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HomeMy WebLinkAbout1980-01-24MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 24, 1980 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the regular meeting of the Palm Desert City Council to order at 7:05 p.m. on Thursday, January 24, 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 Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney Paul E. Byers, Director of Finance Carlos L. Ortega, Assistant City Manager V AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Mullins stated that, with Council concurrence, he would like to reappoint Dr. Robert Rottschaefer to the Coachella Valley Mosquito Abatement District for another two-year term. Unanimous concurrence of the Council was offered. Mayor Mullins read a Proclamation declaring the week of February 10, 1980, as Crime Prevention Week which had been prepared at the request of the Palrn Desert Exchange Club. Mr. Ralston Calvert, President of the Exchange Club, accepted the Proclamation and thanked the City Council for their present and past support of their efforts. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of January 10, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-064, 80-065, and 80-071. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF DECEMBER, 1979. Rec: Receive and file. D. REQUEST FOR AWARD OF BID For the Purchase of a Flat Bed Truck For The Public Works Department. Rec: Approve the request and authorize the Purchasing Agent to issue a purchase order in the amount of $10,787.06 for a flat bed truck from Magruder Chevrolet, low bidder. Tarr iary 76 1 QRfl MINUTES REGULAR CITY COUNCIL MEETING n � * :: * * :; ;c ., :: i'; i; iC n' i; i'; �': i. �: * * iC i'C J` * * i; �: i� J; iC :; i;* VI. CONSENT CALENDAR (Continued) E. REQUEST FOR RELEASE OF BONDS FOR TRACT NO. 9144-1, -2, -3, & -4, DEEP CANYON LTD. Rec: Accept the work as complete and authorize the City Clerk to release all faithful performance, labor and material, and monumentation bonds. Mayor Mullins removed Items D & E for discussion under Consent Items Held Over, Section X of the Agenda. Councilman Newbrander moved and Councilman Brush seconded to approve the Consent Calendar as presented with the exception of Items D and E. Motion carried unanimously. VII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST FOR VACATION OF RANCHO GRANDE, tsh iwttN SIERRA VISTA DRIVE AND MONTEREY AVENUE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams advised that this request was to allow the Council to determine if there was sufficient interest to begin vacation of a portion of this road. The concept started back in the development of the C.O.D. Specific Plan. He pointed out that the recommendation is based upon three factors: (a) the "S" curve which will result with the widening of Monterey Avenue in the vicinity of Rancho Grande; (b) the positive benefits which result in limiting the number of curb cuts along arterial routing; and (c) the possibility that Rancho Grande and Fairhaven Drive could become a bypass route of the Avenue 44- Monterey Avenue intersection. Mayor Mullins invited input in FAVOR or OPPOSITION to the proposed vacation. MR. KEN SHAW, 72-884 Sierra Vista, addressed Council asking if the proposed shopping center would allow traffic to enter Rancho Grande. Mayor Mullins advised that it would not. MS. MILDRED BROWN, representing three property owners affected by the proposed vacation, stated that the lots had originally been zoned R-3 and changed to R-2 and now they were losing a corner of the propoerty. She asked what the possibility of rezoning would be. Staff advised that she could apply for rezoniing and pointed out that that property will receive an additional 40 feet of property as a result of the vacation. MR. MARVIN FOSTER, 72-891 Sierra Vista, Palm Desert, asked if traffic would be coming out into Fairhaven Drive. Staff responded that it would not. 1 Mayor Mullins declared the Public Hearing closed. Councilman Brush asked Staff if they would be canvassing the neighborhood to get the owners' feelings. Mr. Williams said that legal notices were mailed to all property owners, but if Council so directed, they would canvass the neighborhood. Mr. Marvin who had spoken earlier stated that he felt with what they had learned tonight, there would be minimum objections. Mayor Pro-Tempore McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 80-1, declaring the intent to vacate a portion of Rancho Grande and fixing a time and place for a public hearing. Motion carried unanimously. • January 24, 1980 Page 2 MINUTES REGULAR CITY COUNCIL MEETING * * * i� J iC J� JC V JC - iC V * * L * Jf �• * ��f i'C * * i�C i�C n iC r. f r. n r� r . i� . * *r i. . r n . .. r. i VII. PUBLIC HEARINGS (Continued) B. CASE NO. 14079 - KENT LAND COMPANY, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP TO CREATE 134 CONDOMINIUM LOTS AND 13 COMMON AREA LOTS ON APPROXIMATELY 27 ACRES WITHIN THE PR-5 ZONE AT THE NORTHWEST CORNER OF PORTOLA AVENUE AND HOVELY LANE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams reported that since the Council had considered this as a Tentative Tract, it had been acquired by another owner. The Tentative Tract is up for extension of time. Staff has reviewed it in terms of conditions and suggests that Council add a condition of a drainage easement in conjunc- tion with the recently adopted Master Drainage Plan. This is specified in the draft resolution as Special Condition #13. All other conditions remain applicable and valid, and Staff recommended approval of the request. Mayor Mullins invited input in FAVOR or OPPOSITION to the request. MR. BILL FITCH, Wallach & Associates, addressed Council on behalf of the applicant and indicated their concurrence with Staff's recommendation. Mayor Mullins declared the Public Hearing closed. Mayor Pro-Tempore McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 80-2 which includes the addition of Special Condition #13. Motion carried unanimously. C. CASE NO. 14080 - PRO -CON DEVELOPMENT CORPORATION, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP TO CREATE 48 LOTS FOR CONDOMINIUM PURPOSES AND 7 LOTS FOR COMMON AND RECREATION AREAS ON APPROXIMATELY 10 ACRES WITHIN THE PR-5 ZONE, LOCATED ON THE NORTH SIDE OF HOVELY LANE, WEST OF PORTOLA AVENUE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams stated that this Tentative Tract is due to expire. The development plan has already expired. Based upon the fact that there is not a valid development plan on the project, Staff feels the request is not consistent with the Zoning Ordiance and believes it is not possible to grant this extension of time. Mr. Williams referred to correspondence received that day from McBail Company which indicated that they do own property to the north and talks about a concern we had about a road way between Monterey and Portola. They state in their letter that they are in support of the denial of the request so that a reevalua- tion can be conducted into the development of the road. In discussion with the applicant, they would prefer a continuance of the request in order to allow them time to refile a develop- ment plan and to also resolve the problem of the road. McBail Development has also agreed to this continuance to the meeting of March 13, 1980. Mayor Mullins invited input in FAVOR or OPPOSITION of the request. MR. BILL FITCH, Wallach & Associates, addressed Council stating that Kitland Company is now in escrow to purchase this property, and he asked for continuance. January 24, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * iiC 'n' * * * * * * * :C 'n * * * * * * * .. * X * .. J: * VII. PUBLIC HEARINGS (Continued) C. CASE NO. 14080 (Continued): Councilman Wilson moved and Mayor Pro-Tempore McPherson seconded to continued the matter to the meeting of March 13, 1980. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 80-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANIZATION KNOWN AS "PALM DESERT ANNEXATION NO. 12", PURSUANT TO SECTION 35140 OF THE STATE GOVERNMENT CODE. Mr. Williams stated that this was a followup to Council's approval of the project itself. The annexation is a logical extension of our boundaries, and Staff recommended approval. Mayor Pro-Tempore McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 80-4. Motion carried unanimously. B. RESOLUTION NO. 80-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONCURRING WITH THE USE OF THE SCAG-78 GROWTH FORECAST POLICY FOR USE IN REGIONAL PLANS. Mr. Williams stated that we have been urged by C-VAG, the County, and S-CAG to endorse their approval to their calculation of population. They feel this will be sufficient support to convince the State officials that their way is incorrect. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 80-5. Motion carried unanimously. C. RESOLUTION NO. 80-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A QUESTION RELATING TO UPGRADING FIRE PROTECTION, RESCUE/PARAMEDIC SERVICES. Mr. Bouman reported that he had been updating the Council for the past year and a half on a number of important meetings and work sessions regarding fire protection. These meetings have taken place between the cities of Indian Wells, Palm Desert, and Rancho Mirage and the County. Council is aware that our only funding at the present time for fire protection comes from part of the property tax. This funding has not expanded enough to keep up with the growth and development and the subsequent fire protection needs. Proposition #13 eliminated any hope for funding increased protection. Recog- nizing this, the State Legislature enacted AB 618 which allows cities or counties to assess a special purpose tax for fire suppression. We have determined that this seems to be: the only reasonable way to go. He pointed out that it was on the Agenda because Council had felt it was important enough to get it on the April 8th ballot. He stated that he could not give every detail. Reports from the County Fire Department need to be updated soon so that exact figures can be decided. However, it was Staff's feeling that the $60/year for developed parcels and $30/year for vacant parcels was an appropriate maximum to establish at this time. He stressed that this was a maximum and if the measure were approved by a 2/3 vote of the voters, the exact fee would be established by the Council only after a public hearing process. With these maximums, the City could have the possibility of raising between $360,000 and $480,000 for fire protection. January 24, 1980 Page 4 MINUTES REGULAR CITY COUNCIL MEETING .. .: * JC * * * * * * * * .0 .. * * * * .: :L * VIII. RESOLUTIONS (Continued) C. RESOLUTION NO. 80-6 (Continued): Councilman Wilson asked if we were not moving too quickly if we did not know our exact needs. He expressed his concern of the assessment of vacant lots and questioned whether or not the legislature addressed the question of direct benefit. Dave Erwin responded that it is a permissible charge. Councilman Brush expressed concern relative to the ambulance service. Mr. Bouman advised that this had been included because another city, which would be a part of the district, would be enacting this type of service. However, this city did not envision it. Councilman Wilson stated that in the ballot argument, which will specifically state costs, it should adress the fact that this City has grown at a much greater proportion than our fire protection has. He stated that the argument for the need should spell out what the tax is, how much it is, etc. Mayor Pro-Tempore McPherson stated that one of the big reasons incorporation had been successful was that a very large and active commitee had been formed. He suggested a similar com- mittee be formed to get the word out on this measure. Mr. Bouman noted that Indian Wells would also have the measure on the ballot, but with a higher cost per parcel than we would proposed. However, he pointed out that they have fewer parcels in their city from which to draw. The County and the City of Rancho Mirage will not have their measure on the ballot until November. Councilman Brush moved and Mayor Pro-Tempore McPherson seconded to waive further reading and adopt Resolution No. 80-6. Motion carried unani- mously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 220 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 6.04.140 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO OWNER'S RESPONSIBILITY FOR ANIMALS. Mr. Bouman advised that this was an ordinance that came on the recommendation of the County Health and Animal Control Department as well as our own City Attorney. He explained that it expanded the present provisions of the Municipal Code as far as the owners' responsibility to how many animals they may have, nuisances that animals might create in parks or public and private property, etc. It makes the entire provision more enforceable. Councilman Wilson questioned whether or not it was enforceable and expressed concern for yet another ordinance on the books that Staff cannot enforce such as the recreational vehicle ordinance. He felt that Staff would be faced with numerous complaints as a result of this that they would not be able to do anything about. Dave Erwin stated that there was nothing on the books at the present time with as much depth as this has. Councilman Brush stated that he felt it was a practical ordinance from a health and safety standpoint. However, he did not feel you could enforce the number of animals a person has. January 24, 1980 Page 5 MINUTES REGULAR CITY.COUNCIL MEETING * is :: is * * * i. * is * i. '': * ,. ., °: * IX. ORDINANCES - For Introduction (Continued) A. ORDINANCE NO. 220 (Continued) Councilman Brush moved to waive further reading and pass Ordinance No. 220 to second reading with the deletion of Section G. Motion died for lack of a second. Dave Erwin stated that any ordinance that you have of this type has a potential of problems in enforcement. However, it is a very practical matter. The ability to enforce it will require identification of the animal and the owner. The City's involvement is going to be in the issuance of citations if they have a witness. It will be a matter of cooperation from the people making complaints. Councilman Newbrander moved and Mayor Pro-Tempore McPherson seconded to waive further reading and pass Ordinance No. 220 to second reading. Motion carried on a 3-2 vote, with Councilmen Brush and Wilson voting NO. For Adoption: A. ORDINANCE NO. 219 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-1, 12,000 (RIVERSIDE COUNTY ZONE) TO PR-7 (U.A.) AND APPROVING A PLANNED RESIDENTIAL DEVELOPMENT TO ALLOW CONSTRUCTION OF 264 CONDOMINIUM UNITS AND A NINE ACRE PARK, LOCATED AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY DRIVE. CASE NOS. C/Z 09-79 AND DP 15-79 (U.A.). Mr. Bouman advised that this was a second reading, and there was no further input to offer. Mayor Pro-Tempore McPherson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 219. Motion carried unani- mously. X. CONSENT ITEMS HELD OVER D. REQUEST FOR AWARD OF BID For The Purchase of a Flat Bed Truck For The Public Works Department. Mr. Bouman noted that the requirement for air-conditioning of the truck had been deleted and thus the purchase price authorized should be reduced to $10,285.19. Councilman Brush moved and Mayor Pro-Tempore McPherson seconded to approve the request and authorize the Purchasing Agent to issue a purchase order in the amount of $10,285.19 for a flat bed truck from Magruder Chevrolet, low bidder. Motion carried unanimously. E. REQUEST FOR RELEASE OF BONDS FOR TRACT NO. 9144-1, -2, -3, & -4, DEEP CANYON LTD. Mr. Bouman advised that the release of bonds should be for Phases 1, 2, and 3. Phase 4 had been erroneously included. Councilman Brush moved and Councilman Newbrander seconded to accept the work as complete and authorize the City Clerk to release all bonds for Phases 1, 2, and 3. Motion carried unanimously. XI. NEW BUSINESS None XII. OLD BUSINESS None January 24, 1980 Page 6 MINUTES REGULAR CITY COUNCIL MEETING J: .: n * J * * .. * * * * .. i. * T: is i. * XIII. ORAL COMMUNICATIONS MR. GEORGE SILKENDORN, 43-150 Silk Tree, Palm Desert, addressed Council with a complaint of the motor cycles in the wash between Deep Canyon and Portola. Mr. Bouman advised that this problem was being taken care of by the Sheriff's Department in that they do periodically have patrol cars watching. However, the only way to catch the offender is on another motorcycle. He stated that he would talk to Captain Adkins about it. XIV. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR ADJOURNMENT TO JANUARY 29, 1980 AT NOON. Mr. Bouman advised that in order to adopt a resolution in support of the Army Corps of Engineers' Efforts on Flood Control prior to their public meeting the evening of January 29th, Council would have to meet. He asked that they adjourn the meeting to Noon the 29th of January. 2. AMENDMENT TO JOHN FINN EMPLOYMENT SERVICES CONTRACT. Mr. Bouman requested that the Council increase the hourly rate of Mr. Finn's contract to $11.00 from $10.00 to cover the increased costs of gasoline and car maintnenance. Mayor Pro-Tempore McPherson moved and Councilman Brush seconded to increase the hourly rate of Mr. John Finn's employment contract from $10.00 to $11.00. Motion carried unanimously. 3. REQUEST FOR AWARD OF BID FOR PORTOLA CURB & GUTTER. Mr. Bouman reported that for some time, the Council had funded the needed improvements on Portola Avenue in the vicinity of Shadow Mountain and Fairway Drive. We are now ready to proceed with a construction contract. Two bids were received - high bid from Alred & Kyser in the amount of $39,147.70 and the low bid from Massey Sand & Rock Company in the amount of $31,240.50. Mr. Bouman reported that there was a slight problem at the corner of Chicory regarding a tree, but a temporary solution has been worked out. Councilman Newbrander moved and Mayor Pro-Tempore McPherson seconded to award the bid to Massey Sand & Rock Company in the amount of $31,240.50. Motion carried unanimously. 4. REQUEST FOR ACCEPTANCE OF PARCEL MAP 13635. Mr. Bouman stated that this was a housekeeping matter wherein Parcel Map 13635 was inadvertently filed and there is a portion of that property which is to be dedicated for street right-of-way that requires Council action. Mayor Pro-Tempore McPherson moved and Councilman Newbrander second.ed to accept Parcel Map 13653. Motion carried unanimously. B. CITY ATTORNEY 1. EXTENSION OF BID OPENING FOR FIRE STATION #2. Dave Erwin stated that bids for the fire station were now due at 2:00 p.m. on February 7, 1980. Only one contractor has taken out plans to date, and the archi- tect feels this should be extended in an effort to interest other bidders. They feel with two weeks' extension, they will be able to accomplish this. It requires Council's action. Szinuary 24, 1980 Page 7 MINUTES REGULAR CITY COUNCIL MEETING XIV. REPORTS AND REMARKS (Continued) B. CITY ATTORNEY (Continued) Councilman Wilson moved and Mayor Pro-Tempore McPherson seconded to extend the bid opening for the construction of Fire Station #2 to February 21st and instruct the City Clerk to legally advertise the extension and to so notify anyone having taken out plans. Motion carried unanimously. 2. APPROVAL OF ACTIONS BY BUILDING BOARD OF APPEALS & CONDEMNATION. Mr. Erwin reported that the Building Board of Appeals & Con- demnation had taken various actions at their January 9, 1980, meeting which required Council's ratification and approval. He noted that Council had been furnished a copy of the minutes of said meeting dealing with the abatement of several struc- tures. Mayor Pro-Tempore McPherson moved and Councilman Brush seconded to approve and ratify the actions taken by the Building Board of Appeals & Condemnation taken at their meeting of January 9, 1980. Motion carried unanimously. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Brush stated that we have had another spirt of crime actions in our city, and he had had complaints from several people about it. He asked that Staff look into the possibility of using devices in Sheriff's cars which would register everything from their mileage and speed to how many times they stop, how many times they open their door, and how many times they ran the siren. Mr. Bouman stated that he would speak to Captain Adkins about it and report to Council. Mayor Mullins asked that everyone note the Future Meetings listed on the Agenda. XV. ADJOURNMENT J Mayor Pro-Tempore McPherson moved and Councilman Wilson seconded to adjourn the meeting to Tuesday, January 29, 1980, at 12:00 Noon in City Hall Council Chambers. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:34 p.m. %%7'6 (.7- ti2, EDWARD D. MULLINS, MAYOR ATTEST: -�/ ;H ILA R. W LLIGAN ,,4ITY CLERK CITY OF PALM DESER CALIFORNIA January 24, 1980 Page 8