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HomeMy WebLinkAbout1983-04-14MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 14, 1983 CITY HALL COUNCIL CHAMBERS 7:00 P. M. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Puluqi convened the meeting at 7:03 p.m. H. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Mayor Pro-Tempore Walter H. Snyder IV. ROLL CALL Present: Excused Absence: Councilman Phyllis Jackson Mayor Pro-Tempore Walter H. Snyder Councilman S. Roy Wilson Mayor Romeo S. Puluqi Also Present: Councilman Richard S. Kelly Carlos L. Ortega, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Paul E. Byers, Director of Finance Barry D. McClellan, Director of Public Works Ramon A. Diaz, Director of Environmental Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of Special Meeting of the City Council of March 17, 1983. Rec: Approve as presented. B. MINUTES of the Regular Meeting of the City Council of March 24, 1983. Rec: Approve as presented. C. MINUTES of the Special Meeting of the City Council of March 30, 1983. Rec: Approve as presented. D. MINUTES of the Special Meeting of the City Council of March 31, 1983. Rec: Approve as presented. E. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-093, 83-094, and 83-096. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING APRIL 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. MINUTES of the Advertising & Promotion Committee Meetings of February 25, 1983, and March 17, 1983, Rec: Receive and file. G. NOTICE OF RECEIPT of Employee Statements of Economic Interest. Rec: Receive and file. H. REQUEST FROM EDWARD F. WARD, JR. for Response to Questions Relative to the Widening of Alessandro Alley. Rec: Refer to Staff for response. I. CLAIM AGAINST THE CITY by Blance B. Tyre for Alledged Personal Injuries in the Amount of $125,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. J. CLAIM AGAINST THE CITY by Lewis Bloom for Alledged Automobile Damage in the Amount of $198.94. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. K. REQUEST FOR WAIVER OF LATE CHARGE for Business License by Melodee Richman in the Amount of $12.50. Rec: Deny the request. L. REQUEST FOR FORMATION OF ASSESSMENT DISTRICT FOR TRACT 17452, Charles & June Gibbs, Applicant. Rec: Refer to Director of Public Works for processing of District. M. REQUEST FOR REFUND OF PRIOR FISCAL YEAR BUSINESS LICENSE FEE By Palm Desert Tailors in the Amount of 550.00. Rec: Approve the request and authorize a $50 refund from Account No. 4866. N. REQUEST FOR APPROVAL OF CHANGE ORDER for Contract No. 1046, Portola Avenue Widening, in the Amount of $6,848.05. Rec: Approve the request. O. REQUEST FOR RELEASE OF FAITHFUL PERFORMANCE BOND AND ACCEPTANCE OF MAINTENANCE BONDS FOR TRACTS 13881-1 AND 13881-2. Rec: Approve the request and instruct the City Clerk to accept a one-year maintenance bond and release Faithful Performance and Labor & Material bonds. P. REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO. 1044, San Pablo Avenue Widening. Rec: By Minute Motion, approve the request and authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. -2- MINUTES REGULAR CITY COUNCIL MEETING APRIL 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. RESOLUTION NO. 82-25 - 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. R. REQUEST FOR RATIFICATION of Sunrise Company Cable Television Rate Schedule. Rec: By Minute Motion, approve the request and ratify the rate schedule as set forth by Sunrise Company. Mayor Puluqi noted that because of discussion in Study Session relative to Item "L", it would be removed from the Consent Calendar, City Attorney Dave Erwin requested removal of Item "R" for discussion under Section XI. Mr. Edward Ward asked that Item "H" be removed for discussion under Section XI. Upon motion by Wilson, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Councilmen present with the exception of Items H, L, and R. VII. ORAL COMMUNICATIONS - A N one VIII. PUBLIC HEARINGS A. CONSIDERATION OF PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY OF ALL OR PART OF THE COSTS OF AN INFORMATION CENTER/CHAMBER OF COMMERCE BUILDING. Mayor Puluqi declared the Public Hearing open and asked for Staff's report. Mr. Ortega reported that the purpose of the hearing was to receive public input on whether or not the Council shouuld approve payment by the Redevelopment Agency of all or part of the cost of the construction of a visitor information/Chamber building. He said the estimated cost was between $184,000 and $200,000. In addition, he advised the City had received an offer to purchase the land, owned by the Redevelopment Agency, at a price of $135,000 cash. Mayor Puluqi invited public input in FAVOR of the project. Mr. Sam Teitler, 2494 Durango Circle, Palm Springs, addressed Council in support of the offer of $135,000 cash for the purchase of the Agency owned land. He noted that Sandy's Restaurant needed the land for additional parking requirements made in order for them to upgrade their building. He stated he was soundly behind chambers of commerce but felt the City should sell the land. MR. LARRY SPICER, President of the Chamber of Commerce, stated that the Chamber had formed a site selection committee which had recommended with subsequent Board approval the relocation of the Chamber offices to the proposed site. He stated the City depended on tourism as its chief industry and the location was ideal. In addition, the City's projected growth would only increase the need for an information center. He pointed out that Redevelopment funds are based primarily on business property taxes; thus the construction of a visitor center/Chamber office would be a reinvestment in the business -3- MINUTES REGULAR CITY COUNCIL MEETING APRIL 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * community. Additionally, since the City would retain ownership, it was an investment in an asset. The Chamber is willing and able to finance its own leasehold improvements with the current staffing and is willing and able to cover reasonable maintenance and utility expenses as a tenant. He noted, however, that he felt the cost was quite high and could be cut down substantially -- perhaps to $75/square foot. He noted that the Chamber had decided to have a contest of Palm Desert architects to design the building. In conclusion, he asked Council's favorable vote stating that the Chamber had committed to Ernest Hahn to a decision at the earliest possible date. Councilman Wilson questioned the 1,800 square foot building saying he thought it would be 1,000 square feet as proposed in the Town Center. Mr. Spicer responded it was a reasonable estimate but subject to scaling down. Councilman Wilson explained that the Council had discussed in Study Session the fact that the Frontage Road Committee would be coming in with recommendations for alterations to the roads, and the City did not presently know if there would be enough money for both. He asked Mr. Spicer if a 2-week continuance would be agreeable to allow the committee to come in with the recommendation and cost estimates. Mr. Spicer responded that they had told Mr. Hahn he would have a decision from their Board by April 1st and additionally the Chamber would have to vacate their present offices by November 1st. Therefore he would like a decision but a delay was preferable to a negative decision. Mayor Puluqi invited input in OPPOSITION to the project noting that Mr. Teitler had spoken first but in opposition. No other testimony was offered except a letter entered for the record by Mr. Ortega from the El Paseo Merchants Association in support of the request (said letter attached hereto and made a part of as Exhibit "A"). Mayor Puluqi declared the Public Hearing closed. Mayor Puluqi stated he felt there would be money enough for both projects and said he would like to move ahead. Considerable discussion followed relative to the recommendations forthcoming from the Frontage Road Committee. Mr. George Berkey advised the Committee might not have figures in two weeks, figures that would be very useful. Mayor Puluqi reopened the Public Hearing. MR. ED WARD, 73-385 Grapevine, Palm Desert, addressed Council relative to a letter he had sent which was on the Consent Calendar. It dealt with the improvement of the Alesandro Alley which was now being discussed with this request as a project to be done in conjunction with the frontage road improvements. He stated he has asked several times for an answer as to what would be done with his property on Alessandro and had yet to receive a reply. Mayor Puluqi responded that until it was decided what changes were to be made to the frontage road system and whether or not Alessandro Way was to be a part of those improvements, , an answer was not available. He advised Mr. Ward that if the Council received input from the Frontage Road Committee and was ready to make a decision on the Committee's recommendation, he might get an answer at the next meeting. Mr. Ward thanked the Council and asked that his item be removed from Section XI discussion as he now had a response. MR. TIM JOHNSON, 43-101 Portola Avenue, Palm Desert, addressed Council stating he felt the expenditure inappropriate use of taxpayers money. Councilman Wilson explained the requirements for the use of -4- MINUTES REGULAR CITY COUNCIL MEETING APRIL 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Redevelopment Agency tax increments and why this was an appropriate use. Mr. Erwin advised that the Council could take action on the proposed resolution that declared the expenditure an appropriate use of Agency monies and then continue the matter as the Redevelopment Agency Board. Mayor Puluqi declared the Public Hearing closed. Upon motion by Snyder, second by Jackson, Resolution No. 83-29 was adopted by unanimous vote of the Councilmen present. B. REQUEST FOR CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO ESTABLISH CHAPTER 25.37 - DEVELOPMENT AGREEMENTS - SETTING FORTH PROCEDURES AND REQUIREMENTS THEREFORE. Mayor Puiuqi declared the Public Hearing open and asked for Sto f's report. Mr. Diaz reviewed the report in detail stating that this type of agreement would be utilized throughout the City for future plans. Mayor Puluqi invited input in FAVOR of the request. MR. RALPH WOOD, Chairman of the Planning Commission, stated that from a layman's point of view, the proposed ordinance would give Council control of development. If in the future Council wished to have it apply to other areas, they could adopt similar ordinances. From the Commission's viewpoint, it was a fair way of dealing with the issue. Mayor Puluqi invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Wilson stated he saw no need for the agreement. It was a case of "those who got get and those who don't, don't get". Five to 49 acres could not but 50 acres plus could. He felt it unfair. He didn't feel it fair to developers to come in with costly planning with the strongest of possiblities for rejection. Councilman Snyder felt the zoning ordinances covered the requirements of development and did not feel this agreement necessary. Developers could just as easily ask for variances under existing codes. Councilman Jackson stated she saw no discrimination problems inasmuch as under this agreement plan, Council could review it and turn it down. Mayor Puluqi stated the development agreement would be a good working tool and that it didn't give anyone anything. Councilman Jackson moved and Mayor Puluqi seconded to pass Ordinance No. 331 to second reading. The following votes were cast: AYES: Jackson and Puluqi NOES: Snyder and Wilson ABSENT: Kelly Dave Erwin advised the motion was defeated inasmuch as an ordinance required 3 affirmative votes to pass. Therefore, the ordinance could not be presented to the Council for consideration until one year had lapsed. -5- MINUTES REGULAR CITY COUNCIL MEETING APRIL 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. RESOLUTIONS A. RESOLUTION NO. 83-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 82-113, ESTABLISHING TABLE OF CLASSIFIED POSITIONS AND SALARY RANGE ASSIGNMENTS FOR CITY EMPLOYEES BY ADDING ONE NEW CLASS TITLE. Mr. Ortega explained that this resolution was necessary to add the position of Administrative Assistant recently added to the Public Works staff. He noted the employee would commence work early in May. Upon motion by Wilson, second by Snyder, Resolution No. 83-26 was adopted by unanimous vote of the Councilmen present. B. RESOLUTION NO. 83-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DECLARING ITS INTENT TO FORM A LANDSCAPING & LIGHTING DISTRICT PURSUANT TO THE LANDSCAPING do LIGHTING ACT OF 1972 KNOWN AS LANDSCAPING AND LIGHTING DISTRICT NO. 4 (TRACT 8237). Mr. McClellan stated that at the Council meeting of March 10, 1983, a resolution had been adopted which proposed the formation of Assessment District No. 4. This resolution would declare the Council's intent and set a public hearing for May 12, 1983, to receive public input. Upon motion by Snyder, second by Jackson, Resolution No. 83-27 was adopted by unanimous vote of the Councilmen present. C. RESOLUTION NO. 83-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A VARIANCE TO TITLE 28 (ORDINANCE NO. 221) AS PROVIDED FOR IN CHAPTER 12 OF SAID TITLE (ORDINANCE NO. 230). Mr. Ortega reported this request met the requirements for a variance. Staff recommended approval. Upon motion by Snyder, second by Wilson, Resolution No. 83-28 was adopted by unanimous vote of the Councilmen present. X. ORDINANCES For Introduction: N one For Adoption: None XI. CONSENT ITEMS HELD OVER H. REQUEST FROM EDWARD F. WARD, JR. for Response to Questions Relative to the Widening of Alessandro Alley. Mayor Puluqi noted that Mr. Ward had received a response during the Public Hearing relative to the Information/Chamber building. L. REQUEST FOR FORMATION OF ASSESSMENT DISTRICT FOR TRACT, 17452, Charles & June Gibbs, Applicant. Mayor Puluqi noted this had been pulled from the Agenda. -6- MINUTES REGULAR CITY COUNCIL MEETING APRIL 14, 19Z3 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REQUEST FOR RATIFICATION of Sunrise Company Cable Television Rate Schedule. Mr. Erwin noted two changes to the rate schedule presented -- the deletion of the $6.00 non -remote charge basic cable plus satellite charge and the $3.00 non -remote for converter rental charge. Councilman Wilson moved to, by Minute Motion, approve the request and ratify the rate schedule as set forth and as amended by Sunrise Company. Councilman Snyder seconded the motion. Motion carrried by unanimous vote of the Council. XII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ADVERTISE FOR BIDS TO DEMOLISH A DANGEROUS STRUCTURE. Mayor Wilson asked if all efforts had been made to contact the owner to work out the problem, and Mr. Ortega responded they had. Mayor Puluqi moved to approve the request and authorize the City Clerk to advertise for bids for the demolition of the structure located at 74-611 Yucca Tree Drive, Palm Desert. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Councilmen present. B. REQUEST FOR APPROVAL OF AGREEMENT TO PERFORM REFUSE COLLECTION SERVICES IN PRESIDENTS' PLAZA. Councilman Wilson moved to approve the request and authorize the Mayor and City Clerk to execute the Agreement between the City of Palm Desert and Palm Desert Disposal Company. Mayor Puluqi seconded the motion. Motion carried by unanimous vote of the Councilmen present. C. REQUEST FOR APPROVAL OF AMENDMENT TO THE COVE COMMUNITIES FIRE COMMISSION JOINT POWERS AGREEMENT. Mr. Ortega stated the proposed budget had been approved with the specific provision that each city's share be based on assessed valuation. This amendment took care of that provision. Councilman Wilson moved to, by Minute Motion, approve the First Amendment to the Joint Powers Agreement and authorize the Mayor and City Clerk to execute same on behalf of the City of Palm Desert. D. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR PHASE I OF THE HIGHWAY 111 LANDSCAPING PROJECT. Mr. McClellan reported that two Councilmen, Mr. Ortega, and he had met with Caltrans to expedite approval of the plans. The meeting had resulted in a promise that a permit would be immediately forthcoming. Staff recommended approval of calling for bids. Councilman Wilson moved to approve the request and authorize the City Clerk to advertise and call for bids. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Councilmen present. XIII. CONTINUED BUSINESS N one XIV. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR CONTRACT NO. 1050, SAN PASCUAL CHANNEL, PHASE II. Mr. McClellan reported that the bids received were substantially lower than anticipated. He recommended award of Contract No. 1050 in the -7- MINUTES REGULAR CITY COUNCIL MEETING APRIL 14, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * amount of $364,900 to Matich Corporation. Councilman Wilson moved to appprove the request and award the bid to Matich Corporation, low bidder, in the amount of $364,900. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Councilmen present. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. CIVIC CENTER LANDSCAPE ARCHITECTURAL SERVICES Mr. Ortega reported that as discussed in Study Session, Staff recommended the employment of Fred Arbuckle for landscape architectural services for the civic center. Councilman Jackson moved to approve a contract with Fred Arbuckle for landscape architect services in an amount not to exceed $4,000. Mayor Puluqi seconded the motion. Motion carried unanimously with the Councilmen present. 2. GRIEVANCE LEAVE FOR ALL CITY EMPLOYEES Mr. Ortega reported that the City employees would like to attend the funeral of one of the employee's children and asked that grievance leave be granted. Councilman Wilson moved to approve grievance leave to all employees who wished to attend the funeral. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Councilmen present. B. CITY ATTORNEY 1. ARCHITECTURAL SERVICES FOR CIVIC CENTER Mr. Erwin reported for the record action taken by the Council on March 30th in closed session had terminated the services of the previous architect, Ballew McFarland, as well as inspection services and that the firm of Charles Martin & Associates had been retained to complete the project. C. MAYOR AND MEMBERS OF THE CITY COUNCIL XVII. ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session (immediately following Redevelopment Agency Meeting) for the purpose of discussing personnel matters. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Councilmen present. Mayor Puluqi adjourned the meeting at 8:35 p.m. to closed session. Mayor Puluqi reconvened the meeting at 11:05 p.m. and adjourned to 9:00 a.m. on Tuesday, April 19, 1983. TE —'SHEILA R. GILT AN, CITY Rk CITY OF PAL DESERT, FORNIA -8- i O S. PULUC1t: MAYOR