HomeMy WebLinkAbout1982-08-26MINUTES
REGULAR CITY COUNCIL MEETING
THURSDAY, AUGUST 26, 1982
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
I. CALL TO ORDER
Mayor Wilson convened the Regular Meeting of the City
Council at 8.03 p.m.
II. PLEDGE OF ALLEGIANCE - James E. McPherson
III. INVOCATION - Alexis Newbrander
IV. ROLL CALL
Present: Absent:
Councilman James E. McPherson
Mayor Pro-Tempore Alexis D. Newbrander
Councilman Romeo S. Puluqi
Councilman Walter H. Snyder
Mayor S. Roy Wilson
Also Present:
None
Martin J. Bouman, City Manager
Carlos L. Ortega, Assistant City Manager
Douglas Phillips, Deputy City Attorney
Barry McClellan, Director of Public Works
Ramon Diaz, Director of Environmental Services
Paul E. Byers, Director of Finance
Del Claussen, Deputy City Clerk
V. AWARDS, PRESENTATIONS AND APPOINTMENTS
A. APPOINTMENT OF PLANNING COMMISSIONERS TO FILL TWO
EXPIRED TERMS ON THE PLANNING COMMISSION.
Mayor Wilson stated the Council had discussed this item
in Study Session and had not reached the required number
of votes to make an appointment tonight.
Upon motion by Snyder, second by Newbrander, Item V. was
continued to the meeting of September 9, 1982,by unanimous vote.
VI. CONSENT CALENDAR
A. MINUTES of the Adjourned Meeting of July 15, 1982.
Rec: Approve as presented.
B. MINUTES of the Regular Meeting of July 22, 1982.
Rec: Approve as presented.
C. MINUTES of the Special Meeting of August 3, 1982.
Rec: Approve as presented.
D. MINUTES of the Regular Meeting of August 12, 1982.
Rec: Approve as presented.
MINUTES
REGULAR CITY COUNCIL MEETING AUGUST 26, 1982
VI. CONSENT CALENDAR (Continued)
E. MINUTES of the Adjourned Meeting of August 19, 1982.
Rec: Approve as presented.
F. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY -
Demand Nos. 83-021 and 83-022.
Rec: Approve as presented.
G. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JULY, 1982.
Rec: Receive and file.
H. REQUEST FOR REFUND OF BUSINESS LICENSE by R. E. Scott,
Pars Incorporated.
Rec: Approve the request and authorize a refund in
the amount of $34.37.
I. REQUEST FOR RELEASE OF BONDS, Tract No. 15366, Ironwood
Country Club, Applicant.
Rec:
By minute motion, to reduce the Faithful
Performance Bond to 107 of Face Value for the
One Year Maintenance Period.
J. REQUEST FOR RELEASE OF PERFORMANCE AND PAYMENT BOND,
Palm Desert Fire Station No. 2 - Baldi Brothers.
Rec:
By minute motion, to release the Performance,
Payment Bond, and $16,500.00 on Mesa View
Fire Station, 73-200 Mesa View Drive.
K. REQUEST FOR SUBSTITUTION OF SURETIES, Tract No. 13915,
Frank R. Goodman, Applicant.
Rec: By minute motion, accept the new bonds and
subdivision agreement submitted by Frank R.
Goodman and release bonds held by the city
with George Marzicola as obligee.
L. REQUEST FOR EASEMENT from Southern California Edison
Company.
Rec:
Waive further reading and adopt Resolution
No. 82-121, granting an easement for electrical
service to Southern California Edison Company.
M. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Diane C.
and Frank J. Parisi, for PORTA D'ITALIA, 73-703 Hwy. 111,
Palm Desert.
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Rec: Receive and file.
Dean Cole requested Item L be removed for discussion under
Section XI.
On a motion by Newbrander, second by Puluqi, the remainder of
the Consent Calendar was approved unanimously.
VII. ORAL COMMUNICATIONS
Rick Clarke - Goleta Drive, Palm Desert
Charles Tripp - Aster Drive, Palm Desert
Both commended the Council and Staff for their fine work in
getting a Sports Complex for Palm Desert In response to
a question by Mr. Tripp, Ray Diaz stated the construction would
begin right after Labor Day. Mr. T_.pp.suggested 1st priority
be giv — o children.
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Mr. Charles Miller, 73-526 Little Bend Trail, Palm Desert,
complained to Council that he had tried to pay his curb
and gutter assessment and that it was refused by the Finance
Department because it was one day late.
Paul Byers explained that this late payment had been refused
on the advice of the bond counsel. An extra day had been
granted due to the deadline falling on a Sunday, and he stated
that all paid and unpaid assessments had gone to bond counsel.
Councilman McPherson suggested the entire amount could be paid
on the next tax bill.
VIII. PUBLIC HEARINGS
A. REQUEST FOR CONFIRMATION OF ASSESSMENTS ON PROPERTY
OWNERS IN CITY OF PALM DESERT FOR ABATEMENT OF WEEDS AND
OTHER NUISANCES.
Mayor Wilson declared the Public Hearing Open and asked for
Staff's report.
Mr. Bouman stated this was a routine procedure when the
city has to see that vacant lots are cleaned according to
code. This would assess the owner for the cost of lot
abatement
Mayor Wilson invited input in FAVOR or AGAINST. There being
none, he declared the Public Hearing Closed.
On a motion by McPherson, second by Snyder, Resolution
No. 82-122 was unanimously adopted.
IX. RESOLUTIONS
A. RESOLUTION NO. 82-123 - A RESOLUTION OF INTENTION OF THE
CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
INITIATING PROCEEDINGS TO VACATE A PORTION OF SAN CARLOS
AVENUE AT PALM DESERT DRIVE UNDER THE PROVISIONS OF PART 3
DIVISION 9, OF THE STREETS AND HIGHWAYS CODE, AND FIXING
TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR
OBJECTING TO PROPOSED VACATION.
Mr. Bouman stated this request had been heard three times
and was always withdrawn due to lack of interest. On
behalf of the new property owner, he recommended Resolution
No. 82-123 be adopted, setting a Public Hearing to hear
the new request.
On a motion by Snyder, second by Newbrander, Resolution 82-123
was unanimously adopted.
X. ORDINANCES
For Introduction: None
XI. For Adoption:
A. ORDINANCE NO. 313 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE
FROM R-3 (9) S.P. AND P.R.-6, S.P. TO P.C.(3)S.P.
CASE NO. C/Z 07-82
Mr. Bouman stated this was second reading, with no
additional input.
On a motion by Newbrander, second by Snyder, Ordinance No. 313
was unanimously adopted.
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B. ORDINANCE NO. 314 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMEND-
MENT TO THE ZONING ORDINANCE TEXT RELATED TO PARKING LOT
REQUIREMENTS.
CASE NO. ZOA 07-82
Mr. Bouman reported no further input.
On a motion by Snyder, second by Newbrander, Ordinance No. 314
was adopted unanimously.
C. ORDINANCE NO. 315 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 107, THE PALM DESERT ZONING MAP BY A PREANNEXATION
CHANGE OF ZONE FROM R-1 12,000 (RIVERSIDE COUNTY) TO
PR-5 AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR PORTOLA AVENUE AND COUNTRY CLUB DRIVE.
CASE NO. C/Z 06-82(UA)
Mr. Bouman reported no further input.
On a motion by Newbrander, second by Snyder, Ordinance No. 315
was adopted unanimously.
XI. CONSENT ITEMS HELD OVER
L. REQUEST FOR EASEMENT from Southern California Edison
Company.
Mr. Dean Cole, 71-742 Eagle, registered a protest against
the Edison Company rates.
Councilman McPherson noted this was for the Town Center
Fire Station.
Councilman Snyder concurred that something should be done
about the disservice and that is what CVAG is attempting
to do. He stated he would not want to jeopardize the city's
fire station by refusing this request.
On a motion by McPherson, second by Newbrander, Resolution
No. 82-121 was unanimously adopted, granting an easement for electrical
service to Southern California Edison Company.
XII. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR THE
PORTOLA AVENUE STREET WIDENING IMPROVEMENTS. CONTRACT
NO. 1046
Barry McClellan stated this street improvement is located
on the west side of Portola at the Arco station and on
the east side of Portola between Larrea and Shadow Mountain.
Negotiations with Arco propertyowner for right-of-way have
not been successful as yet but he suggested the City
could install curb and gutter at 28 ft. instead of 32 from
centerline in lieu of condemnation proceedings or having
to make concessions at this point.
In response to Councilman Puluqi's question why this could
not have been done sooner, Mr. McClellan responded that the
project could have been completed two years ago.
On a motion by Snyder, second by Puluqi and unanimous vote, the
City Clerk was authorized to call for bids for Contract No. 1046.
Mayor Wilson requested information on the neon signs at
the Arco Station.
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XII. NEW BUSINESS (Continued)
B. SETTLEMENT OF 4TH QUARTER 1981/82 FIRE PROTECTION
CHARGES WITH THE CITY OF RANCH MIRAGE.
Mr. Bouman stated he considered the 4th Quarter charge
of $9,430.40 to be a fair settlement and recommended
approval.
On a motion by Snyder, second by McPherson, and unanimous
vote, the City Manager was authorized to pay the City of Rancho Mirage
the sum of $9,430.30 from the Special Fire Tax Fund as settlement for
4th Quarter 1981-82 Fire Protection billings by the County of Riverside.
XIII. CONTINUED BUSINESS
A. RESOLUTION NO. 82-113 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING
RESOLUTION NO. 81-98, RESOLUTION NO. 81-136, RESOLUTION
NO. 82-18, AND THUS ESTABLISHING FOR THE 1982/83 FISCAL
YEAR A REVISED TABLE OF SALARY RANGES FOR CLASSIFICATIONS
AND POSITIONS, A REVISED SALARY SCHEDULE, POSITIONS EXEMPT
FROM OVERTIME PROVISIONS, MILEAGE REIMBURSEMENT, AUTO
ALLOWANCES, SERVICE CLUB REIMBURSEMENT, PROVISIONS FOR
LONGEVITY ADVANCEMENTS, CITY PAYMENT OF THE EMPLOYEE
CONTRIBUTION TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM,
MAXIMUM VACATION ACCUMULATION, OBSERVANCE OF HOLIDAYS
FALLING ON SATURDAY ON THE PRECEDING FRIDAY, AND A PILOT
INCENTIVE PROGRAM TO REWARD EMPLOYEES FOR UNUSED SICK
LEAVE.
B. RESOLUTION NO. 82-114 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLU-
TION NO. 31-99, AND THUS ESTABLISHING A REVISED TABLE OF
AUTHORIZED POSITIONS FOR THE 1982/83. FISCAL YEAR.
Mayor Wilson suggested this item be adjourned to an Open
Session for the purpose of discussing the proposed Resolu-
tions with the Employees' Association.
On a motion by Snyder, second by McPherson, the meeting was
adjourned at 8:30 p.m. to Open Session, to be immediately followed by
a Closed Session to discuss the Bella Vista Agreement, and to be re-
convened immediately after the Closed Session.
MAYOR WILSON RECONVENED THE CITY COUNCIL MEETING AT 12:20 A.M.,
AND STATED THE CITY COUNCIL HAD REACHED A DECISION ON RESOLUTION NOS.
32-113 and 82-114.
Councilman McPherson moved to direct the City Manager to
revise Resolution Nos. 82-113 and 82-114 to reflect a three range
(approximately 7.770) Cost of Living increase for all staff, together
with certain other minor adjustments. Councilman Snyder seconded.
Motion carried on a 3-2 vote, with Councilmen Puluai and Snyder voting
NO.
In response to a question from Councilman Newbrander, Mayor
Wilson stated this salary increase would be retroactive to
July 1, 1982.
XIV. OLD BUSINESS
None
XV. ORAL COMMUNICATIONS
None
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XVI. REPORTS AND REMARKS
A. CITY MANAGER - Mr. Bouman stated that possibly another
meeting would be necessary in a week and requested
adjournment to September 2, 1982 at 4:30 p.m. at the
close of the meeting.
B. CITY ATTORNEY - None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL - None
XVII. ADJOURNMENT
On a motion by Newbrander, second by McPherson, and unanimous
vote, the meeting was adjourned to immediately following the Redevelop-
ment Agency meeting.
MAYOR WILSON RECONVENED THE CITY COUNCIL MEETING AT 12:26 A.M
A. OWNER PARTICIPATION AGREEMENT WITH'WESTERN ALLIED PROPERTIE
INC. FOR RANCHO BELLA VISTA.
Upon motion by Snyder, second by Puluqi, the Agreement, as
Amended and read into the record of the August 26, 1982, Redevelopment
Agency Minutes, was approved on a 4-1 vote, with Mayor Wilson voting NO.
On a motion by McPherson, second by Newbrander, the meeting
was adjourned at 12 : 30 a.'m. to September 2, 1982 at 4 : 30 , p .m.
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ATTEST:
DEL CLAUSSEN, DEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA