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HomeMy WebLinkAbout1978-02-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, FEBRUARY 9, 1978 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins convened the Regular Meeting of the City Council at 7:05 p.m. on Thursday, February 9, 1978, 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 Mullins Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Clyde Beebe, Director of Public Works Carlos L. Ortega, Assistant to the City Manager V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT of Member to the City's Park & Recreation Com- mission To Fill Unexpired Term of Victor Clark, Resigned. Mayor Mullins announced the appointment of Mr. Robin Barrett to the Parks and Recreation Commission, indicating that the appointment was made by unanimous desire of the Council. Mr. Barrett addressed the Council making a brief statement of thanks for his appointment and assuring the Council he would do his very best for the Commission. B. PROCLAMATION Declaring the Week of February 12, 1978, as National Crime Prevention Week. Mayor Mullins read the proclamation for the benefit of the audience and presented it to Mr. Walter Clark of the Exchange Club. Mr. Clark extended sincere appreciation on behalf of the Exchange Club. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of January 26, 1978. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-072 and 78-074. Rec: Approve as presented. C. REQUEST FOR RELEASE OF MONUMENTATION BOND for Tract No. 5904. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. February 9, 1978 Page 1 D. REQUEST FOR RELEASE OF MONUMENTATION BOND for Tract No. 4489. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. E. REQUEST FOR RELEASE OF MONUMENTATION BOND for Tract No. 6229-3. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. F. REQUEST FOR RELEASE OF MONUMENTATION AND LABOR & MATERIAL BONDS for Tract No. 6229-1. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. G. REQUEST FOR APPROVAL OF LETTER DRAINAGE AGREEMENT for Lot 41, Tract No. 4980. Rec: By minute motion, approve the letter agreement. Councilman McPherson pointed out that on Page 4 of the minutes, Mr. Bill Tildon was listed as a speaker, and he passed away a few years ago. The speaker was Mr. Ray Martin, Bill Tildon Lane, Deep Canyon Tennis Club, Palm Desert. He asked that the Clerk so note and correct the minutes. Councilman McPherson moved and Councilman Brush seconded to approve the Consent Calendar as presented, noting the one minor change. Motion carried unanimously. VII. PUBLIC HEARINGS None VIII. RESOLUTIONS A. RESOLUTION NO. 78-11A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A TEMPORARY ADVANCE OF CASH TO THE FEDERAL REVENUE SHARING FUND FROM THE GENERAL FUND. Mr. Bouman reported that the beginning cash balance plus current year revenues of the Federal Revenue Sharing Fund were $60,570. The cost of the San Luis Rey Project, which is being funded with the Federal Revenue Sharing Fund monies, is $61,429.97 or $859.75 greater than the amount currently available. The City expects its next Revenue Sharing install- ment to be received on or about April 7th in the amount of $16,062.00. Resolution No. 78-11A provides an advance from the General Fund to cover cash obligations until receipt of this next installment. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-11A. Motion carried unanimously. B. RESOLUTION NO. 78-12 - 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 YEAR'S EXCISE TAX FUND REVENUES. Mr. Bouman explained that this resolution would establish a fund of $3,500 from which refunds may be issued to developers who decide not to go ahead with their project. All future refunds can be taken from this fund by simple minute motion of the Council. Councilman Wilson moved to waive further reading and adopt Resolution No. 78-12. Councilman McPherson seconded the motion; carried unanimously. Councilman McPherson moved to authorize the refund of $253.80 to Mr. William Dayton. Councilman Wilson seconded the motion; carried unanimously. February 9, 1978 Page 2 C. RESOLUTION NO. 78-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND RECORD QUITCLAIM DEEDS DEDICATING CERTAIN STREETS AS PUBLIC STREETS IN THE SILVER SPUR RANCH AREA Mr. Bouman reported that the Council and Staff has been working a long time in the coordination with the people of Silver Spur Ranch to make it possible to have their streets dedicated and put into the public street system. The streets have been tested and inspected and found to be in conformance with paving, strength, and design standards of most City streets. The dedication of these streets will help with law enforcement, uniformity of street maintenance, signing and marking, etc. The streets have been brought up to standard by the people of Silver Spur; however, the resolution does contain some reservations dealing with some concerns that still exist such as drainage. Mr. Bill Morrow of Silver Spur adressed the Council and expressed their thanks for the City's cooperation, and especially that of Mr. Bouman. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-13. Motion carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 181 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING CHAPTER 17 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT PLUMBING CODE" WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED, "UNIFORM PLUMBING CODE, 1976 EDITION", INCLUDING THE APPENDICES THEREIN CON- TAINED, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS. Mr. Bouman stated that this was another in a series of ordinances in which we are bringing our City Building Codes into conformance with State Code. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 181 to second reading. Motion carried unanimously. For Adoption: B. ORDINANCE NO. 179 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING CHAPTER 18 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT MECHANICAL CODE" WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CON- DITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED "UNIFORM MECHANICAL CODE, 1976 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED, PROMULGATED AND PUBLISHED BY THE INTER- NATIONAL CONFERENCE OF BUILDING OFFICIALS. Mayor Mullins stated that this was a second reading and asked the Council their pleasure. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 179. Motion carried unan- imously. February 9, 1978 Page 3 X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS A. REQUEST FOR APPROVAL of Final Map for Tract 11215 Located East of Portola Avenue and South of 42nd Avenue, Portola Golf Ranchos, Ltd. Mr. Beebe reported that the developer had met all conditions with the exception of submission of the required bonds, but he had 60 days within which to do so. Dave Erwin stated that the Final Map could be approved by the Council; however, the City Clerk would not sign the Final Tract Map until the necessary bonds had been sub- mitted to her. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-14, approving the Final Map for Tract 11215 and authorizing the Mayor and City Clerk to execute the required subdivision agreement. Motion carried unanimously. B. REQUEST FOR APPROVAL of Final Map for Tract 9144-1 Located at Deep Canyon and Avenue 44, Deep Canyon, Inc. Mr. Beebe reported that all conditions had been met by the developer and all bonds have been posted. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-15, approving the Final Map for Tract 9144-1 and authorizing the Mayor and City Clerk to execute the required subdivision agreement. Motion carried unani- mously. XIV. ORAL COMMUNICATIONS MR. GAR BREWTON, Southwestern Engineering Company, commended the Council on their selection of Mr. Clyde Beebe as Director of Public Works, stating that he had received excellent coopera- tion and assistance from Mr. Beebe and his department. XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega gave a report on the research of various appraisers for use in appraisal of property on Monterey that the City may purchase. He reported that, based on his research, he recommended an agreement with Mr. Roland Sweet, to be approved by Resolution No. 78-16. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-16. Motion carried unanimously. February 9, 1978 Page 4 Mr. Bouman reported that the City had learned that it would receive $150,000 from the Housing and Community Development Block Grant Program for the correction of drainage problems in the City. The particular project that has been approved would be for the correction of the serious drainage problem we have had in the area of Rancho Road and Buena Circle. This will be a $210,000 project, with the City's participation of $60,000 upon Council approval. That project will appear in the 1978-79 Fiscal Year Budget. The grant must still go through layers of approval, but we feel confident it will go through. In addition, Mr. Bouman reported, we expect to receive about $47,000 from that same fund in entitlement funds which we would normally get as a part of the program. Again, the City will match it with $40,000 to correct another drainage problem on San Pasqual Avenue. Mr. Bouman concluded by stating that it was nice to be able to report that we are continuing to chip away at our problem, and we will continue to do so with all money available. B. CITY ATTORNEY Mr. Erwin stated that he had received notification that he was supposed to be a part of the State Retirement Sys- tem. They have requested information from each of the cities that Mr. Erwin serves including the percent of time he serves in Palm Desert and the compensation he receives on a retainer basis. Mr. Erwin reviewed the respective time and compensation from 1974 to present. He concluded by stating that the Public Employees' Retirement System would need action from the Council, either in minute motion or resolution, indicating the percentage of time he spends in serving Palm Desert and the compensation he receives for this service. Councilman Newbrander questioned Mr. Erwin's being con- sidered an employee when he is on a contract basis. Mayor Mullins pointed out that this item was on the Study Session agenda, and inasmuch as Council would adjourn and go back into Study Session, action should be delayed until the Council had more time to review the matter. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman McPherson pointed out that Sunline was now off the "free ride" system. He stated that the rider- ship had increased during the free rides and had remained at an increased level now that fares were being collected. Councilman Wilson complimented Mr. Bouman for expediting the Joint Powers Agreement with the College of the Desert. He stated that perhaps we can get the programs going this summer. Mayor Mullins asked that everyone note the future meetings. XV. ADJOURNMENT Councilman Wilson moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 7:45 p.m. DWA'D D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, CICLERK CITY OF PALM DESERT, CALIFORNIA February 9, 1978 Page 5