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HomeMy WebLinkAbout1984-02-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, FEBRUARY 9, 1984 CIVIC CENTER COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly III. INVOCATION - Councilman S. Roy Wilson in Memory of Florence Hafer, a long-time Palm Desert resident. IV. ROLL CALL V. Present: Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works Kirby Warner, Director of Finance AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 26, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-072 and 84-073. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By William Crenshaw, Ronald E. Presta, and Edward L. Vincent For Palm Desert Wine do Spirits, 74-121 Highway 111, Palm Desert, California. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By James V. and Linda A. Allred For The Fort Restaurant, 74-155 El Paseo, Palm Desert, California. Rec: Receive and file. MINUTES REGULAR CITY COUNCir MEETING FEBRUARY 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Jutro, Inc. For Our Place, 73-260 El Paseo, #1A, Palm Desert, California. Rec: Receive and file. F. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT For Month of December, 1983. Rec: Receive and file. G. REQUEST FROM CANYON COVE HOMEOWNERS ASSOCIATION For Expedition of Council's Approval of Landscaping Plans for Its Greenbelt. Rec: Refer to City Attorney. H. RESOLUTION NO. 84-3 OF THE CITY OF LAKEWOOD, CALIFORNIA, ENDORSING THE COURT REFORM INITIATIVE. Rec: Receive and file Mr. Ortega noted that the Staff recommendation should be to refer to Staff for review and report for Item H. Upon motion by Wilson, second by Puluqi, the Consent Calendar was approved as presented, with the amendment to the Staff recommendation for Item H, by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. 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, 1984, and January 26, 1984.) Mayor Snyder noted this was a continued public hearing. Mr. Ortega reported that this ordinance has been proposed twice already, and recommends the Council consider public input and continue the item to allow the City Manager and Fire Marshal to work further on specifications. Mayor Snyder 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 Kelly, the matter was continued to the meeting of February 23, 1984, by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF APPEAL OF PLANNING COMMISSION BY MICHAEL HOMME PERTAINING TO TENTATIVE TRACT NO. 19587 STREET IMPROVEMENT REQUIREMENTS. (Continued from the Meeting of January 26, 1984.) Mayor Snyder noted this was a continued public hearing. Mr. Ortega reported that this matter had been discussed in Study Session, with a recommendation to continue the matter for two weeks. 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 Puluqi, second by Jackson, the matter was continued to the meeting of February 23, 1984, by unanimous vote of the Council. -2- MINUTES REGULAR CITY COUNCIL MEETING — FEBRUARY 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-2 S.P. (SINGLE FAMILY RESIDENTIAL, 4,000 SQ. FT. LAND AREA PER DWELLING UNIT, SCENIC PRESERVATION OVERLAY) TO O.P. (OFFICE PROFESSIONAL, SCENIC PRESERVATION OVERLAY), AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR LAND LOCATED ON THE WEST SIDE OF MONTEREY AVENUE BETWEEN SONORA AVENUE AND THE PALM DESERT TOWN CENTER. CASE NO. C/Z 12-83. (Continued from the Meeting of January 26, 1984.) Mayor Snyder declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report and Staff's justification for recommending approval. Mayor Snyder invited input in FAVOR of this ordinance. Mr. Harold Housley of 74-040 El Paseo, Palm Desert, California, spoke in favor of the application and requested that it be approved. Mayor Snyder invited input in OPPOSITION to the ordinance, and none was offered. He declared the Public Hearing closed. Upon motion by Puluqi, second by Jackson, Ordinance No. 363 was passed to second reading, by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 84-17- 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). Upon motion by Wilson, second by Puluqi, Resolution No. 84-17 was adopted, by unanimous vote of the Concil. B. RESOLUTION NO. 84-18- 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). Upon motion by Kelly, second by Puluqi, Resolution No. 84-18 was adopted, by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 359 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CREATING TITLE 29 OF THE PALM DESERT MUNICIPAL CODE ENTITLED "HOT AIR BALLOONS". (Continued from the Meeting of January 26, 1984.) Mr. Ortega reported that this item had been discussed at length in Study Session. Recommendation was for tabling the ordinance inasmuch as it was Council's intent to regulate only to the extent that commercial balloonists must have a business license. Upon motion by Wilson, second by Kelly, Ordinance No. 359 was tabled, by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 361 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 27.28.150 OF TITLE 27 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE CONTROL OF GRADING. -3- MINUTES REGULAR CITY COUNCir MEETING --' FEBRUARY 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega reported that no input had been received since first reding of the ordinance. Upon motion by Jackson, second by Wilson, Ordinance No. 361 was adopted, by unanimous vote of the Council. B. ORDINANCE NO. 360 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A NEW SECTION 8.16.035 TO CHAPTER 8.16 RELATING TO SAID WASTE. Mr. Ortega reported that no input had been received since first reading of the ordinance. Upon motion by Kelly, second by Jackson, Ordinance No. 360 was adopted, by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF SPECIAL COUNSEL AGREEMENT FOR LEGAL SERVICES FOR NORTH SPHERE ASSESSMENT DISTRICT PROCEEDINGS. Mr. Ortega reported that this item had been discussed in Study Session, with recommendation that this request be approved. Councilman Wilson moved to, by Minute Motion, approve the Special Counsel Agreement providing legal services in connection with the proposed North Sphere Assessment District. Councilman Puluqi seconded the motion. Motion carried by unanimous vote of the Council. B. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR A SPRINKLER SYSTEM ON THE SENIORS' CENTER PROJECT. Mr. Ortega reported that work has begun on the Seniors' Center Project. Since sprinklers had not been included in the original bid package, it was necessary to seek separate proposals now. Councilman Puluqi moved to, by Minute Motion, authorize the City Clerk to call for bids for the installation of a fire sprinkler system in the Cove Communities Seniors' Building. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF GUIDELINES FOR USE OF CIVIC CENTER FACILITIES. Mrs. Gilligan noted that parentheses should be placed around "other than the City of Palm Desert" in Section II and that the words "in Palm Desert" should follow the word "organized" in the same section. Councilman Puluqi moved to, by Minute Motion, approve the Guidelines for Use of Civic Center Facilities as amended and authorize City Staff to implement. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. D. REQUEST FOR APPROPRIATION FOR THE INSTALLATION OF ROCK IN THE SAN PABLO FIELD PARKING LOT. Mr. Diaz and Mr. McClellan reported that the property in question is private, not public, property. Recommendation was to continue the item for a month. Councilman Wilson suggested taking a look at the entire area between the Civic Center and the Park and dress it up a bit. Staff was asked to look into the possibilities of what can be done to improve the area. -4- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Puluqi, second by Kelly, the matter was continued for one month, by unanimous 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. AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE & CITY OF PALM DESERT. Mr. Ortega reported that the new amendment to the Sheriffs Contract had an unnecessary paragraph in it which read "It is further agreed that County shall adhere to a policy of flexibility in providing law enforcement services to City as such policy is set forth in the Resolution attached hereto and incorporated herein". He requested Council's approval for deletion of this paragraph. Councilman Wilson moved to delete said paragraph from the amendment to the Sheriff's contract. Councilman Puluqi seconded the motion. Motion carried by unanimous vote of the Council. 2. RESOLUTION NO. 84-19- A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, BANNING PENNISETUM SETACEUM (FOUNTAIN GRASS) ON PUBLIC PROPERTY IN THE CITY OF PALM DESERT. Mr. Michael Watling of the College of the Desert had met with Council in Study Session to express concern over this plant. Council concurred, and as a result, this Resolution was prepared and presented. Mrs. Gilligan read the proposed resolution. Upon motion by Wilson, second by Kelly, Resolution No. 84-19 was adopted by unanimous vote of the Council. Councilman Kelly moved that a copy of our Resolution be sent to other cities in the Coachella Valley for their consideration in adopting similar resolutions. Motion was seconded by Councilman Wilson. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY 1. Mr. Erwin requested a Closed Session to discuss litigation. C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Wilson questioned when the Video System will be operable. Staff reported the system will hopefully be installed in two to three weeks. Also, the voting machines will be wired into the table. 2. Councilman Wilson asked Staff to think of ways to get the public interested in attending Council Meetings, by possibly having some sort of short program with a tour of the facilities, to end by 7:00 p.m. for the Council Meeting. The City Clerk was asked to look into the possibility of obtaining a film on the Fringe Toed Lizard, lasting approximately half an hour. -5- MINUTES REGULAR CITY COUNCIL" MEETING FEBRUARY 9, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Mayor Snyder suggested there ought to be more lights on the Civic Center at night. He also noted that there are no signs for people traveling from the Indio side of the Center to let them know what the buildings are. Councilmember Jackson moved to illuminate the Palm Desert Civic Center sign on the corner of Fred Waring and San Pablo. Councilman Wilson seconded the motion. The motion was withdrawn after Staff reported the lighting is already being planned. Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Wilson, second by Jackson, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 7:54 p.m. to Closed Session for the purpose of discussing litigation. Mayor Snyder reconvened the meeting at 8:12 p.m. and immediately adjourned with no action taken. ATTEST: SHEILA R. GILLIGyAN, CITY CL CITY OF PALM DESERT, CA RNIA -6- WALTER H. SNYDER, MAY