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HomeMy WebLinkAbout1982-07-15MINUTES ADJOURNED CITY COUNCIL MEETING THURSDAY, JULY 15, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson convened the Adjourned Meeting of the City Council at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson M. 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 Carlos L. Ortega, Assistant City Manager Douglas Phillips, Deputy City Attorney Barry D. McClellan, Director of Public Works Ramon A. Diaz, Director of Environmental Services Paul E. Byers, Director of Finance Sheila R. Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS VI. Mayor Wilson announced the appointment of a group of citizens that will be assigned the task of serving as a business advisory committee working on the idea of City promotion. He noted that an ad hoc committee of three had prepared a list of names representing various areas of interest in the City, and they had submitted this list which Council had added to. He announced the appointment of the following individuals: Mr. Ken Hinkle, The Fort Restaurant Mr. Marty McKell, College of the Desert Business Department Mr. James McLaughlin, El Paseo Advertising Council Ms. Susan Nix, The Living Desert Reserve Mr. Dick Sparks, Palm Desert Board of Realtors Mr. Larry Spicer, Ironwood Country Club Mr. Hank Stokes, Palm Desert Business Alliance Association Ms. Carol Whitlock, Shadow Mountain Resort Club Mr. Ed Berkeley, Palm Desert Glass Company Mayor Wilson advised that Mr. Larry Spicer would serve as Chairman of the committee. In addition, Staff liaison would be Mr. Bouman, City Manager and Council liaison would be Mayor Wilson. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 24, 1982. Rec: Approve as presented. MINUTES ADJOURNED CITY COUNCIL MEETING JULY 15, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. MINUTES of the Regular City Council Meeting of July 8, 1982. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-123 and 82-124. Rec: Approve as presented. D. RESOLUTION NO. 82-2510 OF THE CITY OF SOUTH EL MONTE OPPOSING THE STATE OF CALIFORNIA'S "REVERSE BAILOUT" BUDGET PROPOSALS. Rec: Receive and file. E. RESOLUTION NO. 82-88 - 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. F. REQUEST FOR PRORATED BUSINESS LICENSE REFUND By Betty J. Droysen. Rec: Approve the request and authorize the refund in the amount of $31.25. G. REQUEST FOR FINAL ACCEPTANCE OF WORK FOR CONTRACT NO. 1038, MONTEREY AVENUE TRAFFIC SIGNALS. Rec: Accept the work as complete and authorize the City Clerk to file and record a Notice of Completion on Contract No. 1038. H. REQUEST FOR RELEASE OF LETTER OF CREDIT FOR TRACT NO. 13236, Cliff Swanson, Applicant. Rec: Accept the subdivision as complete and authorize the City Clerk to release the Letter of Credit for Maintenance and for Labor and Materials. Upon motion by Puluqi, second by Newbrander, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A None PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST FOR AN AMENDMENT TO TT 13915 TO DELETE THE REQUIREMENT FOR A MEDIAN ISLAND ON COOK STREET FOR PROPERTY IN AN S.I., S.P. (SERVICE INDUSTRIAL, SCENIC PRESERVATION OVERLAY) LOCATED AT THE SOUTHEAST CORNER OF HOVLEY LANE AND COOK STREET, FRANK GOODMAN do ASSOCIATES, APPLICANT. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report and stated that it was Staff's feeling that the requirement for the median island should be retained inasmuch as Cook Street is a designated scenic highway and will become a major -2- MINUTES ADJOURNED CITY COUNCIL MEETING JULY 15, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * access point to the City when an interchange is constructed at I-10. Therefore, Staff recommended denial of the request. Mr. Diaz noted for the record that a letter had been received from a Mr. Larry J. Hunt asking that the request be denied. Mayor Wilson invited input from the applicant. Mr. Richard Oliphant, 77-900 Avenue of the States, addressed Council opposing the requirement for a median strip for safety maneuvering of large trucks, the narrowness of Cook Street, and the lack of funding for maintenance of the landscaping of the strip. He noted that what had been proposed was half of a median strip which would be the only piece on Cook Street until the Sunrise Company builds to the north. He noted the properties to the south did not have the median strip nor did they have the requirement. He felt that the stip was needed on south Cook Street in a high quality residential zone but that it would be a good transitional ingress to an industrial area to leave the strip out. He concluded by requesting Council's approval of their request. Mayor Wilson invited public input, and none was offered. Mr. Diaz advised that Resolution No. 78-172 read that median islands shall be installed at Cook Street and Hovley Lane. Staff would concur with the applicant that half a median was feasible and as an alternative to the condition, the condition could be modified to read that the applicant could bond or pay a cash deposit for the installation of the median strip at such time as the westerly portion of the road is widened. He advised that medians were not required to the south because it was developed in the County, and they did not make the requirement. Mayor Wilson stated he felt that Cook Street south of Fred Waring Drive with the median was very attractive, and he would like to see it continued northerly. Councilman Puluqi concurred. Councilman Snyder noted that Indian Wells required the median strip and that he agreed it did look attractive and should continue north of Highway 111. Mayor Wilson declared the Public Hearing closed. Councilman McPherson noted he would ABSTAIN from voting on this issue as he owned property in the vicinity and felt it would be a conflict of interest. Mr. Diaz noted that bonding for the tract was already in order and that unless the developer wished to make a cash payment, additional bonding was not necessary. Upon motion by Puluqi, second by Snyder, the request for deletion of the median strip was denied by a 4-0-1 vote with Councilman McPherson ABSTAINING. B. CONSIDERATION OF A REQUEST FOR THE VACATION OF A PORTION OF RIGHT-OF-WAY IN TRACT 13915, FRANK GOODMAN be ASSOCIATES, APPLICANT. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. McClellan reported that the justification for the vacation is that the right-of-way is unnecessary for present or future use as a public street. He reviewed the remainder of the report. Mayor Wilson invited input from the applicant. Mr. Richard Oliphant spoke as the applicant and in support of the vacation. -3- MINUTES ADJOURNED CITY COUNCIL MEETING JULY 15, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson invited input from the public, and none was offered. He declared the Public Hearing closed. Upon motion by Newbrander, second by Puluqi, Resolution No. 82-89 was adopted by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 82-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR UTILIZATION OF FACSIMILE SIGNATURES FOR EXECUTION OF CHECKS AND WARRANTS. Mr. Bouman stated that the resolution was self-explanatory and would permit the use of a facimile signature stamp in emergency cases only. He noted the stamp would be under the control and in the custody of the City Clerk. Upon motion by McPherson, second by Mayor Wilson, Resolution No. 82-90 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 82-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NOS. 77-71, 80-98, AND 81-90, AND ESTABLISHING AMENDED COMPENSATION FOR THE CITY ATTORNEY. Mr. Bouman stated this was a request of the City Attorney to raise his monthly retainer from $1,900 to $2,050. This represented a 7.9% increase in line with the national CPI. There was no proposed increase in the hourly rate. Upon motion by Snyder, second by Puluqi, Resolution No. 82-91 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 82-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE CITIES OF PALM DESERT AND INDIAN WELLS RELATING TO LAFCO CASE NO. 82-19-4. Mr. Bouman stated that, as reported in Study Session, this resolution had been prepared in accordance with requirements of LAFCo in order for the annexation to be valid. A copy had been submitted to the City of Indian Wells and just prior to Study Session, they delivered their response. He requested a continuance to allow Staff time to review the response. Mr. Richard Oliphant spoke as a Councilman of the City of Indian Wells and urging Council's adoption of the resolution. He noted that the property tax involved was minimum and that his Council would not be meeting again until September. Therefore, any change which would require their concurrence could not be approved until then which would hold up the developer. Mr. Charles Calendar spoke on behalf of Vintage Properties, applicant, and urged Council's adoption inasmuch as they would like to proceed with their development. Upon motion by McPherson, second by Newbrander, and unanimous vote of the Council, the item was continued to the meeting of July 22, 1982. X. ORDINANCES For Introduction: -4- MINUTES ADJOURNED CITY COUNCIL MEETING JULY 15, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * A. ORDINANCE NO. 312 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTIONS 2.52.500 THROUGH 2.52.560 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, CONSTITUTING A PORTION OF THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF PALM DESERT, CALIFORNIA, AND AMENDING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF PALM DESERT, CALIFORNIA. Mayor Wilson stated this was a Council initiated ordinance, one he had requested and which had been prepared by the City Attorney. He said he felt it was needed to clarify the City's personnel regulations and that it created specific guidelines for use by an employe who is dismissed. This way employees will have a clear understanding of their rights. Councilman Newbrander stated her opposition to the ordinance by saying it was a completely unnecessary piece of legislation. Councilman McPherson stated his opposition and said that it would take the administrative personnel management away from the City Manager in addition to creating tenure for the employees. He felt it would allow the City to operate as schools do. Councilman Sndyer stated that this ordinance was not intended to reflect on the City Manager's performance, that we had a good City Manager. However, he felt the employees were entitled to clearly defined guidelines for performance as well as for reprimand and dismissal. Councilman Puluqi concurred. Mr. Diaz stated that he did not feel the ordinance should include management personnel inasmuch as if they disagreed with the Manager's philosophy, they had a moral obligation to quit. Upon motion by Puluqi, second by the Mayor, Ordinance No. 312 was passed to second reading by a 3-2 vote with Councilmen McPherson and Newbrander voting NO. For Adoption: A. ORDINANCE NO. 309 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE MUNICIPAL CODE SECTION 25.76. CASE NO. ZOA 04-82. Mr. Bouman reported there had been no additional input since the first reading of the ordinance. Upon motion by Snyder, second by Puluqi, Ordinance No. 309 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 310 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 25.68. CASE NO. ZOA 06-82. Mr. Bouman reported there had been no additional input since first reading of the ordinance. Upon motion by Puluqi, second by Newbrander, Ordinance No. 310 was adopted by unanimous vote of the Council. C. ORDINANCE NO. 311 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO 247, UNIFORM PLUMBING CODE, 1979 EDITION, SECTION 401. Mr. Bouman reported there had been no additional input since first reading of the ordinance. -5- MINUTES ADJOURNED CITY COUNCIL MEETING JULY 15, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by McPherson, second by Snyder, Ordinance No. 311 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ADVERTISE FOR BIDS FOR A REPLACEMENT PICK-UP TRUCK FOR THE PUBLIC WORKS DEPARTMENT. Mr. McClellan reviewed the staff report and justification for the purchase of a new truck. Councilman Newbrander moved to authorize the City Clerk to advertsie and call for bids for a new mid -size pickup truck. Councilman McPherson seconded the motion; carried by unanimous vote. B. REQUEST FOR APPROVAL OF AN ENGINEERING SERVICES CONTRACT FOR HIGHWAY 111 IMPROVEMENTS FROM SAN PABLO AVENUE TO MONTEREY AVENUE. Mr. McClellan reviewed staff's report stating that the same firm that had performed the services for Phase I of the beautification program had been requested to submit a proposal on the second phase. The proposal was in the amount of $17,500. Discussion followed as to the feasibility of asking for a proposal for the entire remaining length of Highway 111 within the City limits. Council agreed that this would be more efficient and cost effective. Upon motion by Snyder, second by Puluqi, and unanimous vote of the Council, the item was continued to the meeting of July 22, 1982, to allow staff time to obtain a bid for the entire remaining 1-1/2 miles in the City limits. C. CONSIDERATION OF A REQUEST BY PALM DESERT DISPOSAL FOR A RATE INCREASE. Mr. Ortega reported that the Disposal Company had submitted a rate increase in a timely manner, said requst to be 16%. The City then has the right to analyze it and making a determination or submitting the information to an independent auditor to verify whether or not an increase is warranted. The City had requested Mr. Rick Byrne to analyze the information, and his recommendation was an increase of 8.4% to be effective July 1, 1982. MR. GARY JACKMAN, Palm Desert Disposal Company, addressed Council and requesting Council's approval of the increase. Upon motion by Newbrander, second by McPherson, Resolution No. 82-93 was adopted by unanimous vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF A REDUCTION IN DRAINAGE FEES FOR ON -SITE RETENTION OF STORMWATER, SUNRISE COMPANY, APPLICANT. (Continued from Meetings of June 10 and 24, 1982.) Upon motion by McPherson, second by Newbrander, and unanimous vote of the Council, this item was continued to the meeting of July 22, 1982. -6- MINUTES ADJOURNED CITY COUNCIL MEETING JULY 15, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. XV. XVI. OLD BUSINESS None ORAL COMMUNICATIONS - B None REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 82-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE CONCEPT OF A TRI-CITIES POLICE STUDY. Mr. Bouman reported that the resolution endorsed the concept of a Tri-City Policy Study to be funded through an equal one-third share by each city and further, that the three City Managers be designated as a staff team to develop the specifications for such a study and to coordinate and cooperate with the Cove Communities Fire Commission in said effort. Upon motion by Puluqi, second by Newbrander, Resolution No. 82-94 was adopted by unanimous vote of the Council. XVII. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the future meetings as listed on the Agenda and as confirmed by the City Clerk. ADJOURNMENT Upon motion by Newbrander, second by Snyder, and unanimous vote of the Council, Mayor Wilson adjourned the meeting to Closed Session, to immediately follow the Redevelopment Agency meeting, at 8:40 p.m. Mayor Wilson reconvened the City Council meeting at 10:20 p.m. and immediately adjourned with no action being taken. ATTEST: ,/r/&____, SHEILA R. GILLIGAN, CITY CLE CITY OF PALM DESERT, CALIFORNIA -7-