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HomeMy WebLinkAbout1980-09-11r- MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 11, 1980 CITY HALL COUNCIL CHAMBERS ;: :. ;: .. .. * * .. ;. ** ,c ;'c ;': ': .. ;'c :': ** ** :: :: ;: :': ** -'c :: .; I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the Palm Desert City Council to order at 7:04 p.m. on Thursday, September 11, 1980, in City Hall Council Chambers. II. PLEDGE - Councilman Walter H. Snyder III. INVOCATION - Councilman Alexis D. Newbrander IV. ROLL CALL Present: Excused Absence: Councilman Alexis D. Newbrander Mayor Pro-Tem James E. McPherson Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Murrel Crump, Principal Planner Carlos L. Ortega, Assistant City Manager Jack Campbell, Acting Director of Public Works AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION OF THE MAYOR DECLARING SEPTEMBER 30, 1980, AS "JOB FAIR DAY" IN THE CITY OF PALM DESERT. Mayor Wilson read the Proclamation in its entirety and presented it to Dr. William Kroonen of the College of the Desert. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 28, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 81-023. Rec: Approve as presented. C. CLAIM AGAINST THE CITY By Sylvia Zankich, P. 0. Box K, Palm Springs, California, In The Amount Of $1,000,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and the City's Insurance Carrier. D. CLAIM AGAINST THE CITY By Billie Jean Simmons In The Amount Of $10,000,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and the City's Insurance Carrier. September 11, 1980 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * is * * * J: v * * * * * is * * * * * * i. * * * * * .. * n * * VI. CONSENT CALENDAR (Continued) E. CLAIM AGAINST THE CITY By Stacey Simmons In The Amount Of $10,000,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and the City's Insurance Carrier F. CLAIM AGAINST THE CITY By Conrad Baudoin In The Amount Of $50,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and the City's Insurance Carrier. G. CLAIM AGAINST THE CITY By Christie Baudoin In The Amount Of $50,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and the City's Insurance Carrier. H. CLAIM AGAINST THE CITY By Margot Desrosiers In The Amount Of $500,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and the City's Insurance Carrier. I. CLAIM AGAINST THE CITY By Linda Desrosiers In The Amount Of $500,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and the City's Insurance Carrier. J. CLAIM AGAINST THE CITY By Southern California Gas Company, 810 South Flower Street, Los Angeles, California, In The Amount Of $120.95 For Alleged Damages at 73-760 Rancho Road, Palm Desert. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and the City's Insurance Carrier. K. REQUEST FOR REFUND By Lewis Homes Of California In The Amount Of $696.80 For Payment Of Excess Plan Check Fees. Rec: Approve the request and authorize the refund from Account No. 01-4980-000. Councilman Newbrander 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 None IX. RESOLUTIONS A. RESOLUTION NO. 80-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GIVING NOTICE OF INTEN- TION TO FORM LANDSCAPING AND LIGHTING DISTRICT NO. 1980-1, ALSO KNOWN AS REDEVELOPMENT AGENCY PARKING LOTS #1 AND ##2. Mr. Bouman reported that this was a companion action to that taken by the Redevelopment Agency in awarding a contract for C n.�toml.or 11 l QQ(1 MINUTES REGULAR CITY COUNCIL i_.ING is i�: * i,: i�: is is .♦ i• � is �- .� .� .. i. is .: .. iC .: * i. .. :: IX. RESOLUTIONS (Continued) A. RESOLUTION NO. 80-117 (Continued) the reconstruction of two parking lots between Portola and Larkspur and El Paseo and the South Frontage Road. This resolution begins the process and sets in force the mechanics of organizing an assessment district to which the property owners will belong. He pointed out that the attachments to the resolution outlined the specific parcels included along with an approximate cost per parcel. He concluded his report by stating that the Council would hold a Public Hearing on October 9, 1980, at 7:00 p.m. to receive any protests relative to the district. Councilman Newbrander moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-117. Motion carried unanimously with the members present. Mr. Ortega distributed a retyped version of Attachment "A" to the resolution for the Council's records. X. ORDINANCES For Introduction: A. ORDINANCE NO. 228 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF PALM DESERT, RELATING TO CHARITABLE SOLICITATIONS. Mr. Bouman reported that this ordinance was required to bring our Municipal Code into compliance with State legislation. It deals with solicitations of funds by charitable organizations and limits them to retaining no more than 257 of the monies collected for administrative fees. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and pass Ordinance No. 228 to second reading. Motion carried unanimously with the members present. For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF (CITY CONTRACT NO. 1022 i CHANGE ORDERS FOR THE RANCHO ROAD PROJECT. Mr. Ortega reported that this was a 4th Year HCD Project which had originally been budgeted at $350,000. However, the original contract was less than that and consequently the Finance Depart- ment only encumbered to cover the original contract. Subsequently, additional engineering work was required and additional construc- tion work was required, and the Director of Public Works approved Change Orders in the amount of $33,231. He explained that two Council actions would be required to approve this. Councilman Puluqi moved and Councilman Snyder seconded to approve the Change Orders in the amount of $33,231 by Minute Motion. Motion carried unanimously with the members present. r'n+inn, lmar 1�Tn.,ayr?nder mnv' d 2nd Co-nc417:n Srvder ._ further reading and adopt Resolution No. 80-118, amending the City's 1980-81 Budget to provide said appropriation. Motion carried unanimously with the members present. September 11, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * V * n `'; * is * * J, n V .. .: * * Jf * * .. * * V i. .. 7': XIII. CONTINUING BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT For The Preparation Of An Environmental Impact Report On A Proposed Commercial/Hotel/Condominium Project At The North- east Corner of Highway 111 and Deep Canyon Road. Mr. Crump reported that the Council, at their regular meeting of June 26, 1980, had required the preparation of an EIR for the subject project. Five consulting firms had been contacted and two proposals had been received. Atlantic Scientific of Beverly Hills was the low bidder at $11,740. This amount has been deposited in a City Trust Account by the developer to cover the cost of the report, and Staff recommended approval of the award of contract. Councilman Snyder moved and Councilman Puluqi seconded to, by Minute Motion, approve a Professional Services Agreement with Atlantic Scientific of Beverly Hills, low bidder, and authorize the Mayor to execute same. Motion carried unanimously with the members present. XV. ORAL COMMUNICATIONS - B MS. JEANNE MICHAELS, 72-848 Skyward Way, Palm Desert, addressed the Council relative to the elevated building pads being put in in the Palm Desert Highlands area as well as south of that area. She stated that it was depreciating the value of surrounding homes, as well as destroying the esthetic value of the community. She suggested that it might be wise for the Council to consider a temporary moratorium on the buiding up there until such time as it is ascertained what is best for those people who are already living there. She reviewed pictures she had taken with the Council. Mayor Wilson stated that he had received several calls about this area, and it was his understanding when Council adopted this ordinance that the City was very concerned about the effect of the ordinance as to its impact on existing dwellings and developed neighborhoods. This particular site illustrates the type of area where most of it is built out with only a few vacant lots left. He stated that a procedure had been established to review such cases, and he was concerned that this system was not working in that it should be preventing cases such as this. He stated that one of the alternatives available was a building moratorium on all development in the flood plain area until such time as something can be worked out. He said he felt it was a good time to take a good, close look at our system to see it is working and if not, place a moratorium on building. Mr. Bouman responded that the system is working, but the results are not popular. The Flood Review Committee is reviewing these plans on an individual basis. He reviewed the criteria reviewed by the Committee. Mayor Wilson stated that he would want to see the Committee more concerned with the existing neighborhood than new development, and he would rather see a project not approved it it is detri- mental to the area it is being built in. Mr. Bouman stated that the grading ordinance, when passed, had created the same type of controversy, and it is hard to deal with and resolve. On the other hand, if we are talking about a moratorium, it would be a long moratorium as everything that can be worked out with the Federal Government has been worked out. We are tied by Federal regulations for Federal Flood Insurance. Councilman Puluqi stated that he felt that the people already living here should be protected - not penalized. September 11, 1980 Page 4 MINUTES REGULAR CITY COUNCIL ,( SING XV. ORAL COMMUNICATIONS - B (Continued) Councilman Newbrander stated that even as late as last year, she had moved for a moratorium on building just on the south side, but it had died for a lack of a second. It would have prevented these awful mounds that we are now living with. MR. NOEL BRUSH, 73-082 Bel Air Road, Palm Desert, addressed the Council as a former Councilman and homeowner in the area being discussed. He stated that he had been concerned about this when he was on the Council and the ordinance had been adopted in that he felt the people already living here should be protected. He pointed out that when the item had appeared before the Council, he had suggested a moratorium. He felt that building up the lots was doing nothing more than forcing the water down onto existing dwelling units. MR. JAMES ARMSTRONG, 72-868 Skyward Way, Palm Desert, addressed Council stating that he had nothing additional to add but wanted to go on record in support of the other speakers. He pointed out that one of the building pads just graded will be as high as his roof. He said that he had lived here for 7 years, and he thought existing homeowners should be given first consideration. Mayor Wilson suggested that the Council tour the area to see the lots being discussed. Mr. Bouman pointed out that some of them, for example Cove Construction, were developed and graded under the Grading Ordinance and not the Flood Control Ordinance. Council agreed that the tour should be made. Mayor Wilson asked the Deputy City Attorney if it would be possible to withhold building permits for a two -week period of time while Council made the tour and evaluated the situation and its alternatives. Jeff Patterson replied that a moratorium could be placed by an urgency measure, and that it must include facts and findings that there is an urgent situation for health and safety factors. Mayor Wilson moved and Councilman Snyder seconded to waive further reading and adopt Urgency Ordinance No. 229,.establishing a two -week building moratorium in the AO-2 and AO-3 Flood Zones in the City. Motion carried unanimously with the members present. XVI. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman reported that a small curb, gutter, and tie-in paving project on Willow Street and a portion of Desert Lily had been legally advertised for construction bids, and no bids were received. However, informal estimates were received some time ago in order to establish and advise property owners of the cost. Since we don't want to tie the project up by going to bid again, the City Attorney advises that with no bids received, it is legal for the Council to negotiate a contract. Staff has received an estimate of $16,693 for Willow Street and $3,336 for the Desert Lily portion of the project. The latter 1 portion will be paid for by the City, thus the two figures. He requested Council's award of bid to Alred & Kyser for the ! project. Councilman Snyder moved and Councilman Puluqi seconded to authorize Staff to enter into a contract with Alred & Kyser for said amounts for the Willow Street/Desert Lily Project with further authorization for the Mayor to execute said contract. Motion carried unanimously with the members present. CITY ATTORNEY None September 11, 1980 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * * * n ': * n * k * n * * n * JC n * * * * * * * J * * .. * * iC * XVI. REPORTS AND REMARKS (Continued) mnvop ATrr) m7m,u7Dc nv mum i-Tm7 nnrrr,nTT Mayor Wilson stated that at the last Council meeting, the high electric rates were discussed. Since then, Mr. Grimes has been here talking with city officials and the public. He stated that the Palm Springs Mayor was ready to present a proposal to CVAG whereby CVAG cities engage legal assistance to go before the Public Utilities Commission to argue our case. He stated he would like to be able to offer Palm Desert's support of such a proposal if it comes up. Councilman Snyder moved and Councilman Puluqi seconded to authorize the Mayor to enter into any necessary agreement or endeavor with other Coachella Valley cities to present our case to the Public Utilities Commis- sion. Motion carried unanimously with the members present. Mayor Wilson announced that immediately following a Redevelop- ment Agency Executive Session, Council would return to Study Session to complete that agenda. Mayor Wilson asked that everyone note the Future Meetings listed on the Agenda. XV. ADJOURNMENT Councilman Newbrander moved and Councilman Snyder seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Wilson adjourned the meeting at 7:55 p.m. S. OY W vL-SON , -MAYOR ATTEST: --SHEILA R. GI- LLIGAN, OTY CLERK CITY OF PALM DESERT, CALIFORNIA - September 11, 1980 Page 6