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HomeMy WebLinkAbout1979-07-26MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, JULY 26, 1979 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 6:55 p.m. on Thursday, July 26, 1979, in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Noel J. Brush Mayor Pro-Tempore James E. McPherson Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Excused Absence: Councilman Alexis Newbrander Martin J. Bouman, City Manager Murrel Crump, Principal Planner Paul E. Byers, Director of Finance Carlos L. Ortega, Assistant City Manager L. Clyde Beebe, Director of Public Works James L. Hill, Director of Building and Safety David J. Erwin, City Attorney Mayor Mullins announced that the meeting would be adjourned to the Washington School in order to hear remarks from the public regarding the July 20th flood. Mayor Mullins reconvened the meeting at the Washington School Multi -purpose room on Portola Avenue at 7:10 p.m. The Mayor expressed the appreciation of everyone to the School District for opening the hall for this meeting. He announced that the meeting had been officially opened at the City Hall Council Chambers and moved to the school due to the small quarters in the Chambers, and that the Agenda had been re- arranged, with Section XIV, Oral Communications, as the first item, in order to accommodate everyone. He reported that the required materials had been prepared by the City and sent in to the State. Governor Brown has signed the Disaster Declaration for the state and this has been forwarded to the President for Federal action, with notice expected soon. Mayor Mullins asked for remarks from the audience by podium participation, and asked that they be limited in order to give everyone who wished,time to speak. The following people spoke and their comments: Florence Hafer - 74-310 DeAnza Suggested the City spend time and money on prevention of more flood disaster to protect residents; streets and highways later. July 26, 1979 Page 1 Jim Shaver - 73-051 Guadalupe Need more protection from run-off from outlying hills. Ditches and channels should be lined all the way to the Wash. Judy Wooten - 43-845 Carmel Circle Quoted 1978 newspaper article on storm drains in Rancho Road area. Where are the improvements? Arlene Burns - 72-579 Hedgehog Thick walls should be built to hold back mud and water. More concern is shown to boat people. Bill Marrow - Buena Circle Portola Avenue has been raised several inches above Rancho Road area so water runs down and is trapped. Mike Duran - Monte Verde What happened to 1976 Master Drainage Plan? Harry Little — 74-159 Goleta Developers should be responsible so water is not diverted to someone else's property. Inspectors should check this out. George Myer - 73-300 Grapevine Storm pattern more frequent. Use this as design flood. Make existing channels as large as possible. Suggest CVCWD line all channels with rip -rap. As interim, construct walls and catch basins. Domenico Sottile - 72-583 Beavertail Since we live on an alluvial fan and are not protected, why is so much building allowed? Tim Hammons - 43-610 Buena Circle New building lots graded so high above others, everyone else gets the run-off. Should have an emergency warning system. Rose Helbing - 73-430 Royal Palm Drive Since State put in culverts, water pours out of culverts and onto Royal Palm Drive. Called engineer to come out to see. David Fuller - Save Our Business Group City should provide storm drains and gutters and forget the beautification program for now. Mr. H. Windsor - 72-524 Pitahaya Council should direct City Staff to draw up a plan and publish in the newspapers to let people know what is being done. Has City any authority over CVCWD and what can you do to help us? Les Tilson - 73-338 Highway 111 Suggested Palm Desert should use concept on roads as Desert Hot Springs has on roads such as Highway 74. Make the center lower than the curb line to carry water down to the Wash. This forms a flow channel, avoids overflow on to property. John Maltbie - Do we;-ebuild? Do we dare put our -children to bed in another room? .hy can't the City help us Larry Getz - Tamarisk Three years ago same comments made. City's job to act on behalf of its citizens. Why has not the City approached the Coachella Valley Water Department? Judge Hall - Ironwood Water run-off increases with the building of houses and streets. Set up an assessment district, hire engineers, get a bond issue going. Cheryl Hammonds - 43-610 Buena Circle Declare a moratorium on building. Ralph Wood - Riverside Council of Realtors representative Council of Realtors sponsoring a Town Hall meeting to be held at Washington School Auditorium, August 9, 1979, at 7:00 p.m. for open forum on flood control. Those invited to participate; Congressman Lewis, Supervisor McCandless, Coachella Valley City Officials, Corps of Engineers, Caltrans. Everyone invited to attend. Joan Stage - 1313 Sandpiper Appreciate the time and thought. All know Coachella VA Water Department responsible for this problem. In response to questions, it was announced that Coachella Valley County Water District has its meetings on the 2nd and 4th Tuesdays at 1:00 p.m, at their auditorium on Avenue 52 in Coachella. Mr. Bouman thanked the people for speaking out with their suggestions, and that he would speak for the City. He assured every- one that Council and Staff was not unmindful of the problem and that everything possible would be done. He explained the big problem, especially since Proposition 13, is the funding. He also explained that the Frontage Road Project money cannot be used for area -wide flood control. Assessment Districts would seem the practical way, but that the citizens would probably be assessed around $5,000. In response to a question from the audience as to whether it is safe or practical to make repairs to their homes, Councilman McPherson replied that they could help by getting signatures on a petition to create an assessment district in order to raise the money for proper flood control. Councilman Brush clarified that the City does not collect any taxes, and that 1% of sales tax goes to the City. The rest goes to the State. Mayor Mullins explained that the City is working closely with CVCWD and County Disaster and that as soon as money is available, the proper steps would be taken to see that this doesn't happen again. Mayor Mullins continued the Regular Meeting in order of the Agenda. V. AWARDS, PRESENTATIONS AND APPOINTMENTS A. RESOLUTION OF APPRECIATION To Mr. Frank Urrutia For His Years of Service On The Design Review Board. July 26, 1979 Mayor Mullins announced that this presentation would be continued to the meeting of August 9. Page 3 VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of July 12, 1979. Rec: Approve as presented B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-125 and 80-012. Rec: Approve as presented C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JUNE, 1979 Rec: Receive and file D. MINUTES of the Building Board of Appeals and Condemnations Meeting of July 12, 1979. Rec: Receive and file E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By William C. Irwin for the Iron Gate, 45-406 Highway 74, Palm Desert, California. Rec: Receive and file F. REQUEST FOR PARTIAL REFUND OF PRIOR YEAR'S REVENUES By Lawerance Electric for Overcharge On a Business License. Rec: Approve the Refund from Account No. 11-4980-000. G. RESOLUTION NO. 79-85 - 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 THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. H. REQUEST FOR APPROVAL of Final Tract Map for Tract No. 13008, COVE CONSTRUCTION COMPANY, INC, APPLICANT Rec: Waive further reading and adopt Resolution No. 79-86, approving the Final Map for Tract No. 13008 and authorizing the Mayor to execute Improvement Agreement. I. REQUEST FOR APPROVAL of Final Tract Map for Tract No. 13881-. DAME-DOTY CONSTRUCTION COMPANY, INC. APPLICANT Rec: Waive further reading and adopt Resolution No. 79-87, approving the Final Map for Tract No. 13881-1, and authorizing the Mayor to execute Improvement Agree- ment. J. LETTER OF SUPPORT from Janet E. and Donald D. Thompson, 73-553 Haystack Road, Palm Desert, Relative to the Frontage Road Conversion Project. Rec: Receive and file Councilman Wilson requested that Item "J" be removed from the Consent Calendar for discussion under Section X of the Agenda. Councilman Brush moved and Councilman McPherson seconded to approve the Consent Calendar with the exception of Item "J". Motion carried unanimously with the members present. July 26, 1979 Page 4 VII. PUBLIC HEARINGS A. REQUEST FOR AN AMENDMENT TO THE ZONING ORDINANCE TEXT AND MAP TO IMPLEMENT THE RECOMMENDATIONS CONTAINED IN THE PALM VALLEY STORMWATER CHANNEL AREA SPECIFIC PLAN. CASE NO. CZ 06-79 AND ZOA 02-79 Mayor Mullins declared the Public Hearing OPEN and asked Staff for their report: Mr. Crump reported that by its action on April 18, 1979, the Planning Commission enacted to hold a Public Hearing on this Case No. The Planning Commission made five changes to Planning Commission Resolution No. 497, four of those pertaining to wording of the Zoning Ordinance Text Amendment. The remaining change pertained to the Resolution wording of the justification for the Zone Change. Based on Justification Recommendation from Staff, it was recommended to approve the Change of Zone by adoption of Ordinance No. 212. Mayor Mullins invited input in FAVOR of the Request, and none was offered. He invited input in OPPOSITION and none was offered. He declared the Public Hearing CLOSED. On a motion by Councilman McPherson, seconded by Councilman Brush, Ordinance 212 passed to second reading by a 4-0-1 vote. VIII. RESOLUTIONS A. RESOLUTION NO. 79-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMr4ISSION FOR A CHANGE OF ORGAN- IZATION KNOWN AS "PALM DESERT ANNEXATION NO. 11", PURSUANT TO SECTION 35140 OF THE STATE GOVERNMENT CODE. Mr. Crump reported that the Council had approved Annexa- tion Zoning in April. A Plan for Services has been pre- pared, and Staff requests adoption of Resolution 79-88 to allow making application. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-88. Motion carried by a 4-0-1 vote. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER J. LETTER OF SUPPORT from Janet E. and Donald D. Thompson, 73-553 Haystack Road, Palm Desert, Relative to the Frontage Road Conversion Project.. Councilman Wilson stated he thought it commendable that Citizens in favor of what the City is doing turn out with support. He suggested a letter of thank you be sent to the Thompsons. Council in Agreement. XI. CONTINUING BUSINESS None July 26, 1979 Page 5 XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF A REQUEST FOR PROPOSAL FOR IRONWOOD PARK DESIGN. Murrel Crump reported that the 1979-80 Budget under the Department of Environmental Services makes provision for Civic Center, Ironwood park site, San Pascual Park, Sand Dune Park and the Sports Center. An analysis of potential uses for the sites has been included for review. He noted the tentative schedule for action on park devel- opment plans, and requested approval to solicit for po- tential consultants. Councilman Wilson stated he realized the time table, but suggested it might be well to put this item aside due to more pressing problems. Councilman Brush requested more time to review in view of the fact that so much has happened, and recommended post- poning this item to the next meeting. Councilman Brush moved and Councilman Wilson seconded to con- tinue this item to the meeting of August 9, 1979. Motion carried unanimously with the members present. B. REQUEST FOR VARIANCE FROM ORDINANCE NO. 130 BY SUNRISE COMPANY RELATIVE TO THE WORKING HOURS FOR THE SUMMER MONTHS FOR CONSTRUCTION ACTIVITIES WITHIN THE CITY LIMITS. Mr. Bouman stated he had received a memo from Jim Hill, Director of Building and Safety, recommending against the variance due to the fact that the noise would disturb other residents not more than a block away. He also indicated concern about setting a precedent as other developers would request the same. Beginning construction at 5:00 really means 4:30. Councilman McPherson moved and Councilman Wilson seconded to deny the request. Motion carried unanimously with the members present XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS Mr. Frederick Thon, 45-390 Garden Square, Palm Desert, stated that he realized Council and Staff had so many other responsi- bilities, it might be well to set up a Flood Committee, com- prised of individuals who are professionally competent in this area. Their job would be in an advisory capacity. XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 79-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REQUESTING STATE DIRECTOR AND OFFICE OF EMERGENCY SERVICES CONCUR- RENCE IN LOCAL EMERGENCY. Mr. Bouman presented this Resolution to the Council explaining that it would designate himself as the autho- rized representative of the City in this disaster of July 20, and further that we have had a disaster, in order to qualify for funding. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution 79-89. Motion carried unanimously with the members present. July 26, 1979 Page 6 XV. CITY MANAGER REPORTS AND REMARKS (continued) 2. RESOLUTION NO. 79-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CREATION OF A SPECIAL FUND FOR THE PAYMENT OF COSTS OF DAMAGES TO CITY FACILITIES FROM THE JULY 20, 1979, FLOOD AND AUTHORIZING THE ADVANCE OF MONIES FROM THE CIVIC CENTER CAPITAL IMPROVEMENT RESERVE FUND TO SAID FLOOD DAMAGE FUND. Mr. Bouman stated that this Resolution would authorize the transfer of $400,000 into the "July 20, 1979, Flood Fund" in order to pay bills now, even though we may receive funding later. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-90. Motion carried unanimously with the members present. Mr. Bouman asked if Council wanted to give directions as to how and where to proceed, in view of what happened here tonight. He stated he felt the Council and Staff had made some pledges and should do some research as to following through with suggestions, such as setting up an Assessment District for flood control. He felt the City had the Citizens' support. B. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins stated he felt the meeting went well and that the Council got much support from the Citizens, so every way possible should be researched to prevent this from happening again. Other agencies should be con- tacted to coordinate this effort. Councilman Brush suggested holding another general Meetint if necessary. He commented on the questionnaire which was sent out in 1977 regarding Assessment Districts being set up for Flood Control, and that it had received an overwhelming rejection. He said whatever the City does will have to be in conjunction with other agencies. Councilman McPherson suggested the Bechtel Plan be im- plemented and whatever means possible should be investi- gated to raise the money for proper flood control. Councilman Wilson suggested getting Rancho Road Improve- ment plans out as quickly as possible. He also sug- gested contacting CVCWD, not only to reconstruct the channel, but also rip -rap. Councilman Brush moved and Councilman McPherson seconded to authorize the Director of Public Works to call for bids on the Rancho Road Improvement Project. Motion carried unanimously with the members present. Mayor Mullins noted the future meetings, to include the Town Hall meeting at Washington School on August 9, 1979. XVI. ADJOURNMENT Councilman Brush moved to adjourn t seconded. Motion carried unanimously with meeting was adjourned at 9:35 p.m. TTEST: DEL CLAUS'S/N, Depu City Clerk City of Palm Dese , California ing. Mayor Mullins bers present. The . MULLINS, Ma or or McPHERSON, MAYOR PRO- TEM July 26, 1979 Page 7