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HomeMy WebLinkAbout1980-07-24MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 24, 1980 CITY HALL COUNCIL CHAMBERS * .. .. * * * * * ',: * if J: * * is n' * * .. * * i. * * * * * * i. I. City City V. VI. CALL TO ORDER Mayor Wilson called the regular meeting of the Palm Desert Council to order at 7:02 p.m. on Thursday, July 24, 1980, in Hall Council Chambers. PLEDGE - Mayor Pro-Tem James E. McPherson INVOCATION - Mayor S. Roy Wilson ROLL CALL Present: Mayor Pro-Tem James E. McPherson Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Absent: Councilman Newbrander (excused absence) Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager Jeff Patterson, Deputy City Attorney Murrel Crump, Principal Planner Paul E. Byers, Director of Finance L. Clyde Beebe, Director of Public Works Larry McAllister, Administrative Assistant AWARDS, PRESENTATIONS AND APPOINTMENTS None CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of July 10, 1980. Rec: Approve as presented B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-011, 80-012 and 80-013. Rec: Approve as presented C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Dan Wayne Lee for the Tai Ping Restaurant, 45-299 Lupine Lane, Palm Desert, California. Rec: Receive and File D. REQUEST FOR APPROVAL OF FINAL TRACT MAPS FOR TRACT NOS. 11636-4 AND 11636-5, LEWIS HOMES OF CALIFORNIA, APPLICANT. Rec: Waive further reading and adopt Resolution No. 80-92 and Resolution No. 80-93, approving Final Tract Map Nos. 11636-4 and 11636-5 respectively. E. MINUTES OF THE TECHNICAL TRAFFIC COMMITTEE Meeting of July 8, 1980. Rec: Approve as presented - 1 - MINUTES REGULAR CITY COUNCIL MEETING VI. CONSENT CALENDAR (Continued) F. REQUEST FOR RELEASE OF BONDS FOR TRACT NO. 11881, CURT G. DUNHAM, APPLICANT. Rec: Accept the Work as Complete and Authorize the City Clerk to release the bonds. G. REQUEST FOR PERMISSION BY HISTORICAL SOCIETY OF PALM DESERT FOR PLACEMENT OF TREE PLAQUE AT THE FORMER SUNSHINE, MEAT, FISH AND LIQUOR SITE. Rec: Receive and Refer to City Attorney for Response. H. RESOLUTION NO. 80-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt Mayor Pro-Tem McPherson moved and Councilman Snyder seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. REQUEST FOR ADOPTION OF ORDINANCE NO. 223, LEVYING A SPECIA TAX FOR UPGRADING FIRE PROTECTION AND PREVENTION SERVICES. Mayor Wilson announced the Public Hearing was set for the purpose of establishing rates for the coming year. He then declared the Hearing open and asked for Staff's report. Mr. Ortega reported that this Ordinance would set definitions and guidelines as to how the tax would be implemented. This action follows the passage of Proposition "A" by a 2/3 majority vote in the Municipal Election of April, 1980. He stated that state law requirements were followed in setting up this ordinanc and that the expected tax revenues to be approximately $517,286. Mayor Wilson asked staff to review existing fire protection and what could be expected. Mr. Bouman reviewed the existing fire protection which consists of one single fire station, with one under construction; one professional fireman on duty at all times, augmented by the volunteer fire department; two engines, one fire truck and one rescue truck owned by the volunteer fire department. He noted the City has a contract with the County of Riverside for ad- ditional fire protection. He stated with the growth on the north and south side, this is not adequate protection. He reported the City is negotiating now to get the snorkel truck, which has recently been purchased, in operation. This additional money would be used to acquire the needed equipment for proposed fire stations, and also to hire ad- ditional personnel. Mayor Wilson invited input in FAVOR of the request and none was offered. He invited input in OPPOSITION to the request. RAY VAN ALSTYNE, PALM DESERT MOBILE ESTATES - Stated the tax, at $36.00 per mobile home per year to be 2-3 times as high as ought to be. He quoted from a magazine a report on the myths of the safety of mobile homes, that it is no longer true that they are unsafe. - 2 July 24, 1980 MINUTES REGULAR CITY COUNCIL MEETING * * * * * 'C * n n if * if n * * * * * iC iC ** * 'n JC * iC * * n VIII PUBLIC HEARINGS (Continued) Mayor Wilson stated the rates cannot go beyond the voted fee, but they can go down. The first step would be to determine the need, then determine the rate to meet that need. He noted a fire truck would be a one -time -only purchase Mr. Van Alstyne stated in the past they had 17 hoses in the park and were told by City personnel that they were not needed so they let them rot. Mayor Wilson directed staff to follow up on the fire hoses. JACK DAYTON, 74-280 Alessandro - Questioned how the numbers had been arrived at, with the value of property so varied. He said he would be willing to go along with a fire tax but wanted it fair. Mr. Ortega stated they had looked at the potential for fire protection demand and that any special tax implemented has to be related only to the services provided. WARREN RIGDON, Owner, Portola Palms, 43-155 Portola - His reaction was to the price for a mobile home versus a regular home. Mr. Bouman stressed that this tax was not necessarily related to the value of the property. Mr. Dayton noted the larger density of people in 2 or 3 bedrooms vs 1 bedroom apartments. MRS. HARRY NUDD, 73-409 Little Bend Trail - Resident of 28 years more concerned about flood protection. Complained of the over- building. Mayor Wilson noted Palm Desert has no property tax and since the passage of Proposition 13 is allowed to go to the people for assessments. DARRELL WARD, 44-836 Cabrillo - Questioned if this tax was an off -shoot of Proposition 13. Mayor Wilson explained that new legislation has enabled Cities to implement ways to increase their funds. JOHN SCHENKEL, Roadrunner Cruise and Travel - Quoted a newspaper article which stated the City needed $395,000, now going to be assessed $517,000, with no explanation and no reason to the public for the extra $100,000. Mr. Bouman explained that this would go into getting the newly purchased fire truck (used) in operation. The remainder would go into fire fighting. RITA BERGER - 73-934 Avenue 44 - Urged the Council to seriously consider basing the tax on the property value. She felt this and other assessments would force many property owners into foreclosure. Complained of flood damage to her property. Mr. Ortega reiterated that new taxes must be levied based on value of services provided to the public and that it is not legal to do otherwise. Warren Rigdon wanted clarification on the amount of money spent on equipment. Mayor Wilson explained that the Fire Station itself comes out of construction tax. July 24, 1980 - 3 MINUTES REGULAR CITY COUNCIL MEETING .. i'f i'f :ti * is ': i': is .. .. :: .. '': i': :f * ': .. is '': :: :. .. i': .. i'C is VIII. PUBLIC HEARINGS (Continued) MRS. ANNE SCHOENDIENST, 45-496 Garden Square - Week -ender eventual permanent resident. Complained of the surprises, first the sewer assessment, then this. She questioned where the added 11 firemen would sleep. Mayor Wilson noted the similar fire assessments voted on in Rancho Mirage and Indian Wells. The three agencies, working with the County, will share accommodations and equipment. LOUISE VAN DOY, 44-700 Cabrillo - Commented that the City would have more money to work with if they wouldn't make mistakes such as Frontage Road, cautioned to be careful. SHARON HAMMONS - Questioned if there were any stations planned for the north side of town, and what dates. Mayor Wilson reviewed the proposed stations on El Paseo ex- tended and Avenue 44, part of the Hahn Center, to open in the fall of 1982, one in Rancho Mirage near Bob Hope, and one in Indian Wells, which will be on the north side. MAGDA MASTROIANNI - Agreed the City needs more fire and police protection but that it would be more palatable if these 12 men could be recruited as auxilliary policemen. Mr. Bouman stated that some public agencies are utilizing public safety departments by combining them. At the present time this would not be practical for Palm Desert as we contract with the County of Riverside, but may want to look into it. BOB BERGER, 73-934 Avenue 44 - Questioned what the chances were and felt the public was being bulldozed. He questioned the purchase of a high rise type pumper when Desert Isle is the only high building in the desert. More concerned about flood protection. Mayor Wilson and Mr. Bouman reviewed the benefits of the snorkel truck. WILLIAM BELL, 49-950 Ocotillo Drive - Retired firefighter after 22 years of service. Agreed with the Council and staff that regardless of the value of property, the cost is the same for the manpower and equipment, with the additional cost being the length of time on the job. MR. K. BARTON, 44-519 San Anselmo - Renting 1 room and bath, to one person per unit to keep low density. Didn't feel it was fair to charge same as large units. JOHN SCHENKEL - Questioned how the equipment would be main- tained, when the tax would be implemented, and when the Tri- cities program would go into effect. Mr. Bouman replied the maintenance would be negotiated by contract between Palm Desert and the County of Riverside Mr. Ortega explained that the tax pertains to 1980-1981, beginning July 1. Residents would not receive their bills until November 1, when they receive their regular tax bill for payment in December and April. GEORGIANNE BARTON - 44-519 San Anselmo - Stated it would not be feasible to keep the 5-300 sq. ft. apartments open. Would the charge be the same if one family were to occupy the five rooms as a single family occupancy. Mayor Wilson suggested if that happens, she come again to the CQ::ncil. July 24, 1980 - 4 MINUTES REGULAR CITY COUNCIL MEETING .. .. is * * is :C * * * i*C is 'n' * * * * n * is * * is is * * * n is * * VIII. PUBLIC HEARINGS (Continued) GARY GOUDSWAARD, 44-755 Deep Canyon Rd. - Questioned when the tax would go into effect and when the additional pro- tection starts, that we clearly do not have the additional fire protection now. JANICE WRIGHT, 48-114 Silver Spur Trail - Complained of the building allowed without adequate fire protection - Why money being set aside for new City Hall - Why additional protection would not lower the fire insurance rates - Why sandbags were not released to the residents before a rain. Mayor Wilson stated the matter of sandbags had been discussed in study session and that in the future the Public Works Department will have them for distribution. RITA BERGER - Complained of a vacant lot on Avenue 44 that is filled with debris. Mayor Wilson asked for further comments. There being none, he declared the Public Hearing CLOSED and invited comments from the Council. Councilman Puluqi stated the problem seemed to be not with the tax, but how much is being charged for mobile homes and apartments, that dwelling unit should be defined and charged accordingly. Mayor Pro-Tem McPherson stated that the El Paseo station would remain in operation for those who were concerned about pro- tection on the north side. Councilman Snyder commented that the people in the City had voted the tax in, now the decision was to come up with a fair and equitable method to apply it. He commended staff for putting forth their best effort, taking into consideration the laws of the state, city and county. Mayor Wilson noted the fee is being charged for service whether house or mobile home. He suggested they go along with the staff's recommendation of $4.00 per month, and hopefully the rate will go down next year. Mayor Pro-Tem McPherson moved to waive further reading and adopt Ordinance No. 223 as an emergency ordinance. Councilman Snyder seconded the motion and added: The importance of getting the program started as soon as possible. He invited anyone who wished, to come forward this coming year with any problems or ideas. Motion carried unanimously with the members present. IX. RESOLUTIONS A. RESOLUTION NO. 80-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS TO LEVY A SPECIAL TAX PURSUANT TO SECTION 53978 OF THE GOVERNMENT CODE FOR FIRE PROTECTION AND PREVENTION SERVICES FOR THE FISCAL YEAR 1980/81. Mr. Ortega reported this Resolution as a follow-up to the Ordinance just passed. This allows the County to make the $4.00 per month assessment and all others in the report. Councilman Snyder moved to waive further reading and adopt Resolution No. 80-95. Mayor Pro-Tem McPherson seconded. Motion carried unanimously with the members present. July 24, 1980 - 5 - MINUTES REGULAR CITY COUNCIL MEETING i. * * is i. * * is * * is J: is if * is if if * * .. * * * * * .. '': IX. RESOLUTIONS (Continued) B. RESOLUTION N0. 80-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING A PUBLIC HEARING TO CONSIDER A STREET NAME CHANGE FOR 44TH AVENUE. Mr. Bouman reported that this action stems from a request by the Associated Chambers of Commerce of Coachella Valley and presented to our City by the Palm Desert Chamber. This item would pay homage to Mr. Fred Waring, long time resident of Palm Desert area. Assurance has been received from other Cities which would be affected by this change. This Resolution would set a date and time to receive public input as to the reaction of the people. He then asked Mr. Murrel Crump how this would be handled. Mr. Crump stated this would be set up by the Assessor's Office data processing system. Notification would be mailed and hand delivered to affected residents. Mayor Pro-Tem McPherson moved to waive further reading and adopt Resolution No. 80-96. Councilman Puluqi seconded. Motion carried unani- mously with the members present. C. RESOLUTION NO. 80-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF ENVIRONMENTAL SERVICES THAT HAVE BEEN MICROFILMED. Mr. Bouman reported this as a routine Resolution. Mayor Pro-Tem McPherson moved to waive further reading and adopt Resolution No. 80-97. Councilman Snyder seconded. Motion carried unanimously with the members present. X. ORDINANCES For Introduction: None For Adoption: None XI. CONSENT CALENDAR ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF INCREASE OF RETAINER FOR CITY ATTORNEY. Mr. Bouman reported this request was presented well in advance of budget consideration and the money is included but would require Council action. He stated he felt this was not excessive in view of inflation and cost of living. l Mayor Pro-Tem McPherson moved to waive further reading and adopt Resolution No. 80-98, amending Resolution No. 79-98. Councilman Puluqi seconded. Motion carried unanimously with the members present. B. REQUEST FOR APPROVAL OF AIR CONDITIONING CONTRACT FOR THE CITY OF PALM DESERT, 1980-1981. Mr. Beebe advised the Council that this is a preventative maintenance agreement with Bob Downs, a local resident, for maintaining a total of 13 air conditioning units which include July 24, 1980 - 6 - MINUTES REGULAR CITY COUNCIL MEETING XII. NEW BUSINESS (Continued) B. the Library, City Hall and Public Works. He recommended approval of the Contract by Minute Motion. Mayor Pro-Tem McPherson moved to approve the contract with Mr. Bob Downs for air conditioning maintenance. Councilman Snyder seconded. Motion carried unanimously with the members present. C. REQUEST FOR AUTHORIZATION TO ENTER INTO JOINT VENTURE WITH THE CITY OF RANCHO MIRAGE FOR SIGNAL INSTALLATION. Mr. Beebe stated that some time ago the City elected to have signals installed at the intersection of Country Club and Monterey. Herman Kimmel & Associates has been engaged by the City to do the preliminary engineering work. He recom- mended approval of this agreement with the City of Rancho Mirage, to share the cost of the signalization on a 50-50 basis. Councilman Snyder moved and Mayor Pro-Tem McPherson seconded to authorize the Mayor and City Clerk to enter into an agreement for joint participation in the cost of traffic signals with Rancho Mirage. Motion carried unanimously with the members present. D. RESOLUTION NO. 80-99 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF COOK STREET, LOCATED AT THE MOST SOUTHERLY END THEREOF UNDER THE PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE, AND FIXING TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PROPOSED VACATION. Mr. Beebe reported the City had received a request by Vintage Properties to vacate one-half of Cook Street southerly of Fairway Drive. This would enable them to construct an entrance gate into their development. He recommended adoption of Resolution No. 80-99, which would set a hearing to see if there were any objections. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-99. Motion carried unanimously with the members present. XIII. CONTINUING BUSINESS A. REQUEST FOR APPROVAL OF STREET SWEEPING CONTRACT FOR FISCAL YEAR 1980-1981. (Continued from meeting of July 10, 1980) Mr. Beebe stated that at the meeting of July 10, 1980, this contract was awarded to Houston Country Club Sweeping at an hourly rate of $29.85, but that the written contract had not been finalized. This contract has now been written, at a cost less than last year, and he recommended approval by minute motion. MR. ROBERT CAREY, McNaughton Professional Sweeping Service of Cathedral City, stated he did not agree with bidding a job like this per hour, that the proper way would be per mile. He noted the advantages of his equipment, such as, larger hopper capa- city, left hand brooms and double gutter brooms. Councilman Puluqi acknowledged receipt of a letter from Mr. Carey and that their charge was more per hour. Mr. Carey replied that difference in productivity would com- pensate for this. He requested consideration by Council on July 24, 1980 - 7 - MINUTES REGULAR CITY COUNCIL MEETING * * * i. .. ',c * .. * * :: :: :. is i'C .♦ .. :: is XIII. CONTINUING BUSINESS (Continued) A. his equipment, that they insist on double gutter brooms and left hand brooms, before they go to bid next year. Councilman Snyder expressed his regrets that Mr. Carey had not written sooner. Mr. Beebe stated there were advantages to charging by the mile but that for this year, there were 11 dump sites around the City for unloading and with the flood problems it seemed more practical to pay by the hour. Mayor Pro-Tem McPherson moved to approve a contract with Houston Country Club Sweeping Company for 1980-81. Councilman Puluqi seconded. Motion carried unanimously with the members present. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B MR. KIGER BARTON, 44-519 San Anselmo - Commented on Drainage problems at San Anselmo and Royal Palm, that the street was being washed out. JANET BROCKMAN, 73-936 Rancho Road - Complained of inadequate flood control and questioned why electric pumps were used on Rancho Road. What would they do in the event of a power failure. Mr. Bouman responded that if that should happen they would go to portable pumps run by gasoline. SHARON HAMMONS, 43-610 Buena Circle - Stated the portable pumps were not adequate to get the water out. She requested her statement on record that any monies put aside for a new City Hall should be used for flood control as long as there is one house unprotected, that a petition would be circulated to that effect. CLARA BROOKS, 44-250 Russell Drive, (r) 346-2881, (off)325-1172. Complained that someone on Lingo Lane had built a wall which blocks water on her property, and that the wall was constructed across an easement. Rr. Patterson, Deputy Attorney, stated it was not legal to build across an easement. Mr. Bouman advised that City people would meet with Mrs. Brooks to see what could be done. KATHY KRONEMEYER, 43-750 Buena Circle - Questioned what would be done about her problem and Mayor Wilson responded this would be taken up under Section XVI, Reports and Remarks. XVI. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman stated he had two items to add to the Agenda. 1. RESOLUTION 80-100 - SELECTING A CONTRACTOR TO PROVIDE THE CITY WITH REMOVAL OF WEEDS, DEBRIS, TRASH AND OTHER ITEMS FROM LAND FOR WHICH THE CITY OF PALM DESERT IS RESPONSIBLE. Mr. Bouman reported this Resolution had been discussed during Study Session, to clean approximately 204 lots. Mr. Robert H. Ortega had submitted the low bid of $23,590, most of which would be recoverable through liens and assessments against owners_of the property. July 24, 1980 - 8 - MINUTES REGULAR CITY COUNCIL MEETING n is * is is is n * * * is is is * * if * :: * * * i. * is k XVI. REPORTS AND REMARKS (Continued) A. CITY MANAGER Mr. Warren Rigdon asked if there were any plans for Magnesia Falls for which he had dedicated property. Mr. Beebe replied that plans were for the street to be extended and paved from Monterey Avenue to Portola. Councilman Puluqi moved and Mayor Pro-Tem McPherson seconded to waive further reading and adopt Resolution No. 80-100, approving a contract with Robert H. Ortega for land clean-up. Motion carried unanimously with the members present. 2. RESOLUTION NO. 80-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, INITIATING PROCEEDINGS TO CLOSE TO TRAFFIC, SANTA ROSA WAY, SAN NICHOLAS AVENUE AND GUADALUPE AVENUE, JUST EAST OF MONTEREY AVENUE AND ESTABLISHING A TIME, DATE AND PLACE TO RECEIVE PUBLIC COMMENT ON CLOSURE OF SAID STREETS. Mr. Bouman stated that the closing of these three streets is in conformance with the COD Specific Plan and could be implemented at any time. A cul-de-sac would be created at the end of each street with landscaping to cut down on noise and traffic, which will be generated with the eventual widening of Monterey Avenue. He added that all affected residents of the area would be notified of the Public Hearing to be held on August 14, in addition to publications in newspapers. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-101. Motion carried unani- mously with the members present. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson noted a meeting was held on July 11 with Code Enforcement Inspectors Pudis and Bridges, Dave Erwin, Carlos Ortega, Mrs. Kathy Kronemeyer, her attorney, Janet Brockman and himself regarding Mrs. Kronemeyer's abatement. He reported that she has met her requirements and is in compliance with the code. Mayor Wilson moved to drop the pending legal action against Mrs. Kronemeyer. Mayor Pro-Tem McPherson seconded. Motion carried unanimously with the members present. Mayor Pro-Tem McPherson stated there was a large hole on Portola Avenue near Country Club and suggested it be paved over. XVII. ADJOURNMENT Mayor Pro-Tem McPherson moved and Councilman Snyder seconded to adjourn. Motion carried unanimously with the members pres,ent. Mayor Wilson adjourned the meeting at 9:10 P.M ATTEST: ///LCI� DEL CLAUSSEN, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA July 24, 1980 - 9 - _ ,.--/-%- // / --3---'/ S. RO ILSOi�j/ MAYOR