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HomeMy WebLinkAbout1978-08-24MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 24, 1978 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Mullins convened the Regular Meeting of the Palm Desert City Council at 7:00 p.m. on Thursday, August 24, 1978, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tem McPherson III. INVOCATION - Mayor Mullins IV. ROLL CALL Present: Councilman Noel Brush Councilman Jim McPherson Counilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Also Present: Martin J. Bouman, City Manager Jeff Patterson, Deputy City Attorney Paul A. Williams, Director of Environmental Services Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS 1. APPOINTMENT OF THREE PLANNING COMMISSIONERS To Fill the (23) Expired Terms of Mr. Steve Fleshman, Mrs. Gloria Kelly, and Mr. Walter Snyder. Councilman McPherson moved and Councilman Wilson seconded to reappoint Mr. Steve Fleshman and Mrs. Gloria Kelly to the Planning Commission for a 4-year term. Motion carried on a 4-1 vote, with Councilman Newbrander voting NOE. Councilman Wilson moved and Councilman Brush seconded to reappoint Mr. Walter Snyder to a 2-year term on the Planning Commission. Motion carried on a 4-1 vote, with Councilman McPherson voting NOE. Mayor Mullins stated that the City was very fortunate in having these individuals willing to serve on this Commission. All of the present Planning Commissioners are or were serving on unexpired terms of other Commissioners; none have served for a full 4-year term. With Mr. Snyder`s appointment for 2 years, he will serve a 4-year term. The 2-year appointment will also bring the terms into line as far as how they should expire according to the Commission By -Laws. 2. APPOINTMENT OF TWO MEMBERS OF THE PARK & RECREATION COMMISSION (23) To Fill the Expired Terms of Mrs. Doloris Driskel and Mr. John Marman. Councilman Wilson moved to reappoint Mrs. Driskel and Mr. Marman to a 4-year term on the Park & Recreation Commission. Councilman Newbrander seconded the motion; carried unanimously. August 24, 1978 Page 1 VI. CONSENT CALENDAR A. MINUTES of the August 10, 1978, Regular Meeting of the City Council. Rec: Approve as presented. (41) B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-021 and 79-022. Rec: Approve as presented. Councilman Brush moved and Councilman Wilson seconded to approve the Consent Calendar as presented; motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. C/Z 07-78, CLIFF SWANSON, ET. AL, APPLICANT: Con- sideration of a Change of Zone from 'S' Study to S.I. (U.A.) (96) or Any Other Zone Deemed Appropriate on Approximately 29 Acres Located on the East Side of Cook Street Northerly of the Whitewater Channel. Mayor Mullins declared the Public Hearing open and asked for the Staff Report. Mr. Williams reviewed the Staff Report and the exact location of the property under consideration. He stated that the Planning Commission has been considering a Change of Zone, a Tentative Tract Map, and a Conditional Use Permit on this parcel; however, they have elected to act only on the Change of Zone to give them more time to evaluate Avenue 42 and whether or not it should become a through street. Mr. Williams concluded by stating that the Commission had reviewed a letter from Indian Wells stating their opposi- tion to the Change of Zone. It was Staff's recommendation that the request be approved by Ordinance No. 192. Councilman Brush pointed out that if we leave the parcel as it is, it can be developed in the County to standards not up to what we prefer. He stated that the Council almost had to do this to assure that the City got something in there that would be suitable to the City of Palm Desert. Mayor Mullins invited input in FAVOR of the Change of Zone, and none was offered. Mayor Mullins invited input in OPPOSITION to the Change of Zone, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 192 to second reading, approving a Change of Zone from 'S' Study to S.I. (U.A.). Motion carried on a 4-1 vote, with Councilman Newbrander voting NOE. VIII. RESOLUTIONS A. RESOLUTION NO. 78-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ABSORBING THE COSTS FOR (69) ABATEMENT OF FIRE HAZARD PERTAINING TO TWO PARCELS (RESOLU- TION NO. 77-116). Mr. Bouman reported that this was some administrative clean- up. Starting about a year ago, the City stopped using the contract abatement process on nuisance and fire hazards and went to criminal action complaint forms. The two costs listed on the resolution in the amounts of $187.50 and $31.25 are from lots the City had abated, and the costs are now deemed uncollectable. By virtue of this resolution, the City will absorb the costs. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-109. Motion carried unanimously. August 24, 1978 Page 2 IX. ORDINANCES For Introduction: A. ORDINANCE NO. 193 - AN ORDINANCE OF THE CITY COUNCIL OF THE (40) CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 2.40 OF THE CODE OF SAID CITY. Mr. Bouman stated that this ordinance came on the recommenda- tion of the City Attorney following the investigation he has completed relative to the ordinance at the request of the Council. Ordinance No. 193 will remove Section 2.40 from the Municipal Code. It deals with campaign contributions and expenditures. Practically every provision has since been superseded by State Law or ruling of the Fair Political Practices Commission with the exception of one portion dealing with contribution limitations of $100 which is in our ordinance. The City Attorney feels that (a) that may be an unrealistic amount; and (b) it is probably unconstitutional. He is recommending that because of the strength of the State Law and rigid reporting requirements, that Council adopt this ordinance. Councilman Wilson moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 193 to second reading. Motion carried on the following vote: AYES: Brush, Wilson & Mullins NOES: Newbrander ABSENT: None ABSTAIN: McPherson For Adoption: A. ORDINANCE NO. 190 - AN ORDINANCE OF THE CITY COUNCIL OF THE (96) CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-1 AND R-3 (4) TO R-3 (9) ON PROPERTY LOCATED ON THE EAST SIDE OF PORTOLA BETWEEN SAN MARINO CIRCLE AND ALESSANDRO STREET. CASE NO. CZ 06-78. (Continued from Meeting of August 10, 1978) Mr. Bouman reported that the second reading of the ordinance had been continued from the meeting of August 10, 1978, as it failed to receive the three affirmative votes it required to either pass or defeat it. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 190. Motion carried on a 4-1 vote, with Councilman Newbrander voting NOE. B. ORDINANCE NO. 191 - AN ORDINANCE OF THE CITY COUNCIL OF THE (26) CITY OF PALM DESERT, CALIFORNIA, REPEALING AND ADDING CERTAIN SECTIONS OF TITLE 5 OF THE PALM DESERT MUNICIPAL CODE, PER- TAINING TO BUSINESS LICENSE TAXES. Mr. Bouman advised that this was the second reading of the ordinance, and no further input had been received. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 191. Motion carried unanimously. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None August 24, 1978 Page 3 XII. NEW BUSINESS (40) A. REQUEST FROM THE COUNTY OF RIVERSIDE that the Palm Desert City Council Authorize the Placement of an Assisted Housing Referendum on the November Ballot for the City of Palm Desert (Continued from Meeting of August 10, 1978). Mr. Bouman stated that this item had been continued from the last meeting because Staff did not have the final form of suggested wording from the County. There was some differences about whether the ballot could be specific about the measure and still identify specific communities. The proposed referendum will allow the people of Palm Desert essentially to say whether or not they are in favor of Federal and/or State assisted housing and housing rehabili- tation assistance in our city. State law requires that in order for the County of Riverside to be fully eligible for all the housing benefits from the State and Federal govern- ment, this kind of referendum must be submitted. It does not bind us in any way, and we should not feel we are forced to accept Federal assistance. It requires that if the City were to consider some of this housing that there be a full hearing before the Council, who would have to approve any housing project proposed. It allows citizens to say whether or not they favor assisted housing but does not approve the housing assistar..ce itself. Resolution No. 78-105 spells out the wording to be used and also includes a statement that the City will in no way bear the costs of this referendum. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-105 and forward to the County Board of Supervisors. Motion carried on a 4-1 vote, with Councilman Newbrander voting NOE. B. REQUEST FROM PALM DESERT DISPOSAL SERVICES, INC. For Increase (38) in Trash Collection Fees. Mr. Bouman stated that the County has just advised that they will now be charging a surcharge for dumping and refuse collection companies must pay this surcharge. In turn, the Palm Desert Disposal Service Company has requested a rate increase both for residential and com- mercial service, and in addition, under the terms of the contract, they are entitled to request a fee increase based on their higher costs of normal operation, inflation, consumer price index, etc. The proposal that has come to us from them is what amounts to a total increase of about 40% for a typical residence. As a result, Mr. Ortega has made an in-depth study which we feel is still not enough, and we are bothered that our City Attorney is not here as he helped draw up the original contract. Witi: all of this in mind, Staff would like to recommend that the Council continue the matter to their meeting of September 14, 1978. This will run by the September 1st date requested by Palm Desert Disposal as the effective date for the new rates. Councilman Newbrander moved to defer action on Resolution No. 78-111 until the meeting ofSeptember14, 1978. Councilman McPherson seconded the motion; carried unanimously. C. REQUEST FROM PORTOLA COUNTRY CLUB ESTATES for Reduction in (86) Their Subdivision Letter of Credit from $1,050,000 to $650,000. Mr. Beebe reported that this was a request from the sub- divider on Tract No. 11215-1 to reduce the amount of his letter of credit. About $500,000 worth of work is complete at this time, and he is requesting a $400,000 reduction. Approval of the City Engineer and the developer is really the only action required; however, because of the amount involved, Council was asked for their concurrence. Councilman Brush moved and Councilman McPherson seconded to concur with the approval of the reduction in the Subdivision Letter of Credit for Tract No. 11215-1; carried unanimously. August 24, 1978 Page 4 XIII. OLD BUSINESS (86) A. REQUEST FOR APPROVAL of Final Tract Map 11881, C. G. Dunham, Applicant/Developer. Mr. Beebe stated that the Tentative Tract Map was approved by the Council on February 23, 1978. The tract is 2 lots located between El Paseo and Shadow Mountain and between Lupine Lane and Sun Lodge Lane. The front portion is zoned for commercial use and the rear portion for condominium development. Mr. Beebe noted that the developer had sub- mitted a Letter of Credit which had not been satisfactory to the City Attorney's office. Therefore, he would have 60 days within which to post the necessary bonds. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-110, approving the Final Tract Map. Motion carried unanimously. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman explained that certain projects had been included in the 1977-78, but because they were not implemented, the (24) funds had gone into the year-end surplus, and they were not included in the 1978-79 budget. By Resolution No. 78-112, Staff is requesting that these projects be included in the 78-79 budget as follows: 1. Local Transportation Fund: - Property Acquisition - Monterey Widening $ 52,000.00 - Reconstruction of Monterey 150,000.00 - Storm Damage Repair - Monterey 40,000.00 2 Building Excise Tax Fund: - Architectural Fees-Southside Fire Station 20,000.00 - Community Park - Extension 25,000.00 - Community Park - Pave Parking Lot 15,000.00 $312,000.00 Mr. Bouman advised that prior to this resolution, the unobli- gated Fund Balances of the two funds were as follows: Local Transportation Fund $248,307.47 Building Excise Tax Fund $702,847.44 Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-112. Motion carried unanimously. Mr. Bouman noted that an amended meeting schedule had been prepared and submitted to the Council and the press. He asked everyone to note the new meeting dates and times. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins asked that everyone note that a Redevelopment meeting would be held immediately following the adjournment of the Council meeting. August 24, 1978 Page 5 XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the City Council Meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 7:40 p.m. n` r'i EDWARD D. MULL NS , MAYOR ATTEST: SHEILA R. GILLIGAN, CIT %%CLERK CITY OF PALM DESERT, CA'[FORNIA August 24, 1978 Page 6