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HomeMy WebLinkAbout1977-05-12MINUTES CITY COUNCIL MEETING THURSDAY, MAY 12, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:00 p.m. on Thursday, May 12, 1977, 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 David J. Erwin, City Attorney Hunter T. Cook, City Engineer Paul E. Byers, Director of Management Services Mayor Mullins pointed out that Councilman Wilson had been sworn in at the Adjourned Meeting of the City Council on May 11, 1977, and he welcomed Councilman Wilson. V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT of Mr. Hal Kapp to the Riverside County Library Advisory Committee. Mayor Mullins announced the appointment of Mr. Kapp to the Riverside County Library Advisory Committee and stated that Mr. Kapp had worked with the County in many different capac- ities in the past years. The Mayor added that the City was very fortunate to have Mr. Kapp representing us. C. APPOINTMENT of Member to the Building Board of Appeals and Condemnation to Fill the Vacancy Created by the Resignation of Mr. Charles Martin. Mayor Mullins, with no objections, appointed Mr. Albert Cook, a local Palm Desert architect, to fill the unexpired term of Charles Martin on the Building Board of Appeals and Condemnation. B. APPOINTMENT of Two Planning Commissioners to Fill Vacancies Created by the Resignations of Dr. S. Roy Wilson and Mr. Nelson Mills. May 12, 1977 Page 1 Mayor Mullins announced the appointment of Mr. George Kryder to the Planning Commission. Mr. Kryder is the owner of Nelsha's Draperies in Palm Desert and has been an active businessman for many years. He is actively involved in the Redevelopment Agency's Planning Priorities Committee and is Chairman of the Merchants' Division of the Chamber of Commerce. Mayor Mullins expressed the Council's appreciation for Mr. Kryder's willingness to serve his community in this capacity as he will be an excellent member of the Planning Commission. Mayor Mullins announced the appointment of Mr. Walter Snyder as a member of the Planning Commission. Mr. Snyder is retired and has been a resident of Palm Desert for 10 years. He was employed for 32 years with Lockheed, part of which time was served as Director of Marketing. He is presently President of the Shadow Mountain Golf Club. The Mayor expressed his gratitude for Mr. Snyder's willingness to serve his community in this capacity, indicating Council's confidence that Mr. Snyder would be a definite asset to the Commission. Mayor Mullins asked Council if there were any objections to these appointments, and the entire Council expressed their confidence in the appointments. VI. CONSENT CALENDAR A. MINUTES of the April 28, 1977, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-102 and 77-103. Rec: Approve as presented. C. LETTER OF RESIGNATION from Mr. Nelson Mills as Planning Commissioner. Rec: Accept with regret D. LETTER from the Department of Rehabilitation, Sacramento, California, Requesting Palm Desert's Adoption of an Ordinance to Improve the Availability of Parking of Handicapped Persons. Rec: Receive and file. E. LETTER from the City of Rancho Mirage Soliciting Palm Desert's Comments Relative to the Extension of Monterey Avenue. Rec: Authorize the City Manager to reply that Palm Desert is neutral in the matter at present and takes no action pending the results of further planning studies. F. REQUEST FOR APPROVAL of Future Improvement Agreement for Finn Construction Company, Inc. & C & C Investment, P. 0. Box 756, Palm Desert, for Lot 20, Block B6, P.D. Unit #6, and Lot 17, Block H, P. D. Unit #4. Rec: Approve and authorize the Mayor to execute. G. LETTER from City of Duarte Requesting the City of Palm Desert Adopt a Resolution in Support of A.B. 965, Relating to Youth and Family Projects, and Making an Appropriation Therefor. Rec: Receive and file. May 12, 1977 Page 2 H. REQUEST FOR APPROVAL of Final Tract Map for Condominium Tract No. 6671-2 Located East of Portola Avenue at Catalina Way: Owner/Developer - Fred G. Rice. Rec: Adopt Resolution No. 77-50, approving the Final Map of Tract 6671-2, accepting certain dedications, and authorizing the Mayor and City Clerk to execute the Standard Subdivision Agreement. Councilman McPherson stated that he would have to abstain from voting as one of the items on the Consent Calendar could possibly be a conflict of interest. Councilman Newbrander moved and Councilman Brush seconded to approve the Consent Calendar as presented. Motion carried on the following vote: VII. AYES: NOES: ABSTAIN: ABSENT: Brush, Newbrander, Wilson, and Mullins None McPherson None PUBLIC HEARINGS A. CASE NO. UNDERGROUNDING UTILITY DISTRICT NO. 4: Considera- tion 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 declared the Public Hearing open. Mr. Williams reviewed the Staff report with Council pointing out the justification for staff's recommendation of the District. The District would encompass 16 parcels west of El Paseo, 2 parcels east of El Paseo where the last utility pole is located, and a portion of El Paseo itself, over which the utility lines now travel. At least 25% of the lineal footage of the main utility line is adjacent to property that is committed to undergrounding as a condition of approval for new construction. Mr. Williams reviewed the procedures if the District was created, estimated construction period, costs involved for each parcel, and actions required if the District was not created. Mayor Mullins asked for any input in favor of the District. No one spoke. Mayor Mullins asked for input in opposition to the District. MR. LARRY RINKER, Circle K Stores, addressed Council in opposition to the District stating that their business had been there for a long time and that it was not fair to now ask them to participate with the new construction. He also opposed the costs inasmuch as the utility companies are paid monthly for services and he felt that they should assume the financial responsibility for this. MR. BILL DAUGHERTY, owner of Parcels 1 and 2, spoke in opposi- tion questioning why in other areas the utility companies have paid for the undergrounding, but in this particular District, the property owners are asked to pay for it. Mr. Williams pointed out that the utility companies do put money in a so called "pot" each year, and that when the two blocks between El Paseo and Larkspur were approved, the money in the pot, plus the monies to be received for the next 3 years were utilized. This was done because those blocks were the most developed and had been developed for the longest period of time. Thus, Council felt it was fair that they should receive the benefits of these monies as they had paid into them for the longest period of time. Mr. Daugherty concluded that he did not feel that the District was very fair treatment and that he would oppose it and also speak on behalf of Mr. Fisher. May 12, 1977 Page 3 MR. ROB BENNET, Valley Clinical Labs, spoke in opposition representing Parcels 4, 5, 6, 7, 8, 10, 12, and 13. He stated that everyone would like a little more time to think about it. Mr. Williams pointed out that of the parcels Mr. Bennet listed, 4, 5, 6, 7, 8, and 13 were already obligated to underground because of new construction con- ditions. Upon question, Mr. Williams advised that to defeat the District, 50% of the assessed valuation would have to protest. Councilman McPherson pointed out that 79% of the District proposed was already either in the Redevelop- ment Agency area or already obligated because of the new construction conditions. However, he agreed with Mayor Mullins that enough misunderstanding still existed to warrant continuing the hearing until these owners could meet with staff to more clearly understand the obligation. Councilman McPherson moved and Councilman Wilson seconded to continue the hearing until the City Council meeting of June 9, 1977. Motion carried unanimously. B. CASE NO. UNDERGROUNDING UTILITY DISTRICT NO. 5: Considera- tion of the Establishment of Undergrounding Utility District No. 5 to Underground Existing Overhead Utility Lines on Property Generally Located Adjacent to Sage Lane, Between Highway 111 and Tumbleweed Lane. Mayor Mullins declared the Public Hearing open. Mr. Williams reviewed the justifications for staff's recom- mendation of the approval of this District. He pointed out that the commercial area south of Highway 111 and adjacent to Sage Lane and El Paseo has been the site for several commercial building approvals within the past year and discussions with property owners in the area indicate that new growth will continue at a rapid pace for some time. Mr. Williams reviewed the cost analysis, payment analysis, procedures if the District is created, estimated construc- tion period, and actions required if the District was not required. Total cost would be $98,041.50. Mayor Mullins asked for input in favor of the District. MR. CURT DUNHAM, 73-210 El Paseo, addressed Council as one of the major developers in that area. He stated that this approach to undergrounding seemed the most logical, and he indicated that his group was very much in favor of it. Mayor Mullins asked for input in opposition to the District and none was offered. Councilman Newbrander asked if everyone had been notified of this hearing and Mr. Williams replied that notices had been mailed out. A briefing had also been held prior to the Council meeting and a few owners did attend. Mayor Mullins declared the Public Hearing closed. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-52, establishing Undergrounding Utility District No. 5. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-48 - A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY CLERK TO ACCEPT OFFERS OF RIGHT-OF-WAY ON BEHALF OF THE CITY UPON THE RECOMMENDATION OF THE CITY ATTORNEY AND CITY ENGINEER. May 12, 1977 Page 4 Mr. Bouman explained that this resolution was intended to streamline procedures. It is common practice in most cities that the City Clerk be authorized to accept dedi- cations of right-of-way without bringing them to the Council for approval. This accepting would be done on the advice of both the City Engineer and the City Attorney only. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-48. Motion carried unanimously. IX. ORDINANCES For Introduction None For Adoption: A. ORDINANCE NO. 159 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25, SECTION 25.46 OF THE PALM DESERT MUNICIPAL CODE APPROVING A CHANGE OF ZONE. CASE NO. C/Z 02-77. Mr. Bouman explained that this was the second reading of the ordinance and that the case had been reviewed several times prior. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 159. Motion carried unanimously. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW 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. Mayor Mullins stated that since his business was located in this particular shopping center, he would disqualify himself and turn the meeting over to Mayor Pro-Tem Jim McPherson. Mayor Pro-Tem McPherson called upon staff for report and Mr. Williams advised that since the applicant was not present to give his views, Council might want to consider a continua- tion of the matter. Councilman Brush moved and Councilman Wilson seconded to continue the matter to the meeting of May 26, 1977. Motion carried unanimously. Mayor Pro-Tem McPherson turned the meeting back over to Mayor Mullins. B. REQUEST FOR APPROVAL of Engineering Services Agreement with I. Harold Housley Consulting Engineers for Design of Catalina Way Storm Drain and Storm Improvement Projects. Mr. Cook explained that the Catalina Way drainage system was originally included as part of the design assignment associated with the EDA grant. Now, due to the fact that the City had not received the grant, it was necessary to May 12, 1977 Page 5 enter into a new contract for the Cataline Way work and formally terminate the original contract. The new con- tract provides for design of a new storm drain in portions of Cataline Way and San Pascual and for the reconstruction of Catalina Way. Mr. Cook pointed out that a total of $25,500 was included in the new contract for design, con- struction surveying, city monument replacement, and assis- tance in obtaining corner cut-offs at several local inter- sections. This is in addition to approximately $3,000 already expended on the original contract. A total of $280,000 has been budgeted for this project. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-54 approving the contract. Motion carried unanimously. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS MR. ROLAND KING, Administrator of Palm Springs Medical Clinic, addressed Council and read a letter from the Clinic requesting consideration of condominium development on their parcel of land on Avenue 44 which is temporarily zone "S" (letter attached and made a part of these minutes as Exhibit "A"). Mr. King stated that this is their input to the Council as to their recommendation for the land, and it is in keeping to what they have always indicated to the City as their intentions for the use of the land. He stated that there were 18 acres of land involved and that obviously, they would not need the entire 18 acres for their proposed medical facilities. Mayor Mullins pointed out that the Council had kept this area in "S" rather than the R-1 proposed by the Planning Commission to allow for thorough review of what was best for the area. Mr. RICHARD ARNOLD, 38-551 Cactus Lane, Palm Desert, addressed Council as one of seven property owners of the land adjacent to the Medical Clinic's property. He stated that this property had been zoned "S" for a long period of time and that the building costs had risen from $28.75 per square foot to $40.00 per square foot in the time it had been zoned "S". He urged Council to act on the zoning as soon as possible. He advised that he had been to several Planning Commission meetings and Study Sessions proposing that this land be zoned R-3-3000. Mr. Williams replied that the "S" zone was continued on January 13, 1977, by Ordinance No. 150. He pointed out that he had met with both Mr. Arnold and Mr. Graham Dexter prior to this and had recommended that they develop a master plan for their property. Mr. Williams explained that the Planning Commission is now in the process of reviewing a Preliminary Land Use Map of the C.O.D. Plan. He also pointed out that Rancho Mirage was zoned multi residential with a maximum of 10 units per acre on the north, R-1 zoning existed on the east, and R-1 zoning on the west of the property in question. This surrounding zoning seems compatible with the 7-10 units per acre being considered by the staff. The study is taking time, but Mr. Williams pointed out that the study was very important and should receive careful consideration. Discussion among the Council followed and Mr. Arnold was assured that this matter would be handled as rapidly as adequate review and planning would allow. May 12, 1977 Page 6 XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman introduced a matter dealing with the recent action of the Congress which extended to local govern- mental agencies the requirement that an unemployment tax be paid for all employees of local governmental agencies. This tax had previously been paid by the Federal government. The Act requires, in effect, that all states enact legisla- tion forcing local governments to pay this tax. It is a tremendous financial impact on all the cities, amounting to about $7,000 for us. There is reason to believe, according to the National Institute of Municipal Law Offices, that the Act may be unconstitutional. They are seeking to begin a legal action which would attempt to bring an injunction on behalf of all parties who become a party to the legal action. In that regard, they have set an assessment schedule in which the requested amount to be paid by the cities would be by population, and our assessment would amount to $2,500. This action may take 3 years to get through the courts. If so, we would not be required to pay the tax during these years; it would amount to a savings of about $21,000. If the suit is unsuccessful, we would, of course, lose the $2,500 and would be required to pay the back taxes. Councilman Wilson questioned whether the assessment was a one-time payment or an annual payment. Mr. Bouman replied that it was a one-time cost. Councilman McPherson asked if the League and the County Board of Supervisors were supporting this action, and Mr. Bouman responded they most definitely were. The Act most greatly affects the larger cities and counties. Councilman McPherson moved and Councilman Newbrander seconded that the City Manager be authorized to make application to the National Institute of Municipal Law Officers to become a party to the suit chal- lenging the constitutionality of the Federal Unemployment Amendments of 1976 and the Acts they amend, and authorize the Manager to pay to the National Institute of Municipal Law Officers an assessment in the amount of $2,500, said payment to be charged to the City's Legal Fund of the 1976-77 Fiscal Budget. Motion carried unanimously. Mr. Bouman introduced Resolution No. 77-55, a Resolution of the City Council of the City of Palm Desert, Authorizing the Allocation of a Portion of Local Transportation Fund Receipts to be Allocated to SUNLINE. Mr. Bouman pointed out that he had been keeping Council up-to-date on all action by Sunline, and that this resolu- tion authorized the funding for our portion of the project Mr. Bouman urged the adoption of the resolution in that it had to be submitted as soon as possible. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-55. Motion carried on the following vote: AYES: Brush, McPherson, Newbrander, Mullins NOES: None ABSENT: None ABSTAIN: Wilson Councilman Wilson abstained in that he did not feel he was familiar enough with the issue to cast a vote. May 12, 1977 Page 7 B. CITY ATTORNEY Mr. Jeff Patterson, Deputy City Attorney, asked for approval of a Quit Claim Deed. Mr. Hunter Cook, City Engineer, explained that this deed of right-of-way had been inherited from the County upon incorporation. There being no further need for the right-of-way and in an attempt to remove it from the title, he recommended approval of the Quit Claim Deed. Councilman McPherson moved and Councilman Brush seconded to authorize the Mayor to execute the Quit Claim Deed. Motion carried unanimously. Mr. Cook presented another matter which had been discussed with Mr. Dave Erwin, City Attorney, relative to a Future Improvement Agreement for Parcel Split 9136. Mr. Cook advised that the applicant preferred to sign a Future Improvement Agreement rather than the Standard Subdivision Agreement. After further discussion, Council instructed that this matter be placed on the next agenda. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins advised that the scheduled Planning Commission meeting would probably be cancelled in that one of the three members on the Commission presently would have to be out of town. The next scheduled meeting of the Planning Commission would be May 31, 1977. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:25 p.m. WARD D. NULLINS, MAYOR ATTEST: ,« 7_4f- Z.12,e.ou SHEILA R. GI LIGAN,,,City Clerk City of Palm Desert, California May 12, 1977 Page 8 EXHIBIT "A" CLINIC SERVICE CORPORATION 1695 NORTH SUNRISE WAY PALM SPRINGS, CALIFORNIA 92262 714-323-4211 May 11, 1977 City Council City of Palm Desert Palm Desert, California 92260 Dear Council Members: 11' It is our understanding that your Council has zoning for a parcel of land on Avenue 44 temporarily zoned "S" under active consideration at this time. As you know, the Palm Springs Medical Clinic purchased land in this area for the purpose of establishing a convenient medical facility to help meet the health care needs of local citizens. In addition, an adjacent convalescent residence has been considered by us as appropriate to our patients needs. All of our property might not be required for these health care facilities; attractive condominium residences on the balance of this land would seem in keeping with the best development for this area. The medical facilities would be attractively designed, fronting on Avenue 44, and architect- ually suited to the desired appearance of this neighborhood and Palm Desert. We appreciate the Council's consideration of this matter and would very much like your support and action at this time. Cordially, H. BARTON APFELBAUM, M.D. President HBA:gjn May 12, 1977 Page 9