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HomeMy WebLinkAbout1976-11-18MINUTES ADJOURNED CITY COUNCIL MEETING NOVEMBER 18, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:05 p.m. in the City Hall Council Chambers. II. PLEDGE - Councilman Jim McPherson III. INVOCATION - Mayor Protempore 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 A. Williams, Director of Environmental Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION - RECOGNIZING THE CITY'S THIRD BIRTHDAY, THE DIFFICULT AND TRYING OCCURRENCES OF THE LAST YEAR, AND UTILIZING THANKSGIVING DAY, NOVEMBER 25, 1976, TO EXPRESS COUNCIL'S APPRECIATION TO ALL OF OUR CITIZENS AND VOLUNTEERS. Mayor Brush read the proclamation for the benefit of the audience and the press, emphasizing that it was extended on behalf of the entire City Council for a fantastic community. VI. CONSENT CALENDAR A. MINUTES of the November 11, 1976, City Council Meeting. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-046 and 77-051. Rec: Approve as presented. C. LETTER from Mrs. Anna M. Ray, 44-830 Las Palmas, Apt. #12, Palm Desert, Relative to Noise Problems in Her Residential Area. Rec: Refer to Staff for review and action, if appropriate. November 18, 1976 Page 1 D. LETTER from Rev. Daryl Bjerke, President, Palm Desert Com- munity Park Foundation, Inc. Urging Council To Establish a City Parks and Recreation Commission. Rec: Refer to Staff for review and subsequent recommendation. Councilman Seidler requested that Item D of the Consent Calendar be removed and discussed under Section X, Consent Items Held Over. Councilman Mullins moved and Councilman McPherson seconded to approve the Consent Calendar with the exception of Item "D". 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. Mayor Brush declared the Public Hearing open. Mr. Williams explained that over the last several months, 4 developments had been approved within the boundaries of this block and as a standard condition of approval, each project has a requirement for undergrounding of existing overhead distribution lines. These projects include a 12 unit apartment complex on two lots; a 28-unit apartment complex on five lots; a 4-unit condominium project on one lot; and a Variance to allow a restaurant as an accessory use to an existing hotel on six lots. Mr. Williams advised that as a result of a request from two property owners in the area under construction for the subject undergrounding, letters had been sent to all the surrounding property owners asking for statements of interest on an undergrounding district. Based on the responses received and the recently approved projects, staff had recommended the initiation of proceedings to create an Undergrounding District and a subsequent public hearing. However, to allow all interested property owners to circulate a petition to get signatures of at least five (5) interested property owners constituting greater than 50% of the area of all assessable lands, Staff was recommending the continuation of this matter to the meeting of December 23, 1976. Councilman McPherson asked Mr. Williams whether or not individual parcel costs relative to the undergrounding were included in the letter that went out. Mr. Williams responded that these costs were not available at the time, but they would be included on the petitions. Mayor Brush asked for input in favor of the project and the following people spoke: Mr. Nick Jorgensen 46-020 Highway 74 Palm Desert, California Mr. Jack Dayton 74-280 Alessandro Palm Desert, California November 18, 1976 Page 2 Mayor Brush asked for input opposing the project and the following people spoke: Mr. Bob Caffrey 46-045 Ocotillo Palm Desert, California Councilman Seidler asked whether or not it was correct that the costs involved were approximately $3,000 per lot plus an additional $500 for cable and telephone with the probable additional cost of $1,000 for service drops. Mr. Williams responded that this was an approximation which might increase in the future due to inflation. Councilman McPherson pointed out for the benefit of the press and audience that this was not a City generated project but rather one at the request of property owners. Councilman McPherson moved and Councilman Seidler seconded to continue the public hearing to the meeting of December 23, 1976. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 76-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING THE PLANNING COMMISSIONERS TO THOSE REQUIRED TO FILE A STATEMENT OF ECONOMIC INTERESTS UNDER THE CONFLICT OF INTEREST CODE ADOPTED BY PALM DESERT RESOLUTION NO. 76-119. City Attorney Dave Erwin advised that he had overlooked the Planning Commissioners when he had prepared Exhibit "A" of Resolution No. 76-119. This amendment would add the Planning Commissioners to those required to file under the City's Conflict of Interest Code. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-141. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER (D) LETTER from Rev. Daryl Bjerke, President, Palm Desert Com- munity Park Foundation, Inc. Urging Council To Establish a City Parks and Recreation Commission. Councilman Seidler pointed out that this letter requested Council action as soon as possible. He continued that Council had not been sitting back on this but had been discussing it since April, even to the point of speaking with individuals interested in serving on such a commis- sion. He futher pointed out that since the Coachella Valley Parks and Recreation Commission had just received a tax rate increase, a goodly portion of which is paid by Palm Desert residents, we should have a say in what Palm Desert would like done in our City. Council is looking into future park sites, bike -way systems, and equistrian trails and these should be investigated by a City Commission. November 18, 1976 Page 3 Councilman Mullins expressed his agreement with this and suggested that the subject be made a topic for discussion at the next Study Session. Council directed the City Manager to place this topic on the next Council Study Session agenda so that action could be taken on it under the Awards, Presentations, and Appointments Section of the December 9th, 1976, Council agenda. XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS MR. BOB CAFFREY, 46-•040 Ocotillo, Palm Desert, addressed Council stating that he had been approached by the City regarding con- formance with Ordinance #56 wherein trash bin enclosures were required. He stated that he had complied with the ordinance by having an enclosure built at a cost of $920, that it was a very nice enclosure, but no one else on the street had been forced to do the same. He also stated that the specifications he had been given for the enclosure made it too high and that possibly the City should take pictures or come and look with the thought that the height requirement could be lower. Council directed Mr. Bouman to investigate to see why this ordinance compliance had not been carried throughout the neighborhood. MRS. ILENE COEFIELD, 48-405 Prairie Drive, Palm Desert, asked Council what could be done regarding the showing of X-rated films at the local movie theaters. She advised that children were entering the theaters stating they were going to see a Walt Disney movie but winding up in the X-rated film showing. Mayor Brush advised that this was a matter that concerned the entire Council and was at present being investigated by the City Attorney. The Mayor pointed out that he had seen a security guard at the entrance to the X-rated films when he had been in the theater and felt that efforts of control were being made. Councilman Seidler stated that unfortunately these were the types of movies that "drew" the public. He pointed out that the City had no ordinance prohibiting this and as he under- stood it, an ordinance of this nature would be a complicated issue. He further stated that the previous owner of the theater had promised that no X-rated films would be shown and that possibly a similar type of agreement could be worked out with the new owners. The City Attorney agreed that this would be the most simple course of action. Mrs. Coefield also asked Council why so many traffic signals were being used vs. stop signs or yield signs. Mr. Bouman advised that stop signs were not allowed on highways without State approval, but that the City was for the most part utiliz- ing the stop signs and yield signs wherever possible. He asked Mrs. Coefield to see him after the meeting if there was any particular site she was concerned about. November 18, 1976 Page 4 MR. ALLEN SUMMERS, Cabrillo Street, Palm Desert, addressed Council indicating that he had worked very hard with the City to have the zoning ordinance amended to enable the enforcement of parking of motorhomes and recreational vehicles in places other than the residential areas. He advised that he was not being told by the Code Enforcement Department and the City Attorney that in view of the fact that the City had no area available for the storage of these types of vehicles, the City could not enforce the ordinance. He questioned the existence of the ordinance if enforcement were not possible. He also advised that he had checked with the Silver Spur Motorhome Park and that they did, in fact, have spaces available for rent at $20 per month. Mr. Summers also stated that the City had told him that the enforcement of this ordinance created an undue hardship on individuals who would have to drive to Indio or Cathedral City for storage space. Mr. Bouman pointed out that the City did not have any appro- priately zoned areas for this type of storage. Alternatives were being studied; however, the City was not aware of the Silver Spur area. He stated that Staff would look into this. MR. HOFFMAN, 45-960 Highway 74, Palm Desert, addressed Council indicating that he had a very attrative motorhome and that he had been able to find space available for it at Silver Spur Mobile Home Park. He did so after being contacted by the Palm Desert Property Owners' Association's attorney. MR. JACK DAYTON, 74-280 Alessandro, Palm Desert, stated that he had had a friend that owned a boat he was restoring. The boat had been visible from the street and upon City request, had been moved behind a fence large enough to hide it. The ordinance did provide for proper fencing to hide the vehicles. After considerable discussion, Council directed the City Manager to make this topic a Study Session item for solution in the immediate future. XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 76-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FURTHER AMENDING RESOLUTION NO. 76-121, AS AMENDED BY RESOLUTION NO. 76-131, AUTHORIZING AND DIRECTING THE ESTABLISHMENT OF A SPECIAL FUND TO ACCOUNT FOR FLOOD EMERGENCY EXPENSES, AUTHORIZING TEMPORARY ADVANCES TO SAID FUND, AND AUTHORIZING PAYMENT FROM SAID FUND OF EXTRAORDINARY EXPENSES INCURRED FOR FLOOD CONTROL AND DAMAGES. Mr. Bouman explained that the previously approved amount of $300,000 for the Flood Emergency Expense Account unfor- tunately was not enough. The latest figure for these expenses was $333,000 which was expected to be a final figure. He requested that adoption of Resolution No. 76-142 to approve the amount of $350,000 for the Flood Emergency Expense Account. Councilman Mullins asked if Staff was aware of any time schedule wherein we may expect to recover these costs. Mr. Cook replied that the final cost data application was being typed the following day, and consideration was being given to walking the application through. He explained that it will have to go through County, State and Federal offices and could take from 30-45 days. He added that Staff was hopeful of recovering 90-95% of the total expenditures made by the City plus 75% of the money the City anticipated spending within the next 60 days on repairs. November 18, 1976 Page 5 Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-142. Motion carried unanimously. 2. Mr. Bouman stated that the Policy Element of the State Transportation Plan had been presented to the City as well as others in a Public Hearing held at City Hall. At that time, Staff had not had time to review the plan and that the first phase of the plan dictated the future of the transportation in the State. Staff has subsequently reviewedthePolicy Element and found several inconsistencies wherein rural areas and small communities such as ours might suffer. He requested that Council authorize him, Mr. Paul Williams, Mr. Hunter Cook, and others to assemble a document which in essence would be helpful by pointing out these incon- sistencies, what we think may be unrealistic plans, and pos- sible solutions. Council so authorized Mr. Bouman and Staff to prepare such a document to be sent to the State Department of Transportation. 3. Mr. Bouman explained that he had researched the resolution from Signal Hill wherein they were opposing the redistribution of sales tax revenue based on population. He pointed out that such a bill had been presented during the last legisla- tive session by Assemblyman Mori but that it had died. It will probably come before the Assembly again next year. In view of the fact that this would definitely hurt a City like Palm Desert, Mr. Bouman recommended that Council take action in opposition to such a bill. Councilman McPherson suggested that Mr. Bouman prepare a letter for the Mayor's signature, to be sent to the proper legislative repre- sentatives, expressing Palm Desert's opposition to this type of bill. Council so directed Mr. Bouman to prepare the letter. 4. Mr. Bouman advised that the City had a request from the Silver Spur Ranch Association residents for the City to accept a legal dedication of the streets in the Silver Spur Ranch as bonafide City streets and for the City to assume responsibility for the upkeep and maintenance of the streets in the future. The problem exists that these streets are not up to acceptable standards of other streets in the City. During the past week, Staff had met with represen- tatives of the Silver Spur Association and had outlined the City's feelings, making it clear that the City does require some good scientific background information on the present condition of these streets as they compare to our other streets. The Association now has a more clear understanding of the situation; they have agreed to work with the City in making tests of the street pavements in Silver Spur as well as other City streets for comparison purposes, and they will share in the costs of these tests. Thisis also being done with no promise from the City that we will accept the streets upon completion of the tests. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE COUNCIL None XVI. ADJOURNMENT Councilman Mullins moved and Councilman Newbrander seconded to adjourn Council meeting to executive session for the purpose of dis- cussing pending litigation. Motion carried unanimously. Mayor Brush adjourned to Executive Session at 8:45 p.m. November 18, 1976 Page 6 Mayor Brush reconvened the meeting at 9:35 p.m. Councilman McPherson moved and Councilman Newbrander seconded to adjourn the City Council meeting. Motion carried unanimously. Mayor Brush adjourned the meeting at 9:37 p.m. NOE . LUSH , MAYOV ATTEST: SHEILA R. GIL IGAN, £% ING CITY CLERK CITY OF PALM DESERT, CALIFORNIA November 18, 1976 Page 7