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HomeMy WebLinkAbout1981-07-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 9, 1981 CITY HALL COUNCIL CHAMBERS * * . .. * * ;C .. :C irC r: :: is * is * * * * is * * * * * irC * 'n * :C ?C ir: .. * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:10 p.m. on Thursday, July 9, 1981, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson III. INVOCATION - Mayor Pro-Tem Alexis D. Newbrander IV. ROLL CALL Present: Excused Absense: Councilman James E. McPherson Councilman Romeo S. Puluqi Councilman Alexis D. Newbrander Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager Jeff Patterson, Deputy City Attorney Carlos L. Ortega, Assistant City Manager Ray Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance Frank Allen, Code Enforcement Supervisor V. AWARDS, PRESENTATIONS, AND APPOINTMENTS 1 Mayor Wilson stated that a little over a year ago, the Council had appointed a committee to identify and advise relative to solutions to drainage problems facing our citizens. A number of hard working people agreed to serve on this committee. They have performed above and beyond the call of duty, having met every month, going over details of problems, and subsequently recommending solutions to the City Council. He noted that the committee itself consisted of people with engineering expertise as well as other areas of expertise. He stated their work is on -going. He continued that it was the desire of the Council at this time to recognize the members of the Citizens Drainage Com- mittee by presenting each one of them with a proclamation of appreciation. He proceeded to present an individual proclamation to each of the following members: Mr. Dick Sparks, Chairman; Mr. Tim Johnson, Mr. Jack Doran, Mrs. Sharon Hammons, Mr. George Meyer, and Mr. Wm. J. Tennison, III. Proclamations were held for Mr. Ben Barnum and Mr. Floyd Shope who were on vacation. Mayor Wilson concluded by stating that this committee exemplifies a community working together for the good of the entire community. 2. PROCLAMATION FOR CLIFFORD HENDERSON Mayor Wilson read a proclamation proclaiming Clifford W. Henderson as "Statesman Emeritus", noting that Saturday, July llth, was the gentleman's 86th birthday. He stated that the proclamation would be officially presented to Mr. Henderson at a party to be held on Saturday. 7.. 1 .. (1 MINUTES REGULAR CITY COUNCIL MEETING * :C * * .. :'C :f iY .. .. .. .. .. :': ,,C :C i. is •.. .. :C %: i'C :C iC :'C X * .. :'C V. AWARDS, PRESENTATIONS, AND APPOINTMENTS (Continued) 3. Mayor Wilson stated that at the Council's previous meeting, they had unanimously endorsed in concept a feasibility study of a Convention and Visitor's Bureau to help promote the Tri Cities. The Council had appointed Councilman McPherson as lisison and Martin J. Bouman as Senior Staff Member and was now ready to make specific appointments to the committee. Councilman McPherson announced the following appointments to the newly created committee: Don McNeilly, Chamber of Commerce; Carole Whitlock, Shadow Mountain Hotel; Hank Stokes, Retail Merchant; Phyllis Jackson, Realtor; Ken Hinckle, Owner of The Fort Restaurant; Ralph Bodin, Owner of Ralph's Vacuum and Sewing Center; Robert Small, General Manager of the Marriott Hotel; James McLaughlin, Owner of Hiroko's of Palm Desert. Councilman McPherson stated that the entire Council concurred with these appointments. 4. APPOINTMENT OF PLANNING COMMISSIONER Mayor Wilson stated that Dr. Robert McLachlan had resigned from the Planning Commission effective July 30, 1981. He stated that the Council had called for and received several applications, all of which had been reviewed. He noted that one very good thing about having citizens committees was that the Council was then able to observe citizen participation and performance. He announced that it was the unanimous con- sensus of the Council that Mr. Ralph Wood, who was currently co-chairing the Street Beautification Committee, should be appointed to the Planning Commission. Upon motion by McPherson and second by Newbrander, Mr. Ralph Wood was unanimously appointed to the Planning Commission to serve the unexpired term of Dr. Robert McLachlan VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of June 25, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 81-123 and 81-124. Rec: Approve as presented. C. CLAIM AGAINST THE CITY By Farmers Insurance Group In The Amount of $2,427.58. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. D. REQUEST FOR RELEASE OF MAINTENANCE BOND For Tract No. 9396, Prelude Development Company. Rec: Approve the request and authorize the City Clerk to release the $10,910 Maintenance Bond. E. REQUEST FOR RELEASE OF SURETY For Tract No. 13581-1, Chacahuala, Ltd. Rec: Approve the request and authorize the City Clerk to release the $10,000 Surety Bond. F. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS For Public Works Equipment. Rec: Approve the request and authorize the City Clerk to advertise for bids for a truck and mower for the Public Works Department. July 9, 1981 Page 2 MINUTES REGULAR CITY COUNCIL ETING * * .. * JC * * .• .. is V :lC .. * * * iV JC .. n * n .. * 1 V L* 1 VI. CONSENT CALENDAR (Continued) G. REQUEST FOR APPROVAL OF ASSESSMENT DISTRICT NO. 81-5 (SAN BENITO CIRCLE. Rec: Approve the petition and authorize the Director of Public Works to retain bond counsel, design and assessment engineer. Upon motion by Newbrander, second by McPherson, the Consent Calen- dar was unanimously approved as presented. Councilman McPherson noted Item G on the Consent Calendar and commended all the residents in that area for taking the initiative to correct their drainage problems. He encourage others in the community to come forward and do the same thing. VII. ORAL COMMUNICATIONS - A MR. RALPH WOOD, Roy Emerson Drive, Palm Desert, addressed the Council as a member of the Palm Desert Board of Realtors Frontage Road Committee. He presented a north -side Frontage Road survey result dated July 9, 1981, (attached hereto and made a part hereof as Exhibit "A"). Mr. Wood reviewed the survey in detail, noting the following results: 1. 21% of the individuals surveyed wished to change the north side Frontage Road to a two-way street. 2. 21% of the individuals surveyed wished to leave the north side Frontage Road as is, except spending some money to add an off -ramp from the Highway in the block between San Pablo and San Luis Rey. 3. 25% of the individuals wished to leave the north side Frontage Road as is and spend money for landscaping and beautification of Highway ill's center median and both sides of the Frontage Road. 4. 23% of the individuals surveyed wished to leave the north side Frontage Road as is and spend the money to correct drainage problems along the Frontage Road. 5. 10% of the individuals surveyed wished to leave the north side Frontage Road as is, with no landscaping and no change. Mr. Wood noted that approximately 50% of the people who had been sent surveys had responded which was considered a good random sampling. He also pointed out that where there were particular businesses with a great deal of public traffic in and out, a committee consisting of 12 individuals physically visited the businessmen and asked them to complete the questionnaire. Mayor Wilson thanked the Frontage Road Committee for stepping forward and tackling this controversial project for the Council. He noted that two studies have now been completed and both indi- cated almost identical results. Councilman McPherson stated he hoped that now the surveys had been completed (one City survey and one by the Board of Realtors), he hoped some typ of action could be taken. He felt that some modifications should be made and then the system left alone to work as it should. MR. FREDERICK THON, 45-390 Garden Square, Palm Desert, addressed the Council expressing concern over the elevating costs of expen- ditures made by candidates during elections. He stated this was a problem facing not only the City, but the entire nation. He suggested that the Council adopt some type of policy wherein individual candidates would be asked to abide by a voluntary limitation on expenditures during an election. July 9, 1981 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * k k ., k :c sc ,. k 'c :c „ * :'c ,c :'; ;'; *'; * * * * * * 71: * •„ VII. ORAL COMMUNICATIONS - A (Continued) MR. DON DANO, 73-043 Somera Road, owner of the Palm Desert Paint Store, addressed Council relative to the Frontage Road survey. He stated his disagreement with the survey results and expressed support for the return to the two-way system, particularly in his block just west of San Pablo. He noted that the street was wide enough to accommodate two-way traffic in that area and questionned the statement that parking spaces would be lost as a result of two-way conversion. VIII. PUBLIC HEARINGS A. CASE NO. TT 16015 - MAYER CONSTRUCTION, INC. AND STANLEY C. MORSE, APPLICANTS. CONSIDERATION OF A REQUEST FOR APPROVAL OF AN 18-MONTH TIME EXTENSION FOR A 24-LOT TENTATIVE TRACT MAP TO ALLOW 264 CONDOMINIUMS AND A 9-ACRE PUBLIC PARK, (Continued from the Meetings of April 23 and June 25, 1981). Mayor Wilson declared that the Public Hearing was still open and called on Staff for its report. Mr. Diaz reported that this matter had been continued from two meetings. He noted that the critical issued rested on whether or not the City could utilize a portion of a nine acre public park for a fire station and how that would relate to the consistency of the Tentative Tract as it now stands with the amended General Plan. He noted that a new concern had been voiced relative to the five-minute fire response time. He stated that it was the City Attorney's interpretation that the City could not impose a new condition on a time -extension for a tentative tract map. However, the park site was being dedicated for public use, and it was his interpretation that a fire station could therefore be placed on the site. Mr. Diaz concluded by stating that if indeed there was an agreement with this opinion in toto, that the fire station could be placed on the park site, then it would be the recommendation of Staff to approve the request for a time extension. However, if there was disagreement relative to the placement of the fire station, then Staff would recommend denial. Mayor Wilson invited input from the applicant. MR. DAN SALCEDA, Mayer Group, addressed Council and stated that it was his opinion that the Council could not place a new condition on his project at the time of granting a time extension. He cited case histories. He stated that he felt it was in keeping with the law that no further incumbrance be placed on the project, and he stated that he would appreciate Council's approval of the request as presented. He also stated that he did not feel that the issie of the fire station was detrimental to the develop- ment and hoped, rather, that the Council and Staff could work with his group relative to its placement. Mr. Diaz at this time asked that Mr. Salceda state, for the record, that he would accept the interpretation that the fire station could be placed on the park site with the agreement that the applicant would have input as to the exact location. Mr. Salceda responded that he would rather suggest that it will not be the Mayer Group versus the City of Palm Desert. They would continue to cooperate with Staff but did not want it further delineated. Further Council discussion ensued, and Mr. Salceda at this time stated his group would agree with the understanding that they would have some say as to the placement of the fire station. Mayor Wilson invited input in FAVOR of the project, and none was offered. He invited input in OPPOSITION, and none was offered. He declared the Public Hearing closed. July 9, 1981 Page 4 MINUTES REGULAR CITY COUNCIL ETING 1 VIII. PUBLIC HEARINGS (Continued) A. CASE NO. TT 16015 (Continued) Upon motion by McPherson, second by Snyder, Resolution No. 81-101 was unanimously adopted, approving the request. B. CASE NO. C/Z 05-81 - CITY OF PALM DESERT, APPLICANT. CON- SIDERATION OF A PREANNEXATION CHANGE OF ZONE INITIATED BY THE PALM DESERT PLANNING COMMISSION FROM R-1 (12,000) (RIVERSIDE COUNTY), TO PR-5 (U.A.) (PLANNED RESIDENTIAL, 5 D.U./AC. MAXIMUM DENSITY UPON ANNEXATION), FOR THREE PARCELS GENERALLY LOCATED NORTH OF COUNTRY CLUB DRIVE, WEST OF COOK STREET. Mayor Wilson declared the Public Hearing open and called for Staff's report. Mr. Diaz reviewed the report in detail. He noted that the Planning Commission had received approval from the property owners including Mrs. E. Provenaz, owner of the 99.38 acre parcel, who appeared at the Planning Commission meeting and personally expressed her favor of the application. He con- cluded by stating Staff's recommendation to approve the request. Mayor Wilson invited input in FAVOR of the request. MR. ENZO PROVENZA, 70-350 Chappel, addressed Council indi- cating an inaccuracy in Staff's report in that he and his wife owned a 20 acre parcel, not a 99.38 acre parcel. He did, however, state their favor of the proposed annexation and rezoning. Mayor Wilson invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Upon motion by Snyder, second by Newbrander, Ordinance No. 267 was unanimously passed to second reading. C. REQUEST FOR APPROVAL OF PER PARCEL ASSESSMENTS ON PROPERTY OWNERS FOR ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Bouman stated that this was a process in which property owners have been notified of a public nuisance on their property, either a fire hazard or a trash nuisance. The owner is given the opportunity to abate the nuisance himself, and if, after a certain period of time, he has not done that, the City hires a contractor to do the work. These charges are then billed to the individual property owners through the lien process. Council is being asked to approve the per parcel assessments on the property owners at this time. Mayor Wilson invited input relative to the assessments. MR. JAMES GREEN, 74-178 Avenue 44, Palm Desert, addressed Council relative to a parcel that he owned on San Juan Drive. He stated that trash had been left by a contractor, Massey Sand and Rock Co., during a construction job they were completing for the City. He did not feel it was his responsibility to abate the nuisance. MR. ALEX GOMACH, 7316 Castle Heights, Los Angeles, addressed Council in opposition to the assessment on Parcel No. 627-101- 002. He felt the assessment of $412 was excessive. Mayor Wilson, at this time, asked Mr. Allen, Code Enforcement Supervisor, to clarify both inquiries. Mr. Allen stated that on Mr. McCabe's lot (addressed to by July 9, 1981 Page 5 MINUTES REGULAR CITY COUNCIL MEETING if .: .. * i*: .. .. .. .• if .. * :: .. :: :f .. :: .. :C .. :: .• * :C .. VIII. PUBLIC HEARINGS (Continued) C. PER PARCEL ASSESSMENTS (Continued) Mr. Gomach), the contractor had expended 8 hours for a tractor at $35/hr, 4 hours with a dump truck at $30/hr, two trips to the dump at $12/ea. plus administrative fees which produced a total of $412. Deputy City Attorney Jeff Patterson advised that relative to the gentleman who spoke about trash being left by Massey Sand and Rock Company, this was not an issued that the City could enter into. It was, however, an item that the property owner could settle through the small claims court procedure. He emphasized that the dispute was between the property owner and the contractor. With no further input offered, Mayor Wilson declared the Public Hearing closed. Upon motion by Newbrander and second by McPherson, Resolution No. 81-102 was unanimously adopted. Councilman McPherson noted that this was an annual clean-up program and that there was no question that the property owner could accomplish the work cheaper than the City could. Our only problem is in getting the property owner to do it. IX. RESOLUTIONS None X. ORDINANCES For Introduction: None For Adoption; None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AN AGREEMENT Between the City of Palm Desert and Martin J. Bouman for Professional Services as City Manager Mr. Bouman stated that this Agreement was suggested by the City Council over 4 years ago and just had not been done. It is a formality that the City should follow, and it does nothing more than cover the appropriate sections of the Municipal Code dealing with the hiring and possible termination of the City Manager. The only additional area covered would be in the situation where the City Manager were to either resign or be terminated, he would be allowed the option, at his own discretion, of discussing with the Council his remaining in his original position as Executive Director of the Redevelopment Agency. Upon motion by McPherson, second by Newbrander, Resolution No. 81-103 was unanimously adopted. B. REQUEST FOR APPROVAL OF REQUEST FOR VARIANCE TO FLOOD DAMAGE PREVENTION ORDINANCE. Mr. McClellan explained that this request was to grant a variance in an AO flood zone on property located at the July 9, 1981 Page 6 MINUTES REGULAR CITY COUNCIL 'ETING i i XII. NEW BUSINESS (Continued) B. REQUEST FOR VARIANCE (Continued) northeast corner of Juniper and Burroweed Streets in the City. He indicated that these streets were pretty much developed with houses at street grade. Building this new home in accordance with the flood ordinance would make it incompatible with the existing homes on the street. He recommended approval of Resolution No. 81-104. Upon motion by Snyder and second by Newbrander, Resolution No. 81-104 was adopted on a 3-0-2 vote. The record notes that Councilman McPherson had left the room and Councilman Puluqi was absent from the meeting. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR APPROVAL OF ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 81-3 (TRACT NOS. 12181-1 & 12181-2). Mr. McClellan noted that the purpose of this district was to operate street lights and to maintain landscaping, both of which would be installed by the developer. However, the ongoing costs would be the responsibility of the individual property owners. He noted that the proposed resolution would approve an engineer's report as filed, and would also set a public hearing to be held on July 23rd, at which time the residents would be allowed an opportunity to express wither favor or opposition to the proposed assessments. Upon motion by Newbrander and second by Snyder, Resolution No. 81-105 was unanimously adopted. The record notes that Councilman McPherson had returned to the meeting at this time. B. REQUEST FOR AUTHORIZATION TO APPROPRIATE ADDITIONAL MONIES FOR REVISIONS TO TRAFFIC SIGNALS AT MONTEREY AVENUE AND COUNTRY CLUB DRIVE. Mr. McClellan noted that a contract for the installation of traffic signals on Monterey Avenue at Gran Via and at Monterey Avenue at Country Club Drive had been awarded by the City Council last winter to Smith Electric. However, subsequent to that contract approval, the developer to the north of Country Club Drive had extended Monterey Avenue, thus neces- sitating a 4-way signal. He noted that the cost of the redesign had been $1,727. Resolution No. 81-102 would appropriate this money from the Traffic Signal Fund for the additional engineering fees. Upon motion by McPherson and second by Snyder, Resolution No. 81-106 was unanimously adopted. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None July 9, 1981 Page 7 MINUTES REGULAR CITY COUNCIL MEETING c i* :C ��C i�: J� V C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson noted that the Council had discussed in Study Session the need to inform the public about activities that the City was undertaking in the Redevelopment Agency and has come to the consensus that it would be beneficial to put out a newsletter explaining these and other projects. This explanation would outline to individual residents exactly how these projects will affect the, what costs they might incur, if any, etc. Upon motion by Wilson and Second by Sndyer, the City Manager was directed to work with the appropriate people in getting out the first of an on -going newsletter. Motion carried by unanimous vote. Councilman Newbrander stated that it was very important that the people know about projects going on in the City in detail. She emphasized the importance of getting the word out about the Redevelopment Flood Project inasmuch as most people do not know that the project, as proposed, will not cost them anyting. XVIII. ADJOURNMENT Upon motion by McPherson and second by Snyder, and unanimous vote, Mayor Wilson adjourned the meeting at 8:30 p.m. ATTEST: SHEILA R. GILLIGAN, CITY OF PALM DESERT, ITY/ CLERK IFORNIA MINUTES REGULAR CITY COUNCIL .ETING .. .. i. i. V .. •. - J` i': is is V i. .. is iC ,. * is .. n * * it: * EXHIBIT "A" ea do dv da do .-i Ln M .6 0 co r 1 0 1 I` c r1. �p co r-1 Ol 00 .--{ ri N H P Q ca. W to U MI 0 0 .0 p< Q O 0 x0cn b•r1 rein .0 Z: . —v '0 roroai road 3 &- ro C u) E ro u) -.-i u) A cn a' �' ~ ( •,.I O •'-I U-, cn ••-I 0 •,-I O i•d 0 •,..4 $-1 4-1 o In u-4 —I cn . cn 0. Cr) 0 ro A ro 4-) MS ro roo aro ro0 v 'a E P...L3 ' a) .Q 2s 01 '0 U Z 0 A 0 = 0 '0 0 C 0 0 .--Ic4 l ro x '0 c rx •.•I cx U a) � 44 co c ro re • r0� a+0 c - tro c a+'0 tPv 5 :J in ro a) ro aT (Es ro as sT O • U cro3 c•r1•o cU • cro >`, 0 0 aa) 0 v U 0.C w r-I uba) uroE u$I'L3 u0 .5-2 ,--I EL: 'a A Ct., C.) IA. I4 MI C�. a '� 3^ Q.)ro.x (I) 'CI aa)) a� 0 � a) C •per - 4 73 0 U 'CS re 'n )-, to OD cn N •,.I 4 0 •.-I roc • •r-I 0 v •--I 0 `e) -••.1 a) cn ,- I cn ,--I a) r0 c) 4-) 0+ cn C 4 F � .� Q) .0 >4 0 .Z >. � .Z • 'a 0 34 -- O. I c 0) � 0 ,- a 4 CD 4 a) N o cn >404 3.4v4.4 >4c0 34c a, • • b' Z Z ?, —IelZ E 4.1 Z a, •+-) •4_,rl N d e) ' I a) E • a) C ro 4-+ C.) a) 0 o U '� •,� 4) a) .x 40 >, 4 0 3 C 444 .0 u) C u 3- 4J cn a, a) 4-) E .J 4 .0 � 'v 0 a c,�. MI rox C 0 :rnu c „ Is cr. a a) '0 3 a) Ts -'-I C1, a) 'o IT v ro co >I O MI a) tr)•�t ro a) a) ro a) 0 ro MS •r1 .0 ro o a) a •• 1 C a) a 4-1 ,C WO'-4 a) 0 ea 44 u 3N 4U1 - 1-4004- CO(aac 6 H N P'1 'a' Lr) July 9, 1981 Page 9 MINUTES REGULAR CITY COUNCIL MEETING * * * * :f * .• .. * is .. * iC .. :f :: :f .. iC .. i. :: i. TO: PALM DESERT BOARD OF REALTORS P.O. Box 64 Palm Desert, CA 92260 NORTH SIDE - FROgrAGE ROAD SURVEY EXHIBIT "A" FRAM: By: (Business Name) (Signature) (Address) (Telephone Number) The City of Palm Desert is contemplating additional expenditures in the Frontage Road and Highway 111 areP s . Minor modification of the South Side Frontage Roads are currently under way. To assist the Palm Desert Board of Realtors in obtaining valid information to give the City direction on the type of work that still needs to be done on the North Side, we would appreciate your listing the following construction possibilities from first priority (1) to last priority (5) . Your numbering same will indicate your preference so that priorities can be established.' The reason priorities are needed is to assist the City in deterring how its limited funds should be spent. . JOB PRIORITIES- Number from 1(highest priority) to 5 (lowest priority). Change the North Side Frontage Road to a two-way street. (This will cost $100,000 and lose 200 parking spaces.) Leave the North Side Frontage Road as is, except, spend some money to add an off -ramp from the highway in the block between San Pablo and San Lnis Frey. Leave the North Side Frontage Road as is and spend the money for landscaping and beautification of Highway 111 center median and' both sides of the Frontage Road. Leave the North Side Frontage Road as is and spend the money to correct drainage problems along the frontage roads. Leave the North Side Frontage Road as is with no landscaping and no change. Other' (P1e e Comment) (PLEASE return this questionnaire immediately in the enclosed envelope) July 9, 1981 Page 10