HomeMy WebLinkAbout1980-04-24MINUTES
REGULAR CITY COUNCIL MEETING
THURSDAY, APRIL 24, 1980
CITY HALL COUNCIL CHAMBERS
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I. CALL TO ORDER
Mayor Wilson called the Regular Meeting of the Palm Desert City
Council to order at 7:05 p.m. on Thursday, April 24, 1980, in City Hall
Council Chambers.
II. PLEDGE - Mayor Pro-Tem James E. McPherson
III. INVOCATION - Mayor S. Roy Wilson
IV. ROLL CALL
Present:
Mayor Pro-Tem James E. McPherson
Councilman Alexis D. Newbrander
Councilman Romeo S. Puluqi
Councilman Walter H. Snyder
Mayor S. Roy Wilson
Also Present:
Martin J. Bouman, City�Manager
David J. Erwin, City Attorney
Paul A. Williams, Director of Environmental Services
Carlos L. Ortega, Assistant City Manager
L. Clyde Beebe, Director of Public Works
Paul E. Byers, Director of Finance
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Mayor Wilson stated that there were no appointments to be made
but pointed out that a vacancy did exist on the Planning Commission
due to Councilman Snyder's election to the Council and subsequent
resignation to the Planning Commission. He urged anyone interested
in serving on the Planning Commission to submit an application.
VI. CONSENT CALENDAR
A. MINUTES Of The Adjourned City Council Meeting of April 15, 1980.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 80-094.
Rec: Approve as presented.
C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MARCH, 1980.
Rec: Receive and file.
D. RESIGNATION OF WALTER H. SNYDER From His Position As Member
Of The Palm Desert Planning Commission.
Rec: Accept resignation.
E. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION Meeting
Ot April 10, 198U.
Rec: Receive and file.
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REGULAR CITY COUNCIL MEETING
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VI. CONSENT CALENDAR (Continued)
F. REQUEST FROM PALM DESERT BOARD OF REALTORS For Amendment To
The City's Sign Ordinance, Specifically Section 25-68-150
Of The Municipal Code.
Rec: Refer to the Planning Commission for review.
G. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS For The Alamo
Drive Street Improvements Project.
Rec: Approve the request and authorize the City Clerk
to call for bids.
H. REQUEST FOR RELEASE OF BONDS FOR TRACT NO. 13407-1, D. K.
KAVANAUGH ENTERPRISES, APPLICANT.
Rec: Accept the work as complete and authorize the
City Clerk to release the bonds.
I. REQUEST FOR RELEASE OF BONDS FOR TRACT NOS. 5564, 5565-1, &
5565-2, SILVER SPUR ASSOCIATES, APPLICANT.
Rec: Accept the work as complete and authorize the
City Clerk to release the bonds.
J. REQUEST FOR RELEASE OF BONDS FOR TRACT NOS. 6671-1 & 6671-2,
FRED G. RICE, APPLICANT.
Rec: Accept the work as complete and authorize the
City Clerk to release the bonds.
K. REQUEST FOR APPROVAL OF FINAL RESURFACING PROGRAM FOR FISCAL
YEAR 1979-1980.
Rec: Approve the project and authorize the Mayor and
City Clerk to enter into a contract with Massey
Sand & Rock Company, low bidder.
Councilman Newbrander requested that Item "K" be removed from the
Consent Calendar for discussion under Section XI, Consent Calendar Items
Held Over.
Mayor Pro-Tem McPherson moved and Councilman Newbrander seconded
to approve the Consent Calendar as presented with the exception of Item
"K". Motion carried unanimously.
VII. ORAL COMMUNICATIONS - A
Mayor Wilson announced that the Agenda now included two Oral
Communication Sections, one at the beginning of the Agenda and
one at the end. He asked if anyone in the audience would like
to address the Council relative to an item not on the agenda.
MR. MARTIN BYRNE, Cathedral City, addressed the Council in
opposition to the Frontage Roads. Mayor Wilson advised that
this issue would be addressed during the Redevelopment Agency
meeting, immediately following the Council Meeting.
VIII. PUBLIC HEARINGS
None
IX. RESOLUTIONS
None
April 24, 1980
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REGULAR CITY COUNCIL I' TING
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X. ORDINANCES
For Introduction:
None
For Adoption:
None
XI. CONSENT ITEMS HELD OVER
K. REQUEST FOR APPROVAL OF FINAL RESURFACING PROGRAM FOR FISCAL
YEAR 1979-1980.
Mr. Bouman reported that this was a matter of the second por-
tion of the City's annual street resurfacing program as con-
tained in the Capital Improvement Budget. The City Council
had authorized the City Clerk to call for bids on the project,
and a low bid of approximately $87,000 was received from
Massey Sand & Rock Company. An amount of $80,000 is remaining
in the budget for this project. Mr. Bouman stated that rather
than reduce the scope of the project, it was his recoriaiiendation
to increase the budgeted amount by $8,000 and award the contract
as it was bid.
Mayor Pro-Tem McPherson stated that the $8,000 would probably be
$10,000 to $12,000 next year.
Mayor Pro-Tem McPherson moved and Councilman Puluqi seconded to
approve the project and authorize the Mayor and City Clerk to enter into
a contract with Massey Sand & Rock Company, low bidder. Motion carried
unanimously.
Mayor Pro-Tem McPherson moved and Councilman Newbrander seconded
to waive further reading and adopt Resolution No. 80-56, amending the
1979-1980 budget by appropriating the sum of $8,000 from the Unobligated
Fund Balance of the General Fund to "Street Resurfacing - Various Streets",
Account No. 11-4990-003. Motion carried unanimously.
XII. NEW BUSINESS
None
XIII. CONTINUING BUSINESS
A. RESOLUTION NO. 80-54 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING LEGAL EXPENSES
FOR PARTICIPATION WITH THE CITIES OF INDIAN WELLS AND RANCHO
MIRAGE AND WITH THE COUNTY OF RIVERSIDE IN THE MATTER OF
NAEGELE BILLBOARDS ON BOB HOPE DRIVE.
Mr. Bouman reported that the law suit we had entered into
with the Cities of Rancho Mirage and Indian Wells and the
County of Riverside against Naegele Outdoor Advertising
had now worked its way through the Appeals Court and was
now back at a local level in an attempt to determine the
amount of fines for the company's failure to abide by the
restraining order and the subsequent contempt of court
orders. He pointed out that the Appellate Courts had not
upheld the complaints against the individuals, just the
corporation. The Cities of Indian Wells, Palm Desert, and
Rancho Mirage are all very concerned about continued legal
fees in that they will be substantial. It is felt that the
case could go all the way to the U. S. Supreme Court.
Therefore, some agreement should be reached as to how
much further we should go. It was, therefore, proposed
that each city would contribute $10,000 additional legal
fees commencing this date and no more. This would be done
with the stipulations all cities must agree; that fines
collected would be jointly shared by the three cities in
accordance with a formula based on each jurisdiction's'
April 24, 1980 Page 3
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REGULAR CITY COUNCIL MEETING
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XIII. CONTINUING BUSINESS (Continued)
A. RESOLUTION NO. 80-54 (Continued)
share of legal expenses to the date that fines are collected;
and that the County of Riverside will enter into an agreement
to continue with the case even if and after legal expense
contributions have been exhausted from the cities and even
if it continues to the United States Supreme Court.
Councilman Puluqi stated that he had researched this matter to
find that it is not within our jurisdiction, and not even in
our sphere of influence. He felt that it was none of the City's
business what happened in the County. He stated that it was a
matter of principal with the Council at the time of the law suit
because of the City's sign ordinance and the principal should be
followed but not with Palm Desert's tax money.
Mayor Pro-Tem McPherson stated that it had been a matter of prin-
cipal with the Council, but also a matter of trying to keep the
beauty of the desert and the ideals of the desert. The signs
obstruct the scenic views of the desert. If the sign company
prevails in this matter, what will prevent them from coming into
our city and doing the same thing, even though it is against our
laws.
Councilman Puluqi questioned the City Attorney as to whether or
not anyone had authority on this particular land in that it was owned
by the Indians. Mr. Erwin responded that the Court had upheld the
rights of the City and the County to enforce their laws in this
particular case. Considerable discussion followed relative to
the recent decision of the Supreme Court in the San Diego case.
Mr. Erwin pointed out that he had not had the opportunity to
read the decision as yet, but it was his understanding that it
did uphold cities rights to enforce their sign laws with the
exception of when the billboards and/or signs were within
bounds of federal highways. Cities, however, do have the right
to regulate the aesthetics of their own boundaries.
Councilman Newbrander stated that she felt very definitely that
big billboards are very unsightly in an area of which we are very
proud. This is a beautiful desert area and yet those big billboards
are put in and become a detriment to our community because you enter
our community via those roads. She felt very definitely that the
City should pursue this to the extent of $10,000 more. We have
gone this far, and it has been comparatively successful. She
stated that Councilman Puluqi had always been against the City's
sign ordinance, and she was not surprized by his opposition to
this. Councilman Puluqi responded that he was not against the
sign ordinance, that it was a good one with the exception of the
fact that it did not contain a grandfather clause.
Mayor Wilson stated that he had voted against our getting involved
in this in the beginning as he did not think that the City should
join Indian Wells. However, as a City we did get involved, and he
felt that as a City, we should see it out for the final $10,000
and then let the County take it over. He felt that it should have
been the County's suit all along.
Mayor Pro-Tem McPherson moved and Councilman Newbrander seconded
to waive further reading and adopt Resolution No. 80-54. Motion carried
on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
McPherson, Newbrander, & Wilson
Puluqi
None
Snyder
f
April 24, 1980
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REGULAR CITY COUNCIL MEETING
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XIII. CONTINUING BUSINESS (Continued)
B. RESOLUTION NO. 80-55 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1979/80
BUDGET TO PROVIDE AN INCREASED APPROPRIATION FOR LEGAL SERVICES.
Mr. Bouman reported that this was a companion resolution to
the one previously presented in that it would appropriate
the necessary money for the continued legal expenses as well
as to provide some additional money to the account that had
already been expended.
Councilman Newbrander moved and Mayor Pro-Tem McPherson seconded
to waive further reading and adopt Resolution No. 80-55. Motion carried
on a 4-1 vote with Councilman Puluqi voting NO.
XIV. OLD BUSINESS
A, REQUEST FOR APPROVAL OF DESIGN CONTRACT With Ron Gregory
Architect For Design Of The Landscaping Of The Haystack
Road Drainage Swale.
Mr. Bouman reported that a design concept must be arrived
at for the combination drainage channel and linear park.
The City purchased the property in conjunction with Lewis
Homes whose property and development is to the west. That
is underway and partially completed; the drainage is in place.
With the design accomplished, the entire job could be com-
pleted within 3-4 months. The requested action would authorize
Ron Gregory to do the design. Proposals were received from
four different firms, and this was the lowest bid in the amount
of $4,000.
Council questioned the difference in the bids which ranged
from approximately $50,000 to $4,000. Mr. Beebe explained
that some of the bidders were from out of the area and thus
required travel expenses while Mr. Gregory was local. Mr.
Beebe assured Council that he had thoroughly checkedNr.Gregory's
references and found him to be most capable.
Councilman Newbrander moved and Councilman Puluqi seconded to
authorize the Mayor and City Clerk to execute a contract with Ron Gregory
Architect. Motion carried unanimously.
B. REQUEST FOR AWARD OF BIDS FOR DEMOLITION OF SUNSHINE, MEAT,
FISH & LIQUOR, 73-986 HIGHWAY 111 AND DEMOLITION OF 72-547
HEDGEHOG STREET (FLOOD DAMAGED DWELLING).
HEDGEHOG STREET (FLOOD DAMAGED DWELLING)
Mr. Bouman reported that by previous action of the Building
Board of Appeals & Condemnation, a 60-day extension had been
granted to the owners of this building to given necessary time
to abate the nuisance which resulted from the July, 1979, flood.
Admittedly, they have not managed to totally abate the problem,
but they have shown substantial progress, and Staff feels that
the bid would not be appropriate as there is not enough work
left to be done to justify $2,300. The owner has assured that
it can be completed in two weeks. Mr. Bouman stated that he
did not recommend an additional time extension but rather a
continuance to the next meeting. He reviewed the structure's
status indicating that a chimney and block wall were still
standing and that much of the demolished structure remained
stacked on the lot waiting to be picked up and hauled away.
Mr. Erwin reviewed the abatement process for a hazardous
building and pointed out that the Council was at the end of
the process now in awarding a demolition contract. He pointed
out that the Council has already ratified the action of the
Building Board of Appeals & Condemnation. He stated his con-
cern relative to potential exposure to a dangerous structure.
However, in this particular instance, if the structure
April 24, 1980
Page 5
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MINUTES
REGULAR CITY COUNCIL T TING
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XIV. OLD BUSINESS (Continued)
B. SUNSHINE, MEAT, FISH & LIQUOR (Continued)
Upon question by Councilman Puluqi, Mr. Gunther responded
that he would be spending $175,000 to $200,000 to rehabilitate
the restaurant.
Councilman Puluqi asked the City Attorney if he would have a
conflict of interest in this matter inasmuch as he was a com-
petitor in business. Mr. Erwin responded that he thought not.
Mayor Pro-Tem McPherson asked if it would be in order to
require a cash bond from the applicant in the amount of
the demolition bid or $12,000, until such time as the next
Council meeting with the stipulation that they have full
detail, complete plans for the rennovation of this building,
giving them essentially a total of 120 days from their first
application for extension. Mr. Erwin responded that there
was no legal requirement compeling Council to award the bid
tonight. However, the proper procedures as outlined in the
City s ordinances have been followed and ratified by the
Council. Therefore, Staff no longer has the discretion to
accept any plans or specifications in this matter, and if
Council did so desire them to do so, they should be explicit
in their direction to Staff.
Mayor Pro-Tem McPherson stated that the thing that concerned
him was that the applicant was making another appeal, and he
was convinced that the plans were drawn yesterday. If Council
did grant them another 90 days, we could still be in the same
position 90 days from now. If they want to go ahead with this,
they should be made to put up or shut up. In other words,
put up the $12,000 for the demolition and get the plans in or
we go ahead and make the decision to award the bid. Mr. Erwin
said that the item could be continued as long as specific
requirements were stated.
Councilman Puluqi asked the applicant if he could have plans
ready in such a short time. Mr. Gunther stated that he could
have the plans submitted, but, of course, the planning process
would take much longer. Council noted that they acknowledged
the length of time it would take to process the plans and that
their concern was with submittal of the plans.
Councilman Newbrander moved to approve the work and award the
contract to Pomona Valley Equipment of La Quinta, low bidder. Mayor
Pro-Tem McPherson seconded the motion for the purpose of discussion.
Councilman Puluqi stated that he was a great supporter of
free enterprise, and he felt that anyone willing to spend
$175,000 on a building that has been really very ugly should
have some additional time with the requirement that they post
a cash bond for the demolition costs. He did not want to see
the City get stuck with the costs and then take years to
collect them.
vote:
Mayor Wilson called for the vote; motion failed on the following
AYES: Newbrander
NOES: McPherson, Puluqi, Snyder & Wilson
ABSENT: None
ABSTAIN: None
Mayor Pro-Tem McPherson moved that the applicant be required to
post a cash bond in the amount of $12,000 within 7 days from today and
have suitable plans into the Planning Department by the next Council
meeting - sufficient plans and working drawings into Staff by two weeks
or at that time Council would take whatever action is necessary such as
awarding the bid; if the cash bond is not here within 7 days, he forfeits
his rights, and if the working drawings are not here in two weeks,.he
forfeits his rights. Councilman Puluqi seconded the motion; motion carried
on a 4-1 vote with Councilman Newbrander voting NO.
April 24 , 1980
Page 7
MINUTES
REGULAR CITY COUNCIL MEETING
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XIV. OLD BUSINESS (Continued)
SUNSHINE, MEAT, FISH & LIQUOR (Continued)
MR. BOB CULLEN, Pomona Valley Equipment Company, LaQuinta, (53444
Obigone Trail) addressed Council for clarification of the bid
documents. He stated that the "call for bid" had stated the
work would be completed within 30 working days. Subsequent
to that, the Building Department had issued a bid specification
document which indicated 3 different dates in three different
places. He also questioned the requirement for 8' high barricades
which had not been spelled out in the "call for bid" but were
included in the bid document.
Mr. Erwin responded that the "call for bid" indicating 30 days
would be honored as the official time limitation. However, with
respect to the barricades, OSHA superceded any City requirement,
and they did require barricades to protect the public during
demolition.
Mr. Cullen asked that the Council release his bid bond relative
to the Cahuilla Hills demolition job inasmuch as it was his under-
standing that it would not be acted on for a considerable time.
Mayor Pro-Tem McPherson moved and Councilman Snyder seconded to
reject all bids relative to the Cahuilla Hills, Section 30, demolition
job and return the bidders bonds. Motion carried unanimously.
C. REQUEST FOR BUDGET AMENDMENT To Provide For Engineering
Costs For The Design Of A Traffic Signal Installation At
The Intersection Of Monterey Avenue and Country Club Drive.
D. REQUEST FOR APPROVAL OF CONTRACT WITH H. KIMMEL & ASSOCIATES
For Specifications, Engineering, Design, And Drafting Of Plans
For Signalization Of Monterey And 44th Avenue, Monterey And Gran
Via, And Monterey And Country Club Drive.
At the request of Staff, Mayor Wilson advised that Item "D" would
be discussed and acted upon first.
Mr. Bouman stated that proposals had been received from 5
firms for the plans and specifications for signalization of
the noted intersections. It was staff's recommendation that
the contract be awarded to H. Kimmel & Associates, low bidder,
with the estimated contract cost to be between $6,900 to $8,100.
Councilman Puluqi moved and Mayor Pro-Tem McPherson seconded to
approve the contract and authorize the Mayor and City Clerk to execute
said contract. Motion carried unanimously.
Mr. Bouman noted that monies needed to be transferred for
the design and engineering costs associated with the signali-
zation of the Monterey Avenue and Country Club Drive inter-
section. Resolution No. 80-49 would accomplish this.
Mayor Pro-Tem McPherson moved and Councilman Puluqi seconded to
waive further reading and adopt Resolution No. 80-49. Motion carried
unanimously.
XV. ORAL COMMUNICATIONS
None
XVI. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
MINUTES
REGULAR CITY COUNCIL MizfING
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XVI. REPORTS AND REMARKS (Continued)
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
Mayor Wilson asked that everyone note the Future Meetings
listed on the Agenda. Mr. Williams noted that the Parks
and Recreation Commission meeting scheduled for April 28,
1980, at 7:00 p.m. had been cancelled.
Mayor Wilson also noted that Council would adjourn the meeting
and go back into Study Session to continue a lengthy Agenda.
XVII. ADJOURNMENT
Mayor Pro-Tem McPherson moved and Councilman Puluqi seconded to
adjourn the meeting. Motion carried unanimously. Mayor Wilson adjourned
the meeting at 8:25 p.m.
i�i i /`/
S ', 7 WILSON , MAYOR � J
ATTEST:
',,, � Y, �.
SiIEILA R. GILLIGAN, CIT ' LERK
CITY OF PALM DESERT, CALIFORNIA
April 24- , 1980
Page 9