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HomeMy WebLinkAbout1979-04-26MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, APRIL 26, 1979 CITY HALL COUNCIL CHAMBERS :c ' * * * k * * * * :. -c :'c ;; k :c ;; :c .. :c :c :c ;: * I. CALL TO ORDER J` * Mayor Mullins called the meeting to order at 7:10 p.m. on Thursday, April 26, 1979, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore James E. McPherson INVOCATION - Mayor Edward D. Mullins IV. ROLL CALL V. VI. Present: Excused Absence: Councilman Noel J. Brush Councilman Alexis D. Newbrander Councilman James E. McPherson Mayor Edward D. Mullins Also Present: Councilman S. Roy Wilson Martin J. Bouman, City Manager Dave Erwin, City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance L. Clyde Beebe, Director of Public Works AWARDS, PRESENTATIONS AND APPOINTMENTS A. APPOINTMENT OF PLANNING COMMLSSIONER To Fill The Unexpired Term of Mrs. Gloria Kelly (Continued from meeting of April 12, 1979). Mayor Mullins asked for a continuance of this item to the next Council meeting due to the absence of Councilman Wilson, as so many good people had applied and he would like Council- man Wilson to be a part of the selection. Councilman Brush did state that he felt they should make a selection soon. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of April 12, 1979. B. Rec: Approve as presented CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand 79-093, 79-101, 79-102 and 79-103. Nos. Rec: Approve as presented C. REQUEST FOR APPROVAL From The Department of Environmental Services For The Destruction of Files That Have Been Micro- filmed. Rec: Waive further setting forth tion of files Services. reading and adopt Resolution No. 79-41, its findings and authorizing the destruc- from the Department of Environmental 1 VI. CONSENT CALENDAR (Continued) D. LETTER OF RESIGNATION From Mr. John A. Hill From His Position On The Parks and Recreation Commission. Rec: Receive with regrets. E. REQUEST FOR APPROVAL OF FINAL TRACT MAP NO. 13407-1, COVINGTON/KAVANAUGH, INC. Rec: Waive further reading and adopt Resolution No. 79-42, approving the Final Tract Map and author- izing the Mayor and City Clerk to execute the Agreement. F. REQUEST FOR APPROVAL OF FINAL PARCEL MAP NO. 13406, LOS COCINEROS, LTD., APPLICANT. Rec: Waive further reading and adopt Resolution No. 79-43, approving the Final Parcel Map. G. REQUEST FOR APPROVAL OF FINAL PARCEL MAP NO. 13559, PDR ASSOCIATES, APPLICANT. Rec: Waive further reading and adopt Resolution No. 79-44, approving the Final Parcel Map and accepting Lots A and B for public street purposes. Mayor Mullins requested that Item "D" be removed for discussion under Section X, Consent Items held over. Councilman McPherson moved and Councilman Newbrander seconded to approve the Consent Calendar as presented with the exception of Item "D". Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. CASE NO. TT 13881, DAME'-DOTY DEVELOPMENT COMPANY, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW 653 DWELLING UNITS AND GOLF COURSE IN THE PR-5 (PLANNED RESIDENTIAL, MAX. 5 D.U./AC.) ZONE ON APPROXIMATELY 238 ACRES LOCATED ON THE WEST SIDE OF PORTOLA AVENUE AND NORTH OF THE WHITEWATER STORM CHANNEL. Paul Williams explained for Council that Portola Avenue would be extended to Hovely to allow two exit points, and that it would be improved by the Developer along his frontage. He said that members of the Staff had met that day with the Applicants and had discussed the Special Conditions No. 2 and No. 5, which the Planning Commission had determined should be referred to Council. Applicant has agreed to make adequate improvements in the Whitewater Storm Channel as a part of the construction. Conforms to standards and Staff recommended approval by Res. 79-45. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the request. MR. RICHARD DOTY, 43 Barcelona, Rancho Mirage, addressee Council, expressing his appreciation for the effort the Staff had put forth. He stated that he would like to have it read into the record a clarification that this project will not be condominiums; rather it would be a Planned Residential or Planned Unit development. He re- ferred to Special Condition No. 5, stating that he had two issues he would like discussed. One, being the acreage in the Whitewater Channel. He stated he felt this area should not be included in the $1500 per acre Drainage fund requirement, as they had no plans for it and it would be considered open space. The second being the timing as to how paid. He referred this matter to his Counsel, Mr. Irving LuBay. April 26, 1979 - 2 VII. PUBLIC HEARINGS (Continued) MR. IRVING LUBAY stated they were of the understanding that the fee would be calculated and determined, excluding some 20-30 acres in the Wash. Cash would be put up or bond posted, which could not be called upon before they get into the 4th phase, or 18 months which would be about October 30, 1980. Mr. Doty explained that they were in agreement with the im- provement of the extension of Portola to Hovely and wanted to clarify that the street would be two -traffic lane width at their property boundary, grading would follow the existing terrain and it would be a temporary type paving, to be main- tained by them during the course of their construction. Mayor Mullins invited input in OPPOSITION; there being none, he declared the Public Hearing closed. Councilman Brush said he had several questions of staff, either before or after the meeting. He felt if this developer were relieved of the Drainage fee in the wash, other developers should receive the same consideration. He stated the same should apply as to the timing of payment of fees. He questioned if Portola would be improved to City Standards all the way to Hovely Lane. Mr. Bouman explained that in some cases there will be develop- ment in the form of golf courses. In this case there may be a driving range, but it would be pretty much left in its natural state. As far as the timing of payment, the rationale is similar to that of the Flood control project with Rancho Bella Vista. The sum of $300,000 cash deposit would tie up the cash flow of the developer while the acceptance of bond would guarantee the City its money. He explained further that the City required minimum standard on the road as this is being done only as an emergency access and that the major storm drain may come down this road and it would have to be torn up anyhow. Councilman Newbrander questioned if the developer would not be bound to contribute to the Portola improvement, and Mr. Williams responded that they would fully improve Portola along their frontage Mayor Mullins stated that developers should be exempt from the drainage fee along the Wash, and that this project would establish that. Clyde Beebe explained that the exact acreage to be exempt would be determined and done by deed. Councilman McPherson moved to amend Special Condition No. 5 to include, approximately 30 acres in the Wash to be exempt from Drainage Fees, and to adopt Resolution 79-45, approving Tract No. 13881. Councilman Brush seconded. Motion carried on a 3-1-1 vote with Councilman Newbrander voting No. Councilman Newbrander stated she felt a part of the Wash would be used, as in other developments. B. CASE NO. C/Z 02-79, CITY OF PALM DESERT, APPLICANT: Consideration of a Request For Pre -Annexation Zoning from 'S' (Study) to RM (U.A. (Mobile Home Park and Mobile Home Subdivision Residential District, (Upon Annexation) Zone, or other Zone Deemed Appropriate, For Approximately 40 Acres Generally Located Between 42nd Avenue and Merle Drive, East of Rebecca Road. Mr. Williams stated that this would be Mobile homes, maximum 4 unit per acre, of medium density and in conformance with the General Plan. Staff recommended approval by Ordinance No. 206. Councilman McPherson asked if this was a continuation of Portola Country Club. Mr. Williams responded that it was not. April 26, 1979 PAGE 3 PUBLIC HEARINGS (Continued) Mayor Mullins declared the the Public Hearing open and asked for input in FAVOR of the Zone Change. None was offered. Mayor Mullins asked for input in OPPOSITION. None was offered. He declared the Public Hearing closed. Councilman McPherson moved to waive further reading and pass Ordinance No. 206 to second reading, approving a Change of Zone from 'S' Study to RM, (U.A.). Councilman Brush seconded. Motion carried on a 3-1-1 vote, with Councilman Newbrander voting No. C. ANNEXATION NO. 8 - IRWIN SIEGEL, APPLICANT: Consideration of Any and All Protests Regarding The Proposed Annexation To The City Of Palm Desert. Paul Williams reviewed this matter for Council, stating that it was considered by LAFCO on March 8, 1979. The City was directed to hold a Public Hearing for the sole purpose of allowing property owners within the area to be annexed to be heard. Application was filed with LAFCO by Resolution No. 78-173, adopted on December 28, 1978. He stated no verbal or written communication has been re- ceived from property owners, and therefore Staff recommended adoption of Resolution 79-46. Mayor Mullins declared the Public Hearing OPEN and asked for input in FAVOR of the Annexation. IRWIN SIEGEL addressed Council, stating that their application had not been altered in any way; they have agreed to all re- quirements placed upon them, and are in favor. He thanked the Council for their consideration. Mayor Mullins asked for input in OPPOSITION. VICE MAYOR RICHARD H. BUSS, Indian Wells, addressed Council with a prepared statement in opposition, attached as Exhibit "A", and hereby made a part of these minutes. ATTORNEY JAMES R. CARNES, 193 S. Civic Drive, Palm Springs, was of the opinion that under the present procedures, an Ordinance was required to be filed and delivered to LAFCO. Paul Williams responded that recent changes do not require Ordinance. Mayor Mullins asked for further input. There was none. He de- clared the Public Hearing closed. Councilman Brush moved to waive further reading and adopt Resolution No. 79-46, ordering the territory to be annexed. Councilman McPherson seconded. Motion carried unanimously with the members present. VIII. RESOLUTIONS A. 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. (Continued from Meeting of April 8, 1979) Mr. Bouman stated that a question had been raised by Council regarding reimbursement, requesting assurance that there were no excesses in spending and also what was meant by social expenses. He stated there were two major changes in the wordin€ of the Resolution, which he felt would be satisfactory to the Council. One having to do with out-of-state travel and the other to include expenses which are sponsored by or directly associated with the business of conference attendance, or which are for City -sponsored group meals producing beneficial results for :he City. Councilman "-ush moved to waive further reading and adopt Resolution No. 79- Councilman Newbrander 'onded. Motion carried T -_ - IX. ORDINANCES For Introduction: A. ORDINANCE NO. 207 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUGMENTING SECTION 5.08.020 OF THE CODE OF SAID CITY BY INCREASING THE GROSS RECEIPT TABLE OF CATEGORY I. Mr. Bouman explained that this Ordinance would expand the Gross Receipt Table upward which will mean higher gross re- ceipts for the City, which it is in need of. Councilman Newbrander moved to waive further reading and pass Ordinance No. 207 to second reading. Councilman McPherson seconded. Motion carried unanimously with the members present. For Adoption: None X. CONSENT ITEMS HELD OVER Mayor Mullins presented John A. Hill with a Resolution of Appreciation for his contribution to the Parks and Recreation Commission. He noted that Mr. Hill has been a resident of Palm Desert for 20 years, all that time vitally interested in Youth and Recreation, and is now moving to La Quinta. He further stated "It's people like you who keep Cities like this going". Councilman Brush added, Mr. Hill not only worked with the Parks and Recreation, but was a staunch supporter of the Church, Teen Center and a super human being. Mr. Hill thanked the Council for the opportunity of growing up with the City. XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman presented a Resolution to Council which would amend the 1978/79 Budget to provide an appropriation for Recruitment payment to Volunteer Firemen. He reviewed the Scottsdale Plan which is a recruitment incentive plan to get and keep Volunteer Firemen on a standby basis which seems to be highly efficient. He explained that in the last few years our manpower has de- creased so that a heavy load falls on the shoulders of 2 or 3 qualified men. This program would cost the City about 30 35 thousand dollars a year. The balance of this fiscal year would be about $4,000. He said there are 10 or 11 City employees who are interested in the program. Resolution No. 79-47 would authorize implementation of this plan. Councilman McPherson moved and Councilman Newbrander seconded to adopt Resolution No. 79-47. Motion carried unanimously with members present April 26, 1979 Page 5 Councilman Brush stated he knew the City would not stop at this. Mr. Bouman stated that in spite of what was heard at the Council meeting tonight, we have got to pull the Cities together and unify fire and police protection efforts. B. CITY ATTORNEY Dave Erwin stated that he received a copy of a claim for personal injuries received by Robert L. Harmon, M.D. on April 9, 1979, when he tripped and fell in the vicinity of Descove Engineers, on Highway III in Palm Desert. Mr. Erwin recommended that the claim by Dr. Harmon for $350,000 be denied, that the City Clerk advise him of this denial, and that the matter be referred to the Insurance Carrier. Councilman Brush moved the claim be denied. Councilman McPherson seconded. Motion carried unanimously with the members present. Dave Erwin reported that his second item has to do with the Out- door Advertising case. He said he had met with Staff regarding the modification of the Sign Ordinance, which had been initiated origi- nally with the possibility that the court ruling would not go the way it did. He noted the ruling did a great deal for our City in the S.O.B. case, and therefore asked Council if they wished the study continued. Mayor Mullins asked if Council had any desire to do anything further. Councilman Newbrander suggested if it did not require a motion, they discontinue the study. Councilman McPherson asked when we could expect a tentative resolution to our lawsuit on signs. Mr. Erwin responded that it would probably be 1 year before we get a final resolution. Mr. Erwin added, as a matter of information, that the Outdoor Advertising Companies in the San Diego case have filed petition for a re -hearing in the California Supreme Court, requesting the court reconsider its ruling. Councilman Brush asked if this was a preliminary to the U.S. Supreme Court and Mr. Erwin said if they can get the California Supreme Court to reconsider, it would be a much quicker process. Mayor Mullins asked for any further comments from the Council; there being none, he noted the meeting schedule. Paul Williams announced that the April 30th meeting of Parks and Recreation was cancelled, and that the Planning Commission would meet on May 3rd instead of May lst. XVI. ADJOURNMENT Councilman Newbrander moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously with the members present - Mayor Mullins adjourned the meeting at 8:15 p.m. ATTEST: DEL CLAUSSEN, Deputy City Clerk City of Palm Desert, California ./ ) it, „; BARD D. 'MULLINS , Mayor /d April 26, 1979 -6 EXHIBIT "A" City Council Minutes of April 26, 1979 MESSAGE FROM INDIAN WELLS VICE MAYOR RICHARD H. BUSS, TO PALM DESERT CITY COUNCIL, APRIL 26, 1979 Mr. Mayor, Councilpersons, My name is Dick Buss, here at the request of the Indian Wells City Council to express our city's position your proposed annexation of 160 acres, which lies in our sphere of influence. To recapitulate, we understand that LAFCO, the Local Agency Formation body of seven appointed men, was recently approached by former State Assemblyman Tom Suitt, who had been retained for this purpose by•Irwin Seigal, part owner of the subject property. The LAFCO board then reversed its decision on Indian Wells sphere of -last year and voted unanimously, to approve Palm Desert's request for this annexation. We regret that we regard this as a capricious, weathervane kind of action which certainly cannot redound to the credit of this body. Specifically, the presiding individual .of LAFCO, who refers to himself as Geller -hyphen -Boyd, denied our representatives one word of presentation at this meeting. The decision was made without debate being allowed. There are many succinct phrases to describe this, but "process of .democracy" is not one of them. This denial was delivered with what was described as quote "venom" unquote. We have difficulty understanding why an attourney from Palm Springs would concern himself with venomous emotion in the affairs of a small city 15 miles away, which is simply attempting to develop itself in a fiscally resoonsible and orderly fashion. -2- Proceeding to the relations between our two cities, let me present a chronology. In February, 1978, the two present mayors and two present city managers met and agreed on the present boundaries of our two spheres and shook hands. Our sphere boundary was then approved by your city council by resolution. At this time the 160 acres you are proposing to annex in our sphere were owned by Inglewood Associates of Cathedral City. Irwin Seigal purchased this property after the establishment of the sphere. It is now recorded in the name of his children Terri and Richard Seigal. We are informed that the entire 320 acre parcel in the names of Irwin and Mrs. Seigal and the two children, purchased at about S7500 per acre have been and are on the market at S20,000 per acre, or a profit of 32 million. We don't feel financial hardship is a factor here. The plan submitted to your city is a mirror image of the Desert Horizons project with the density doubled. There is no substantial planning involved, except by Desert Horizon. Your own planning commission approved this plan only with the proviso that it also be approved by our planners. Members of the councillyour own city manager has stated that this project would be a financial liability to your city. It would have to be supported out of your sales tax revenues along with everything else. In addition you would be acquiring mile of maintenance responsibility along El Dorado City Council Minutes April 26, 1979 Page 8 • J -3- drive, which we wish to extend to Interstate 10 so that there will be another way to get into both of our Core Communities. We are separate cities but we are really a social and economic unit who should support each other. I would like to tell you the exact words we used before the county board of supervisors two weeks ago. We do make the largest per capita tax contribution of any city in Riverside County. In exchange, due to the retirement nature of our community, we require only one -twentieth of the school services of the average city. We think we are an asset to the county of Riverside. We also think our proximity is an asset to the Cove business community. We feel that your actions on this annexation to this point represent an egregious breach of faith which will preclude any kind of normal cooperation between our two cities in the forseeable future. This totally unnecessary controversy must coat both of our cities legal fees over a period of years. The contents of this packet will be disseminated to all 17 media of communication in the Coachella Valley. We ask you to carry over this public hearing to a future date so that you may properly plumb the opinion of Palm Desert residents. In closing I would like to leave you with this thought, When a public official delegates an excessive amount of his vested authority he also frequently places his integrity in hands which may not value it as much as he does. Thank you and goodnight City Council Minutes April 26, 1979 Page 9