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HomeMy WebLinkAbout1982-03-11• MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 11, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tem Alexis D. Newbrander Councilman Walter H. Snyder Mayor S. Roy Wilson Councilman lames E. McPherson Councilman Romeo S. Puluqi V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RESOLUTION IN APPRECIATION OF WAYNE M. McCLELLAN, Former Member of the Design Review Board. Mayor Wilson read the resolution. He noted that Mr. McClellan was very instrumental in helping this city in many capacities, most recently as a dedicated member of the Building 'Board of Appeals. Mr. Tom Scott received the resolution on behalf of the McClellan family. B. PROCLAMATION Declaring the Month of March, 1982, as GIRL SCOUT MONTH. Mayor Wilson read the Proclamation and presented it to a troop of Brownies and Girl Scouts. Mrs. Gloria Kelly thanked the City Council for the continuing support. C. APPOINTMENT OF MR. TOM SCOTT to the Building Board of Appeals & Condemnation to Fill the Unexpired Term of Mr. Wayne McClellan. Mayor Wilson moved to appoint Mr. Tom Scott to fill the unexpired term of Mr. Wayne McClellan on the Building Board of Appeals & Condemnation. Councilman Snyder seconded the motion; carried unanimously by the members present. Mayor Wilson thanked Mr. Scott for his willingness to serve his community in this capacity. D. APPRECIATION TO CITIZENS WHO HELPED DURING VINTAGE LAWSUIT. Mayor Wilson publicly thanked all the the people who came forth to support the City during the past weeks to resolve a very critical matter, that of the Vintage lawsuit and the City's proposed flood control project. He said the Council was very gratified to see so many outstanding people come forward, spending hours and hours making phone calls, writing letters, and contacting individuals personally. The organized effort had been very instrumental in helping the Council bring about a resolution to the critical situation. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of February 25, 1982. Rec: Approve as presented. • MINUTES REGULAR CITY COUNCIL MEETING MARCH 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. MINUTES of the Adjourned Meeting of the City Council of February 26, 1982. Rec: Approve as presented. C. MINUTES of the Adjourned Meeting of the City Council of March 4, 1982. Rec: Approve as presented. D. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-083 and 82-084. Rec: Approve as presented. E. NOTICE OF ACTION TAKEN BY THE RIVERSIDE COUNTY BOARD OF SUPERVISORS In Approving the City of Palm Desert's Request to Consolidate the Municipal Election with the November State-wide General Election. Rec: Receive and file. F. LETTER OF RESIGNATION from Mr. James L. Hill, Former Director of Building do Safety. Rec: Receive and file. G. REQUEST FOR APPROVAL OF AGREEMENT WITH THE CITY OF INDIAN WELLS for the Construction of Flood Control Facilities. Rec: Approve the Agreement and authorize the Mayor and City Clerk to sign. H. REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO. 1034, SAN PASCUAL CHANNEL. Rec: Accept the work as complete and authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder. REQUEST FOR RELEASE OF MAINTENANCE BOND FOR TRACT 11791, McBail Company, Applicant. Rec: Accept the work as complete and authorize the City Clerk to release the Maintenance Bond for Tract No. 11791. J. REQUEST FOR APPROVAL OF TWO-YEAR CONTRACT EXTENSION FOR STREET SWEEPING SERVICES IN PRESIDENTS PLAZA, Palm Desert Magnisweep, Contractor. Rec: Approve the extension and authorize the Mayor and City Clerk to sign said contract with Palm Desert Magnisweep. Upon motion by Newbrander, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the members present. VII.• ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST BY SAN JUAN LEASING COMPANY TO PROTEST AN ORDER BY THE CITY TO REMOVE A COMMERCIAL TRAILER AS AUTHORIZED BY CHAPTER 10.24 OF THE PALM DESERT MUNICIPAL CODE. -2- MINUTES REGULAR CITY COUNC..—MEETING _. MARCH 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson declared the Public Hearing Open and asked for Staffs report. Mr. Frank Allen reviewed the report indicating that the trailer had been on the site since September, 1980, even though no construction had been started nor was anticipated for some time. He pointed out that the structure had been vandalized many times and is a hazard to children who play around it. The City has been forced to go in and board it up as well as spend hours policing the area. Mayor Wilson invited input from the applicant, and none was offered. He invited public input, and none was offered. He declared the Public Hearing Closed. Councilman Newbrander moved to uphold the findings of the Department of Building and Safety and deny the request. Councilman Snyder seconded the motion. Motion carried unanimously with the members present. B. REQUEST FOR FINAL APPROVAL OF ANNEXATION OF CERTAIN CONTIGUOUS TERRITORY DESIGNATED AS ANNEXATION NO. 13. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Bouman reported that this was the final action dealing the Annexation ## 13 which has been approved by LAFCo. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Upon moton by Snyder, second by Newbrander, Resolution No. 82-20 was adopted by unanimous vote of the members present. C. REQUEST FOR CONFIRMATION OF ASSESSMENTS ON PROPERTY OWNERS IN SAID CITY FOR ABATtmt.NT (M W tDS AND OTHER NUISANCES. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Bouman stated that Staff came to Council from time to time with this matter whereby property owners are being assessed the charges for cleaning their property of weeds and other nuisances. The property owner is notified and allowed a specified amount of time to correct the problem. If he does not, the City does and assesses the owner. He noted that Parcels 627-101-036 and 627-143-007-0 had both paid prior to the meeting and should, therefore, be removed from the proposed resolution. Councilman Newbrander moved to waive further reading and adopt Resolution No. 82-21 with the deletion of Parcels 627-101-036 and 627-143-007-0. Councilman Snyder seconded the motion; carried unanimously by vote of the members present. IX. RESOLUTIONS A. RESOLUTION NO. 82-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 80-44, AND ESTABLISHING THE PERIOD OF APPOINTMENT FOR THE MAYOR AND MAYOR PRO-TEMPORE AS A ONE-YEAR TERM. Mr. Bouman reported that this was an action in which Staff was asking that the terms of office of Mayor and Mayor Pro-Tempore conform to the changed election date in November of even -numbered years. It would mean that the two terms would be extended approximately 6 months. Upon motion by Snyder, second by Newbrander, Resolution No. 82-22 was adopted by uanimous vote of the members present. -3- MINUTES REGULAR CITY COUNCIL MEETING MARCH 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. RESOLUTION NO. 82-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A REQUESTED CHANGE OF ZONE. C/Z 01-82. Mr. Diaz stated this resolution sets forth the reasons for denial of a requested zone change which took place at the meeting of February 25, 1982. Upon motion by Snyder, second by Newbrander, Resolution No. 82-23 was adopted by unanimous vote of the members present. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 288 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR LICENSING OF BINGO GAMES WITHIN SAID CITY, SETTING FORTH THE PROCEDURES AND REQUIREMENTS FOR THE LICENSING AND HOLDING OF SUCH BINGO GAMES, AND THE PENALTIES FOR VIOLATION OF THIS ORDINANCE. B. ORDINANCE NO. 289 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING OFF - ROAD USE OF MOTOR VEHICLES. C. ORDINANCE NO. 290 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO AMBULANCE SERVICE. Mr. Bouman reported that there had been no additional input on any of the ordinances in this section since their first reading. Upon motion by Newbrander, second by Snyder, Ordinance Nos. 288, 289, 290 were adopted by unanimous vote of the members present. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ACCEPT FOR MAINTENANCE AS CITY FACILITIES PORTIONS OF A STORM DRAIN SYSTEM IN HIGHWAY 111 FROM PLAZA WAY TO THE PALM VALLEY CHANNEL. Mr. McClellan reviewed the Staff Report indicating that a storm drain is to be constructed along the north side of Highway 111 from the Palm Valley Channel to Plaza Way. It will collect the storm waters from both City streets and the State highway. However, before the State will issue an encroachment permit for the developer to proceed, Caltrans requires that the City agree to maintain the portion of storm drain that collects City waters. Councilman Newbrander moved to authorize the Director of Public Works to execute and submit an encroachment permit application to Caltrans to maintain those facilities for which the City will be responsible. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the members present. XIII. CONTINUED BUSINESS None -4- MINUTES REGULAR CITY COUNCIL MEETING MARCH 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B 1 None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 82-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING AN APPLICATION FOR BUS SERVICE BETWEEN PALM SPRINGS, ONTARIO, AND LOS ANGELES AIRPORTS. Mr. Bouman reported that this city had been requested to pass a resolution in support of this new transportation service to be sent to the Public Utilities Commission who had ultimate authority to approve the new application. It is proposed to operate twice daily between the airports listed. Upon motion by Snyder, second by Newbrander, Resolution No. 82-24 as set forth was adopted by unanimous vote of the members present. 2. ORDINANCE NO. 291 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE SUBDIVISION ORDINANCE. Mr. Bouman reported that this revision had been discussed during Study Session and offered to answer any questions. Upon motion by Snyder, second by Newbrander, Ordinance No. 291 was passed to second reading by unanimous vote of the members present. 3. ADJOURNMENT TO TUESDAY, MARCH 16, 1982, AT 2:15 P.M. Mr. Bouman stated this had been discussed in Study Session at which time Council is also scheduled to hold a joint Study Session with the Planning Commission. B. CITY ATTORNEY Mr. Erwin requested the Council adjourn to Closed Session immediately following the Redevelopment Agency meeting for the purpose of discussing pending litigation. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the Future Meetings listed on the Agenda and as confirmed by the City Clerk. XVII. ADJOURNMENT Councilman Newbrander moved to adjourn the meeting to a Closed Session immediately following the Redevelopment Agency Meeting for the purpose of discussing litigation. Councilman Snyder seconded the motion; carried by unanimous vote of the members present. Mayor Wilson adjourned the meeting to Closed Session at 7:35 p.m. noting that Council would be discussing an agreement that has been proposed regarding a recent litiation against the City and that the Council would be coming out of the Closed Session to make an announcement. Mayor Wilson reconvened a Joint Meeting of the City Council and Redevelopment Agency from Closed Session at 7:47 p.m. He announced that Council had been in Closed Session to discuss an Agreement that the Council and Agency must either ratify or reject. It is an Agreement that has been signed by the City and the Agency and -5- MINUTES REGULAR CITY COUNCIL MEETING MARCH 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the Vintage Properties Associates. He read portions of the Agreement noting that if anyone would like to see it in its entirety, they could do so after the meeting. "The first part addresses itself to the suit and names the legal specifics of the suit and so forth and tells when it was filed and those sort of things. Then it goes on to say 'the parties have negotiated a settlement of the controversies existing between them with respect to the above referenced' which was the lawsuit." "Wherefore, the parties hereto agree as follows: 1) The City of Palm Desert will assume all obligations and costs and hold Vintage harmless as to the Vintage obligation under Provision 3(b) and Exhibit D, Item 3, of the April 27th, 1979, agreement between Indian Wells Associates and the Coachella Valley Water District pertaining to the construction of a culvert or box section under Portola Avenue. A copy of the agreement between Indian Wells Associates and Coachella Valley Water District is hereby attached as Exhibit A." Mayor Wilson stated that this translates out to the fact that the City of Palm Desert will assume the responsibility for building the culvert under Portola where currently a dip in the road exists — a very temporary condition. "The City of Palm Desert agrees to immediately process and approve the application for three real property parcels which are within the Vintage Club development and which are within the boundaries of the City of Palm Desert." He explained these are three small parcels that are part of the Vintage development that happen to be in Palm Desert, and we would process a deannexation so that the entire development would now lie within Indian Wells. "Upon execution of this Agreement by all parties, Vintage will file with the Superior County of the State • of California, County of Riverside, a dismissal with prejudice of the above referenced lawsuit? "In the event of any litigation arising out of this agreement, the prevailing party in such litigation shall be entitled to its reasonable attorney's fees and costs. The effective date of this Agreement shall be March 11, 1982." Councilman Snyder moved to ratify the Agreement. Councilman Newbrander seconded the motion. Motion carried unanimously by vote of the members present. Mayor Wilson announced that on the faith that this Council and Agency would ratify this Agreement, the Notice of Dismissal had been filed that afternoon. The lawsuit had been dropped and this Agreement is in effect. Councilman Newbrander moved to rescind the action of the last Council meeting denying a permit for signs and banners to the Vintage Tournament and approve the request to erect signs and banners. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the members present. Mayor Wilson noted that this was not an item included in the Agreement, just a neighborly gesture by the Council. Councilman Newbrander moved to adjourn the City Council meeting to 2:15 p.m. on Tuesday, March 16, 1982, and adjourn the Redevelopment Agency period. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the members present. Mayor Wilson adjourned the meeting at 7:56 p.m. ATTEST: SHEILA R. GlIdEIGAN, C CLERK CITY OF PALM DESER ' ALIFORNIA iE RO ILSON, MAYO -6-