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HomeMy WebLinkAbout1980-10-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 9, 1980 CITY HALL COUNCIL CHAMBERS i. * n is * is TC * * * * * * * * * * * * * * * * * * JC * * * * * * * * �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, October 9, 1980, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tem James E. McPherson III. INVOCATION - Mayor S. Roy Wilson IV. ROLL CALL Present: Excused Absence: Councilman James E. McPherson Councilman Alexis D. Newbrander Councilman Romeo S. Puluqi Mayor S. Roy Wilson Also Present: Councilman Walter H. Snyder Martin J. Bouman, City Manager David J. Erwin, City Attorney Carlos L. Ortega, Assistant City Manager Paul E. Byers, Director of Finance AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF PARKS & RECREATION COMMISSIONER To Fill The Expired Term of Rev. Daryl Bjerke. Mayor Wilson, with unanimous concurrence of the City Council members present, reappointed Rev. Daryl Bjerke to a four-year term on the Parks & Recreation Commission. He stated that Rev. Bjerke had served on the Commission since its inception and had done an excellent job, and it was with pleasure that the reappointment was made. B. PRESENTATION OF "DISTINGUISHED SAFETY SERVICE AWARD" By The Automobile Club of Southern California. Mr. Dick Jandt of the Automobile Club of Southern California presented Mayor Wilson with a plaque citing the City of Palm Desert for distinguished safety service in that no traffic fatalities had occurred within the City between the years of 1976 and 1979. C. PRESENTATION OF "PEDESTRIAN SAFETY CITATION" By The Automobile Club of Southern California. Mr. Dick Jandt of the Automobile Club of Southern California presented Mrs. Elizabeth Garrett, Crossing Guard for the George Washington School, with a plaque for outstanding achievement in the instruction of pedestrian safety. He noted that not only did Mrs. Garrett instruct while acting as Crossing Guard for the children, but she also volunteered her own time for classroom instruction as well as in the school's library. V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 25, 1980. Rec: Approve as presented. October 9, 1980 Page 1 MINUTES REGULAR CITY COUNCIL MEETING iC * n :C * * if * iV * :: h iL i� JC n i. i': i*: i': �C ': i': is n i�: L is i'C i� iV i': i�: n VI. CONSENT CALENDAR (Continued) B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 81-032, 81-033, and 81-034. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Nancy M. & Richard 0. Ayres for CEDAR CREEK INN, 73-445 El Paseo, Ste. 11-6 Palm Desert, California. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Portola Country Club Homeowners Association for PORTOLA COUNTRY CLUB, 42-500 Portola Avenue, Palm Desert, California Rec: Receive and file. E. REQUEST FOR RELEASE OF BONDS FOR TRACT NO. 5554, IRONWOOD Rec: Accept the work as complete and authorize the City Clerk to release the bonds. F. REQUEST FOR RELEASE OF BONDS FOR TRACT NOS. 5565-3, 5565-4, AND 5565-5. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. G. RESOLUTION NO. 80-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF CERTAIN DEEDS FOR PROPERTY PURCHASED BY THE CITY IN ACCORDAN WITH THE C.O.D. SPECIFIC PLAN AND DIRECTING THE CITY CLERK TO RECORD SAID DEED. Rec: Waive further reading and adopt. H. REQUEST FOR REFUND OF DUPLICATE PAYMENT MADE IN FISCAL YEAR BY MR. JEFF PLACE Rec: Approve the refund and authorize repayment from Account No. 11-4980-000. I. CLAIM AGAINST THE CITY BY SOUTHERN CALIFORNIA EDISON COMPANY In The Amount Of $1,696.51 For Alleged Damage To Equipment At Portola, S/o Shadow Mountain, Palm Desert, California. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. Councilman Newbrander moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CASE NO. SC-1 - CONTINUED CONSIDERATION OF PUBLIC INPUT REGARDING STREET CLOSURE ON THE EAST SIDE OF MONTEREY AVENUE SOUTH OF 44TH AVENUE AS DESCRIBED IN THE COLLEGE OF THE DESERT AREA SPECIFIC PLAN (CLOSURE OF SANTA ROSA WAY, SAN NICHOLAS AVENUE, AND GUADALUPE AVENUE) OR OTHER ALTERNATIVES AS DEEMED APPROPRIATE (i.e., CLOSURE OF SANTA ROSA WAY, SAN NICHOLAS, CATALINA WAY AND GUADALUPE AVENUE). Mr. Ortega reviewed the Staff Report and the two choices available. He pointed out that the alternative would close off all streets along Monterey, not leaving Catalina open. October 9, 1980 Pave 2 MINUTES REGULAR CITY COUNCIL Mv...fING * i': is is is iC i* is * n is * * V * n iC iV * V * V * * n is is .. is V VIII. PUBLIC HEARINGS (Continued) A. CASE NO. SC-1 (Continued) Mayor Wilson invited input from the public in FAVOR of the request. The following people spoke in FAVOR of the Alterna- tive Plan which would close all streets along Monterey but in OPPOSITION to the proposed cross streets within the neigh- borhood. Ms. Aldona Krounce, 73-110 Catalina Way, Palm Desert. Mr. David Holmes, 73-160 Catalina Way, Palm Desert. Mr. Bob Hutcheson, 73-180 Catalina Way, Palm Desert. Ms. Laura Luce, 73-174 San Nicholas, Palm Desert. No further input was offered at this time. Mayor Wilson declared the Public Hearing closed. Mr. Bouman responded to a question by one of the speakers relative to how much this street widening would cost the city. He stated that the closure of the streets would not cost the city anything in that it was being paid for by the developer of the Town Center. However, the proposed cross streets would be paid for by the city. He also pointed out that these streets had been included in the plan partly on the strong recommendation of both the Sheriff's Department and the Fire Department in that access to homes in case of an emergency would be much greater. Mayor Wilson reopened the Public Hearing to receive the following additional public input. Mr. David Holmes, 73-160 Catalina Way, stated that the people who were in favor of the plan a few years ago no longer live in the area. Ms. Laura Luce, 73-174 San Nicholas, asked whether or not the newly developed corner lots would be assessed more. Staff responded that they would not. Mayor Wilson declared the Public Hearing closed. Councilman McPherson pointed out that any change to the Plan would require additional input from the Planning Commission. He personally had no objection to closing Catalina but felt that further change would require Commission approval. Councilman Puluqi stated he would agree to closing Catalina but felt it wrong to eliminate the cross streets. Mr. Ortega pointed out that the action requested of the Council dealt with the closing of the streets, not the construction of the cross streets. Mayor Wilson stated that maybe the issue of the cross streets could be put on the "back burner" until after such time as the streets were closed and the residents could see how it was working. He noted that the property had all been acquired. Councilman Puluqi moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 80-125, closing all streets to Monterey, and amended to delete mention of the cross streets. Motion carried unanimously with the members present. B. REQUEST FOR CONSIDERATION OF THE FORMATION OF A LANDSCAPING AND LIGHTING DISTRICT (PARKING LOTS #1 AND #2) . Mayor Wilson noted that the legal notices mailed to property owners had stated the hearing would be held at 8:30 p.m. and thus this item would be discussed later in the Agenda or after 8:30 p.m. October 9, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING n is is is * n' * * is .. is * * n iC n :: :C is * is * * * * i. k J: * * IX. RESOLUTIONS A. RESOLUTION NO. 80-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1980/81 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS FOR THE COMPLETION OF VARIOUS MAJOR PROJECTS INITIATED IN PRIOR FISCAL YEARS. Mr. Bouman stated that this was a budgetary housekeeping item involving some extra work performed on jobs, money for which had not been carried over into this year's budget. He reviewed the amounts -- $547.00 for the Alamo Drive Improve- ment project; $4,480 for the San Carlos - De Anza Intersection Project; .$8,005.50 for the Portola Avenue (east side) Project; and a sum of $54,000 for right-of-way acquisition for the C.O.D. Specific Plan. Councilman Newbrander moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-127. Motion carried unanimously with the members present. Councilman McPherson moved and Councilman Newbrander seconded to approve the Change Orders for Contract #1025, #1024, and #1031 as presented. Motion carried unanimously with the members present. B. RESOLUTION NO. 80-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1980/81 BUDGET TO PROVIDE FOR REIMBURSEMENT TO THE STATE OF CALIFORNIA FOR DIS- ALLOWED COSTS RELATING TO THE 1976 FLOOD EMERGENCY REPAIRS AND RESTORATION. Mr. Bouman reported that this dealt with the storm in 1976 and flood claims that had been submitted to the State for reimbursement. Since that time, an audit has been conducted and certain items disallowed by the State, thus necessitating a reimbursement. This resolution would authorize such repay- ment. Councilman Puluqi moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 80-128. Motion carried unanimously with the members present. X. ORDINANCES For Introduction: A. ORDINANCE NO. 231 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 1.12.030, 1.12.040, 20.01.020 AND 25.96.040 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA. Mr. Erwin stated that this ordinance would amend the existing ordinance by changing violations of city laws to infractions rather than misdemeanors. He pointed out that perhaps some time in the future, our own Code Enforcement Officers might issue citations. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 231 to second reading. Motion carried unanimously with the members present. B. ORDINANCE NO. 232 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 8, CHAPTER 8.08, SECTION 8.08.080, OF THE PALM DESERT MUNICIPAL CODE. Mr. Bouman reported that this dealt with amending our ordinance relative to the grading and posting fees for sanitation certifi- cates for restaurants to bring our fees into line with that which the County of Riverside, who provides the services, actually charges us. Councilman Puluqi moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 232 to second reading. Motion carried unanimously wir'' the members present. October 9, 1980 MINUTES REGULAR CITY COUNCIL M 'ING * i�: ;: �: J� �� i� i�: i. i�: is .: is•n �. is is i�: n is i. i�: n iC is is i�: is* .� n is i. C. ORDINANCE NO. 233 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING ORDINANCE NO. 220, CHAPTER 6.05 AND 6.08, RELATING TO ANIMAL CONTACT AND ANIMALS RUNNING AT LARGE. Mr. Bouman reported that this and the Agreement with the County relative to animal control were requested for continuance to the meeting of October 23, 1980, in that the County of Riverside wished time for further review. With no objection from the Council, Mayor Wilson continued this item to the meeting of October 23, 1980. For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF JOINT POWERS AGREEMENT, SECOND AMENDMENT, FOR PERFORMANCE OF SERVICES FOR REGULATION AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS. 1 Mayor Wilson, with concurrence of the Council, continued this item to the meeting of October 23, 1980, per the request of the County of Riverside. B. REQUEST FOR APPROVAL OF GRANT EASEMENT FOR MONTEREY AVENUE, GRAN VIA AVENUE, LAS PALMAS SIGNALIZATION. Mr. Bouman stated that this easement would allow appertenances required for the signalization of Monterey and Gran Via to be placed on property currently owned by Sunrise Corporation. Councilman Newbrander moved and Councilman McPherson seconded to accept the easement and authorize the City Clerk to record. Motion carried unanimously with the members present. C. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR THE SIGNALIZATION OF MONTEREY AVENUE, GRAN VIA AND LAS PALMAS. Mr. Bouman reported that the Council had, in previous action, authorized the engineering work to be done on this signalization. It is to be completely funded by the Sunrise Corporation. This requested action would be to call for bids. Mayor Wilson expressed opposition to the signalization in that he did not feel there was enough traffic to warrant it at this time. He felt the city could reach a point where there were too many unnecessary signals. Mr. Bouman explained that even before approval of the Town Center, a traffic projection showed in excess of 25,000 vehi- cles per day. He pointed out that the Gran Via intersection will serve 430 homes - far more than the Thunderbird intersec- tion in Rancho Mirage - just from Monterey Country Club. To the west is Rancho Las Palmas with an equal amount of housing. He stated that the signal would be traffic actuated so as not to stop traffic on Monterey unless absolutely necessary. In addition to the traffic necessitating the signal, the dip created by the Whitewater Channel caused a visibility problem. Councilmen Newbrander and McPherson agreed that the signal was necessary now. Mayor Wilson stated he just did not want to see it go in before it was necessary. Mr. Bouman reported that the developer had paid his money in good faith and was very anxious to see the signal installed. October 9, 1980 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * .. * :: * ': .: * :: :: * * * ;: * * * * is * * * * * * XII. NEW BUSINESS (Continued) C. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS (Continued) Councilman Newbrander moved and Councilman McPherson seconded to approve the request and authorize the City Clerk to advertise for bids. The following votes were cast: AYES: NOES: ABSENT: ABSTAIN: McPherson and Newbrander Puluqi and Wilson Snyder None The item was continued to the meeting of October 23, 1980. D. REQUEST BY CHACAHUALA, LTD., TRACT NO. 13581, FOR APPROVAL OF CONDITIONAL FILING OF FINAL TRACT MAP AND WAIVER OF A PORTION OF BOND AMOUNT PENDING RESOLUTION OF FLOOD HAZARD PROBLEMS. Mr. Erwin reported that the developer has requested Council approval of a Final Tract Map for this tract and a waiver of a portion of the bond. This means that the Council would make the determination that it is not necessary at the present time for all improvements to be bonded, thus allowing the map to be recorded. The Municipal Code gives the Council the authority to do this. The entire amount of improvements approach $400,000. The developer's request is that they be allowed to bond only for street entry portion of the tract which is $10,000. Mr. Erwin suggested that if the Council did approve the request, a condition be placed upon said approval stating that there will be no sale of lots in the tract until such time as all bonding is made. Mr. Gene Scotthorn, Consulting Engineer for the developer, addressed Council stating their concurrence with the report of Mr. Erwin. Councilman Newbrander stated that she felt this project had been a difficult one at best from the outset and she was not in favor of waiving anything. Councilman Puluqi moved and Councilman McPherson seconded to grant approval of a conditional filing of final tract map and a waiver of a portion of bond amount with the stipulation that there be no sale of lots in the tract until such time as all bonding is made. Motion carried on a 3-1-1 vote with Councilman Newbrander voting NO and Council- man Snyder ABSENT. XIII. CONTINUING BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B f Ms. Mary Anne Taintsley, 44-785 San Clemente, Palm Desert, pre- sented copies of a petition which she indicated had been given to Jack Campbell, Acting Director of Public Works, for the closure of San Gorgonia and Monterey. Mayor Wilson explained that the street closures discussed during the Public Hearing were part of the C.O.D. Specific Plan and that this petition would be reviewed by Staff for recommendation and possible Council action in the future. Because of legal advertising and neighborhood notification, the process would take thirty or more days, and the process would begin with the Planning Commission. Mr. Alex Yaron, 74-222 San Marino Circle, Palm Desert, addressed Council and suggested that perhaps making Catalina Way one-way would be a viable option. Council thanked him for his comments. -October 9, 1980 Page 6 MINUTES REGULAR CITY COUNCIL M. 'ING is * * * * * * * * ;C * .. r: * ** * is ': r. * * * r: :: k * * * * * * * * * * * A TEN MINUTE RECESS WAS CALLED TO MEET THE 8:30 SCHEDULE FOR THE ASSESSMENT DISTRICT PUBLIC HEARING. VIII. PUBLIC HEARINGS B. REQUEST FOR CONSIDERATION OF THE FORMATION OF A LANDSCAPING AND LIGHTING Dib'rKIU1 (PARKING LOTS #1 AND #2) . Mayor Wilson declared the Public Hearing open and called on Staff for their report. Mr. Ortega reported that this was the last step in the forma- tion of the assessment district. Final estimated assessments have been made and mailed to the property owners, and this is the time and place to receive protests. By adoption of the proposed resolution, the district would be offically created. Mayor Wilson invited input in FAVOR of the district, and the fol- lowing spoke: Dr. Robert Morrey addressed the Council on behalf of many of the property owners and in favor of the district. Mayor Wilson invited input in OPPOSITION to the district, and the following spoke: Mr. Mel Gerrard, 246 Camino Alturas, Palm Springs, addressed Council as owner of the Jensen Building, and he presented a letter expressing his opposition to the district (attached and made a part hereof as Exhibit "A"). In response to question by Mr. Jensen, Mr. Bouman advised that the C.V. Water District had waited until the City had let the contract for the construction of the parking lots before it had offered sewer hookup for a reduced rate. These hookups would mean that the City's contractor would have to leave the job and not commence completion until such time as the Water District was through. In addition, several different sub- contractors could be involved in the sewer hookups which would further delay the completion of the parking lots. Thus, since the City was concerned with getting too far into the seasonal time for the merchants, no permits were allowed to be issued. Mayor Wilson declared the Public Hearing closed. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-126. Motion carried unanimously with the members present. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman reported that the City's supervising architect for the southside fire station had requested a 45-day exten- sion of time for the contractor to complete the job due to conditions which were out of his control. These conditions dealt with the need to bring in a water line. Councilman McPherson moved and Councilman Puluqi seconded to grant a 45-day extension of time to the contractor of the southside fire station. Motion carried unanimously with the members present. 2. Mr. Ortega reported that the City's seventh year entitle- ment for Community Development Block Grant monies is $67,000, and October 15th is the deadline by which the City must submit a project to use the entitlement. Staff recommended three areas for projects: San Pascual Park for $110,609; Drainage Improvements & Widening of San Pablo for $75,525; and Storm Drain along 44th Avenue from San Pascual Channel to Portola (multiple year project). October 9, 1980 Page 7 MINUTES REGULAR CITY COUNCIL MEETING * i. * * * :: * is .. :: if .• :: :: * :C .. :: :f 7: i. i': :C i'C * * .. * .. :: :: :C XVI. REPORTS AND REMARKS (Continued) A. CITY MANAGER (Continued) Councilman Newbrander moved to authorize staff to submit the San Pascual Park, Drainage Improvements and Widening of San Pablo, and Storm Drain Along 44th Avenue from San Pascual Channel to Portola as projects for competition in the County -wide discretion fund. Councilman McPherson seconded the motion; carried unanimously with members present. B. CITY ATTORNEY Mr. Erwin stated that from time to time, it was necessary for him to utilize other attorneys in his office for court appearances, research, etc. However, the City's Finance Director was not authorized to pay anyone but the City Attorney and the two Deputy City Attorneys. Mr. Erwin requested Council's authoriza- tion to utilize any attorney in his office. Councilman McPherson moved and Councilman Puluqi seconded to authorize the City Attorney to utilize any attorney in his office for assistance. Motion carried unanimously with the members present. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the future meetings listed on the Agenda. XV. ADJOURNMENT Councilman McPherson moved and Councilman Puluqi seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Wilson adjourned the meeting at 9:05 p.m. 4 % ,/ S. R/ /WIj.SON, MAYOR CJ ATTEST: SHEILA R. GILLJLG N, CITY ERK O CITY OF PALM DESERT, CAS RNIA f October 9, 1980 Page 8 MINUTES REGULAR CITY COUNCIL MLaTING EXHIBIT "A" 246 Camino Altures Palm Springs, CP 92262 Phone (714) 323-7777 October 9, 1980 Palm Desert Redevelopment Agency 45-275 Prickly Pear Lane Palm Desert, CA 92260 Attention: Sheila R. Gilligan, City Clerk Dear Ms. Gilligan, My wife, Carol, and I are owners of at 73-925 Highway 111 in Palm Desert. Our parking lot construction , landscaping and the Jensen Building, located building fronts the proposed lighting assessment district. We object to the proposed changes. We feel that half of the proposed 50-2/3/ per linear foot fronting the parking lot would be ample (per month) . We understand that City of Palm Desert requires 15% planting. Our building already has approximately 30% planting (of the area around our buildings). The existing planting should be taken into consideration - the amount of planting in the parking lot should be reduced to cut expenses of gardening and maintenance and watering. We also understand that trees are to be planted 7+ to i5' from our building. This is too close for the following reasons: 1. When the trees are small, they are no problem. However, they grow up. Leaves would be dropped onto our roofs, clogging our roof drains and dirtying up our walkways. 2. Roots from these trees would eventually grow and buckle the walkways around our buildings. 3. Besides, we already have planting clear across the parking -lot side of our building. PLEASE, delete the trees by the buildings and only have trees toward the center of the parking lot - away from the buildings. Please reduce the monthly assessment to half of your proposed assessment, or around 25/ per linear foot fronting the parking lot. Assessments like this are usually passed on to the tenants - and many businesses have already failed in Palm Desert because of high rents - as evidenced by the many vacant buildings. Sincerely, Mel Gerrard October 9, 1980 Page 9