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HomeMy WebLinkAbout1977-12-22MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, DECEMBER 22, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:10 p.m. on Thursday, December 22, 1977, in City hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Noel Brush Councilman Jim McPherson Councilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Also Present: Mr. Martin J. Bouman, City Manager Mr. David J. Erwin, City Attorney Mr. Mac Brown, Special Counsel '.ir. Clyde Beebe, Acting City Engineer Mr. Paul A. Williams, Director of Environmental Services Mr. Paul E. Byers, Director of Management Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION of Rotary Banner by the Palm Desert Rotary Club. Mr. Ben Bear presented the Council with the Rotary Banner which outlined the Rotary Creed, the 4-Way Test. He stated that he was delighted that the Council had accepted the challenge of the creed. Mayor Mullins accepted the banner on behalf of the Council and indicated that everyone should try to live their lives to this creed and that the Council would do their best to live up to it. B. REAPPOINTMENT of Dr. Robert Rottschaefer for a One -Year Term Commencing January 1, 1978, and Ending December 31, 1978, to the Coachella Valley Mosquito Abatement District. Councilman McPherson moved and Councilman Wilson seconded to reappoint Dr. Rottschaefer to the C.V. Mosquito Abatement District. Motion carried unanimously. Mayor Mullins pointed out that Dr. Rottschaefer had been serving the City very well in this capacity in the past and was Vice President of the District. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of December 1, 1977. Rec: Approve as presented. B. MINUTES of the Regular Meeting of the City Council of December 8, 1977. Rec: Approve as presented. December 22, 1977 Page 1 C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-055 and 78-061. Rec: Approve as presented. D. STATEMENT OF CASH TRANSACTIONS FOR THE MONTH OF NOVEMBER, 1977. Rec: Approve as presented. E. LETTER FROM INDIAN WELLS Relative to C.O.D. Specific Plan, Change of Zone #10-77, D.P. #11-77, and Change of Zone #9-77. Rec: Receive and refer to Staff for reply, if any. Councilman Wilson requested that Items A, B, and E be removed for discussion under Section X, Consent Items Held Over. Councilman Brush moved and Councilman McPherson seconded to approve the remainder of the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. FORMATION OF ASSESSMENT DISTRICT 77-1, PORTOLA/FLAGSTONE: (Continued from the Meeting of December 8, 1977.) Mayor Mullins reminded that the Public Hearing was still open. Mr. Clyde Beebe reported that he had met with Mr. Hoffman, representative of the property owners, since the last meeting and had reviewed the cost splits made after the contribution of $10,600 more by the City. He had explained to Mr. Hoffman that the costs were now back down to what had been originally quoted; however, Mr. Hoffman had advised that the property owners still did not want the District. Mr. Beebe reported that 56.5% protests had been received, slightly more than the 49.3% received at the last meeting. All protests received were from Flagstone Lane property owners. Mrs. Gilligan reported receiving written protests from the following residents of Flagstone Lane: Richard W. & Virginia Lyman L. C. Thompson, Norco Investment Co. M. H. & Jean D. Goldman Frank H. & Lucille F. Hoffman Robert D. & Janet M. Helms Kenneth M. Barbier Lynn Anthony Lorene A. Welch Mr. Beebe pointed out that if the Council did elect to pro- ceed with the District, it would require a 4/5.vote. Mayor Mullins invited input in OPPOSITION to the District. Mr. Frank Hoffman, 73-840 Flagstone Lane, Palm Desert, addressed Council stating that he had met with Mr. Beebe since the last meeting and also with the other property owners. He stated that the people involved did not want the Assessment District. Mayor Mullins invited input in FAVOR of the District. Mr. Al Kuri, 46-205 Portola, Palm Desert, addressed the Council stating that it was his understanding that these people had originally petitioned the City for the District and that their only objection was that the actual costs had turned out to be higher than what was originally quoted. Now the City is willing to contribute enough money to bring the costs back to the original quotation, and they still don't want it. He stated that the people on Portola did want the District and expressed concern with any further delays in getting the curbs and gutters in. December 22, 1977 Page 2 Councilman McPherson advised Mr. Kuri that he should get in touch with Mr. Beebe as soon as possible to see if there wasn't something that could be done to expedite his project on Portola. Mayor Mullins declared the Public Hearing closed. Councilman McPherson stated that he saw no choice but to abandon the project and moved to waive further reading and adopt Resolution No. 77-143. Councilman Newbrander seconded the motion; carried unanimously. Councilman Brush stated that the engineering work had been done on this and perhaps the people on Portola could move ahead with it. Dave Erwin expressed concern inasmuch as the drainage portion of the engineering included an ease- ment which had never been accepted by the County. He felt that the engineering plans should not be used for the Portola project. B. CASE NOS. C/Z 11-77, DP 12-77, SUNRISE CORPORATION, Et Al, Applicant: Consideration Of A Request for Approval of a Change of Zone for Approximately 240 Acres from 'S' to PR-5 (CUP 1450E) and PR-5 (DP 12-77), Upon Annexation, and a Related Development Plan for Approximately 220 Acres Representing an Amendment to an Existing Valid Conditional Use Permit (CUP 1450E) and a Development Plan for Approxi- mately 20 Acres Contiguous to the 200 Acre Parcel in order to Construct Approximately 786 Condominium Units, An 18-Hole Golf Course, 16 Tennis Courts, a Clubhouse and Related Amenities, Generally Located North of the Whitewater Channel, Between Monterey and Portola. Mayor Mullins declared the Public Hearing open. Mr. Williams reported that the applicant was requesting a prezoning of approximately 240 acres at the northwest corner of Monterey Avenue and the Whitewater Storm Channel. This request is subsequent to Council action initiating annexa- tion of this particular property. In 1972, the necessary zone designations and a Conditional Use Permit were approved by the County to provide for a country club development of approximately 1070 dwelling units. The property owner has met the requirements of the conditions of approval as applied by the County to make the development plan (CUP- 1450E) valid. Because the property owner has a valid Conditional Use Permit in the County, he does not want to lose that right by annexation to the City. Mr. Williams stated that it appears that the subject property could be annexed and appropriate zoning applied without affecting the status of the existing CUP-1450E. In a separate but concurrent action, the applicant is also requesting approval of an amendment to CUP-1450E for the approximate 220 acre portion of the subject property and the Development Plan for the new 20 acre parcel. If the amended Plan were not developed within one year of completion of annexation, it would become null and void, and the property owner would still have CUP-1450E as a valid development Plan on the larger portion of the subject property. However, the remaining 20 acre portion would no longer have a valid development Plan and could not be developed until a new one was approved by the City. Mr. Williams concluded that the requested prezoning conforms to the City adopted General Plan and would provide for the logical development of the subject property in conformance with the standards of the City. Therefore, Staff recommends approval of the requested prezoning in conjunction with the proposed development plan which is an amendment to CUP-1450E and the development Plan for the twenty -acre parcel. December 22, 1977 Page 3 Mayor Mullins invited input in FAVOR of the project. MR. WILLIAM BONE, President, Sunrise Corporation, addressed the Council expressing his concurrence with the Staff report and recommendation and indicating their happiness to be working with and in the City of Palm Desert. Mayor Mullins invited input in OPPOSITION to the project. There being none, he declared the Public Hearing closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-148, finding the County CUP-1450E valid. Motion carried by the following vote: AYES: Brush, McPherson, Newbrander & Mullins NOES: None ABSENT: None ABSTAIN: Wilson Councilman Wilson explained that he had not reviewed the Condi- tional Use being discussed and therefore abstained from voting. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 174 to second reading. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLU- TION NO. 77-72 AND THUS ESTABLISHING A REVISED TABLE OF CLASSIFIED POSITIONS, SALARY RANGE ASSIGNMENTS, AND CAR ALLOWANCES FOR CITY EMPLOYEES. Mr. Bouman explained that this resolution had resulted as of discussions by Council in Study Session regarding the reorganization of the Engineering Department. Fol- lowing the resignation of the City Engineer, it was felt that the City should perhaps contract for the services of a registered civil engineer. Mr. Bouman stated that this should cost about $200-$300 per month. Thus the reorganization of the department will cause it to become the Public Works Department which better describes its activities. Mr. Bouman concluded by reviewing the dif- ferent titles, salary ranges, and car allowance provisions included in the resolution. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-149. Motion carried unanimously. B. RESOLUTION NO. 77-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 74-45 AND THUS REMOVING AUTHORIZATION TO FURNISH GROUP HEALTH, DENTAL, AND LIFE INSURANCE COVERAGE WITH THE TRAVELERS INSURANCE COMPANY. Mr. Bouman stated that he would like to treat Resolution No. 77-150 and Resolution No. 77-151 as a package. He reported that for some time, the Personnel Department has been reviewing insurance coverage because of expressed dissatisfaction with the services and costs of Travelers. The vast majority of the employees would like a different coverage. Review and subsequent discussion with the employees has resulted in the conclusion that most would prefer the coverage of Communicare, and the cost will be about the same. For those employees not wishing Communicare, a Blue Cross policy is available. Resolution No. 77-150 will rescind coverage by Travelers Insurance and Resolution No. 77-151 will designate the Blue Cross/Communicare group and Phoenix Mutual as our carriers. December 22, 1977 Page 4 Councilman McPherson asked Mr. Bouman if the agents pro- viding the service were local, and Mr. Bouman stated that they were. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-150. Motion carried unanimously. C. RESOLUTION NO. 77-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AND AGREEING TO FURNISH GROUP HEALTH, DENTAL, VISION CARE AND LIFE INSURANCE COVERAGE WITH BLUE CROSS OF SOUTHERN CALIFORNIA AND PHOENIX MUTUAL INSURANCE COMPANIES. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-151. Motion carried unanimously. IX. ORDINANCES A. ORDINANCE NO. 175 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROPERTY IMPROVEMENT FEES TO BE PAID TO THE CITY FOR THE PURPOSE OF MEETING CITY-WIDE DRAINAGE NEEDS. Mr. Bouman stated that this action was pursuant to the adoption of the Master Drainage Plan. The adoption of this Plan was required before we could begin collecting drainage fees from development or improvements being made in the City. At the urging of many people, we would like to begin finding ways to fund the vast undertaking of the Master Drainage Plan — about $18,000,000. The Redevelopment Agency took a major step with the implemen- tion of the bonding program. Staff is recommending by this ordinance that we now begin to collect fees both from the developers of raw land and from improvements of already subdivided land down to and including residential develop- ment of 5 units or larger. This could be commercial, indus- trial, public facility buildings, private buildings, etc. The ordinance presents a plan whereby in the case of develop- ment of raw land, the developer will be required to construct the drainage facilities called for on that particular parcel of land as put forth in the Master Drainage Plan. However, at the option of the City, the scope or cost might be reduced. Then the developer would be required to pay a fee of $1,500 per gross acre. In the case of construction or improvement of subdivided land, a $1,500 per net acre fee would apply. The purpose of the ordinance is to begin solving area -wide drainage problems, and because it is of top priority and of utmost importance to the residents of the City, Staff is requesting that it be adopted as an Urgency Ordinance. Councilman Brush stated he felt that even those developing a single family residence should be required to pay a fee. However, Dave Erwin pointed out that State law would not allow the City to apply the fee to construction of anything less than 5 units. Councilman Wilson stated that the increased development brings increased drainage problems, and the ordinance was very important. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 175 as an Urgency Ordinance. Motion carried on the following vote: AYES: McPherson, Newbrander, Wilson, & Mullins NOES: Brush ABSENT: None ABSTAIN: None December 22, 1977 Page 5 IX. ORDINANCES For Adoption: None X. CONSENT ITEMS HELD OVER A. MINUTES of the Regular Meeting of the City Council of December 1, 1977. Councilman Wilson pointed out that the Roll Call had been omitted, and he asked that the minutes be amended to reflect that all had been present. B. MINUTES of the Regular Meeting of the City Council of December 8, 1977. Councilman Wilson asked that the minutes be amended in Section IX, (A), to reflect his Noe vote on Ordinance No. 172. E. LETTER FROM INDIAN WELLS Relative to C.O.D. Specific Plan, Change of Zone #10-77, D.P. #11-77, and Change of Zone #9-77. Councilman Wilson requested that Staff direct a letter to the City of Indian Wells asking them to reply to us sooner so that their input could be considered in Council's deci- sions. Councilman Wilson stated that he would have liked the opportunity to see their response prior to Council's action. Mr. Bouman stated that although he would see to it that Indian Wells was notified of the Council's feelings, he felt that it might be a case of that City being under- staffed at the present time. Councilman Newbrander moved and Councilman Wilson seconded to approve Items A, B, and E as amended or noted. Motion carried unani- mously. XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS MRS. ROSE HELMING, 73-430 Royal Palm, Palm Desert, addressed Council asking where she could read the material on the Master Drainage Plan. Mayor Mullins presented her with his copy, asking that she return it to him when she was finished with it. MR. FRANK HOFFMAN addressed Council thanking them for their help and suggesting they consider having people who are developing less than 5 units pay for drainage also. Mr. Bouman explained to Mr. Hoffman that State law, as Mr. Erwin had pointed out, would not permit it. XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 77-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLU- TION NO. 74-55 BY ADOPTING AND RECOMMENDING A REVISED SPHERE OF INFLUENCE FOR THE CITY OF PALM DESERT, CALIFORNIA Mr. Bouman stated that LAFCO had requested input from each city by January 3, 1978, relative to requested spheres of influence so that they might conclude their current study on the subject. While it might be more December 22, 1977 Page 6 feasible to wait and see the formal request of Indian Wells on their requested Sphere of Influence, time would not permit it. Resolution No. 77-152 asks that the old resolution be rescinded and states very strongly that regarding our westerly Sphere of Influence that we accept the recent ruling of LAFCO which sets that boundary along Monterey Avenue. We may accept it, but we accept it reluctantly. The resolution also states that we, in accepting it, want it firmly understand that we do not any more encroachment on that easterly line. It is essential that we as a city maintain that line. Regarding Indian Wells' Sphere of Influence, the resolu- tion states our agreement with their requested Sphere with exception to one triangle back to the west that we do not understand and which is an illogical protuberance to the west. It would set a boundary along the center line of Cook Street, an undesirable feature in that the full width of Cook Street, together with a suitable lot depth, should ultimately be in the City of Palm Desert from Avenue 44 northerly. An exhibit will be attached to this resolution showing our requested Sphere and both will be transmitted to LAFCO. Councilman Wilson expressed concern with the wording in the third "Whereas". After discussion, the following wording was selected for replacement: "Whereas, the Local Agency Formation Commission considers the matter of the westerly boundary of Palm Desert's Sphere of Influence to be a closed issue; and" Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-152 as amended. notion carried unanimously. 2. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. 1006, FLOOD DAMAGE REPAIRS IN CONJUNCTION WITH FHWA. Mr. Bouman reported that during the process of uncovering the one 24" corrugated metal pipe at Haystack Road, it was discovered that two pipes had been buried and had been completely filled up with sand during the September, 1976, storm. This change order is authorization for the installation of an additional 70 lineal feet of 24" pipe which will correct the problem. Councilman Brush moved and Councilman Wilson seconded to approve Change Order No. 1 to Contract No. 1006. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins asked that everyone note the future meetings listed on the Agenda and wished everyone a Merry Christmas. He stated that Council would go back into Study Session upon adjournment. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:30 p.m. ARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN,2CITY CLERK December 22, 1977 Page 7