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HomeMy WebLinkAbout1980-08-14MINUTES REGULAR CITY COUNCIL MEETING THURSDAY; AUGUST 14, 1980 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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, August 14, 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: Carlos L. Ortega, Acting City Manager David J. Erwin, City Attorney L. Clyde Beebe, Director of Public Works Paul E. Byers, Director of Finance Murrel Crump, Principal Planner V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of July 24, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 81-014, 51-015, and 81-016. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JUNE, 1980. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Herbert E. Hoffman for the Eating Place, 73-155 Highway 111, Palm Desert, California. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Randall L. Guyer tor the Desert Wharf Seafood Market, 72-839 Highway 111, Palm Desert, California. Rec: Receive and file. F REQUEST FOR REFUND of Fees by James M. Mesarch. Rec: Approve the request and authorize the refund of $30.00 from Account No. 01-4980. August 14, 1980 Page 1 iilivulLJ REGULAR CITY COUNCIL MFETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR (Continued) G. REQUEST FOR REFUND of Duplicate Payment from Continental Pools. Rec: Approve the request and authorize the refund of $100.00 from prior year Budget Account No. 11-4980-000. H. REQUEST FOR ACCEPTANCE OF WORK ON CONTRACT NO. 1033, MASSEY SAND AND ROCK COMPANY (Asphaltic overlay and slurry sealing of El Paseo). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Com- pletion with the County of Riverside Recorder. I. CLAIM AGAINST THE CITY By Fletcher Hills Venture, Inc., 8514 Commerce Avenue, San Diego, California, for an Unspecified Amount. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and to refer the Claim to the Insurance Carrier. J. REQUEST FOR AUTHORIZATION to Waive Drainage Fees for Tract No. 15366, Ironwood Development Corporation. Rec: By Minute Motion, waive Drainage Fees for Tract No. 15366 in the amount of $7,500. K. REQUEST FOR AUTHORIZATION for the Filing of Application for State Park Bond Monies. Rec: Waive further reading and adopt Resolution No. 80-102, designating the Assistant City Manager as Agent to file. Councilman Snyder moved and Councilman Puluqi seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CASE NO. SNC-3 - CONSIDERATION OF NAME CHANGE FOR 44TH AVENUE TO FRED WARING DRIVE FROM PAINTERS PATH ON THE WEST TO THE EASTERLY CITY LIMITS. Mayor Wilson noted that the Council had met in Study Session prior to the Council meeting for the purpose of discussing items on the Agenda; however, no decisions had been made during this Session. Mr. Crump reported that prompted by a request by the Associated Chambers of Commerce, the City Council had initiated a public hearing relative to the proposed street name change. Every attempt had been made to contact affected residents and property owners. He reviewed the contents of the Staff Report. Mayor Wilson declared the Public Hearing open and invited input in FAVOR of the request. MR. JIM WALSH, Associated Chambers of Commerce, addressed the Council as the individual responsible for initiating the request for the street name change. He urged Council's approval. He pointed out that Mr. Waring was 80 years old and had served his country for 65 of those years by bringing pleasure to so many. Mayor Wilson invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 80-103. Motion carried unanimously. August 14, 1980 Page 2 M1L UIt 6 REGULAR CITY COUNCIL MF'TING VIII. PUBLIC HEARINGS (Continued) B. CONSIDERATION OF VACATION OF A PORTION OF COOK STREET, SOUTH OF FAIRWAY DRIVE AND NORTH OF INDIAN WELLS CITY LIMITS. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Crump reviewed the Staff Report, pointing out that the request had been initiated by Vintage Properties. The right- of-way involved, which is the west half of the street and two properties immediately to the west, would revert to Vintage Properties to enable them to use it for their entrance He pointed out that there is ample justification for the vacation in that Cook Street is not to continue south. Thus, Staff recommended approval by Resolution No. 80-104. Mayor Wilson invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-104. Motion carried unanimously. C. CASE NO. SC-1 - CONSIDERATION OF PUBLIC INPUT ON CLOSURE OF SANTA ROSA WAY, SAN NLLtiuiAS AVENUE AND GUADALUPE AVENUE AT MONTEREY AVENUE, AND OPENING OF THREE (3) NEW NORTH -SOUTH STREETS BETWEEN SANTA ROSA WAY AND GUADALUPE AVENUE. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Ortega reported that this was action required in conjunc- tion with the approved C.O.D. Specific Plan. He noted that all the parcels that are being affected by this work have been acquired by the City so that all work can be done without additional property acquisitions. He noted that 3 letters of opposition had been received, 4 letters in favor, and one letter inquiring as to the status of further property acquisi- tion. Mr. Crump reviewed the major provisions of the street closure plan. Mayor Wilson invited input in FAVOR of the request, and none was offered. He requested input in OPPOSITION to the request. The following individuals spoke against the street closure plan feeling that Catalina Way would become a speedway, that drainage for the entire area would become a problem, opposing the north/ south streets, and encouraging the closure of Catalina Way at both ends as well as Guadalupe Avenue. Mrs. Trini Arce, 73•-075 San Nicholas, Palm Desert Mr. David Holmes, 73-160 Catalina Way, Palm Desert Mrs. Alice Crounse, 73-110 Catalina Way, Palm Desert Mrs. Cindy Mulholland, 73-081 Santa Rosa, Palm Desert Mr. Bob Anders, 73-160 Guadalupe, Palm Desert Mrs. Connie Fars, 73-150 Catalina, Palm Desert Mr. Bob Mitchelson, 73-180 Catalina Way, Palm Desert Mr. D. L. Bulch, Palm Desert Mrs. Connie Flores, 73-150 Catalina Way, Palm Desert Mr. Sam Flores, 73-150 Catalina Way, Palm Desert Mayor Wilson asked for any other input, and the following was offered: Mr. Sid Weighly, 73-061 San Mateo, Palm Desert, stated that he had been present at the neighborhood meetings where this plan had been presented and overwhelmingly approved by the majority of residents in this area. He felt they should now have an opportunity to speak if it were going to be changed. August 14, 1980 Page 3 MINUTES REGULAR CITY COUNCIL M„TING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With no further input offered, Mayor Wilson declared the Public Hearing closed. Councilman McPherson noted that with the widening of Monterey Avenue, islands would be placed in the center which would pre- vent left turns onto Catalina Way. Mayor Wilson asked the City Attorney whether the Council could make the change in the closure of Catalina Way without renoticing the hearing. Mr. Erwin responded that this could be done if Council so desired. Councilman Snyder stated that he felt strongly that if any changes were to be made, that it should be the subject of another public hearing to allow those people who might object to be heard. Councilman McPherson stated that he felt that the suggested change was a valid one, but that if he lived on San Nicholas, he would not agree. He stated his preference of sending the matter back to the Planning Staff and directing them to look at it along with the public safety department. Councilman McPherson moved and Councilman Newbrander seconded to refer the matter to the Planning Staff and renotice a public hearing after the Planning Commission has made a recommendation. Motion carried unani- mously. D. CONSIDERATION OF PROTESTS UNDER CHAPTER 27 PROCEEDINGS FOR THE CONSTRUCTION OF CURB AND GUTTER ON THE NORTH SIDE OF WILLOW STREET BETWEEN DESERT LILY AND PURSLANE. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Ortega reported that six of the nine property owners involved had petitioned the City for initiation of this work, and this public hearing was to receive any public input associated with it. Mayor Wilson invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Snyder moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 80-112. Motion carried unanimously. Councilman Snyder moved and Councilman McPherson seconded to authorize the City Clerk to call for bids for said project. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 80-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF CERTAIN DEEDS FOR PROPERTY PURCHASED BY THE CITY IN ACCORDANCE WITH THE C.O.D. SPECIFIC PLAN AND DIRECTING THE CITY CLERK TO RECORD SAID DEED. Mr. Ortega reported that this was a housekeeping item. The property has been purchased, and now the Council must accept it Councilman Snyder moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 80-106. Motion carried unanimously. B. RESOLUTION NO. 80-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING ACCEPTANCE OF DEED FOR CIVIC CENTER SITE PROPERTY. Mr. Ortega reported that in June of 1979, the Council had entered into an agreement to purchase the property for the civic center. The agreement was that the escrow would close within 10 days of the recording of the map. This map is about to record, and August 14, 1980 Page 4 MINUTES REGULAR CITY COUNCIL Mr-TING IX. RESOLUTIONS (Continued) B. RESOLUTION NO. 80-107 (Continued) thus Council action is required to accept it. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 80-107. Motion carried unanimously. C. RESOLUTION NO. 80-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 74-50, SECTION 15, SPECIAL REQUEST INSPECTIONS AND ADDING ITEM NO. 3 KNOWN AS THE CODE COMPLIANCE SERVICE INSPECTION FEE. Mr: Ortega reported that requests for inspections required to determine whether or not a certain occupancy is allowed in a building or if the building itself meets requirements are now being done with no fee. The Building Department is requesting the adoption of a non-refundable fee for such cases. This would include additional inspections, if required. Councilman Puluqi moved and Councilman Snyder seconded to waive further reading and adopt Resolution No. 80-107. Motion carried unani- mously. D. RESOLUTION NO. 80-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1980-81 BUDGET TO PROVIDE FOR THE COST OF CURB AND GUTTER INSTALLATION IN THE WILLOW STREET/PURSLANE AREA. Mr. Ortega reported that because of Council's approval under Section D of Public Hearings of the Chapter 10 proceedings, money will have to be advanced by the City to pay for the work until it can be collected thru the assessment procedure. Councilman Newbrander moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-109. Motion carried unanimously. E. RESOLUTION NO. 80-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1980-81 BUDGET TO PROVIDE FOR INCREASED COSTS OF NUISANCE ABATEMENT. Mr. Ortega reported that the City will now hire a contractor to abate public nuisances and then collect from the property owner for the work done. However, more money is needed to do the work. This money will be repaid by the property owner through the assessment process. Councilman Puluqi moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 80-110. Motion carried unanimously. F. RESOLUTION NO. 80-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF A PUBLIC STREET KNOWN AS FAIRHAVEN DRIVE, BETWEEN SAN JUAN DRIVE AND PARK VIEW DRIVE. Mr. Crump reported that this request was previously presented to the Council on July 10, 1980, at which time the request was denied with the Council asking for more information or justifica- tion on the street vacation. He explained that the street vacation is being requested to eliminate the existing right-of- way, with the applicant proposing to construct a new future private road with access to Park View Drive with the existing lot lines adjusted to provide for future development. MR. CHARLES MARTIN, Architect for the Applicant, addressed Council and stated that the Traffic Committee had already approved the concept of the vacation. He stated that the City had already vacated Fairhaven immediately south of Parkview. August 14, 1980 Page 5 MINUTES REGULAR CITY COUNCIL N TING * * * * * * * * * * * "* * * * * * * * * * * * * * * * * * * * * * * * IX. RESOLUTIONS (Continued) F. RESOLUTION NO. 80-111 (Continued) Considerable Council discussion followed relative to what was being developed as a result of the vacation and lot line adjustment, density, and traffic flow. Mr. Martin was unable to specify the owner's plans for the property. Councilman Newbrander moved and Councilman Snyder seconded to continue the matter to the meeting of August 28, 1980, to allow the applicant to submit a development plan for the property. Motion carried unanimously. X. ORDINANCES For Introduction: None For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AN AGREEMENT WITH THE HOUSING AUTHORITY, COUNTY OF xivr.KSIDE. Mr. Ortega reviewed the Staff Report, stating that the request was from the Housing Authority for the County of Riverside who had an interest in undertaking a housing project within the City boundaries. He reviewed the provisions of the proposed Agreement. MR. GUS RAMOS, Eastern Area Director for the Housing Authority, 82-365 Highway 111, addressed the Council and explained the type of project proposed by the Housing Authority and how it would operate. Councilman Snyder expressed strong concern in giving up City control over our own building codes and restrictions. He felt the City would be sacrificing their standards. Mr. Erwin explained that they would be required to comply with the City's building codes. However, the City could not charge them any building fee or permit fee. Mayor Wilson asked who would have the final say in approving a project. Mr. Erwin responded that although it was a "gray area", the Housing Authority is technically a State agency and as such, the City may not have any control over them. Mr. Ortega stated that as a representative of the City, he had worked long and hard with the Housing officials to get an agreement that we could live with and one where there was no misunderstanding as to what the City was giving up. Mayor Wilson asked whether or not the Agreement could ever be rescinded. Mr. Ortega responded that it could only up until the point that something was being built. Mayor Wilson pointed out that this issue had been voted on by the voters in Palm Desert who had indicated a desire for low-cost housing by passing the measure. Councilman McPherson agreed and stated that the Council had been talking about it for years, and now was as good a time as any to do it. Councilman Puluqi stated that he felt this type of housing was welfare type housing, and Councilman Newbrander expressed con- cern about the maintenance of the buildings. August 14, 1980 Page 6 MINUTES REGULAR CITY COUNCIL MF""ING * * * * * * * * * * * *. * * * * * * * * * * * * ). * * * * * * * * * * * XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AN AGREEMENT WITH THE HOUSING AUTHORITY (Continued) Mr. Ramos responded that the Housing Authority must assure that the buildings are maintained. He pointed out that they are not welfare type buildings where rent is paid but rather where money is offered to developers at a much reduced interest rate, thus allowing for lower construction costs and subsequent rents. Mayor Wilson stated that there was a need to provide reasonable housing for our citizens; we committed to put this issue on the ballot for the voters to decide if we wanted this type of housing and they passed it by a 2-1 vote; and with the assurance of the City Attorney, we could get out before we were in too deep and we would not loselocal control and authority. Councilman McPherson moved and Mayor Wilson seconded to approve the request and authorize the Mayor to sign. The motion was defeated by the following vote: AYES: NOES: ABSENT: ABSTAIN: McPherson & Wilson Newbrander, Puluqi, & Snyder None None B. REQUEST FOR APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARJORIE LINDAMOOD, MANAGEMENT CONSULTANT, PROVIDING SPECIAL SERVICES FOR THE PURPOSE OF IMPROVEMENT IN MAINTENANCE AND UTILIZATION OF FILES AND CITY RECORDS. Mr. Ortega reported that the process of purging all files procedure for City records. the services of a person who work. City Clerk's office was in the and beginning a microfilming This Agreement would engage specializes in this type of Councilman McPherson moved and Councilman Snyder seconded to approve the agreement and authorize the Mayor to sign. Motion carried unanimously. XIII. CONTINUING BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B XVI. MR. STEPHEN FLESHMAN, 73-337 Haystack Road, Palm Desert, addressed the Council requesting time in a Study Session to discuss the matter of the Fringe Toed Lizard. With Council concurrence, Mayor Wilson asked Mr. Fleshman to give his report immediately after the Reports and Remarks Section of the Agenda. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Ortega presented a request for authorization to file for a $31,800 grant to go along with the $60,000 budgeted to implement the Highway 74 Bicycle Path. He pointed out that Highway 74 will be fully improved in the near future, making it an even more major highway than it already is. The Plan calls for a separate bike path from Homestead Road to El Paseo. Councilman Puluqi asked if the Frontage Road did not go all the way up Highway 74, and it was pointed out that August 14, 1980 Page 7 MINUTES REGULAR CITY COUNCIL M''TING * * * * * * * * * * * � * * * * * * * * * * * * * * * * * * * * * * * * * XVI. REPORTS AND REMARKS (Continued) A. CITY MANAGER (Continued) it stopped in at least one place - by Deep Canyon Tennis Club. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-114. Motion carried unani- mously. 2. Mr. Ortega reported that the City had received a request with seven signatures from those merchants surrounding the parking lots about to be improved. Said petition asks the City to initiate whatever proceedings are neces- sary to form a maintenance assessment district. Councilman McPherson moved and Councilman Snyder seconded to direct Staff to commence proceedings to form a maintenance district for Parking Lots 1 & 2 in the Redevelopment Agency area. Motion carried unanimously. B. CITY ATTORNEY Mr. Erwin reported that some time ago, the City had accepted the Alessandro street dedications made to the County in 1946. In the project of improving that right-of-way, it is a require- ment to relocate water mains that belong to the Palm Desert Community Services District. The question is who stands the cost? State law is such that the agency that was prior in time can require the second agency to bear the cost. He stated that he had reached an agreement with the Community Services District whereby the cost would be split with the City's share being $2,500 and requested the Council's approval. Councilman McPherson moved to approve the agreement and authorize the expenditure of $2,500. Councilman Newbrander seconded the motion. Motion carried on a 4-0-1 vote with Councilman Puluqi ABSTAINING. C. MAYOR AND MEMBERS OF THE CITY COUNCIL None At this time, Mr. Stephen Fleshman addressed the Council and presented an aerial photograph of an area to be designated as a reserve for rare and endangered species in the desert. He stated that the firm he worked for had owned this land and had traded it for another area from the Bureau of Land Management. Mr. Fleshman pointed out that the State of California has declared the Fringe Toed Lizard a rare and endangered species and pointed out that if the U. S. Government follows with this declaration, areas such as ours can suffer hardship by the restrictions placed by the Government. He stated that it might even mean that the U. S. Army Corps of Engineers would not be allowed to come in and improve the Whitewater Channel in that it is located within this designated area for the Fringe Toed Lizard. He urged Council to investigate the matter and take a stand and let the U. S. Government know. He felt that if one large area were designated as a reserve, the surrounding areas could be unaffected. Council directed Staff to investigate the matter and make a report at the next Study Session. Mayor Wilson asked everyone to note the future meetings listed on the Agenda. August 14, 1980 Page 8 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Councilman McPherson moved and Councilman Snyder seconded to adjourn the meeting. Motion carried unanimously. Mayor Wilson adjourned the meeting at 9:37 p.m. ATTEST: SHEILA R. GIILIGAN, CT27 CLERK CITY OF PALM DESERT, LIFORNIA August 14, 1980 Page 9