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HomeMy WebLinkAbout1982-09-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 23, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:07 PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder INVOCATION Mayor Wilson asked for a moment of silent prayer in memory of the late Chuck Aston, one of the City's first Councilmen. IV. ROLL CALL Present: Absent: Mayor Pro-Tem Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Councilman James E. McPherson Martin J. Bouman, City Manager David J. Erwin, City Attorney Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance Sheila Gilligan, City Clerk V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERTt CALIFORNIA, COMMENDING DAVID F. DIXON, DEPARTING CITY MANAGER OF THE CITY OF RANCHO MIRAGE. Mayor Wilson read the resolution and further noted that Dave Dixon had been a very dear friend to our city. Mr. Dixon received the resolution and thanked the City Council stating he had never worked with more dedicated or nicer elected officials than in the Coachella Valley. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT! CALIFORNIA, COMMENDING STEPHEN A. BIRBECK AND THE CITY OF RANCHO MIRAGE. Mayor Wilson read the resolution. Vice Mayor Bob Craig of Rancho Mirage accepted the document stating he would be sure Mr. Birbeck received it. C. PROCLAMATION DECLARING THE MONTH OF OCTOBER, 1982, AS "ESCROW MONTH". Mayor Wilson read the proclamation which was accepted by Mr. Andy Petlansky of Chicago Title. MINUTES REGULAR CITY COUNCIL MEE'IFLTEMBER 23, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. PROCLAMATION DECLARING THE WEEK OF OCTOBER 3RD THROUGH 9TH, 1982, AS "FIRE PREVENTION WEEK". Mayor Wilson read the proclamation and also praised the work of the firemen, professional and volunteer, in the City. Chief Bruce Cowie accepted the document on behalf of the Fire Department. E. APPOINTMENT OF PLANNING COMMISSIONER Mayor Wilson stated that while this item did not appear on the Agenda, it had been discussed at great length in Study Session. The Council was ready to make an appointment. Councilman Puluqi nominated Mr. Bob Downs. No further nominations were made, and Mr. Downs was appointed on a 4-0-1 vote of the Council with Councilman McPherson ABSENT. Mayor Wilson noted for the record that this appointment had been a difficult one to make inasmuch as Mr. Charles Miller had made an outstanding contribution to the Commission during his term. However, it was the philosophy of the Council to bring in new ideas and representation of as many areas of the city as possible, and it was felt that the appointment of Mr. Downs would accomplish this. VI. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of September 7, 1982. Rec: Approve as presented. B. MINUTES of the Regular City Council Meeting of September 9, 1982. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-025 and 83-031. Rec: Approve as presented. D. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF AUGUST, 1982. Rec: Receive and file. E. REQUEST FOR PRO -RATED REFUND OF PRIOR FISCAL YEAR BUSINESS LICENSE, MRS. LOUISE MURPHY, APPLICANT. Rec: Approve the request and authorize the refund in the amount of $27.34. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE FOR TULLIO'S PLACE, 73-833 Highway 111, Palm Desert. Rec: Receive and file. G. REQUEST FOR WAIVER OF DESIGN REVIEW BOARD FEE, LIVING DESERT RESERVE, APPLICANT. Rec: By Minute Motion, reaffirm the informal Council action of September 9, 1982, and grant the requested waiver of fees by the Living Desert Reserve. H. APPLICATION FOR BINGO LICENSE BY PALM DESERT COMMUNITY PARKS FOUNDATION, INC. (YOUTH CENTER). Rec: Approve the request and authorize the Code Enforcement Supervisor to issue a Bingo Permit. -2- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 23, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR FINAL APPROVAL OF TRACT 15633, SUNRISE COMPANY, APPLICANT. Rec: Waive further reading and adopt Resolution No. 82-126, approving the Final Tract Map and and Standard Subdivision Agreement relating thereto. Upon motion by Snyder, second by Newbrander, the Consent Calendar was approved as presented by unanimous vote of the Councilmen present. VIII. ORAL COMMUNICATIONS - A N one PUBLIC HEARINGS A. REQUEST FOR VACATION AT THE NORTHWEST CORNER OF PALM DESERT DRIVE AND SAN CARLOS AVENUE. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. McClellan stated that this request was initially before Council on April 26, 1982, but was denied due to a lack of interest by the original applicants. However, a new property owner has now requested the same action, and Staff recommended approval based on the fact that the City will not need the right-of-way in the future. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Upon motion by Newbrander, second by Puluqi, Resolution No. 82-127 was adopted by uanimous vote of the Councilmen present. IX. RESOLUTIONS A. RESOLUTION NO. 82-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF SETTING SUN TRAIL EAST OF BLACK RABBIT ROAD 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. McClellan explained that this resolution would set a public hearing date to consider the vacation of this property which is no longer needed for street purposes. The applicants would like the property returned so that they may make improvements to their property. Upon motion by Snyder, second by Puluqi, Resolution No. 82-128 was adopted by unaimous vote of the Councilmen present. B. RESOLUTION NO. 82-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 79-47, AND STIPULATING NEW PROCEDURES TO GOVERN DISBURSEMENTS FROM THE PALM DESERT VOLUNTEER FIRE DEPARTMENT RECRUITMENT PREMIUM FUND. Mr. Bouman explained that this resolution resulted from a presentation and request made by the Volunteer Fire Department at a Study Session a few weeks prior. Through the experience of the incentive program over the last two years, it had been learned that there was a better method of distributing the money which would be more attractive and would provide better recruitment. He noted that it would not increase the payments made. Upon motion by Newbrander, second by Puluqi, Resolution No. 82-129 was adopted by uanimous vote of the Councilmen present. -3- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 23, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. RESOLUTION NO. 82-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AWARDING AN INTERIM FRANCHISE TO THE SUNRISE CORPORATION FOR INSTALLTION, OPERATION, AND MAINTENANCE OF A CABLE TELEVISION SECURITY SYSTEM. Mr. Bouman noted this item had been discussed at great length in Study Session. He pointed out that it should be Ordinance No. 319 rather than a resolution. He reviewed the provisions of the proposed ordinance including that it would become effective November 1, 1982, and that it provided for a 2% of gross revenue fee to the City. Councilman Snyder expressed concern that the Council was proceeding properly by issuing a temporary franchise. Mayor Wilson stated that we had been working on this for over a year with consultants and attorneys, and he felt comfortable with this interim agreement. Upon motion by Puluqi, second by Newbrander, Ordinance No. 319 was passed to second reading by a 3-1-1 vote with Councilman McPherson ABSENT and Councilman Snyder ABSTAINING. D. RESOLUTION NO. 82-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ENDORSING AND SUPPORTING THE CONCEPT OF A SEPARATE SCHOOL DISTRICT FOR THE PALM DESERT - INDIAN WELLS AREA. Mr. Bouman stated that at the last Council meeting, a presentation had been made by Mr. Charles Tripp on behalf of the committee working to establish a new school district. As a result, staff had been directed to prepare a resolution in support of this idea, and this resolution accomplished that directive. Mayor Wilson commended the citizens working on this very difficult effort. He stated he was extremely impressed with the positive spirit and attitude with which they were approaching the task, and he wished all the people at the Desert Sands School District would put as much effort into education as these people are. Councilman Newbrander concurred and further commended the committee for the well -run meeting they had held at the Middle School. Mrs. Edie Levy spoke on behalf of the committee and thanked the Council for their much needed support. Upon motion by Puluqi, second by Newbrander, Resolution No. 82-131 was adopted by unanimous vote of the Councilmen present. E. RESOLUTION NO. 82-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING GISBORNE, NEW ZEALAND, AS A SISTER CITY OF PALM DESERT, CALIFORNIA. Mayor Wilson read the resolution and thanked Mr. George Marzicola for all of his efforts in establishing Gisborne as our Sister City. Mr. Marzicola addressed the Council and said he had spoken with Mayor White in Gisborne recently and passed on his sincere appreciation for our city's efforts. Upon motion by Newbrander, second by Snyder, Resolution No. 82-132 was adopted by uanimous vote of the Councilmen present. -4- MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 23, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. ORDINANCES For Introduction: A. ORDINANCE NO. 316 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING AMBULANCE SERVICES AND REPEALING ORDINANCE NO. 290. Mr. Erwin explained that after meeting with the attorneys of the other Cove Community cities as well as with the Fire Commission, it had been decided that the individual cities should drop the rate regulation provision from their ordinances. The proposed ordinance would accomplish that. Upon motion by Newbrander, second by Puluqi, Ordinance No. 316 was passed to second reading by unanimous vote of the Councilmen present. For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS N one XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS REQUEST FOR AWARD OF BID FOR CONTRACT 11044, SAN PABLO AVENUE STREET WIDENING. Mr. McClellan reported that this project would widen San Pablo from San Gorgonio Way to Fred Waring Drive and included new pavement, curbs, gutters, and cross gutters. He stated that Larry Jacinto Construction had submitted the low bid of $130,071.82, and staff recommended award of bid to them. Councilman Newbrander moved to award Contract 111044 to Larry Jacinto Construction and authorize the Mayor to execute same. Councilman Puluqi seconded the motion; carried unanimously by vote of the Councilmen present. XV. XVI. ORAL COMMUNICATIONS - B None REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman stated that there was a need for a Special Meeting of the Redevelopment Agency, and one had been scheduled for 5:30 p.m. on Thursday, September 30, 1982, with Study Session immediately preceeding it at 4:30 p.m. B. CITY ATTORNEY CLAIM AGAINST THE CITY BY MERCEDEZ BENZ FOR DAMAGES ARISING FROM AN ACCIDENT OCCURING ON AUGUST 1, 1980. Mr. Erwin stated that the claim was to indemnify the claimant for damages they may incur f4a the accident at Highway 111 and El Paseo. 1 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 23, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He recommended the Council note receipt of this claim and take no action. Upon motion by Puluqi, second by Newbrander, receipt of the claim was noted by uanimous vote of the Councilmen present. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the future meetings listed on the Agenda and stated that Council would return to Study Session immediately following adjournment. XVU. ADJOURNMENT Upon motion by Newbrander, second by Puluqi, and unanimous vote of the Councilmen present, Mayor Wilson adjourned the meeting at 7:55 p.m. TTEST: 2 SHEILA R. GILL CITY OF PAL , CITY CL ESERT, CAL'IF.RNIA -6- OY WIYSON; MAYOR