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HomeMy WebLinkAbout1977-08-11MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 11, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting of the City Council to order at 7:05 p.m. in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman McPherson Councilman Newbrander Councilman Wilson Mayor Mullins Absent: Councilman Brush Mayor Mullins noted that Councilman Brush had an "excused absence". Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Ralph Cipriani, Associate Planner Carlos Ortega, Assistant to the City Manager Paul E. Byers, Director of Management Services Clyde Beebe, Assistant Civil Engineer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the July 28, 1977, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-013, 78-014, and 78-015. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JUNE, 1977. Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By CIRCLE K CORPORA- TION, DOROTHY I. AND RICHARD L. HOLMAN, 44-775 San Pablo Road, Palm Desert, California. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By KARLA AND RICK SEIDNER for the EL PASEO SANDWICH SHOP, 73-990 El Paseo, Palm Desert, California. Rec: Receive and file. August 11, 1977 Page 1 F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By RANDALL L. GUYER AND JESSEE B. HAUGH for the DESERT WHARF SEAFOOD MARKET, 72-839 Highway 111, Palm Desert, California. Rec: Receive and file. G. CLAIM AGAINST THE CITY OF PALM DESERT From Cantillon & Can- tillon, Attorneys at Law, 9200 Sunset Boulevard, PH3, Los Angeles, California, Oh Behalf of Harold R. & Junette G. Leach in the amount of $111,927.37. Rec: Deny the Claim and instruct the City Clerk to so advise the claimants. H. CLAIM AGAINST THE CITY OF PALM DESERT from Cantillon & Can- tillon, Attorneys at Law, 9200 Sunset Boulevard, PH3, Los Angeles, California, On Behalf of Nancy Gagnon Winans in the amount of $108,965.50. Rec: Deny the Claim and instruct the City Clerk to so advise the claimant. I. LETTER REQUEST from the County Road Commissioner, Douglas Powell, Relative to the Release of Material and Labor Bond for Tract No. 4798. Rec: Accept the work as complete and advise the City Clerk to release the bonds immediately. J. LETTER from Eisenhower Medical Center Requesting Approval for the Eisenhower Medical Center to Construct and Operate a Heli- port. Rec: Refer to the City Manager for study of possible environmental impact. Councilman Wilson requested that Item J be withdrawn from the Consent Calendar and discussed under Section X, Consent Items Held Over. Councilman McPherson moved and Councilman Wilson seconded to approve the Consent Calendar as presented with the exception of Item J. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. JOINT PUBLIC HEARING OF THE PALM DESERT REDEVELOPMENT AGENCY WITH THE PALM DESERT CITY COUNCIL. 1. CASE NO. RPA 03-77, C.G. DUNHAM, Applicant: Considera- tion of Proposed Amendment to the Palm Desert Redevelop- ment Plan for Project Area No. 1., Ordinance No. 166, Amending Ordinance No. 80. Mayor Mullins explained the purpose of the Joint Hearing and called the meeting to order. Mr. Ralph Cipriani outlined the Staff Report indicating that the request was for the consideration of a proposed Amendment to the Land Use Map of the Redevelopment Plan for Project Area No. 1 to change the Land Use Designation from Medium Density Residential-1 (maximum of seven units per net acre) to Core Area Commercial for approximately 1.5 acres of land located southerly of and adjacent to El Paseo between Lupine Lane and Sun Lodge Lane. The proposed Amendment would be in keeping with the Land Use Element of the City's adopted General Plan which designates the subject site as "Core Area Commercial and Related Uses". August 11, 1977 Page 2 Mr. Cipriani stated that the entire block is presently zoned PR-6 reflecting the Redevelopment Agency's previous desire to break up the commercial strip along El Paseo by providing for uses other than commercial on certain blocks such as the subject block. At that time, the Redevelopment Agency believed it would be most beneficial to have the subject block developed as a single medium -density residential development which would result in the breaking up of the commercial strip, yet still be compatible with residential developments to the east, west, and south. This Amendment is part of a project aimed at developing the entire block on which the subject parcel is located. Staff's recommenda- tion was to approve the proposed amendment by adoption of Ordinance No. 166. Mayor Mullins declared the Public Hearing open and asked for input in FAVOR of the Amendment. MR. CURT DUNHAM, 73-210 El Paseo, Palm Desert, addressed the meeting as the applicant of the proposed amendment. He stated that he had no further input to offer but was willing to answer any questions the Agency or Council had. Mayor Mullins asked for input in OPPOSITION to the Amendment, and none was offered. The Mayor declared the Public Hearing closed. Councilman Newbrander stated that she hoped that when the plans for the buildings proposed for this property were submitted to the Design Review Board that they would be given very careful study. Sheila Gilligan, City Clerk, reported that legal advertisement of the Joint Public Hearing of the Palm Desert Redevelopment Agency and the Palm Desert City Council was published in both the Palm Desert Post and the Desert Sun on July 28th, August 4th, and August llth, for a total of six times. On July 29th, 315 legal notices were mailed certified mail to the property owners within the Redevelopment Area. The most current list of these property owners was obtained from the Riverside County Tax Assessor's Office. The only response received from this mailing was a telephone call on August 11, 1977, from a Mrs. Florence Hofmeister, 46 Sun Lodge Lane, indicating her strong approval of the proposed rezoning. Member McPherson moved and Member Wilson seconded to approve the Amendment to the Redevelopment Plan. Motion carried unanimously with the members present. Chairman Mullins adjourned the Redevelopment Agency meeting at 7:20 p.m. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 166 to second reading. Motion carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 77-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1977-78 BUDGET TO PROVIDE FOR AN INCREASE IN THE ANTI -RECESSION GRANT APPROPRIATION. Mr. Bouman reported that the Anti -Recession Program had been extended by the Congress and that the City had received a grant payment of $6,113.00 for this year's first quarter. He pointed out that the fourth quarter payment received in 1977-76 was $2,665.00. This resolution amends the current budget to provide for the increase in funds which will be spent in the same manner as the previous funds for parks and parkway maintenance, street median maintenance, etc. August 11, 1977 Page 3 Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-82. Motion carried unanimously with the members present. B. RESOLUTION NO. 77-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT 8237, APPROVING THE AGREEMENT RELATING THERETO. Mr. Bouman reported that this resolution was for the final acceptance of the Tract Map for Tract 8237 and the relating agreements. He stated that this tract is south of Magnesia Falls Drive extended between Deep Canyon Road and the Palm Desert Middle School. The tract conforms substantially to the Tentative Map as approved by the City Council on October 14, 1976. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-84. Motion carried unanimously with the members present. C. RESOLUTION NO. 77-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING A PRO -RATED REFUND ON BUSINESS LICENSE TAX FEES PAID FOR CALENDAR YEAR 1977, BY ABEL ELECTRIC. Mr. Bouman advised that a business license had been issued to an individual for this business and that the person had died shortly thereafter. Staff felt that since the license and business had been inoperative for over 10 months that a refund was appropriate and Resolution No. 77-85 provided for such a refund. RESOLUTION NO. 77-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE BUDGET FOR THE 1977/78 FISCAL YEAR TO PROVIDE AN APPROPRIATION FOR PAYING REFUNDS OF PRIOR YEARS' REVENUES. Mr. Bouman explained that this was a companion resolution to the resolution requesting a refund. He stated that by Resolution No. 77-86, an account would be established as "Refund of Prior Years' Revenues" with an amount of $3,000 appropriated, to be taken from "Unallocated Con- tingency Reserve". Since other refunds were anticipated during the year, this would eliminate the need for Council's approval of each budget amendment. However, Council would still approve each refund. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-85. Motion carried unanimously with the members present. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-86. Motion carried unanimously with the members present. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 165 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 24 OF SAID CITY RELATING TO PUBLIC NUISANCES. Mr. Bouman explained the City's present procedure for abate- ment of vacant lots and subsequent reimbursement to the City or possible tax lien to the property. He stated that in many cases, it would be much easier if the City abated the nuisance through criminal action rather than doing the work and trying to collect the money or going to tax lien if we are unable to collect the money. Mr. Bouman stated that August 11, 1977 Page 4 Staff felt it would be just as effective to have the City Attorney write the property owner advising them*of possible litigation if the nuisance were not abated and then, as a last resort, taking court action. If the property owners are local, this will probably encourage people to clean the lot themselves or have it done themselves. The ordinance will, however, leave both options to the City staff. Councilman McPherson asked whether or not the violator would have to bear the costs of litigation if the City took him to court. Dave Erwin advised that it would be up to the Court to decide this, but in a similar case, the City had borne the cost. Mr. Bouman pointed out that court action would be as a last resort in solving the abatement problem. However, with the present system of resorting to a tax lien to recover the City's money, it could take as long as 7 years to get it back. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 165 to second reading. Motion carried unanimously with the members present. For Adoption: A. ORDINANCE NO. 164 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING ORDINANCE NO. 58 OF SAID CITY RELATING TO TAXICABS AND RENT CARS AND ANY AMENDMENTS THERETO. Mr. Bouman advised that this was second reading to the ordinance and that he had no further input unless Council had questions. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 164. Motion carried unanimously with the members present. X. CONSENT ITEMS HELD OVER J. LETTER from Eisenhower Medical Center Requesting Approval for the Eisenhower Medical Center to Construct and Operate a Heli- port. Councilman Wilson pointed out that the City of Palm Desert's approval is not required by Eisenhower Medical Center to construct this heliport. Our concern is regarding the noise factor involved, and he suggested that it might be more appropriate to direct the City Manager to advise Eisenhower that the City does approve of the heliport and hopes that the noise activity will not increase as a result of it. The rest of the Council concurred and Mr. Bouman stated he would advise EMC. XI. CONTINUING BUSINESS None XII. NEW BUSINES None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None August 11, 1977 Page 5 XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 77-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1977-78 BUDGET TO PROVIDE FOR AN INCREASE IN MAJOR STREET REPAIR OF $8,650 AND AN INCREASE IN THE 1976-77 FUND BALANCE OF THE SAME AMOUNT. Mr. Bouman advised the a sum of $36,000 had been appro- priated in the 1976-77 budget for resurface work on cer- tain streets and that a contract had been awarded to Massey Sand and Rock for said work. However, completion of the work had found that there was a balance of $8,650. It was staff's recommendation, by this resolution, to request these monies be transferred to the 1977-78 budget to the account for Major Street Maintenance and to Street Supplies so that on certain streets, dirt shoulder areas could be stabilized. The streets under consideration for this work included San Juan Drive, Mimosa Drive, Arboleta Drive, Adonis Drive, and Gloriana Drive. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-87. Motion carried unanimously with the members present. 2. RESOLUTION NO. 77-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT 9129, APPROVING THE AGREE- MENT RELATING THERETO. Mr. Bouman explained that a great many problems had been worked out before presenting this final map. This included resolving drainage problems and the matter of the park dedication. The City has agreed to an $8,900 cash deposit until such time as the title of a 1.88 park site has been searched. The receipt of this park site will be a bargain for the City. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-88. Motion carried unanimously with the members present. 3. Mr. Bouman reminded the press and Council of the scheduled meeting of August 17, 1977, at 7:00 p.m. in Council Chambers for the purpose of answering questions regarding the northside assessment districts. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins asked that everyone note the future meetings listed on the Agenda. Councilman McPherson asked whether or not any thought had been given to urging the residents along the streets to receive the shoulder work to form a curb and gutter assess- ment district. Mr. Bouman stated that the Engineering Department had been in touch with these people as well as other areas and they were hoping that the newly formed district along Shadow Mountain Drive might be the kickoff for other district formation. August 11, 1977 Page 6 XVI. ADJOURNMENT With no further business to be brought before the Council, Council- man McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at 7:50 p.m. -72 LDITARD D. MULLINS , MAYOR ATTEST: _ SHEILA R. GILLIGAN, CI�' CLERK CITY OF PALM DESERT, CALIFORNIA August 11, 1977 Page 7