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HomeMy WebLinkAbout1976-12-23MINUTES CITY COUNCIL MEETING THURSDAY, DECEMBER 23, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:10 p.m. on Thursday, December 23, 1976, in City Hall Council Chambers. II. PLEDGE - Councilman Jim McPherson III. INVOCATION - Mayor Pro-Tempore Ed Mullins IV. ROLL CALL Present: Councilman McPherson Councilman Mullins Councilman Newbrander Councilman Seidler Mayor Brush Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Hunter T. Cook, City Engineer Paul E. Byers, Director/Management Services Paul A. Williams, Director/Environmental Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT of Two Additional Members to the Newly Created Parks & Recreation Commission. Mayor Brush advised that this matter would be deferred until the meeting of January 13, 1976, to allow Council to further study the list of proposed members. VI. CONSENT CALENDAR A. MINUTES of the December 9, 1976, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-054, 77-055, 77-061, and 77-062. Rec: Approve as presented. C. RESOLUTION NO. 47-76 OF THE CITY OF CHOWCHILLA, CALIFORNIA, Requesting Reform of the Criminal Justice System. Rec: Receive and file. D. LETTER from the Palm Desert Property Owners Association, 73-833 El Paseo, Palm Desert, California, Requesting Delay on Any Formal Action Concerning Mandatory Curbs and Gutters Until After a More Comprehensive Study of the Situation. Rec: Receive and file. December 23, 1976 Page 1 E. NOTICE OF CLAIM From Mr. & Mrs. James H. Hopkins, 72-529 Beavertail Street, Palm Desert, California, for Flood Damage in the Amount of $4,689.36. Rec: Deny the claim and instruct the City Clerk to so advise the claimants. F. NOTICE OF CLAIM from James & Ferrigno, Attorneys at Law, 1009 Victoria Avenue, Corona, California 92720, Representing Kenneth and Jane Barbier, 73-820 Flagstone Lane, Palm Desert, California, for Flood Damage in the Amount of $33,500.00. Rec: Deny the claim and instruct the City Clerk to so advise the claimants. G. NOTICE OF CLAIM from Richard J. Wilson, Attorney at Law, 73-081 El Paseo, Suite 1, Palm Desert, California 92260, Representing Seiko G. And Takashi C. Shimizu, 72-970 Homestead Road, Palm Desert, California, for Flood Damage in the amount of $105,000.00. Rec: Deny the claim and instruct the City Clerk to so advise the claimants. H. NOTICES OF CLAIMS from Elmer Low Professional Corporation, 234 East Colorado Boulevard, Pasadena, California 91101, Representing the Following Claimants for Flood Damages: Amended Claim: MARGARET A. BUSH 77085 Indiana Palm Desert, California OWNER TRUST #PR13727 C/O Title Insurance & Trust Co. 700 Wilshire Boulevard Los Angeles, California Amended Claim: BELLE & JULIUS YARCHEVER 73-466 Goldflower Palm Desert, California JOHN TALLETT 369 Pine Street San Francisco, California Amended Claim: ALFRED DE FREITAS & ALBERT B. FREITAS 77-114 Iroquois Drive Indian Wells, California $ 70,000.00 $400,000.00 $100,000.00 $ 25,000.00 $40,000.00 Rec: Deny the claims and direct the City Clerk to so advise the claimants. I. NOTICES OF CLAIMS from Thomas T. Anderson, Attorney at Law, 45-926 Oasis Street, Indio, California 92201, Representing the following Claimants for Flood Damages: MR. & MRS. ROBERT LEWIS BOONE 72-910 Homestead Road Palm Desert, California MR. AND MRS. CLYDE W. JOHNSTON 73-820 Larrea Street (The Capri Apartments) Palm Desert, California December 23, 1976 $ 40,000.00 $ 80,000.00 Page 2 MR. & MRS. JOE PALETTI 7415 Fairway Drive Palm Desert, California $ 6,000.00 Rec: Deny the claims and direct the City Clerk to so advise the claimants. J. REQUEST FOR AUTHORIZATION for the Planning Director and the Five (5) Planning Commissioners to Attend the Planning Commissioners' Institute To Be Held on February 2nd through 4th in Los Angeles. Rec: Approve as presented. K. RESOLUTION NO. 76-146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL MAPS FOR TRACTS 5796-1 and 5706-2 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE REQUIRED SUBDIVISION AGREEMENT. Rec: Waive further reading and adopt. L. RESOLUTION NO. 76-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 5277-1 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE REQUIRED SUBDIVISION AGREEMENT. Rec: Waive further reading and adopt. M. RESOLUTION NO. 76-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CHANGE ORDER NO. 1 FOR THE CHARLES F. WHITE, JR., INC. CONTRACT FOR CONSTRUCTION OF THE RESTROOM FACILITIES. Rec: Waive further reading and adopt. Mayor Brush requested that Item "D" be removed from the Consent Calendar for discussion under Section X, Consent Items Held Over. Councilman McPherson moved and Councilman Seidler seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. UNDERGROUNDING UTILITY DISTRICT #3: Consideration of the Formation of an Undergrounding Utility District Located on the West Side of Ocotillo Drive Between El Paseo and Verba Santa Drive. (Continued from November 18, 1976, Meeting.) Mayor Brush declared the hearing open. Mr. Williams presented the Staff report relative to the Undergrounding District stating that since the meeting of November 13, 1976, only three property owners, consisting of 12 of the 33 lots have signed the petition. One owner who had previously agreed to sign has since chosen to underground his two lots without any other participation by other property owners. In light of the aforementioned, Staff recommended that the City Council close the Public Hearing and not establish an Undergounding District at this time. At such time as sufficient signatures can be obtained, the City Council may reconsider this matter. Mayor Brush asked for audience input either for or against the project and there was none. He declared the Public Hearing closed. Councilman Seidler moved to deny the formation of said district at this time and Councilman McPherson seconded the motion; carried unanimously. December 23, 1976 Page 3 VIII. RESOLUTIONS A. RESOLUTION NO. 76-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION WITHIN THE CITY OF PALM DESERT. Mr. Cook explained that the proposed resolution would adopt the Standard Specifications for Public Works in book form indicating that the book had been formulated over a 14-year period through joint efforts of the Public Works Association. The only exceptions taken or additions made to the book are those indicated in the attachment to the proposed resolution. Councilman Seidler questioned Section 7.3 stating that he did not believe that the City would have the proper limita- tions with this section and stated that he would like to make.a further review of it. Councilman Seidler moved to waive further reading and adopt Resolution No. 76-148 with the exception of the Revision Section 7.3. Councilman McPherson seconded the motion; carried unanimously. B. RESOLUTION NO. 76-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING THE REDISTRIBUTION OF SALES TAX REVENUES ON THE BASIS OF POPULATION. Mr. Bouman stated that this was a follow-up to Council's instruction that we adopt a similar resolution to those we had received from other cities opposing the redistri- bution of sales tax revenues. Even though no bill has been introduced as yet to the legislature, it is very likely to be done next year. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-149. Motion carried unanimously. C. RESOLUTION NO. 76-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AMENDMENT NO. 1 TO THE JUNE 10, 1976, CONTRACT WITH F. J. URRUTIA & ASSOCIATES FOR DESIGN OF THE LIGHTING SYSTEM IN THE COM- MUNITY PARK. Mr. Cook explained that the City had requested Mr. Urrutia to do more work than was specified in the June 10, 1976, contract. He pointed out that the first set of bids for the Community Park Lighting Project had been rejected, new specifications had been drawn up, and the project was being rebid. Amendment #1 will provide total fees of $1,110 for the design of the park lighting, an increase of $535 over the $575 previously provided for. Councilman Mullins moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 76-151; carried unanimously. D. RESOLUTION NO. 76-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PARAGRAPH NO. 1 OF RESOLUTION NO. 76-49 PROVIDING FOR CHARGES TO THE PALM DESERT REDEVELOPMENT AGENCY FOR PORTIONS OF CITY EXPENSES INCURRED FOR SERVICES RENDERED THE AGENCY. Mr. Bouman explained that the City staff provided many professional and technical services to the Redevelopment Agency, and the Agency in turn reimbursed the City for these expenses. However, when the initial Resolution was adopted, an accurate percentage of time was not established. In the future, more sophisticated records will be maintained so that reimbursement will be accurate. December 23, 1976 Page 4 Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-153. Motion carried unanimously. E. RESOLUTION NO. 76-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING ASSESS- MENTS ON PROPERTY OWNERS IN SAID CITY FOR THE ABATEMENT OF NUISANCE ON VACANT LOTS. Mr. Bouman explained that this is a situation in which the City after properly notifying the respective property owners had abated nuisances on their property. All legal require- ments were followed and each property owner was given an opportunity to abate the nuisance himself. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-154. Motion carried unanimously. IX. ORDINANCES - For Introduction A. ORDINANCE NO. 144 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 20 RELATING TO UNDERGROUND UTILITY DISTRICTS IN SAID CITY. Mr. Erwin explained the modifications to the ordinance indicating that all the suggestions made by Mr. Kermit Martin of Southern California Edison had been incorporated. The ordinance now met with S.C.E.'s approval also. Councilman Mullins moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 144 to second reading. Motion carried unanimously. ORDINANCES - For Adoption: A. ORDINANCE NO. 134 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DEALING WITH UNIFORM TRANSIENT OCCUPANCY TAX IN SAID CITY. Mr. Erwin explained that this ordinance would bring our current ordinance up-to-date for final codification pur- poses. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Ordinance No. 134. Motion carried uunanimously. Mr. Erwin advised that since Ordinances 135 through 148 had been explained during their first reading, and providing there were no further questions regarding any of them, they could be adopted in their entirety with one motion. B. ORDINANCE NO. 135 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFPALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 118, RELATING TO THE UNIFORM BUILDING CODE OF SAID CITY. C. ORDINANCE NO. 136 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 110 OF SAID CITY, RELATING TO CHARITABLE, RELIGIOUS AND NONPROFIT SOLICITATIONS. D. ORDINANCE NO. 137 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 92 REGULATING POLITICAL SIGNS IN SAID CITY. E. ORDINANCE NO. 138 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 116 OF SAID CITY, PROVIDING FOR THE ADMINISTRATION OF DISASTER OPERATION AND RELIEF IN THE CITY OF PALM DESERT, CALIFORNIA. December 23, 1976 Page 5 F. ORDINANCE NO. 139 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 11, RELATING TO REAL PROPERTY DOCUMENTARY TRANSFER TAX. G. ORDINANCE NO. 140 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 121 RELATING TO DOGS AND OTHER DOMESTIC ANIMALS IN SAID CITY. H. ORDINANCE NO. 141 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 58, RELATING TO TAXICABS AND RENT CARS. I. ORDINANCE NO. 142 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 84, RELATING TO REGULATION OF COLLECTION, SOLID WASTES. J. ORDINANCE NO. 143 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 37, RELATING TO ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED VEHICLES. K. ORDINANCE NO. 145 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 57 OF SAID CITY, ESTABLISHING PENALTIES FOR ORDINANCE VIOLATIONS. L. ORDINANCE NO. 146 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO DEFINITIONS OF THE LANGUAGE OF THE ORDINANCES OF SAID CITY. M. ORDINANCE NO. 147 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SPECIFICALLY REPEALING ORDINANCES IN SAID CITY. N. ORDINANCE NO. 148 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO MUNICIPAL CAM- PAIGN CONTRIBUTIONS AND EXPENDITURES AND AMENDING ORDINANCE NO. 90 OF SAID CITY. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Ordinances 135 through 148, excluding Ordinance No. 144. Motion carried unanimously. X. CONSENT ITEMS HELD OVER D. LETTER from the Palm Desert Property Owners Association 73-833 El Paseo, Palm Desert, California, Requesting Delay on Any Formal Action Concerning Mandatory Curbs and Gutters Until After a More Comprehensive Study of the Situation. Mayor Brush stated that this question was raised at the last Council meeting and that he had indicated at that time that it was not the City's intent to force anyone to install curbs and gutters. However, the situation has now changed in that the City has been awarded a $2 million grant to provide for curbs and gutters. Thus, we have reached the point now where we may be forced to install these curbs in gutters, and some of the streets included in the overall plan are streets in the Palm Desert Property Owners Association's area. Councilman McPherson pointed out that he had just seen a street that had been recently overlayed and that because of the lack of curbs and gutters, the street was now ravel- ing. Councilman Seidler pointed out that even though there had been several objections to these installations. However, with the financial burden being relieved of the property owner by the Grant, maybe the objections would not be as strong. December 23, 1976 Page 6 XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR APPROVAL of Joint Powers Agreement for the Formation of a Coachella Valley Transportation Agency Known as "Sunline". Mr. Bouman indicated that since the preparation of the Agenda, he had learned that the County Attorney had dis- covered a few items in the proposed agreement which were unsuitable to the County and had therefore returned it to C-VAG for review and possible revision. Additionally, C-VAG was preparing a draft resolution for proposed adoption by each city involved. In view of the fact that the Agree- ment involved many ramifications, it was staff's recommenda- tion to refer the matter to the City Manager and City Attorney for review and report. Councilman Seidler moved and Councilman McPherson seconded to refer the matter of the Joint Powers Agreement for the Formation of a Coachella Valley Transportation Agency known as "Sunline" to the City Manager for further review and report. Motion carried unanimously. B. CASE NO. 27MF, AFFILIATED CONSTRUCTION COMPANY, APPLICANT: Consideration of an Appeal by Affiliated Construction Com- pany of a Requirement for the Posting of a Cash Deposit for the Cost of Undergrounding the Existing Utility Lines. Mr. Williams presented the history of the project stating that it was Staff's recommendation that the cash deposit requirement be waived and that all overhead distribution lines on the north property line be required to be placed underground. He stated that the formation of districts for the purpose of undergrounding has been unsuccessful in the past, and the Staff feels that the way to get the overhead lines removed is to do it as a part of construction. Also, the overhead line along the north property line has one service feed to the library. The Staff contends that the overhead lines along the northerly property line should be placed underground which would result in the removal of three poles. Councilman Seidler moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-152, waiving the cash deposit and requiring undergrounding as a part of construction. Motion carried unanimously. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. City Manager RESOLUTION NO. 76-155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING AUTHORI- ZATION TO APPLY FOR PUBLIC WORKS EMPLOYMENT ACT GRANT FUNDS. Mr. Bouman stated that when the City was advised regarding the tentative approval of the $2 million Grant, it was made a strong point that it was a tentative approval and that our application will continue to be reviewed at several levels to make sure we have complied with a number of Federal regu- lations. One of these regulations pointed out immediately was the fact that there was a resolution missing authorizing the City Engineer to make the application in the first place. Council did direct us to do so, but such a resolution will have to be adopted and forwarded as soon as possible. The December 23, 1976 Page 7 proposed resolution will accomplish this. Councilman Seidler moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-155. Motion carried unanimously. B. City Attorney None C. Mayor and City Council Councilman Seidler asked whether or not payment had been taken care of for the flagpole in the Community Park. Mr. Bouman advised that a check was in the mail for it. XVI. ADJOURNMENT Councilman Seidler moved and Councilman McPherson seconded to adjourn the meeting. Motion carried unanimously. Mayor Brush adjourned the meeting at 8:07 p.m. NOEL/J :RUSH, MAYOR ATTEST: SHEILA R. GILLIGAN, Mting City Clerk City of Palm Desert, California December 23, 1976 Page 8