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Home My WebLink About1980-06-12MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 12, 1980 CITY HALL COUNCIL CHAMBERS ��: J i�C * �C i � * * 1 iC n• * * �C i�C � * i�: i�C i�C ��: iC is i�C i�C i�: i� :C i�f is is i� i�: �: i�: i�C iC i � i. iC iC iC is � � 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, June 12, 1980, in City Hall Council Chambers. II. PLEDGE - Councilman Walter H. Snyder III. INVOCATION - Mayor S. Roy Wilson IV. ROLL CALL Present: Mayor Pro-Tem James E. McPherson Councilman Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance L. Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Wilson stated that several months ago, prior to the passing on of our distinguished citizen, Mr. Hal Kapp, he, in an effort to back out of some of the many, many civic responsibilities he had undertaken, had resigned from the Riverside County Library Commission. Mayor Wilson stated that, with the Council's concurrence, he would like to appoint Mrs. Gertrude Keedy to fill the unexpired term of Mr. Kapp, said term to expire on June 30, 1981. Council concurred. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of May 22, 1980. Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of the City Council of June 5, 1980. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-112, 80-113, and 80-114. Rec: Approve as presented. D. RIVERSIDE COUNTY RESOLUTION NO. 80-223 Expressing Opposition To Caltrans' Proposed Policy Changes Regarding Local/State Responsibilities on Freeway Crossings/Connections. Rec: Receive and file. June 12, 1980 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * iC * * is * * * * * * * 'n * is * :: * * * * J; VI. CONSENT CALENDAR (Continued) E. REQUEST FOR ACCEPTANCE OF WORK ON CONTRACT NO. 1027, MASSEY SAND & ROCK COMPANY (Resurfacing of Various Public Streets). 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. F. MINUTES OF MANAGER'S USE HEARING RELATIVE TO FEDERAL REVENUE SHARING MONIES. Rec: Receive and file. G. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION MEETING OF MAY 8, 1980. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By JOHN LEROY AVERY For Grejeno's, 72-795 Highway 111, #1, Palm Desert, California. Rec: Receive and file. I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By ETTIENE'S OF CALIFORNIA, INC., For ETIENNE'S OF CALIFORNIA, 72-281 Highway 111, Palm Desert, California. Rec: Receive and file. J. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By HOWARD D. JOHNSON For DESERT DELI & GOURMET SHOP, ETC., 72-837 Highway 111, Palm Desert, California. Rec: Receive and file. Councilman Puluqi moved and Councilman Newbrander seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CASE NO. TT 14003 - LEWIS HOMES OF CALIFORNIA, APPLICANT: CON- SIDERATION OF A REQUEST FOR APPROVAL OF AN 18-MONTH TIME EXTEN- SION FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP FOR 142 LOTS TO ALLOW 140 CONDOMINIUM UNITS, A 6-ACRE PUBLIC PARK AND CIVIC CENTER ON 52 ACRES IN THE PR-4, S.P. ZONE AND P ZONE BETWEEN SAN PASCHAL AND SAN PABLO, NORTH OF 44TH AVENUE. (Continued from Council Meeting of May 22, 1980.) Mayor Wilson stated that Council had met in Study Session prior to the Council Meeting to discuss the items on the Agenda. However no action had been taken. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Williams stated that this matter had been continued from the meeting of May 22, 1980, specifically to allow the City Attorney to prepare a revision of Special Condition #12. The Special Condition as prepared read: "Maintenance of the 100 foot wide drainage structure and easement shall be pro- vided in a manner determined by the City Council of the City of Palm Desert, prior to or concurrent with final map approval." He reminded Council that the applicant's concern was that the City should share on a 50/50 basis the maintenance of the channel with the developer and/or their homeowners association assuming the responsibility for daily maintenance and the City assuming responsibility for maintenance or reconstruction in the event of a major flood. June 12, 1980 Page 2 MINUTES REGULAR CITY COUNCIL ML ING * * :: :; :; ;: :: VIII. PUBLIC HEARINGS (Continued) A. CASE NO. TT 14003 (Continued) This condition, as proposed, would allow the extension of time requested for the Tentative Map and would permit the future agreement to be approved at final map approval. Mayor Wilson asked for input from the applicant. MR. BILL SULLIVAN, Project Coordinator, Lewis Homes, addressed Council stating that their concern was that they would provide for routine maintenance and major maintenance or reconstruction would be provided by the City. If this was accomplished, then they were in concurrence. Mayor Wilson pointed out that the proposed Special Condition No. 12 provided that such an agreement would be prepared for approval prior to final map approval. 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. Mayor Pro-Tem McPherson moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-60 as amended. Motion carried unanimously. Mr. Bouman requested permission to introduce a companion item dealing with this tract and the drainage ditch already placed there by the City. He reported that Lewis Homes and their attorney was requesting a letter from the City holding them harmless from damage or liability that may result from that ditch. The channel is there as a result of the City's request and it is desirable to have it there in case of some additional heavy storms. It is reasonable that Lewis Homes should not have to bear the burden of any problems arising as a result of our requesting the channel be there. He read a letter as prepared by the City Attorney which would release Lewis Homes from liability (letter attached and made a part hereof as Exhibit "A"). Mr. Sullivan, Lewis Homes, stated that the letter, as read, met the requirements that they had requested. Councilman Newbrander moved to accept the letter as presented by the City Manager and authorize him to sign it. Councilman Snyder seconded the motion; carried unanimously. B. CASE NO. TT 14004 - LEWIS HOMES OF CALIFORNIA, APPLICANT: CON SIDERATION OF A REQUEST FOR APPROVAL OF AN 18-MONTH TIME EXTEN- SION FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP FOR 7 LOTS TO ALLOW 142 CONDOMINIUM UNITS ON 27 ACRES IN THE PR-4, S.P. ZONE AT THE NORTHWEST CORNER OF SAN PASCUAL AVENUE AND 44TH AVENUE. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Williams stated that these were identical circumstances to those in Item A and stated that the matter of joint respon- sibility would be addressed by the addition of Special Condition #10 as follows: "Maintenance of the 100 foot wide drainage structure and easement shall be provided in a manner determined by the City Council of the City of Palm Desert, prior to or concurrent with final map approval." Mayor Wilson invited input from the applicant. MR. BILL SULLIVAN, Project Coordinator, Lewis Homes, stated their concurrence with Staff's presentation. June 12, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING is * * is is is * is * * is * * ** * * is i* :: is *A: * ** * .* ** �i� • Jk � is i�: :: is is n is is is i. VIII. PUBLIC HEARINGS (Continued) B. CASE N0. TT 14004 (Continued) 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 Puluqi seconded to waive further reading and adopt Resolution No. 80-61 as amended. Motion carried unanimously. C. CASE NO. SNC-2: CONSIDERATION OF A STREET NAME CHANGE FROM SKYVIEW LANE TO DESERT VIEW DRIVE. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Williams reviewed the Staff Report and justification for renaming the street Desert View Drive. He pointed out that the request had been presented to Council on May 8th at which time this public hearing had been scheduled. 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. Mayor Pro-Tem McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-67, approving a street name change from Skyview Lane to Desert View Drive. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 80-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER NEGOTIATE WITH THE COUNTY OF RIVERSIDE FOR CERTAIN SPECIFIED FIRE PROTECTION SERVICES. Mr. Bouman reviewed the resolutions and each provision of it. Councilman Snyder stated that with respect to Item 4, the Manager should make sure that the County does not have the equipment availa- ble before the City goes out and buys it Mr. Bouman stated that a list of equipment was available, and he would be aware of this concern. Councilman Puluqi stated that he felt that in Item 5, the phrase "as a first priority" should be eliminated in that it might be misinterpreted by the other cities. Mr. Bouman stated that this was in the resolution at the County's request and could be deleted. At Council's request, Mr. Eric Vogt, Fire Marshal, explained the capabilities of the City's Snorkel Truck. Councilman Puluqi added that it was not so much the truck as it is the manpower that it can provide. Mayor Pro-Tem McPherson moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-68 as amended to delete the words "as a first priority" in Item 5. Motion carried unanimously. B. RESOLUTION NO. 80-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT RELATING TO ANNEXATION NUMBER 6 TO THE CITY OF PALM DESERT, CALIFORNIA, LAFC #78-64-4. Mr. Bouman explained that this is another resolution dealing with annexation where, after Proposition #13, the City will receive 25% of the property tax collected by the County. Councilman Newbrander moved and Councilman Snyder seconded to waive further reading and adopt Resolution No. 80-69; carried unanimously. June 12, 1980 Page 4 MINUTES REGULAR CITY COUNCIL r TING 'n * 1 * if i. 1 il` 1� .9+r- * 1� i is * i '1: '1 '1 'r: * Jf * * is `If * is X + is i+ r+ i+ 'f 'f . �: rf rC r * iC * * * * ** ** r IX. RESOLUTIONS (Continued) C. RESOLUTION NO. 80-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CONFLICT OF INTEREST CODES AND INCORPORATING BY REFERENCE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE. Mr. Erwin reported that all cities are required to adopt a Conflict of Interest Code. However, by adopting the State's Code by reference, the necessity for continual update is eliminated. Since the City of Palm Desert utilizes all State provided forms for designated employee filing, it is very logical that we should then simply adopt their Code. Mayor Pro-Tem McPherson moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-70. Motion carried unanimously. D. RESOLUTION NO. 80-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1979/80 BUDGET TO PROVIDE FOR INCREASED LEGAL SERVICES EXPENDITURES. Mr. Bouman reported that this was the third time Staff has had to request budget amendment to provide for increased legal services. We now find that we are probably $4-5,000 short and all the bills are not in yet. As a result of that, Staff is asking that Council transfer $10,000 into the Legal Services Account out of the Building and Safety Inspection Account. Councilman Puluqi asked if this dealt with any specific case such as the billboards. Mr. Bouman responded that the previously trans- ferred amount of $10,000 for the billboard litigation was still in trust, and this requested amount did not involve that litigation. It involved such cases as the Indian Wells suit against Palm Desert relative to the Ironwood Dike, the Haystack Channel, etc. Councilman Newbrander moved and Mayor Pro-Tem McPherson seconded to waive further reading and adopt Resolution No. 80-71. Motion carried unani- mously. E. RESOLUTION NO. 80-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO CONSIDER PUBLIC COMMENTS ON PALM DESERT DISPOSAL'S REQUEST FOR A REFUSE SERVICE RATE INCREASE. Mr. Bouman explained that at Council's request, this rate increase would be considered in a public hearing. This resolu- tion established June 26, 1980, at 7:00 p.m. in City Hall Council Chambers as the date, time, and place for such hearing. Councilman Newbrander moved and Mayor Pro-Tem McPherson seconded to waive further reading and adopt Resolution No. 80-72. Motion carried unani- mously X. ORDINANCES For Introduction: A. ORDINANCE NO. 223 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, LEVYING A SPECIAL TAX FOR UPGRADING FIRE PROTECTION AND PREVENTION SERVICES. Mr. Bouman reported that this ordinance stemmed from the voter approved Proposition "A". He reviewed the provisions of the ordinance and the formula for assessing a per parcel tax. He indicated that if a home were in excess of so many feet, it could be assessed more than the $4.00 per month. He stated that the ordinance also provided a fee for vacant land recognizing that it might have weeds or brush on it that would constitute a fire hazard. He concluded that the original intent of Staff was to request Council's adoption of this ordinance, but in reviewing the arguments and analysis in the ballot, Staff has found there was reference to a public June 12, 1980 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * * * iV * * * * * n' * * * * * * n :C iC iV * iV * * * n * is * * * X. ORDINANCES (Continued) For Introduction: (Continued) A. ORDINANCE NO. 223 (Continued) hearing. Because of that, Staff is requesting that Council set a public hearing for July 10, 1980, at 7:00 p.m. in City Hall Council Chambers. Councilman Puluqi questioned the report that a large home could have a greater assessment. Mr. Bouman explained that a large house could equal two equivalent dwelling units and therefore have a greater fee imposed. He reviewed the formula. Mayor Pro-Tem McPherson pointed out that the house would have to be the size of the Annenberg Estate or the Bob Hope Estate. Councilman Puluqi stated that he didn't believe that was the intent of the ballot measure and requested the City Attorney to investigate the matter before the public hearing. Council so directed the City Attorney. Councilman Snyder moved and Mayor Pro-Tem McPherson seconded to order a public hearing for July 10, 1980, at 7:00 p.m. in City Hall Council Chambers for the purpose of receiving public input relative to the proposed Special Fire Tax rate. Motion carried unanimously. B. ORDINANCE NO. 224 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PURCASHING POLICY AND PROCEDURES. Mr. Bouman stated that since the inception of the City on November 26, 1973, we have been admonished by the auditors that we need a purchasing ordinance. It is a requirement of State law and although we have conformed to recognized standard and legal purchasing practices, we have never had an ordinance. He reviewed the provisions of the proposed ordinance. Councilman Snyder moved and Mayor Pro-Tem McPherson seconded to waive further reading and pass Ordinance No. 224 to second reading. Motion carried unanimously. For Adoption: None XI. CONSENT CALENDAR ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AN OPERATING BUDGET FOR FISCAL YEAR 1980-81. Mr. Bouman stated that Council had been formally presented with a finalized copy of the proposed budget. He reviewed the major items included in the budget, pointing out that a 40% decrease in building activity was anticipated. Staff has already been reduced, and there will probably be more as the decrease becomes more reality. Councilman Snyder moved and Mayor Pro-Tem McPherson seconded to continue the item to the meeting of June 26, 1980, and instruct the City Clerk to legally advertise the issue as a Public Hearing. Motion carried unanimously. B. REQUEST FOR CONSIDERATION OF ESTABLISHMENT OF SPECIAL ASSESS- MENT TAX FOR STREET LIGHT CHARGES FOR TRACT NO. 8237. Mr. Beebe reported that this District had been initiated in June, 1979. The monies required for fiscal year 1980-81 would be approximately $1,800. The balance remaining from the pre- vious fiscal year is estimated to be $885.00. Therefore, the special assessment tax proposed to be levied would be $915. June 12, 1980 Page 6 MINUTES REGULAR CITY COUNCIL M :iING *J. J it * �. i1C 1. * J` * * 1. irC * iL * irC JC irC JC irC r J * �C * * * r. r r. * * iC n .0 C .. ♦ i. n i� i. iC * iC iC .� .� � i� iC i. XII. NEW BUSINESS (Continued) B. SPECIAL ASSESSMENT TAX FOR STREET LIGHT CHARGES FOR TRACT NO. 8237 (Continued) Mayor Pro-Tem McPherson moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-73, establishing a special assessment levy for maintenance and operation of a street lighting district. Motion carried unanimously. C. REQUEST FOR CONSIDERATION OF ESTABLISHMENT OF SPECIAL ASSESSMENT TAX FOR LANDSCAPING & LIGHTING DISTRICT NO. 2. Mr. Beebe reported that this was a district created last year for the Lewis Homes property on Haystack Road. The District was a condition of approval. They have not yet installed either the street lights or the landscaping. Therefore, the monies left from last year is ample. However, it was decided by the City Attorney that only a token assessment of $1.05 per parcel should be assessed per parcel. Mayor Pro-Tem McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-74. Motion carried unani- mously. l D. REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE CITY OF RIVERSIDE FOR THE PALM DESERT BRANCH LIBRARY. Mr. Bouman reported that the City does own the library building and grounds, and we lease it to the City of Riverside for operation of the library. The lease is in three-year periods at a rate of $1,000 per month. The lease money is used to offset the cost of maintaining and heating/cooling it. There is no attempt to make a profit on the lease. The Assistant City Manager has done a study, and he feels we can continue to lease it at the same rate of $1,000 per month. Mayor Pro-Tem McPherson moved and Councilman Newbrander seconded to approve the Agreement and authorize the Mayor and City Clerk to sign it. Motion carried unanimously. XIII. CONTINUING BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY i Mr. Erwin reported that in 1977, the City accepted the property on which the library was located. Apparently, however, we did not accept the parking lot. A signed deed for this property has been submitted to the City, and Mr. Erwin recommended accepting the property and authorizing the City Clerk to record it. Mayor Pro-Tem McPherson moved and Councilman Puluqi seconded to accept the library property and authorize the City Clerk to record the deed. Motion carried unanimously. June 12, 1980 Page 7 MINUTES REGULAR CITY COUNCIL MEETING * * * * is * * * * * * * * * * n * * J: * JC n * iV is is iC ,. * n :C n n XVI. REPORTS AND REMARKS (Continued) C. MAYOR AND MEMBERS OF THE CITY COUNCIL None Mayor Wilson asked that listed on the Agenda. XVII. ADJOURNMENT everyone note the Future Meetings Mayor Pro-Tem McPherson moved adjourn the meeting. Motion carried the meeting at 7:10 p.m. ATTEST: 1' 'SHEILA R. GILLIGAN, C CLERK CITY OF PALM DESERT,/ LIFORNIA and Councilman Snyder seconded to unanimously. Mayor Wilson adjourned OY MAYOR June 12, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CT3:1( ObainmIlzma alQ)co@mac G60 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 June 13, 1980 Lewis Homes of California 45-445 Portola Avenue Palm Desert, California 92260 Attention: Mr. Bill Sullivan Subject: Tract Nos. 14003 and 14004 Gentlemen: Pursuant to our meeting and understanding, because of the excava- tion of the drainage channel on property proposed to be included in the above tracts, which lies adjacent to San Pasqual Avenue and north of Avenue 44, the City of Palm Desert will indemnify and save harmless Lewis Homes from any damages, costs or attorney's fees which may be suffered from any claim made as a result of this exca- vation. This would include Lewis Homes or any of its affiliated entites or companies. The City will take appropriate action to warn of any dangerous conditions near the excavation on this land. This letter shall continue in effect until recording of final map for the above Tracts 14003 and 14004 or 30 days after notification by the City that the City no longer intends to utilize the channel. This letter was authorized by Minute Motion of the Palm Desert City Council at their regular meeting of June 12, 1980. Since e • c J. BOUMAN CITY MANAGER MJB/DJE/SRG June 12, 1980 Page 9