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HomeMy WebLinkAbout1979-04-12* * * I. MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, APRIL 12, 1979 7:00 P. M. CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * CALL TO ORDER * * * * * * * * * Mayor Mullins called the Regular Meeting of the City Council to order at 7:05 p.m. on Thursday, April 12, 1979, in City Hall Council Chambers. PLEDGE - Mayor Pro-Tempore James E. McPherson INVOCATION - Mayor Edward D. Mullins ROLL CALL Present: Councilman Noel J. Brush Mayor Pro-Tempore James E. McPherson Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Carlos L. Ortega, Assistant to the City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services L. Clyde Beebe, Director of Public Works Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE The Ensuing Year (Continued from Meeting Mrs. Gilligan, City Clerk, declared the for the office of Mayor. BY CITY COUNCIL For of March 22, 1979). nominations open Councilman Newbrander moved that Mayor Mullins be appointed to the position of Mayor for another year. Councilman McPherson offered a second to the nomination. Councilman Wilson moved for nominations to be closed. With no further nominations being offered, Mrs. Gilligan entertained a motion that a unanimous ballot be cast in favor of Mayor Mullins. Councilman Brush so moved, and Councilman Wilson seconded the motion; the following votes were cast: AYES: NOES: ABSENT: ABSTAIN: Brush, McPherson, Newbrander & Wilson None None Mullins Mayor Mullins accepted the position with the following statement: "In accepting this third term as Mayor, I wish to say that it is with great humility that I accept this honor, and I do con- sider serving as Mayor of my City to be an honor. I wish to clarify a fact that I feel everyone does not under- stand in our type of city government. The office of Mayor is only an honorary one. The Mayor alone does not set policy or direct city government. He is selected by his colleagues to act as chairman at meetings and as a City representative at April 12, 1979 Page 1 V. AWARDS, PRESENTATIONS AND APPOINTMENTS (Continued) A. (Continued) public and civic functions, and it is in this capacity that I accept the appointment. I would like to emphasize that we are in fact a team, and a team of equals, and I have asked my teammates this year to assist me in carrying out some of the duties as Mayor. I will ask each member to hold regular office hours at City Hall one day each week in the Mayor's office. Schedules will be made available to the press so citizens will know of the day they could come in and talk to the Councilmember they wish to see. In addition, they will be asked to share in appearances and functions as City representatives. I am appointing Dr. Roy Wilson to serve this year as Palm Desert's representative on the CVAG Executive Board. I hope these changes will help us to strengthen the 'team concept' at Palm Desert City Hall." Mayor Mullins declared the nominations for the office of Mayor Pro-Tempore open and nominated Councilman James E. McPherson. Council- man Wilson offered a second to the nomination and moved the nominations be closed. There being no further nominations, Mayor Mullins entertained a motion that a unanimous ballot be cast on behalf of Councilman McPherson. Councilman Wilson so moved and Councilman Brush seconded the motion; the following votes were cast: AYES: Brush, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: McPherson B. APPOINTMENT OF PLANNING COMMISSIONER To Fill The Unexpired Term of Mrs. Gloria Kelly. Mayor Mullins announced that Council had received appli- cations from some very good people and had interviewed two more of them prior to the Council meeting that night. Because of the most recent interviews not providing Council enough time to discuss all applicants, the item would be continued to the meeting of April 26, 1979. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of March 22, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-092 and 79-094. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MARCH, 1979. Rec: Receive and file. D. REQUEST FOR REFUND OF BUILDING EXCISE TAX MONIES By Mr. R. R. Finan In The Amount of $156 40. Rec: Approve the request and authorize the refund from Account No. 31-4999-000. E. REQUEST FOR APPROVAL OF FINAL TRACT MAP 11791, McBAIL COMPANY, APPLICANT. Rec: Waive further reading and adopt Resolution No. 79-27, approving the Final Tract Map. April 8, 1979 Page 2 VI. CONSENT CALENDAR (Continued) 1 F. REQUEST FOR ACCEPTANCE OF TRACT NO. 9129 AS COMPLETE, MARRAKESH BUILDING AND COUNTRY CLUB CORPORATION, APPLICANT. Rec: By minute motion, accept Tract 9129 as complete and authorize the City Clerk to release bonds for said tract. G. REQUEST FOR ACCEPTANCE OF TRACT NO. 5796z PHASES 1, 2, 3, & 4, AS COMPLETE, IRONWOOD COUNTRY CLUB, APPLICANT. Rec: By minute motion, accept the work as complete and instruct the City Clerk to file a Notice of Completion. Councilman McPherson moved and Councilman Newbrander seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE GPA 01-79, CITY OF PALM DESERT, APPLICANT: CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT GENERAL PLAN TO INCORPORATE A SPECIFIC PLAN FOR THE PALM VALLEY STORMWATER CHANNEL AREA (CONTINUED PUBLIC HEARING FROM MEETING OF MARCH 22, 1979). Mr. Williams reported that at the previous Council meeting, Staff had presented changes to the draft plan that had been forwarded to Council by the Planning Commission. Staff has prepared Resolution No. 79-36 which would adopt the Plan as recommended with changes discussed at the last meeting. He pointed out that since the last meeting, Council had received a letter from Rancho Mirage indicating their favor of the amendment with one concern dealing with density in the range of slopes exceeding 207. Our Plan speaks of 35%. Then in Study Session, Council had received a series of letters from Mr. Fox who asked that Council exclude his property from this Plan to allow them to move forward with their Master Plan for his property. In review of his plans, Staff felt it would be appropriate that Council not grant his request and incorporate his property because his con- cept, in its present state, could be developed to the City's standards. The zoning adjustments recommended by this Plan will not be presented to the Council for at least 3 months which will leave Mr. Fox with sufficient time to submit his plans. In Mr. Fox's second letter, he asks that overhead utility lines be allowed initially and buried later. This is also in accordance with Mrs. Cree's request. In his third letter, Mr. Fox suggests that any fees for bridges, etc. be collected from the commercial area. However, these fees can only be required on property which will benefit from improvements, and Staff can find no justification for imposing such fees on commercial development as they would not be direct bene- factors. In conclusion, Mr. Williams stated that it was Staff's recommendation that Council adopt Resolution No. 79-36 with the suggested revisions. Mayor Mullins invited input in FAVOR of the amendment. MRS. DORIE CREE, 500 Devon Street, Long Beach, addressed Council as a property owner in the area being discussed and expressing her favor of the amendment. However, she indicated that they were very interested in building their home in the near future and asked if she were to file for a building permit next month, could she get it or would she have to wait until the Plan and related zoning are all in effect. Mr. Williams responded that Mrs. Cree would have to apply for a Conditional Use Permit which would be processed through the Planning Commission. If approved, she could then be issued a building permit. April 8, 1979 Page 3 Mayor Mullins invited input in OPPOSITION to the Plan, and none was offered. He declared the Public Hearing closed. Mayor Mullins pointed out that a lot of work had gone into this Plan, and Paul Williams and his staff were to be con- gratulated on it. Councilman Newbrander added that it was a beautiful study which had been very well presented. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-36, amending the Palm Desert General Plan to incorporate the Palm Valley Stormwater Channel Area Specific Plan. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 79-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF CERTAIN DEEDS FOR PROPERTY PURCHASED BY THE CITY IN ACCOR- DANCE WITH THE C.O.D. SPECIFIC PLAN AND DIRECTING THE CITY CLERK TO RECORD SAID DEEDS. Mr. Ortega stated that this was another in the series of resolutions presented to Council for purchase of land within the C.O.D. Specific Plan area for the purpose of widening Monterey Avenue. We have been successful in purchasing 2 more lots for this widening, said lots being located about in the middle of Monterey Avenue. A total of 28 lots are to be purchased, and thus far, the City has acquired about 14. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-37. Motion carried unanimously B. RESOLUTION NO. 79-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR REIMBURSEMENT OF EXPENSES FOR CONFERENCE ATTENDANCE BY CITY REPRESENTATIVES. Mr. Ortega advised that the City had not had a formal policy relative to these reimbursements. From time to time, both Council and Staff must attend educational seminars or work shops. This resolution sets forth guidelines related to attendance by City representatives. Councilman Wilson stated that nothing in the Policy addressed itself to out-of-state travel. With the cost of gas and air fare, he thought Council should take a closer look at it, and he would like to see a statement relative to City Council approval before attendance is approved. Each case should be reviewed individually. Councilman Brush pointed out that each trip is specified in the budget, and approval is given at that time. Councilman Wilson stated that this was done on a departmental basis, and he would like to see a report on out-of-state travel by all departments combined, a figure he found to be frighteningly high. Councilman Brush suggested the item be taken off the Agenda for further discussion in a Study Session. Councilman Wilson also pointed out that under the section entitled "General", the term "social expenses" was weak and wide open. Who defines what is social? Mr. Ortega responded that all expenses, including social expenses, were approved not only by the Department Head involved but also by the Director of Finance, and any questionable social expense could be denied. Councilman Wilson asked that this be more specifically defined in the resolution. Councilman Wilson moved and Councilman Newbrander seconded to continue the matter of Resolution No. 79-38 to the meeting of April 26, 1979, to allow time for further discussion with Staff in Study Session. Motion carried unanimously. April 8, 1979 Page 4 VIII. RESOLUTIONS (Continued) C. RESOLUTION NO. 79-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN EMPLOYEES' DEFERRED COMPENSATION PLAN AND AUTHORIZING THE EXECUTION OF AGREEMENTS. Mr. Ortega reported that the purpose of this resolution was to enable employees to defer portions of their compensation to this type of plan. The employees' earnings are set aside and remain an asset of the City until the employee chooses to withdraw their funds for retirement or other reasons. The only minor expense to the City would be that of book- keeping. It would be administered by a Plan Administrator, generally an insurance carrier. Mr. Byers pointed out that proposals had been received from both a savings and loan bank and an insurance carrier. Councilman McPherson pointed out that he was aware of other firms dealing in this type of plan and would provide Staff with their names if so desired Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-39. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 202A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107 THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM O.S. TO PR-4 ON APPROXIMATELY 2.8 ACRES LOCATED AT THE SOUTHEAST COR- NER OF PORTOLA AVENUE AND COUNTRY CLUB DRIVE. CASE NO. C/Z 14-78 Mr. Ortega reported that this was the second reading of the ordinance, and no further input had been received. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 202A. Motion carried unanimously. B. ORDINANCE NO. 204 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM 'S' STUDY TO PR-5, S.P. (U.A.) ON APPROXIMATELY 42 ACRES AT THE NORTHEAST CORNER OF COOK STREET AND 44TH AVENUE. CASE NO. C/Z 01-79. Mr. Ortega reported that this was the second reading of the ordinance, and no further input had been received. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 204. Motion carried unanimously. C. ORDINANCE NO. 205 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-4 TO P.C. (2), AND APPROVING A PRELIMINARY DEVELOPMENT PLAN TO ALLOW 682 CONDOMINIUM UNITS ON APPROXIMATELY 202 GROSS ACRES AT THE SOUTHWEST CORNER OF COOK STREET AND COUNTRY CLUB DRIVE. CASE NOS. C/Z 03-79 AND DP 02-79. Mr. Ortega reported that this was the second reading of the ordinance, and no further input had been received. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 205. Motion carried unanimously. April 8, 1979 Page 5 X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT WITH CALTRANS FOR SIGNALI- ZATION OF EL PASEO AND HIGHWAY 74 INTERSECTION. Mr. Ortega reported that this agreement sets forth who will pay for what portions of the signal lighting. The City has been working towards this for 1-1/2 years. He deferred to Mr. Beebe for any further questions. Mr. Beebe stated that the signalization will cost the City approximately $52,000. A total of $25,000 can be taken from the City's Signalization Fund, with the remaining balance to be provided in the 1979/80 budget. He reviewed the processing procedure by the State, indicating that the State will probably call for bids in August. Possible installation of the signal will be October or November, 1979. Councilman Newbrander asked about the widening of Highway 74. Mr. Ortega responded that this is still being held in abeyance as someone in Sacramento had decided that an EIR was required. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-40, authorizing the Mayor and City Clerk to execute the Agreement with Caltrans for the construction of the signalization project. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS MR. RUSS JOHNSTON, 73-266 Goldflower Street, Palm Desert, addressed Council as President of Desert People United. He first pointed out an error in a legal notice appearing in the Palm Desert Post that date wherein it read that Council would consider approval of "653 units per acre". Mr. Johnston stated that on December 19, 1978, Desert Peoples United had sent a letter to the City Council wherein they expressed concerns over the future planning of the Coachella Valley County Water District. They did not want to see Palm Desert faced with the same problem Palm Springs had whereby they found their waste water treatment plant at or near capacity resulting in a building moratorium and finally a make- shift arrangement for temporarily permiting septic tanks. He stated that the recent CVCWD annual report states as of June 30, 1978, a daily capacity in the Palm Desert Regional Water Recla- mation Plant of 2.5 million gallons. It also lists the daily flow as of June 30 at 1.14 million gallons — almost half capacity. It lists "active service" to 5,437. In view of the 166% increase in building activity in Palm Desert, these concerns need to be addressed. He pointed out that his letter had asked 6 questions: (1) What specific plans does CVCWD have to keep ahead of new connections and increased daily flow? (2) On what information are these plans based? (3) How long it would take to materially expand the present plant? (4) How much would this expansion cost, how it would be funded, and how long would it take to secure the funds? (5) How does sewerage from other valley cities and unincorporated areas affect the ability of the CVCWD Cook Street plant to serve Palm Desert? and (6) How is the present (and projected increase) effluent dis- posed of and what studies exist to show either harmful or non - harmful effects of spreading the effluent above our underground water? April 8, 1979 Page 6 XIV. ORAL COMMUNICATIONS (Continued) 1 Mr. Johnston pointed out that this letter had been forwarded to the Water District by the City Council on January 10, 1979. In talking with Mr. Bouman, City Manager, as recently as a few days ago, these questions have still not been answered. He stated that they have waited patiently, but they felt that 5 months since their letter to the City and 4 months since its transmittal to the Water District is ample time. He stated they were looking for answers, not publicity, but this may be the only way to get anwers from the District. He concluded that the City Council and the citizens of this City have every right to these answers in a timely manner. Mayor Mullins stated that Staff has been in contact with the Water District on two different occasions relative to receiving these answers and hoped that this might stimulate a response. MR. FREDERICK THON, 45-390 Garden Square, Palm Desert, addressed Council expressing his appreciation for their service and stating they were a remarkable team. He stated that it had occurred to him that in budget preparation, the Council might consider a "state of the City" report to keep citizens advised of what future plans are being made for Palm Desert as well as what has already transpired. XV. REPORTS AND REMARKS A. CITY MANAGER - None B. CITY ATTORNEY Mr. Erwin reported that he had received a copy of the State Supreme Court ruling relative to outdoor advertising. He stated that he had reviewed it but had not yet had the opportunity to review it with Mr. Bouman and Mr. Williams in an effort to put together a full report from Staff to the City Council. It does appear, however, that the opinion substantiates and upholds this City's sign ordinance as it exists at the present time. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman McPherson remarked that it was sad that an organization such as Mr. Johnston's would have to write letters to the C.V. Water District to get results. He felt that "you and I" should be able to call and get those answers from them. It is inexcusable to have to go to such extremes to get that kind of information. It is too bad that people have to resort to public criticism in yet another attempt to get simple answers. Mayor Mullins asked that everyone note the Future Meetings listed on the Agenda. XVI. ADJOURNMENT Councilman Brush moved and Councilman McPherson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:00 p.m. ATTEST: SHEILA R. r,tILIGAN, TY CLERK EDRARD D . IvaJ Z, S , MAYOR April 8, 1979 Page 7