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HomeMy WebLinkAbout1976-02-12MINUTES PALM DESERT CITY COUNCIL FEBRUARY 12, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Henry Clark called the meeting to order at 7:10 p.m. on Thursday, February 12, 1976, in City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Chuck Aston Councilwoman Jean Benson Councilman Noel Brush Councilman Jim McPherson Mayor Henry Clark Also Present: Harvey L. Hurlburt, City Manager Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney V. APPROVAL OF MINUTES Councilman Aston moved and Councilman McPherson seconded that the minutes of the January 22, 1976, meeting be approved as presented. Carried unanimously. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Mr. James Hill, President of the Palm Desert Optimist Club, presented the City with a Bicentennial Plaque etched in marble. Mr. Hill explained that only 2500 of these plaques were in existence and the one presented was No. 186. Mayor Clark extended the sincere appreciation on behalf of the Council and the entire City. B. Mayor Clark stated that Resolutions of Commendations had been prepared for all members who had served on the Citizens' Advisory Committee and emphasized how important their role had been in the formative years of the City. The Mayor read the resolution and personally presented those members of the committee in attendance with their resolution. C. Councilman Brush moved and Councilman McPherson seconded that a City/College Liaison Committee be created with members to be appointed at a future meeting; motion carried unanimously. D. Councilman McPherson moved and Councilman Brush seconded that the Mayor be authorized to select members for the newly created Art Committee and make the recommendations at the next meeting; carried unanimously. E. Resolution No. 76-25 - Resolution of Commendation in Support of the Coachella Valley Association of Governments. Mayor Clark read the resolution indicating that all cities have been represented at the meetings with few exceptions and that the criticism of C-VAG stemmed from those with the poorest attendance record. He commended C-VAG for their many accomplishments. February 12, 1976 Page 1 Mayor Clark moved and Councilman McPherson seconded the adoption of Resolution No. 76-25; carried unanimously. VII. CONSENT CALENDAR Councilwoman Benson asked to have Item A in the Consent Calendar removed for further discussion under Section XI. Councilman Aston moved and Councilman McPherson seconded that Items B & C of the Consent Calendar be received and filed. Motion carried unanimously. VIII. PUBLIC HEARING A. CONTINUED CASE UNDERGROUND UTILITY DISTRICT NO 2: City Of Palm Desert - Consideration of a Proposal to Establish a Special District to Underground the Overhead Distribution and Service Lines on the Blocks between Portola Avenue and Larkspur Lane and Highway 111 and El Paseo. (Continued from January 22, 1976.) Mayor Clark declared the Public Hearing reopened. Mr. Hurlburt explained that the matter had been discussed in detail at the previous meeting and that he would not reiterate unless there were questions. He further pointed out that at Council's direction, Staff had engaged two electrical contractors to make a survey of cost estimates and that the costs were considerably higher than previously estimated. He also stated that the contractors had sub- mitted ranges of costs. Individuals selecting their own electricians might find the costs could be lower. He further stated that a meeting of property owners involved had been scheduled for 7:00 p.m. on February loth to review the costs and answer questions. However, only 2 people attended with a total of 8 pieces of property being represented. Mr. Hurlburt stated that 57 lots are involved with 47 of those being developed. Of the 47 developed lots, 31 have overhead service lines with the remaining 16 having under- ground utilities. MR. BEN BARNUM, 74-105 Setting Sun Trail, Palm Desert, addressed Council stating that he felt they were giving a definite advantage to the north side of El Paseo and doing an injustice to the owners on the south side of the street. MR. HAROLD BROMLEY, Palm Desert, stated that while he was not in opposition to the undergrounding, he felt that the City was going about it in the wrong way. He felt that it was not democratic. MS. MARY KAY VANDEMARK, Palm Desert, asked if the utility companies were going to make the expenditure for this. Mayor Clark responded that it was utility money paid to the City that had accumulated and estimated monies over the next 3 years. Ms. Vandemark further stated that the City had to start somewhere and why not here? She said she was willing to pay her share. MR. DICK KITE, Palm Desert, stated that he represented 8 of the property owners and while he did not have approval from all of them on the undergrounding, he personally felt that with the increasing property values along El Paseo, this would only increase the value more. He further stated that thought should be given to forming an assessment dis- trict to underground the entire area from Portola to High- way 74. Mr. Kite asked if there was a deadline involved for the property owners to comply with having their service undergrounded. Mayor Clark responded that when the utility companies had completed the installation of the transmission lines, it would be necessary for the property owner to com- plete his undergrounding to get service. February 12, 1976 Page 2 With no further public input, Mayor Clark declared the hearing closed. After discussion, Councilman Aston moved and Councilman McPherson seconded that Resolution No. 76-12 creating the undergrounding district be adopted. Carried unanimously. B. REVIEW OF PALM DESERT PROPOSAL FOR THE HOUSING AND COM- MUNITY DEVELOPMENT BLOCK GRANT FOR FY 1976-77. Mayor Clark declared the Public Hearing open. Mr. Hurlburt pointed out that as required by the Housing and Community Development Act of 1974, the City Council must hold a Public Hearing on the proposed application for Housing Community Development Block funds. Council is then free to do what is best for the community. The City is eligible for $52,848 in FY 1976-77 and based upon the City Council's priority list of projects, the Staff has provided for $38,848 to complete Catalina Way and $14,000 to engineer and construct curb on Highway 111 between Portola and San Luis Rey. Mayor Clark asked for input from the audience and with none presented, he declared the hearing closed. Councilman Brush moved and Councilman Aston seconded the adoption of Resolution No. 76-17 announcing the findings and approving an application for a Housing and Community Development Block Grant for FY 1976-77. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 76-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF MARCH, 1976, TO BE MADE BY THE CITY CLERK OF THE CITY OF PALM DESERT, CALIFORNIA. Mr. Hurlburt pointed out that this resolution was standard and that it established March 9, 1976, as the date for seating the newly elected Council as well as a canvass of the election. Councilman McPherson moved and Councilman Aston seconded the adoption of Resolution No. 76-15; carried unanimously. B. RESOLUTION NO. 76-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING A CHANGE IN LAWS REGARDING THE COLOR OF PAVEMENT MARKINGS USED TO DESIGNATE OFFICIAL BICYCLE LANES AND TRAILS. Mr. Hurlburt stated that under State law, it is required that markings for bike lanes be in white and it is not distinct. Traffic safety committees, planning committees, and others have long felt that there should be a different and distinct color and this is a State-wide effort to get the law changed. Councilman Aston moved and Councilwoman Benson seconded that Resolution No. 76-16 be adopted. Motion carried unanimously. C. RESOLUTION NO. 76-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING MID -YEAR BUDGET AMENDMENTS. Councilman McPherson moved and Councilman Brush seconded that Mayor Clark be appointed to review this and come back to Council with recommendations; carried unanimously. February 12, 1976 Page 3 D. RESOLUTION NO. 76-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Councilman Aston moved and Councilman Brush seconded the adoption of Resolution No. 76-21; carried unanimously. E. RESOLUTION NO. 76-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A TRANSFER WITHIN THE 1975-76 BUDGET FOR THE EL PASEO SIDEWALK. Mr. Hurlburt stated that the work on the El Paseo sidewalks had been completed and that it had only been necessary for the City to have two constructed. Total costs including $137 for extras were $4742.60 and until such time as the property owners either came forward and paid or a lien was placed on the property, the City must pay the contractor. This would necessitate a budget transfer as requested by Resolution No. 76-22. Councilman Aston moved and Councilman McPherson seconded the adoption of Resolution No. 76-21; carried unanimously. F. RESOLUTION NO. 76-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING GOVERNOR BROWN TO RECONSIDER HIS PLAN FOR ELIMINATION OF THE COLORADO RIVER BOARD AS A SEPARATE AND CAPABLE STATE AGENCY. Mr. Hurlburt reported that information from the Coachella Valley Water District implied that with the removal of this agency, southern California could eventually wind up having to buy water from northern California. He stated that there was a direct conflict of interest involved with one of the directors of the State Water agency in northern California and that in the past, there had been instances where water from the Colorado River had been sold to Arizona and to Mexico thus placing a hardship on the southern Calfornia residents. This resolution appealed to Governor Brown to reinstate the Colorado River Board. Councilman McPherson moved and Councilman Aston seconded the adoption of Resolution No. 76-23; carried unanimously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 108 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING AND CON- TROLLING THE DISTRIBUTION OF HANDBILLS. After lengthy discussion, Councilman Brush moved and Councilman McPherson seconded that this ordinance be deferred to the meeting of February 26, 1976, with Staff being directed to review further and make recommendations; carried unanimously. B. ORDINANCE NO. 110 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING CHARITABLE, RELIGIOUS AND NONPROFIT SOLICITATIONS. Mr. Hurlburt stated that this ordinance had been reviewed and approved by the Chamber of Commerce committee, the United Way, and other religious and charitable organizations. The only suggestion that had been made was that of the United Way in that they felt they should be exempt from obtaining a permit. Mr. Hurlburt pointed out that one could not be exempt without opening many other doors requesting the same exemption. Councilman Aston moved and Councilman McPherson seconded to waive further reading and pass to second reading; carried unanimously. February 12, 1976 Page 4 For Adoption: A. ORDINANCE NO. 107 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ARTICLE 25.46 OF THE PALM DESERT MUNICIPAL CODE, THE ZONING MAP. Mr. Hurlburt stated that this had been reviewed in detail during two meetings and unless there were questions, he had no further report. Councilman Aston moved and Councilman Brush seconded the adoption of Ordinance No. 107; carried unanimously. B. ORDINANCE NO. 109 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 26, AMENDING THE UNIFORM FIRE CODE. Mr. Hurlburt stated that a copy of this ordinance had been sent to the Sheriff's Department and the Fire Department along with a letter requesting that they survey the parking area involved at the Market Basket as well as other areas in the business district that would be affected by it. Councilman Aston moved and Councilman Brush seconded the adoption of Ordinance No. 109; carried unanimously. XI. CONSENT ITEMS HELD OVER A. Councilwoman Benson asked Staff to clarify the statements made in the letter from Mr. Anthony Kane of the Palm Desert Citizens' Rights Committee. Mr. Hurlburt stated that the request of Mr. Kane was that Council rescind Ordinance No. 90 in that he felt it was unconstitutional. Mr. Hurlburt requested Dave Erwin to comment. Mr. Erwin reported that as a result of discussions with several other City Attorneys regarding the Federal Govern- ment's Supreme Court ruling on campaign expenditure limi- tations, it was his suggestion that City Council adopt an Emergency Ordinance No. 111 rescinding that portion of Ordinance No. 90 which restricted campaign expenditures, Section 2(c). All other provisions of the ordinance would stay in effect. Councilman Aston moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 111. Motion carried unanimously. XII. CONTINUING BUSINESS None XIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AN AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR CIVIL DEFENSE SERVICES. Mr. Hurlburt explained that this was a contract with the County to provide Civil Defense services in the event of disaster. Under this arrangement, the County would provide the establishment of federal financial assistance. The fee involved is $1,100 per year; however, the fee for the period of March 1, 1976 through June 30, 1976, would be $366.64. All other cities contract with the County unless they have their own established Civil Defense services. Councilman Aston moved and Councilman McPherson seconded to approve the agreement and authorize the Mayor to sign; carried unani- mously. February 12, 1976 Page 5 B. CONSIDERATION OF A REVISED MAINTENANCE AGREEMENT WITH CALTRANS COVERING HIGHWAY 111 AND HIGHWAY 74. Mr. Hurlburt reported that in June of 1974, the City had entered into an agreement for maintenance of Highways 111 and 74 whereby we were responsible for the landscaping on these roads and the State was responsible for street maintenance. Staff has been working with the represen- tative of Caltrans which would provide for reimbursement of monies spent by the City on maintenance of these high- ways. The State has agreed to reimburse us for full 75-76 expenditures based on our agreed costs. Our first check will provide for everything back to the beginning of the fiscal year. This agreement is an initial step in getting our money back. Councilman Aston moved and Councilman Brush seconded the adoption of Resolution No. 76-19 and to authorize the Mayor to exe- cute the agreement; carried unanimously. XIV. OLD BUSINESS A. CONSIDERATION OF NOTICE OF COMPLETION FOR MAGNESIA FALLS DRIVE ROAD AND PARKING LOT. Mr. Hurlburt stated that this was official notification of and payment for completion of Magnesia Falls Drive Road. Councilman Aston moved to accept the work as complete, authorize a Notice of Completion to be filed, and authorize a payment of $25,574.27 to Massey Sand and Rock, minus an in -progress payment of $15,462.00 and less 10% retention of %2,557.43. Motion carried unanimously. B. CONSIDERATION OF NOTICE OF COMPLETION FOR THE PORTOLA AVENUE SIDEWALK Mr. Hurlburt stated that this was official notification of and payment for completion of the work on the Portola Avenu Sidewalk. Councilman Aston moved and Councilman McPherson seconded to accept the work as complete, authorize a Notice of Completion to be filed, and authorize a payment of $37,971.57 minus a previous payment of $14,008.27 less 10% retention of $3,797.16; motion carried unanimously. C. CONSIDERATION OF NOTICE OF COMPLETION FOR THE EL PASEO SIDEWALK CONSTRUCTION ON LOTS 627-211-001 and 627-222-036. Councilman Aston moved and Councilman Brush seconded to accept the work as complete, authorize Notice of Completion to be filed, and authorize payment of $4,742.60 to Smith Construction minus 10% retention. XV. ORAL COMMUNICATIONS MARGERY EGAN, 73-465 Grapevine, Palm Desert, asked Dave Erwin what the legal aspects involved in sharing the $300,000 involved in the utility undergrounding. Mr. Erwin responded that under Rule 20 of State law, funds must be used under one project and the project cannot be expanded. Therefore, the City was limited as to how many blocks it could include in the undergrounding in that the $300,000 available would only underground two blocks. Mrs. Egan further inquired as to whether or not the 3 incumbents running for reelection would be responsible for 3/5 of the cost of the City newsletter in that it was coming out one week before the election. Mr. Erwin replied that they would not be in that it was the City's policy to publish these newsletters and that one had come out before. Mayor Clark stated that the City had tried to put them out quarterly. February 12, 1976 Page 6 XVI. REPORTS AND REMARKS A. City Manager 1. Resolution No. 76-24: Mr. Hurlburt reported that a meeting had been held with representatives of the County, Rancho Mirage, Palm Desert and involved property owners and that it had been estab- lished that one party be appointed as "Lead Agency" to coordinate the Monterey Extension project and to be the recipient for all funds. Councilman Aston moved and Councilman Brush seconded that Resolution No. 76-24 be adopted. Motion carried unanimously. 2. Resolution 76-26: Mr. Hurlburt reported that Council had adopted a resolution in August regarding Solid Waste Manage- ment and that the State Attorney was now requesting that a new resolution be adopted in that the wording of the old one was not acceptable. The words "in concept" were not acceptable. Councilman Aston moved and Councilman Brush seconded the adoption of Resolution No. 76-26; carried unanimously. 3. Adjustments under State Bond Act for Park Mr. Hurlburt recommended that Council adopt the proposed amendments to the park budget. After considerable discussion, Councilman McPherson moved and Councilman Brush seconded that this matter be held over to the February 26th meeting with discussion to be held at Study Session; carried unanimously. B. City Attorney 1. Bonet Development Mr. Erwin reported that this had been presented to Council previously wherein a parcel of property had been sold with the new owner not being aware of a tax lien on the property placed by the City. Mr. Erwin stated that the first property owner had been found and subsequently sued. He was willing to pay the lien. Councilman Brush moved and Councilman McPherson seconded to accept the payment; carried unanimously. XVI. ADJOURNMENT Councilman Aston moved and Councilwoman Benson seconded to adjourn the meeting; carried unanimously. The Mayor declared the meeting adjourned at 9:40 p.m. Q�� HENR B. CLAR�. MA •R ATTEST: H�Y vHUR City Clerk February 12, 1976 Page 7