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HomeMy WebLinkAbout1984-03-22MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 22, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly INVOCATION Councilmember Jackson asked that everyone pause for a moment of silent prayer for Mrs. Alexis Newbrander, a close friend, former Councilman and former Mayor Pro-Tem of the City of Palm Desert, who had passed away on Sunday. 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 David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Kirby J. Warner, Director of Finance Stan Sawa, Principal Planner Larry R. McAllister, Administrative Services Officer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Snyder stated that the whole community would sincerely miss Mrs. Newbrander. He said that she was the epitome of caring, especially for the City and its people. He said the whole city had suffered a great loss and that she was a great and lovely lady. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 8, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-084, 84-085, and 84-091 Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR THE MONTH OF FEBRUARY, 1984. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. NOTICE OF FILING By All Designated Employees of Statement of Economic Interests for Year Ended December 31, 1983. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Saga Enterprises, Inc. for 74-700 Highway 111, Palm Desert, California. Rec: Receive and file. F. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT FOR THE MONTH OF DECEMBER, 1983. Rec: Receive and file. G. RESOLUTION NO. 84-30 - 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 do SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. H. NOTICE OF COMPLETION FOR CONTRACT NO. 1065 - WIDENING OF THE NORTHEAST CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE. Rec: By Minute Motion, authorize the City Clerk to record a Notice of Completion for Contract No. 1065. I. NOTICE OF COMPLETION FOR CONTRACT NO. 1050 - SAN PASCUAL CHANNEL. Rec: By Minute Motion, authorize the City Clerk to record a Notice of Completion for Contract No. 1050. J. CLAIM AGAINST THE CITY By Michael 1. Hurwitz On Behalf of Claimants Katheryn, Jessica Marie, and Jaime Ann Uhrlaub for the Approximate Sum of Eighty -Five Thousand Dollars. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. Upon motion by Puluqi, second by Kelly, the Consent Calendar was approved as presented by a 4-0-1 vote of the Council. VII. VIII. ORAL COMMUNICATIONS - A N one 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, January 26, February 9, February 23, and March 8, 1984.) Mayor Snyder noted that this was a continued Public Hearing and asked for Staff's report. Mr. Altman reported that this item was discussed at length in Study Session, where it was recommended that a letter be sent to the Water District, signed by the Mayor, asking them to send a representative to the next Cove Communities Fire Commission meeting. The item would -2- MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C then be ready for presentation to Council. He requested continuance to the meeting of April 26, 1984. Mayor Snyder invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. Upon motion by Jackson, second by Kelly, the item was continued to the meeting of April 26, 1984, by a 4-0-1 vote of the Council. B. REQUEST FOR APPROVAL OF TAVAGLIONE/PALM DESERT MODERATE INCOME HOUSING DEVELOPMENT AGREEMENT. (Continued from the Meeting of March 8, 1984.) Mayor Snyder noted that this was a continued Public Hearing and asked for Staff's report. Mr. Altman reported that this had been discussed in Study Session with the developer present. Changes had been made to the ordinance relative to resale controls, and these changes were discussed at length with a recommendation to approve the ordinance as revised and pass it to second reading. He also recommended adoption of Resolution No. 84-31, approving the Final Map for Tract No. 19847. 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. He declared the Public Hearing closed. Upon motion by Puluqi, second by Kelly, Ordinance No. 364 was passed to second reading, and Resolution No. 84-31 was adopted by a 4-0-1 vote of the Council. C. CONSIDERATION OF AN APPEAL OF THE AUDITOR'S FINDINGS ON A TRANSIENT OCCUPANCY TAX BY PALM DESERT RENTALS. Mayor Snyder declared the Public Hearing open and asked for Staff's report. Mr. Altman reported that at Study Session a representative from our audit firm and Mr. Allen, Code Enforcement Supervisor, had briefed the Council on this item. Mr. Erwin reported that he had had a conversation this afternoon with the applicant, Mr. Arnold, who had requested continuance of the item until April 12, 1984. Councilman Puluqi questioned the reason for continuance. Mr. Erwin responded that Mr. Arnold felt he needed the additional time to gather documentation to present to the City. Mr. Puluqi stated he felt the applicant had already had enough time to submit sufficient documentation and recommended the continuance be denied. Mayor Snyder clarified that the documentation requested was from the City. 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 Jackson, this matter was continued to the meeting of April 12, 1984, by a 4-0-1 vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 84-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A HEARING DATE TO ANNEX CERTAIN CONTIGUOUS TERRITORY LOCATED SOUTH OF THE EXISTING CITY BOUNDARY AND EAST OF HIGHWAY 74 PURSUANT TO PROVISIONS OF THE MUNICIPAL ORGANIZATION ACT OF 1977, WHICH PROCEEDINGS ARE DESIGNATED AS ANNEXATION NO. 17, LAFCO 83-90-4. -3- MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reported that Annexation No. 17 involves 258 acres east of Highway 74 south of the City boundary and was approved by LAFCO February 23, 1984. That decision appointed the City "conducting authority". The next step is to set a hearing date with the resolution. Upon motion by Puluqi, second by Jackson, Resolution No. 84-32 was adopted by a 4-0-1 vote of the Council. B. RESOLUTION NO. 84-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CONTIGUOUS TERRITORY LOCATED WEST OF THE PRESENT CITY BOUNDARY AND 2,000 FEET NORTH OF THE SOUTH BOUNDARY, WHICH PROCEEDINGS ARE DESIGNATED AS ANNEXATION NO. 18, LAFCO NO. 83-91-4. Mr. Altman reported that Annexation No. 18 involves 5 acres located west of the City boundary. The owner has processed a tentative map for his 33 acres, of which 5 acres were located out of the City. LAFCO approved the annexation February 23, 1984, with the instruction that the City could proceed to approve the annexation without further hearing or notice. This resolution will complete the annexation process. Upon motion by Puluqi, second by Jackson, Resolution No. 84-33 was adopted by a 4-0-1 vote of the Council. C. RESOLUTION NO. 84-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DIRECTING STAFF TO FILE THE NECESSARY APPLICATION WITH LAFCO TO ANNEX CERTAIN NON-CONTIGUOUS PROPERTY LOCATED ON THE SOUTH SIDE OF JONI DRIVE, 725 FEET WEST OF COOK STREET (THE CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MAINTENANCE FACILITY). Mr. Altman reported that this resolution would direct Staff to file the necessary application with Lafco to annex the property on which the Public Works maintenance facility is located. This annexation to the City would maintain the nontaxable status of the property, and he recommended adoption of this resolution. Upon motion by Puluqi, second by Kelly, Resolution No. 84-34 was adopted by a 4-0-1 vote of the Council. D. RESOLUTION NO. 84-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 83-59 BY LOWERING THE SALARY RANGE IN THE TABLE OF AUTHORIZED POSITIONS FOR ONE CLASSIFICATION. Mr. Altman reported that at the time the mid -year budget was adopted an additional position had been created in order to clean up the City streets. It was felt that this would be a good time to bring the salary in line with other positions, and therefore adoption of the resolution was recommended. Upon motion by Puluqi, second by Kelly, Resolution No. 84-35 was adopted by a 4-0-1 vote of the Council. E. RESOLUTION NO. 84-36 - 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), ROBERT L. MARTIN, APPLICANT. Upon motion by Kelly, second by Jackson, Resolution No. 84-36 was adopted by a 4-0-1 vote of the Council. -4- MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. RESOLUTION NO. 84-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF HEALTH, RIVERSIDE COUNTY, TO IMPOSE A $15.00 SUB -SURFACE SEWAGE DISPOSAL SYSTEM REVIEW FEE. Mr. Altman reported that this item had been discussed at length in Study Session and recommended adoption of this resolution. Upon motion by Kelly, second by Jackson, Resolution No. 84-37 was adopted by a 4-0-1 vote of the Council. G. RESOLUTION NO. 84-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1983-84 BUDGET TO APPROPRIATE ADDITIONAL FUNDS TO PROVIDE FOR PAYMENT OF PROPERTY TAXES FOR THE CORPORATION YARD, 74-833 JONI DRIVE, PALM DESERT. Mr. Altman reported that this resolution would allow us to pay back taxes on the maintenance yard. The previous agenda item for annexation will forego us paying any future taxes. He recommended adoption of the resolution. Upon motion by Kelly, second by Puluqi, Resolution No. 84-38 was adopted by a 4-0-1 vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 365 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.98 TO TITLE 5 OF THE PALM DESERT MUNICIPAL CODE REGULATING SECURITY ALARM SYSTEMS. Mr. Altman requested this item be continued for three meetings in order to give the Sheriff's Department the opportunity to look further into the administrative aspect of this matter. Upon motion by Puluqi, second by Jackson, this matter was continued to the meeting of May 10, 1984, by a 4-0-1 vote of the Council. B. ORDINANCE NO. 366 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATING TO SPEED ZONES. Mr. Altman reported that this item was discussed at length in Study Session and recommended passing this ordinance to second reading. Upon motion by Puluqi; second by Snyder, Ordinance No. 366 was passed to second reading by a 3-1-1 vote of the Council, with Councilman Kelly voting NO because he felt there was a discrepancy in speed zones on Fred Waring Drive between Monterey and Portola and between Portola and Cook. XI. XII. For Adoption: None CONSENT ITEMS HELD OVER None NEW BUSINESS A. REQUEST FOR APPROVAL OF LANDSCAPE MAINTENANCE CONTRACT FOR COOK STREET AND COUNTRY CLUB DRIVE MEDIANS. Mr. Altman reported that an assessment district was formed last year for the maintenance of these medians. The one-year maintenance period following initial installation of landscaping has expired, and the MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City must now assume the maintenance responsibility for the assessment district. Vista Verde Landscaping is currently doing this work and has submitted a proposal for the remainder of this fiscal year. As they have been providing a satisfactory level of service and their proposed fee is within the acceptable range of the scope of work to be performed, it is Staff's recommendation that Council, by Minute Motion, authorize the Mayor to execute a contract with this firm for the remainder of fiscal year 1983/84. Councilman Puluqi moved to, by Minute Motion, authorize the Mayor to execute a contract for landscape maintenance on the Cook Street and Country Club Drive medians for the remainder of fiscal year 1983/84. Motion was seconded by Jackson. Motion carried by a 4-0-1 vote of the Council. B. CONSIDERATION OF REQUESTS FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT MONIES. Mr. Altman reviewed Staff's report and recommended confirmation of the City's use of 1984/85 Community Development Block Grant entitlement monies for the Cove Communities Senior Center and to consider any other requests which may qualify for the program's Economic Development and Housing Loans Fund. He noted an ad had run in the Post requesting public input on this item. Mayor Snyder invited public input on this matter, and none was offered. Councilman Puluqi moved to, by Minute Motion, confirm the City's use of 1984/85 Community Development Block Grant entitlement monies for the Cove Communities Senior Center and consider any other requests which may qualify for the program's Economic Development and Housing Loans Fund. Motion was seconded by Kelly. Motion carried by a 4-0-1 vote of the Council. C. REQUEST FOR AUTHORIZATION TO NEGOTIATE INSTALLATION OF FIRE SPRINKLER SYSTEM ON SENIORS' CENTER. Mr. Altman reported that no bids had been received for the sprinkler system and recommended authorizing City Staff to negotiate a contract for installation of same. Councilman Puluqi moved to, by Minute Motion, declare that no bids were received for the installation of the fire sprinkler system on the Cove Communities Senior Center and authorize City Staff to negotiate a contract for the installation of same. Motion was seconded by Kelly. Motion carried by a 4-0-1 vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FOR CONTRIBUTION TO THE DESERT RESORT'S COMMUNITY CONVENTION/VISITOR BUREAU. Mr. Altman reported that this had been discussed at length in Study Session and recommended it be tabled and a letter directed to members of the group asking them to back up and start anew. He added that this recommendation was unanimously endorsed at the March 16, 1984, meeting with representatives of the Town Center, Marriott, El Paseo Merchants Association, the Advertising & Promotion Committee, the Board of Realtors and Shadow Mountain Resort and Racquet Club. Also, with Councilman Wilson presently out of the country, Councilmember Jackson will be filling in for him at any meetings until his return. Upon motion by Puluqi, second by Kelly, this item was TABLED, with Staff directed to send a letter to the group asking them to back up and start over, by a 4-0-1 vote of the Council. XIV. OLD BUSINESS None -6- MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ORAL COMMUNICATIONS - B XVI. MR. SANDY BAUM, 45-800 Deep Canyon, Palm Desert, commended the Council for a new radio show by Mrs. Gilligan, which he had heard on KWXY on Tuesday at 1:15 p.m. He also commended Mrs. Gilligan for a job well done. However, he was concerned about the show airing at 1:15 p.m., when he felt most people would be returning from lunch and would not be able to hear it. He also felt something should be done to inform people of this program. MR. TIM JOHNSON, 43-101 Portola, Palm Desert, addressed the Council relative to a discussion in Study Session on the use of the facilities. He advised that he was with a group that meets in the community room at a local bank. The bank does not require an employee to be present while the room is being used. A member of his group picks up a key on Friday, they let themselves in on Sunday and put the key in the night deposit box when they leave. He felt the City should consider something like this to alleviate the problem of having a staff member on the premises whenever the facilities are used by outside groups. MR. BILL CARVER, 525 S. Palm Canyon, Palm Springs, addressed the Council relative to property he owned within the City of Palm Desert's sphere of influence which Rancho Mirage is proposing to annex. He asked the status, noting that he had been before the Rancho Mirage Planning Commission for zoning that afternoon. Upon question by Mr. Altman, Mr. Carver advised that while he preferred to remain in the County, he had no preference as to which city he would be annexed. He indicated there was a problem with the property owner adjacent to him and the City limit line, which might delay annexation to the City of Palm Desert. Upon question by Councilman Kelly, Mr. Carver advised that Rancho Mirage had zoned his property Public Professional. Mr. Altman suggested that this item be referred to Staff and Councilmembers Kelly and Jackson so that these items could be clarified with the City of Rancho Mirage. Council concurred. REPORTS AND REMARKS A. CITY MANAGER APPOINTMENT TO ADVERTISING & PROMOTION COMMITTEE Mr. Altman recommended that Jim Lopez, General Manager of the Palm Desert Marriott, be appointed a member of the A & P Committee. Upon motion by Kelly, second by Jackson, Mr. Jim Lopez was appointed a member of the A & P Committee by a 4-0-1 vote of the Council. B. CITY ATTORNEY N one C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Jackson expressed concern that the City of Indio was not being asked to participate in the school fee development program. If the County of Riverside and the Cities of Palm Desert, La Quinta, and Rancho Mirage are participating, she felt that the City of Indio should also participate. Council concurred and directed the City Manager to follow up to determine why the City of Indio is not being asked to participate. -7- MINUTES REGULAR CITY COUNCIL MEETING MARCH 22, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Councilmember Jackson expressed concern relative to the installation of a prison in the Coachella Valley. She felt that the Eagle Mountain area would be an ideal location. Staff was directed to write a letter for the Mayor's signature to Senator Robert Presley indicating the Council's position. 3. Councilmember Jackson questioned whether the Library on Portola is owned by the City and wondered who is responsible for maintenance of the facility. She suggested there be an investigation into what is necessary to bring it up to standard. Mr. McClellan responded that the Library is owned by the City and leased to the City of Riverside. He advised that upon renewal of the lease, the lessee had requested correction of 1S4 pages of items, which the City had taken care of. Upon question by Councilman Kelly, Mr. McAllister responded that Community Development Block Grant monies could be used for new libraries. Mayor Snyder recommended that the 2000 Committee look into building a new library. 4. Mr. Altman reported that the State Department of Finance and the Governor would like to stop the Department of Forestry from contracting with cities and counties for services. He suggested that the City of Palm Desert take a leadership role in lobbying against this move since it would have a dramatic effect on many cities and counties in the State. Councilmember Jackson moved to authorize the Mayor and City Manager to lobby against the restriction of the State Department of Forestry contracting with cities and counties for services. Councilman Puluqi seconded the motion. Motion carried by a 4-0-1 vote of the Council. 5. Mayor Snyder asked that everyone note the future meetings listed on the agenda. XVII. ADJOURNMENT Upon motion by Puluqi, second by Kelly, Mayor Snyder adjourned the meeting at 7:57 p.m. ATTEST: Wit......_ SHEILA R. GIL GAN, CI ' CLERK CITY OF PALM DESER #ALIFORNIA -8- WALTER H. SNYDER. M