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HomeMy WebLinkAbout1978-06-22MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 22, 1978 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the City Council to order at 7:10 p.m. on Thursday, June 22, 1978, 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 McPherscn Councilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Also Present: Carlos Ortega, Assistant to the City Manager Paul A. Williams, Director of Environmental Services David Erwin, City Attorney Paul Byers, Director of Management Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MEMBER TO DESIGN REVIEW BOARD To Fill Vacancy Created By The Resignation of Mr. George Minturn. Mayor Mullins announced that the appointment would be con- tinued to the meeting of July 13, 1978, to allow Council more time to review applications and also to extend the period of time in which residents could apply for the position. B. PRESENTATION OF PROCLAMATION Mayor Mullins presented a Proclamation to Mr. Lou Brandi, Manager of the Bank of America in Palm Desert, commending them for the excellence in design of their new facilities to concur with the Redevelopment Plan. VI. CONSENT CALENDAR A. MINUTES of the June 8, 1978, Regular Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 78-114. Rec: Approve as.presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MAY, 1978. Rec: Approve as presented. June 22, 1978 Page 1 D. LETTER From Mr. and Mrs. Joe Jaffe Urging the City's Support of the Christina Sinatra Youth Center's Request for Funding. Rec: Receive and direct the City Manager to respond. E. LETTER From Ms. Cheryl Moore, 43-700 Carmel Circle, Palm Desert, California, Urging the City's Support of the Christina Sinatra Youth Center's Request for Funding. Rec: Receive and direct the City Manager to respond. F. LETTER OF RESIGNATION from Mr. Stephen A. Fleshman As Member of the Parks & Recreation Commission. Rec: Receive and file. G. REQUEST FOR REFUND By Mrs. Clifford Clupper In the Amount of $440.37 For Unused Building Permit. Rec: Approve the refund and authorize payment from Account No. 31-499-801 and No. 11-4970-000. H. CLAIM From Mr. John T. King, 500 N. Cahuilla Road, Palm Springs, California, In The Amount of $700. Rec: Deny the claim and instruct the City Clerk to so advise the Claimant. Councilman Newbrander moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. TT 12556, TRANSCOPIC DEVELOPMENT CORPORATION, Appli- cant: Consideration of a Request for Approval of a Tentative Tract Map To Create an 81-Lot Subdivision To Provide for 80 Condominium Units and Common Open Space at the Northwest Corner of Cook Street and 44th Avenue. Mayor Mullins declared the Public Hearing open. Mr. Williams reviewed the Staff Report and stated that the Planning Commission did recommend approval by their Resolu- tion No. 363. He pointed out that the subject Tentative Map did conform with Chapter 26 of the Municipal Code and the State of California Subdivision Map Act; it does comply with the adopted General Plan and Zoning Ordinance; the site is physically suitable for the proposed development and proposed density; and the design of the subdivision and the proposed improvements are not likely to cause substan- tial environmental damage or serious health problems. For these reasons, Staff did recommend approval, subject to a number of conditions including the applicant's participation in a signalization fund and provision for drainage at the corner of the subject site. Mayor Mullins invited input in FAVOR of the project. Mr. Bill Lowe, representative for Transcopic Corporation, addressed Council expressing his concurrence with the Staff Report and requesting approval of the Map. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Councilman McPherson seconded to approve the Tentative Tract Map by adopting Resolution No. 78-74. Motion carried on a 4-1 vote with Councilman Newbrander voting NOE. June 22, 1978 Page 2 B. CASE NO. TT12725, WILLARD T. JORDAN, Applicant: Consideration of a Request for Approval of a Tentative Tract Map to Create a 5-Lot Subdivision to Provide for 4 Condominium Units and Common Open Space on a .42 Acre Parcel Located East of Highway 74, North of Verba Santa. Mayor Mullins declared the Public Hearing open. Mr. Williams reviewed the Staff Report, stating that the Planning Commission, by Resolution No. 364, did recommend approval. Approval is subject to a number of conditions including improvement of the Frontage Road and undergrounding of utilities. Staff also recommended approval. Mayor Mullins invited input in FAVOR of the project, and none was offered. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Wilson seconded to approve the Tentative Tract Map by adopting Resolution No. 78-75. Motion carried on a 4-1 vote with Councilman Newbrander voting NOE. C. CASE NO. TT 9144, DEEP CANYON LTD., Applicant: Considera- tion of a Request for an Extension of Time on the Approval of a Tentative Tract Map for 212 Single -Family Residences on 47.05 Acres, Generally Located South of 44th Avenue and East of Deep Canyon Road. Mr. Carlos Ortega stated that Southwest Engineering Company of Riverside, agents for Deep Canyon Ltd., is requesting an extension of Tentative Tract No. 9144, better known as the Hidden Palms Project. Staff's recommendation is for approval of the 12-month extension based on justification submitted in the transmittal letter included in the Agenda packet. He advised that Mr. Williams could answer any questions Council might have. Mayor Mullins invited input in FAVOR of the extension. Mr. Gair Bruton addressed Council on behalf of Southwest Engineering. He explained the difficulties they had experienced in preserving the date palm trees and the measures they were taking to meet the City's requirements to preserve some of the grove in which the development was taking place. He requested Council's approval of the extension. Mayor Mullins invited input in OPPOSITION to the extension, and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-76, approving the extension of time. Motion carried unanimously. D. CONSIDERATION OF A RESOLUTION Authorizing the Staff to Initiate an Acquisition Program to Acquire Real Property Within the College of the Desert Area In Order to Change the Street Pattern Within the Area and Provide for Recrea- tional Facilities as Prescribed by the College of the Desert Area Specific Plan. Mayor Mullins declared the Public Hearing open. Mr. Ortega stated that the College of the Desert Plan, adopted by the City in the early part of 1978, includes within it certain parcels of land designated for public use and selected to be acquired by the City. Resolution No. 78-77 is part of the process by which the City obtains authority to obtain private property. He advised that Mr. Williams could answer more particular questions if Council had any. June 22, 1978 Page 3 Mayor Mullins invited input in FAVOR of the resolution. Mr. E. V. Irving, Indian Springs Unit #20, Palm Desert, addressed Council stating that he owned property in this area and that the next time the Council declared a mora- torium, they should advise the property owners. He had been trying to sell his property and did not know that building was temporarily prohibited. Mr. Williams responded by outlining the notification pro- cedure and stating that all property owners had been sent notification during the hearings. However, he explained to Mr. Irving that this was merely a legal step in the process for the City to obtain these parcels of property, and Mr. Irving would be notified personally relative to negotiations on the actual purchase. Mayor Mullins invited input in OPPOSITION to the resolution, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-77. Motion carried unanimously. E. RECOMMENDATION BY THE CITY MANAGER for Adoption By the Palm Desert City Council of a City Budget for Fiscal Year 1978-79. Mr. Ortega stated that a Public Hearing on the City's budget is required to fulfill one of the requirements of the Federal Revenue Sharing regulations. For Fiscal Year 1978-79, the City of Palm Desert can expect to receive $93,500 of Federal Revenue Sharing Funds. This sum, plus $32,000 carryover from Fiscal Year 1977-78, is available for expenditure and has been recommended by the City Manager to defray part of the cost for the Sheriff's contract services. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the budget. None was offered. Mayor Mullins invited input in OPPOSITION to the budget, and none was offered. He declared the Public Hearing closed. Councilman Wilson stated that following Study Session dis- cussion, his major concern was the fact that basically, the entire State is in question as to what is going to happen to governmental financing as a result of the Jarvis Amendment. Those answers will be forthcoming soon, possibly within the month. We are very fortunate that we have no property tax, but we don't know what will happen relative to our service contracts with other governmental agencies. In light of this and even though the cost -of -living adjust- ment proposal was very modest, he stated that he would like to see the matter continued until August until we can see what the post -Jarvis effects will really be. Mayor Mullins stated that he did not feel that we will know the total picture even in August, and he hated to see Council hold the matter over. We know we will be affected in the Redevelopment Area; however, he did not believe the City would suffer as a result of Jarvis. Councilman Newbrander expressed her concurrence with Councilman Wilson. Councilman Brush expressed concern relative to some of the classification changes and stated he would like to see the matter continued for further dis- cussion. Councilman Brush moved and Councilman Newbrander seconded to continue the matter to an adjourned meeting on June 29, 1978, at 7:00 p.m. The motion was defeated by the following vote: Ayes: Brush & Newbrander Noes: McPherson, Wilson & Mullins June 22, 1978 Page 4 Councilman McPherson stated that our City was very unique in its financial situation. We are not directly affected by Jarvis. Staff has done an outstanding job in the past two years, and in view of the fact that they did not receive a cost -of -living adjustment last year, he felt it was more important to grant the adjustment than to possibly add a new program. The entire Council concurred that Staff was deserving of the cost -of -living adjustment. Councilman Brush stated his support of the addition of a Planning Assistant and a Building Inspector. He felt that we have done adequate planning — better than any other city in the Valley. With the anticipated increase in development this coming year, we will need the extra people to maintain our good work. He stated he had a few questions relative to the Chamber request, and Mayor Mullins felt this might be a good time to review it. MR. DON McNEILLY, Manager of the Palm Desert Chamber of Commerce, explained that the Chamber would not be able to function without the City's assistance. In response to Councilman McPherson's question relative to the $10,000 carryover that appeared on the Profit and Loss Statement, he pointed out that their fiscal year ended December 31st while the City's ended on June 30th. Therefore, while the carryover appears now, it will be expended by December 31st. Discussion followed wherein the Chamber activities were reviewed. Councilman McPherson moved and Mayor Mullins seconded to waive further reading and adopt Resolution No. 78-78, adopting a Budget for the Fiscal Year July 1, 1978, to June 30, 1979. The motion was defeated by.the following vote: Ayes: McPherson & Mullins Noes: Brush, Newbrander & Wilson Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-80, but that any funds represented by Resolution No. 78-80 which are an increase over Resolution No. 77-149 be put in an unallocated contingency reserve until it is reviewed in August, at which time any range adjustments will be made retroactive to July 1, 1978. Councilman McPherson explained that adoption of the budget did not automatically grant any increases, merely set the money aside. Therefore, he felt the motion was unnecessary. Council- man Wilson withdrew his motion, and Councilman Newbrander with- drew her second. Councilman McPherson moved to waive further reading and adopt Resolution No. 78-78, adopting a budget for the Fiscal Year 1978-79. Councilman Brush seconded the motion. The motion carried on a 4-1 vote with Councilman Newbrander casting a NOE vote. VIII. RESOLUTIONS A. RESOLUTION NO. 78-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A TABLE OF AUTHORIZED POSITIONS FOR THE 1978/79 FISCAL YEAR, Dave Erwin pointed out that this resolution and the following resolution should be enacted together in that one would not work without the other. Councilman McPherson moved to continue action on Resolution No. 78-79 and 78-80 to an adjourned meeting on June 29, 1978, at 7:00 p.m. and to further direct Staff to prepare further backup to support them. Councilman Wilson seconded the motion; carried unanimously. June 22, 1978 Page 5 C. RESOLUTION NO. 78-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANIZATION KNOWN AS "PALM DESERT ANNEXATION NO. 5", PURSUANT TO SECTION 35140 OF THE STATE GOVERNMENT CODE, Mr. Ortega stated that the proposed annexation includes approximately 1,050 acres of undeveloped land lying north of and adjacent to the existing City limits. This annexa- tion extends the City limits northerly to Country Club Drive and falls under the new annexation guidelines effective January 1, 1978, requiring a plan for services for the proposed annexation. He stated that Mr. Williams could answer any further questions Council might have. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-81. Motion carried unanimously. D. RESOLUTION NO. 78-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING A ONE-YEAR CONTRACT WITH THE PALM DESERT CHAMBER OF COMMERCE, EFFECTIVE JULY 1, 1978, AND APPROVING PAYMENT OF $15,000. Mr. Ortega stated that as indicated during the budget dis- cussions, this was an extension of the existing contract with the Chamber of Commerce. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-82. Motion carried on a 4-1 vote with Councilman Newbrander casting a NOE vote. E. RESOLUTION NO. 78-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SELECTING THE PROCEDURE TO BE FOLLOWED IN THE ENFORCEMENT OF THE REMOVAL OF SIGNS PURSUANT TO THE AMORTIZATION PROGRAM SPECIFIED IN CHAPTER 25.68 OF THE MUNICIPAL CODE. Mr. Ortega explained that this resolution establishes a procedure to be used in the enforcement of the removal of signs. It provides that failure to abate shall be a misdemeanor and carries a fine of $500 and/or a six-month jail term. Dave Erwin pointed out that the resolution recommends using Step "A" inasmuch as he did not like to see City Staff going onto private property and removing signs without a court order, plus it would be extremely expensive. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-83. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None June 22, 1978 Page 6 XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega introduced Resolution No. 78-84 which authorized an advance from the City of $750,000 to the Palm Desert Redevelopment Agency at a rate the City could earn. The interest to be charged will be based on bids for interest rates to be received by the City on July 29, 1978. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-84. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson stated that at the joint Study Session of the Park and Recreation Commission and City Council, the idea was discussed of forming a Palm Desert Recreation Association. The idea was further discussed in terms of perhaps the first step in exploring it was forming an advisory committee to the Park & Recreation Commission of our City to help review different ideas in the community. He stated that he would like to suggest that the City put out the word that we are trying to form such a committee and call for volunteers. He asked if this could be placed on the Agenda for the meeting of the 29th. Mr. Ortega advised that it would be. Councilman Wilson also pointed out that there was a vacancy on the Parks & Recreation Commission and asked the press to let everyone know that the Council would be reviewing appli- cations of anyone interested in serving in this capacity. Mayor Mullins asked that everyone note the future meetings listed on the Agenda. At Council's request, it was noted that the Study Session of June 29, 1978, would commence at 5:00 p.m. rather than 5:30 p.m. XVI. ADJOURNMENT Councilman Wilson moved and Councilman McPherson seconded to adjourn the meeting to June 29, 1978, at 7:00 p.m. in City Hall Council Chambers. Motion carried unanimously. Mayor Mullins adjourned the meeting at 9:15 p.m. I u 1i DWARD D.,MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, CityUCler City of Palm Desert, California June 22, 1978 Page 7