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HomeMy WebLinkAbout1983-03-241 L MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 24, 1983 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. CALL TO ORDER Mayor Puluqi convened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson INVOCATION - Councilman Richard S. Kelly ROLL CALL Present: Excused Absence: Councilman Richard S. Kelly Councilman S. Roy Wilson Mayor Romeo S. Puluqi Also Present: Councilman Phyllis Jackson Mayor Pro-Tem Walter H. Snyder 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 the Regular City Council Meeting of March 10, 1983. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 83-085, 83-091, and 83-092. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF FEBRUARY, 1983. Rec: Receive and file. D. NOTICE OF CHANGE ORDER NO. 3t CONTRACT NO. 1053, KICAK AND ASSOCIATES, IN THE AMOUNT OF $5,600.00. Rec: Receive and file. E. REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO. 1055, RECONSTRUCTION OF INTERSECTION AT PORTOLA AVENUE AND HOVLEY LANE. Rec: Accept the work as complete and instruct the City Clerk to file a Notice of Completion for Contract No. 1055. a `n:rO i"lrtiFiry MINUTES REGULAR CITY COUNCIL MEETING MARCH 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. RESOLUTION NO. 83-22 - A RESOLUTION OF THE PALM DESERT CITY COUNCIL, APPROVING TRACT NO. 18165 AND APPROVING THE BONDS AND AGREEMENTS RELATING THERETO. Rec: Waive further reading and adopt. Councilman Wilson asked that Item "F" be removed for discussion under Section XI of the Agenda, Consent Items Held Over. Upon motion by Wilson, second by Kelly, and unanimous vote of the Councilmen present, the Consent Calendar was approved as presented with the exception of Item "F". VII. ORAL COMMUNICATIONS - A N one VIII. PUBLIC HEARINGS None IX. RESOLUTIONS A. RESOLUTION NO. 83-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING A VARIANCE TO FLOOD PREVENTION ORDINANCE. Andrew and Josephine Spagnola, Applicants. Mr. Ortega stated this variance had been requested because the ordinance would place the finished floor more than one foot above that of the existing home on the uphill side of the subject lot and more than four feet above the existing residence on the downhill side. Staff recommended approval. Upon motion by Kelly, second by Wilson, Resolution No. 83-23 was adopted by unanimous vote of the Councilmen present. B. RESOLUTION NO. 83-24 - A RESOLUTION OF INTERPRETATION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PERTAINING TO THE ABILITY OF PROPERTY OWNERS OF EXISTING DUPLEX UNITS IN TRACT 2521 TO SUBDIVIDE THEIR PARCELS. Mr. Diaz noted the new title of the resolution. He stated that it would allow property owners in that tract to subdivide their parcels. The duplexes had been built years ago, prior to residential zoning. Upon motion by Wilson, second by Kelly, Resolution No. 83-24 was adopted by unanimous vote of the Councilmen present. X. ORDINANCES For Introduction: A. ORDINANCE NO. 330 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 15.24.310 TO CHAPTER 15 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO CANCELLATION OF BUILDING PERMITS. Mr. Ortega noted that this ordinance had been discussed at length in Study Session. He stated it resolved any conflict that the City may encounter when a property owner requested cancellation of a building permit. He said that the Building Director had requested this as a way to finalize a policy that has been in existence in his department. -2- MINUTES REGULAR CITY COUNCIL MEETING MARCH 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly said he did not see why we needed it. He felt it put the City in the middle. Dave Erwin responded that it could legally bind us. However, there was provision in the proposed ordinance to make the owner responsible for any litigation. Councilman Wilson asked if there were not other alternatives available. Mr. Erwin responded there were, and he would investigate and make a recommendation to the Council. Upon motion by Wilson, second by Kelly, Ordinance No. 330 was continued until such time as Mr. Erwin presented alternative recommendations by unanimous vote of the Councilmen present. For Adoption: None XI. CONSENT ITEMS HELD OVER F. RESOLUTION NO. 83-22 - A RESOLUTION OF THE PALM DESERT CITY COUNCIL, APPROVING TRACT NO. 18165 AND APPROVING THE BONDS AND AGREEMENTS RELATING THERETO. Councilman Wilson stated he had asked for discussion on this item to clarify whether or not it should go back through the Planning Commission approval process. Mr. McClellan explained that this was a Final Tract Map and required only this action while an expired Tentative Tract Map would require the hearing process through the Planning Commission. Upon motion by Wilson, second by Kelly, Resolution No. 83-22 was adopted by unanimous vote of the Councilmen present. XII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR THE PORTOLA AVENUE CULVERT AT THE HAYSTACK CHANNEL - CONTRACT NO. 1058. Mr. Ortega reported that this project had been discussed for over two years. It had been held up by litigation, but we were not ready to move ahead. Councilman Kelly moved to authorize the City Clerk to advertise and call for bids for Contract No. 1058. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Councilmen present. B. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR THE CROSS GUTTER REPAIR AND REPLACEMENT PROGRAM - CONTRACT NO. 1062. Mr. Ortega reported that as a result of discussion in Study Session, Council had indicated they would like to add the southwest corner of Highway 74 and El Paseo to the list of repair and replacement areas. Councilman Wilson moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 1062 amended to include the southwest corner of Highway 74 and El Paseo. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmen present. C. REQUEST FOR ADOPTION OF COVE COMMUNITIES FIRE COMMISSION BUDGET FOR FISCAL YEAR 1983-84. Mr. Ortega stated that the Cove Communities Fire Commission had approved this budget which must now be approved by all three cities. -3- MINUTES REGULAR CITY COUNCIL MEETING MARCH 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He noted it would cost the City of Palm Desert approximately $520,000 for the 1983-84 fiscal year. The new condition added was that all of the costs of this budget would be distributed now by assessed valuation based on the 1981-82 tax roll. Councilman Wilson stated he was pleased at the way the Fire Commission had been able to work together to accomplish so many good things for the benefit of all three cities and their residents. Councilman Wilson moved to adopt the 1983-84 Cove Communities Fire Commission Budget as presented, with the specific provision that the Joint Powers Agreement be amended to include that all expenditures of the Fire Commission be distributed by assessed valuation. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmen present. XIH. CONTINUED BUSINESS None XIV. OLD BUSINESS N one XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. CHANGE ORDER FOR SAN PABLO CONTRACT. Mr. Ortega reported that when this contract was awarded, it did not provide for street overlay. It was decided subsequent to the award that this should be done. He requested approval of a change order in the amount of $14,622 which would include 2" overlay for $12,922.00, removal of 2 trees at $400.00, and the adjustment of 4 sewer manholes to grade at $1,300.00. Councilman Wilson moved to approve the Change Order in the amount of $14,622.00. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmen present. 2. CHANGE ORDER FOR FRANK URRUTIA CONTRACT - SPORTS COMPLEX. Mr. Ortega reported that Mr. Urrutia was being required to perform extra services in the amount of $2,195.28. He requested approval of said amount. Councilman Kelly moved to approve the Change Order in the amount of $2,195.28. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Councilmen present. 3. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR CIVIC CENTER TELEPHONE SYSTEM. Mr. Ortega reported the specifications were ready and requested authorization to call for bids. Councilman Wilson moved to authorize the City Clerk to advertise and call for bids on the telephone system for the Civic Center. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmen present. -4- MINUTES REGULAR CITY COUNCIL MEETING MARCH 24, 1983 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. CLOSED SESSION Mr. Ortega requested the Council adjourn to Closed Session for the purpose of discussing litigation and personnel. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Puluqi asked that everyone note the Future Meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Wilson, second by Kelly, and unanimous vote of the Councilmen present, Mayor Puluqi adjourned to Closed Session at 7:26 p.m. He reconvened the meeting at 9:04 p.m. and immediately adjourned with no action taken. Council continued their Study Session Agenda upon adjournment of the City Ccil meeting. ATTEST: SHEILA R. GIIIGAN, CIT LERK CITY OF PALM DESERT, LIFORNIA -5- RIOM < S. OLNQI, MAYOR