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HomeMy WebLinkAbout1982-04-08MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 8, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:09 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander IV. ROLL CALL Present: Absent: Mayor Pro-Tem Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Councilman James E. McPherson Martin J. Bouman, City Manager Doug Phillips, Deputy City Attorney Carlos L. Ortega, Assistant City Manager Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul E. Byers, Director of Finance Sheila R. Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING THE WEEK OF APRIL 18TH-24TH, 1982, AS VOLUNTER FIRE FIGHTERS WEEK. Mayor Wilson read the Proclamation and thanked the volunteer fire fighters in our community for their outstanding service. Councilman Puluqi, member of the Cove Community Fire Commission, accepted the Proclamation. Councilman Snyder pointed out that many people were receiving a request from the Volunteer Fire Department for our normal donations for this time of year. He noted the Volunteer Fire Department still exists on donations from the public, and all the equipment and gear comes from that. There has been some misinterpretation of the fact that we have created a special tax. That goes to our paid fire people, and so it is still important that we back the volunteers inasmuch as they are vital to our program. Mayor Wilson agreed and stated that the donations are still desperately needed by the volunteers. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of March 25, 1982. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-093 and 82-094. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING APRIL 8, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Dick H. Flavin and Donald W. Renowden for FISH & SKILLET, 73-155 Highway 111, Palm Desert, California. Rec: Receive and file. D. CLAIM AGAINST THE CITY OF PALM DESERT BY C.G.O. ENTERPRISES In The Amount of $30,462. Rec: Deny the Claim in the amount of $30,462 and instruct the City Clerk to so advise the Claimant. E. RESOLUTION NO. 82-36 - 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 AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. Councilman Puluqi asked about the negotiations with C.G.O. Enterprises, Item "D" of the Consent Calendar. Doug Phillips responded that they were in progress but nothing to report. Upon motion by Newbrander, second by Puluqi, the Consent Calendar was approved as presented by unanimous vote of the members present. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPROVAL FOR TT 18027 (AMENDMENT), ALLOWING CONSTRUCTION OF 10 CONDOMINIUM UNITS IN THE PR-7, S.P. ZONE (PLANNED RESIDENTIAL, 7 D.U./ACRE, SCENIC PRESERVTION OVERLAY) LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FUTURE EXTENSION OF FAIRHAVEN DRIVE. CASE NO. TT 18027 (AMENDMENT), MOE HOFFMAN, HOFFMAN BUILDERS, INC., APPLICANTS. (Continued from Meeting of March 25, 1982.) Mayor Wilson noted the Public Hearing was Open as the item had been continued from the last meeting. He asked for the Staff Report. Mr. Diaz stated because of some of the concerns that had been raised during Study Session prior to the meeting and as indicated, there is a problem in terms of the State Subdivision Map Act regarding the time of approval deadlines, he had asked the applicant if he would object to having the item continued until the next meeting. The applicant has agreed. Staff, therefore, requested the item be continued to the Council Meeting of April 22, 1982. MR. CHARLES MARTIN, representative of the applicant, asked that the record note that the owner will not be in the Country on that date. He asked if it were further continued on that date, would there be a problem with the State Map Act? Mr. Diaz responded that there would not be. Upon motion by Snyder, second by Puluqi, Case No. TT 18027 (Amendment) was continued to the meeting of April 22, 1982, by unanimous vote of the members present. -2- MINUTES REGULAR CITY COUNCIL MEETING APRIL 8, 1982 * * * * * * * * * * * * * * * * * *.* * * * * * * * * * * * * * * IX. RESOLUTIONS A. RESOLUTION NO. 82-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET TO PROVIDE FOR COST OVERRUNS FOR CONSTRUCTION OF THE SAN PASCUAL CHANNEL. (Continued from Meeting of March 25, 1982.) Mr. Bouman noted that the request was for the Council to authorize $9,268.66. This represents a cost overrun for additional concrete on a per unit basis that was required in the construction of the San Pascual Channel. It represents an 18% excess of concrete over the engineering estimate which the Director of Public Works advises is not unusual. Council should, however, be aware that this is a figure that the City has arrived at as being fair and just although the contractor is likely not to be satisfied with this amount. He is asking for considerably more which we cannot justify. With this authorization, the job will be closed out as construction is completed. Upon motion by Newbrander, second by Puluqi, Resolution No. 82-27 was adopted by unanimous vote of the members present. X. ORDINANCES For Introduction: A. ORDINANCE NO. 295 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 12, STREETS AND SIDEWALKS, BY ADDING CHAPTER 12.18, PUBLIC ACQUISITION. Mr. Diaz stated that this ordinance would handle the potentiality of handling nonconforming situations if we were ever to acquire property for streets and highways and other public purposes. The ordinance was recommended by the City Attorney. Upon motion by Newbrander, second by Puluqi, Ordinance No. 295 was passed to second reading by unanimous vote of the members present. B. ORDINANCE NO. 296 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.020 RELATING TO SPEED ZONES. Mr. Bouman reported that this was a requested ordinance change establishing two new speed zones in the City and came on the recommendation of the City's Technical Traffic Committee. Following the speed studies that are required under the California Vehicle Code, the changes would be to make El Paseo, west of Highway 74, a 35 mph speed zone and Grapevine Street, between Highway 74 and Portola Avenue, a 40 mph zone. Mayor Wilson asked about Fairway Drive, between Portola Avenue and Cook Street. He noted it was listed as 40 mph and is currently posted as 35 mph. Mr. McClellan responded there was a discrepancy in that the street was posted that way, but the ordinance had never been amended to reflect any change. Mayor Wilson noted that Council had made that change a few years ago, and this ordinance should reflect it. Mr. Bouman suggested that the item be continued to allow Staff time to research it. Mr. Puluqi questionned why Grapevine had received a 40 mph limit inasmuch as it is a residential street with children. Mr. McClellan stated that in order to make speed limit changes, the City must conduct speed surveys and then take an average of 80% of the speeds noted for -3- MINUTES REGULAR CITY COUNCIL MEETING APRIL 8, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the limit set. In addition, he noted that Grapevine was considered a collector street. Discussion followed on how the City could legally lower the speed limit on Grapevine. Mr. McClellan stated these concerns could be presented to the Technical Traffic Committee at their meeting the next day if Council chose to continue the item. Upon motion by Snyder, second by Puluqi, Ordinance No. 296 was continued to the meeting of April 22, 1982, by unanimous vote of the members present. For Adoption: A. ORDINANCE NO. 292 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE THE 1981 NATIONAL ELECTRICAL CODE HEREINAFTER DESIGNATED AS CHAPTER 22 - PALM DESERT ELECTRICAL CODE. Mr. Bouman requested a continuance of this reading to allow Staff time to prepare amendments as suggested by Mr. George of Imperial Sign at the Council's previous meeting. Upon motion by Newbrander, second by Puluqi, Ordinance No. 292 was continued to the meeting of April 22, 1982, by unanimous vote of the members present. B. ORDINANCE NO. 293 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE ZONING ORDINANCE TEXT RELATING TO AMUSEMENT ARCADES. CASE NO. ZOA 2-82. Mr. Bouman reported there had been no additional input since first reading of the ordinance. Upon motion by Snyder, second by Puluqi, Ordinance No. 293 was adopted by a 3-1-1 vote of the Council with Councilman Newbrander voting NO and Councilman McPherson ABSENT. C. ORDINANCE NO. 294 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 27, "GRADING", OF THE PALM DESERT MUNICIPAL CODE. Mr. Bouman reported there had been no additional input since first reading of the ordinance. Upon motion by Puluqi, second by Newbrander, Ordinance No. 294 was adopted by unanimous vote of the members present. XI. XII. CONSENT ITEMS HELD OVER None NEW BUSINESS A. REQUEST FOR APPROVAL OF AN AGREEMENT WITH LEWIS HOMES OF CALIFORNIA FOR DEDICATION, IMPROVEMENT AND MAINTENANCE OF SAN PASCUAL CHANNEL, PHASE II. Mr. McClellan stated that the need to expand the San Pascual Channel had previously been discussed with Council. This expansion would be from Magnesia Falls Drive to Fred Waring Drive so we can continue our improvement and local stormwater protection of that area. Lewis Homes was originally required to install this drain under their Tentative Tract Map which has expired. Therefore, Staff finds that if we were to go ahead and construct the channel, we could collect the storm drain fees that were in effect at that time. Lewis Homes would not be -4- MINUTES REGULAR CITY COUNCIL MEETING APRIL 8, 1982 * * * * *. * * * * * * * * * * * * * * * * * * * * * * * * * * * * required to do less. He noted Staff had been authorized to negotiate with Lewis Homes to acquire the right-of-way and an agreement was reached. Staff was now requesting approval of said agreement. Upon motion by Puluqi, second by Snyder, the agreement was approved and the Mayor and City Clerk were authorized to execute same by unanimous vote of the members present. B. REQUEST FOR CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT SENIORS ASSOCIATION. Mr. Bouman stated this was an agreement Staff had been working on with the Palm Desert Seniors' Association for some time and basically what it constitutes is an option on the part of the Seniors' Association to lease from the City a portion of our park at the corner of Catalina Way and San Pascual. He noted Council had been briefed on this from time to time and was familiar with it. He said the attorneys had worked out the details to the satisfaction of both. He recommended one change in Paragraph 6(a) on Page 4 to read as follows: "In the event Lessee has begun and is proceeding expeditiously with improvements upon the demised premises, which improvements will amount to $25,000 or more in value when completed, Lessor's right to terminate this lease shall cease unless the Lessor reimburses Lessee for the costs expended." He stated he felt that if this was not included, there was no opportunity to terminate the lease under any circumstances. He clarified that there was no intention to terminate; however, all agreements should provide such an option. MR. HENRY CLARK, Palm Desert Seniors' Association, addressed Council with concern over this change. He felt that the improvements could increase in value annually. MS. JEAN ANN HIRSCHI, Attorney for the Palm Desert Seniors' Association, suggested the change be worked out between the attorneys to mutual satisfaction. Councilman Snyder moved approve the agreement between the City of Palm Desert and the Palm Desert Seniors' Association with the minor item to be worked out by the two attorneys. Councilman Newbrander seconded the motion. Motion carried by unanimous vote of the members present. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. . ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY N one -5- MINUTES REGULAR CITY COUNCIL MEETING APRIL 8, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the Future Meetings listed on the Agenda as verified by the City Clerk. XVII. ADJOURNMENT Councilman Newbrander moved to adjourn the meeting to Closed Session to immediatley follow the Redevelopment Agency Meeting for the purpose of discussing a personnel matter. Councilman Puluqi seconded the motion; carried unanimously. Mayor Wilson adjourned the meeting to Closed Session at 7:50 p.m. Mayor Wilson reconvened the City Council Meeting at 8:42 p.m. and immediately adjourned with no action taken. ATTEST: SHEILA R. GIL ur' AN, CITY ' / RK CITY OF PALM DESERT, • FORNIA -6-