84-117 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF RIGHT-OF- WAY ADJACENT TO HOMESTEAD ROAD UNDER THE PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE AND FIXING THE TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PROPOSED VACATION. Mr. Altman reported that this was a request from the owner of Tract 14645 to vacate a ten -foot -wide strip of right-of-way on the south side of Homestead Road between Highway 74 and Ocotillo Drive. It was Staff's belief that there is no public need for this right-of-way and recommended that the Council adopt a resolution of intention setting a public hearing for consideration of this vacation request. Upon motion by Puluqi, second by Wilson, Resolution No. 84-117 was adopted by unanimous vote of the Councilmembers present. -5- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 23, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. ORDINANCES For Introduction: A. ORDINANCE NO. 390 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A NEW SECTION 8.16.090 RELATING TO SOLID WASTE (continued from the meeting of August 9, 1984). Mr. Altman reported that this item had been discussed at length in Study Session, and it was Council's feeling at that time that this ordinance should be dropped as it was not really necessary. Upon motion by Kelly, second by Puluqi, Ordinance No. 390 was DROPPED by unanimous vote of the Councilmembers present. For Adoption: A. ORDINANCE NO. 389 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Puluqi, second by Kelly, Ordinance No. 389 was adopted by a 3-1-1 vote of the Council, with Councilman Wilson ABSTAINING as he was not present when this ordinance was introduced. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF REJECTION OF BIDS AND DIRECTION TO READVERTISE FOR THE RECONSTRUCTION OF THE DEEP CANYON DRAINAGE STRUCTURE (CONTRACT NO. 1077A). Mr. Altman reported that this was discussed in Study Session. Only two bids had been received, and both bids substantially exceeded the engineer's estimate. It was Staff's recommendation that the Council reject the bids received and authorize the City Clerk to readvertise and call for bids on this project. Councilman Wilson moved to, by Minute Motion, reject bids received for Contract No. 1077 and authorize the City Clerk to readvertise and call for bids for the reconstruction of the Deep Canyon drainage structure (Contract No. 1077A). Motion was seconded by Puluqi and carried by unanimous vote of the Councilmembers present. B. REQUEST FOR AWARD OF ENGINEERING SERVICES CONTRACT FOR SENIOR CENTER STREET IMPROVEMENTS (CONTRACT NO. 1085). Mr. Altman reported that this was discussed in Study Session. A proposal had been received from Charles Haver and Associates in the amount of not -to -exceed $2,750. Councilman Puluqi moved to, by Minute Motion, award the engineering services contract for design of street improvements for the Senior Center building to Charles Haver and Associates in the amount of not -to -exceed $2,750.00. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. C. REQUEST FOR APPROVAL OF DRAINAGE REIMBURSEMENT AGREEMENT FOR TRACT NO. 14079, KAUFMAN AND BROAD AND KENT LAND COMPANY, APPLICANT. -6- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 23, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reported that this was discussed in Study Session. It was Staff's recommendation that Council authorize reimbursement to Kaufman and Broad and Kent Land Company in compliance with the Storm Drain Facilities Reimbursement Agreement. Councilman Puluqi moved to, by Minute Motion, authorize the payment of $118,622 to Kaufman and Broad and Kent Land Company in compliance with the Storm Drain Facilities Reimbursement Agreement. Motion was seconded by Kelly and carried by unanimous vote of the Councilmember's present. D. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES FOR HIGHWAY 74 FRONTAGE ROAD MEDIAN CURB AND GUTTER IMPROVEMENT PROJECT (CONTRACT NO. 1072). Mr. Altman reported that proposals had been received from five local landscape architecture firms for this project. It was Staff's recommendation that the Council award the contract to T.K.D. Associates of Palm Springs for their proposed fee of $2,200.00. Councilman Puluqi moved to, by Minute Motion, award the contract to T.K.D. Associates for landscape architecture services for the Highway 74 Frontage Road Median Curb and Gutter Improvement Project in the amount of $2,200.00. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. E. REQUEST FOR APPROVAL OF AGREEMENT WITH PROFESSIONAL COMPANY TO DESIGN AND PROVIDE MATERIAL FOR CITY HOLIDAY LIGHTING AND DECORATING PROGRAM. AGREEMENT NO. 00-007. Mr. Altman reported that the Christmas Decorating Committee is still working on this and will have a report for the Council at the next meeting. Upon motion by Wilson, second by Kelly, and unanimous vote of the Councilmembers present, this item was continued to the meeting of September 13, 1984. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. PILOT PROGRAM TO CONTROL COCKROACHES IN SEWER SYSTEM Mr. Altman recommended that the Council direct Staff to return to the next meeting with the costs for a pilot program such as the one used in Indio and Riverside. He also stated that the City will ask the Coachella Valley Water District to cooperate in ridding the City of these pests. Upon motion by Puluqi, second by Wilson, and unanimous vote of the Councilmembers present, Staff was directed to prepare a pilot program to control cockroaches in the sewer system and to report to the Council at its next meeting on September 13, 1984. -7- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 23, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. MULTI -FAMILY BOND FINANCING INDUCEMENT RESOLUTIONS Mr. Altman reported that this was discussed at length in Study Session. These resolutions would initiate bond financing programs for two projects: Country Club Villas Apartments (512 units) and Palm Desert Partners' Hovley project (104 units). Upon motion by Puluqi, second by Kelly, Resolutions No. 84-118 and 84-119 were adopted by unanimous vote of the Councilmembers present. 3. ORDINANCE NO. 391 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 9 OF THE PALM DESERT MUNICIPAL CODE AND ADDING CHAPTER 9.58 AS IT RELATES TO THE REGULATION OF PUBLIC DRINKING AND LIQUOR POSSESSION. Mr. Altman reported that this ordinance was presented by Sergeant Jake Bowser in Study Session and was reviewed by the City Attorney. The ordinance would pertain to public property as well as private parking lots. It was recommended that this be adopted as an emergency ordinance. Councilman Wilson expressed his concern about enforcement of the ordinance if it was enacted as an emergency ordinance. He felt it would be too much of a surprise to start issuing citations immediately when up to this time warnings had been given. Councilman Puluqi stated his feelings that the first offense should be only a warning, not a citation. Councilman Wilson questioned whether citations would be written by the Sheriff's Department as soon as this ordinance went into effect. Sergeant Bowser responded that as director of the City's strike team, he would be able to control the application of this ordinance. He felt that, until there had been adequate media coverage on this ordinance, an education program might be implemented by him and his team members at the direction of the City Manager and Staff as a way to address this situation, rather than going out and taking a very stiff approach to it for the first several weeks. Mayor Snyder stated his feeling that this ordinance should be enacted immediately before the situation with the drinking and liquor possession gets out of control. Upon motion by Puluqi, second by Kelly, Ordinance No. 391 was adopted as an emergency ordinance by unanimous vote of the Councilmembers present. 4. AMENDMENT TO CITY ATTORNEY'S CONTRACT Mr. Altman reported that this amendment would provide that the City Attorney attend all Planning Commission meetings. Upon motion by Puluqi, second by Wilson, and unanimous vote of the Councilmembers present, the City Attorney's contract was amended to provide that he be present at all meetings of the Planning Commission. B. CITY ATTORNEY 1. SIGN ORDINANCE Mr. Erwin advised the Council that his office is currently in the process of rewriting the sign ordinance relative to public rights - of -way. Due to some recent changes in the law, there are several sections that need to be eliminated or modified. These deal with the candidate being required to post a cash bond prior -8- MINUTES REGULAR CITY COUNCIL MEETING AUGUST 23, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to posting political signs in the community. This was held to be unconstitutional in a recent court case. Also, the section dealing with the distance between political signs and the section prohibiting signs in residential areas both need to be looked at and rewritten. He stated that the sign ordinance will be modified and put on a Planning Commission Agenda for consideration. 2. Mr. Erwin requested a Closed Session for the purpose of discussing pending litigation. 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 Wilson, second by Kelly and unanimous vote of the Councilmembers present, Mayor Snyder adjourned the meeting to Closed Session at. 8:50p.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 9:35 p.m. and immediately adjourned with no action taken or announced. ATTEST: %SHEILA R. GIL'LIGAN, dj'V CLERK CITY OF PALM DESE ZCT,, CALIFORNIA -9- WALTER H. SNYDER MAYO1;2',/ EXHIBIT "A" H. GORDON CHAVES R•gister•d J•w•ler Manager B. D. HOWES and SON August 22nd, 1984 Mr. Jim McLaughlin 73-8%6 El Paseo Palm Desert 92260 Dear Jim, I regret I will be unable to attend Thursday night's meeting due to an on -going Thursday night activity which we discussed. As you know, we are moving to El Paseo about October lst, and I am in favor of the assessment disttict and convey my proxy vote to you. Cor5t-11y, 117 N. Palm Canyon Drive • Palm Springs, California 92262 Phone # 325-1336