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HomeMy WebLinkAbout1979-08-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1979 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * :': :'c :'c :: :'c :'c ''' k I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 7:10 p.m. on Thursday, August 23, 1979, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore James E. McPherson III. INVOCATION - Mayor Edward D. Mullins IV. ROLL CALL Present: Absent: Mayor pro-Tempore James E. McPherson Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Councilman Noel J. Brush Martin J. Bouman, City Manager David J. Erwin, City Attorney Carlos L. Ortega, Assistant City Manager Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RESOLUTION OF APPRECIATION To Mr. Frank Urr»tia For His Years of Service on the Design Review Board. Mayor Mullins presented Mr. Urrutia with a Resolution of Appreciation for his years of service on the Design Review Board and commended him for all of the involvement he has had in his community. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of August 9, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-104 and 80-021. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JULY, 1979. Rec: Receive and file. D. MINUTES of the August 9, 1979, Meeting of the Building Board of Appeals and Condemnation. Rec: Receive and file. August 23, 1979 Page 1 VI. CONSENT CALENDAR (Continued) E. RESOLUTION NO. 79-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING RESOLUTION NO. 77-71, RELATING TO COMPENSATION OF THE CITY ATTORNEY. Rec: Waive further reading and adopt. Councilman McPherson moved and Councilman Newbrander seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. CASE NO. TT 14645, RODNEY J. BARTOW, APPLICANT: CONSIDERA- TION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE FIVE SINGLE-FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 1.25 ACRES WITHIN THE R-1, 10,000 (SINGLE-FAMILY RESIDENTIAL MIN. 10,000 SQ. FT. LOT SIZE) ZONE GENERALLY LOCATED ON THE SOUTH SIDE OF HOMESTEAD ROAD, BETWEEN BEVERLY DRIVE AND HIGHWAY 74. Mayor Mullins declared the Public Hearing open and called for Staff's report. Mr. Williams reviewed the Staff Report and stated that the Planning Commission had recommended approval, with conditions as outlined in their Resolution No. 516. He further reviewed a letter of opposition from Mr. Arthur Swajian, 72-731 Bel Air Road, Palm Desert, who felt that required street dedication would leave the applicant with insufficient land to create 5 lots. However, Mr. Williams advised that the street dedication had already been accomplished and therefore, the amount of land being considered was the actual amount and sufficient in size to create 5 lots. Mayor Mullins invited input in FAVOR of the request. MR. ROD BARTOW, 43-390 Beverly Drive, Palm Desert, addressed Council as the applicant and indicating his support of both the Planning Commission's and the Staff's recommendation for approval. Mayor Mullins invited input in OPPOSITION to the request, 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. 79-99. Motion carried on the following vote, to wit: AYES: McPherson, Wilson, & Mullins NOES: Newbrander ABSENT: Brush 'ABSTAIN: None Councilman Newbrander stated that she has always been opposed to a lot of development for a long time. However, shortly after the July 20, 1979, flood, she made a statement that she would not vote for any con- struction, particularly on the south side, from now on. B. CASE NO. TT 14417, TRANSCOPIC DEVELOPMENT CORPORATION, APPLI- CANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE 10 LOTS FOR CONDOMINIUM PURPOSES TO PRO- VIDE FOR 9 DWELLING UNITS AND COMMON OPEN SPACE ON APPROXI- MATELY 2.2 NET ACRES WITHIN THE PR-6, S.P. (PLANNED RESIDEN- TIAL, MAX. 6 D.U./AC., SCENIC PRESERVATION OVERLAY) ZONE LOCATED ON THE NORTH SIDE OF 44TH AVENUE, APPROXIMATELY 610 FEET WEST OF COOK STREET. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams reviewed the Staff report, noting that the Planning Commission had approved the request with little discussion by the Resolution No. 515. Staff recommended approval 4y Council Resolution No. 79-100, subject to wait august 23, 1979 Page 2 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * J: * * n iV * * is * n * * * * * * * * i` * * * *V VII. PUBLIC HEARINGS (Continued) B. CASE NO. TT 14417 (Continued) both standard and special conditions. Mayor Mullins invited input in FAVOR of the request. Mr. Anthony Tse addressed the Council on behalf of the applicant. He stated that they intended to development this project within the next 12 months and that it would be compatible to the existing development. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-100. Moticfn carried on the following vote, to wit: AYES: McPherson, Wilson & Mullins NOES: Newbrander ABSENT: Brush ABSTAIN: None Councilman Newbrander stated that even though it was on the north side of town, there was already enough traffic on Avenue 44; thus she cast a NO vote. C. CASE NO. TT 15082, DON LAWRENZ, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE A ONE -LOT SUBDIVISION FOR COMERCIAL CONDOMINIUM PURPOSES ON APPROXIMATELY .30 ACRES WITHIN THE C-1, S.P. (GENERAL COM- MERCIAL SCENIC PRESERVATION OVERLAY) ZONE, LOCATED ON PANORAMA DRIVE, 180 FEET SOUTH OF HIGHWAY 111. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams reviewed the Staff Report indicating that the Planning Commission had approved the request with little discussion by the Resolution No. 517. However, the appli- cant had questioned Standard Condition No. 7 and the require- ment for undergrounding of utility lines. Under the ordinance, Council may not require undergrounding in residential zones, but it is mandatory in commercial unless Council elects to approve participation in a Future Improvement Agreement. Councilman McPherson noted that the 70' required to be under - grounded served no purpose and the cost of undergrounding it would be prohibitive. Councilman Wilson stated that it would have to be done eventually, and Mr. Williams pointed out that the applicant could be required to enter into a Future Improve- ment Agreement to do it at a later date. Mayor Mullins invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved to waive further reading and adopt Resolution No. 79-101, amending Standard Condition No. 7 to delete the last sentence "Overhead utility lines adjacent to the site shall be undergrounded as a part of development of this map." Mayor Mullins seconded the motion. Councilman Wilson stated that he didn't agree with the amount, and as commercial, Council should hold fast on it. The 70' sounds like a small amount, but where do you draw the line. A dangerous precedent would be set by not requiring the under - grounding. August 23, 1979 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * IC is :'f n i*: * * * * * :: A• n is * ': :: .. ': * * * .. * :: :: is i*: * '': * ;; * VII. PUBLIC HEARINGS (Continued) C. CASE NO. TT 15082 (Continued) Councilman McPherson reiterated that the cost would be prohibitive; it would serve no purpose as the poles would still be there on both sides Mayor Mullins called for a vote on the motion on the floor, and the following votes were cast, to wit: AYES: McPherson & Mullins NOES: Wilson & Newbrander ABSENT: Brush ABSTAIN: None Councilman Wilson moved to reopen the Public Hearing on Case No. TT 15082 and continue to the meeting of September 13, 1979 with Staff directed to get an estimate for the correct costs of the undergrounding. Mayor Mullins seconded the motion. Motion carried on a 3-1-1 vote with Councilman Newbrander voting NO and Councilman Brush ABSENT. VIII. RESOLUTIONS A. RESOLUTION NO. 79-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SELECTING A CONSULTINi FIRM TO PROVIDE THE CITY WITH ORGANIZATION AND PERSONNEL SYSTEM ANALYSIS AND A CLASSIFICATION AND COMPENSATION STUDY. Mr. Bouman stated that this was the action needed to launch the organizational and personnel system analysis and the classification and compensation study with Ralph Anderson & Associates. He noted that Councilman McPherson, Larry McAllister, Personnel Manager, and he had comprised the interview panel of different consultant, and the panel had unanimously selected this firm. They were very impressed with Mr. Mike Davis of the firm who would be in charge of the project for the City. The price is $12,000; the project will take about 16-19 weeks; Staff recommended approval of the selection by Resolution No. 79-102. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-102. Motion carried unanimously with the members present. IX. ORDINANCES For Introduction: ' None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None August 23, 1979 Page 4 MINUTES REGULAR CITY COUNCIL MEETING iC k .� :: V * i�: * it is * * i�: is is * * * i♦ ♦ .. i♦ iC * * * V is * XIV. ORAL COMMUNICATIONS MR. GEORGE C. STONE, 43-831 Joshua Street, Palm Desert, addressed Council stating that he had been "wiped out" in both floods - in 1976 and 1979- because of a drainage ditch which runs between his house and the one next door which provides drainage for the entire tract from Highway 111 to Fairview Drive. He pointed out that whether there was a flood or not, normal rain caused the ditch to fill and break, flooding his home. He asked what the City was going to do to correct the situation. He noted that the County had not accepted the drainage ditch when the tract was developed, and therefore the City says that they do not have responsibility for it. The CVCWD says that they are not responsible for drainage water in Palm Desert. He asked who was responsible as he had lost $10,000 in each flood and could not afford another such loss. Dave Erwin responded that the offer of easement for the drainage ditch was apparently made as part of the development, and the County chose not to accept it. Consequently, it does not belong to anyone. He said that, assuming the offer is still standing, the City could elect to accept it. However, more information should be obtained, including whether or not the CVCWD would accept the water out of the drainage ditch into the Palm Valley Channel. Councilman McPherson asked Mr. Stone if he would be willing to join an assessment district with other property owners in the tract in order to provide the money with which to correct the problem. Mr. Stone responded that he would not as he felt the City should pay for it. After considerable discussion, Council directed Staff to look into the matter and report any possible solutions that might be available. XV. REPORTS AND REMARKS A. CITY MANAGER RESOLUTION NO. 79-103 - 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. Bouman advised that this resolution dealt with two properties within the C.O.D. Specific Plan area. A fair price has already been negotiated, and the resolution merely accepts the property on behalf of the City and authorizes the City Clerk to record said deeds. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-103. Motion carried unanimously with the members present. RESOLUTION NO. 79-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ADVANCE TO THE PALM DESERT REDEVELOPMENT AGENCY IN THE AMOUNT OF $100,000, SUCH ADVANCE TO BE TREATED AS A LOAN AND REPAID WITH INTEREST. Mr. Bouman advised that this resolution would grant a request by the Redevelopment Agency for a loan of $100,000 to be used for budgeted projects. The Agency operates on a "pay before you go" spending program, and since the revenues to the Agency will be greater than anticipated for next year, the Agency will be able to spend a greater amount of money. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-104. Motion carried unani- mously with the members present. August 23, 1979 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * * ;: is * * n :. iV :": :: :: i': :'; ;: i': ii .. ;': :: i': ': n * .:^ n * * * d: is :: is is * XV. REPORTS AND REMARKS (Continued) A. CITY MANAGER (Continued) RESOLUTION NO. 79-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONTRACT FOR BUILDING INSPECTION SERVICES. Mr. Bouman explained that this resolution would approve a contract for building inspection services to assist the heavy workloan in the Building & Safety Department. The workload of that department was substantially set back by the July flood, Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-105. Motion carried unanimously with the members present. REQUEST FOR APPROVAL OF CONTRACT WITH F. MACKENZIE BROWN, CONSULTANT. Mr. Bouman noted that Mr. Brown had appeared at a Council Study Session to advise Council of possible options avail- able for revenues and funding sources for correcting the drainage problems in the City. Since the General Obliga- tion bond issue is probably 99% unavailable, an assessment district is the only way to go. He has responded since that time with an estimate that through expenditure of front money, the City would be able to determine not only the updated cost of providing necessary drainage facilities, but additionally an order of estimating what the costs would be for property owners in the City. His letter of contract outlines various steps 1 through 6, and Staff recommends that Council adopt a motion authorizing the Mayor to execute a contract with Mr. Brown with the under- standing he will use some outside consultants on this project in an amount not to exceed $50,000, and that the money for this project come from the Drainage Facilities Fund which has substantial balances at this time. Mr. Bouman pointed out that in the long run, if we spend this money and don't go ahead with such a district, the money would have to be repaid into the Drainage Facilities Fund. Councilman McPherson moved and Councilman Wilson seconded to authorize the Mayor to execute a contract with F. MacKenzie Brown in an amount not to exceed $50,000, said monies to be taken from the Drainage Facilities Fund. Motion carried unanimously with the members present. , REQUEST FROM ERWIN & ANDERHOLT, ATTORNEYS AT LAW? FOR PAYMENT OF LEGAL FEES IN CONJUNCTION WITH BILLBOARD LAW SUIT. Mr. Bouman advised that the City had been presented with a statement for its 1/3 share of the legal fees for the subject lawsuit, said bill amounting to $9,992.76. Mr. Bouman requested authorization to pay the bill. Councilman McPherson moved and Councilman Newbrander seconded to approve payment of the statement for legal fees in conjunction with the Naegele Billboard Law Suit with the monies to come from Account No. 11-4300-303. Motion carried on a 3-1-1 vote, with Councilman Wilson voting NO and Councilman Brush ABSENT. Councilman Wilson explained his NO vote, stating that he felt that Indian Wells should be paying for all of it out of their legal "war chest". August 23, 1979 Page 6 MINUTES REGULAR CITY COUNCIL MEETING * * * ��C * * * * itC * * i� JC * * * * i� * ten' . * 'n * i�f * * * i�f * ': V * i�f i * i'c� . XIV. REPORTS AND REMARKS (Continued) B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins asked that everyone note the Future Meetings listed on the Agenda, noting that there would be a Study Session of the Redevelopment Agency at 5:00 p.m. on Tuesday, August 28, 1979. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting to Executive Session for the purpose of discussing pending litigation, said Executive Session to be held immediately following the Redevelopment Agency Meeting. Mayor Mullins adjourned to Executive Session at 8:15 p.m. Mayor Mullins reconvened the Council meeting at 9:30 p.m. and adjourned the meeting announcing no action had been taken during Executive Session. 1 2 (EDWARD D. MULLINS, MAYOR ATTEST: — SHEILA R. G ELIGAN, SiITY CLERK CITY OF PALM DESERT, CALIFORNIA August 23, 1979 Page 7