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HomeMy WebLinkAbout1980-05-08MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MAY 8, 1980 CITY HALL COUNCIL CHAMBERS is •.. * iV :C i. i. * is is .. is is * is * is * :C i. is is * * is is * * n .. is is is I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the Palm Desert City Council to order at 7:03 p.m. on Thursday, May 8, 1980, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tem James E. McPherson III. INVOCATION - Mayor S. Roy Wilson IV. ROLL CALL Present: Mayor Pro-Tem James E. McPherson Councilman Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Carlos L. Ortega, Assistant City Manager Paul A. Williams, Director of Environmental Services James L. Hill, Director of Building & Safety L. Clyde Beebe, Director of Public Works Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mr. E. George Marzicola introduced Mr. Ivan Tiborne of Gisborne, New Zealand, who was present to give the City of Palm Desert not only a proclamation but also a warm invitation to visit his city. Mr. Marzicola pointed out that this had started when Palm Desert's former Mayor, Ed Mullins, had sent a proclamation with him to Gisborne. Mr. Noel Brush also spoke on behalf of Ed Mullins, who could not be present, and extended best wishes to the gracious people of Gisborne. Mr. Ivan Tiborne read the proclamation and presented it to Mayor Wilson. He invited not only the Council but any resident of Palm Desert to visit their lovely city. He concluded by stating that he hoped visits of this nature would encourage not only world friendship, but world peace. PRESENTATION OF CERTIFICATE OF APPRECIATION TO FORMER COUNCILMAN NOEL J. BRUSH. Mayor Wilson announced that it was his privilege to present the City's former Mayor and Councilman, Noel J. Brush, with a Certifi- cate of Appreciation for service to the Coachella Valley Association of Governments. APPOINTMENT OF PLANNING COMMISSIONER TO FILL UNEXPIRED TERM OF WALTER H. SNYDER. Councilman Puluqi moved and Mayor Pro-Tem McPherson seconded to appoint Mr. James W. Richards to the Planning Commission to fill the term of Mr. Walter Snyder, said term to expire in September, 1980. Motion carried unanimously. May 8, 1980 Page 1 MINUTES - REGULAR CITY COUNCIL MEETING is J: �• J: is J: is J: J: �: is i�: is i. i�: �: ii is n J: :�: is iC is .. �: is .. :: i�: J: :: :: iC �. i. iC i. .. )C VI. CONSENT CALENDAR A. MINUTES Of The Regular Meeting Of The City Council Of April 24, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 80-102. Rec: Approve as presented. .C. RESOLUTION NO. 80-57 - 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 & SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. D. CLAIM AGAINST THE CITY BY SOUTHERN CALIFORNIA GAS COMPANY For Damage To A Gas Main Located At San Pasqual, North Of Rancho Road. Rec: Deny the claim and instruct the City Clerk to so advise the claimant. E. CLAIM AGAINST THE CITY BY STANDARD OIL COMPANY OF CALIFORNIA, CHEVRON USA, KENNETH WILLIAMSON AND PALMS TO PINES CHEVRON For An Unspecified Amount. Rec: Deny the claim and instruct the City Clerk to so advise the claimant. F. REQUEST FOR APPROVAL OF PAYMENT OF CLAIM AGAINST THE CITY BY VIRGINIA DAVIS In The Amount Of $323.20. Rec: Approve the payment of the claim and authorize said payment from Account No. 11-4901-341, "Appropriation for Insurance". G. NOTICE OF DETERMINATION OF USER Pursuant To Chapter 25.74 Of The Municipal Code, Per Planning Commission Determination Of User For The P.C. (4) (Planned Commercial Resort) Zone District By Planning Commission Resolution No. 593. Rec: Receive and file. Councilman Newbrander moved and Mayor Pro-Tem McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. ORAL COMMUNICATIONS - A MR. JOHN BUYS, 45-165 San Luis Rey, addressed the Council on behalf of the El Paseo Merchants. He presented Council with a petition from their association which strongly criticized the City for conducting their slurry seal program on El Paseo with no notice to the merchants and also during the season rather than the summer months. He stated that many of the businesses had been conducting sales the day the sealing was done, and they had suffered tremen- dous losses. (Petition attached and made a part of these Minutes as Exhibit "A".) VIII. PUBLIC HEARINGS None IX. RESOLUTIONS None r May 8, 1980 Page 2 MINUTES REGULAR CITY COUNCIL MEETING * iC V * n n iV * n a * :C * * * * 'n' iti is * iL * * X. ORDINANCES For Introduction: None For Adoption: None XI. CONSENT CALENDAR ITEMS HELD OVER None XII. NEW BUSINESS None XIII. CONTINUING BUSINESS A. REQUEST FOR AWARD OF BID FOR DEMOLITION OF STRUCTURE LOCATED AT 72-547 HEDGEHOG STREET (FLOOD DAMAGED DWELLING) (Continued from Council Meeting of April 24, 1980). Mr. Bouman stated that this item had been continued from the last meeting to give the owner of this flood damaged property the opportunity to abate the problem on her own. As a result of an inspection that day, the necessary demolition has been undertaken and all Health and Safety Code requirements have been complied with. It is Staff's recommendation, therefore, to reject all bids and release the bidders bonds. Councilman Puluqi moved and Mayor Pro-Tem McPherson seconded to eject all bids for the Hedgehog Demolition Project and instruct the City Jerk to return the bidder's deposits. Motion carried unanimously. B. REQUEST FOR AWARD OF BID FOR DEMOLITION OF STRUCTURE LOCATED AT 73-986 HIGHWAY 111, KNOWN AS SUNSHINE, MEAT, FISH & LIQUOR. (Continued from Council Meeting of April 24, 1980). Mr. Bouman pointed out that when this item had been continued from the previous meeting, there were some conditions placed on the owner of the property. One of the conditions was that they post, within 7 days of the meeting, a cash bond in the amount of $12,000 to assure the City that should it be neces- sary to undertake demolition, the money would be available.. The second condition was that the applicant, owner, or lessee would have made substantial headway in bringing preliminary plans and specifications for the rehabilitation of the building to the Department of Environmental Services. He pointed out the cash bond was filed with the City Clerk in the form of a cashier's check in the amount of $12,000 today. He asked Mr. Williams to report on the status of the plans. Mr. Williams stated that on Monday, the official filing day for this month, Mr. Gunther had filed a Conditional Use Permit Application for parking, a Variance Request for a reduction in parking requirements as provided under our ordinance, and pre- liminary design review of the parking and rehabilitation of the building. They are pending and will be scheduled for considera- tion on the 27th of May by the Design Review Board and June 3rd by the Planning Commission. MRS. STEPHANIE SLAHOR, Attorney for the owner, addressed Council stating that the reason the cash deposit had been filed late was due to confusion on their part. They had felt a cash per- formance bond could be posted, and she stated that it was not until April 30th that Mrs. Mermelstein learned that it had to be cash. It had then taken time to raise that amount of cash. May 8, 1980 Councilman Newbrander stated that this building had been declared Page MINUTES REGULAR CITY COUNCIL MEETING * * * is J: is i, is * * n is n J: * is .. iC is . iC iC is n .. .. iC TC is i: * is :C is iC * XIII. CONTINUING BUSINESS (Continued) B. SUNSHINE DEMOLITION REQUEST (Continued) a very definite hazard and dangerous to people. The City has followed all the rules of the ordinances. Even if the building is remodeled, there would be very little left because there has to be a dedication for widening of Portola Mayor Pro-Tem McPherson stated that Mr. Gunther had been in his office in advance of the deadline of the cash bond and had discussed the intent of the motion. He felt sure that Mr. Gunther left with a clear knowledge that the intent of the motion was that the applicant was to put up cash. Considerable discussion ensued relative to the feasibility of restoring the restaurant when it is known that sometime in the future, whether it is 1 or 5 years, Portola will be widened and dedication of land will be required for the widening. Mr. Hill pointed out that with the current assessed valuation of the building, the proposed rehabilitation will be in excess of 50% of it and thus considered new construction. MR. WILLIAM GUNTHER, 74-121 Highway 111, Palm Desert, addressed Council stating that his figures disagreed with those of Mr. Hill. In response to a question from Mayor Wilson about the Historical Society's concern about the trees around the building, Mr. Gunther responded that the trees are landmarks and would be left intact. City Attorney Dave Erwin pointed out that if the Council did allow the rehabilitation and the street widening then became necessary, the City would have to buy the structure. Councilman Newbrander stated that if the building was allowed to stand, having already been declared a hazard, the City would be liable for any damage that might occur. She moved to approve the work and award the contract to Pomona Valley Equipment Company, low bidder. Mayor Pro-Tem McPherson seconded the motion for discussion. Street widening and the City's potential liability were dis- cussed at great length. Councilman Puluqi asked if the City were to agree to the rehabilitation and then in 1, 5, or 10 years if and when the street widening became necessary, would the applicant then be willing to dedicate the land through a prearranged agreement. Mr. Gunther responded that that was an issue he felt could be worked out between attorneys. He stated they would like to go ahead with the rehabilitation of the building. Mayor Wilson asked Staff about the preservation of the trees surrounding the building. Mr. Bouman answered that Staff had already replied to the letter from the Historical Society and and told them that the trees would not be disturbed during the demolition of the building; the City will not destroy the trees. Mayor Wilson called for the vote on the motion, and the following votes were cast: AYES: McPherson & Newbrander NOES: Puluqi & Wilson ABSTAIN: Snyder Mr. Erwin advised that the motion required three affirmative votes Councilman Snyder moved to allow the interested parties two weeks from today, or the next Council Meeting, to either submit to the City or City Attorney an agreement depicting the insurance coverage and the agreement that would be set forth on the deed relative to the length of time that this improvement would become viable for widening of Portola. If those arrangements cannot be concluded, then at that time, the bid should be awarded. Councilman Puluqi seconded the motion. Mayor Pro- Tem McPherson asked if by insurance it wasmeant an insurance binder. Councilman Snyder responded yes. f Mav R . 1 QR() Pnr.o A MINUTES REGULAR CITY COUNCIL MI ING * is * .. .. is is .. is * '�: i�: is * * * * * * * i. is * * is is * is .. n if is .: is i�: n is .. .. * XIII. CONTINUING BUSINESS (Continued) B. SUNSHINE DEMOLITION REQUEST (Continued) Council asked the City Attorney to clarify and reword the second portion of the motion relative to the agreement for dedication of right-of-way. Mr. Erwin stated that the wording should be: "an agreement which would affect the property which would indicate at such time in the future, estimated to be 5 years more or less, that the widen- ing of Portola would be determined to be necessary by the City, that dedication would be affected by the then property owner and whatever improvements are located on it would be removed at no cost to the City. Councilman Snyder agreed to the wording as stated by the City Attorney, and Councilman Puluqi also agreed. Mayor Wilson called for the vote. Motion carried on a 4-1 vote, with Councilman Newbrander voting NO. XIV. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF RESOLUTION NO. 80-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH A FUNDING AND TIMING PROGRAM TO MEET THE REQUIRED CONDITIONS FOR THE DEVELOPMENT OF A REGIONAL SHOPPING CENTER AS PROVIDED IN RESOLUTIONS 79-124 AND 79-125. Mr. Bouman reviewed the provisions of the resolution in detail. In summary, the resolution provided that the appli- cant's total assumption of projects which had previously been assigned to UDAG amounted to $1,615,000. The other three projects which would become the responsibility of the Redevelop- ment Agency, right-of-way acquisition, property acquisition and the possible cost of the fire station, amount to $1,500,000. In order for the Agency to fund this amount. the developer has agreed to loan the Agency the money at 10% interest which is allowable by law, with the money being repaid in the first three years from tax increment monies generated from the Center. Councilman Snyder commended Staff and Mr. Hahn for the way the program had been worked out. He stated the City needed the Center. However, he asked why Mr. Hahn should not be required to pay for the entire cost of the fire station. MR. ERNEST HAHN, Indian Wells, responded that his firm was at their economic limit. He felt that the station could be built for con- siderably less than $800,000 since it would be done at the same time as the Center was being built. With all the other contribu- tions his firm had agreed to, this total commitment for the fire station would put his firm over the limit, and the costs would then have to be passed on to the future tenants of the Center. The following individuals spoke against the resolution in that they felt that the City should not financially aid any developer; that El Paseo was already over -built with too many vacant stores; that Redevelopment tax increment monies should be spent in the present commercial area; that El Paseo merchants would lose too much busi- ness to the Center; that if any shopping center should be built, it should be at Bob Hope and Ramon; and asking that the Council defer any action until more public input could be received. MR. HANK STOKES, Sandpiper Shoes, 73-750 El Paseo MR. JIM McLAUGHLIN, El Paseo Merchant MR. BOYD COWDEN, 73-640 El Paseo MR. BILL GARLAND, 73-956 El Paseo May 8, 1980 - Page 5 MINUTES REGULAR CITY COUNCIL MEETING is i�: JC i�: is is i. .. X �: • i�C '�C % '�: i�: �. '�: i�: '�: '�: is is i. '�: n �. '�: :C is i�: is i. .. i�: is The following individual spoke in favor of the Center, stating that a number of hearings had been held on this issue and that competition was always good for business. MRS. FLORENCE HAFER Mrs. Hafer also asked Council to take a close look at the vandalism and thieving in the City in that she did not feel safe going out at night. MR. HAHN offered rebutal to the issues presented by the El Paseo merchants stating that the EIR has already been certified; that his Center would bring business to El Paseo where a center on Bob Hope would take it away; that he offered more off -site improve- ments than any other developer coming to Palm Desert; that Monterey Avenue would have to be widened with or without the Center; that he was assuming 1/2 or 2/3 of the cost the fire station that the City was going to build anyway; that the Center would bring shopping that families could afford. He questioned why the merchants had not been to public hearings opposing all the building on El Paseo when they were quick to point out the vacancy factor in the area. Mayor Pro-Tem McPherson asked Mr. Bouman about the low-cost or affordable housing. Mr. Bouman responded that it had been a condition of the UDAG Grant but not a condition of this project. Councilman Snyder moved and Mayor Pro-Tem McPherson seconded to set a Special Meeting for June 5, 1980, to allow public input on this resolution and to so legally advertise the meeting as a public hearing. Motion carried unanimously. Council directed Staff to forward the matter to the Planning Commission for their comments prior to the June 5th meeting. XV. ORAL COMMUNICATIONS - B MR. GARY GOUDSWAARD, 44-755 Deep Canyon Drive, Palm Desert, addressed Council relative to the hearing on the Albertson's Market proposed for Deep Canyon Drive. Council advised that the Planning Commission would be conducting a public hearing on the subject on June 3rd at 7:00 p.m. XVI. REPORTS AND REMARKS A. CITY MANAGER RESOLUTION NO. 80-59 - A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING A PUBLIC HEARING TO CONSIDER A STREET NAME CHANGE FROM SKYVIEW LANE TO DESERT VIEW DRIVE. CASE NO. SNC-2. Mr. Bouman stated that the City had received a petition requesting a street name change. He pointed out that the name of Desert View Drive had been changed as a result of a current development and that the five residents of that street would like the name changed back. This would require a public hearing, and Resolution No. 80-59 would establish June 12th at 7:00 p.m. as the time and date for the hearing. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-59. Motion carried unanimously. B. CITY ATTORNEY None May 8, 1980 Page 6 MINUTES REGULAR CITY COUNCIL ME LNG i�f is * i. is if if i. i. if i. * * 'n if * * if i. n * i. J: * * :: V * i. i. if '*f n XVI. REPORTS AND REMARKS (Continued) C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the Future Meetings listed on the Agenda. XVII. ADJOURNMENT Councilman Puluqi moved and Mayor Pro-Tem McPherson seconded to adjourn the meeting. Motion carried unanimously. Mayor Wilson adjourned :he meeting at 9:25 p.m. S. ROY WILSON, MAYOR ATTEST: SHEILA R. GMIGAN, CI CLERK CITY OF PALM DESERT, LIFORNIA May 8, 1980 Page 7 MINUTES REGULAR C.1.TY COUNCIL MEETING * * * * * * .. * :C is .. i*: * * * is is is * * * .. * is n * is * EXHIBIT "A" EL PASEO MERCHANTS PETITION We the undersigned deplore the closing of El Paseo, without prior consulta- tion, for the purpose of slurry sealing the street. As a result of the City's unilateral and arrogant action, our customers were badly inconvenienced, and our business grievously hurt. Sci64„ ( o-rHi2v 1-14- ., 5Are.-r-? We demand that our street never be closed again for any reason, except by prior agreement between the City and the El Paseo merchants. n 3 4 5 6 12 Name ) ()):1=4../11-4N i 13 auf 'X 10‹ Pc61c/L.,,L, -7-���ii Business v .� /?e c I 23-39 `.ithd c--)ckrydO -93 / rA2)-4/ 4e:%/Z/ 77/ a1,A ) i't5'cv 3E,04‘6.0 J„ May 8, 1980 Page 8 MINUTES REGULAR CITY COUNCIL MEETING :: ;: .. * :': * :: :': :: :: :: -c , * ,. * EXHIBIT "A" EL PASEO MERCHANTS PETITION We the undersigned deploy the closing of El Paseo, without prior consulta- tion, for the purpose of slurry sealing the street. As a result of the City's unilateral and arrogant action, our customers were badly inconvenienced, and our business grievously hurt. p We that our street never be closed again for any reason, prior agreement between the City and the El Paseo merchants. A 10 11 12 14 15&` Name 4>gt,vAi405eve-- fo (?4,44, (2,,67-- Business ado.A.) eVe4d-4 C.,etzre. 6 14,(4,i/Ite4eez % (1)94 / k Arrc ' Ccs.-Q ic C 1\ 16 y 1 May 8, 1980 Page 9 MINUTES REGULAR CITY COUNCIL MEETING * EXHIBIT "A" • EL PASEO MERCHANTS PETITION We the undersigned deploy the closing of El Paseo, without prior consulta- tion, for the purpose of slurry sealing the street. As a result of the Cityts unilateral and arrogant action, our customers were badly inconvenienced, and our businessgrievously hurt. ��eh.�aMsa�4 We d that our street never be closed again for any reason„except by prior agreement between the City and the El Paseo merchants. 7 8 9 .0 .1 _2 .3 .4 .5 Name r1 I nA G M n itii)t.h o ;e / / Aja_. o--6-47a- Business 74.L /,ma's \luigeA CoOte,t.-P0 May 8, 1980 Page 10 MINUTES REGULAR CITY COUNCIL MEETING :: * ;: ;; ;: :: EXHIBIT "A" EL PASEO MERCHANTS PETITION We the undersigned deplom the closing of El Paseo, without prior consulta- tion, for the purpose of slurry sealing the street. As a result of the City's unilateral and arrogant action, our customers were badly inconvenienced, and our business grievously hurt. r �M- _ r 4-7 We that our street never be closed again for any reason , except by prior agreement between the City and the El Paseo merchants. Name 2 Ylf• ' 3 -�c;�' 4 c X.C. \i/ Utivjt,t.-tl4/Le.glOke4.4_, 5 6 .A)tt/) 7 NY1.11-0A.aZ--- 8).Z 9 10 I11 12 A i n 13 4 14 15 16 r Business v /2 - \ilk 0-L2 CaLuva-octij c1L2 • (LA. au:.itfrig2 May 3, 1930 Page 11 MINUTES REGULAR CITY COUNCIL MEETING EXHIBIT "A" EL PASEO MERCHANTS PETITION e the undersigned deploy the closing of E1 Paseo, without prior consulta_ ion, for the purpose of slurry sealing the street. As a result of the City's nilateral and arrogant action, our customers were badly inconvenienced, and ur business grievously hurt. (Av., i'U►oN►S4+4 that our street never be closed again for any reason,^except by prior agreement between the City and the El Paseo merchants. Name 30 /Pi 0 6 Business ""eiet.?z.do \‘21/INe J9,AJ Cio May 8, 1930 Page 12