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HomeMy WebLinkAbout1975-09-11MINUTES CITY COUNCIL MEETING SEPTEMBER 11, 1975 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:00 p.m. on September 11, 1975, by Mayor Henry B. Clark at the Palm Desert City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilwoman JEAN BENSON, Councilman NOEL BRUSH, Councilman JIM McPHERSON, and Mayor HENRY CLARK. Absent: Councilman CHUCK ASTON Others Present: Harvey L. Hurlburt, City Manager Paul Williams, Dir. of Environmental Services Dave Erwin, City Attorney V. APPROVAL OF MINUTES Councilwoman Benson moved and Councilman McPherson seconded that the minutes of the August 28, 1975, meeting be approved as pre- sented; carried unanimously. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VII. CONSENT CALENDAR None VIII. PUBLIC HEARING A. CASE NO. R.C. 1083, MISSION BELLE HOMES: A HEARING FOR THE PURPOSE OF SHOWING CAUSE AS TO WHY ANY OCCUPANCY PERMIT SHOULD BE GRANTED TO ANY OF THE 19 LOTS KNOWN AS MISSION BELLE HOMES UNTIL ALL REQUIREMENTS ARE MET FOR EVERY LOT IN A MANNER ACCEPTABLE TO THE CITY. Mayor Clark declared the Public Hearing open. Mr. Paul Williams reported that Staff had met with representatives of Mission Belle Homes on September 8, 1975, to work out a solution for the completion of these 19 homes. It was proposed that 3 homes be completed and at the same time, the remaining homes be kept in a good state or repair. As each home is sold, a new permit will be taken out for completion of another home, and this permit must be issued before the City will issue an occupancy permit for the home sold. Page 1 September 11, 1975 Mr. Williams also indicated that the following special conditions had been imposed on the project: 1. Occupancy for a completed unit will be contingent upon the issuance of a new building permit and work begun on another unit (as stated above). 2. The design and material of fencing will be approved by the Director of Environmental Services. 3. Fencing and landscaping shall be installed in each unit before final occupancy is granted. 4. All uncompleted homes are to be kept in a state of repair acceptable to the Director of Environ- mental Services at all times. If at any time the remaining homes are not maintained in an acceptable manner, no further occupancy permits will be issued. Mr. Williams stated that it was Staff's recommendation to accept this proposal with the imposed conditions. MR. STAN CLARK, Co -Owner of Pacifica Western, addressed Council advising that all of the con- ditions outlined by Mr. Williams were -acceptable to his organization. He indicated that no one was probably more anxious than he to complete these homes and assured that completion would be accom- plished as rapidly as possible. Councilwoman Benson inquired as to what the selling price of the homes would be. Mr. Stan Clark advised that they will sell for $35,000, plus or minus $1,000 depending on the amenities and the lot of the home. MRS. VAL LITCHFIELD, 43-155 Portola Ave., Palm Desert, President of Concerned Citizens, addressed the Council with the following questions: 1. Based on the selling price of these homes, what is the estimated length of time involved for completion and sale of all 19 of them? 2. How is the blow sand problem in the Palm Dell Estates area going to be corrected? Mr. Clark answered that he could only give an esti- mation on the length of time involved to complete and sell the homes. Sales have picked up in this area, so the picture looks brighter. An agreement with Wells Fargo Bank for the completion of 3 unit in September, 2 units in October, 2 units in November, 3 units in December, 3 units in January, 3 units in February, and the last 3 units in March has been signed. An agreement for the sale of these units in the month following the agreed completion month has also been signed. Mr. Clark stated that he was aware of the problem of the blow sand but felt that this problem had existed before their construction began in that the lots were then empty. He said that this problem hindered him as much as it annoyed the surrounding neighbors and that he would do every- thing possible to control it. Mayor Clark at this point indicated that even though the lots had been vacant prior to construc- tion, they probably were less likely to blow sand through the area prior to construction as they had an unscratched surface. Page 2 September 11, 1975 MR. ED SHEA, 72-870 Mimosa Drive, Palm Desert, addressed Council to express his lack of confi- dence in the developer's word. He felt that he had made numerous promises in the past and had not lived up to them. He indicated that they should not be allowed to proceed with them one at a time. He also stated that Council had a responsibility to listen to the people living here in town before the developers who come in. MRS. VAL LITCHFIELD again addressed Council asking whether or not a real estate agent had been selected to sell the homes. MR. STAN CLARK responded that they were currently using Silvertree Realty in Palm Springs for the projects there, but that Eve Owenby's office was being considered also. MS. LOUISE ALLEN, Palm Dell Estates, addressed Council indicating that she owned 2 homes as well as 5 lots in Palm Dell Estates. She has built 4 homes there, the last being sold for $45,000. She indicated that she had gone to Pacifica Western before they started construction urging them to build a better quality home -- without success. She now stated that she would be behind them 100% if they finally start doing what they promise to do. The area has suffered for one year, she felt, and they should suffer no longer. Mayor Clark declared the Public Hearing closed. Councilwoman Benson indicated that she had not been in favor of this project from the beginning and that due to the developer's past performance in keeping his promises and the difficulty we experienced in getting them to clean their lots, a stronger condi- tion or even a bond should be required of them. Council requested the representative from Wells Fargo Bank, MR. JOHN FAYE, respond to the question of what they are requiring of the developer. Mr. Faye indicated that the same restrictions imposed by the City had been incorporated into their agreement with the developer as well as the com- pletion and sales deadlines specified by Mr. Clark. He further indicated that Wells Fargo had extended the $14,000 required by Coachella Valley Water District for sewer hookup and stressed that Wells Fargo, even though they had projects of greater magnitude than this one, was anxious to expedite its completion. He left a copy of the signed agreement between Pacifica Western and Wells Fargo Bank for review by Council and Staff. Mayor Clark pointed out at this time for the benefit of the other residents of Palm Dell Estates that Pacifica Western was obligated to hookup to the sewer line because these were new homes. However, even though a sewer line passes down the street of existing homes, there was no requirement being made for these home owners to hookup to the sewer. Councilman Brush further pointed out that under VA and FHA loan regulations, however, that in order to sell an existing home not on sewer hookup, connection to the sewer line would then become a requirement. Page 3 September 11, 1975 Councilman Brush moved and Councilman McPherson seconded that building be permitted to continue subject to the conditions set forth by the City's Staff as well as the completion and sales condi- tions imposed by Wells Fargo Bank; carried unanimously. B. CASE NO. VARIANCE 05-75L IRIS CARMEL: A HEARING FOR THE PURPOSE OF CONSIDERATION OF A REQUEST FOR A VARIANCE FROM SECTION 18.12 OF THE ZONING ORDINANCE WHICH WOULD PERMIT THE APPLICANT TO OPERATE A RESTAURANT WITH 45 PARKING SPACES RATHER THAN THE REQUIRED NUMBER OF 104 SPACES. Mayor Clark advised that a letter had been received from Mr. Carmel withdrawing his request for this variance in that he is considering a different location for this business. IX. RESOLUTIONS A. RESOLUTION NO. 75-70 - APPROVING AN OPERATING BUDGET FOR THE PERIOD OF JULY 1, 1975, THRU JUNE 30, 1976. Mayor Clark stated that many meetings had been held to evaluate this budget. He stated also that it was a very sophisticated document and very well prepared. Any individual wishing to examine it can do so at the public library or at City Hall. Mr. Hurlburt elaborated on some of the major parts of the budget indicating that it included $1,632,972 in total revenue of all funds and $1,471,749 in total expenditures. He further stated that the City was in a very good financial position. Councilman McPherson moved and Councilman Brush seconded the adoption of Resolution No. 75-70, approving an operating budget incuding the hiring of a half-time clerk typist in October but subject to the condition that "any City Staff action to implement the portion of the budget relative to employment of a City Engineer will be held in abeyance subject to Council approval after Council review of a detailed Staff evaluation of benefits and expenses related to the addition of the subject position"; carried unanimously. B. RESOLUTION NO. 75-72 - ESTABLISHING A TABLE OF CLASSIFIED POSITIONS AND SALARY SCHEDULES FOR SAID CITY. Mr. Hurlburt stated that this had been reviewed by Council in several Study Sessions. He further requested that a second item be added to the resolution whereby the salary table would be increased by to to offset inequities which had developed during the past month. Councilman McPherson moved and Councilman Brush seconded the adoption of Resolution No. 75-72 as amended; carried unanimously. C. RESOLUTION NO. 75-85 - AGREEING TO PARTICIPATE IN THE CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER AND MUTUAL AID AGREEMENT. Mr. Hurlburt reported that by participating in this type of a program, in the event of some type of disas- ter, there are services available to a community from the State, the County, and other participating cities. These services would be free if they came under a mutual aid agreement. In our case, we do not have many services, if any, to offer other cities, so we can only be in a receiving position. • Page 4 September 11, 1975 Councilwoman Benson moved and Councilman McPherson seconded the adoption of Resolution No. 75-85; carried unanimously. D. RESOLUTION NO. 75-84 - APPROVING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Mr. Hurlburt elaborated on some of the major expen- ditures listed in Demands #8-3, #8-4, and #8-5. Councilwoman Benson requested that since the pay- ment to Robert Joehnck, Attorney for the Redevelop- ment Agency was reimburseable to the City by the Agency, it should be so indicated on the demand. Mr. Hurlburt stated that this will be done in the future. Councilman Brush moved and Councilwoman Benson seconded the adoption of Resolution No. 75-84; carried unanimously. E. RESOLUTION NO. 75-86 - CONFIRMING TO THE COACHELLA VALLEY WATER DISTRICT THAT PROPOSED PUBLIC WORKS FOR FY 1975-76 ARE IN CONFORMANCE WITH THE PALM DESERT GENERAL PLAN. Mr. Williams reported that the Planning Commission had reviewed this and found it in compliance with the General Plan. Councilwoman Benson moved and Councilman McPherson seconded the adoption of Resolution No. 75-86; carried unanimously. F. RESOLUTION NO. 75-87 - REQUESTING GOVERNOR BROWN AND THE STATE LEGISLATURE OF THE STATE OF CALIFORNIA TO SUPPORT A GAX TAX INCREASE OF AT LEAST PER GALLON IN ORDER TO QUALIFY FOR FEDERAL FUNDING TO ALLOW A MINIMUM HIGHWAY CONSTRUCTION PROGRAM. Mr. Hurlburt reported that due to the lack of impact on our area and the need for economy at the State level, it was Staff's recommendation to table this resolution. Councilman Brush moved and Councilman McPherson seconded that Resolution No. 75-86 be tabled with no further action required at this time; carried unanimously. X. ORDINANCES For Adoption: A. ORDINANCE NO. 81 - AMENDING THE ORDINANCE CODE TO REESTABLISH A DESIGN REVIEW PROCESS AND BOARD, REPEALING ORDINANCE NO. 72, AND REPEALING SECTION 18.30 OF THE ZONING ORDINANCE. Dave Erwin stated that he had previously failed to advise that this ordinance required a public hearing and should be removed from the agenda until the meeting of September 25, 1975. Councilman Brush moved and Councilman McPherson seconded that Ordinance No. 81 be removed from the agenda until September 25, 1975; carried unanimously. XI. CONSENT ITEMS HELD OVER None XII. CONTINUING BUSINESS A. SILVER SPUR ELECTRICAL SUBSTATION Mr. Williams reported that a meeting had been held with the homeowners of Silver Spur, representatives of Southern California Edison, and members of the City Staff as well as Council members to work out a solution to this problem. S.C. Edison had proposed Page 5 September 11, 1975 a 10' accoustical wall around the easterly boundary of the project to bring the project into conformance with the normal level of sound readings. Staff had found no violation by S.C. Edison of the CC & R's, but in answer to a question raised by the homeowners, the substation does service a larger area than Silver Spur. Staff feels that S.C.E. has been very coopera- tive in resolving this problem. They plan to take out a permit for the wall during the next week. MRS. SAM EWING, Buckboard Trail, Silver Spur, addressed Council asking whether the proposed wall of 10' high by 85' long would be adequate in that the actual length of the property was 105' long. Mr. Williams explained that all of the equipment would be enclosed that was causing the problem and that even in the event that this did not resolve the problem, S.C.E. had promised to correct it and would continue further if necessary. XIII. NEW BUSINESS A. LETTER FROM SUPERVISOR A. NORTON YOUNGLOVE REQUESTING THE PALM DESERT CITY COUNCIL SUPPORT AN EFFORT TO OBTAIN PASSAGE OF FEDERAL LEGISLATION REGARDING THE CETA PROGRAM. Mr. Hurlburt advised that this request was for support of a more effective manpower legislation and an increase in the funding to all areas in our two counties. He further indicated that he had reviewed it with other cities and that all had recommended agreement with it. After considerable Council discussion, it was decided to table this matter for further review at the next Study Session meeting B. CASE NO. CUP 1357 - ENVIRONMENTAL DEVELOPMENT CO. Request for a 12-month extension on the Conditional Use Permit covering the final 209 units for the Mountainback Project on the west side of Highway 74, between Homestead and Portola (Carriage Trail). Mr. Williams reported that the Planning Commission had conducted a public hearing on this matter and recommended that this CUP be extended for the requested length of time. Councilwoman Benson questioned whether or not Council was setting a precedence by so regularly approving so many of these extensions. She asked whether or not it might result in problems at a later date. After further discussion it was decided that Council should direct the Planning Commission to exercise caution in extending these permits in the future. It was also decided that this should be a topic for discussion at the Joint Meeting scheduled for September 22nd. Councilman McPherson moved and Councilman Brush seconded to uphold the findings of the Planning Commission and approve the 12-month extension by adopting Resolution No. 75-88; carried unani- mously. C. CASE NO. TRACT 4442 - ENVIRONMENTAL DEVELOPMENT CO. Request for a 12-month extension in which to file the Final Map on the final phase of 209 units of the Mountainback Project on the west side of Highway 74 between Homestead and Portola (Carriage Trail). Page 6 September 11, 1975 Mr. Williams stated that this was an extension for 209 units which are in the process of being completed. The Planning Commission had found it to be in con- formance and had approved it subject to specified conditions. Staff's recommendation was to uphold the findings of the Planning Commission. Councilman McPherson moved and Councilman Brush seconded to approve the 12-month extension by Resolution No. 75-89; carried unanimously. D. CASE NO. VARIANCE 04-75 - TERRY HILL: Since this variance required the convening of the Redevelopment Agency, Mr. Hurlburt recommended that it be held over to the end of the meeting. Council agreed to hold it over. C. CASE NO. T.T. 4489 - MORGAN-MITSUBISHI: Request for approval of Final Map and acceptance of improvement bonds. Mr. Williams reported that the Planning Commission had reviewed and approved this project and that all bonds and agreements had been properly submitted. This project was formerly known as Eagle Development and this is the second phase of the tract. Staff's recommendation was to approve the request as pre- sented in Resolution No. 75-90. Councilman McPherson moved and Councilman Brush seconded that approval of Final Map for Tract 4489 be given by adoption of Resolution No. 75-90; carried unanimously. D. Councilman Brush advised that a letter had been received from Mrs. Velma Solis requesting permission to conduct a sidewalk sale September 18th from 4:00 p.m. to 8:00 p.m. The store owners had planned this sale and had already advertised it without realizing that it was not in accordance with City ordinances. In order for the City Staff to permit this sale, Council would have to adopt Resolution No. 75-93. Councilman Brush pointed out that this was not normally acceptable; however, due to the extenuating circumstances involved, he thought it might be wise to grant permission for this time. MRS. VELMA SOLIS addressed Council expressing her sincere apologies and indicating that she had been responsible for organizing this activity. She further stressed her lack of knowledge of the City ordinance until the afternoon prior to the Council meeting. Councilman Brush moved and Councilman McPherson seconded that approval be given for this sidewalk sale on a one-time basis only by Resolution No. 75-93; carried unanimously. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS None Page 7 September 11, 1975 XVI. REPORTS AND REMARKS A. City Manager 1. MARKET BASKET Mr. Hurlburt reported that on September 4th, the Staff had met with representatives of Market Basket and completed the specifications for final improvements on the portion of Market Basket facing El Paseo. Considerable time was spent walking over the site and there were several suggested additions including 600 feet of masonry wall; approximately 200 lineal feet of masonry pilasters with wood screen inserts and five additional planter boxes. Also proposed was an additional land8cape strip in the center of the rear parking lot to help screen the rear of the shops to the east of Market Basket. At this time, the applicant is proceeding with the construction of the masonry walls and the resealing and restriping of the parking lot. He is also obtaining bids for completion of the landscaping. Staff feels that completion of the above is an acceptable solution to the problems with this project. Estimated completion date is November 13, 1975. Councilwoman Benson inquired as to whether or not the cash deposit had been received from Market Basket. Mr. Williams reported that it had not but that he would notify the Market Basket people that it must be submitted. 2. COMMUNITY PARK VANDALISM Mr. Hurlburt reported that representatives from the School District had met with the City Staff regarding the watering system at the Community Park. Due to vandalism, it has been necessary to seek protective measures to reduce the damage done to the watering system. Dick Webb's Company had bid $195 for the necessary equipment. The school had also indicated that the problems involving the watering system had caused their pump to go out which had been very costly to them. They are willing to assume the responsibility for the system but must have complete control and security. Councilman Brush moved and Councilman McPherson seconded to approve the expenditure of $195 for the equipment necessary to reduce potential vandalism at the park; carried unanimously. 3. COMMUNITY PARK ROAD Mr. Hurlburt introduced Resolution No. 75-92, Accepting the Dedication of the South Half of Magnesia Falls Road from Portola to the Easterly Boundary of the Community Park, Which Was Offered by the Desert Sands Unified School District. He further reported that we have received verbal approval for the road into the park, the parking lots, and bubbler system for watering the trees. We can expect written Page 8 September 11, 1975 approval during the next week. Accepting the dedication of this land will allow us to proceed with this project. Councilman McPherson moved and Councilman Brush seconded the adoption of Resolution No. 75-92; carried unanimously. B. City Attorney Dave Erwin advised that he had a matter relative to pending litigation to be discussed during an Executive Session immediately following the meeting. C. Mayor and City Council. 1. Councilman Brush asked about the progress on the sidewalk/bicycle path along Portola to the schools. Mr. Hurlburt indicated that our request had been given a very low priority at the Advisory Committee meeting. Mr. Doug Powell, the representative with whom Mr. Williams had been talking, had been on vacation and had not attended the meeting. We will have to appeal our case to S.C.A.G. in Los Angeles. If we do not get this funding by appealing the case, we will have to use our own Gas Tax Funds to complete this project. 2. Councilman Brush asked why the restriping of roads, particularly in the areas by the three schools in the City, had not been completed since the overlay had been put on the roads. Mr. Williams indicated that this should have been completed by now and that he would check with the Road Department to make sure that it is done in the very near future. 3. Councilman Brush inquired as to the status of a question he had raised at the August 28th meeting regarding votes required to pass ordi- nances and resolutions. Dave Erwin advised that a response is forthcoming in memorandum form and that it will be ready prior to the next Council meeting. 4. Councilwoman Benson requested the City Attorney to provide a model ordinance outlining the duties of a mayor, how they are appointed, who they represent, what terms they serve, etc. Dave Erwin indicated that he would provide this by the next Council meeting. Councilman Brush moved and Councilman McPherson seconded to adjourn the City Council meeting and convene the Redevelopment Agency meeting at 9:30 p.m.; carried unanimously. (I) Chairman Clark called the meeting of the Redevelopment Agency to order at 9:30 p.m. (II) Members Present: Members Absent: Page 9 Jean Benson Noel Brush Jim McPherson Chairman Henry Clark Chuck Aston Others Present: Harvey L. Hurlburt, Executive Director Dave Erwin, City Attorney Paul Williams, Dir. of Environmental Services September 11, 1975 (III) NEW BUSINESS A. CASE NO. VARIANCE 04-75 - TERRY HILL: Request by Applicant that the Redevelopment Agency Purchase a Portion of Lot 7 at Fair Market Value. Mr. Hurlburt advised that bids had been received from two real estate appraisers to determine the fair market value for a portion of Lot #7 to pro- vide an access between Portola and San Luis Rey. Member Benson moved and Member McPherson seconded to approve the expenditure of $250, not to exceed $300, to obtain the appraisal of a portion of Lot #7, carried unanimously. Member Brush moved and Member McPherson seconded to authorize the City Manager to select and appoint an appraiser to make the appraisal of this property; carried unanimously. B. REDEVELOPMENT AGENCY RESOLUTION NO. 13 Mr. Hurlburt advised that this resolution made it possible for the Redevelopment Agency to meet on the second and fourth Thursday of each month at 7:00 p.m. In the event that the City Council of the City of Palm Desert is conducting its normal Council meeting, the Agency meeting shall start at a time as close to 7:00 p.m. as possible without affecting the City Council meeting procedures and after completion of business by the City Council as required prior to the action on the same matters by the Redevelopment Agency. Mr. Hurlburt indicated that this procedure was necessary in that it allows more flexibility for the Redevelopment Agency meetings. Member McPherson moved and Member Brush seconded the adoption of Resolution No. 13; carried unanimously. (IV) Member McPherson moved and Member Brush seconded to adjourn the Redevelopment Agency meeting; carried unanimously. The meeting adjourned at 9:35 p.m. MAYOR CLARK RECONVENED THE CITY COUNCIL MEETING AT 9:35 P.M. At the suggestion of City Attorney, Dave Erwin, Council moved to Executive Session to discuss a matter of litigation. At 10:10 P.M., following Executive Session, Councilwoman Benson requested that some attention be given to letters from the Chamber of Commerce relative to promotional funds. Mr. Hurlburt offered to place this matter on the September 25th Study Session agenda. XVII. ADJOURNMENT Councilman McPherson moved and Councilman Brush seconded to adjourn the City Council meeting; carried unanimously. City Council meeting adjournedt 10:20 P.M. HENRY B. C MAYOR ATTEST: d4I.LBUITY MINA R Page 10 September 11, 1975