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HomeMy WebLinkAbout1982-10-28MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 28, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the meeting to order at 7:07 p.m. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson IV. V. VI. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander ROLL CALL irresent: 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 David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Paul E. Byers, Director of Finance Ramon A. Diaz, Director of Environmental Services AWARDS, PRESENTATIONS, AND APPOINTMENTS None CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 14, 1982. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-041 and 83-042. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF SEPTEMBER, 1982. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Safeway Stores Incorporated, 72-815 Highway 111, Palm Desert, California. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By John Baker and Robert T. Landgrebe for the Hot Dog Boutique, 73-260 El Paseo, Palm Desert, California. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REQUEST FOR PRORATED REFUND OF BUSINESS LICENSE By Mrs. Patricia Scavo, "Outer Images", 73-760 El Paseo, Palm Desert, California. Rec: Approve the request and authorize the refund in the amount of $28.12. G. RESOLUTION NO. 82-139 - 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 & SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. H. REQUEST FOR EASEMENT ALONG SOUTHERLY BOUNDARY OF THE EL. PASEO FIRE STATION. Rec: Approve the request and grant the easement to Southern California Edison Company. I. REQUEST FOR APPROVAL OF A PROPERTY EXCHANGE Between the City of Palm Desert and Philip E. and Josephine Kirkpatrick for Land Needed for the San Pablo Avenue Widening Project. Rec: Approve the request and authorize the City Clerk to record said deed upon receipt of Kirkpatrick deed. Upon motion by Newbrander, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. SHERMAN CURTIS, Fred Waring Drive, Palm Desert, addressed Council asking that they enact an ordinance whereby the Sheriff's Department could better enforce violations in handicapped parking spaces by having the cars towed away. He noted that many of the violators are from out of the State and they do not pay their tickets. Council directed staff to investigate this possibility and make a report and recommendation to Council. VIII. PUBLIC HEARINGS A. REQUEST FOR VACATION OF SETTING SUN TRAIL EAST OF BLACK RABBIT ROAD. Mayor Wilson declared the Public Hearing open and asked for staff's report. Mr. McClellan reviewed the report, justification for the granting of the vacation and staff's recommendation for approval of the request. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing closed. Upon motion by McPherson, second by Newbrander, Resolution No. 82-140 was adopted by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 82-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CITY'S SB-325 CLAIM (LOCAL TRANSPORTATION FUND) FOR THE 1982-83 FISCAL YEAR. Mr. Bouman reviewed the resolution, noting that the City has allocated a total of $131,183 for the provision of public transportation through " Sunline. The resolution would approve a claim in the amount of $40,966 -2- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * for streets and roads purposes and authorize the City Manager to make the claim. Upon motion by Newbrander, second by Puluqi, Resolution No. 82-141 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 82-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING PROPOSITION 13, THE WATER RESOURCES INITIATIVE. Mr. Bouman stated that the Council had received a request to take formal action urging its voters to oppose Proposition 13 in that it would not solve our water problems. Upon motion by Newbrander, second by McPherson, Resolution No. 82-142 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 82-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1982-83 BUDGET TO TRANSFER THE EFFECT OF SALARY ADJUSTMENTS GRANTED TO THE VARIOUS ACCOUNTS INVOLVED. Mr. Bouman reported that this resolution would transfer the necessary monies to individual departmental budgets to cover the cost -of -living adjustments made to employee salaries. Upon motion by Snyder, second by McPherson, Resolution No. 82-143 was adopted by a 4-1 vote of the Council with Councilman Puluqi voting NO. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 320 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, SECTION 25.34.080, CONCERNING MINIMUM SETBACKS IN THE S.I. (SERVICE INDUSTRIAL) ZONE. CASE NO. ZOA 09-82 Mr. Bouman reported no additional input had been received since first reading of the ordinance. Upon motion by McPherson, second by Newbrander, Ordinance No. 320 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 321 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 5.84 (HANDBILLS) AND CHAPTER 5.88 (SOLICITING, HAWKING, AND PEDDLING) AND PROVIDING FOR A NEW ORDINANCE REGARDING DISTRIBUTION OF LITERATURE, PEDDLING, AND SOLICITATION. Mr. Bouman reported no additional input had been received since first reading of the ordinance. Upon motion by Newbrander, second by McPherson, Ordinance No. 321 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None -3- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. NEW BUSINESS A. CONSIDERATION OF A REQUEST BY PACIFIC COAST BUILDERS TO PAY DRAINAGE FEES AS EACH PHASE RECORDS (TRACT 15000). Mr. McClellan reviewed the staff report and justification for approval of the request. Councilman Snyder stated he felt more consideration should be given to this in that it was setting what he felt was a dangerous precedent. Mayor Wilson asked if the drainage fees increased between now and the time they actually developed, would the developer's fees increase accordingly. Mr. McClellan responded that since a specific amount was designated in their resolution of approval, the fees would not increase. Councilman Snyder asked that Mr. Erwin review the request and outline alternatives available to Council. Upon motion by Snyder, second by Newbrander, the item was continued to the Adjourned Meeting of November 18, 1982, by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF AN AGREEMENT WITH LEIGHTON do ASSOCIATES FOR SPECIAL INSPECTION WORK AT THE CIVIC CENTER. Mr. Bouman stated that this was a specialized type of inspection required at the civic center construction site and that it was not included in the architectual or construction contract. He noted the contract could not exceed the specified amount. Councilman McPherson moved and Councilman Newbrarrier seconded to approve the Agreement not to exceed $10,444 and authorize the Mayor to execute. Motion carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 82-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, LIMITING NO PARKING AREAS IN PORTIONS OF SAID CITY PURSUANT TO SECTION 10.48.040(G) OF THE CODE OF THE CITY OF PALM DESERT. Mr. Bouman reported that this resolution had come at the request of the Council to resolve a problem of trash collection in Presidents' Plaza. He reviewed the provisions of the resolution. Upon motion by Puluqi, second by Newbrander, Resolution No. 82-144 was adopted by unanimous vote of the Council. 2. REQUEST FOR AUTHORIZATION FOR ACQUISITION OF PROPERTY REQUIRED FOR THE WIDENING OF PORTOLA AVENUE SOUTH OF HIGHWAY 111. Mr. Bouman stated that agreement had been reached with the -4- MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 28, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * owners of the subject property and staff required authorization to purchase said property and for the Mayor to sign said agreement. Upon motion by Newbrander, second by Puluqi, authorization was given for the acquisition of the McDonald property needed for the widening of Portola Avenue south of Highway 111 with the Mayor to execute said agreement by unanimous vote of the Council. 3. RE9UEST FOR AUTHORIZATION FOR TEMPORARY MASSEY SAND do ROCK COMPANY BATCH PLANT ON PAINTER'S PATH TO COMMENCE DAILY OPERATIONS AT 6:00 A.M. Mr. Bouman noted this had been reviewed in Study Session. He stated the request was made for the earlier starting time because the cement trucks were ready to roll at 7:00 a.m. Councilman McPherson stated that the City should do everything possible to expedite the construction of the Palm Valley Channel. Councilman McPherson moved to allow Massey Sand & Rock Company to begin daily operations at 6:00 a.m. for the duration of the construction of the Palm Valley Channel. Councilman Newbrander seconded the motion. Motion carried on a 4-1 vote with Councilman Snyder voting NO and stating he felt it was against the laws of our City. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note that the schedule of Council meetings had been changed and that the Council would next meet at 7:00 p.m. on Thursday, November 4, 1982. In addition, the Mayor noted the Council had a request for a Closed Personnel Session which would be held immediately following adjournment of the Redevelopment Agency Meeting and completion of the Study Session Agenda. XVII. ADJOURNMENT Councilman Snyder moved to adjourn the meeting to Closed Session to immediately follow the Redevelopment Agency Meeting and the remainder of the Study Session Agenda. Councilman Newbrander seconded the motion. Motion carried by unanimous vote. Mayor Wilson adjourned the meeting at 7:45 p.m. to Closed Session. Mayor Wilson reconvened the meeting at 10:00 p.m. and adjourned with action to be announced at the Council Meeting of November 4, 1982. ATTEST: HEILA R. GILLIN, CITY CITY OF PALM -DESERT, C ••1 ORNIA -5-