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HomeMy WebLinkAbout1980-02-18MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, FEBRUARY 28, 1980 CITY HALL COUNCIL CHAMBERS *iC * * r. * * * * r * * * * * * * itC J it * 1 r i* i* i* i* irC * * * * i n i� � . ri � * i, iC TC C * * * * X is I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:10 p.m. on Thursday, February 28, 1980, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore James E. McPherson III. INVOCATION - Mayor Edward D. Mullins IV. ROLL CALL Present: Councilman Noel J. Brush Mayor Pro-Tempore James E. McPherson Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D..Mullins Also Present: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services L. Clyde Beebe, Director of Public Works Paul E. Byers, Director of Finance Larry R. McAllister, Administrative Assistant V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE TO STEPHEN FLESHMAN In Appreciation Of His Dedicated Service As A Planning Commissioner. Mayor Mullins presented Mr. Fleshman with his plaque and thanked him for his dedicated service on the Commission. Mr. Fleshman expressed his appreciation and wished the Council luck in all future endeavors. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of February 14, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-081 and 80-082. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JANUARY, 1980. Rec: Receive and file. D. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION Meeting of February 14, 1980. Rec: Concur with the findings of the Building Board of Appeals and ratify their actions. February 28, 1980 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * * * * *:1` * * * * mot, * * * r. :4 J. .n * * ** * * * * * * * * :.* * * :F * * * VI. CONSENT CALENDAR (Continued) E. NOTICE OF COMPLAINT FOR BREACH OF ACTION By Telford Smith Supply Company Against Sing & Sons Construction Co., Curt Dunham, Paul Thoryk; Erik R. Watts, El Paseo Village, and Bank of America Relative To Tract No. 11881, Lot 1. Rec: Receive and file. F. PETITION OF COMPLAINT AGAINST COACHELLA VALLEY TELEVISION By Residents of Sandpiper Unit 3. Rec: Receive Petition and City Manager's Response and file. G. LETTER OF COMPLAINT AGAINST COACHELLA VALLEY TELEVISION Relative To Poor Service Received From Mrs. Ferne K. Simpson, 73-607B 18th Fairway Lane, Palm Desert, California. Rec: Receive and refer to the City Manager for response. H. RESOLUTION NO. 80-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING ASSESSMENT ON PARCEL NO. 627-112-007-4 IN THE CITY, FOR THE ABATEMENT OF A FIRE HAZARD. Rec: Waive further reading and adopt. I. NOTICE OF ACTION BY COUNTY BOARD OF SUPERVISORS Relative To Palm Desert's Master Plan of Drainage for the North Palm Desert Area. Rec: Receive and file. K. LETTER OF APPRECIATION FROM SUPERIOR CONSTRUCTION For Assistance Received From City Employees Lloyd Morgan and Chris Nevins. Rec: Receive and file. L. LETTERS OF DECEMBER 27, 1979, FROM THOMAS, BYRNE & SMITH Relative To Their Findings As To The City's Adequacy In Internal Accounting Controls And Giving Their Opinion As To The City's Compliance With The Requirements Of The Federal Revenue Sharing Regulations. Rec: Receive and file M. REQUEST FOR APPROVAL OF FINAL TRACT MAPS FOR TRACT 11636-2 AND 11636-3, LEWIS HOMES OF CALIFORNIA, APPLICANT. Rec: Waive further reading and adopt Resolution No. 80-20 and Resolution No. 80-21, approving Final Tract Map Nos. 11636-2 and 11636-3, respectively. N. REQUEST FOR RELEASE OF BONDS For Tract No. 9396, PRELUDE DEVELOPMENT COMPANY, APPLICANT. Rec: Approve the request, accept the work as complete, and authorize the City Clerk to release the bonds. Mr. Bouman requested that Items "H" and "K" be removed and the Mayor removed them for discussion. Councilman Wilson requested that Item "M" be removed for discussion. Councilman Brush requested that Items "C", "D", "F", "I", and "L" be removed for discussion. Mayor Pro-Tempore McPherson moved approval of the remainder of the Consent Calendar and Councilman Newbrander seconded. Motion carried unani- mously. February 28, 1980 Page 2 MINUTES REGULAR CITY COUNCIL L..-.TING if * * * * i. * is * * * * n is * * * is * 'n iIl` is VII. PUBLIC HEARINGS A. CASE NO. TT 14079 (AMENDMENT) - KENT LAND CO., APPLICANT: CON- SIDERATION OF A REQUEST FOR MOu u'iuATION OF SPECIAL CONDITION NO. 13, ADDED BY CITY COUNCIL RESOLUTION NO. 80-2, WHICH GRANTED A ONE-YEAR TIME EXTENSION FOR TT 14079, PROVIDING FOR 134 CON- DOMINIUM UNITS AND 13 COMMON LOTS ON APPROXIMATELY 27 ACRES WITHIN THE PR-5 ZONE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams stated that on January 24th, the Council had considered a time extension for this tract and had imposed another condition at that time. The applicant has filed a request for an amendment to that Special Condition #13 on the basis that the request for installation of drainage is an unjust burden on the developer of a 30-acre parcel. It is within the Hovley/Portola drainage area. Two major facilities are to be installed in this area. The applicant suggests that as an alternative, he be allowed to study the whole drainage area to ascertain the needed facilities and to allow the applicant to then install the facilities adjacent to the property. He has done some preliminary work which indicates pipe coming down by Country Club Drive would be better designed coming down Portola. The property owners to the north are in concurrence. This provides bene fit to the pipe system along Hovley in that it reduces the pipe size. Mr. Williams said that the applicant is not requesting a removal of the condition but is proposing to do the final engineering in terms of hydrology and he will commit to construct with a provision for full reimbursement for costs in excess of his drainage fees, not to exceed $100,000. Councilman Newbrander stated that she understood that the developer's fees were about $111,000 while this installation would cost about $250,000. With a maximum reimbursement of $100,000, where would the remaining money come from? Mr. Williams explained that it would come from adjacent developers. Councilman Brush asked if it was the opinion of Staff that the engineering benefits and changes are of benefit to the City. Mr. Williams responded that it is most important to begin at the start and the retention just east of Hovley is the start of the system and this property is right there. Mayor Mullins invited input in FAVOR of the request. Mr. William Fitch, representative of Kent Land, addressed Council and expressed his concurrence with Mr. Williams' proposed alternative. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Mayor Pro-Tempore McPherson seconded to waive further reading and adopt Resolution No. 80-22, Alternative "A". Motion carried unanimously. B. CASE NO. TT 14997 - DAVID MOSS, PRO -CON DEVELOPMENT/T & D INVESTMENTS, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP FOR 24 LOTS TO ALLOW 20 CONDOMINIUM UNITS, RECREATIONAL AREA AND COMMON OPEN SPACE ON APPROXIMATELY 4.5 ACRES WITHIN THE PR-5 (PLANNED RESIDEN- TIAL, 5 D.U./AC.) ZONE GENERALLY LOCATED ON THE SOUTH SIDE OF HOVLEY LANE, 2,400 FEET EAST OF MONTEREY AVENUE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. February 28, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING :c * * :: * * * * * * k * * * .. * * * :': * * * :: * * * * * x * * VII. PUBLIC HEARINGS (Continued) B. CASE NO. TT 14997 (Continued) Mr. Williams reviewed the Staff Report. He stated that the Planning Commission, in their review, had suggested a number of conditions which included improvements in conformance with the drainage plan which calls for improvements of Hovley Lane and installation of a storm drain. The Commission felt that the request was in conformance with the Zoning Ordinance and the Subdivision Ordinance and did recommend approval by their Resolution No. 570. Staff also recommended approval. Mayor Mullins invited input in FAVOR of the request. Mr. William Fitch, Wallach & Associates, addressed Council on behalf of the developer and expressed their concurrence with the Commission's recommendation. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Mayor Pro -Temp McPherson stated his concern relative to a piece -meal improvement of Hovley Lane. He felt that it was to become a major traffic carrier and would wind up like Monterey Avenue with two lanes in one area and widening to four lanes in other areas. He stated that Council had required other developers to do off -site improvements and wondered if this type of condition could be imposed in this case. Mr. Beebe responded that Chaparral had been required to do the off -site improvement of Portola so that in the event the Portola Wash was closed, their residents would have ingress and egress to their homes. Councilman Wilson expressed the same concern about total improvement of Hovley Lane and asked about the possibility of an additional condition along the lines of an agreement to participate in a future road improvement assessment district. Mr. Williams stated that Council did require this in some instances for undergrounding of utilities. Dave Erwin stated that this usually presupposes that they are not putting it in at the present time, and if this developer is now putting in the street, he is putting in his proportionate share. Further discussion decided that only 600' or two lots would remain unimproved at this time, but Mr. Williams advised that they should be in the foreseeable future. Mayor Pro-Tempore McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-23. Motion carried unanimously. C. CASE NO. DP 21-78 AND 158 MF - ROMAN CATHOLIC BISHOP OF SAN BERNARDINO (SACRED HEART CHURCH), APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED DEVELOPMENT PLAN AND PRELIMINARY DESIGN REVIEW APPLICATION FOR 31 DWELLING UNITS ON APPROXIMATELY EIGHT ACRES IN THE PR-4 ZONE LOCATED ON THE WEST SIDE OF DEEP CANYON ROAD, APPROXIMATELY 660 FEET NORTH OF 44TH AVENUE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams reported that this usually is decided by the Planning Commission. However, in this instance, it was the PR zone that allowed it and was approved by ordinance. The applicant has filed a request for a one-year extension of time. The project provides for particular amenities due to the fact that it is PR and provides for maintenance with- out an increase in density. The project would also be isolated from the development on the west. Staff recommended approval. 1 February 28, 1980 Page 4 MINUTES REGULAR CITY COUNCIL M1 'TING * * * * * i. * * V * * is is is is n * * is V :C is is * J: VII. PUBLIC HEARINGS (Continued) C. CASE NO. DP 21-78 AND 158 MF (Continued) Mayor Mullins 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 Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 80-24. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 80-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 79-69 AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED POSITIONS FOR THE 1979/80 FISCAL YEAR (Continued from the Meeting of February 14, 1980). Mr. Bouman reported that this resolution stemmed from the consultant's study by Ralph Anderson & Associates which had been conmiissioned by the City following the adoption of the 1980 budget. For the most part, the recommendations included here are those either made by or concurred in by the consultant. He noted an addition to the resolution in that a Clerk Typist II had been omitted under Code Enforcement. This position is one of two new positions which had been previously authorized on an interim basis and funded out of existing salary savings. The other new position is in Public Works, that of an Engineering Aide. Over and above that, there are a number of changes of classifications and position titles which in some cases upgrade certain positions and change them to be more meaningful in terms of responsibility. Mayor Pro-Tempore McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 80-16 as amended. Motion carried unanimously. B. RESOLUTION NO. 80-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 79-70, SECTION 1, TABLE OF SALARY RANGES FOR CLASSIFICATIONS AND POSI- TIONS, SECTION 4, MILEAGE REIMBURSEMENT, AND SECTION 5, AUTO ALLOWANCES, AND ESTABLISHING A REVISED TABLE OF AUTHORIZED SALARY RANGES FOR CLASSIFICATIONS AND POSITIONS, MILEAGE REIMBURSEMENT AND AUTO ALLOWANCES FOR THE 1979/80 FISCAL YEAR. Mr. Bouman stated that this was a companion resolution to the one that was just adopted and worked for the balance of the current fiscal year to accept the salary ranges for the posi- tions that were approved in Resolution 80-16. For the most part, the recommendations made are those of the consultant. Certain other factors were considered in the analysis of the Manager's recommendations, including some internal City relationships which the consultant couldn't take fully into consideration. In addition, there is included in the Table a cost -of -living increase built into the salary ranges of 2.5%. That typically is not a mid -year budget adjustment procedure and, as a matter of fact, he reminded the Council that for the first two years that he was here, he did not consider a cost -of -living increase as appropriate at mid -year adjustment, but under the present conditions, having the docu- mented evidence of a 13% inflation in 1979 with it running even higher now, he did. He explained that under the proposed resolution, salary increases range from 07 to as much as 20%. The consultant had recommended a decrease in salary in some cases, and thus the 2.57 cost -of -living increase would not be added to those positions leaving them at 0% increase. With regard to the other part of the resolution dealing with mileage reimbursement, the Manager's recommendation is for a 20% increase in car allowances. A study was completed by the February 28, 1980 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * * �� * i� iC * * * *1, J �. * * �� ;. n� n * J *J; i� * * * J� i. ** * * iC * 7,i�C iC* C* n 7'C i�C VIII. RESOLUTIONS B. RESOLUTION NO. 80-17 (Continued) Assistant City Manager and from that, an increase from 21C to 31per mile is proposed. That mileage rate and the auto allowances recommended take into consideration the fact that we have had tremendous increased costs in auto operation pri- marily due to the cost of gasoline and oil since last July. It still is not too predictable as to what might happen between now and June 30th as to those costs, and thus the Manager's recommendations are a little higher than the findings of the Assistant City Manager. Councilman Newbrander stated that she felt this should wait until the annual budget adoption. She asked if these adjust- ments were necessary at this time. Mr. Bouman responded that he could not say that they were necessary, but he felt that they were appropriate and desirable. It is in response to many, many requests that he had received from employees who are aware that typically the mid -year budget adjustments do not include cost -of -living increases. However, they're just as aware as all of us as to the amount of inflation that we are suffering, and they asked that the matter be given consideration. Councilman Wilson stated that he wanted to make 3 points for the record: He was against any blanket salary adjustment, or mid -year salary adjustment. Although he was very sympathetic to the cost -of -living increase which is affecting all of us, he felt that it should be dealt with on an annual basis. Secondly, he had a concern that by adjusting the salaries again mid -year without more study, we may greatly exceed the 1979/80 wage and price control guidelines that the President has set. And, thirdly, he objected to the mileage increase in that he felt the cost -of -living adjustment reflects the increase in gasoline and energy, and the Council would be hitting it twice. He felt that two cost -of -living increases in a year was too much and felt that there was additional incentive for those who use the automobile to cover those costs which should be reflected in the cost -of -living. Councilman Brush echoed Councilman Wilson's statements with the exception of those dealing with the auto allowances. He felt that the City asked those employees to take their own personal car and drive them in areas where no one else would normally go. He felt the wear and tear and all they have to do with those cars should be covered by the increase being talked about right there. Mayor Mullins stated that there has been a tremendous cost - of -living increase during this past year, and 13.5% is pretty hard for anybody to live with. Councilman Newbrander moved to continue the item to the next meeting to allow more time for consideration and review. Motion died for lack of a second. Councilman Brush stated he had very mixed emotions about the whole thing. He felt it unfair for those employees using their car to go ahead with the old car allowance, and he said he wouldn't want that job if he had to use his own car. He stated that this was intended to be a study of organization and position, and it turned out with some salary adjustment recommendations in it. He said that the thing that made him in favor of it was the fact that the consultant told us that in some areas we aren't competing with other cities, and we know for a fact we're losing key employees of the City. February 28, 1980 Page 6 MINUTES REGULAR CITY COUNCIL MrTING n' * i. iC * is * * n * * .. is n is * n i. * n is * is * V * * is * n * * * * * * * VIII. RESOLUTIONS (Continued) B. RESOLUTION NO. 80-17 (Continued) Councilman Brush moved and Mayor Pro-Tempore McPherson seconded to waive further reading and adopt Resolution No. 80-17. Motion carried on a 4-1 vote with Councilman Wilson voting NO. Councilman Brush added that he had made the motion with the understanding that this mid -year adjustment is not to be considered a precedent in the future years. C. RESOLUTION NO. 80-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF UNUSED STREET LOCATED AT THE NORTHWEST CORNER OF SHADOW MOUNTAIN DRIVE AND HIGHWAY 74. Mr. Williams reported that consistent with good administrative procedures, Staff was suggesting that Council consider abating a road that doesn't exist and getting it back on the tax roll. This resolution would set the public hearing to consider it. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 80-25. Motion carried unanimously. D. RESOLUTION NO. 80-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 76-72, ESTABLISHING A POLICY ON ALLOCATION OF FINANCIAL RESOURCES TO COMMUNITY SOCIAL SERVICES AND ORGANIZATIONS UNRELATED TO THE GOVERNMENTAL STRUCTURE. Mr. Bouman stated that this resolution attempted to address a problem the City faced every year when RSVP requested our City's support. This is a social program benefiting the senior citizens, a program which is administered by the City of Desert Hot Springs and subsidized by the Federal Government. In the past, we have not taken part in this program, primarily based on our existing policy resolution adopted in 1976 in which it was resolved that City funds would not be used to subsidize unless they were considered to be a direct respon- sibility of City Government. That would exclude our partici- pation even though it might be a worthy program. Council is aware that this request has been brought to us many times, and to resolve the problem, a revised resolution has been prepared. The key words "other than in support of those sponsored and administered by a governmental agency and specifically provided for in the City of Palm Desert's adopted budget" would allow us to participate in this program. Councilman Brush agreed that RSVP was a good organization, but he did not agree that those programs sponsored and administered by governmental agencies were always good. He felt that if the City were to be involved, the City should administer the program. Councilman Newbrander stated that she did not think the City should be giving away any more money. She had been against contributing to the Chamber of Commerce and RSVP even though she felt the latter was a very worthwhile organization. Councilman Wilson stated that he felt that many of our citizens are now benefiting from RSVP, and he felt that we had an obliga- tion as a City for these special services. The senior citizens need to be addressed in our concerns, and RSVP is a most economi- cal means of addressing it. Councilman McPherson reminded Council that the line had been very long in requests for money which had resulted in the adoption of the existing resolution. He did not feel that situation would change. Councilman Wilson pointed out that every agency except Palm Desert has justified it. We should look at it to see if we are being unrealistic. Other cities have not carried their share in other areas such as the bus service. This is the same type of situation. Other cities are now carrying our share. FPhriiary 98 148f1 r.)-,r" 7 MINUTES REGULAR CITY COUNCIL MEETING * ** * * :�f i�f :� * :�f * i�f * V * * ** *** * * * ** * * * * * is:�C C * *** * * VIII. RESOLUTIONS (Continued) D. RESOLUTION NO. 80-26 (Continued) Councilman Brush moved to reject the resolution, and Councilman Newbrander seconded the motion. Motion carried on a 3-2 vote with Council- man Wilson and Mayor Mullins voting NO. E. RESOLUTION NO. 80-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS, AND FIXIN(.,_ COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF SAID CITY ON TUESDAY, APRIL 8, 1980, HERETOFORE CALLED BY RESOLUTION NO. 70-1 OF THE CITY COUNCIL. Mr. Bouman advised that this was a routine resolution related to the upcoming Municipal Election, and the City Clerk would respond to questions, if any. Councilman Newbrander moved and Mayor Pro-Tempore McPherson seconded to waive further reading and adopt Resolution No. 80-27. Motion carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 221 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING TITLE 28 TO THE PALM DESERT MUNICIPAL CODE, RELATING TO THE PREVENTION OF FLOOD DAMAGE. Mr. Ortega reported that this was an ordinance that had been the subject of several study sessions and a public study session. It implements the Flood Insurance Rate Map which will become effective April 15, 1980. The ordinance sets new standards for construction and substantial rehabilitation in the high risk area. It also allows Palm Desert residents, effective April 15, 1980, to purchase increased flood insurance under the regular program. Up to that date, residents can purchase only under the "emergency program". Under the regular program, insurance is available for single-family residences up to $185,000 and contents up to $60,000. Councilman Wilson expressed concern regarding the implementation of the ordinance and raising the floor levels on lots on the south side. Mr. Ortega responded that we have addressed this before in implementing the grading ordinance. Unless a variance is granted by the City Council, we will have an ordinance that must be enforced. Lots would be required to be built up. Councilman Brush stated that we are talking about raising some properties 3 feet above the street. He stated his main concern is that if we allow development in that area, we are shoving the water down on the people who are already living there. He asked why those people should be penalized. Are we pro- tecting new homes at the expense of ones already here? After much further discussion relative to the raising of pads, Councilman Wilson pointed out that the City's hands were tied. The ordinance must be adopted to ensure residents of proper flood insurance. However, he felt that every development, single-family or otherwise, should be reviewed by Council. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 221 to second reading. Motion carried unanimously. Councilman Brush expressed concerns that action must be taken before the ordinance goes into effect so that building can be reviewed. He suggested Council direct Staff to prepare a procedure to make sure that all of the building comes before Council before approval. February 28, 1980 Page 8 MINUTES REGULAR CITY COUNCIL M--TING n * * is is n i. is is * k is n is * is i. * * * * * * is is is * is is i* is n is is .. IX. ORDINANCES (Continued) For Adoption: None X. CONSENT ITEMS HELD OVER H. RESOLUTION NO. 80-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING ASSESSMENT ON PAR- CEL NO. 627-112-007-4 IN THE CITY, FOR THE ABATEMENT OF A FIRE HAZARD. Mr. Bouman reported that this matter would require a public hearing and asked that Council so set a hearing for the meeting of March 13, 1980. Mayor Pro-Tempore McPherson moved and Councilman Newbrander seconded to continue the matter to the meeting of March 13, 1980, and instruct the City Clerk to so legally advertise and notify the applicant. Motion carried unanimously. K. LETTER OF APPRECIATION FROM SUPERIOR CONSTRUCTION For Assistance Received From City Employees Lloyd Morgan and Chris Nevins. Mr. Bouman reported that in Agenda preparation, Mr. Art Valdez's name had inadvertently been omitted as one of the employees recognized for his service. He noted that he should be so acknowledged. Councilman Wilson moved and Mayor Pro-Tempore McPherson seconded to receive and file the letter, noting the additional employee. Motion carried unanimously. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JANUARY, 1980 Councilman Brush questioned the $340 expenditure for the Historical Society. Mr. Bouman explained that it was a budgeted item. D. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION Meeting of February 14, 1980. Councilman Brush questioned the permission for use of aluminum wiring vs. the required copper. Mr. Bouman advised that he would have to have the Director of Building & Safety respond directly to Council by memo as he did not have the answer. F. PETITION OF COMPLAINT AGAINST COACHELLA VALLEY TELEVISION By Residents of Sandpiper Unit 3. Councilman Brush noted this and Item G, another complaint against Coachella Valley Television, as a seemingly on -going problem and asked what was being done about it. Mr. Bouman responded that he had met with Mr. Benes, who had offered to be at the meeting if it was felt necessary, and the problems have been worked out to the customers' satisfaction. A Mrs. Simpson voiced an opinion from the audience that her complaint had not been resolved, and Council asked that she make an appointment with the City Manager to discuss the problem. I. NOTICE OF ACTION BY COUNTY BOARD OF SUPERVISORS Relative To Palm Desert's Master Plan of Drainage for the North Palm Desert Area. Councilman Brush asked that Staff investigate this to see just what is meant by the referral to the County Road Depart- ment and what action the County will take, if any. Mr. Bouman advised that staff would look into it and report to Council. February 28, 1980 Page 9 MINUTES REGULAR CITY COUNCIL MEETING * * .� r� * * *r, r * * * *irC ir: * is iV* il' J` J� i': i; i� * i * X iV irf * i:' irC irC * * * is V irf n *� . .. X. CONSENT ITEMS HELD OVER (Continued) L. LETTERS OF DECEMBER 27, 1979, FROM THOMAS, BYRNE & SMITH Relative To Their Findings As To The City's Adequacy In Internal Accounting Controls and Giving Their Opinion As To The City's Compliance with the Requirements of The Federal Revenue Sharing Regulations. Councilman Brush stated that he did not see anywhere that Staff had addressed the corrections noted in the letters. Mr. Bouman assured Council that they were being addressed and corrective action taken. M. REQUEST FOR APPROVAL OF FINAL TRACT MAPS FOR TRACT 11636-2 AND 11636-3, LEWIS HOMES OF CALIFORNIA, APPLICANT. Councilman Wilson asked for a progress report in that considerable discussion had been held the meeting prior as to their grading. Mr. Beebe reported that the day following the last meeting, Lewis Homes had one of the ditches completed. They have been continuing along and have done what they said they would. Councilman Wilson moved and Mayor Pro-Tempore McPherson seconded to approve Items C, D, F, I, L, & M of the Consent Calendar as presented. Motion carried unanimously. XI. NEW BUSINESS None XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF GENERAL SERVICES AGREEMENT WITH THE COUNTY OF RIVERSIDE. Mr. Bouman reported that this was a 5 year extension for services in the area of road maintenance and repair. It costs the City cost plus overhead, and it is a good arrange- ment for us Councilman Wilson moved and Mayor Pro-Tempore McPherson seconded to approve the Agreement and authorize the Mayor to execute same. Motion carried unanimously. B. REQUEST FOR CONSIDERATION OF AWARD OF BID FOR CONSTRUCTION OF FIRE STATION #2. Mr. Williams reported that bids were opened on February 2lst and 3 had been received: Baldi Brothers - $539,000; Bretz Construction - $580,000; and Cheyne Construction - $615,979. The bids has been reviewed by the architect, and he finds that the low bid is consistent with the project as it is designed even though it is over the estimate. He has reviewed with Council in Study Session the reasons for the overages, and he is suggesting that they appear to be justified. He sees no benefit to minor redesign and rebidding the project. It is Staff's recommendation to approve the award of bid and to also adopt Resolution No. 80-28 which would budget the additional funds required. Council discussed the merits of redesign and rebidding, deciding that costs would only have gone up by the time the bid went out again and the City would lose more money. Mayor Pro-Tempore McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 80-28. Motion carried unani- mously. Mayor Pro-Tempore McPherson moved and Councilman Brush seconded to award the bid to Baldi Brothers in the amount of $539,000 and authorize the Mayor to execute it. Motion carried unanimously. 1 1 February 28, 1980 Page 10 MINUTES REGULAR CITY COUNCIL i TING A- * iC iC irC * iC r r� * * _ i11C i� irC i� n irC o< r* J * r. ir` J; •r• n n n iC .. n i� .� � .� .� n i. f i. . i� a iC iC irC irC irC XII, OLD BUSINESS (Continued) C. REQUEST FOR EXTENSION OF TIME ON THE RANCHO ROAD IMPROVEMENT PROJECT. Mr. Bouman reported that with bad weather, vandalism, delay of delivery of the pumps, the inability of SCE to remove power poles on Avenue 44, cable television delay in removal of a cable on a power pole, and redesign and additional work ordered on San Pasqual Avenue for drains and roadwork, the project has been delayed. They are requesting a 30-day extension of time. Councilman Brush asked how long it would be before the parts would come in and Mr. Beebe responded that they had arrived that day. He also stated that he had a signed agreement with Edison for removal of the poles. Councilman Wilson asked why 45 days and not 10 days. Mr. Beebe responded that they were already 28 days beyond their deadline so this was really an additional 17 days. Councilman Brush stated that the handicap ramps were sloped in such a way that they rain water was draining into certain properties. Mr. Beebe responded that redesign is correcting that problem. Councilman Brush moved and Mayor Pro-Tempore McPherson seconded to authorize an extension of 45 calendar days for Contract No. 1022. Motion carried unanimously. XIII. ORAL COMMUNICATIONS The following individuals spoke against the length of time it was taking Massey Sand & Rock Company to complete the Rancho Road Project: MRS. CAROL STEER, 43-670 Buena Circle, Palm Desert MR. TIM HAMMONS, 43-610 Buena Circle, Palm Desert MRS. SHARON HAMMONS, 43-610 Buena Circle, Palm Desert Concern was also expressed about the completion of a swale at the Lewis Homes Project. The following individual thanked the City Council for the Rancho Road Project and all the City assistance they had received during the recent rains: MRS. JANET BROCKMAN, 73-936 Rancho Road, Palm Desert XIV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 80-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1979/80 BUDGET TO PROVIDE FOR SALARY AND FRINGE BENEFIT ADJUSTMENTS. Mr. Bouman stated that this resolution would have to be adopted in order to fund the salary changes adopted pre- viously in the meeting. However, before adoption, he requested that it be amended to reflect a $2,400 expendi- ture to repair the lights at Olsen Field where the Little League teams play. Evidently the lights have been shot out, and Mr. Jim Montoya of the Palm Desert Youth Sports Association had requested financial assistance from the City. Considerable discussion followed about how to prevent them from being shot out again. Councilman Brush moved and Mayor Pro-Tempore McPherson seconded to waive further reading and adopt Resolution No. 80-29 as amended. Motion carried unanimously. February 28, 1980 Pa¢P 11 MINUTES REGULAR CITY COUNCIL MEETING is * * * n * i�: i�: i�: �: i * i i i�::�: is* * i� * ** * J J:is is is .. : .. : `: * * :*: is * �: * * * XIV. REPORTS AND REMARKS (Continued) B. CITY ATTORNEY 1. RESOLUTION NO. 80-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ACCEPTING EASEMENTS SHOWN ON THE FINAL SUBDIVISION MAP OF PALM DESERT. Mr. Erwin reported to clean up some easements between the Frontage Road and El Paseo, he was presenting this resolu- tion. The County had never accepted the driveway, parking, and utility easements offered. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 80-30. Motion carried unanimously. C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Wilson asked that Staff be directed to come up with a report on what the City's alternatives are relative to the Flood Ordinance and that said report be discussed during a Study Session. 2 Councilman Wilson asked the status of the joint powers agreement with the Desert Sands School District on use of the Cook Street site. Mr. Bouman stated that it was on his desk for review. Mayor Mullins asked that everyone note the Future Meetings listed on the Agenda as well as those listed on the Study Session Agenda. XV. ADJOURNMENT Mayor Pro-Tempore McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 9:45 p.m. ATTEST: SHEILA R. `?JILLIGAN, 9'1TY CLERK CITY OF PALM DESERT;" CALIFORNIA ARD D.'MULLINS, MAYOR 1 • February 28, 1980 Page 12