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HomeMy WebLinkAbout1977-06-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the regular meeting of the City Council to order at 7:05 p.m. in City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Brush Councilman Newbrander Councilman Wilson Mayor Mullins Absent: Councilman McPherson Mayor Mullins noted that Councilman McPherson's absence was an "excused absence". Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Hunter T. Cook, City Engineer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the May 26, 1977, Regular City Council Meeting. Rec: Approve as presented B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-112 and 77-113. Rec: Approve as presented. C. REQUEST FOR APPROVAL of Reduction of Security for Faithful Performance Bond for Tract 5277-1. Rec: Adopt a motion authorizing the reduction of the improvement security for Faithful Performance for Tract 5277-1, Shadow Mountain Tennis Club, from $120,000 to $14,000. D. LETTER OF PROTEST from Marrakesh Property Owners Expressing Concern Over the City Council Conditions of Approval for Construction of the Last Phase of Marrakesh Relative to Drainage and Curbs and Gutters. Rec: Receive and refer to the City Attorney for reply. Councilman Brush moved and Councilman Newbrander seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. June 9, 1977 Page 1 VII. PUBLIC HEARINGS A. CONTINUED CASE FOR UNDERGROUNDING UTILITY DISTRICT NO. 4: Consideration of the Establishment of Undergrounding Utility District No. 4 to Underground Existing Overhead Utility Lines on Property Generally Located East of Portola Avenue and South of Highway 111. Mayor Mullins explained that this was a continued hearing from the regular City Council Meeting of May 12, 1977. Mr. Williams stated that, per Council's direction at the May 12, 1977, meeting, he had met with the property owners involved in the proposed District to iron out any differences and clarify any areas of confusion. During these meetings, the property owners presented two points that staff felt had merit: 1) that Lots 1 and 15 had been undergrounded on Portola several years ago when the County created a dis- trict under Rule 20A and therefore, these owners felt it unfair they should participate in District No. 4. 2) that some of the businesses such as Valley Clinical Labs, Henny Penny Chicken, Palm Desert Liquors, etc. that had been in existence for some time now and had been paying into the Rule 20A fund felt it unfair that these monies were being used elsewhere in the City and that they would not benefit from them at all. Because of these new facts, Mr. Williams stated that Staff felt it would be more fair for the City to participate in 50% of the financial costs of the under - grounding for the existing buildings with the exclusion of Lots 1 and 15 who would become a part of the district but would not participate. Mr. Williams continued that if the Council elected to initiate the District, it would take about a year to complete the project. Once the project is completed, the City will be notified of the actual costs which will then be assigned to each property owner on the basis of the approach that is being recommended by Staff. At that time, a hearing will be set before the Council in which the assessments may be discussed by the property owners with the Council and the Council may, at that time, modify the assessments if they so choose. He continued by explaining the reimbursement procedures to the City, etc. Mayor Mullins invited input in FAVOR of the District and none was offered. Mayor Mullins invited input in OPPOSITION to the District and none was offered. Councilman Wilson asked for clarification on the exclusion of Lots 1 and 15. He pointed out that he understood that a service line had been undergrounded previously on Portola but questioned why they were then being serviced off the line in the alley which was proposed to be undergrounded. MR. KERMIT MARTIN, General Manager, Palm Desert Southern Cali- fornia Edison, explained that the undergrounding project on Portola had been undertaken 5 to 6 years ago by the County and that Rule 20A allocations were utilized. There was, however, no property owner participation in that district. He further pointed out that the service for these two particular buildings had always originated from the alley. Mr. Williams stated that another concern expressed by the property owners was that the new construction being generated is creating the need for this District and that the new construction should, therefore, share some additional costs as a result of forcing the existing buildings to go into the District. June 9, 1977 Page 2 Councilman Brush pointed out that by eliminating these two buildings, who had not in fact participated in the. previous undergrounding district, the estimated costs for the other lots would be approximately $500 greater. Mr. Williams advised that this was correct. Councilman Wilson stated that in light of these two facts, he preferred Alternative No 3 which provided for the City's par- ticipation of 50% of the financial costs for existing buildings and inclusive of Lots 1 and 15. Mayor Mullins declared the Public Hearing closed. Councilman Wilson moved to amend Resolution No. 77-51 to include Lots 1 and 15 and adopt as amended. Councilman Brush seconded the motion; motion carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 77-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE STANDARD FUTURE IMPROVEMENT AGREEMENTS ON BEHALF OF THE CITY UPON THE RECOMMENDATION OF THE CITY ENGINEER AND THE CITY ATTORNEY. Mr. Bouman reported that per Council policy, developers were given three options for providing curbs and gutters. One of these options is the signing of a Future Improve- ment Agreement which remains binding on the property even if it is transferred. As it now stands, the City is receiving a number of these request for Future Improvement Agreements. When they are of a standard nature, Staff does not feel it necessary to bring it to Council for individual action. This resolution would provide the Mayor with authorization to execute these Agreements without individual action provided there has been a recom- mendation by the City Engineer and the City Attorney. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-60. Motion carried unanimously with the members present. B. RESOLUTION NO. 77-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN OFFICIAL POLICY STATEMENT TO GUIDE EFFORTS OF THE CITY COUNCIL, THE PERSONNEL SYSTEM, CITY OFFICIALS, DEPARTMENT HEADS, AND SUPERVISORY PERSONNEL TO PROVIDE EQUAL EMPLOYMENT OPPOR- TUNITIES FOR MINORITY AND FEMALE GROUP JOB APPLICANTS AND EMPLOYEES. Mr. Bouman explained that this was an action that, if taken, would formalize a policy the City has been following since incorporation. The City has been saying and advertising that it is an Equal Opportunity Employer; we have a good Affirmative Action Program. However, we have never adopted such a policy. This resolution would be evidence to the State, County, and other governmental agencies that we are an Equal Opportunity Employer and an Affirmative Action Employer. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-61. Motion carried unani- mously with the members present. IX. ORDINANCES For Introduction: None June 9, 1977 Page 3 IX. ORDINANCES For Adoption: A. ORDINANCE NO. 160 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP. CASE NO. C/Z 04-77. Mr. Bouman explained that this ordinance had been reviewed in detail during its first reading and offered to answer questions that Council might have. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 160; motion carried unanimously with the members present. B. ORDINANCE NO. 161 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP. CASE NO. C/Z 03-77. Mr. Bouman stated that this had also been reviewed thoroughly during first reading and offered to answer questions, if any. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 161; motion carried unanimously with the members present. C. ORDINANCE NO. 162 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 96, SPECIFICALLY ARTICLE 20, OF THE PALM DESERT ZONING ORDINANCE. CASE NO. ZOA 02-77. Mr. Bouman pointed out that this was the second reading of this ordinance also and that unless Council had questions, he had no further input. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 162; motion carried unanimously with the members present. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS A. APPEAL OF CASE NO. 25SA, ROY WILLIAM CARVER, APPLICANT: Applicant Is Seeking the Deletion of the Conditions of Approval for Case No. 25SA, Which Are Specified in Planning Commission Resolution No. 234. (Continued from the Meeting of May 26, 1977.) Mr. Bouman advised that the City had received a letter from Mr. Carver withdrawing his appeal. The letter will be delivered to the City Clerk for official record. Councilman Wilson moved and Councilman Brush seconded to accept the applicant's withdrawal of the appeal. Motion carried unanimously by the members present. XII. NEW BUSINES None XIII. OLD BUSINESS None June 9, 1977 Page 4 XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman reported that he had received that morning from Mr. Prince Pierson, City Manager of Indian Wells, a copy of the resolution adopted by their City Council a week ago in which they directed action dropping the law suit dealing with our zoning of the annexation on Cook Street. The reasons given in the resolution were that a number of meetings had been held between the two cities' technical and administra- tive staffs, Executive Sessions had been held between the two Councils, and that a better spirit of cooperation now existed. They felt that our differences could be worked out. Because of the timing associated with receipt of this resolu- tion, it did not appear on the Agenda. However, Mr. Bouman stated that it would be officially received at the Palm Desert City Council's meeting of June 23, 1977. He concluded by saying that he was not sure that he could promise a solu- tion or compromise to the differences between the two cities, but Palm Desert will surely try. Mayor Mullins stated that he felt the atmosphere between the two cities is now much better. He said that he was most in favor of meeting with the City of Indian Wells to try to work out some mutual solutions. Councilman Wilson expressed the same sentiments. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Brush stated that when the City had incorporated, one of the first things established was a Building Excise Fee for use in the establishment of parks. In going through this year's budget review, that fund now amounts to about $397,000. By the end of the next fiscal year, it will be almost $600,000. He stated that this was a pretty sizeable fund. We now have the Palm Desert Community Park; the Washington School Park is underway which the City might consider assisting; a park is proposed on Haystack; and the Community Center is established and operated by the Parks and Recreation District. He asked whether or not this might be a good time to look at this Excise Tax fund and ask the staff to research the feasibility of using those fees from commercial buildings only for the beautification of the downtown area on Highway 111. Mayor Mullins stated that we have progressed a long way in our parks system and that our Parks & Recreation Commission will be bringing ideas to Council soon. He expressed his concurrence with Councilman Brush that this might be a good way of spending some of the monies in this fund. He pointed out that the Redevelopment Agency will be doing a considerable amount of work in this area also. Councilman Wilson stated that he would be receptive to seeing a study on something of this nature for Highway 111. Mr. Bouman said that the Redevelopment Plan does provide for a large expenditure for that purpose, but there are still some additional things we will have to do. In that light, it might be a good use for some of the Building Excise money. June 9, 1977 Page 5 Mayor Mullins asked that everyone note the future meetings listed on the Agenda and advised that Council would reconvene their Study Session immediately following the Council meeting. XVI. ADJOURNMENT Councilman Wilson moved to adjourn the meeting to June 16, 1977, at 7:00 p.m. in City Hall Council Chambers for the purpose of receiving the Manager's proposed budget for Fiscal Year 1977-78 and setting a date for public hearing, said date to be June 30, 1977. Councilman Brush seconded the motion. Motion carried unanimously with the members present. rk15. LIN LINS, MAYOR ATTEST: SHE1LA R. GPLLIGAN, CITY CLERK City of Palm Desert, California June 9, 1977 Page 6 EXHIBIT "A" CARVER COMPANIES SHOPPING CENTER DEVELOPMENT • LEASING AND MANAGEMENT Mr. Paul Williams City of Palm Desert 45275 Prickly Pear Lane Palm Desert, CA 92260 June 2, 1977 Re: Case No. 25SA Dear Paul: With regard to the above case no„ please accept this as notification to the City of Palm Desert that we hereby withdraw our appeal. Thank you. RTB : s f Sincerely, CARVER COMPANIES Robert T. Best 110 WEST LAS TUNAS DRIVE • SAN GABRIEL, CALIFORNIA 91776 • (213) 285.2132 JUN 9 197/ C'! ucSERi CITY HALL June 9, 1977 Page 7