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HomeMy WebLinkAbout1978-05-25MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MAY 25, 1978 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:05 p m. on Thursday, May 25, 1978, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Absent: Councilman Brush Councilman McPherson Councilman Wilson Mayor Mullins Also Present: Councilman Newbrander (excused) Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF PLANNING COMMISSIONER To Fill the Unexpired Term of F. Charles Reading, Resigned. Mayor Mullins announced that the appointment would be deferred until a full Council was present. B. PRESENTATION of Plaque of Appreciation To Mr. F. Charles Reading for His Contributions as Planning Commissioner. Mayor Mullins presented the plaque to Mr. Reading, thanking him for the many hours of dedication to the Planning Commis- sion. Mr. Reading accepted the plaque and extended his sincere gratitude to the Council. VI. CONSENT CALENDAR A. MINUTES of the May 11, 1978, Regular Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-104, 78-111, and 78-112. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF APRIL, 1978. Rec: Approve as presented. D. NOTICE OF APPOINTMENT OF DEPUTY TREASURERS BY CITY TREASURER. Rec: Receive and file. May 25, 1978 Page 1 E. MINUTES of the Manager's Hearing on Proposed Use of Federal Revenue Sharing Entitlement Held on Wednesday, May 17, 1978. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Charles P. & Joseph VETRANO for PALM DESERT LIQUORS, 74-121 Highway 111, Palm Desert, California. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Larry G. FLOWERS for CORNED BEEF CENTER, 72-837 Highway 111, Palm Desert, California. Rec: Receive and file. Councilman McPherson moved and Councilman Brush seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. CASE NO. TT 122022 Sunrise Company, Applicant: Consideration of a Request for Approval of a Tentative Tract Map to Divide Approximately 155 Acres into 33 Lots to Provide for Approxi- mately 460 Condominium Units, Common Recreation Areas, Water Well Sites and Buffer Areas on Property Generally Located East of Monterey Avenue and South of the Proposed Monterey Country Club. Mr. Williams reviewed the Staff Report outling the request. He stated that in review of this case, the Planning Commission had dealt with the major issues of increased traffic on Monterey, signalization fund contribution and the improve- ment of Magnesia Falls Drive. As a result of these dis- cussions, the Commission had approved 3 special conditions and recommended approval. Mr. Williams reviewed the special conditions. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the project. MR. JACK CONLON, President, Sunrise Corporation, addressed the Council expressing his concurrence with Staff's report and requesting approval of the Tentative Tract Map. 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 waive further reading and adopt Resolution No. 78-62, approving the Tentative Tract Map. Motion carried unanimously with the members present. B. CONSIDERATION OF AN AMENDMENT to Resolution No. 76-1 Which Established Design Evaluation Criteria and Submittal Require- ments for Projects in the City of Palm Desert by Incorporating Additional Landscaping Standards. Mr. Williams reviewed the Staff Report, indicating that the request had originated with the Design Review Board and had been approved by the Planning Commission. The additional landscaping standards requested were complete front and side yard landscaping for single family resi- dences prior to occupancy, the size and type of trees to be required, and standards to be met for landscaping in parking areas. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the Amendment. None was offered. May 25, 1978 Page 2 Mayor Mullins invited input in OPPOSITION to the Amendment, and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-63, approving the proposed amendment. Motion carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 78-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING ITS OPPOSITION TO THE HOUSING DISTRIBUTION PROPOSALS OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS. Mr. Bouman stated that this request stemmed from requests from numerous other cities in California who were experi- encing problems with the SCAG processing of Housing Dis- tribution Proposals. It is considered by many cities to be a usurption of local powers to determine their own needs. It is particularly onerous in our Valley inasmuch as we have the Coachella Valley Association of Governments which has done studies that have provided us with better and closer -to -home information. SCAG may have our interests at heart, but they are not as capable of determining our needs. Some cities have gone so far as to threaten to withdraw from the organization. However, the resolution proposed here merely points out our objections. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-64. Motion carried unanimously with the members present. B. RESOLUTION NO. 78-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A REBATE OF ONE-HALF THE COST OF DEFLECTION TESTS IN THE SILVER SPUR AREA AND MAKING AN APPROPRIATION THEREFOR. Mr. Bouman stated that this was a matter of the City keeping its promise made at the time the original request was made by Silver Spur to take their streets into our street system. Money was deposited for the purpose of conducting deflection tests with the agreement that 1/2 of the money would be refunded if the tests were good. The tests really did not cost the City anything. This resolution authorizes the appropriation of $950 to refund this money. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-65; motion carried unanimously with the members present. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 186 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.16 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO NEW CONSTRUCTION TAX (SERVICE INDUSTRIAL AND INDUSTRIAL PARK ZONES) This request for a change to the Municipal Code comes from several builders and developers who are now planning to build structures in the S.I. and I.P. zones. Mr. Bouman stated that they have pointed out an inquity in the manner in which we assess new construction tax which is now set for structures of that type at 200 per sq. ft. which is the same as for residential and commercial construction. Construction of warehouses can be accomplished from 1/3 to 1/2 the cost of residential or commercial, and if the tax is applied at the same rate, it becomes disproportionate. Also, the purpose of this tax is for parks, public facilities, etc., and construction in these areas does not generate as much need for these facilities as others do. The change would set the tax for warehouse construction at 5¢ per sq. May 25, 1978 Page 3 ft. No other provisions would change. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 186 to second reading. Motion carried unanimously with the members present. For Adoption: None .X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. FORMAL PRESENTATION OF THE 1978-79 FISCAL BUDGET, Mr. Bouman stated that the Manager had already conducted one hearing on the budget to conform to Federal law con- cerning Revenue Sharing. Formal presentation of the budget to the Council at this time allowed Council one month for consideration of the total rammifications of the dollar amount. Staff is also requesting Council action to call a Public Hearing on June 22nd and hopefully final adoption of the budget on that night. If for some reason it could not be adopted that night, there would still be one more week within which Council could further consider it and call a special meeting to adopt it. Mr. Bouman reviewed the proposed budget, including the effects anticipated if the Jarvis -Gann initiative were to pass. The entire Council expressed their appreciation to Mr. Bouman and Staff for the timely and efficient manner in which the budget had been presented this year, Councilman Brush moved and Councilman McPherson seconded to receive the Budget and authorize the City Clerk to advertise for a Public Hearing on June 22, 1978. Motion carried unanimously with the members present. B. CONSIDERATION OF A JOINT USE AGREEMENT Between the City of Palm Desert, California, and Southern California Edison Company Covering the Relocation of Southern California Edison's Distribution Facilities on Monterey Avenue. Mr. Williams stated that this agreement was in conjunction with the undergrounding project on Monterey. It allows Edison to enter the right-of-way to install the lines and eliminates the easement for the overhead poles, It has been reviewed by the City Attorney and found acceptable. Councilman Wilson moved to authorize the Mayor to execute the Joint Usage Agreement, and Councilman McPherson seconded the motion; carried unanimously with the members present. C. CONSIDERATION OF AN AGREEMENT Between the City of Palm Desert California, and Silver Spur Associates Establishing the Transfer of a Park Site to the City in Order to Comply with Section 26.15 of the Subdivision Ordinance for Total Ironwood Holdings. A letter of offer was received by Council in February, However, there was a problem regarding full ownership and two 30-day extension were granted to work this out, Since then, the applicant has advised that they will have full ownership by July 13, 1978, and it is Staff's recommenda- tion that the matter be continued to that time, with a request for a title search. Councilman McPherson moved and Councilman Wilson seconded to continue the matter to the meeting of July 13, 1978, and request a title report from Silver Spur Associates; carried unanimously. May 25, 1978 Page 4 D. REQUEST FOR APPROVAL of an 18-Month Time Extension for Tract No. 9377, Mountain Back, Applicant. Mr. Beebe reported that this tract had previously been approved by the Council. They have already completed one unit, but have just run out of time. They have requested additional time on their Tract, and Staff recommends an 18-month extension. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-66, approving an 18-month time extension for Tract No. 9377. Motion carried unanimously with the members present. E. REQUEST FOR APPROVAL OF LANDSCAPE DEVELOPMENT PROJECT FOR COMMUNITY PARK EXTENSION (Contract No. 1019). Mr. Bouman stated that this was a project for a 2-1/2 acre addition to the Community Park. It involves leveling of land, installation of a water system, installation of trees and the construction of a lawn. It will provide an open land area for soccer, touch football, etc. In Council's consideration of this matter, the Park & Recreation Com- mission has requested that the Council be aware that at one time, this portion of the Park had been considered, and a request made, for donation to the Christina Sinatra Youth Center for construction of a new facility. The Commission was not necessarily saying that wanted it there, but it is a potential site. Staff recommends proceeding with the project. Councilman Wilson stated that he did not feel that the site was large enough for the Youth Center. He felt that the Park & Recreation Commission should be directed to consider other sites. Councilman Brush stated that he did not feel that this was a good place for the new Center inasmuch as it is located very close to a new housing development. Councilman Brush moved and Councilman Wilson seconded to authorize the City Clerk to advertise for bids for Contract No. 1019. Motion carried unanimously with the members present. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL of Parcel Map #11388, Located in the Cahuilla Hills. Mr. Williams pointed out that this matter had been con- tinued from the meeting of May 11, 1978, in order for Staff to prepare more information relative to the Parcel Map. He reviewed the area in which the parcel lies, stating that the City's Zoning Ordinance can deal with future development there through the effective use of Conditional Use Permit procedures, parcel map procedures, and Design Review Board procedures. The present appli- cant is proposing no grading or cut and fill operations that would alter the natural contours of the land or result in a padding or staircase effect. Staff recommended that Council find that the Final Map is in conformance. Councilman Brush moved and Councilman Wilson seconded to approve the Parcel Map, #11388, and authorized the City Clerk to certify and record. Motion carried unanimously with the members present. B. REQUEST FOR APPROVAL of Final Tract Map 10202, Tirrie & Rimmer, Applicant. Mr. Beebe reviewed Staff's report, stating that the sub- divider had met all conditions imposed and recommending approval by Council. May 25, 1978 Page 5 Councilman Br-sh moved and Councilman Wi-,on seconded to waive further reading and adopt Resolution No. 78-67, approving the Final Tract Map for Tract No. 10202. Motion carried unanimously with the members present. C. REQUEST FOR APPROVAL of Final Tract Map 9396, Prelude Development, Applicant. Mr. Beebe reviewed Staff's report and stating that all conditions had been met by the developer. Staff recom- mended approval. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-68, approving the Final Tract Map for Tract No. 9396. Motion carried unanimously with the members present. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 78-69 - A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLU- TION NO. 78-22. Mr. Bouman stated that approximately 6 months ago, the Council had adopted Resolution No. 78-22 in which we agreed to have the County of Riverside administer some Federal Aif Off -System Funds for us. The agreement as set forth in the resolution was not worded exactly as the County wished it, and this resolution amended the wording. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-69. Motion carried unanimously with the members present. B. CITY ATTORNEY Mr. Erwin stated that he had previously mentioned to Council that the State Retirement System needed a motion from them as to the amount of time he spent as City Attorney from the time of incorporation to the present, as well as com- pensation. Councilman McPherson moved and Councilman Wilson seconded that the City Council of the City of Palm Desert determines that from November 26, 1973, to June 30, 1974, David J. Erwin spent approxi- mately 30% of his time in the position of City Attorney for the City of Palm Desert, and from July 1, 1974, through the presenttime, he spent approximately 25% of his time in said position of City Attorney. During that period of time, David J. Erwin received as compensation for general services the following sums: From November 21, 1973, to June 30, 1974 - $1,000/month; From July 1, 1974, to June 30, 1977 - $1,500/month; and From July 1, 1977, to the present - $1,650/month. Motion carried unanimously with the members present. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Brush asked Staff for an update on the recon- struction of Monterey Road as he had received numerous calls from people who didn't understand why it had not been repaired by this time. Mr. Beebe responded that the plans and specifications are now in the hands of Caltrans and that it will take from two to four weeks for their approval and that of the Federal government. Then they will come back to us for legal notice and bids. He reminded Council that there are May 25, 1978 Page 6 about 8 different agencies involved in this.reconstruc- tion and that the road will not just be repaired but reconstructed to eliminate further washouts. However, optimistically, the road will be open by August 1, 1978, and the delay will be worth it. Councilman Brush reported that he was also receiving numerous calls and complaints about the abatement program in that turning up the soil is creating many dust problems in the City. Mr. Bouman responded that unfortunately, the City does not have much control over it. We tell them to abate the problem but not how. It then is done in the most economical way which generally disturbs the surface of the ground. The program is usually conducted in April and May in preparation for the hot months when fire hazards are prevalent, and April and May are usually windy months. The answer might be to delay the program until June and July, but that will not solve the fire hazard problem. Councilman Brush reported that he had also had calls from people living near the Hidden Palms project complaining that the developer was not watering and they were being inundated by dust. Mr. Beebe responded that the project is being checked several times daily for watering and that they are complying. He stated that the complaint that this will continue for 2-3 years is not true and reviewed the actual construction schedule which covered about a 2-3 month period. Mr. Beebe stated that the contractor had damaged Deep Canyon Road near the Catholic Church, but he had agreed to participate in the correction of the problem. Councilman Wilson asked when the next Parks & Recreation Commission meeting would be held. Mr. Williams advised that it would be the last Monday in June. Mr. Wilson stated that he had read in the newspaper where the Palm Desert baseball teams had withdrawn from the C.V. Recreation and Park District, and it was his opinion that the City was getting very little return for the taxpayers' dollar. He stated that we should either get our money's worth with our taxes or we should form our own district and use it where it should be used such as the Youth Center, Senior Citizens, etc. He pointed out that Staff and Council had talked about withdrawing from the District a few years ago, and we had done nothing about it. Councilman Wilson moved to call a special meeting of the Park & Recreation Commission to tackle this thing as a major priority. Council- man Brush seconded the motion; carried unanimously with the members present. Mayor Mullins asked that everyone note the Future Meetings. XVI. ADJOURNMENT Councilman Brush moved and Councilman Wilson seconded to adjourn the meeting; motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at ATTEST: SHEILA R. GILLIGAN, CI,T CLERK 8:12 p.m. DWARD D. MULLINS, MAYOR May 25, 1978 Page 7