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HomeMy WebLinkAbout1979-12-131 MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, DECEMBER 13, 1979 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins convened the Regular Meeting of the Palm Desert City Council at 7:10 p.m. on Thursday, December 13, 1979, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore James E. McPherson III. INVOCATION - Mayor Edward D. Mullins IV. 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: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of November 29, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-052 and 80-053. Rec: Approve as presented. C. AUDITED FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED 6/30/79. Rec: Receive and file. D. REQUEST FOR GENERAL PLAN AMENDMENT By W. E. Development Company. Rec: Refer to the Planning Commission. E. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION For Their November 8, 1979, Meeting. Rec: Receive and file. December 13, 1979 Page 1 MINUTES REGULAR CITY COUNCIL MEETING VI. CONSENT CALENDAR (Continued) F. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS For The Purchase Of A One -Ton Flatbed Utility Truck. Rec: Authorize the City Clerk to advertise for bids for furnishing the one -ton utility flatbed truck for the Public Works Department. G. REQUEST FOR APPROVAL OF FINAL TRACT MAP NO. 12050, Linsco Agencies, Ltd., Applicant. Rec: Waive further reading and adopt Resolution No. 79-146, approving Final Tract Map No. 12050. Councilman McPherson moved and Councilman Brush seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. TT 14805 - KAUL CONSTRUCTION COMPANY, APPLICANT: Con- sideration Of Approval Of A 37 Lot Tentative Tract Map To Allow 36 Condominium Units In The PR-5 Zone On Approximately 7.2 Acres On The South Side of Country Club Drive, Approximately 1,550 Feet East Of Monterey Avenue. Mr. Williams reviewed the Staff report and stated that the Planning Commission had wrestled with four major concerns: (1) Access from Country Club Drive, and what was finally resolved was a cul-de-sac entrance on the east side with a guarded gate, controlled access; (2) the matter of emergency access because of its length, and an easement was granted to the east to provide for this access; (3) the problem of blow sand protection, and it was decided that a row of trees would solve this concern; and (4) the matter of drainage which has been addressed in the requirement of a retention basis to accommodate a 10-year storm. With all four of these concerns met, the Planning Commission did recommend approval by their Resolution No. 548, and Staff recommended same by proposed Council Resolution No. 79-144. Mayor Mullins declared the Public Hearing open, and invited input in FAVOR of the request. MR. JAMES KAUL, Applicant, addressed Council stating his concurrence with both the Planning Commission and Staff recommendation. Mayor Mullins invited input in Opposition to the request, 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. 79-144. Motion carried on a 4-1 vote. Councilman Newbrander voted NO stating that anyone who goes out on Country Club Drive now can tell that there is already too much traffic. Until signalization of Monterey and Country Club occurs she did not feel any further development should be approved. She pointed out the length of time that it was taking to get the signal installed at Highway 74 and El Paseo, and stated that in working with Caltrans, it could be a matter of years before Monterey and Country Club is signalized. December 13, 1979 Page 2 MINUTES REGULAR CITY COUNCIL MEETING VII. PUBLIC HEARINGS B. CASE NO. TT 13915 - GEORGETOWN PARK, LTD./E. GEORGE MARZICOLA, APPLICANT: Consideration Of Approval Of A One -Year Extension Of Time On The Approval Of A Tentative Tract Map To Create A 40-Lot Industrial Subdivision On Approximately 34.7 Gross Acres Within The S.I., S.P. Zone At The Southeast Corner Of Cook Street And Hovely Lane Extended. :'favor Mullins declared the Public Hearing open and asked for Staff's report. :•Ir. Williams advised that the Council did consider this matter on December 28, 1978, as a Tentative Tract Map. Approval was granted. The applicant is requesting a one-year extension of time, and Staff finds that all conditions are still in order and recommends approval by Resolution No. 79-145. Mayor Mullins invited input in FAVOR of the request. None was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Brush inquired as to when the developer would be ready to commence, and Mr. Williams advised that the developer was finalizing his improvement plans and was prepared to go forward with it as soon as they were complete. Councilman McPherson moved and Councilman Wilson seconded to waive fur:her reading and adopt Resolution No. 79-145. Motion carried unanimously. C. CASE NO. PALM DESERT ANNEXATION NO. 11: Consideration Of Approval Of The Proposed Annexation No. 11, Located At The Northeast Corner Of Cook Street And 44th Avenue, To The City Of Palm Desert, California. Mr. Williams reviewed the Staff report, pointing out that Council had previously reviewed it as a zone change request. He stated that LAFCo had approved the annexation as a logi- cal extension of the City's boundaries. Staff recommended approval. Mayor Mullins declared the Public Hearing open and invited input it FAVOR of the annexation. None was offered. He invited input in OPPOSITION to the annexation, and none was offered. He declared the Public Hearing closed. Upon question by Council, Mr. Williams noted that the City of Indian Wells had been notified of this public hearing, and no response was received. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-147. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 79-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ANNEXING CERTAIN CONTIGOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE MUNICIPAL ORGANIZATION ACT OF 1977, WHICH PROCEEDINGS ARE DESIGNATED AS ANNEXATION NO. 10. Mr. Williams stated that this was a 40-acre parcel which Council had considered for prezoning for mobilehomes. It is a logical extension of the City's boundaries, and Staff recommended approval. Councilman McPherson moved and Councilman Newbrander seconded to waive fur:her reading and adopt Resolution No. 79-148. Motion carried unanimously. December 13, 1979 Page 3 MINUTES REGULAR CITY COUNCIL MEETING IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. NEW BUSINESS None XII. OLD BUSINESS None XIII. ORAL COMMUNICATIONS None XIV. REPORTS AND REMARKS A. CITY MANAGER RESOLUTION NO. 79-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1979/80 BUDGET TO PROVIDE FOR UNANTICIPATED LEGAL SERVICES. Mr. Bouman explained that the City has incurred substantial legal costs for litigation, principally the Naegle sign and City of Indian Wells cases. These costs, approximately $20,000 to date, have exhausted the appropriation for the Legal Department. The adopted budget anticipated only the normal costs of the City Attorney's services. This resolution will amend the budget by transferring the sum of $25,000 to the Legal Department budget from the Public Works appropriation for capital outlay for a corporation yard. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-149. Motion carried unanimously. Upon question by Council, Mr. Erwin advised that he had expected something would have happened in the Federal courts by now. The next thing that will come up, however, are the documents that are now in the Court of Appeals. REQUEST FOR RELEASE OF BONDS FOR TRACT NO. 4558, DEEP CANYON TENNIS CLUB (PHASE I). Mr. Bouman advised that Phase I was originated under the County's jurisdiction. The bonds in question are for a water system and street improvements and were required and issued in 1973. The work has been completed to the satisfaction of the City, and the applicant is requesting release of the bonds. Councilman Wilson moved and Councilman McPherson seconded to accept the work as complete and authorize the City Clerk to release the bonds. Motion carried unanimously. December 13, 1979 Page 4 MINUTES REGULAR CITY COUNCIL MEETING XIV. REPORTS AND REMARKS (Continued) B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Newbrander inquired about the drainage problem at Deep Canyon Tennis Club. Mr. Bouman responded that the problem seems to be resolved in that they have installed another dry well on the project, and for the last 3 months, there have been only one or two instances of water running down Desert Lily. Mayor Mullins asked that everyone note the Future Meetings listed on the Agenda and wished everyone a Merry Christmas! XV. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 7:40 p.m. L A / 7 L-EDWARD D. MULLINS, MAYOR )ATTEST: SHEILA R. GILL IGAN, CLERK CITY OF PALM DESERT,'CALIFORNIA December 13, 1979 Page 5