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HomeMy WebLinkAbout1977-11-10MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 10, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins convened the City Council meeting at 7:05 p.m. on Thursday, November 10, 1977, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Brush Councilman McPherson Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Management Services Hunter T. Cook, City Engineer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council on October 27, 1977. Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of the City Council on October 28, 1977. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-042 and 78-043. Rec: Approve as presented. D. AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 1977. Rec: Approve as presented. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE For M'Lord and Lady Inn, 45-640 Highway 74, Palm Desert, California, By Joseph A. Carrabus, Valerie Pohatu Carrabus, and Pearl N. Goldman. Rec: Receive and file. November 10, 1977 Page 1 F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE For Circle K Food Store, 45-200 Portola, Palm Desert, California, By Circle K Corporation and David J. Sirkus. Rec: Receive and file. G. PETITION FROM RESIDENTS WITHIN THE COMMUNITY SERVICES DISTRICT Requesting the City Council To Make Application to LAFCO To Either Merge the Palm Desert Community Services District With The City of Palm Desert or Have the Palm Desert Community Services District Become a Subsidiary District To The City. Rec: Refer to the City Manager for study and report. H. LETTER OF APPRECIATION From Silver Spur Mobile Manor Thanking the City for Providing the Sunline Bus. Rec: Receive and file. I. REQUEST FOR APPROVAL For Authorization for the City Engineer and the Director of Management Services to Represent the City in Acquiring Federal Surplus Property. Rec: Approve by adoption of Resolution No. 77-127. Councilman Brush requested that Items G & H be removed for dis- cussion under Section X, Consent Items Held Over, and Councilman Wilson requested Item A be removed. Councilman Brush moved and Councilman McPherson seconded to approve the reaminder of the Consent Calendar as presented. 'lotion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. TT 11215 - PORTOLA GOLF RANCHOS: Request for Approval of a Tentative Tract Map To Create 201 Lots Within an Existing Mobile Home Subdivision Generally Located East of Portola Avenue and South of Avenue 42 in the R-M Zone. (Continued from the meeting of October 27, 1977). Mr. Williams reviewed the Staff report indicating that the project proposed was for 3.35 units to the acre on a 5,000 sq. ft. minimum lot size. He pointed out that the primary issue of discussion with the Planning Commission had been the perimeter streets, namely: Portola, 42nd Street, and Rebecca. The original Conditions of Approval required the applicant to improve all of the perimeter streets. The City Engineer justified this requirement by stating that the County Master Plan showed 42nd Street going through; that there is a subdivision to the east that has no access to Portola, and for good circulation patterns,these streets are needed. The applicant indicated that it was not so much a question of whether the streets are needed, but when they are needed. He felt that the present circumstances did not warrant street improvements. Mr. Williams continued that the Planning Commission had also expressed concern over blowsand problems and street dedications. He pointed out that all of the issues under discussion had been worked out in a compromise with Condi- tions 12 and 13. Mayor Mullins invited input in FAVOR of the project. MR. RICHARD ARNOLD, 38-551 Cactus Lane, Palm Desert, addressed Council on behalf of the developer requesting a further con- tinuation of the Hearing to allow his people to meet with the Council in Study Session as well as further meetings with Staff. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. November 10, 1977 Page 2 Councilman McPherson moved and Councilman Newbrander seconded to continue the Public Hearing to the meeting of December 1, 1977. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 1978, FOR ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. The City Clerk reported that in accordance with State law, all general law cities will hold their municipal elections on the second Tuesday of March of even numbered years. Palm Desert will hold their next Councilmanic election on March 7, 1978, to fill the expired terms of 3 council seats. The resolution calls the election and sets forth certain provi- sions for the conduct of said election. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-124. Motion carried unanimously. B. RESOLUTION NO. 77-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO ELECTORATE AND COSTS THEREOF FOR GENERAL MUNICI- PAL ELECTION TO BE HELD ON MARCH 7, 1978. The City Clerk reviewed the resolution with the Council indicating that Section 2 was somewhat different from past policy in that the City will provide Spanish translations to only those registered voters who have so requested them. This will be far more economical for the City. Section 4 provides that each candidate filing a statement of qualifi- cation shall be billed for all cost of printing and handling. Because of the recent Attorney General's ruling, both the City Attorney and the City Clerk recommended that the candi- dates not be charged for any translation costs, unless the candidate specifically requested that the statement be translated and mailed to every registered voter. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-125. Motion carried unanimously. C. RESOLUTION NO. 77-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO PERMIT COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF PALM DESERT RELATING TO CONDUCT OF GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 1978. The Cily Clerk stated that this was a standard resolution authorizing the contracting with the Riverside County Elec- tions Department for certain services which the City is unable to perform. The cost has been established at 51 per registered voter, an amount which is less than normally charged in that the City Clerk's office will be handling a goodly portion of the election. The City has utilized the services of the County in the past and found them to be exception and far more economical than other quotations received. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-126. Motion carried unanimously. November 10, 1977 Page 3 D. RESOLUTION NO. 77-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE CITY BUDGET FOR THE 1977-78 FISCAL YEAR TO ADD THE AMOUNT RECEIVED FOR THE SECOND QUARTER TO THE ANTIRECESSION GRANT PROGRAM. Mr. Bouman advised that at the time the budget was adopted, we didn't know how much the Grant would be. Since the funds come in quarterly, we must then amend the budget to accept them. The funds will continue to be used for park and parkway as well as street maintenance. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-128. Motion carried unani- mously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER A. MINUTES of the Regular Meeting of the City Council on October 27, 1977. Councilman Wilson requested that the minutes be amended on Page 6, Item C, to indicate that a Joint Study Session of the City Council and the Parks and Recreation Commission was scheduled for 7:00 p.m. in the Council Chambers. Councilman Brush moved and Councilman Wilson seconded to approve the minutes as amended. Motion carried by the following vote: AYES: Brush, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: McPherson G. PETITION FROM RESIDENTS WITHIN THE COMMUNITY SERVICES DISTRICT Requesting the City Council To Make Application To LAFCO To Either Merge The Palm Desert Community Services District With the City of Palm Desert or Have the Palm Desert Community Services District Become a Subsidiary District To The City. Councilman Brush stated that he had asked that this be removed for discussion to explain the feelings of the Council on this issue. He stated that everyone should understand that the Council is not at this time jumping into taking over the Community Services District. The petition was received from interested citizens, and the City Council is trying to determine what is best for the City and the citizens involved. Thus the direction to the City Manager for study and report. Councilman Newbrander agreed that many people might get the wrong impression from the petition, and reiterated that it was not the City's intent to jump in and take over the Com- munity Services District. She pointed out that the City had tried to form assessment districts for curbs and gutters on the northside and that response was primarily very negative. Mr. Bouman pointed out that he was the person responsible for the City's budget and making the City come out in the black at the end of the year. He stated that the study associated with this request is one that will have to be done in considerable depth. No one should think this could be done in a hurry. He stated concern in the wording of the petition in that there was an implication there that since the Community Services District would not raise the money, that the City could. He pointed out that the City November 10, 1977 Page 4 probably could not either. The study will have to look at all of these things. Councilman Wilson moved to refer the matter to the City Manager for an indepth study and report to the Council. Councilman McPherson seconded the motion; carried unanimously. H. LETTER OF APPRECIATION From Silver Spur Mobile Manor Thanking The City for Providing the Sunline Bus. Councilman Brush stated that he had asked for discussion of this letter in that it was great to get a letter of apprecia- tion once in a while. Councilman McPherson, Vice Chairman of the Sunline Transpor- tation Committee, stated that the backbone system of Sunline had proved very successful. He pointed out that the City bus circles Palm Desert once an hour, and the month of November had been designated as a free -ride month to encourage people to use the bus and also to familiarize the citizens of Palm Desert with the system. He stated that circulars were being mailed out and were being placed in stores throughout the City to advise citizens of the bus schedule. Ridership had increased and the City hoped that it would continue. Councilman McPherson moved and Councilman Wilson seconded to receive and file the Letter of Appreciation. Motion carried unanimously. XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT 1014 - IMPROVEMENT OF SAN LUIS REY AVENUE FROM ALESSANDRO DRIVE TO CATALINA WAY. Mr. Cook, City Engineer, reported that this contract was for the improvement of San Luis Rey from Alessandro to Catalina Way. This is one of our major water carrying streets, and the contract will include installation of curbs and gutters which will be very much appreciated by the people in that area. Mr. Cook pointed out that this was the second phase of the Catalina Way project. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-129, awarding Contract No. 1014 to Matich Corporation in the amount of $57,753.60. Motion carried unanimously. B. REQUEST FOR APPROVAL Of Traffic Signal Maintenance Agreement With the County of Riverside Road Department. Mr. Cook reported that the County Council had recommended that the City upgrade the Maintenance Agreement now in existence. The cost will be the County's actual cost plus an administra- tive fee. The signals on the highways will still remain under the maintenance agreement with Caltrans. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-130, authorizing the Mayor and City Clerk to execute Agreement No. CA 1-77 with the County of Riverside for inspection and maintenance of traffic signals and highway safety lighting. Motion carried unanimously. C. REQUEST FOR ADOPTION OF MASTER DRAINAGE PLAN. Mr. Cook reviewed the Staff report relative to the Master Drainage Plan stating that the Plan was authorized by the City Council to update the previous plan for the area and that it now includes consideration of the effects of the flood and storms of September, 1976. The plan is based upon the assurance of the CVCWD that runoff from the mountains surrounding the City will be handled by their facilities. November 10, 1977 Page 5 Recommended alignments for a backbone drainage system which will provide the City with a level of "internal" flood pro- tection consistent with that of other communities are provided. He continued by reviewing how the system will handle runoff water. The estimated cost of the plan is $18,000,000 which includes $12,600,000 for drainage items and an additional $5,600,000 for surface improvements. Many of the surface improvements will be installed as part of the normal course of the develop- ment process; however, it would not be feasible to finance all of the drainage items in this manner. One of the potential sources of funds are area charges as authorized by the State Subdivision Map Act. A plan must, however, be adopted; thus, approval of the plan would allow the City to begin setting up the details to collect these fees. Mayor Mullins stated that this Drainage Plan was a long time in preparation, with much study and research given to it. He stated that it was a plan subject to change as required, yet a workable plan. The City does not have the funds now, but this Plan gives us something to work with. He again pointed out that the City's Drainage Plan has nothing to do with the flood control project of the Coachella Valley Water District. Councilman Brush pointed out that the City's budget was presently about $2,000,000, and even if the City utilized its entire budget, it would still take 9 years before we could accomplish the entire plan. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-131, establishing the Master Drainage Plan for the City of Palm Desert, dated June, 1976, with Amendments of January, 1977, prepared by I. Harold Houseley, Con - Suiting Engineers, as the official Master Drainage Plan for the City. ',lotion carried unanimously. D. REQUEST FOR APPROPRIATION To Establish In The 1977-78 Operating Budget a Portion of the Catalina Way Reconstruction Project in the Community Development Act Fund. Mr. Bouman reported that this was the on -again, off -again Housing and Community Development money. It is a Federal Block Grant which is funneled to the cities through the County. These monies are second year money. In the third year, the City of Palm Desert dropped out of the program and were told that we would not get second year money. However, we discovered that we would get these second year monies, and thus would like to use it on the Catalina Way Project. In so doing, Council will release $79,000 or more to put back into the Capital Improvement Budget. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-132, approving the appropriation and advancing funds in the amount of $79,400. Motion carried unanimously. XIV. ORAL COMMUNICATIONS MR. FRANK HOFFMAN, 73-840 Flagstone Lane, Palm Desert, addressed the Council stating that he had listened with interest to the report on the Master Drainage Plan. He suggested that the com- munity should get together, form a committee, and find a way to get the needed money and get done what is needed. He further offered his services to help form such a committee and work on it. November 10, 1977 Page 6 XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 77-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING THE 160 ACRE LIMITATION PROVISIONS OF THE 1902 RECLAMATION ACT. Mr. Bouman stated that the Reclamation Act had been passed some 75 years ago, yet had never been enforced. For some reason, it has been brought up again and the Federal Government is now going to enforce it. It limits farmers who are going to get Federal water to 160 acres of land. This could prove somewhat devistating to the entire western United States, particularly our own Coachella Valley. Resolution No. 77-133 expresses the Council's opposition to the 1902 Reclamation Act and, upon adoption, would be mailed to all legislators in our area as well as others who might be influential in reversing the Act. Mayor Mullins stated his strong concurrence with the importance of opposing the Act. Councilman McPherson concurred and suggested that the resolution also be sent to the Secretary of the Interior. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-133. Motion carried unani- mously. 2. RESOLUTION NO. 77-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR 1977-78, TRANS- FERRING THE AMOUNT OF $3,798 FRO?•I THE UNALLOCATED CON- TINGENCY RESERVE TO THE DEPARTMENT OF ENVIRONMENTAL SERVICES. Mr. Bouman stated that for the past 6 months, the City had employed Mr. Lloyd Morgan working under the CETA Program. Mr. Morgan had proved to be extremely valuable, and his services are very badly needed. Resolution No. 77-134 provides for a transfer of funds to the budget for the Department of Environmental Services, enabling them to hire 'Ir. Morgan permanently. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-134. Motion carried unanimously 3. RESOLUTION NO. 77-135 - A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 77-72, ESTABLISHING TABLE OF CLASSIFIED POSITIONS, AND SALARY RANGE ASIGNMENTS FOR CITY EMPLOYEES BY ADDING TWO NEW CLASS TITLES. Mr. Bouman reported that while we are losing one CETA position by employing Mr, Morgan permanently, we have the opportunity to pick up 3 others at no cost to the City, These would be 3 people assigned to the Building and Safety Department, and we will use them for record record retrieval and plan checking, The proposed resolu- tion adds these new positions as well as that of Mr. Morgan. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No, 77-135. Motion carried unanimously. November 10, 1977 Page 7 4. CHANGE ORDER NO. 2 TO CONTRACT 1006, CATALINA WAY PROJECT. Mr. Bouman reported that as a result of soil conditions at the job site, we have been able to change design speci- fications which will result in a decrease in the contract of $6,312. Change Order No. 2 approves this amendment. Councilman Newbrander moved to approve Change Order No. 2 to Contract No. 1006 in the amount of $6,312. Councilman Brush seconded the motion; carried unanimously. 5. RESOLUTION NO. 77-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING ANNEXA- TION OF TERRITORY TO SAID CITY KNOWN AS ANNEXATION NO. 4 - CITY OF PALM DESERT. Mr. Bouman stated that the City had received a petition for annexation of 750 acres known as Desert Squire. This is the latest project for the Sunrise Corporation. The property is located easterly of Monterey and north of the Whitewater Channel. The Director of Environmental Services has prepared this resolution, and if adopted tonight, the Staff will proceed with application to LAFCO for annexation proceedings. Mayor Mullins stated that he felt this was extremely positive for the City, and he knew Mr. Bouman and Mr. Williams had spent a great deal of time on it. Council- man Wilson stated that this would be an excellent oppor- tunity to work with the developer from the start rather than waiting and annexing an existing project. Councilman McPherson pointed out the other successful Sunrise developments in the Valley. Councilman Brush questioned whether or not the adoption of the resolution would commit us to annexation at this point. The City Attorney advised that before the City is committed, it will have to come back from LAFCO and the action Council then takes will be the commitment. Councilman McPherson stated that he thought the developer would got ahead with this project whether it was in the City or not. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-136. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Brush stated that he assumed the Staff would be in touch with Mr. Hoffman regarding his offer to assist in getting the drainage project off the ground. Councilman Wilson seconded the idea and urged Staff to explore whatever steps we can take to get some action going. Councilman Brush stated that he would like to see letters go to the newly elected members of the Board of Directors of the Coachella Valley Water District, urging them to work with us in flood control and other matters as well as with the City of Indian Wells. Councilman Wilson asked whether or not the Study Session with the developers of Portola Golf Ranchos would be noticed. Mr. Bouman assured him that it would be as soon as a definite date and time had been set. November 10, 1977 Page 8 Mayor Mullins requested that everyone note the future meetings listed on the agenda. XVI. ADJOURNMENT Councilman Brush moved to hold the next City Council meeting December 1, 1977, at 7:00 p.m. instead of November 24, 1977, at 7:00 Councilman Wilson seconded the motion; carried unanimously. on p.m. Councilman Wilson moved and Councilman McPherson seconded to adjourn the meeting; carried unanimously. Mayor Mullins adjourned the meeting at 8:17 p.m. /14 trip (2 IJWARb D.'MLL I NS , MAYOR ATTEST: ILA R. GI AN, CITY RK CITY OF PALM DESERT, CAL FORNIA November 10, 1977 Page 9