Loading...
HomeMy WebLinkAbout1978-10-12MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 12, 1978 CITY HALL COUNCIL CHAMBERS I CALL TO ORDER Mayor Mullins convened the regular meeting of the Palm Desert City Council at 7:02 p.m. on Thursday, October 12, 1978, in the City Hall Council Chambers. II PLEDGE - Mayor Pro-Tempore Jim McPherson III INVOCATION - Mayor Ed Mullins IV ROLL CALL Present: Absent: Councilman McPherson Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: Councilman Brush (excused) Carlos Ortega, Assistant to the City Manager Dave Erwin, City Attorney Paul Williams, Director of Environmental Services Clyde Beebe, Director of Public Works Paul Byers, Director of Management Services V AWARDS, PRESENTATIONS AND APPOINTMENTS A. Mayor Mullins presented a Proclamation to Hank Clark, Board Member of Palm Springs Desert Museum, proclaiming the week of November 1 through November 7 as Palm Springs Desert Museum Week, in observance of their 40th anniversary. VI CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of September 28, 1978. Rec: Approve as presented B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-033 and 79-034. Rec: Approve as presented C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF SEPTEMBER, 1978. Rec: Approve as presented D. THANK YOU NOTE from Mr. George Minturn for the Resolution of Appreciation given him by the Council. Rec: Receive and file E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By RADOMIR R. MILICEVIC, for CORNED BEEF CENTER, 72-837 Highway 111, Palm Desert, California Rec: Receive and file October 12, 1978 Page 1 VI CONSENT CALENDAR (Cont.) F. REQUEST FOR REFUND from MR. JOE CORER in the Amount of $241.27 for an Unused Permit. Rec: Authorize the Refund from Account #11-4980-000 Councilman McPherson moved and Councilman Wilson seconded to approve the Consent Calendar as presented. Motion carried, 4-0 vote. VII PUBLIC HEARINGS A. CONTINUED CASE NOS. TT 12181-1, TT 12181-2, AND 147 MF, LEWIS HOMES, APPLICANT: (Continued from Meeting of September 28, 1978) TT 12181-1 - A Tentative Tract to Create a 31 Duplex Lot Subdivision on a 10.7 Acre Portion of the Subject Property Which is Located in the R-2(5), S.P. (Single Family - 5,000 Sq. Ft. Min. Per Dwelling Unit, Scenic Overlay) Zone District Adjacent to Portola Avenue. TT 12181-2 - A Tentative Tract to Create a 73 Lot, Single Family Subdivision on a 17.9 Acre Portion of the Subject Property Located in the R-1 (Single Family-8,000 Sq. Ft. Min. Lot Size) and R-2 (5) S.P. Zone Districts. 147MF - Preliminary Design Review for the Proposed 73 Single -Family Lots to Consist of Four Different Floor Plans with Each Having Four Different Elevations. Rec: A) By Resolution No. 78-119, approve TT 12181-1, subject to Conditions. B) By Resolution No. 78-120, approve TT 12181-2, subject to Conditions and approve the preliminai Design Review Case No. 147MF. Mr. Paul Williams reviewed the Staff report, stating that thi: matter was continued from the meeting of September 28th, to allow the Director of Public Works to view the property. He noted a minor change in Map No. 2, which was to tie a pro- posed cul-de-sac off Portola Avenue to San Pasqual Avenue. Further, that adjustments have been made in order to meet the Zoning Ordinance lot size minimum, but that there were still substandard lots on both maps. He also noted that Map No. 1 was revised, showing a sewer easement removed,which had been shown in error. Mr. Williams stated that Staff recommends approval by Resolution Nos. 119 and 120, as was presented in detail at the meeting of September 28, 1978. Mayor Mullins declared the Public Hearing open and asked for input in FAVOR of the request. MRS. BETTY WILLIAMS, Division Manager for Lewis Homes, stated their agreement with the Staff Recommendation and requested approval. Mayor Mullins invited any further input in FAVOR. MR. STANLEY SAYLES, Palm Desert Community Services District, stated that he was in favor; however, there was a question as to overlapping of facilities on the map, in reference to this development which is in their area, annexed and approved by LAFCO. He requested Council to make a condition for that development - that CVCWD may not infringe in their District in regards to water. DAVID ERWIN, City Attorney, stated that it is outside the jurisdiction of the Council to make the agency designation October 12, 1978 Page 2 VII. PUBLIC HEARINGS - Lewis Homes (Cont.) for service in a particular area. Mayor Mullins stated he felt it was not within the Council's prerogative to get into a dispute between the two Water Districts. Mrs. Williams regretted the fact that they were in the position of being a pawn between the two Water Districts. She further stated that they had checked with Paul Williams as to their obligations and it was pointed out that this was at their election. Since CVCWD offered sewer and water service, was of a convenient location, and economically feasible,that was their election and they had written and advised Stanley Sayles of such a decision. Stanley Sayles requested Council to hold up the Tract until this dispute was settled. Dave Erwin stated the City's responsibility to provide fire protection and to set the standards but that it does not have the authority to control. Councilman McPherson suggested the three parties get to- gether as soon as possible to work out this matter. MR. ROBERT MAINIERO stated that the City does have some control over this matter, as they would be the ones signing the final map. Betty Williams said they would be happy to meet with the Coachella Valley County Water Department and Palm Desert Community Services to work out a solution to this long festering problem and that she felt the problem should not be settled during Council. MR. DONALD EPPS, San Luis Rey, stated he felt it misleading to say the developer could elect the agency. He stated this particular Case was in the Community Services District, and by law should use the services of this district. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved that subject to conditions, Resolutior No. 78-119 be adopted, approving TT 12181-1. Councilman Wilson seconded. Motion carried unanimously with the members present. Councilman McPherson moved to adopt Resolution 78-120, subject to conditions, approving TT 12181-2 and the preliminary Design Review Case No. 147MF. Councilman Wilson seconded. Motion carried, 4-0 vote. VIII. RESOLUTIONS A. RESOLUTION NO. 78-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF REVENUE RECORDS FROM THE CODE ENFORCEMENT DIVISION THAT HAVE BEEN MICROFILMEI Carlos Ortega explained to Council that this was a house- keeping item in accordance with the government code and recommended this Resolution be adopted. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-124. Motion carried unanimously with the members present. B. RESOLUTION NO. 78-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING CERTAIN GRANT DEEDS FROM SILVER SPUR CORPORATION AND AUTHORIZING THE CITY CLERK TO RECORD SAME. Carlos Ortega stated this Resolution provides for the October 12, 1978 Page 3 VIII. RESOLUTIONS (Cont.) acceptance of certain deeds for a future street when Portola Avenue is vacated on the Western portion, and also for the Fire Station site. Staff recommended both deeds be accepted. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-125. Motion carried,4-O vote. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUED BUSINESS None XII. NEW BUSINESS A. FINALIZATION OF UNDERGROUND DISTRICT NOS. 4 AND 5. Rec: By Resolution No. 78-126 and Resolution No. 78-127, authorize the advance of City funds to accomplish Underground Districts No. 4 and 5 and authorize the City Manager to enter into any necessary agree- ments for the City with the Southern California Edison Company. Paul Williams reviewed the Staff report stating that the two Districts were created almost a year ago. One District is off Portola and the other off Sage Lane. Part of the cost will be funded by the Agency. They will be preparing an estimate. Upon completion of the Project, a public hearing will be conducted to determine the City's share of the cost and the amount to be assessed to the Property owners. MR. KERMIT MARTIN, Area Manager, Southern California Edison, stated that construction would begin within approximately two weeks, and should be completed within two months. Mr. Williams asked Council's approval of this Project by adoption of Resolution Nos. 78-126 and 78-127. Councilman McPherson moved to adopt Resolution Nos. 78-126 and 78-127. Councilman Newbrander seconded. Motion carried on a 4-0 vote. B. REQUEST FOR AUTHORIZATION for a Response Letter to the Coachella Valley County Water District's Request for Comments on a Draft EIR, Titled: "Flood Control Works for Palm Desert - Rancho Mirage - Indian Wells". Paul Williams announced that Staff had received the first EIR Bechtel Report and had prepared a list of suggested corrections. He requested Council's concurrence. Noted concern how this would affect the Living Desert Reserve. Councilman Newbrander stressed the importance of preserving the Living Desert Reserve. October 12, 1978 Page 4 XII. NEW BUSINESS (Item B.) Contd. Mr. Williams requested Council's authorization to respond to the Coachella Valley County Water District's request for comments. Councilman Wilson moved to authorize Staff to forward a response letter containing comments on the draft EIR and to offer testimony at the Public Hearing scheduled for October 17, 1978. Councilman Newbrander seconded. Motion carried unanimously with the members present. C. DISCUSSION OF CITY PARTICIPATION in the 5th Year Housing and Community Development Program. Carlos Ortega announced that a press release had been sent out, inviting all interested organizations and citizens to present ideas and to suggest projects that could be funded under the Federal Community Development Block Grant Program for 1979-80. He said a list will be submitted to Council in two weeks as to the input created by the act. He stated a public hearing was not necessary, but that an open meeting should be held to receive input. Also suggestions would be received any time during regular business hours at City Hall, He further stated that some of the projects funded under this program for the current year include the Drainage projec- in the Rancho Road and San Pascual areas and the Census. Mayor Mullins called for suggestions from the audience. MR. FREDERICK THON, 45-390 Garden Square, proposed to Council that they allocate monies for drainage purposes in the Garden Square neighborhood. He stated that building is about to begin in the area,and unless preventive measures are taken now,they could face severe flooding problems. MR. HENRY WITHROW, Director of the Retired Senior Volunteer Program (RSVP), proposed the construction of a multi -purpose senior citizens center at the proposed civic center complex near College of the Desert. Mayor Mullins asked for any other suggestions. There were none at this time. Councilman McPherson moved and Councilman Wilson seconded to receive the City Manager's report and public input relative to projects that should be submitted. Motion carried unanimously with members present D. REQUEST TO VACATE a Portion of the Old Highway 74 Passing on the Southerly Side of Sambo's Restaurant, Easterly of Highway 74. Mr, Clyde Beebe, Director of Public Works, stated that he had received a request by Hughes Investment for the vacation of a portion of the Old Highway 74 by the City of Palm Desert. The vacation of the Southerly portion was done in 1974. He requested Council's adoption of Resolution No. 78-128 to declare the City's intention to vacate a portion of said street and set a time and place for a hearing. Councilman McPherson moved and Councilman Newbrander seconded to adopted Resolution No. 78-128, approving the vacation. Motion carried. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None October 12, 1978 Page 5 XV. REPORTS AND REMARKS A. CITY MANAGER Carlos Ortega, Assistant to the City Manager, stated that they had presented Council with the Auditor's report according to the Municipal Code. He referred to Mr. Paul Byers, Director of Management Services for remarks. Mr. Byers stated that the records were in complete accord with the Auditor's report and that there were no findings for dispute. B. CITY ATTORNEY None C, MAYOR AND MEMBERS OF THE CITY COUNCIL. None FUTURE MEETINGS: Carlos Ortega noted that there would be a joint meeting of the City Council/Planning Commission starting with a Study Session at 5:30, on October 18, 1978, and that there would be no Study Session on October 19th. XVI. ADJOURNMENT Councilman Wilson moved and Councilman Newbrander seconded to adjourn the meeting. Motion carried. Mayor Mullins adjourned the meeting at 7:55 p.m. ATTEST: ^(/1 k�ctX� DEL CLAUSSEN, DEPUTY CI11Y CLERK CITY OF PALM DESERT, CALIFORNIA October 12, 1978 D. MULLINS, MAYOR Page 6