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HomeMy WebLinkAbout1977-06-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 23, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:08 p.m. in City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Brush Councilman McPherson Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Management Services Hunter T. Cook, City Engineer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 9, 1977. Rec: Approve as presented B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-114 and 77-121. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MAY, 1977. Rec: Approve as presented. D. LETTER from MULHOLLAND REALTY CO., MARTIN PAUL BERNE & ASSOCIATES, Box 297, Palm Desert, California 92260, Relative to Whether an Environmental Impact Report Was Done on the City's Sign Ordinance. Rec: Refer to the City Attorney for response regarding the procedures following in processing the Environ- mental Impact Report on the Sign Ordinance. E. FLOOD LITIGATION ITEM Regarding Henry and Virginia Batista, for Flood Damage to Certain Real Vacant Property Located Immediately to the West of 23680 Highway 111, Palm Desert. Rec: Refer to the City Attorney for appropriate response. June 23, 1977 Page 1 F. LETTER FROM INDUSTRIAL INDEMNITY Requesting Release of Bonds for Tract 4545, Palm Desert Venture Limited. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. Councilman Newbrander moved and Councilman Wilson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. RENEWAL of Taxicab Permits for 1977-78 Granting Certificates of Public Convenience & Necessity. Mr. Bouman stated that the exclusive franchise awarded Ask Fore Palm Desert Cab Company would expire on June 30, 1977. Council has several alternatives with regard to taxicab service in the City: 1) recommend that the present franchise be continued; 2) grant an exclusive franchise to a different cab company; or 3) open it up to competition and require the cab companies to file business licenses and issue certifi- cates of public convenience to them. Mr. Bouman pointed out that there were several factors presently clouding the issue, that of the Dial -a -Ride Service out of Rancho Mirage which brings its customers into Palm Desert and returns them to Rancho Mirage and also the pending court case wherein an alleged violation of Palm Desert's exclusive taxicab fran- chise is being heard. In light of these circumstances, Mr. Bouman stated that Staff would like additional time in which to review the franchise and present its recommen- dation to Council. This would mean a continuation of the Public Hearing to the next regular meeting of July 14, 1977. Mayor Mullins acknowledged the problem but stated that in the event someone was in the audience who wished to speak regarding the franchise, he felt they should be heard. He declared the Public Hearing open and asked for any input in FAVOR of the exclusive franchise. None was offered. Mayor Mullins asked for input in OPPOSITION to the exclusive franchise. MR. BURTON FIORE, Caravan Cab Company, addressed Council indicating that he had been servicing the area for 16 years with no complaints. He stated that he felt that the Ask Fore Palm Desert Cab Company was not large enough to service the 14,000+ residents in Palm Desert and serve Rancho Mirage, Indian Wells, and Indio as well. He also stated that Ask Fore Palm Desert Cab Company had been out of service many times and had had to call upon him, as well as other cab companies, to fill in for them. Councilman McPherson moved and Councilman Newbrander seconded to continue the Public Hearing to the meeting of July 14, 1977. Motion carried unanimously. B. APPEAL OF CASE NO. C/Z 05-76, AFFILIATED CONSTRUCTION COMPANY, APPLICANT: Request Is To Reverse the Decision of the Planning Commission As Expressed in Planning Commission Resolution No. 236 Which Denied a Change of Zone Request from R-1 to R-3(3) on Property Generally Located South of Larrea and East of Lantana. Mr. Williams presented the Staff report and presented slides of the area in question as well as the surrounding area pointing out that these same slides had been shown to the Planning Commission when they had made their decision. Mr. Williams stated that staff agreed with the Planning Commission decision in that the proposed land use would not respect pre- dominant existing uses in the adjacent areas; Lantana Avenue is the most logical break between zones; and the proposed development is not compatible with existing development. He concluded that it was Staff's belief that the Commission was June 23, 1977 Page 2 correct that a considerable amount of land exists in other areas of the City where the zoning allows the construction of multi -family units and this would appear to make the appellant's request for a Change of Zone even less valid. He pointed out the two letters received from Mr. Charles E. Schoendienst and Dr. Samuel D. Farber, neighbors of the proposed project, opposing the rezoning. Mayor Mullins declared the Public Hearing open and asked for input in FAVOR of the rezoning. MR. FRANK GOODMAN, 73-665 Shadow Mountain Drive, addressed Council as the developer of the proposed project. He indi- cated that the majority of the opposition to his project was coming from two weekend residents of Palm Desert, and he felt that they would oppose any type of development - even single-family residences - on that particular piece of property. As a result of that, he felt their input had no saliency and that it did not show interest in the upgrading of the City. Mr. Goodman stated that when the Planning Commission had made their decision to deny the zone change, none of the Commissioners had visited the area to see it for themselves. Thus, he did not feel that they could make a fair decision. He also questioned Staff's reversal of recommendation in that originally they had strongly recommended approval to the Planning Commission. Mr. Goodman pointed out the im- provements that would be made in an area that greatly needed improving; Lantana would be improved and paved inasmuch as they owned the street; the area would be completely land- scaped; and the building design would be attractive and well compliment the surrounding dwellings. He also advised that he had purchased the one house at the end of the property which would be completely rennovated for use by the manager of the proposed apartments. Mr. Goodman stated that he had made a survey and that, con- trary to Staff's report, 63.2% of the surrounding property was R-3 and the single-family residences constituted a minority. He asked that Council strongly consider his appeal as it would be for the benefit of that entire area. MR. MARSHALL INMELL, 73-461 Haystack Road, Palm Desert, addressed Council in support of Mr. Goodman and the project. He stated that the County had approved 12 units to the acre for that area four years ago. He pointed out that the area needs upgrading badly, and the R-3-3 would be a definite asset to the area. Mayor Mullins asked for input in OPPOSITION to the rezoning. DR. SAM FARBER, Garden Square, Palm Desert, addressed Council and submitted a petition signed by 13 residents of the area under consideration opposing the rezoning. Dr. Farber stated that he also spoke on behalf of Mr. Schoendienst who would be retiring to his home in this area next year. Dr. Farber expressed his strong resentment for being called a weekend resident and the implication that he lived in a depressed area. He stated his objections to the multiple dwellings already in existence in that area, creating noise problems, litter problems, etc. and his feeling that no more of this type development was suitable. He offered rebuttal to the statement that they would oppose single-family building on the property as it was inevitable. Single-family would be, in his opinion, much more suitable for the area. Dr. Farber also stated that the 6 two-story units would defi- nitely take away from the view of the natural beauty of the area in that it would obstruct the view of the mountains. MR. FRANK GOODMAN readdressed Council stating that he agreed with Dr. Farber's feelings relative to the natural beauty of the area, but he could not conceive of how the multi -family would destroy the view any more than single-family would. June 23, 1977 Page 3 Councilman McPherson asked for clarification on the development standards for R-3-3000. Mr. Williams reviewed the square footage requirements as well as parking requirements as set forth by Council policy. Councilman Newbrander asked whether or not Lantana Street could be vacated and Mr. Williams advised that it is not a public street from Lantana, south, except for one square piece of 25 feet. Councilman Wilson stated that he had been on the Planning Com- mission when the decision had been made to deny the rezoning request. He pointed out that he was one of the Commissioners who had been guilty of not having personally inspected the area; however, he said that he had recently visited the property and had concluded that the Planning Commission decision had been a wise one. Mayor Mullins declared the Public Hearing closed. Councilman Newbrander moved and Councilman Brush seconded to uphold the findings of the Planning Commission and deny the appeal by City Council Resolution No. 77-62. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION 77-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PAYMENT FOR PAVING IN CONNECTION WITH CURB AND GUTTER CONSTRUCTION ON GRAPEVINE AVENUE. Mr. Bouman explained that this dealt with a citizen coopera- tive improvement wherein curb, gutter, and tie-in paving had been installed on the north side of Grapevine on 7 lots. The City performed the engineering and the property owners paid for the installation of the curb, gutter, and tie-in paving. Per City Resolution, the property owners are now entitled to reimbursement for the cost of the tie-in paving which this resolution will authorize. The Resolution pro- vides for the payment directly to 5 of the property owners, to one contractor, and with the 7th lot ineligible in that it was a vacant lot. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-64. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR APPROVAL of An Agreement with KWL Associates for Engineering Services for Design Engineering for Curb and Gutter Installation on Shadow Mountain Drive. Mr. Bouman advised that the City Attorney had reviewed this Agreement and found areas requiring minor changes. Staff was, therefore, requesting that the item be continued to the meeting of •June 30, 1977 June 23, 1977 Page 4 B. REQUEST FOR APPROVAL of An Agreement with Waddill's Gardening Service to Continue Gardening Services at the Community Park and Other Locations. Mr. Bouman advised that this was the renewal of an existing contract that City had with Waddills Gardening Service and that they had proved to be an excellent and well -qualified contractor. The agreement includes a number of services including additional services which will be required at the request of the City Engineer, only if the Anti -Recession funds are no longer available to the City. Mr. Bouman pointed out that this Agreement provides all services presently being provided at no increase in cost. Councilman Brush moved to waive further reading and adopt Resolution No. 77-65 authorizing the Mayor and City Clerk to execute the Agreement with the addition of the Hold Harmless clause. Council- man McPherson seconded the motion; carried unanimously. C. CONSIDERATION OF A REQUEST by the Planning Commission That One of the Commission's Monthly Meetings Be Held During the Day. Mr. Bouman explained that the Commission was requesting that their second meeting of the month be allowed to be held at 1:00 p.m. in the afternoon. Since this meeting is normally a Study Session dealing with non-public hearing items, the Commission feelsthey could just as easily con- sider these matters during the day versus the present pattern of meeting at night. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-63. Motion carried unani- mously. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL of Palm Desert Library Lease Agreement with the City of Riverside. Mr. Bouman stated that the building and property for the Palm Desert Library is in the process of being deeded to the City by the Library Association. The Council has previously authorized the one-time capital expenditure of $12,000 to rennovate the air-conditioning system in the east and north wings of the library, and this work actually cost $7,700. Mr. Bouman continued that this was a Lease Agreement with the City of Riverside who will occupy and operate the library. The Lease calls for payment of $400/month rent which will offset the City's estimated $4,800 for maintenance of the library. Councilman McPherson stated that even if the City had to subsidize the Library, he felt that it would be worthwhile. Councilman Newbrander stated that many, many residents utilize the Library and these are not only residents of Palm Desert but Indian Wells and Rancho Mirage as well. Councilman McPherson moved and Councilman Brush seconded to approve the Agreement with the suggested change in Paragraph 10 and authorize the Mayor and City Clerk to execute. Motion carried unani- mously. June 23, 1977 Page 5 XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 77-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE EXECUTION OF CONTRACT NO. 1006, STORM DRAIN IMPROVEMENT PROJECT CATALINA WAY & SAN PASQUAL AVENUE AND STREET IMPROVEMENT PROJECT ON CATALINA WAY. Mr. Bouman reported that bids had been received for the Storm Drain Project and that the low bidder, Massey Sand & Rock Company, had been 19% lower than the engineering estimate. The total contract bid was $204,883.20. Mayor Mullins stated that this was another project the City was happy to see underway. Councilman Brush pointed out that it was one of the first projects dis- cussed by the original City Council. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-68. Motion carried unanimously. 2. RESOLUTION NO. 77-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING A BID, AUTHORIZING THE EXECUTION OF CONTRACT NO. 1009, MAINTEN- ANCE & REPAIR OF VARIOUS STREETS. Mr. Bouman reported that bids had been opened for Contract 1009 for street maintenance and repair and that Massey Sand & Rock Company had been the low bidder on this project also. Their bid was 16% below the engineering estimate and was $30,256. Mr. Bouman outlined the various streets that would be worked on. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-67. Motion carried unanimously. 3. Mr. Bouman announced that the Redevelopment Agency Treasurer and Secretary had opened loan bids from local banks that afternoon at 2:00 p.m.; said loan to be in the amount of $500,000. However, one of the stipulations of the loan was to have a certification from a qualified and legal bond counsel on the Agency's ability to borrow this amount of money. City National Bank of Palm Desert had submitted the lowest bid of 4%. Mr. Bouman pointed out that although the City was going to get this legal opinion, it would not be able to do so and meet the June 30, 1977, deadline. Therefore, by Resolution No. 77-69, Staff was recom- mending the loan by the City of said amount, to be repaid at 8% per annum interest, as soon as said money is received from a private lending institution. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-69, authorizing the advance to the Palm Desert Redevelopment Agency in the amount of $500,000, such advance to be treated as a loan and to be repaid with interest. Motion carried unanimously. June 23, 1977 Page 6 4. RESOLUTION NO. 77-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING DESIG- NATION OF A SOLID WASTE MANAGEMENT AGENCY FOR RIVERSIDE COUNTY. Mr. Bouman stated that this matter had been requested by the County of Riverside. Under the Solid Waste Control Act, if local agencies do not stipulate an agency to act on their behalf, the State will take control. This Resolution approves the designation of the County of Riverside as the Solid Waste Manage- ment Agency. Approval of 5o% of the cities in the County is required for approval of this action by the State. Mr. Bouman pointed out that the City's resolu- tion recommended a change in the County's recommended resolution, that being that 4 elected officials be included in the makeup of the Agency. The County is agreeable to this. The County has also agreed that they will not, at least for the next year, charge any fee for dumping at a disposal site. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-70. Motion carried unanimously. 5. Mr. Bouman stated that the newly proposed budget for fiscal year 1977-78 included an increase for the City Attorney's monthly retainer as well as his hourly rate. This increase would be from $1,500 to $1,650 per month retainer and from $60 to $75 an hour for special services. Staff was recommending adoption of Resolu- tion No. 77-71 approving such increases. Mr. Bouman pointed out that the monthly retainer had not been increased since 1974. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-71, modifying Resolution No. 73-3 relating to compensation of the City Attorney. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL None XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting to June 30, 1977, at 7:00 p.m. in City Hall Council Chambers for the purpose of adopting the 1977-78 Budget & any other year-end matters. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:15 p.m. ATTEST: SHEILA R. G LIGAN //CITY CLERK CITY OF PALM DESERT, CALIFORNIA June 23, 1977 /4)1.1 4 i (EDWARD D. MULLINS, MAYOR L Page 7 EXHIBIT A Circuiraed by: Mr. & Mrs. Charles E. Schoendienst 45-496 Garden Square Palm Desert, CA 92260 Office phone: 714-994-2803 PETITION This petition is being circulated against: Case No. C/Z 05-77 REQUEST FOR A CHANGE OF ZONE FROM R-1 TO R-3 (3) FOR A 0. 51-ACRE PARCEL LOCATED SOUTH OF LARREA AND EAST OF LANTANA (PALM DESERT) The Planning Commission denied the zone change on May 3, 1977, however the developer plans to go before the City Council in an effort to get the zoning changed. Name Address 1. (7.,„6., 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 10 June 23, 1977 Page 8 EXHIBIT A Circulated by: Mr. & Mrs. Charles E. Schoendienst 45-496 Garden Square Palm Desert, CA 92260 Office phone: 714-994-2803 PETITION This petition is being circulated against: Case No. C/ Z 05-77 REQUEST FOR A CHANG. OF ZONE FROM 1::- 1 TO R-3 (3) FOR A 0. 51-ACRE PARCEL LOCATED SOUTH OF LARREA AND EAST OF LANTANA (PALM DESERT) The Planning Commission denied the zone change on May 3, 1977, however the developer plans to go before the City Council in an effort to get tl,e zoning changed. Name 2. Address Circulated by: Mr. & Mrs. Charles E. Schoendienst 45-496 Carden Square Palm Desert, CA 92260 Office phone: 714-994-2803 PETITION This petition is being circulated against: Case No. C/Z 05-77 f EQUEST FOP A CHANGE OF ZONE FROM P.-1 TO R-3 (3) FOR A 0.51-ACRE PARCEL LOCATED SOUTH OF LARREA AND EAST OF LANTANA (PALM DESERT) The Planning Commission denied the zone change on May 3, 1977, however the developer plans to go before the City Council in an effort to get the zoning changed. N a rn c 1. a 2' .Address • L-4.4,1ett / .���t �T�te7y June 23, 1977 Page 9 EXHIBIT A Circulated by: Mr. & Mrs. Charles E. Schoendienst 45-496 Garden Square Palm Desert, CA 92260 Office phone: 714-994-2803 PETITION This petition is being circulated against: Case No. C/Z 05-77 REQUEST FOR A CHANGE OF ZONE FROM R-1 TO R-3 (3) FOR A 0. 51-ACRE PARCEL LOCATED SOUTH OF LARREA AND EAST OF LANTANA (PALM DESERT) The Planning Commission denied the zone change on May 3, 1977, however th•� developer plans to go before the City Council in an effort to get the zoning changed. Name Addres s 2.7 V 14A oei Sq l? 1 CA 12,14- A41ems. ,4/15. Circulated by: Mr. & Mrs. Charles E. Schoendienst 45-496 Garden Square Palm Desert, CA 92260 Office phone: 714-994-2803 PETITION This petition is being circulated against: Case No. C/Z 05-77 REQUEST FOR A CHANGE OF ZONE FROM R-1 TO R-3 (3) FOR A 0. 51-ACRE PARCEL LOCATED SOUTH OF LARREA AND EAST OF LANTANA (PALM DESERT) The Planning Commission denied the zone change on May 3, 1977, however the developer plans to go before the City Council in an effort to get the zoning changed. Narnc Address 1. J L 1 t '2 CI-- L c�— Y /7 t C c 2. C. j�.� fit- — .»/ .' >,�. June 23, 1977 Page 10 EXHIBIT A Circulated by: Mr. & Mrs. Charles E. Schoendienst 45-496 Garden Square Palm Desert, CA 92260 Office phone: 714-994-2803 PETITION This petition is being circulated against: Case No. C/Z 05- 7 7 REQUEST FOR A CHANGE OF ZONE FROM R-1 TO R-3 (3) FOR A 0. 51-ACRE PARCEL LOCATED SOUTH OF LARREA AND EAST OF LANTANA (PALM DESERT) The Planning Commission denied the zone change on May 3, 1977, however the developer plans to go before the City Council in an effort to get the zoning changed. Name 2. Address (� c � ir-1 AA.12- J — `i 4 o .S Circulated by: Mr. & Mrs. Charles E. Schoendienst 45-496 Garden Square Palm Desert, CA 92260 Office phone: 714-994-2803 PETITION This petition is being circulated against: Case No. C/Z 05-77 REQUEST FOR A CHANGE OF ZONE FROM R-1 TO R-3 (3) FOR A 0.51-ACRE PARCEL LOCATED SOUTH OF LARREA AND EAST OF LANTANA (PALM DESERT) The Planning Commission denied the zone change on May 3, 1977, however the developer plans to go before the City Council in an effort to get the zoning changed. Name Address 1. 2. i_f_A,ed.) ,1 VIGIL' 18697 Santa Carmel* Si. Fountain Valley, CA 9270$ C 97 (14 eidie. {d ``-"r �,��N //,¢//ec1 &da4A-„neAr , 1..1707 (& • June 23, 1977 Page 11 EXHIBIT A Circulated by: Mr. & Mrs. Charles E. Schoendienst 45-496 Garden Square Palm Desert, CA 92260 Office phone: 714-994-2803 PETITION This petition is being circulated against: Case No. C/Z 05-77 REQUEST FOR A CHANGE OF ZONE FROM R-1 TO R-3 (3) FOR A 0. 51-ACRE PARCEL LOCATED SOUTH OF LARREA AND EAST OF LANTANA (PALM DESERT) The Planning Commission denied the zone change on May 3, 1977, however the developer plans to go before the City Council in an effort to get the zoning changed. Na.me /j /jAddress /j) 1. 9CLi..0 2,i-r.2.. '�.�et-fi r " 7 V - v 7g C t e.e-vo-eta'" &f . �7•�(% 2. Circulated by: Mr. & Mrs. Charles E. Schoendieust 45-496 Garden Square Palm Desert, CA 92260 Office phone: 714-994-2803 PETITION This petition is being circulated against: Case No. C/Z 05-77 REQUEST FOR A CHANGE OF ZONE FROM R-1 TO R-3 (3) FOR A 0. 51-ACRE PARCEL LOCATED SOUTH OF LARREA AND EAST OF LANTANA (PALM DESERT) The Planning Commission denied the zone change on May 3, 1977, however the developer plans to go before the City Council in an effort to get the zoning changed. Name Address 7y//7 A'.e, t 7 Y-/70 �f1c�', � ht �� f( 0' June 23, 1977 Page 12