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HomeMy WebLinkAbout1978-03-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 9, 1978 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Mullins convened the Regular Meeting of the City Council at 7:00 p.m. on Thursday, March 9, 1978, in City Hall Council Chambers. II. PLEDGE - Councilman Newbrander III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Brush Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: Absent: Mayor Pro-Tem McPherson (arrived at 7:35 p.m.) Martin Bouman, City Manager Jeff Patterson, Deputy City Attorney Paul Williams, Director of Environmental Services Carlos Ortega, Assistant to the City Manager V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Mullins commended the City Clerk on the conduction of the City's election, and Councilman Brush thanked all the people who had voted in the City's election. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of February 23, 1978. Rec: Approve as presented. B. PLANNING COMMISSION RESOLUTION NO. 341, Finding That Proposed Acquisitions Within the COD Area Do Conform To The Adopted General Plan and Subsequent Amendments. Rec: Receive and file as a part of subsequent land acquisition program. C. REQUEST FROM MR. MATT MONICA, Candidate for 37th District, U. S. Congress, For Use of the Palm Desert Community Park for Political Fund Raising Dinner. Rec: Refer to the City Attorney for preparation of a policy on park use. D. PETITION OF PROTEST Relative to Motorbike Nuisances in the City of Palm Desert, Particularly In The Grapevine Street - Desert Lily Area, and Manager's Response. Rec: Receive and file. March 9, 1978 Page 1 E. REQUEST FOR RELEASE OF MONUMENTATION BOND For Tract No. 4489-1. Rec: Accept the work as complete and authorize the City Clerk to advise the County of Riverside to release the Monumentation Bonds. Councilman Wilson requested that Item "C" be removed from the Consent Calendar and Councilman Newbrander requested that Item "D" be removed for discussion under Section X, Consent Items Held Over. Councilman Newbrander moved and Councilman Brush seconded to approve the Consent Calendar, with the exception of Items C and D. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS None VIII. RESOLUTIONS A. RESOLUTION NO. 78-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF ENVIRONMENTAL SERVICES. Mr. Bouman stated that this was a housekeeping matter wherein official records in the Department of Environmental Services have been microfilmed, and with the passage of this resolu- tion, may now be destroyed. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-23. Motion carried unani- mously with the members present. B. RESOLUTION NO. 78-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING MID -YEAR BUD- GET ADJUSTMENTS TO THE 1977-78 FISCAL YEAR BUDGET FOR THE CITY OF PALM DESERT, CALIFORNIA. Mr. Bouman reviewed the major revisions to the budget as a result of its mid -year review. He pointed out that revenue estimates at budget preparation time had been estimated low, and it now looks like the revenues will be about $218,000 more than anticipated. Much of this comes from revenues received for building excise fees, building permits, plan check fees, etc., and it reflects the tremendous amount of development going on in the City. Staff is recommending expenditures of $234,000 for badly needed public works improvements which include the repair of the washed out portion of Monterey Avenue; widening and improving of Monterey Avenue; and replenishment of the street maintenance fund which has been depleted by the constant clean-up of streets, repair and repaving of washed out areas, etc, created by the many rain storms we have had the past few months. Mr. Bouman indicated that the repair of Monterey will be accomplished as a joint effort between Rancho Mirage, Palm Desert, and the State Disaster Office, of which $40,000 will be our share. An anticipated amount of $150,000 is shown for the improvement of Monterey Avenue. Mr. Bouman concluded that he could project to the end of the current fiscal year and that the City will be in as healthy financial position as it was last year, possibly $100,000 to $200,000 better. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-24. Motion carried unanimously with the members present. March 9, 1978 Page 2 C. RESOLUTION NO. 78-22 - A RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TRANSACTION FOR AN EXCHANGE OF THE CITY'S GRANT ALLOCATIONS OF FEDERAL AID OFF -SYSTEM FUNDS FOR THE COUNTY OF RIVERSIDE'S CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 2106 FUNDS. Mr. Bouman advised that the City was entitled to certain amounts of money referred to as Federal Aid Off -Street System Funds. However, the paperwork involved to obtain these funds was so astronomical that it made it almost not worthwhile to apply for them. The County of Riverside has offered to prepare the paperwork and submit it in return for 25% of the monies we receive. The amount of money involved is about $13,000, and with the County's share paid, we will receive about $10,000. Mr. Bouman pointed out that if the funds were of a larger amount, it would justify our processing the paperwork on our own. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-22. Motion carried unanimously with the members present. D. RESOLUTION NO. 78-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE ENGINEERING SERVICES AGREEMENT WITH I. HAROLD HOUSLEY CONSULTING ENGINEERS. Mr. Bouman advised that the City had required extra engineer- ing services of the firm of I. Harold Housley during the construction of the Catalina Way project. Because of these additional requirements, the contract costs had been exceeded by approximately $5,000 more than approved. This resolution will authorize the additional payment to Mr. Housley and will represent the final payment on his contract. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-25. Motion carried unanimously with the members present. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 177 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONING DESIGNATION ON AN 85-ACRE PARCEL GENERALLY LOCATED AT THE NORTHEAST CORNER OF HAYSTACK ROAD AND HIGHWAY 74. Mayor Mullins pointed out that Councilman McPherson was expected at any moment, and that until his arrival, the Council was still in a deadlock. He asked that the matter be discussed as the last item on the agenda, pending Council- man McPherson's arrival.• Council concurred. X. CONSENT ITEMS HELD OVER C. REQUEST FROM MR. MATT MONICA, Candidate for 37th District, U. S. Congress, For Use of the Palm Desert Community Park for Political Fund Raising Dinner. Councilman Wilson stated that he had requested•discussion on this item because of the time limit involved. The request was for March 19th, and it would take the City Attorney longer than that to prepare the policy. Jeff Patterson pointed out that this one approval did not necessarily constitute a prescedent. Councilman Newbrander disagreed in that she felt approving one would establish a prescedent. Mayor Mullins stated that if approval was given on this one, then future approvals could be given on a one -at -a -time basis until the policy was adopted. March 9, 1978 Page 3 Councilman Brush stated that the Staff had already issued a list of stipulations to the applicant which would have to be met if approval was granted. Mr. Bouman assured Council that Staff would make the same requirements of them as any other group who used the park. Councilman Brush moved that Council permit the gathering with the instructions that Staff had so stipulated and refer the matter to the City Attorney for a policy on park use. Councilman Wilson seconded the motion; motion carried on the following vote: AYES: NOES: ABSENT: ABSTAIN: Brush, Wilson & Mullins Newbrander McPherson None D. PETITION OF PROTEST Relative to Motorbike Nuisances in the City of Palm Desert, Particularly In the Grapevine Street - Desert Lily Area, and Manager's Response. Mayor Mullins asked Mr. Bouman to read the response he transmitted to the petition in for the benefit of the audience. In addition, Mr. Bouman read a letter from Mrs. Kay Craig relative to a motorbike nuisance she was experiencing in the Homestead Road area (letter attached and made a part of these minutes as Exhibit "A"). Mr. Bouman thanked Mrs. Craig for her letter indicating that this is exactly what the Sheriff's Department needs to resolve the problem and assuring that a copy would be sent to Captain Adkins for proper action. The Sheriff's Department has been very busy in trying to apprehend these young offenders, and Mr. Bouman stated he was glad to report that he had received word that they were being successful in new approaches to the problem. MRS. KATHY KRONNEMEYER, 43-750 Buena Circle, Palm Desert, addressed Council stating disagreement with the complaints. She pointed out that a motorbike can be a very constructive form of entertainment for young people, and there was just no place for them to ride anymore. Furthermore, she pointed out that the Sheriff's Department had become so adamant in their attempts to curtain the problem that it was becoming a form of harrassment to the children. If there is no place for them to ride, why not spend some time on creating a place. This may be a solution to the problem. Councilman McPherson arrived at this time (7:35 p.m.) and was counted as present. Councilman Wilson commented that he felt Mrs. Kronnemeyer's comments were most appropriate, and he recommended that the Parks & Recreation Commission investigate such a possibility. MR. JOHN SANDBORNE, Member of the County Parks addressed Council indicating that he was there matter, but was glad to be able to present the side. He stated that a site had been proposed ago on Edham Hill; however, residents had been so opposed to it that the County Council had denied the request. He offered his services to the City and its Park & Recreation Commission. He also encouraged Mrs. Kronnemeyer to con- tinue with her petition so that it could be presented to the County Board of Supervisors. MRS. MARGARET KAY, Homestead Road, Palm Desert, addressed Council stating that these children are only 9 - 12 years old and she feared that one of them would be killed before any action was taken. Commission, on another County's not too long March 9, 1978 Page 4 Councilman Wilson moved to refer the matter to the City's Park & Recreation Commission and instruct them to get in touch with the Riverside County Parks Commission, letting them know of our concern about a place of this type and asking their assistance in establishing one. Councilman Brush seconded the motion; carried unanimously. XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT with RMA for the Restoration of Monterey Avenue. Mr. Bouman stated that he had mentioned earlier in his report on the mid -year budget the reconstruction of Monterey Avenue. However, it was the City's desire to reconstruct it in a fashion which will prevent future washouts. This will require a total reengineering, and Staff is recommending RMA Associates to accomplish this. Resolution No. 78-26 will approve the agreement with this firm in the amount of $6,100. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-26. Motion carried unanimously. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL OF FINAL TRACT MAP for Tract 5565-1 and 5565-2, Silver Spur Associates, Applicant. Mr. Bouman stated that these are the first two units of Tract 5565, and there were no problems in approving these two final Tract Maps. Council, however, should be aware that some conditions were placed on this subdivision with regard to dedication of a park site and fire station site and future major street alignments of that area so that the City has a good major transportation plan rather than some- thing piece meal. Silver Spur Associates has met their conditions by agreeing they will provide these, but at moment, they are still not certain about the master plan, about the park site, the fire station site, or street pattern. Staff recommends approval with the admonishment to the developer that when they come in with plans for additional units, the commitments will be firmly in hand before new plans will be approved. Councilman Newbrander stated she could not imagine giving approval now until the City sees more than just a statement on paper that they will do it someday. The conditions should be met before approval. MR. LARRY SPICER, President of Ironwood, addressed Council stating that Staff and his corporation had not been able to completely agree on a site for the park or fire station, but he was ready to do so. He pointed out problems they had experienced with their traffic engineer, which then slowed the progress on the status of Portola Avenue. Mr. Bouman stated in response that their traffic engineer had been on the job for several months, and it was time he got some answers to the City. Councilman Brush stated that the City did have an agreement which had been approved by the City Attorney in the form of a letter. He did not feel Ironwood seemed to be reluc- tant to dedicate the property in question, and he suggested that Staff be directed to get with the representatives of Ironwood as soon as possible to work it out. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-27, approving the Final Tract Maps for Tract No. 5565-1 and 5565-2. Motion carried on the following vote: AYES: Brush, McPherson, Wilson & Mullins NOES: Newbrander ABSENT: None March 9, 1978 Page 5 - CONTINUED ITEM A. ORDINANCE NO. 177 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107 THE PALM DESERT ZONING MAP, BY CHANGING THE ZONING DESIGNATION ON AN 85-ACRE PARCEL GENERALLY LOCATED AT THE NORTHEAST CORNER OF HAYSTACK ROAD AND HIGHWAY 74. Councilman Wilson requested that Mr. Williams review the ordinance again and the Planning Commission's report inas- much as all Council members had not been present at the last reading. Mayor Mullins indicated that he still was of the opinion that the split R-1-10,000 and R-1-12,000 was the best alternative. He stated that he had driven by the area several times and was convinced the decision was a good one. Councilman Wilson referred to the Study and Report from the Planning Commission and read excerpts from it. He stated that we have a Planning Commission that has given us a unanimous recommendation, and they have given it con- siderable study both the first and second time around, and they still see no new evidence to change their original recommendation. We rely on them as experts for our planning matters; good planning says you should go to the experts for decisions of this nature. This is one solid piece of property that should be treated equally. The single-family concept is good; it is a good project, but it would be even better at R-1-12,000. Councilman Newbrander stated that we have some of our best land in question, and we have good restrictions on it. If the developer does not want to go along with it, then he should go somewhere else. Councilman Brush pointed out that he had missed the pre- vious meeting and read from a list of reasons he felt the rezoning should be approved. These items included: the City has imposed a requirement of dedication of 3.6 acres above and beyond what we normally require for park dedication; traffic signal participation; full utility undergrounding; provisions for the basic drainage system as a part of any phase; installation of catch basins and drain pipes, etc. He pointed out that if the zoning had not been changed, more units would be permissible under the old zoning; in reality they were reducing density. He concluded by stating that he liked single-family homes, and quite frankly, was getting tired on condominiums. Councilman Wilson responded that he felt the developer needed larger lots for the larger homes they would be building. He disagreed with some conditions that had been imposed, as all developers must meet undergrounding, drainage improvement, park -site dedication, and street improvement requirements. He felt staff would have imposed those conditions of approval whether the zone change had been an issue or not. Councilman Brush moved and Councilman McPherson seconded to receive the study and report from the Planning Commission and waive further reading and adopt Ordinance No. 177. Motion carried on the following vote: AYES: NOES: ABSENT: ABSTAIN: Brush, McPherson, & Mullins Newbrander & Wilson Non e None March 9, 1978 Page 6 XIV. ORAL COMMUNICATIONS MR. ROBERT ALLEN, JR., President of Sandpiper Unit #4, addressed Council pointing out a problem they had in their residential area of the existence of a nonconforming use. A company named Sandpiper had constructed an office out of carports and was using the facil- ities to operate a mainteance type business. He pointed out that they did not represent all of the homeowners in Sandpiper. He then read letters written to the City Manager and the City Attorney approximately 4 months prior. He stated that these people were not only operating an unlicensed business, but had constructed the office with no City permit nor any City inspections. He asked why the City had not put a stop to it by now, and when they could expect some action. Mr. Williams responded that Staff was well aware of the problem, and he reviewed in sequence how Staff had handled it. However, initially Staff had been given the wrong address of the newly constructed office, and inspectors were unable to locate any non- conforming use or illegal construction. When they did locate it, a stop work was issued — but ignored. Staff has contacted the Sandpiper Company and the City Attorney has advised them to abate immediately. However, it appears they are also ignoring this. Jeff Patterson advised that a court injunction could be obtained to stop the business and remove them from that area. This action would take approximately 3 weeks. Mr. Bouman assured Mr. Allen that the City Staff was working hard on the problem, but that he should also realize that court action is extremely costly to the City and does not always result in any more than a wrist slapping to the offender. Thus, the City will try all methods before resorting to litigation. MR. EDWARD BENSON, Sandpiper, addressed the Council as a home- owner in Sandpiper, and reiterated Mr. Allen's concerns. After a great deal of discussion, Council assured Mr. Allen that the matter would be handled through the City Attorney's office as soon as possible, and he would see results. XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman asked that everyone note that the Study Session scheduled for March 16, 1978, at 5:30 p.m. had been rescheduled for March 14, 1978, at 5:00 p.m. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE COUNCIL Councilman Wilson asked if any further word had been received on the grant for the street drainage work on Buena Circle and Rancho Road. Mr. Bouman responded that no word had been received as yet, but Staff was still very hopeful. Councilman Newbrander stated her concern relative to the Sandpiper business in operation, and the fact that this has been going on and the City has not been able to enforce its own laws. Jeff Patterson responded that when this problem had first been discovered, the City Attorney's office was revamping its Code Enforcement policies, which was partially responsible for their delay in acting. March 9, 1978 Page 7 Mayor Mullins asked that everyone note the future meetings, including the change indicated by Mr. Bouman. XVI. ADJOURNMENT Councilman Brush moved and Councilman McPherson seconded to adjourn the meeting to March 14, 1978, at 7:00 p.m. for the purpose of canvassing and declaring the results of the March 7, 1978, Councilmanic election and the swearing in of the new Council Members. Motion carried unanimously. Mayor Mullins adjourned the meeting at 9:20 p.m. DWARD D . `EMT LLINS , MAYOR ATTEST: Llgotel.047_,A. SHEILA R. GILL AN, CITY !-' RK March 9, 1978 Page 8 EXHIBIT "A" ('ic,-tch 0, / 97'7 90 .:'hom it (/ -t Concur,: She noise dmatL powea biked opeaated by the 5O7. i. chit!/ten and Nike ldudh w (don o ' Da. Sohn `?,, Push.aw) 4.4 cuibec/tabLe. in thid oche twide quiet neichborhooci but, worae, when they aice not paoc c&a no-vde 9 have seen aorte nar'ow e eape4 Cron: acc ,?entd at the cornea fZamo and Ido,;ie4ta.ad i oad ad uehictea jounc' therdetuea con- Pronted with thehow machined which can haaaty be obaeaved by vary and trod;.,; otiL, the qu ic-thi.nhinc: and dkitt. o zea coned adzat d4illeet4 avoided a rvidhap Jheae id no aeaaontna with these clu. .lien, especiatt (like !1uha , who es.pto ya the ,;-,iittkiedt tcnauage 9 .have hea,td utt e/ted by a eh ii.,d. She a ten td have been contccte,' ';ut ?'-e nuidance had not abated. 9n act, 9 caught (like lu41244) doiu dar,:ace to Ku! soh e;s,4e4 4 t retat rtion. GAL MRS WILLIAM CRAIG P.O. ECX 294 PALM DESERT CA 92260 March 9, 1978 Page 9