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HomeMy WebLinkAbout1982-12-16MINUTES ADJOURNED CITY COUNCIL MEETING THURSDAY, DECEMBER 16, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Puluqi called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Walter H. Snyder M. INVOCATION - Councilman Phyllis Jackson IV. ROLL CALL Present: Councilman Phyllis Jackson Councilman Dick Kelly Mayor Pro-Tempore Walter Snyder Councilman Roy Wilson Mayor Romeo Puluqi Also Present: Martin 3. Bouman, City Manager Carlos L. Ortega, Assistant City Manager David 3. Erwin, City Attorney Ramon Diaz, Director of .Environmental Services Barry D. McClellan, Director of Public Works Paul E. Byers, Director of Finance Sheila R. Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Adjourned Meeting of December 2, 1982. Rec: Approve as presented. B. MINUTES of the Regular Meeting of December 9, 1982. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-054 and 83-061. Rec: Approve as presented. D. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF NOVEMBER, 1982. Rec: Receive and file. E. RESOLUTION NO. 82-157 - 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. MINUTES ADJOURNED MEETING OF THE CITY COUNCIL DECEMBER 16, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REQUEST FOR PRORATED REFUND OF BUSINESS LICENSE OF CURRENT FISCAL YEAR 1982-83, One Eleven Auto Parts, Inc., Applicant. Rec: Approve the request and authorize a refund in the amount of $33.18. Upon motion by Wilson, second by Snyder, the Consent Calendar was approved by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. EARL J. HORENSTEIN, President of The Clothes Horse, 73-930 El Paseo, Palm Desert, addressed Council relative to a citation issued to him for the abatement of an illegal sign — the placement of a surrey on the roof of his business. He read a letter from Mr. Richard Danskin, a neighboring El Paseo merchant, in support of leaving the surrey on the roof and presented a petition (attached hereto and made a part hereof as Exhibit "A") in supprt of same. He asked Council's favorable consideration of provisions to allow the surrey to remain. After discussion, staff was directed to review the matter and present Council with a report and recommendation at its meeting of January 13, 1983. VIII. PUBLIC HEARINGS A. CONSIDERATION OF PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY OF ALL OR PART OF THE COSTS OF THE HEADQUARTERS FIRE STATION. Mayor Puluqi declared the Public Hearing o en and asked for staff's report. Mr. Ortega reviewed the report stating that before bids could be called for, Council must approve payment by the Agency for theis public improvement. Mayor Puluqi invited input in favor or against the payment, and none was offered. He declared the Public Hearing closed. Upon motion by Snyder, second by Jackson, Resolution. No. 82-158 was adopted by unanimous vote of the Council. Councilman Wilson moved to direct the City Clerk to advertise for bids for the construction of the Town Center Fire Station and set January 20, 1983, as the date and time for opening of such bids. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 82-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ENDORSING THE DESERT SANDS UNIFIED SCHOOL DISTRICT'S APPLICATION FOR FUNDING UNDER THE LEROY GREENE ACT AND URGING THE STATE ALLOCATION BOARD'S APPROVAL. Councilman Wilson explained that he had placed this on the Agenda for Council's consideration. He noted that the Desert Sands School District had applied for funding for a new high school and had done so after going through a great deal of public involvement. A citizen committee representing the entire district and with ethnic balance, had been formed and had recommended the application. He recommended that since the high school was critical to our community, the Council support the application for funding. He asked that the City Clerk be directed to send a copy of the resolution to all cities in the District urging the similar action. -2- MINUTES ADJOURNED MEETING OF THE CITY COUNCIL DECEMBER 16, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder offered his concurrence noting that the City of Indio was sending • people to the Board of Allocations meeting to oppose the application. He stated his feelings that our support should be equally represented. Upon motion by Jackson, second by Wilson, Resolution No. 82-159 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 82-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PALM DESERT ADVERTISING AND PROMOTION ADVISORY COMMITTEE, AND DETAILING ITS ORGANIZATION, OBJECTIVES, AND RESPONSIBILITIES. Mr. Bouman stated that the Council and the Advertising ac Promotion Committee had both reviewed this with minor modifications made. He recommended approval. Councilman Wilson asked that the Public Information Officer be included as an ex-officio member of the Committee since she will be working closely with not only the Committee, but the advertising firm. Upon motion by Wilson, second by Kelly, Resolution No. 82-160 was adopted as amended by unanimous vote of the Council. With unanimous Council concurrence, Mayor Pulugi announced the following appointments, some of which were just being reaffirmed: Larry Spicer, Dick Sparks, Susan Nix, Carol Whitlock, Hank Stokes, Ken Hinkle, Jim McLaughlin, Terry Green, and Scott Ellerbroek. C. RESOLUTION NO- 82-161 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, URGING THAT LEGISLATION BE IMMEDIATELY ADOPTED BY THE CONGRESS OF THE UNITED STATES EXEMPTING MUNICIPALITIES FROM LIABILITY UNDER THE FEDERAL ANTITRUST LAWS AS STATES ARE NOW EXEMPTED. Mr. Bouman stated that this had come at the request of the City Attorney and such legislation would have prevented the anti-trust suit with Springs Ambulance that the City is currently involved in. Upon motion by Jackson, second by Kelly, Resolution No. 82-161 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: None For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO RETAIN THE LEGAL FIRM OF BURKE, WILLIAMS do SORENSEN, TO DEFEND THE CITY IN THE ANTI-TRUST LAWSUIT FILED BY SPRINGS AMBULANCE SERVICE, INC. Mr. Bouman stated that the City was obligated to defend itself along with Indian Wells and Rancho Mirage in the Springs Ambulance anti- -3- MINUTES ADJOURNED MEETING OF THE CITY COUNCIL DECEMBER 16, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * trust lawsuit. He advised that the three city attorneys had recommended the firm of Burke, Williams & Sorensen, specifically Mr. Richard R. Terzian, to represent us. The action recommended would authorize City funds in an amount to be equally shared by the three cities to begin the necessary legal action to counteract the suit. Councilman Wilson moved to: 1) By Minute Motion, authorize the retention of the legal firm of Burke, Williams ac Sorensen, and specifically Mr. Richard R. Terzian of said firm, to defend the City in the Anti -Trust lawsuit filed by Springs Ambulance Service, Inc; and 2) Authorize the payment of fees up to $5,000 to the Cove Communities Fire Commission from the Special Fire Tax -Fire Commission Fund (Fund 21-4100-390), provided that any contract for said legal services shall require an equal obligation by the Cities of Indian Wells and Rancho Mirage. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Council. B. REQUEST FOR POLICY DETERMINATION REGARDING PAVING IN PARKWAYS. Mr. Bouman noted that this item had been discussed at length in Study Session. Upon motion by Wilson, second by Jackson, the request was tabled indefinitely by unanimous vote of the Council. C. REQUEST FROM THE CITY OF INDIAN WELLS TO INCLUDE PROPERTY ALONG COOK STREET WITHIN THE CITY OF PALM DESERT IN THEIR PROPOSED LANDSCAPE do LIGHTING MAINTENANCE DISTRICT. Mr. McClellan reviewed the staff report stating that the Council had previously authorized an expenditure of $7,000 for our share of this median. This resolution would permit property within the City of Palm Desert to be included in the Indian Wells assessment district. Upon motion by Jackson, second by Wilson, Resolution No. 82-162 was adopted by unanimous vote of the Council. D. REQUEST FOR CITY'S ASSUMPTION OF ARCHITECT'S AGREEMENT FOR DESIGN OF PALM DESERT TOWN CENTER FIRE STATION. Mr. Ortega reviewed the staff report noting specifically the architect's responsibilities. He recommended approval of the agreement assumption, Councilman Jackson moved to, by Minute Motion, authorize the City's assumption and administration of the architect's Agreement titled "Standard Form of Agreement between Owner and Architect" entered into between Ernest W. Hahn, Inc. and Millard Archuleta Associates on July 21, 1980. Councilman Kelly seconded the motion. Motion carried unanimously. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR FINAL PAYMENT ON MESA VIEW FIRE STATION. Mr. Bouman reported that an amount of $18,000 was withheld from Baidi Bros.' last payment inasmuch as deficiencies had been discovered in the asphalt paving at the fire station. It had been agreed the problem would be corrected and the money held for a one-year period, said money to be placed in an interest bearing account for that period of time. He advised that the time limitation had expired and that Mr. -4- MINUTES ADJOURNED MEETING OF THE CITY COUNCIL DECEMBER 16, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Byers had calculated the interest due Baldi Bros. to be $2,683.51. Councilman Jackson moved to, by Minute Motion, authorize that Baldi Bros. Construction Co. be paid $2,683.51 as final settlement for construction of the Mesa View Fire Station, said amount to be appropriated and paid from the Unobligated Fund Balance of New Construction Tax Fund. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. XV. ORAL COMMUNICATIONS - B MR. MARTIN GOODWIN, 73-245 Bursera Way, Palm Desert, addressed Council relative to the item dealing with paving in the parkways. Mayor Puluqi advised him that the item had been tabled indefinitely and that he would be allowed to retain the asphalt on his property behind the newly installed curb. MR. GEORGE KLEIN, 73-249 Bursera, Palm Desert, addressed Council inquiring about the height of his driveway approach. Mr. McClellan explained how the differential would be corrected before the project was completed. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR 3RD AMBULANCE FOR COVE COMMUNITIES FIRE. Mr. Bouman reported that the Fire Commission was anxious to at least begin investigating a 3rd ambulance. This is not authorized in the current budget, and the Commission is asking the Council's endorsement of the concept in an approximate amount of $40,000. Councilman Jackson moved that the Palm Desert City council is in support of the purchase of a third paramedic ambulance by the Cove Communities Fire Commission at a cost of approximately $40,000, provided that there will be available funds therefor in the Commission's 1982-83 presently authorized budget. Councilman Kelly seconded the motion. Motion carried unanimously. 2. RESOLUTION NO. 82-163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION 80-155, AND THUS AUTHORIZING AND AGREEING TO FURNISH GROUP HEALTH INSURANCE COVERAGE WITH BLUE SHIELD OF CALIFORNIA AND BLUE CROSS OF SOUTHERN CALIFORNIA, GROUP VISION INSURANCE COVERAGE WITH VISION INSURANCE PLAN, AND GROUP DENTAL AND LIFE INSURANCE COVERAGE WITH GREAT -WEST LIFE ASSURANCE COMPANY. Mr. Bouman explained that Blue Cross had notified the City they did not wish to carry us anymore and that Blue Shield had been contacted to pick up the contract. He reviewed the new costs noting that it would cost the City $11,876.50 less than the previous contract with Blue Cross. Upon motion by Kelly, second by Jackson, Resolution No. 82-163 was adopted by unanimous vote of the Council 3. LOT ABATEMENT CHARGE TO MR. PAUL PAYNE. Mr. Bouman advised that Mr. Payne had been in to see him relative to a $1.720 lot cleaning charge assessed to his property taxes. He explained that Mr. Payne had never received notification of the work being done or the lien due to the fact that the County takes 3-4 months to change property records, and he has just purchased the property. Mr. Bouman recommended that in light of the extenuating circumstances, Mr. Payne be relieved of at least the administrative charges which amounted to $344. -5- MINUTES ADJOURNED MEETING OF THE CITY COUNCIL DECEMBER 16, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Jackson moved to refund Mr. Paul Payne, 208 Michelle Road, Palm Springs, an amount of $344 which represents the administrative fees charged for the cleaning of his property located at the northwest corner of Parkview and Monterey. Councilman Kelly seconded the motion. Motion carried unanimously. 4. CLOSED SESSION Mr. Bouman requested a Closed Session after adjournment for the purpose of discussing both a personnel matter and potential litigation. B. CITY ATTORNEY CLAIM AGAINST THE CITY BY 5. PHILLIP ACCETTURO, 2422 Kehoe Avenue, San Mateo, California. Mr. Phillips reported that the City had received this claim and recommended denial for the following reasons: 1. The date of the personal injuries as set forth on the claim as having taken place on December 16, 1978, is well beyond the limitations period; and 2. the alleged personal injuries took place in San Mateo County or the City of San Mateo and not within the jurisdiction of the City of Palm Desert, California. Mr. Phillips noted the claim was in the amount of $16,000,000 and that Gerald Ford was listed as a co -claimant. Councilman Wilson moved to deny the Claim on the grounds set forth by the Deputy City Attorney. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Puluqi asked that everyone note the Future Meetings listed on the Agenda. XVII. ADJOURNMENT Councilman Wilson moved to adjourn to Joint Public Hearing with Redevelopment Agency to follow Call to Order and Consent Calendar of the Agency Agenda. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Council. Mayor Puluqi adjourned to the Joint Public Hearing at 8:15 p.m. * * * * * * * * * * * * * * * * * Upon motion by Kelly, second by Jackson, and unanimous vote of the Agency, Chairman Puluqi adjourned to a Joint Public Hearing with the City Council at 8:16 p.m. IV. PUBLIC HEARINGS A. JOINT PUBLIC HEARING OF THE CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY TO RECEIVE TESTIMONY ON THE PROPOSED AMENDMENT TO THE PALM DESERT REDEVELOPMENT PLAN, AS AMENDED, TO DETACH THAT PORTION OF THE PLAN WHICH CONTAINS A PORTION OF THE CITY OF IND.IAN WELLS. Mayor Puluqi stated this was a continued Joint Public Hearing and declared the hearing open. -6- MINUTES ADJOURNED MEETING OF THE CITY COUNCIL DECEMBER 16, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Chairman Puluqi declared the continued Public Hearing open. Mr. Ortega reviewed the staff report and recommended: that the Agency adopt Resolution No. 164, authorizing transmittal of the Proposed Amendment to the Redevelopment Plan for the Palm Desert Redevelopment Project to the City Council and _Planning Commission and that the Redevelopment Agency adopt Resolution No. 165 authorizing transmittal of the report accompanying the Amendment to the Plan for the Project to the City Council. Further, he recommended a continuance of the Joint Public Hearing to January 13, 1983. Mayor Puluqi asked the City Clerk to read any written communications received in favor of the proposed Amendment to the Redevelopment Plan. Mrs. Gilligan responded there were none. Mayor Puluqi invited input from persons wishing to speak in favor of the Amendment. No one spoke. Mayor Puluqi asked the City Clerk to read any written communications received in opposition to the proposed Amendment. Mrs. Gilligan advised there were none. Mayor Puluqi invited input from persons wishing to speak in opposition to the Amendment. No one spoke. Councilman Wilson asked for the record an explanation as to why it was being recommended that the hearing be continued to January 13, 1983, rather than introducing the ordinance at this meeting. Mr. Strausz responded that the Notice of Joint Public Hearing had stated that the Amendment was available for public inspection. In addition, in accordance with the provisions of the Health & Safety Code, a Notice of Availability must be published also. This had not been done, and thus he could not recommend taking action with such time as the notice had been published and an opportunity for review of the documents given. In response to question from Councilman Wilson, Mr. David Schey, Planning Director of Indian Wells, responded that they were in concurrence with the recommended continuance. Upon motion by Wilson, second by Snyder, and unanimous vote of both the Council and the Agency Board, the Joint Public Hearing was continued to the meeting of January 13, 1983. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Mayor Puluqi adjourned the City Council meeting to Closed Session at 8:30 p.m. for the purpose of discussing a personnel matter and pending litigation. * * * * * * * * * * * * * * * * * * Councilman Kelly moved to adjourn to Closed Session for discussion of a personnel matter and a matter of pending litigation. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. Mayor Puluqi adjourned the meeting to Closed Session at 8:34 p.m. -7- MINUTES ADJOURNED MEETING OF THE CITY COUNCIL DECEMBER 16, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Puluqi reconvened the meeting at 10:10 p.m. and immediately adjourned with no action taken. ATTEST: SHEILA R. GI ' AN, CITY C K CITY OF PALM DESERT, CA RNIA MEO S. PULUQI, MAYOR -8- MINUTES ADIOURNED MEETING F THE CITY COUNCIL DECEMBER 16, 1982 * * * * * * * * * z * * * * * * * * * * * * * * * * * * * * * * • EXHIBIT "A" We,the undersigned,feel the surrey in the Presidential Park- ing,area adds charm to the entire El Paseo shopping experience, and helps to designate the parking area for the whole street Name Business !' 1 G v- G `1 vti S ✓� /jai/ `74‘264-A: i4.krr m 3. M N .t. : /u,40..„ ›t„,"e.4,„247- ip..,71402.4,7L 73 STd Address -7- kk1 Gel 'GI( 7 3 - Yi G Wei . 674 Pcz.l.e6 —t ' cto -7.. —fSrd F./ dCL-t7 73 9 co '-P Jc , Eleis 73 9 yi /Aida , / / / P/4 , AL:TLA--ilLL.-Li-7137/-,,, ,L:( 73-2=7, F._;/4L 739e50 j ,,,z„ 7-46 , -- 7 3- sea.. eedpc,.- des ?3-990 —mil %e—cP.D. S / uiL� � e i399a ��s� e LO. 40,clow\cts 73 co �e()07,(#1.,,gpeArL zw..365- ex6- -9- MINUTES ADJOURNED MEETING OF THE CITY COUNCIL DECEMBER 16, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Name EXHIBIT "A" Husiness Address SECOND HAND RCS: COLLECTA3LFS 73985 1'2 H!GHwAY 111 PALM Dr;;;CRT, CA 92260 (714) 346-2227 .411rnoo WA, .`i3 91.E ivitz ()Mag' flnM ^^1 Cl-Zs Cro`F 5/1744.2y 11/ '-8vbe Q /14 r,doC. - azu,rf._ su {e,� e�ws ar�d jai / . 5'6 8' 0557 714.6.J el/L-0 — 44.4‘84i- 41.t. Ja.d ect• e.&4 r r �a /e • Q,47 cro CAC. 73473 /44� ,.riy /// �� 73-87/ /(re// / / W" - 73— Fes/ r► 3rG-0077 It i N 3"-/46.' 1