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HomeMy WebLinkAbout1979-12-27MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, DECEMBER 27, 1979 CITY HALL COUNCIL CHAMBERS '�: is :: '�: is * * * * is * is is :: '': i�: i�: * �� is iC i�: i� is :C i�: :f S�: is :C is i�: * is is i� i �� .. .. I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 7:15 p.m. on Thursday, December 27, 1979, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore James E. McPherson III. INVOCATION - Mayor Edward D. Mullins IV. ROLL CALL Present: 1 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 Douglas Phillips, Deputy City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RESOLUTION OF COMMENDATION TO THE INDIO HIGH SCHOOL "RAJAH" FOOTBALL TEAM FOR AN OUTSTANDING YEAR AND FOR BRINGING THE C.I.F. DESERT/MOUNTAIN CHAMPIONSHIP TO THE COACHELLA VALLEY FOR THE FIRST TIME. Mayor Mullins read the Resolution Of Commendation which was presented to Coach David Rivenes and team members David Woods and Mark Delaney. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of December 13, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-054, 80-061, and 80-062. Rec: Approve as presented. C. RESOLUTION NO. 79-150 - 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 ACCORDANCE WITH THE C.O.D. SPECIFIC PLAN AND DIRECTING THE CITY CLERK TO RECORD SAID DEEDS. Rec: Waive further reading and adopt. December 27, 1979 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * ;; : : ;f * is ir;'r' irC rf irC 'rC it * J : r' irC 'f 'f i� * * if * irC irC i; irf irf iC i; * * i� i . C C 'C i i. i. i VI. CONSENT CALENDAR (Continued) D. REQUEST BY MR. HAROLD HOUSLEY FOR A VARIANCE From Fire Protection Requirements for Parcel Map No. 14163. Rec: Concur with the findings of the Fire Marshal and instruct the City Manager to so advise the applicant. E. PETITION IN OPPOSITION TO CHILDREN'S HOME SOCIETY'S "TURNING POINT" HOME FOR YOUNG GIRLS. Rec: Refer to the City Manager for Study and Report. F. RESOLUTION NO. 79-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF ENVIRONMENTAL SERVICES THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. G. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS For Fire Station No. 2, Located At The Intersection Of Portola Avenue And Mesa View Drive (Extended). Rec: Approve the request and authorize the City Clerk to call for bids. H. REQUEST FOR APPROVAL OF FINAL TRACT MAP NO. 14032-1, McLAIN DEVELOPMENT COMPANY, APPLICANT. Rec: Waive further reading and adopt Resolution No. 79-163, approving Final Tract Map 14032-1. Councilman Brush moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. EASE NOS. TT 15734 AND TT 15735 SHADOW MOUNTAIN RESORT AND RACQUET CLUB, APPLICANT: CONSIDERATION OF APPROVAL OF TWO TENTATIVE TRACT MAPS WHICH WOULD PROVIDE FOR THE CONVERSION OF TWO EXISTING MULTI -FAMILY RESIDENTIAL BUILDINGS TO COOPERA- TIVE OWNERSHIP, WITHIN THE PR-7 (PLANNED RESIDENTIAL, MAX. 7 d.u./ac.) ZONE LOCATED WITHIN THE SHADOW MOUNTAIN RESORT AND RACQUET CLUB DEVELOPMENT, EAST OF SAN LUIS REY AVENUE, AND SOUTH OF SHADOW LAKE DRIVE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams stated that under recent State legislation, stock cooperatives are now reviewed as part of the Tentative Tract process. He stated that the main area of discussion with the Planning Commission had been the covering of 33 parking spaces as required by the Municipal Code. It was the Commission's decision to recommend approval with the condition that the spaces ultimately be covered as part of the Tentative Tract process, but that the applicant be allowed to bond for those to be covered within one year of the recordation of the Final Map. Staff concurred and recommended approval. Mayor Mullins invited input in FAVOR of the request. MR. TED LENNON, Vice President of Lowe Development, addressed Council as the applicant and stated his concurrence with both the Planning Commission and Staff. December 27, 1979 Page 2 MINUTES REGULAR CITY COUNCIL MEETING * * * JC * * * * * * * is J: is '.: is V * is * 7': * * is * * :C * * is VII. PUBLIC HEARINGS (Continued) A. CASE NOS. TT 15734 AND TT 15735 (Continued): Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. He noted that the Planning Commission had done a very thorough job in reviewing this case. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution Nos. 79-152 and 79-153. Motion carried on a 4-1 vote, with Councilman Newbrander voting NO. She stated that with the size of the units starting at 485 sq. ft., it was hard to imagine them as being homes. She also questioned the parking in the existing development, stating that there were deadend areas there now. B. CASE NO. TT 15630 - DUAINE K. BRICKER, APPLICANT: CONSIDERATION OF APPROVAL OF A 17 LOT TENTATIVE TRACT MAP FOR CONDOMINIUM PURPOSES TO ALLOW 16 DWELLING UNITS AND ONE COMMON LOT ON APPROXIMATELY 1.3 ACRES WITHIN THE R-3 (MULTI -FAMILY DISTRICT) ZONE, LOCATED BETWEEN SHADOW HILLS ROAD AND DEEP CANYON ROAD, 225 FEET SOUTH OF STATE HIGHWAY 111. 1 Mayor Mullins declared the Public Hearing open and called for Staff's report. Mr. Williams reported that this request would implement a previously approved Conditional Use Permit and preliminary Design Review Case which allows the construction of a 16 unit condominium development. He stated that there were a number of revisions as a result of the Planning Commission's approval. The Tentative Tract Map is in conformance with the City's ordinances, and it was Staff's recommendation to approve by Council Resolution No. 79-154, with an amend- ment to Condition No. 19 eliminating the dedication of land in lieu of a fee for park and recreation purposes in that no land would be available for dedication. Mr. Williams noted that the applicant had phoned the Clerk's office that morning to advise of his illness. Staff, therefore, recommended continuance of the matter if there were any ques- tions to be directed to the applicant. 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 Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-154, with Condition No. 19 amended as per Staff recommendation. Motion carried on a 4-1 vote, with Councilman Newbrander voting NO due to her opposition to any building on the south side at this time. i C. CONSIDERATION OF A MASTER DRAINAGE PLAN FOR THE PORTION OF THE CITY OF PALM DESERT AND ITS SPHERE OF INFLUENCE LYING NORTHERLY OF THE WHITEWATER RIVER CHANNEL AND GENERALLY BETWEEN MONTEREY AVENUE AND COOK STREET. Mayor Mullins declared the Public Hearing open and called for Staff's report. Mr. Williams stated that Willdan Associates had prepared a Master Drainage Plan for the North Palm Desert Area which summarizes the study effort associated with the development of a Master Drainage Plan for the portion of the City's Sphere of Influence lying northerly of the Whitewater River. The Master Plan describes a comprehensive program for the development of drainage facilities and presents alternative facility plans designed to meet the needs of the community. December 27, 1979 Page 3 MINUTES REGULAR CITY COUNCIL MEETING �. il` * J` * iV iC * * * J. J * J. * * * J` V J` 1. * * * * * * VII. PUBLIC HEARINGS (Continued) C. CONSIDERATION OF MASTER DRAINAGE PLAN (Continued) He reviewed a major scope of the report and indicated that it is intended to provide the City with a means of coordinating drainage aspects of pending developments and a mechanism for evaluating the impact of storm water runoff within the study area. In preparing this report, analyses were based on storm intensities of 25 year and 100 year frequencies. The total cost of the program recommended is estimated to be $14,200,000. In order for the program to be implemented, it is necessary that some mechanism for project funding be developed. The most common financing method, which is presently used south of the Whitewater River, would be the imposition of off -site drainage fees (or construction of the facilities by developers). The fees can be collected from developers as a condition of approval of final subdivi- sion maps. The drainage fee rate for a single basin district would be approximately $3,400/acre. For the two district configuration, the fee rate would be $2,800/acre for the northerly one, and $3,700/acre for the southerly one. Mr. Williams concluded by stating that in order for this Plan to be implemented, an Urgency Ordinance establishing property improvement fees for the study area would have to be adopted, and one appeared under "Ordinances" on the Agenda. Councilman Wilson asked how the City could keep up with inflation, and Mr. Williams advised that the fees should be reviewed and updated on an annual basis. Councilman Wilson asked how the City could work with the County once the Master Drainage Plan was adopted to assure that they will adhere to the Plan. Mr. Williams suggested that the Plan be forwarded to the County Board of Supervisors with a specific request for their adherance. He noted that the County had recently developed drainage plans for specific areas, and it would not be uncommon for them to approve this. Mayor Mullins invited input either in FAVOR or OPPOSITION to the Plan. Mrs. Eleanor Siegle, 73-758 DeAnza Way, Palm Desert, asked if this Plan included the area north of the Highway that is already developed. Councilman Brush responded that it was only the area north of the Whitewater Wash. Councilman Wilson added that what Council was trying to do here was to prevent what happened in Palm Desert before incorporation by establishing a drainage program before the land was developed. Mr. Gene George, 44-630 Las Palmas, Palm Desert, addressed Council and pointed out a problem of drainage on his street. Mr. Bouman advised that the City was well aware of the problem, and plans were being designed to correct it. Bids should be awarded in the near future. Mayor Mullins declared the Public Hearing closed. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-155. Motion carried unanimously. December 27, 1979 Page 4 MINUTES REGULAR CITY COUNCIL MEETING r. .. n .. r: i*: * is r. is is r. * n * n r: * .. * n * r. '': r. * * VIII. RESOLUTIONS A. RESOLUTION NO. 79-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. Mrs. Gilligan, City Clerk reported that by State Law, the Council was required to call and give notice of a General Municipal Election. This resolution calls said election for Tuesday, April 8, 1980, to elect two members of the City Council for the full term of four years. In addition to meeting all of the provisions of State law, it sets forth that polls for said election shall be open at 7:00 a.m. to 7:00 p.m. of the day of said electio. Concensus of City Clerks in the Valley was that statistically, this did provide ample time for voters and also provided for a more efficient counting process. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-156. Motion carried unanimously 1 B. RESOLUTION NO. 79-157 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING REGULATIONS FOR CAN- DIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980. Mrs. Gilligan, City Clerk, reported that by State Law, the City Council is required to adopt regulations for candidates for the Municipal Election, and this resolution provides for such regulations. Special provisions are the limitation of 200 words on the candidate's statement and the requirement for a $100 deposit in advance as the candidate's pro rate share of having his or her statement of qualifications included in the voter's pamphlet. The candidate would then be billed for any excess cost and refunded any unused portion of the deposit. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-157. Motion carried unanimously. C. RESOLUTION NO. 79-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT RELATING TO ANNEXATION NUMBER 11 TO THE CITY OF PALM DESERT, CALIFORNIA, LAFC #79-64-4. D. RESOLUTION NO. 79-159 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT RELATING TO ANNEXATION NUMBER 10 TO THE CITY OF PALM DESERT, CALIFORNIA, LAFC #79-57-4. E. RESOLUTION NO. 79-160 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT RELATING TO ANNEXATION NUMBER 9 TO THE CITY OF PALM DESERT, CALIFORNIA, LAFC #79-22-4. F. RESOLUTION NO. 79-161 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT RELATING TO ANNEXATION NUMBER 8 TO THE CITY OF PALM DESERT, CALIFORNIA, LAFC #79-1-4. Mr. Bouman stated that Items C, D, E. and F should be consided together as they were identical, just involving different December 27, 1979 Page 5 MINUTES REGULAR CITY COUNCIL MEETING irC irC irC * irC �tC irC J. irC irC J; r. it irC r iiC _ J. itC i� i�C JC tC t. J. J JC J. J. * t. JC * JC t. * n . i i iC . . . �� . . i. C iC �� n C i i i� n iC i� i� i� i i i i. VIII. RESOLUTIONS (Continued) C - D - E - F annexations. He explained that Assembly Bill #8 provided that the State would provide school districts with lost money from property taxes, and those cities with property taxes would now receive a portion of the property tax going to counties. The Bill also provided in instances where there were annexations of county territory by cities, that as a part of that annexation procedure, the cities and counties would sit down and negotiate a share of the property tax from the county to the city. The administrative people of the County of Riverside have worked out an agreement whereby cities will now receive 25% of the property tax when annexing territory. This is great for the City of Palm Desert who now receives no property tax. The four resolutions before you deal with annexations approved since July 1, 1980. Councilman McPherson requested that discussion should be held in Study Session relative to using the money received in the area from which it is received. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolutions 79-158, 79-159, 79-160, and 79-161. Motion carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 218 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 26.49 AND ADDING A NEW CHAPTER 26.49, DRAINAGE FACILITIES, ESTABLISHING A NEW PROPERTY IMPROVEMENT FEE TO BE PAID TO THE CITY FOR THE DRAINAGE AREA NORTH OF THE WHITEWATER CHANNEL AND A NEW PROPERTY IMPROVE- MENT FEE TO BE PAID TO THE CITY FOR THE DRAINAGE AREA SOUTH OF THE WHITEWATER CHANNEL FOR THE PURPOSE OF MEETING CITY-WIDE DRAINAGE NEEDS. (URGENCY ORDINANCE) Mr. Bouman stated that this was a complimentary ordinance to the Master Drainage Plan. The Ordinance established those fees as set forth in the Plan. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 218 as an Urgency Ordinance. Motion carried unanimously. For Adoption: None X. CONSENT ITEMS HELD OVER None XI. NEW BUSINESS A. REQUEST FOR APPROVAL OF RATE INCREASE BY PALM DESERT DISPOSAL COMPANY For Refuse Collection In The City of Palm Desert. Mr. Bouman reported that as far back as a year ago, the Council did receive a request from the Palm Desert Disposal Service Company for an increase in the basic collection rates both in residential and commercial areas. Under our interpretation of the existing franchise, we are entitled to financial infor- mation from them justifying the increase. However, they feel their statements are private. This has resulted in a stalemate for in excess of a year. They are now requesting the increase simply based on the fact that of all the communities, Palm i December 27, 1979 Page 6 MINUTES REGULAR CITY COUNCIL MEETING n �♦ ^ ♦ ♦ .: i�: .�: :: i� is TC * * n :: i♦ i� ♦ . is is i� XI. NEW BUSINESS (Continued) A. REQUEST FOR APPROVAL OF RATE INCREASE BY P.D. DISPOSAL (Continued): Desert's fees are considerably lower than other cities in the area. The Staff memo by Mr. Ortega recognizes the fact and has verified it. On that basis, Staff does recommend approval of the 15% increase. Councilman Wilson stated that he didn't think that because other cities are paying more means that we should. He felt the Council's original request to see their operational costs was justified. We have no assurances that they are not making just as much money today, and he felt Council should hold out for more information. Mr. Gino Scopesi addressed Council as owner of the Disposal Company stating that they did have a difference in interpre- tation of the franchise. He felt the comparison between the different cities did show and justify the rate increase. Councilman Wilson noted that Coachella and Desert Hot Springs were not listed on the comparison sheet. He stated that he would like to study this more and see Mr. Ortega go back and look at other cities and see the figures comparing identical services. Councilman Wilson moved and Councilman Newbrander seconded to continue the matter to the meeting of January 10, 1980, asking Staff to bring back more information. Motion carried unanimously. XII. OLD BUSINESS None XIII. ORAL COMMUNICATIONS MR. GLEN RICHARDSON, 44-570 Santa Margarita, Palm Desert, addressed Council and presented them with a study he had conducted as a student of the University of California, Riverside (attached and made a part of these minutes as Exhibit "A"). XIV. REPORTS AND REMARKS A. CITY MANAGER None 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. XV ADJOURNMENT Councilman Wilson moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously. ayor llins adjourned the meeting at 8:20 p.m. ATTEST: SHEILA R. G LIGAN, pyr�RK CITY OF PALM DESERT, ALIFORNIA /?- /,r7,)Au , EDWARD D. MULLINS , :MAYOR December 27, 1979 Paze 7 A tchment "A" C:..,-cy Council Minutes December 27, 1979 UNIVERSITY OF CALIFORNIA, RIVERSIDE BE:RKEL£Y • DAV1, • I[i\ INE • LOS ANGELES • RIVERSIDE: • SAN DIt-GO • S.AN FR.ANCISCO COLLEGE OF HUMANITIES AND SOCIAL SCIENCES DEPARTMENT OF POLITICAL SCIENCE SANTA BARBARA • SANTA CRL'Z RIVERSIDE, CALIFORNIA 92521 I am a student at the University of California enrolled in a course in Public Policy. Funded by a grant by the University, below is a public opinion survey to research flood policy in the City of Palm Desert. Your participation is voluntary, as well as anonymous. May I ask that the survey be mailed in the enclosed, stamped en- velope by Monday, December 3? Thank you very much for your help. 1. Whom Glenn D. Richardson do you believe is responsible for flood control? Check once. Federal government State government County government City government Combination of above 2. As a registered voter, have you ever attended a public forum, such as City Council or Redevelopment Agency meetings, to learn about flood control efforts in your city? , f". Y e s No 3. Whom do you, as a registered voter, hold accountable for flood control / Federal government State government /9 County goverment A¢. 2,5- City government --j Combination of above 4. Considering flood control, do you feel The city is achieving great success. ,2/ The city is doing what it can. ZS% The city is accomplishing too little, too late. 5. Flood control for Palm Desert will cost Less than $5 million Between $5 and $20 million More than 620 million ,37 Don't'know ,F7 Z)- (over) Page 8