Loading...
HomeMy WebLinkAbout1982-04-22MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 22, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:15 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander IV. ROLL CALL Present: Councilman James E. McPherson Mayor Pro-Tempore Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager Doug Phillips, Deputy City Attorney Carlos Ortega, Assistant City Manager Barry McClellan, Director of Public Works Paul Byers, Director of Finance Ramon Diaz, Director of Environmental Services Larry McAllister, Administrative Services Officer Sheila Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. AWARD OF FIVE-YEAR SERVICE PIN AND PROCLAMATION OF APPRECIATION To Henry W. Holtz, Who Retired from Public Service on April 2, 1982. Mayor Wilson stated the Council was very pleased and honored to present a Resolution of Appreciation and a Five -Year Service Pin to one of the City's dedicated and faithful employees who unfortunately was retiring. He noted Mr. Holtz had joined the Department of Public Works after serving 17 years with the City of Palm Springs, and he brought with him a great deal of experience to help us set up our street maintenance program in his capacity of Street Maintenance Superintendent. He said he had been a part of the dynamic growth the City had experienced and had the responsibility of supervising and developing that portion of the department. He pointed out that it was under this supervision that the street and park maintenance functions of our City gradually transferred from private contracts to a full City operation. He concluded by stating that we had a very thrifty and efficient maintenance operation, and much of the credit went to Mr. Holtz. Mayor Wilson read the Resolution of Appreciation. Mr. Holtz thanked the City for the expressionn of appreciation. He said he accepted it with a great deal of esteem and gratitude and that he was very happy to have had the privilege of working for the City of Palm Desert and with its emloyees. He concluded by stating he would sincerely miss everyone. AGENDA REGULAR CITY COUNCIL MEETING APRIL 22, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 8, 1982. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-095 and 82-101. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MARCH, 1982. Rec: Receive and file. D. CLAIM AGAINST THE CITY OF PALM DESERT BY ALLRED do KYSER CONSTRUCTION In the Amount of $68,606.35. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. E. APPLICATION FOR BINGO LICENSE By Silver Spur Mobile Manor Park. Rec: Approve the request and authorize the Code Enforcement Department to issue a permit. F. APPLICATION FOR BINGO LICENSE By Portola Palms Recreational Group. Rec: Approve the request and authorize the Code Enforcement Department to issue a permit. G. REQUEST FOR RELEASE OF BOND FOR CUP 07-77, ROBERT RICCIARDI, APPLICANT. Rec: Approve the request and authorize the City Clerk to release said bond. Upon motion by Puluqi, second by McPherson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. VIII. ORAL COMMUNICATIONS - A None 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 PRESERVATION 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 April 8, 1982.) Mayor Wilson noted that the Public Hearing was Open in that this was a continued Public Hearing. He asked for Staff's report. . Mr. Diaz stated the applicant had requested this matter be continued to the next meeting of the Council and if possible, a subcommittee be created to sit down and discuss concerns in hopes of coming up with -2- AGENDA REGULAR CITY COUNCIL MEETING APRIL 22, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * mutually acceptable solutions. He concluded by stating Staff recommended a continuance. Councilman McPherson suggested that two members of the Planning Commission also be a part of the subcommittee, and the other Councilmen concurred. Upon motion by McPherson, second by Puluqi, Case No. TT 18027 (Amendment) was continued to the meeting of May 13, 1982, by unanimous vote of the Council. Mayor Wilson suggested Councilmen McPherson and Snyder participate in the subcommittee. Councilman Puluqi concurred as long as they brought opposing views. With unanimous Council concurrence, Councilmen McPherson and Snyder were so appointed. B. CONSIDERATION OF A REQUEST TO VACATE RIGHT-OF-WAY AT THE NORTHWEST CORNER OF PALM DESERT DRIVE AND SAN CARLOS AVENUE. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Bouman advised that the Director of Public Works was waiting for additional information from the property owner, and thus Staff recommended a continuance of the matter to the meeting of May 13, 1982. Mayor Wilson invited input from anyone present wishing to speak on the matter, and none was offered. Upon motion by McPherson, second by Puluqi, the item was continued to the meeting of May 13, 1982, by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 82-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET TO PROVIDE FOR INCREASE IN REQUIREMENTS FOR CONTRIBUTION TO PALM DESERT VOLUNTEER FIRE DEPARTMENT AND ADDITIONAL COSTS FOR DEPARTMENTAL LEGAL SERVICES AND VEHICLE INSURANCE. Mr. Bouman reported that this resolution was presented for three reasons: (1) The City now has 22 volunteer fire fighters who are paid under a City incentive program. An amount of $12,000 was budgeted when the number of volunteers was lower. An amount of $19,000 will be required to finish out the fiscal year; (2) Legal expenses simply are in excess of what Staff anticipated. He noted these fees are outside the monthly retainer; and (3) the liability and property damage insurance for the new truck were not previously budgeted. Councilman Puluqi asked if the City needed any more volunteer firemen. Mr. Bouman responded that he did not know but would find out and report at a later meeting. Mayor Wilson inquired as to whether or not the other cities had a paid volunteer program. Councilman Snyder responded that they did not. Mayor Wilson asked if the volunteer firemen in Palm Desert lived here or joined our department in order to receive the pay. He noted that our volunteers respond to fires in both Indian Wells and Rancho Mirage. Councilman Snyder said that it had been discussed at the Fire Commission meetings and that he would bring it up again. Upon motion by Newbrander, second by Puluqi, Resolution No. 82-38 was adopted by unanimous vote of the Council. -3- AGENDA REGULAR CITY COUNCIL MEETING APRIL 22, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Bouman added that if there is enough money in the Special Fire Tax Fund, perhaps it would be the right thing to do to pay the volunteers out of that money. Council concurred. X. ORDINANCES For Introduction: A. 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. (Continued from the Meeting of April 8, 1982.) Mr. McClellan reported that this had been continued because of several concerns expressed. One of those was that in the existing ordinance, Fairway was listed as 40 mph and the street was actually posted at 35 mph. He noted that research indicated that a resolution in 1978 did indeed change the speed; however, the ordinance had never been amended. Thus the proposed ordinance reflected this change. The other concern was the speed limit on Grapevine Street. Staff recommended, based on traffic speed surveys that the speed be posted as 40 mph. That recommendation went back to the Technical Traffic Committee on April 14th, and they could not find legal justification to lower it in that it is a collector street and did not qualify for the lower limit. Council also expressed concern about the accident rate on that street and research showed over the last year and a half there have been no accidents thus far this year, and there were two accidents in 1981 --neither speed related. Councilman Puluqi stated that we were preempted by State law in lowering the limit. Doug Phillips added that a case would be dismissed in court if the speed surveys did not support the limit posted. Upon motion by McPherson, second by Puluqi, Ordinance No. 296 was passed to second reading by unanimous vote of the Council. B. 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. (Continued from the Meeting of April 8, 1982.) Mr. Bouman stated that it was reported this was an ongoing effort to bring our codes into conformance with State and Federal codes. He noted the item had been continued for consideration of a suggestion by Mr. George of Imperial Sign Company and that this revision had been included in the proposed ordinance. It would now require another first reading. MR. GEORGE, Imperial Sign, thanked Council for their conscientiousness not only for public health and safety, but also for consumer protection. Upon motion by Newbrander, second by Puluqi, Ordinance No. 292 was passed to second reading by unanimous vote of the Council. For Adoption: 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. Ortega reported there had been no further input since first reading. Councilman Puluqi stated his concern that the wording was unclear for -4- AGENDA REGULAR CITY COUNCIL MEETING APRIL 22, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the average person. He did not understand what it said. Doug Phillips explained that the ordinance protected a property owner who had a piece of zoned property from losing that zoning designation if and when the City had to acquire a portion of it for public purposes. Councilman Puluqi stated the ordinance should be rewritten for clarification of that point. Mayor Wilson concurred. Councilman Snyder moved to continue the ordinance to the meeting of May 13, 1982, to allow the City Attorney time to rewrite it. Councilman McPherson seconded the motion. Councilman Newbrander stated that the wording was clear to her if read carefully. Councilman Snyder withdrew his motion and Councilman McPherson withdrew the second. Upon motion by Snyder, second by McPherson, Ordinance No. 295 was adopted by a 3-2 vote of the Council with Councilman Puluqi and Mayor Wilson voting NO. XI. XII. CONSENT ITEMS HELD OVER None NEW BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT BETWEEN THE CITY AND JOYCE McALLISTER FOR THE PURCHASE AND SALE OF REAL PROPERTY. Mr. Ortega reported that this was the last piece of property required for the widening of Monterey Avenue. He noted the City Attorney had prepared the agreement, and Staff recommended approval. Councilman Snyder asked what the construction schedule was. Mr. Ortega responded that it was his understanding that the contract had been awarded by the Hahn Company, and it was now a matter of scheduling. However, it would be one of the last projects. Councilman McPherson moved to approve the Agreement and authorize the Mayor to sign. Councilman Snyder seconded the motion; carried unanimously. B. REQUEST FOR APPROVAL OF RIVERSIDE COUNTY ARTS PLAN, RIVERSIDE ARTS FOUNDATION, APPLICANT. Mr. Ortega reported that the Arts Foundation must have the subject plan approved by the various City Councils in order to be eligible for certain grants. It would not interfere with any local projects. Upon motion by McPherson, second by Newbrander, Resolution No. 82-30 was adopted by unanimous vote of the Council. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None -5- AGENDA REGULAR CITY COUNCIL MEETING APRIL 22, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. REPORTS AND REMARKS A. CITY MANAGER 1. CIVIC CENTER BID EXTENSION Mr. Bouman reported that the City's architect had recommended that the deadline for accepting bids for construction of the Civic Center be extended 14 days from May 3rd to May 17th. Upon motion by McPherson, second by Puluqi, the deadline for proposals for the Civic Center Project was extended to May 17th at 3:00 p.m. by unanimous vote of the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson reported that the Council would be meeting informally on Monday, April 26th, at 2:00 p.m. to hear a presentation by the Bechtel Corporation on the flood control project. It was also noted that the Study Session for April 29th was cancelled. All other meetings listed under Future Meetings were confirmed. XVII. ADJOURNMENT Upon motion by McPherson, second by Snyder, and unanimous vote, Mayor Wilson adjourned the meeting at 8:05 p.m. ATTEST: • SI-IEILA R. GILLI6'AN, CITY C CITY OF PALM DESERT, CAL " ORNIA -6- J-R,'44 S. ILSONI, MAYO