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HomeMy WebLinkAbout1976-10-28MINUTES CITY COUNCIL MEETING OCTOBER 28, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:05 October 28, 1976, in City Hall Council Chambers. II. PLEDGE - Councilman Jim McPherson III. INVOCATION - Mayor Pro-Tempore Ed Mullins IV. ROLL CALL Present: Absent: Councilman McPherson Councilman Mullins Councilman Newbrander Mayor Brush Also Present: p.m. Councilman Seidler Mr. Martin Bouman, Acting City Manager Mr. Hunter T. Cook, City Engineer Mr. David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS on Thursday, A. Appointment to the Planning Commission to fill the vacancy • created by the termination of Mary Kay Van de Mark's term. Mayor Brush advised that Council was not ready to take any action on this item yet. VI. CONSENT ITEMS A. MINUTES of the October 14, 1976, City Council Meeting. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-041, 77-042, and 77-043. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for Patricia J. & Terry H. Gomes and Marvin A. Martins for SHY TOWN PIZZA, 72-792 Highway 111, Space 1, Palm Desert, California. (Amended Application) Rec: Receive and file D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for Wing Lam Shou for CHINA GARDEN RESTAURANT, 73-196 Highway 111, Palm Desert, California. (Amended Application). Rec: Receive and file October 28, 1976 Page 1 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for Michael B. O'Donnel, Maria C. Palean, Patricia E. Swope, and William H. Coleman for TRANSYLVANIA ROMANIAN GOURMET CUISINE, 72-820 El Paseo, Palm Desert, California. Rec: Receive and file. F. LETTER from the City of Indian Wells Regarding Palm Desert Flood Study and September 10, 1976, Flooding. Rec: Refer to Staff and City Attorney for study. G. LETTER from Mr. J. E. Peddy, Department of Transportation, State of California, Regarding Improvement of Monterey Avenue. Rec: Receive and refer to staff. H. LETTER to Mr. J. A. Reid, 73-239 Buckboard Trail, Palm Desert, California, from Ronald B. Robie, Director of Department of Water Resources, Regarding the September loth Flood. Rec: Refer to City Attorney for action, if necessary. I. LETTER from the City of Norwalk Requesting the Palm Desert City Council to Adopt a Resolution Encouraging All Members of the California Contract Cities Association to Support the We TIP Program by Proclaiming the Month of November, 1976, as We TIP Month. Rec: Receive and file. J. LETTER AND REPORT from Thomas, Byrne & Smith Concerning Annual Audit of the Books and Records for the City of Palm Desert for the Period Ending June 30, 1976. Rec: Receive and file. Councilman McPherson moved and Councilman Mullins seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS None VIII. RESOLUTIONS A. RESOLUTION NO. 76-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR THE PERIOD OF JULY 1, 1976, THROUGH JUNE 30, 1977, FOR THE PURPOSE OF REFUNDING BUILDING EXCISE TAXES PAID IN FISCAL YEAR 1975-76 BY PALM DESERT VENTURE LTD. FOR A PROJECT TO BE ABANDONED. Mr. Bouman explained that this resolution was necessary in that it approved the refunding of building excise tax money collected in the previous year to Palm Desert Venture who had abandoned this particular project. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-124; carried unanimously. October 28, 1976 Page 2 B. RESOLUTION NO. 76-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO 76-12 ESTABLISHING UNDERGROUND DISTRICT #2, TO CHANGE THE CONVERSION DATE FOR THE UNDERGROUNDING OF BLOCKS R & S FROM NOVEMBER 1, 1976, TO JUNE 15, 1977, AND THE COMPLETION DATE FROM JULY 1, 1977, TO SEPTEMBER 1, 1977. Mr. Bouman pointed out that the originally established schedule had fallen behind for the undergrounding of two major blocks in the Redevelopment area. The utility companies had not been able to meet schedule for various reasons including the recent flooding. If the work were to begin now, it would be a serious inconvenience in that we are just beginning our tourist season. It was therefore recommended by Staff that the new schedule be approved. Mayor Brush indicated that the businesses had already suffered losses due to the recent flood and this would be another hardship for them. Councilman McPherson asked whether or not the cost of this undergrounding would be affected by the delay. Mr. Bouman stated that the cost would remain the same. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-133; carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS XII. NEW BUSINESS A. UNDERGROUNDING DISTRICT NO. 3: Request for the Formation of a District for the Undergrounding of Utility Lines on the West Side of Ocotillo Drive, Between El Paseo and Verba Santa Drive. Mr. Bouman explained that the proposed Undergrounding District contained 33 parcels on the west side of Ocotillo Drive, between El Paseo and Verba Santa Drive. During the last several months, there have been three approvals for multi -family dwellings along Ocotillo and this would be a likely time to form a district. Letters had been sent out to determine whether or not there was sufficient interest in this to warrant setting the project for a Public Hearing. Response to date has been 6 in support of the district and 1 indicating no interest; thus, Staff was recommending that Council set a Public Hearing. Councilman McPherson moved to direct the City Clerk to set a Public Hearing to hear protests on the formation of said district, said Public Hearing to be held on November 18, 1976. Councilman Newbrander seconded the motion; carried unanimously. October 28, 1976 Page 3 B. REQUEST for Authorization to Advertise for Bids for Contract 1003 for Community Park Lighting Project. Mr. Hunter Cook explained that this was the final part of the long project at the community park. The City has received approval from the State for the expenditure and the Staff was ready to go to bid. The lights will be located around the picnic areas and along the walk- ways. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-134, approving plans and specifications and establishing a date to receive bids. Motion carried unanimously. XIII. OLD BUSINESS A. APPROVAL OF AN ENGINEERING SERVICES CONTRACT for the Design of the Master Storm Drain Development Project. Mr. Cook outlined the proposed storm drainage project indicating that it encompassed enough work to expend $5 million which is the maximum amount which can be obtained from the grant. The project will solve the immediate drainage problems, even the smaller ones. In order to obtain the grant which will be for full 100% funding, the construciton must be under way 90 days after notification that the grant was issued. We have negotiated a contract with Wilidan/Housely and Associates to design this with the total estimated cost of the con- tract amounting to approximately $315,000. This will include processing of the application for the Public Works Employment Act Grant, design of the facilities, and special services required such as inspections, sur- veys, etc. The contract has been executed by the Mayor so that it could be included in the Grant application package, and Staff is asking Council's ratification of this action by adoption of Resolution bo. 76-135. Discussion ensued as to the expenditure of this money in the event that the City did not receive the Grant. Councilman Mullins stated that it was a Number 1 prior- ity in his mind and that the work had to be done. Councilman McPherson stated that we would have to do the work whether we got the Grant or not. Mayor Brush pointed out that the overall project for the whole City would cost about $15 million. If we had to do it with our own money, it would cost each homeowner about $1600 per year. Councilman Newbrander asked whether or not there were other grants available should we not receive this one and Mr. Cook advised that there were, and these sources were being investigated now. Councilman Mullins added that it might be a good idea if citizens wrote to their representatives requesting assistance for this area. Councilman Newbrander moved to waive further reading and adopt Resolution No. 76-135 authorizing the execution of the contract and also authorizing the insertion of a revised Page 7. Councilman Mullins seconded the motion; carried unanimously. A-2. RESOLUTION NO. 76-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE BUDGET FOR THE FISCAL YEAR 1976-77. Mr. Cook explained that in order to pay for the above contract, it would be necessary to transfer funds within October 28, 1976 Page 4 the 1976-77 budget. Resolution 76-138 provided for the necessary transfers. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-138. Motion carried unanimously. B. CONSIDERATION OF A FINAL MAP for Tract 6671-1 Located East of Portola at Catalina Way. Mr. Cook reported that the Final Map as presented conforms to the approved Tentative Map and that the owner plans to begin construction immediately. The project is a condo- minium development located east of Portola Avenue at Portola Avenue at Catalina Way. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-138, approving the final subdivision map of Tract 6671-1, accepting dedications thereon, and approving the standard subdivision agreement relating thereto. Motion carried unanimously. C. REPORT FROM CITY ATTORNEY REGARDING THE TAXICAB FRANCHISE. Mr. Erwin advised that the problems had been worked out with the taxicab company's insurance carrier and that it had not really been the fault of the taxicab owners. He advised that Council had all received copies outlining the problems from the insurance carrier. Mr. Erwin stated that Council did have the right to schedule a public hearing to review the possibility of the franchise; however, in this case, he felt it was evident that the fault was with the insurance carrier. Councilman Newbrander asked how often the franchise was reviewed and Mr. Erwin advised on a yearly basis. Mr. Erwin pointed out that even though the insurance had been reinstated, he noted that the City had not been named as a coinsured. He would therefore investigate and be sure that the City's name was added. Councilman McPherson stated that it appeared the cab company was a victim of circumstances beyond its control. Inasmuch as the City was not notified by the insurance carrier of the cancellation of the insurance, the cab company owners should be commended for doing so. He felt that no further action was necessary and Council agreed. No formal action was necessary. D. REPORT from the City Engineer Regarding the Traffic Signal at Highway 111 and Deep Canyon. Mr. Cook reported that the contract for the signal had been awarded to a firm in Anaheim and subsequently, the firm had filed bankruptcy. The Receiver apppointed by the State had not yet decided whether to go ahead with the contract, turn it over to the bonding company, or default. Mr. Cook stated that he was in daily contact with Caltrans and hopefully would have an answer within the week. E. REPORT from Administrative Assistant Relative to the Fly, Mosquito, and Gnat Problem in the City. Mr. Bouman advised that the report was not quite finalized and asked that it be continued to the meeting of November llth. Council agreed. October 28, 1976 Page 5 XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. City Manager 1. RESOLUTION NO. 76-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING AN APPEAL OF A PLANNING COMMISSION DENIAL FOR A VARIANCE FROM SECTION 25.31-4 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW THE CONSTRUCTION OF TWO (2) TWO-STORY APARTMENT BUILDINGS IN THE R-3, S.P. ZONE DIS- TRICT, ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PORTOLA AVENUE, SOUTH OF FLAGSTONE LANE. CASE NO. VARIANCE 03-76. Mr. Bouman explained that Council had approved this appeal at the last Council meeting and that this was merely an approval of the variance. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-130. The following vote was cast: AYES: McPherson, Mullins, & Brush NOES: Newbrander ABSENT: Seidler ABSTAIN: None 2. RESOLUTION NO. 76-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT 8071, AND APPROVING THE AGREEMENTS RELATING THERETO. Mr. Bouman asked Mr. Cook to explain. Mr. Cook indicated that this action had been somewhat delayed on the part of City Staff due to the heavy workload involved in the flood application filing. He stated that the applicant had approached him stating that if he did not receive his final approval, he was in danger of losing his loan. Mr. Cook pointed out that the Final Map did conform to the approved Tentative Map and that the owner planned to begin construction immediately. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-137 approving the Final Map of Tract 8071 and authorizing the Mayor and City Clerk to execute the required agreements; carried unanimously. B. City Attorney Mr. Erwin advised that four more claims had been received from the following claimants: Alfred De Freitas and Albert B. Freitas 77-114 Iroquois Drive Indian Wells, California B & E, Inc. (Elaine Corse Falconer) 77-151 Iroquois Drive Indian Wells, California Frank McIntosh 77-123 Iroquois Drive Indian Wells, California $40,000.00 $70,000.00 $70,000.00 October 28, 1976 Page 6 Edward & Joliene Fels 72-930 Skyward Way Palm Desert, California $30, 000. 00 Mr. Erwin pointed out that these claims had been sent by the same law firm as those received at the last Council meeting. His recommendation was to deny the claims. Councilman Newbrander moved and Councilman Mullins seconded to deny the claims and so notify the claimants. Motion carried unanimously. Mr. Erwin indicated that Council should adjourn the Executive Session following the meeting to discuss pending litigation. C. Mayor and City Council None XVI. ADJOURNMENT Councilman McPherson moved and Councilman Mullins seconded to adjourn to Executive Session immediately following the Redevelopment Agency meeting; carried unanimously. Mayor Brush adjourned the meeting at 8:05 p.m. Mayor Brush reconvened the City Council meeting at 10:30 p.m. Councilman McPherson moved and Councilman Mullins seconded to appoint Mr. Martin J. Bouman as City Manager, effective November 1, 1976, at a salary of $32,500 per year. Motion carried unanimously. Councilman Mullins moved and Councilman Newbrander seconded to adjourn the meeting. Motion carried unanimously. Mayor Brush adjourned the meeting at 10:35 p.m. NOEL J. B ATTEST: i SHEILA R. GILLI AN, Acti _ City Clerk City of Palm Desert, California October 28, 1976 FSH, MAYOR Page 7