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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. 1 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. - 2 - MINUTES REGULAR CITY COUNCIL MEETING AUGUST 26, 1982 :: * :'c * 'c 'X '* * * * 1C * * * * !c ;'c * * * * * * * * * * * * :: :'t :'c * * ;'c 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. 3 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 26, 1982 * * * * * * * * * * * * * * * * * ;': * * ;'c * * * * ;: * * * ;; * * * * ,,'; 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. - 4 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 26, 1982 * * * * * * * * * * * * * * * * * * * * * * * * is SAC * * * :C SAC * * 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 5 MINUTES REGULAR CITY COUNCIL MEETING AUGUST 26, 1982 * * is * * * * is ;'C * * * * * * * * * * * * * * * * * * :'C * * * * 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. 1 ATTEST: DEL CLAUSSEN, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA