Loading...
HomeMy WebLinkAbout1977-09-22MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 22, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins convened the Regular City Council Meeting at 7:05 p.m. on Thursday, September 22, 1977, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Noel Brush Councilman Jim McPherson Councilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney Paul E. Byers, Director of Management Services Hunter T. Cook, City Engineer Carlos Ortega, Assistant to the City Manager V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF PLANNING COMMISSIONER To Fill The Expired Term of Mr. George Berkey. Mr. Bouman reported that two people had filed applications for the position on the Planning Commission. Mr. George Berkey had filed for reappointment and Mr. Richard Gordon, a resident and insurance broker. Councilman McPherson moved for reappointment of Mr. George Berkey and Councilman Wilson seconded the motion. Motion carried unanimously. Mayor Mullins noted the City's fortune to have Mr. Berkey serve again for a four-year term and also stated that he was sure that Mr. Gordon would be assigned to another committee and would be of great value to the City. B. APPOINTMENT OF MEMBER OF THE DESIGN REVIEW BOARD To Fill The Unexpired Term of Mr. Bill Hobbs, Recently Resigned. Mr. Bouman reported that one application had been filed for the Design Review Board, that of Phyllis Jackson, a local real estate broker. Councilman Brush moved and Councilman McPherson seconded to appoint Mrs. Phyllis Jackson to the Design Review Board. Motion carried unanimously. Mayor Mullins stated that the City was fortunate to have Mrs. Jackson's willingness to serve and that her interest in our com- munity as well as her knowledge would be invaluable. September 22, 1977 Page 1 V. CONSENT CALENDAR A. MINUTES of the September 8, 1977, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-023, 78-024, and 78-025. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR THE MONTH OF AUGUST, 1977. Rec: Approve as presented. D. REPORT FROM THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT. Rec: Receive and File. E. RESIGNATION of Mr. Bill Hobbs From the Design Review Board Effective October 1, 1977. Rec: Receive and accept with regrets. F. NOTICE OF CLAIM from RICHARD J. WILSON, ATTORNEY AT LAW, 73-081 El Paseo, Suite 1, Palm Desert, California, for Alleged Flood Damage to Property Owned by John M. and Gladys M. Velli in the Amount of $20,000. Rec: Deny the claim and direct the City Clerk to so advise the claimants. G. NOTICE OF CLAIM from SHARON BORNSTEIN, 74-430 Abronia Trail, Palm Desert, in the Amount of $64.05 for Damage Suffered by Her Car on an Allegedly Unrepaired City Street. Rec: Deny the claim and direct the City Clerk to refer it to the City's insurance company. Councilman Newbrander moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. Councilman Brush asked whether or not a letter would be sent to Mr. Hobbs thanking him for his participation on the Design Review Board and the Mayor assured him that this would be done. VII. PUBLIC HEARINGS A. CASE NO. TT 10900, ALFRED COOK, APPLICANT: Consideration of a Tentative Tract Map for a 10-Lot, Single -Family Residential Subdivision To Be Located At The Northeast Corner of Catalina and San Pasqual. Mayor Mullins declared the Public Hearing open. Mr. Williams reviewed the Staff Report with Council indicating that the request for approval was for a tentative tract map consisting of a 10-lot subdivision for single family resi- dences. He pointed out that the width of the lots falls short of the width required by the Zoning Ordinance, 2 lots 9' short and 2 lots 2' short, but the shortfall is within the amount permitted in order to obtain an adjustment. The applicant is proposing to dedicate an additional 5 feet on both Catalina Way and San Pasqual Avenue, resulting in a half -width of 30 feet for Catalina and 30 feet for San Pasqual. September 22, 1977 Page 2 Mr. Williams stated that the Planning Commission had received input from an adjacent property owner objecting to the project due to the fact that it would remove a 20' easement he had been using. The Council has since received a letter from Attorney Richard J. Wilson which states that he is prepared to file suite in Superior Court to Quiet Title to the 20' easement on behalf of his client, Francis H. Gamble (letter attached and made a part of these minutes as Exhibit "A"). Mr. Williams advised that Deputy City Attorney Jeff Patterson had, at the Planning Commission, advised that if the easement did exist, it was still a private matter between the applicant and Mr. Gamble and that the City had no juris- diction to rule on it. Mr. Williams stated that the Planning Commission did recommend approval of the Tentative Tract Map subject to several con- ditions. The applicant, in reviewing the conditions, felt that sidewalks were not needed on the cul de sac and was somewhat opposed to the installation of street lights. Staff recommended approval by Resolution No. 77-101, subject to the conditions as specified by the Planning Commission. Councilman McPherson asked Mr. Williams if the lot would be graded up so that it would drain towards San Pasqual and Mr. Williams advised that it would be. Mayor Mullins asked for input in FAVOR of the Tentative Tract Map. MR. ALFRED COOK, Applicant, addressed Council stating that in considering all of the conditions of the Planning Commis- sion and staff on the project, the only one he had difficulty accepting for this size project was the sidewalks on such a small cul de sac. He felt that sidewalks were not necessary in that very little traffic would be generated for their use. He asked that Council consider deleting the requirement for sidewalks on the cul de sac. Mayor Mullins asked for input in OPPOSITION to the Tentative Tract Map. MR. FRANCIS H. GAMBLE addressed Council as an adjacent property owner to the proposed project. He stated his opposition was not to the project but to the fact that the project did not allow him an access easement to his property. Mr. Dave Erwin advised that this was not a matter that the Council could settle. The matter would have to be decided in the courts. Mayor Mullins declared the Public Hearing closed. Councilman McPherson moved and Councilman Wilson seconded to approve the Tentative Tract Map by Resolution No. 77-101. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING EXCISE TAX REFUND COLLECTED IN FISCAL YEAR 1976/77. B. RESOLUTION NO. 77-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PERMIT REFUND AND APPROPRIATION FOR SAID REFUND TO ACCOUNT NO. 11-4970-000. C. RESOLUTION NO. 77-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PERMIT REFUND AND APPROPRIATION FOR SAID REFUND TO ACCOUNT NO. 11-4970-000. September 22, 1977 Page 3 D. RESOLUTION NO. 77-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PERMIT REFUND AND APPROPRIATION FOR SAID REFUND TO ACCOUNT NO. 11-4970-000. Councilman Wilson questioned the date on Resolution No. 77-102 indicating that either the year or month was wrong. Mr. Bouman advised that he would have the month corrected as it was obviously a typographi- cal error. Mr. Bouman requested the Council's adoption of all resolu- tions with one motion in that they all dealt with the same type matters, refunds of permits for the prior year that were not used. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution Nos. 77-102, 77-103, 77-104, and 77-105, with 77-102 being corrected to reflect the correct month. Motion carried unanimously. E. RESOLUTION NO. 77-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING TRAFFIC CON- TROL DEVICES AT VARIOUS LOCATIONS. Mr. Bouman stated that the City Engineer had made studies at various locations in the City to determine traffic flow and activity. The City Engineer is recommending stop signs as listed on the resolution. Councilman Newbrander pointed out that Flagstone Lane did not cross Fairway at any point and the resolution might be more clear if it read "at the fairway". The remainder of the Council agreed and the Clerk was instructed to so change the resolution. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-106. Motion carried unani- mously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT NO. 1012 For Maintenance and Repair of Various Streets to Low Bidder, Massey Sand & Rock Company. Mr. Bouman reported that bids had been received in response to a call for bids for resurfacing of a number of streets in the City, and he reviewed the streets. Massey Sand & Rock Company was the low bidder at $78,000, which was 1% below the Engineer's estimate. Staff recommended the award of the contract. Mr. Bouman also stated that this was recon- struction of streets rather than resurfacing of streets, and it was necessary to make this distinction. September 22, 1977 Page 4 Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-100, accepting the bid and authorizing award of Contract No. 1012 to Massey Sand and Rock Company in the amount of $78,000 for the reconstruction of various streets. Motion carried unanimously. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL of Notice of Completion for Work Com- pleted on Contract No. 1009, Massey Sand and Rock Company. Mr. Bouman reported that the work had been completed on this contract, that it had been inspected and found satis- factory to the City Engineer, and Staff was recommending to close the contract and make payment. Councilman McPherson moved and Councilman Newbrander seconded to (1) accept the work on behalf of the City; (2) instruct the City Clerk to file a Notice of Completion; and (3) instruct the City Clerk to release the bonds 35 days after the Notice of Completion has been filed. Motion carried unanimously. Councilman Wilson asked whether or not these were the streets involved with Council's approval for gravel along the shoulders. Mr. Cook advised that this work was not part of the contract and that bids had been received for the grav4?.1 work. However, they were grossly out of line, and the contract would probably have to be further reviewed and sent to bid again. XIV. ORAL COMMUNICATIONS Ms. Evelyn Young, 74-534 Driftwood Street, Palm Desert, addressed Council presenting an ashtray with the Queen's official seal on it. She thanked the Council for allowing her to be the City's embassary in presenting a proclamation to the Lord Mayor of London. XIV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman explained that Assessment District 77-1 for the installation of curb, gutter, and tie-in paving on Portola between Grapevine and Flagstone. The City Attorney has recommended our employing a special assessment attorney, and the City has prepared an agreement with F. MacKenzie Brown, Attorney at Law, for legal services in connection with this assessment district. His fees are standard and will be included in the total cost of the district and divided among the property owners involved. Staff recommended the adoption of Resolution No. 77-107 approving the agreement. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-107. Motion carried unanimously. 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. Mr. Williams pointed out two corrections to the meeting schedule: (1) There would be a joint meeting of the Planning Commission and the Design Review Board on the 29th of September at 4:30 p.m., and (2) the Planning Commission Study Session on October 4th would be held at 4:30 p.m. rather than the listed 5:30 p.m. September 22, 1977 Page 5 XVI. ADJOURNMENT Councilman Brush moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 7:44 p.m. �� 46 SWARD D .' MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY ERK CITY OF PALM DESERT, CALIFORNIA September 22, 1977 Page 6