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HomeMy WebLinkAbout1977-12-08MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, DECEMBER 8, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:00 December 8, 1977, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Brush Councilman McPherson Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: p.m. Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Management Services David J. Erwin, City Attorney Clyde Beebe, Acting City Engineer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR on Thursday, A. RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF PALM DESERT, Requesting That The City Council Give the Highest Priority to Acquiring Specific Parcels As Potential Park Sites. Rec: Receive and hold for input as a part of the con- sideration of the COD Area Specific Plan. B. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE For Fred H. Morris Enterprises, 73-397 Highway 111, Palm Desert, California. Rec: Receive and file. Councilman Newbrander moved and Councilman Brush seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CONTINUED CASE NO. TT 11215, PORTOLA GOLF RANCHOS, Applicant: Request for Approval of a Tentative Tract Map to Create 201 Lots Within an Existing Mobile Home Subdivision Generally Located East of Portola Avenue and South of Avenue 42 in the R-M Zone. Mayor Mullins declared the Public Hearing open. Mr. Paul Williams presented the Staff Report indicating that Staff and the applicant had met several times and as a result, the applicant has submitted a revised tentative tract map which reflects the deletions of Avenue 42 and the extension of Rebecca Road. Mr. Williams explained in detail the deletion of the extension of Avenue 42 and Rebecca Road as it is December 8, 1977 Page 1 considered appropriate for environmental and circulation reasons. He explained that the entrance to the project from Portola Avenue will also have to be changed to conform to the new right-of-way and landscaping requirements. Perimeter walls should be installed where necessary and existing walls relocated as needed. However, work at this detail should be handled by the Design Review Board process. Mr. Williams pointed out that the Staff report allowed Council two options: (1) To approve the Tract Map as approved by the Planning Commission (Alternate B); or (2) approve the Tract Map as revised with the deletions by Alternate A. Mayor Mullins invited input in FAVOR of the project. MR. RICHARD ARNOLD, 38-551 Cactus Lane, Palm Desert, adressed Council as the Project Coordinator for the development. He expressed concurrence with Staff's recommendation and urged the Council to approve Alternate A. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. The Council questioned Mr. Arnold on how his firm would be improving Portola Avenue and also the Whitewater Channel as Portola 'basses through it. Mr. Arnold explained at length. With no further questions or input offered, Mayor Mullins declared the Public Hearing closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-118, Alternate A. Motion carried unanimously. B. CASE NO. UNDERGROUNDING UTILITY DISTRICT NO. 6: Consideration Of The Establishment Of An Undergrounding District To Under- ground The Existing Overhead Utility Lines Along a Portion Of The West Side of Monterey Avenue Northerly of Parkview Drive. Mayor Mullins declared the Public Hearing open. Mr. Paul Williams presented the Staff Report pointing out that it was pursuant to the Council Resolution No. 77-119. He pointed out that assuming that the project is implemented during the proposed time period, the cost breakdown for the three parcels were: (1) Rancho Las Palmas - $55,018; (2) Deancausse - $18,600; and LDS Property - $21,507 for a total of $95,125. The Edison Company would be required to pay for the cost of the removal of the existing overhead facilities and would deduct from the overall cost the value of the excess capacity of the new system as compared to an equivalent overhead system. If approved, the Edison Company has indicated that it would be ready to go to bid on January 1, 1978, start construction on February 1, 1978, and have all lines removed and the new system in operation by July 1, 1978. Staff was recommending the approval of the District in that said undergrounding will eliminate an unusually heavy con- centration of high voltage lines located on the west side of Monterey; said undergrounding would eliminate numerous poles and overhead facilities on the west side of Monterey, which is a public right-of-way extensively used by the general public and which carries heavy volumes of vehicular traffic; and said undergrounding would occur along a right-of-way used as a major entrance into Palm Desert and designated as a local scenic highway. Mayor Mullins invited input in FAVOR of the District, and none was offered. Mayor Mullins invited input in OPPOSITION to the District and the following was offered: December 8, 1977 Page 2 MR. JOHN R. WHITING, 2160 South Palm Canyon Drive, Palm Springs, adressed the Council on behalf of the Jesus Christ Church of the Latter Day Saints. He stated they were a non-profit organi- zation, not a commercial establishment for producing revenue. Their proposed building will be used strictly as a public building by the community. He stated that the cost of the undergrounding was excessive, especially since they were being expected to underground a main feeder line which will serve the entire community. He felt that if the Church were allowed to underground on their own without becoming a part of the District, it would be less costly for them. He con- cluded that for the amount of power their facility would be using, it was unfair to expect them to incur such a high cost of undergrounding. MR. KEITH H. AINSWORTH , Indio, spoke on behalf of the Church and indicating that the cost is not fairly or appropriately allocated. He urged that Council not approve the District. Councilman McPherson stated that all new development must underground. Rule 15A funds, under the policy of the Council, are used for areas already developed, not on vacant property. He pointed out that by forming the District, it would, in reality, be less expensive for the Church to underground. If the District were not formed, it would cost the Church more than the quoted $74.24 per foot. Councilman Brush stated that the funds available to the City through Rule 15A were already committed 4 years in advance. MR. KERMIT MARTIN, Southern California Edison Company, con- firmed that the area in question did house a major substation serving a goodly portion of the City. He stated that Edison was neither for or against the District. Mr. Paul Williams pointed out that if the undergrounding were accomplished in two separate jobs as the Church wished and Rancho Las Palmas were excluded and undergrounded on their own, then the total job would cost $130,000 or $35,000 more than by doing it as a District. With no further input offered, Mayor Mullins declared the Public Hearing closed. Councilman Brush moved to overrule all objections and approve Resolution No. 77-141, establishing the District. Councilman Brush seconded the motion; carried unanimously. C. FORMATION OF ASSESSMENT DISTRICT 77-1, PORTOLA/FLAGSTONE: Mayor Mullins declared the Public Hearing open. MR. MAC BROWN, Legal Counsel for the Assessment District, reported that bids had been received for both the bonds and the construction improvements. The construction bid was $60,000 and the bond bid 5.125%. He then outlined the procedures of the Assessment District if it were approved. Mr. Clyde Beebe reported that in establishing the spread of the Assessment District, each property owner must derive direct benefit from its formation and he explained the division of the costs among the property owners. He pointed out that two lots deriving more benefit had been given a higher percentage of the assessment. Since it was the City's policy to assist in curb and gutter installation, the City had already contributed a lump sum of $3,000 for tie-in paving. Written protests against the cost of the project have been received by the City. These protests were basically from property owners on Flagstone Lane. Councilman Brush at this time pointed out that the City was considering the possibility of contributing an additional $10,600 in order to bring the costs of the District back down to what the property owners had been told originally. Mayor Mullins concurred, indicating that the City had com- mitted to put any available funds into drainage plans. December 8, 1977 Page 3 Mr. Beebe stated that a new spread of costs had been run including the additional $10,600 contribution by the City, and now the figures were back to what the property owners had originally been quoted. Mayor Mullins asked the City Clerk for a report on any communica- tions received relative to the Assessment District. Mrs. Gilligan reported that a petition of 18 property owners against the District had been received and one letter in favor of the District. Mayor Mullins invited input in FAVOR of the District, and none was offered. Mayor Mullins invited input in OPPOSITION to the District, and the following was offered. MR. DONALD ALLEN, 46-155 Portola, Palm Desert, stated that he held an option on a duplex at this address and that he was opposed to the cost and did not feel the curbs and gutters would help at all. Mr. Beebe responded that these curbs and gutters were designed to control 10-year flood waters, but they would not control waters as seen in the Hurricane Kathleen flooding. MR. FRANK HOFFMAN, Flagstone Lane, opposing the costs of the District and stating they were not what had been quoted to them by Mr. Hunter Cook on January 24, 1977. He pointed out that the petition was signed by property owners of 2/3 of Flagstone and he requested thattheir street be removed from the District. Councilman Brush suggested that a brief recess be held to enable Staff to duplicate and distribute the new costs as included the additional contribution of $10,600 by the City. Mayor Mullins called a 5 minute recess at 7:55 and reconvened at 8:00 p.m. Mr. Bouman stated that the City had worked very hard to bring this project to where it is. Additional monies will be contributed to bring the costs back down to what they were originally quoted, and yet the property owners were still protesting. He asked Mr. Hoffman why he was still protesting when his petition had protested on the grounds that the costs were higher than originally proposed and yet now the City had them back down to the original quotation. Councilman Newbrander asked Mr. Hoffman whether or not he still owned his home or had he been successful in selling it? Mr. Hoffman responded that he had sold it. MR. ROTH, Flagstone Lane, addressed Council in opposition and also pointing out an easement that existed between his property and the adjoining property and yet a block wall had been approved for construction there. He pointed out that by ignoring the easement and allowing the block wall, water could not escape between the two lots. City Attorney, Dave Erwin, stated that even though the ease- ment had been offered to the County, the governing body at the time of construction, they had not chosen to accept it. Therefore, there really is not an easement there even though there appears to be. Mr. Roth'expressed.his continued opposition to the formation of a District. Councilman McPherson stated his disappointment that these property owners had come to the City for assistance in the installation of curbs and gutters, had received the engineering work and tie-in paving as a contribution from the City and now were receiving an additional $10,600, and still they were opposed to it. December 8, 1977 Page 4 Councilman Wilson stated that the property owners should take more time in reviewing the new figures presented to them at the meeting and moved to continue the Public Hearing to the meeting of December 22, 1977, at 7:00 p.m. Councilman Newbrander seconded the motion; carried unani- mously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER AND CITY TREASURER TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY. (Amends Resolution No. 77-127.) Mr. Bouman reported that from time to time, surplus property was offered by the California State Agency for Surplus Property and this resolution would enable the City _.tanager and City Treasurer to acquire it. He pointed out that purchase of any such property would require the proper approval of Council. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-147. Motion carried unanimously IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 172 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM PR-5 TO PR-6 AND TO APPROVE A DEVELOPMENT PLAN TO PRO- VIDE FOR A 168 UNIT CONDO/HOTEL, 56 CONDOMINIUMS AND 7 SINGLE FAMILY RESIDENCES ON PROPERTY GENERALLY LOCATED BETWEEN HIGH- WAY 111 AND CANDLEWOOD STREET AT THE EASTERLY CITY LIMIT LINE. (CASE NOS. C/Z 10-77 AND DP 11-77 A & B) Mayor Mullins advised that this was a second reading of the ordinance and asked if anyone had questions. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 172. Motion carried unanimously. B. ORDINANCE NO. 173 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM 'S' STUDY TO PR-5, N.S.P. AND P.C. (4), S.P. AND P.C. (4), N, S. P. ON 15 ACRES OF LAND LOCATED ON THE NORTH SIDE OF HIGHWAY 111 BETWEEN DEEP CANYON ROAD AND THE INDIAN WELLS CITY LIMITS. (CASE NO. C/Z 09-77) Mayor Mullins advised that this was a second reading of the ordinance and asked if anyone had questions. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 173. Motion carried unani- mously. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None December 8, 1977 Page 5 XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman referred to the Resolution from the Parks and Recreation Commission that had been received by the Council in the Consent Calendar. He felt it appropriate to mention that the Planning Commission has held a Public Hearing on the COD Specific Plan which was continued to December 14th at 7:00 p.m. Protests in the form of a petition as well as oral communication had been received on one of the parks proposed in the Plan. Mr. Bouman pointed out that although the Council had received the Resolution from the Parks and Recreation Commission, it was to be held for future review; no action was taken on it by the Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE COUNCIL Councilman McPherson stated that the Council had accepted the Master Drainage Plan a few weeks ago and asked what the status of it was. Mr. Bouman responded that with the adoption of the Master Drainage Plan, the City is now in a position to collect drainage fees as property improvements are made in the City. Several options are available. In essence, it would be similar to the "park -in -lieu fees", although it could be extended down to development on single lots. Staff feels that it is of great urgency to do this. We have an $18 million plan, and at this moment, no precise plan as to how we will implement that. Collection of drainage fees. would be a start. Staff is working on an ordinance which will create a provision for collecting these fees, and it will be presented to Council for consideration at the next meeting. Staff will also recommend adoption of this ordinance as an urgency ordinance so that it will go into affect at the first reading. Mayor Mullins asked that everyone note the future meetings. Councilman Wilson pointed out a typographical error in the Council's Study Session in that it should be December 15, not December 17. Mr. Williams stated that the December 14 Planning Commission meeting was rescheduled for 7:00 p.m. that evening rather than the usual 1:00 p.m. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:45 p.m. ATTEST: SHEILA R.GILLIGAN, CI CLERK CITY OF PALM DESERT, CALIFORNIA -6 -if LEDWARD D.*MULLINS, MAYOR ( December 8, 1977 Page 6