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HomeMy WebLinkAbout1977-10-27MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:05 p.m. on Thursday, October 27, 1977, in City Hall Council Chambers. II. PLEDGE - Councilman Roy Wilson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Brush Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: Absent: Councilman McPherson (Excused) Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Hunter T. Cook, City Engineer Paul E. Byers, Director of Management Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the October 13, 1977, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-032, 78-033, 78-034, and 78-041. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR THE MONTH OF SEPTEMBER, 1977. Rec: Approve as presented. D. REQUEST FOR FINAL PAYMENT to I. Harold Housley, Consulting Engineer, for the Recommended Master Drainage Plan. Rec: Adopt a motion authorizing the City Treasurer to make a final payment to I. Harold Housley for preparation of the Master Drainage Plan, in accordance with the terms of his contract. E. REQUEST FOR APPROVAL Of Travel Expense Claim for David J. Erwin, for One -Third of Expenses Incurred at the League of California Cities Meeting. Rec: Approve the Expense Claim and authorize the City Treasurer to make payment. October 27, 1977 Page 1 F. REQUEST FOR APPROVAL Of Change Order No. 1 to Contract 1006 Catalina Way Improvement Project. Rec: Adopt a motion approving Change Order No. 1 to Contract 1006 in the amount of $1,950.00, a decrease. G. REQUEST FOR AUTHORIZATION For the City Engineer to Request Certain Records from the County of Riverside. Rec: Authorize the City Engineer, by Resolution No. 77-120, to request transfer of certain records from the County. Councilman Newbrander moved and Councilman Brush seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. TT 11207 - COMPTON, RUSSIE AND ROOT: Request for Approval of a Tentative Tract Map Creating a 10-Lot Subdivi- sion for a 9-Unit Condominium Project To Be Located on a 1.53 Acre Parcel on the West Side of Verba Santa Drive and South of Pitahaya. Mayor Mullins declared the Public Hearing open. !Ir. Williams reviewed the Staff Report for Council stating that as the subject parcel is located in a highly developed area and only involved approximately 1-1/2 acres, no major issues ever arose during the review of either the Development Plan for this project or the Tentatitve Tract. The one minor issue that was brought to the attention of the Commission was the question of having the street private or public. Staff pointed out that as the streets at both ends of the subject street are private, the subject street should also remain private. Further, as any sidewalks installed would not be connected to any public streets and as a need for side- walks in the subject area could not be demonstrated, Staff was not recommending that sidewalks be installed. The Staff recommended approval of the Tentative Tract Map by Resolution No. 77-117, subject to conditions. :Mayor 'Mullins invited input in FAVOR of the project. :.MR. CHARLES ROOT, 45-360 Ocotillo, addressed Council as one of the developers, stating his concurrence with the Planning Staff and Commission and expressing his sincere thanks to the Staff for their cooperation. He pointed out that this project was an extention of Montecito and that due to ill- ness, the original developer had been unable to complete these 9 units. Mayor Mullins invited input in OPPOSITION to the project and none was offered. The Mayor declared the Public Hearing closed. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-117, approving the Tentative `lap, subject to compliance with conditions. 'lotion carried unanimously with the members present. B. 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. Mayor Mullins declared the Public Hearing Open. Mr. Williams advised that the City Clerk had received a telephone request from Ir. Frank Hamerschlag, Engineer for the project, requesting a continuance of the hearing until the next meeting inasmuch as the developers could not be present for this meeting. October 27, 1977 Page 2 Mayor Mullins asked for input in FAVOR of the project and none was offered. Mayor Mullins asked for input in OPPOSITION to the project and none was offered. Councilman Wilson moved and Councilman Brush seconded to continue the Public Hearing on the matter to the meeting of November 10, 1977. Motion carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 77-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING ASSESSMENTS ON PROPERTY OWNERS IN SAID CITY, FOR THE ABATEMENT OF WEEDS AND OTHER NUISANCES, Mr. Bouman explained that since Agenda preparation, two of the six parcels listed had been paid. This resolution would authorize the City to proceed with assessment procedures which would make the property owners pay for the abatement of their property plus a 20% administrative fee, Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-116. Motion carried unani- mously with the members present. B. RESOLUTION NO. 77-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING A HEARING ON A PROPOSAL TO EXTABLISH AN UNDERGROUNDING DISTRICT ALONG THE WEST SIDE OF MONTEREY, NORTH OF PARKVIEW DIRVE, AND AUTHORIZ- IJG TRANSFER OF $18,600 FROM THE UNAPPROPRIATED FUND BALANCE TO ACCOUNT NO. 11-4990-801 (UNDERGROUNDING MONTEREY AVENUE NORTH OF PARKVIEW). Mr. Williams reviewed the Staff Report for Council, explain- ing that three property owners were involved - Rancho Las Palmas, the Church of the Latter Day Saints, and a third, unknown, property owner. With the completion of this undergrounding requirement, there would remain four poles between the Rancho Las Palmas project and Parkview Drive. Over the last three months, the Staff has been reviewing the possibility of accomplishing the undergounding of the remaining four poles north of Parkview Drive. This would clean up the utilities from south of Avenue 44 to the northerly City limit line on Monterey Avenue. This was directed by the City Council when they applied this require- ment to Rancho Las Palmas. Mr. Williams reviewed the time involved, limited alternatives, financial analysis, finan- cial source, and the Staff recommendation, Justification for the recommendation was based on the fact that Monterey Avenue has become one of the major entrances to the community and the removal of the overhead utility lines north of Parkview Drive will substantially improve the appearance of this entry way, Also, while it normally is the desire of the City Council to obtain undergrounding in undeveloped areas of the community by requiring the developers as a part of development of the undergrounding, the Council believes that the unique circumstances of this particular situation necessitates the City Council to consider this utilization of the underground district approach to accomplish the total removal of overhead facilities in this area. Mr. Williams noted that the proposed Resolution No. 77-119 should be amended to reflect a hearing date of December 8, 1977, and at least 15 (fifteen) days prior notice would be given. Councilman Newbrander moved to waive further reading and adopt Resolution No. 77-119. Councilman Brush seconded the motion; carried unanimously with the members present, October 27, 1977 Page 3 IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 168 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR CODIFICATION OF THE ORDINANCES OF THE CITY OF PAL'! DESERT. Mr. Bouman advised that this was second reading and Staff had no further input. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 16G. Motion carried unanimously with the members present. B. ORDINANCE NO. 169 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP. CASE NO. C/Z 06-77. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 169. Motion carried unanimously with the members present. C. ORDINANCE NO. 170 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE 107, THE PALM DESERT ZONING MAP. CASE NO. C/Z 07-76. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 170. Motion carried unanimously with the members present. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT 1011 - FLOOD DAMAGE IN CONJUNCTION WITH FDAA. Mr. Cook explained that bids had been opened that morning and that Allred a Kyser Construction Company had been the low bidder at 27,557.00, 2-1/2% below the Engineer's estimate. The contract will cover reconstruction of flood -damaged streets in the City ranging from the replacement of a few square feet of paving to the rebuilding of entire intersec- tions and the replacement of over 500 lineal feet of curb and gutter. This work will be financed by the Federal Disaster Assistance Administration. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-121, awarding Contract 1011 to the lowest bidder. Motion carried unanimously with the members present. XIII. OLD BUSINESS A. REQUEST FOR ADVANCE OF $18,905 to the Sunline Transit Agency. Mr. Bouman explained that in the City's adoption of its budget and subsequent action, we authorized Sunline Trans- portation Agency to claim $51,000 of the Cityts Local Transportation Fund from the State to support its operation. The problem is that Sunline cannot get this money for several months. In the meantime, they are asking us to advance them a part of that money to sustain their operation until their own funds come through. In essence, it is a loan to Sunline by members of a portion of our commitment to them, and it October 27, 1977 Page 4 will be repaid. Councilman Newbrander moved to authorize the City Treasurer to advance the amount of $18,905 to the Sunline Transit Agency for adoption of Resolution No. 77-122. Motion carried unanimously with the members present. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman reported that Staff had been working with Mr. Lee Norwine of Sunline and the Palm Desert Chamber of Commerce, and we will begin next month, November, to give wide -spread publicity to Sunline during this month. Rides on the Palm Desert bus will be free during the month of November, and flyers will be available at prominent places in the City and additionally, some paid ads will be taken out in local newpapers announcing the promotional program. The intent is to familiarize people with the bus and its schedule and encourage people to use it. Mayor Mullins stated that he felt that there are many people who do not know we have a bus or about the back- bone system, and this type of promotion should help a great deal. 2. Mr. Bouman asked the Council to, by minute motion, ratify an action taken in which the time and place for the public hearing on San Pablo was changed after the Resolution No. 77-115 had been adopted. The Resolution indicated the date of October 27, 1977, at 7:00 p.m. However, it was learned that the public hearing could not be held until 15 days after the adoption of the resolution, and therefore the City Clerk had caused the date to be changed to October 28, at 11:00 a.m. Councilman Wilson moved to ratify the amendment to Resolution No. 77-115, changing the date and time of October 27, 1977, at 7:00 p.m. to October 28, 1977, at 11:00 a.m. Motion carried unanimously with the members present. 3. Mr. Bouman stated that Council would recall that at the last meeting Mr. John Stratton had appeared telling us about the fact that his place of business had suffered 3 burglaries in which there was a large amount of mali- cious damage or vandalism. The Council had instructed the Manager to move ahead and meet with representatives of the Sheriff's Department. Mr. Cook and Mr. Bouman had since done this and it was a very productive meeting. Mr. Bouman pointed out that Mr. Cook was present due to the extreme amount of vandalism occuring in the Community Park. The Sheriff's Department reported that they have already undertaken steps to alleviate these conditions in the City. It appears that most of these actions of malicious damage are being done by youngsters between the ages of 10-14 years old. In order to get a better insight to the problem, the Sheriff's Department has undertaken a stop and identify procedure where anyone of a suspicious nature, usually between the hours of 6-9:00 p.m., will be stopped and asked for identifica- tion. Lt. Froemming feels that in the 3-4 weeks that they have been doing this, it has paid off. They are looking to the parents, the schools, and the City to be aware of this and to assist in the problem. Mr. Bouman concluded by stating that Staff felt encouraged, and a Study Session for the Council to meet with the representatives of the Sheriff's Department will be scheduled for sometime during the next two weeks. October 27, 1977 Page 5 cn 4. Mr. Bouman reported that the previous Tuesday, Staff and some of the Council had held the first in a series of neighborhood meetings with residents of the north - side of Palm Desert to alert the residents of what the City plans to do, both in terms of short and long-range solutions to the drainage problems. Results were not necessarily all good in that people want results imme- diately. The City Engineer is in the process of pre- paring plans within our budgetary limitations, and it looks extremely optimistic that before the end of the year, we can take a major step in solving the problem in some of those areas that most need it. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson stated that he felt the neighborhood meeting had been very worthwhile, and he hoped that this type of meeting could continue. Councilman Wilson pointed out that the meetings listed on the Agenda should be corrected to reflect that the Study Session of November 3, 1977, would be a Joint City Council/ Planning Commission Study Session to commence at 5:00 p.m. Mayor Mullins pointed out that the November 3rd Joint Study Session would be to review the City's total processing procedure related to development projects. The goal is to improve and streamline the process, if possible. Then another Joint Study Session will be held at 5:00 p.m. on November 17, 1977, in Council Chambers, to hear from various citizens involved in land development who are familiar with the City's present procedures. It is the hope of Council that the result of these study sessions will be a more efficient and responsive operation on the part of the City. Councilman Brush stated that he knew that there were some individuals who were invited to take part in these meetings. However, he stated that he assumed that if there are any other people who want to make comments that they could also attend and be heard. Mayor Mullins concurred that anyone wishing to attend and make constructive remarks would be heard. XVI. ADJOURNMENT Councilman Newbrander moved and Councilman Wilson seconded to adjourn the Regular Meeting of the City Council to Friday, October 28, 1977, at 11:00 a.m. in City Hall Council Chambers for the purpose of conducting a Public Hearing on a proposed vacation of a portion of San Pablo. Motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at 7;45 p.m. % ^ � //14 /EDWARD D . ''MULLINS , MAYOR ATTEST: SHEILA R. GILLCIRK CITY OF PALM DESERT, CALIFORNIA October 27, 1977 Page 6