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HomeMy WebLinkAbout1978-01-12MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 12, 1973 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins co:7N.ened the regular meeting of the City Council at 7:10 p.m. on January 12, 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 Ed Mullins Also Present: Martin J. Bouman, City Manager Doug Phillips, Deputy City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Management Services Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Mullins read a proclamation wherein he had proclaimed the month of January, 1978, as National Volunteer Blood Donor Month. Ms. Kathleen Hampton, Director of the Blood Bank, accepted the Proclamation, extending her appreciation to the Mayor and the Council for the cooperation. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of December 22, 1977. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-062 and 78-063. Rec: Approve as presented. C. LETTER OF RESIGNATION FROM'VICTOR D. CLARK from His Position of Park & Recreation Commissioner. Rec: Receive and accept with regret. D. ASSESSMENT DISTRICT 77-1, PORTOLA/FLAGSTONE. Rec: Adopt a motion rejecting all bids received for the works of improvement and the sale of bonds relating to Assessment District 77-1, pursuant to Resolution No. 77-143, abandoning the District. E. REQUEST FOR APPROVAL OF RELEASE OF CASH BOND FOR TRACT NO. 5277-1 WITH STANDARD SUBDIVISION BOND OFFERED AS SUBSTITUTION. Rec: Adopt a motion authorizing the substitution of a Standard Subdivision Bond for the Cash Bond presently in the City's possession. January 12, 1978 Page 1 F. REQUEST FOR APPROVAL OF MAINTENANCE SHfiVICE AGREEMENT Between Mr. Bill Monday and the City of Palm Desert. Rec: Approve the Agreement and authorize the City Manager to execute. G. REQUEST FOR APPROVAL OF GENERAL SERVICES AGREEMENT Between the County of Riverside and the City of Palm Desert. Rec: Approve the Agreement, ratifying the action of the Mayor. H. REQUEST FOR PALM DESERT COMMUNITY THEATRE Requesting Council's Consideration and Approval of a Bingo Ordinance. Rec: Reaffirm Council position of February 10, 1977. Councilman McPherson requested that Item C be removed from the Consent Calendar for discussion under Section X, Consent Items Held Over, on the Agenda. Councilman Newbrander moved and Councilman Wilson seconded to approve the Consent Calendar with the exception of Item C. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. GPA 02-77 (EIR) - THE CITY OF PALM DESERT, Applicant: Consideration of the Final Environmental Impact Report for the College of the Desert Area Specific Plan. Mayor Mullins delcared the Public Hearing open. Mr. Williams presented the Staff Report, indicating that the EIR was prepared in conjunction with the COD Specific Plan. Copies were sent to 105 agencies and 45 residents for comment. Mr. Williams reviewed the comments and concerns received as a result of the distribution, including the major concern of flooding, loss of open space, increased traffic, increased air pollution, noise pollution, municipal service demands, utilities and special district services, displacement and relocation, seismic hazard, and construction noise. Mr. Williams stated that after two public hearings on the Envirnomental Impact Report and incorporation of all of the responses, the Planning Commission, by Resolution No. 314, did recommend that the Council certify the EIR as complete. Staff recommended approval by Resolution No. 78-2. Mayor Mullins invited input in FAVOR of the EIR. Mr. Harry Deutsch, 73-141 Avenue 44, Palm Desert addressed Council inquiring about the exact area the COD Specific Plan covered. Mr. Williams outlined the area on the map. Mayor Mullins invited input in OPPOSITION to the EIR and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-2, certifying that the EIR is complete. Motion carried unanimously. B. CASE NO. GPA 02-77 - THE CITY OF PALM DESERT, Applicant: Con- sideration of an Amendment to the Palm Desert General Palm to Include the Provisions of the College of the Desert Area Specific Plan. Mayor Mullins declared the Public Hearing open. Mr. Williams presented the Staff Report indicating that this study had begun in January of 1975. A survey of the students was conducted in April, 1977, and subsequently included in the Plan, to determine the potential demand for student housing near the campus. The parks and open space program resulted from studies of both the College area and a preliminary city- wide master plan of parks. The Circulation Element was finalized January 12, 1978 Page 2 after review by the Departments of Public Works and Environmental Services. The Plan, through its recommen- dations on new parks, streets, and other public facilities attempts to achieve the main goal of the improvement of the overall residential environment of the College Area. Mr. Williams reviewed the community in -put procedures and comments received from neighborhood meetings held to review the Plan. He outlined the recommended changes to the Plan resulting from public input. These changes included the deletion of a neighborhood park on Monterey; reduction of land use densities; the reduction of the width of Monterey; the right-of-way width of Fairhaven Drive and the recommended financial plan. Mr. Williams pointed out that many, many hours had gone into this Plan including staff time for preparation and time given by residents who expressed their concerns. Staff recommended that the Council continue the Public Hearing to the meeting of January 26, 1978, to allow everyone who wished to speak on the Plan an opportunity to do so. Mr. Williams concluded by pointing out that Council had received a petition from 75% of the property owners in two existing subdivisions west of Monterey that their area be designated as single family rather than the existing R-2. Mayor Mullins invited input in FAVOR of the Plan. Mr. Russ Johnston, Vice President of the Palm Desert Property Owners Association, addressed the Council indicating that the Association had been very concerned with the drainage problem now and as future development will effect it. He stated that they had had over a month to review it and make subsequent comments. These comments had been received and reviewed by both the staff and Planning Commission and then incorporated in the Plan. He commended both Staff and the Commission for their work in preparing such an excellent plan. Mr. Harry Deutsch, 73-141 Avenue 44, Palm Desert, asked if the implementation of the Plan would increase his taxes. Mayor Mullins pointed out that the City had no property tax to raise. Mr. Milan Milkovitch, 43-905 Carmel Circle, Palm Desert, praised the plan, but expressed concern for the traffic increase on Avenue 44. Mayor Mullins invited input in OPPOSITION to the plan. Patricia McDermott, 72-921 Sonora Drive, Palm Desert, expressed concern over the lack of foot and bicycle paths in the entire COD Plan area. She indicated that the traffic is so heavy that walking is impossible. Mr. Williams pointed out the proposed foot and bicycle paths. Mrs. Rose Roberts, 73-095 Catalina Way, Palm Desert, asked if the proposed park on Monterey had been eliminated. Mr. Williams stated that one of the deletions incorporated by the Planning Commission was that of the park on Monterey. Mr. Robin Barrett, 44-393 Lingo Lane, Palm Desert, praised the Staff, the Planning Commission, and especially the residents of the City who contributed their time and input during review of the Plan with the Planning Commission. He stated that the whole city could sit back and take pride in this Plan. Mr. Kiger Barton addressed the Council Indicating that the Staff could be very proud of the C.O.D. Specific Plan and that it was a good plan. He stated that one change to be con- sidered was that of making Royal Palms Drive a cul-de-sac in that it would keep it more in a neighborhood concept. January 12, 1978 Page 3 Mr. Edwara Mitchell, 44-665 Las Palmas, Palm Desert, advised of a litter problem on Alessandro and San Gorgonio. Council- man McPherson advised him that the Code Enforcement Department would be able to clean these lots. Mr. Harry Deutsch, 73-141 Avenue 44, Palm Desert, adressed the Council regarding the heavy traffic on Avenue 44 and that it was getting as bad as Highway 111. Mr. Kiger Barton asked the Staff and Council if the water tank at the corner of San Pablo and Royal Palm Drive, owned by the Community Services District, could receive some land- scaping treatment to try to hide the tank. The Council commended the Staff and all the residents of Palm Desert who had attended the neighborhood meetingsand the Planning Commission meetings and given their input. Many changes had resulted from this input, and the community seemed more in agree- ment about the Plan. Councilman McPherson moved and Councilman Wilson seconded to con- tinue the Public Hearing to the meeting of January 26, 1978, to ensure that everyone wishing to speak on the Plan had an opportunity to do so. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 78-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE PURCHASE OF LAND FOR PARK PURPOSES, AUTHORIZING THE TRANSFER OF FUNDS FOR SAID PURCHASE, AUTHORIZING RECORDING OF TITLE AND AUTHORIZING PAYMENT FOR SUCH PURCHASE. Mr. Bouman reported that the land involved was immediately adjacent to Marrakesh on the northerly side of Haystack, westerly of Portola, and about 110' deep. The land will be used as a park development, primarily to be used as Open Space but with some facilities that would enable people to use the park for walking and bicycles. At the same time, the property would be graded to conform to the Master Drainage Plan to include a major drainage swale there. The cost of the property is $95,000 for a little over 5 acres. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-1. Motion carried unanimously. B. RESOLUTION NO. 78-3 - 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. Mr. Bouman pointed out that this was a housekeeping matter. Construction never commenced on this permit, and the developer was requesting a refund. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-3. Motion carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 176 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PERSONNEL SYS- TEM RULES AND REGULATIONS OF THE CITY OF PALM DESERT. Mr. Bouman stated that this was a project on which the Staff and Council have worked hard. It is a pulling together of various rules and regulations dealing with personnel practices. It is a comprehensive document and will be used by present employees as well as being a guide for new employees. He reviewed the various sections of the ordinance. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 176 to second reading. Motion carried unanimously. January 12, 1978 Page 4 IX. ORDINANCES For Adoption; A. ORDINANCE NO. 174 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CHANGE OF ZONE REQUEST AND AN AMENDMENT TO COUNTY CUP 1450E FOR A 225 ACRE PORTION OF THE SUBJECT PROPERTY AND A DEVELOPMENT PLAN ON A 20-ACRE PORTION OF THE SUBJECT PROPERTY. Mr. Bouman stated that this was second reading, and Staff had no further input. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 174. Motion carried unanimously. X. CONSENT ITEMS HELD OVER C. LETTER OF RESIGNATION FROM VICTOR D. CLARK from His Position of Park & Recreation Commissioner. Councilman McPherson stated that it was with sincere regret that the Council accepted Mr. Clark's resignation in that he had contributed invaluable assistance to the Park & Recrea- tion Commission with his participation. Councilman McPherson requested that a Resolution of Appreciation be prepared for presentation at the next Council meeting. Councilman McPherson moved and Councilman Brush seconded to accept Mr. Clark's letter of resignation with regrets. Motion carried unanimously. XII. NEW BUSINESS A. REQUEST FOR APPROVAL FROM RETIRED SENIOR VOLUNTEER PROGRAM for a Joint Powers Agreement between the City of Desert Hot Springs and the City of Palm Desert. Mr. Bouman stated that the City had received a request from R.S.V.P. to enter into a joint powers agreement with the City of Desert Hot Springs to share annual costs of maintenance and operation of the program. In reviewing the policy stated in Resolution No. 76-72, Staff did not feel they could make a recommendation. He pointed out that Mr. Henry Withrow had been invited to the meeting to make a presentation on the program. Mr. Henry Withrow, Director of R.S.V.P., adressed the Council and urged their ratification of the joint powers agreement. He pointed out that concerned citizens of the community were with him to speak, as well as members of their advisory board. Mr. Russ Johnston, 73-266 Goldflower, Palm Desert, stated that he had been 'serving as a Board member for R.S.V.P. for over a year. The program is federally funded, and offers numerous contributions to the community, as outlined in a letter to the Council from him. Mr. Johnston concluded by stating that the City's share would be $1,663.00, and he felt somewhat ashamed that a city the size of Desert Hot Springs could participate in this program and Palm Desert did not. Councilman Wilson asked Mr. Bouman if the Council were to reverse the decision outlined in Resolution No. 76-72, in our current budget structure, are we set up to handle any contribution of this type. Mr. Bouman replied that under the present budget, we don't have any available funds. He recalled the depleted cash reserve at budget time in June, 1977, as a result of the September, 1976, flood. He pointed out that the only way funds could be made available would be to adjust the budget and he stated that he would be hard pressed to find where to get the money. January 12, 1978 Page 5 Mr. Russ Johnston responded that he knew it would be hard, but he pointed out that the small city of Desert Hot Springs contributes $5,000 to this program. This is buying a service for people in the community and should not necessarily be considered a contribution. Mrs. Helen Gillette spoke to the Council giving a complete rundown of the services offered throughout the entire Valley by R.S.V.P. They include the Cancer Society, the Heart Association, the Foundation for Retarded Children of the Desert, the Library Association. She pointed out that the services were not limited to any particular area; they benefit everyone. Councilman Brush asked the likelihood of the City's share increasing each year. Mr. Withrow responded that they operated with low overhead, and they spend only the dollars that they receive. The increase last year was 10% more than the prior year. Councilman McPherson referred to Resolution No. 76-72 and reaffirmed his feelings that the City just did not have the funds. He stated that he felt the organization was a very good one and should be commended for what they do, but he could not justify in his mind contributing money for this when people in the City such as on Rancho Road were experi- encing flooding problems every time it rained. He stated that the Council had stated that their number one priority would be that of drainage and flooding problems, and he felt that any available money should go to these areas. Councilman Newbrander stated that none of the Council were questioning the great amount of work R.S.V.P. did. However, under the present philosophy adopted under Resolution No. 76-72, the Council just did not think they could contribute. Councilman Wilson and Councilman Brush both stated that they felt very strongly about the City's participation if at all possible. Discussion followed regarding the availability of monies for the program. Councilman Wilson moved and Councilman Brush seconded to instruct the City Manager to examine the City's budget to see if we can find the money to participate and if indeed there is not money for this fiscal year, that the program be given serious consideration for the 1978-79 fiscal year budget, which would be participation for the remainder of R.S.V.P.'s fiscal year. Motion carried on the following vote: AYES: Brush, Newbrander, Wilson & Mullins NOES: McPherson ABSENT: None ABSTAIN: None B. REQUEST FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT Between Charles J. Haver and the City of Palm Desert. Mr. Clyde Beebe advised that this contract was with a local engineer whose services would be used temporarily until the City arrives at a decision for permanent contractual services of a City Engineer. Mr. Haver has about the least amount of work going through the City at the time, and Staff recommended approval of the contract. Councilman McPherson moved and Councilman Brush seconded to approve the Agreement and authorize the City Manager to execute it. Motion carried unanimously. C. REQUEST FOR APPROVAL of Parcel Map 8740, Roy Carver, Applicant: Mr. Clyde Beebe reported that the Parcel Map had been approved by the Planning Commission in February, 1976 „ but it was delayed due to a condition that all street improvements be complete before final approval was granted. These street improvements are now completed, and Staff recommended approval of the Parcel Map. Councilman Newbrander moved and Councilman Wilson seconded to January 12, 1978 Page 6 approve Parcel Map 8740. Motion carried unanimously. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 4, CONTRACT NO. 1006, Storm Drain Improvement Project on Catalina Way and San Pasqual Avenue and Street Improvement Project on Catalina Way. Mr. Beebe reported that the change order was presented to enable the replacement of 67 feet of wall that was damaged in the removal of oleander bushes during construction on Catalina Way. The owners of the wall had been advised by the previous City Engineer that the wall would be replaced. Councilman Brush moved and Councilman McPherson seconded to approve Change Order No. 4, Contract No. 1006. Motion carried unanimously. XIV. ORAL COMMUNICATIONS MR. ROBIN BARRETT addressed the Council thanking them for the work done on San Luis Rey which eliminated the flooding problem he had at his home. He indicated that this was the first time in many years where he could sleep at night when it was raining. Mr. Barrett also stated that he had, on numerous occasions, offered his services to the City for any committee appointments that might be available. He again stated his offer. The Council thanked him and assured him that he would be considered for an available appointment. Mr. Michael Hightower, 73-400 Royal Palm Drive, addressed the Council advising that he was experiencing flooding problems at his home. He stated that Las Palmas Road in Palm Desert almost always floods and yet he never heard it mentioned that a problem existed there. He also asked if the new construction on San Pablo was contributing to more flooding in that it looked like a wider cross gutter had been installed. Mr. Beebe stated that the replacement of the cross gutter has nothing to do with the water carrying capacity of the existing pipe. Councilman McPherson stated that this was exactly the thing he had pointed out earlier, that being that the City had committed to spending money on drainage and flooding problems. The Council stated that Mr. Clyde Beebe would look into the flooding problem on Las Palmas Road and thanked Mr. Hightower for bringing it to their attention. MR. FRANK HOFFMAN, 73-840 Flagstone Lane, adressed the Council stating that his street had suffered flooding due to the instal- lation of a drainage culvert on the llth hole at Shadow Mountain. He stated that he had been advised that the City Engineer had made Shadow Mountain install the culvert. The Council advised that the Director of Public Works would look into the matter. XV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman stated that he had received a late request from the Palm Desert Jr. Women's Club for permission to hang banners for the Bob Hope Desert Classic within the City. He stated that in order to enable them to order these banners in time, the Council would have to act on it at this meeting. Councilman Brush moved and Councilman McPherson seconded to approve the request from the Palm Desert Jr. Women's Club to hang banners within the City for the Bob Hope Desert Classic. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE COUNCIL January 12, 1978 Page 7 Mayor Mullins asked that everyone note the future meetings. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 9:25 p.m. ,ter BfrNARD D. PyMULLINS , MAYOR ATTEST: SHEILA R. GILLIGAN, Ci/ Clerk January 12, 1978 Page 8 CITY OF PALM DESERT STATE OF CALIFORNIA PROCLAMATION OF A LOCAL EMERGENCY WHEREAS, Ordinance No. 116 of the City of Palm Desert empowers the Mayor to proclaim the existence of a local emergency when the City Council is not in session; and WHEREAS, the Mayor finds: That at the time of this Proclamation, the City Council is not in session; and That conditions of extreme peril to the safety of persons and property have arisen within the City of Palm Desert caused by extensive flooding and rain- fall; and That the aforesaid conditions of extreme peril warrant and necessitate the proclamation of a local emergency. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency exists throughout the City of Palm Desert; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the Disaster Corps Commander of this City shall be those prescribed by State law and the charter, ordinances, resolution and approved plans of the City of Palm Desert in order to mitigate the effects of said local emergency; and IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist for the next seven days, and thereafter by ratification of the City Council, until its termination is proclaimed by the City Council of the City of Palm Desert. DATED: January 17, 1978 TIME: 2:30 p.m. rD ARD D. LLINS, MAYOR (City of Palm Desert, California