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HomeMy WebLinkAbout1977-04-28MINUTES CITY COUNCIL MEETING THURSDAY, APRIL 28, 1977 7:00 P.M. CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:10 p.m. in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Brush Councilman McPherson Councilman Newbrander Mayor Mullins Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services Hunter T. Cook, City Engineer David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RESOLUTION OF APPRECIATION to William R. Seidler for His Outstanding Contributions To His Community. Mayor Mullins read the resolution commending Mr. Seidler. Mr. Seidler was present to accept the award and thanked everyone for the tribute. B. RESOLUTION Declaring the Week of May 9-14, 1977, Volunteer Fire Fighter Week in Palm Desert. Mayor Mullins read the resolution which not only set aside the week of May 9th as Volunteer Fire Fighter Week, but also commended the local fire fighting agency for the excellent job. Joe Schneider, Chief of the Volunteer Fire Department of Palm Desert accepted the resolution and extended apprecia- tion to the Council. C. APPOINTMENT of Councilman Noel J. Brush as Palm Desert's Representative to the Executive Committee of the Coachella Valley Association of Governments. Mayor Mullins pointed out that Councilman Brush had been very active in C-VAG for the past several years and that the City was very fortunate to be able to appoint him as our representative to the Executive Committee in that his knowledge and background would allow him to serve us very well. April 28, 1977 Page 1 D. APPOINTMENT of Mayor Pro-Tempore Jim McPherson as Palm Desert's Representative to Serve on the SUNLINE Transit Agency Board of Directors. Mayor Mullins stated that Mayor Pro-Tempore Jim McPherson had been extremely interested in the public transportation project since inception and he would make an excellent representative to the Board as well as make an excellent contribution. E. APPOINTMENT of Councilman to Fill Vacancy Created by Resig- nation of William R. Seidler. Mayor Mullins stated that several names of well -qualified people had been submitted to the Council for review for possible appointment to the Council to fill the vacancy. He continued that it was heartening to know that there are so many people willing to serve their community and that Council was grateful for the people willing to step forward. Unfortunately, only one vacancy exists; however, there are many jobs on many City committees, and most of the people who have stepped forward have expressed their willingness to serve in any of these capacities. Mayor Mullins opened the floor for nominations. Councilman Brush nominated Dr. Roy the City Council. He indicated that from he was the one candidate who was probably our community in that he has been serving most recently as Chairman of the Planning seconded the motion. Wilson to fill the vacancy of the list of names offered, the most likely to best serve in the past in other capacities, Commission. Councilman McPherson. Councilman Newbrander added that Dr. Wilson was extremely well qualified, he has shown he is perfectly willing to devote his time to the City, and he is familiar with what has been going on for the past several years. He would be a very valuable Councilman. With no other nominations offered, Mayor Mullins asked for the vote; motion carried unanimously. VI. Mayor Mullins pointed out that this presented the problem of filling Dr. Wilson's position on the Planning Commission. Councilman Brush pointed out that there was one other vacancy on the Planning Commission created by the resignation of Mr. Nelson Mills. However, Councilman Brush stated that he felt it would be a good idea to give Dr. Wilson an opportunity to review the list of applicants for the Planning Commission and help make the appointments. The rest of the Council agreed. Mayor Mullins asked anyone wishing to serve or knowing anyone qualified and willing to serve on the Commission to contact any member of the Council. CONSENT CALENDAR A. MINUTES of the April 14, 1977, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 77-101. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MARCH, 1977. Rec: Approve as presented. April 28, 1977 Page 2 D. RESOLUTION OF THE SAN FRANCISCO BOARD OF SUPERVISORS Con- cerning the Determinate Sentencing Act of 1976 and Expressing Opposition. Rec: Receive and file. E. RATIFICATION of a Future Improvement Agreement for Joseph Andrew and Nancy Kathryn Blinn Signed by Mayor Edward D. Mullins April 18, 1977. Rec: Approve as presented. F. LETTER from Mrs. D. G. Dresselhouse, 73-505 Ironwood Street, Palm Desert, California, Relative to the Coachella Valley County Water District and the Palm Desert Sewer Installation. Rec: Refer to the City Manager for response. G. REQUEST for Approval of Future Improvement Agreements for the Following Property Owners: Fred L./Thelma J. Bailey Lot 4, Block J, Palm Desert Tract Bob D. & Dannie L. Brown Lot 5, Palm Desert Unit 8 72-889 Grapevine Street Barry Freed Lot 34, Palm Desert Unit 8 72-175 Somera Road Elwin & Eve Kirtley Lot 35, Palms to Pines Estate No. 7 72-615 Bel Air Road Rec: Adopt a motion authorizing the Mayor to execute the Future Improvement Agreements on behalf of the City. Councilman Newbrander moved and Councilman McPherson seconded to approve the Consent Calendard as presented. Motion carried unani- mously. VII PUBLIC HEARINGS A. CASE NO. C/Z 02-77, R. D. FULLER and T. M. HILL, APPLICANTS: Request for a Change of Zone from R-3(4) to C-1 on a 1.4 Acre Parcel Generally Located South of El Paseo and East of Ocotillo Drive. Mayor Mullins declared the Public Hearing open. Mr. Williams reported that the Council, sitting as the Redevelopment Agency, had recently reviewed this matter and approved a Redevelopment Plan amendment as a result The property involved is 1.9 acres located at El Paseo and Ocotillo and is currently zoned R-3(4). The appli- cant in applying for the change in designation listed 4 major criticisms of the existing zoning. First, the intent of the Redevelopment Plan was to eliminate blight, parking, and drainage problems. Second, they claim the R-3(4) designation is inconsistent with other actions taken by the City Council when they zoned some R-3 property on Larrea to C-1. Third, preservation of the commercial image of El Paseo is vital to the City's long-range interests and those of the other merchants on El Paseo. Fourth, retention of the R-3(4) zone would cause the April 28, 1977 Page 3 applicants to suffer a significant financial hardship. Staff found that the changed zoning did conform to the adopted General Plan. The proposed change of zone would conform to existing and proposed development in the area, and the proposed project would ensure the protection of the public health, safety, and general welfare. Staff's recommendation was that the City Council approve the request for a Change of Zone and waive further reading and pass Ordinance No. 159 to second reading. Mayor Mullins asked for discussion in favor of the project; none was offered. Mayor Mullins asked for discussion in opposition to the project, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved to approve the request for a Change of Zone and waive further reading and pass Ordinance No. 159 to second reading. Councilman Newbrander seconded the motion; carried unanimously. B. CASE NO. TT 9377, BIDDLE DEVELOPMENT, INC. FOR M & T, INC. Request for Approval of Tentative Tract Map No. 9377 for a 191 Unit Condominium Project Located West of Highway 74 and Desert Flower Drive. Mayor Mullins declared the Public Hearing open. Mr. Williams reported that 193 units were involved rather than 191; this error occured due to a discrepancy in the Development Plan application indicating a request for 191 units. The project is located on approximately 33.6 acres of land and situated westerly of and adjacent to Highway 74 northerly of Portola (Carriage Trail) Avenue extended, known as Mountainback Development. Staff had found that the proposed tract does substantially comply with the City of Palm Desert Code and the State of California Subdivision Map Act, as amended. The proposed tract does comply with the adopted Palm Desert General Plan. Mountainback presently has 121 developed units, and this is to develop the remaining 363 units. With the total of 193 units, the density would be 5.76 units per acre, well below the maximum density allowed. Mr. Williams pointed out that major concerns of the Planning Commission had been whether or not the utility lines along Highway 74 be undergrounded pursuant to the Subdivision Ordinance and should they include the existing portion of Mountain - back. The Commission recommended that the undergrounding be required. It is estimated that it will cost $90,000 to underground the Highway 74 line adjacent to Tract 9377 and possibly $60,000 more to extend the underground line in front of Tracts 4289 and 4435. During the Commission Hearing, it was discovered that an easement existed through the property and was held by Dr. Bertram. However, Dr. Bertram and the developer were able to work out a mutually suitable agreement as to this ease- ment and this was acceptable to the Commission and included in Condition #17. Mr. Williams stated that a Mr. Beyl of Lake Tahoe had visited him the afternoon of the Council meeting and claimed to have two additional easements across this property. He produced no evidence to substantiate this at the time but indicated that he would provide it. The Council seemed to feel after a short discussion on this that rather than grant a continuance of the case, a minor modification of Condition #17 would correct this problem. Mr. Williams suggested that Council consider a modification of Condition #17 by the addition of "and the Beyl property to replace or conform to existing easements" after the words "shown on Plat YK-14". April 28, 1977 Page 4 Mayor Mullins requested input in favor of the project. MR. SCOTT BIDDLE, President of Biddle Development, Inc. addressed Council stating that his company had reduced the density of the project because of the market density and higher quality in this area. They felt this was more in keeping with the high quality of Palm Desert. He felt the new development would be an even greater contribution to the community than their previous one, and development will commence directly upon approval. Mr. Biddle stated that they had reviewed all of the conditions and were ready to comply with all of them. However, he asked Council to waive the requirement of the underground utilities on Highway 74 in that they were so terribly costly and also would be an off -sight improvement. He noted that the Planning Commission was able to relieve them of the requirement to underground the initial project which had been approved by the County and felt not to be a part of this application. However, they were not able to releive the requirement of undergrounding along Highway 74 due to the Subdivision Ordinance which allows only Council to grant this. To underground a very small segment of a very long line, meaning Highway 74, seemed senseless. Mr. Biddle stated that a title company had researched the property and had found the easement of Dr. Bertram but none of Mr. Beyl. However, should this become valid, he was willing to work it out with Mr. Beyl. Mayor Mullins asked for input in opposition to the project and none was offered. Councilman Newbrander stated that there has been a policy for undergrounding, and we will never get it done if we excuse each developer of each little section. It has to start and continue if it is ever going to get done. Councilman Brush stated that in order for Council to waive the requirement for undergrounding, they would have to find unique circumstances warranting such waiver. Mr. Williams added that if Council were so inclined to waive the under - grounding, they would have to leave it in the resolution and initiate a hearing to grant a variance to determine that unique circumstances did, in fact, exist. With no further input, Mayor Mullins declared the hearing closed. Councilman McPherson stated that he could not think of a case where Council had granted a variance relative to undergrounding and moved to approve the Tentative Map By Resolution No. 77-42, with Con- dition No. 17 amended as recommended by Staff, and subject to com- pliance with all other conditions. Councilman Brush seconded the motion; carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE REFUND OF AN OVERCHARGE OF A WEED ABATEMENT TAX LIEN CHARGE AND AUTHORIZING A BUDGET TRANSFER FOR PAYMENT OF SAID REFUND. Mr. Bouman explained that this was a matter which had been previously reported to Council, but which Council could not take action on until the tax bill had been paid for the nuisance abatement. The individual has proven to our satis- faction that he did not receive our notification and this is merely a refund of $39.60 for the City's administrative fees. April 28, 1977 Page 5 Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-43; carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER F. LETTER from Mrs. D. G. Dresselhouse, 73-505 Ironwood Street, Palm Desert, California, Relative to the Coachella Valley County Water District and the Palm Desert Sewer Installation. Mayor Mullins stated that inasmuch as Mrs. Dresselhouse had not understood the proceedings of the meeting wherein Council had passed by her letter with no discussion, he felt it only fair to let her speak at this time. MRS. DRESSELHOUSE addressed Council asking why residents were being asked to pay back taxes now when they hooked up to the sewers. These back taxes constituted payment for facilities and services that had not been utilized by the new signers, and she felt it terribly unfair, if not illegal, to tax people in this manner. When you apply for electrical or gas hookup, you are not asked to or forced to join assess- ment districts. She addressed many other complaints she had relative to the Water District and stated that she felt it was time we got some help from Assemblyman Suitt and Senator Stull. Mayor Mullins stated that the City was in sympathy with Mrs. Dresselhouse and that we had been trying to get the same answers to the same questions. He assured her that the City is exerting much more pressure now than we could have before incorporation. Councilman McPherson pointed out that the Board for the Coachella Valley County Water District was an elected Board, elected by the citizens of Palm Desert as well as the rest of the Coachella Valley under their jurisdiction. He sug- gested that Mrs. Dresselhouse contact her elected represen- tative, Mr. Jack Frost, for assistance. XII. NEW BUSINESS A. REQUEST for Authorization to Advertise for Bids for Contract No. 1006, Improvement of Catalina Way and Construction of Storm Drain in San Pasqual. Mr. Cook reported that the City had arrived at Step #1. It appears that the estimated cost is in the neighborhood of the funds budgeted - $280,000.00. Construction is expected to begin mid summer or early fall. Councilman Brush stated that this is one of the first things targeted upon incorporation and it was great to see it com- mence. Mayor Mullins added that the City had budgeted for this and recognized its importance. Councilman McPherson moved to approve the plans and specifications for Contract 1006 and authorize the City Clerk to advertise for bids to be opened at 10:00 a.m. on Thursday, May 26, 1977, or at such later time as the City Engineer deems appropriate. Councilman Newbrander seconded the motion; carried unanimously. April 28, 1977 Page 6 B. REQUEST for Approval of Agreement with California Department of Transportation (CALTRANS) for Federal -Aid Urban Project for a Traffic Signal at Highway 111 and Avenue 44. Mr. Cook reported that the design of this project is well under way. We have acquired the right-of-way and with Council's approval of the Caltrans Agreement, we will be able to move forward with construction beginning in early fall of this year. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-44, authorizing the Mayor and City Clerk to execute Local Agency State Master Agreement. Motion carried unanimously. C. REQUEST for Approval of Final Map for Tract 7263, Rancho Las Palmas Country Club Development. Mr. Cook stated that this was a request for approval of the final map. Council has approved the Tentative Map, and the Final Map is in accordance with the conditions set forth in the Tentative Map. It is for the section of Las Palmas within the City of Palm Desert. Councilman Brush asked what the hold up had been on this application and Mr. Cook replied that the applicant did not process it. Councilman Newbrander moved and Councilman Brush seconded to adopt Resolution No. 77-45, approving the Final Subdivision Map for Tract 7263 and approving the Standard Subdivision Agreement relating thereto. D. REQUEST for Approval of Final Map for Parcel Split 9136 for Property Between El Paseo and Larrea Streets, Behind the Post Office. Mr. Cook pointed out that this was also a request for approval of a Final Map for which the Council had already approved a Tentative Map. It will comply with the condi- tions set forth in the approval of the Tentative Map. It divides this parcel of land into two lots. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-46, approving the Final Map for Parcel Split 9136 and approving the Standard Subdivision Improvement Agreement relating thereto. Motion carried unanimously. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman reported that since the agenda preparation, a number of matters had come up which required Council action. The first item was one which had been reported previously to Council relative to the Library Board offering to deed and give the Palm Desert Library and land to the City. The City will accept that gift and contract with the County for operation of the Library. Meanwhile, however, the warm season is upon us and one portion of the airconditioning in the building April 28, 1977 Page 7 requires immediate attention. Council has indicated that as soon as we possibly could, we would assume that as a proper expenditure of the City since we will receive the building and land free. The estimated cost of that is between $10,000 and $12,000. In checking with the City Attorney, he assures me that the paperwork is in progress, just taking a little longer than anticipated. However, because both the Staff and customers are suffering with the heat, Staff would like Council's authorization to proceed with the rehabilita- tion of the airconditioning system. Councilman Brush moved and Councilman McPherson seconded to authorize the City Manager to accept bids not to exceed $12,000 for installation of a new airconditioning system for the public library and to proceed with the work. Motion carried unanimously. 2. Mr. Bouman reported that just prior to the last Council meeting and again, not in time for the agenda, Mr. Bouman had received communication from the City of Indian Wells indicating that they were seeking authorization from LAFCO to now have a Sphere of Influence established for their city. This Sphere of Influence would be in a corridor northerly of the City of Indian Wells to I-10. The total area involved would be 9 square miles, all of which would come out of our Sphere of Influence and would virtually reduce our Sphere to nothing. At the time of receipt, it did not appear to be a matter of immediate action, but now there is a related action that they have taken legally in an attempt to block our recent annexation in that corridor. Mr. Bouman stated that he felt it was time to voice our City's objections to Indian Wells' action and read a resolution which had been prepared and which would be directed to LAFCO. The resolution opposes the action requested by Indian Wells and sets forth grounds for our opposition. Mayor Mullins stated that it is important to follow through with this. We have spent a great deal of money in Master Planning this area, moved ahead with the annexa- tion, and Indian Wells has always indicated no desire to have a Sphere of Influence. Councilman McPherson asked whether or not we were posi- tive that they did not have a General Plan. Mr. Erwin advised that they did not, but that they relied on the Cove Communities General Plan. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-49; motion carried unanimously. 3. Mr. Bouman stated that he would like to point out that there was a vacancy on the City's Building Board of Appeals and Condemnation due to the resignation of Mr. Charles Martin. This position should be filled by a local architect and he urged that anyone interested in filling that position get in touch with the Mayor or a member of the Council. The appointment should be made within the immediate future. 4. Mr. Bouman reported that the intention for the sewer lateral connection by the Water District was to have it run from the mainline in the street to the property line. However, in many cases this had proven impossible due to underground wiring for outdoor lighting, land- scaping, etc. blocking the course. In the future, when curb and gutter is installed throughout the City, this will create a problem for the City if they have to tear up the street to find the laterals that do not run to property lines because of obstructions. Mr. Bouman introduced Resolution No. 77-47 which established a City policy requiring the extension of all sewer laterals to the property line. The resolution also requires the installing agency to notify the adjoining property owner April 28, 1977 Page 8 the plan to install laterals sufficiently in advance of construction to enable the owner to remove, relocate, or salvage any plants or other private improvements which may exist within the parkway area which will be effected by the lateral installation. Any of the improvements not removed may be removed and disposed of at the convenience of the installing agency. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No.77-47; motion carried unanimously. 5. Mr. Bouman stated that the City had received communication from the League of California Cities with regard to Senate Bill #12 now undergoing a series of hearings. The major hearing will be next Monday. The League points out that this Bill would be particularly damaging to cities because it would set certain limitations on the amount and manner in which a city could set a city property tax rate. Secondly, if passed, it provides for no alterna- tive means of getting money as a result of the limitations. This City has no tax rate. It is possible that we may have to have one, and with this in mind, Mr. Bouman stated that Palm Desert should join with other cities in the State in opposing this piece of legislation. In that regard, we would have to have input sent immediately as the hearing would be the following Monday. Councilman Newbrander moved and Councilman McPherson seconded to authorize the City Manager to convey the feelings of opposition to SB 12 to the Committee and to Senator Stull. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE COUNCIL Mayor Mullins asked that the future meetings be noted and announced that the Study Session of Council scheduled for May 5th would be cancelled. XVI. ADJOURNMENT Councilman Brush moved and Councilman McPherson seconded to adjourn the Council meeting to May 11, 1977, at 11:45 a.m. in Council Chambers for the purpose of adjourning to Executive Session to discuss possible litigation. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:40 p.m. to May 11, 1977, at 11:45 a.m. ,{ ?W(A1 D .G L I NS , MAYOR ATTEST: SHEILA R. GIL IGAN, TY CLERK CITY OF PALM DESERT, CALIFORNIA April 28, 1977 Page 9