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Home My WebLink About1979-07-12MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, JULY 12, 1979 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 7:05 p.m. on Thursday, July 12, 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 J. Mullins Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance Carlos L. Ortega, Assistant City Manager L. Clyde Beebe, Director of Public Works David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RESOLUTION OF APPRECIATION To Mr. Frank Urrutia For His Years ot Service On The Design Review Board. Mayor Mullins announced that this presentation would be continued to the meeting of July 26th inasmuch as Mr. Urrutia had been unable to attend this meeting. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of June 28, 1979. Rec: Approve as presented. B. MINUTES of the Special Meeting of the City Council of July 5, 1979. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-123, 79-124, and 80-011. Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Far West Services Inc., S/W Corner ot Highway 111 & Highway 44, Palm Desert, California. Rec: Receive and file July 12, 1979 Page 1 VI. CONSENT CALENDAR (Continued) E. RESOLUTION NO. 79-80 - 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 BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt F. REQUEST FOR REFUND OF PRIOR YEAR'S REVENUES By Jeffrey P. Schley, General Contractor, In The Amount of $514.00. Rec: Authorize the refund from Account #31-4999-000. G. REQUEST FOR BOND REDUCTION FOR TRACT NO. 11454, SUNRISE COMPANY, APPLICANT. Rec: By Minute Motion, authorize the reduction in the Letter of Credit. H. REQUEST FOR ACCEPTANCE OF A DEED FOR SAN PASQUAL AVENUE. Rec: By Minute Motion, authorize the City Clerk to record said Deed of Easement for right-of-way Tract No. 12181-1 and -2. Mr. Bouman requested that Item "F" be removed from the Consent Calendar for discussion under Section X of the Agenda. Councilman Wilson moved and Councilman Brush seconded to approve the Consent Calendar with the exception of Item "F". Motion carried unanimously. VII. PUBLIC HEARINGS A. UNDERGROUNDING DISTRICT NO. 6, CITY OF PALM DESERT, APPLICANT: CONSIDERATION OF PROCEDURES FOR THE COMPLETION OF UNDERGROUND DISTRICT NO. 6 ON THE WEST SIDE OF MONTEREY AVENUE BETWEEN PARKVIEW DRIVE AND THE NORTHERN CITY LIMITS. Mayor Mullins declared the Public Hearing open and asked Staff for their report: Mr. Williams reviewed the Staff Report stating that this was a final action in a series of actions Council had gone through for the removal of overhead utility lines on the west side of Monterey Avenue to Parkview Drive. He pointed out that the Council had reviewed the final report on June 14, 1979, which indicated that the project was completed by Southern California Edison in the total amount of $95,125 which was the original estimate. He reviewed the assessments for the three parcels and advised that Rancho Las Palmas or Sunrise Company had agreed to pay the additional $6,000 required for risers. He stated that Staff recommended the acceptance of the written report dated June 14, 1979, and affirmation of the recommended assessments. Mayor Mullins invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the assessments, and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-81. Motion carried unanimously. VIII. RESOLUTIONS None July 12, 1979 Page 2 IX. ORDINANCES For Introduction: A. ORDINANCE NO. 211 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.58.070 AND 25.96.040 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO STORAGE OF RECREATIONAL VEHICLES. Mr. Bouman stated that this suggested change in the ordinance would extend the prohibition of parking recreational vehicles to on -street parking and was as a result of recent experience the City has had of not being able to enforce violations. However, under the provisions of the Municipal Code, the amendment must be submitted to the Planning Commission for their recommendation. Staff's recommendation, therefore, was to adopt Resolution No. 79-82 which would refer the matter to the Planning Commission for study and recouuuendation. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-82. Motion carried unanimously. Councilman Brush asked that the section relative to height limitation on recreational vehicle storage also be reviewed as the 6' maximum did not appear to be reasonable. For Adoption: A. ORDINANCE NO. 210 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.70.020 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO DESIGN REVIEW. Mr. Bouman advised that this was the second reading of the ordinance and that no further input had been received. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 210. Motion carried on a 4-1 vote with Councilman Brush voting NO. X. CONSENT ITEMS HELD OVER F. REQUEST FOR REFUND OF PRIOR YEAR'S REVENUES BY Jeffrey P. Schley, General Contractor, In The Amount of $514.00. Mr. Bouman asked that before Council took action on this particular item of the Consent Calendar, that they consider adopting a special Resolution, No. 79-84, which would appro- priate funds into the 1979-80 budget to provide for refunds of prior years' revenue in the New Construction Tax Fund. This is a standard budget account which was overlooked this year in budget preparation. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-84. Motion carried unanimously. Councilman Wilson moved and Councilman McPherson seconded to authorize the refund requested by Jeffrey P. Schley in the amount of $514.00 from Account #31-4999-000. Motion carried unanimously. XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None July 12, 1979 Page 3 XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman stated that there were two additional items which Mr. Clyde Beebe, Director of Public Works, would present: 1. Mr. Beebe stated that it had been discovered that the developers of Tract 5277-1, Shadow Mountain Resort & Racquet Club, had inadvertently duplicated their bonding. This project was started under the County prior to the City's incorporation, and thus there had been some confusion relative to the bonds posted. He requested that the Council release both a $3,510 cash monumentation deposit and the $60,000 remaining on a Certification of Deposit. All work had been completed to his Department's satisfaction. Councilman Wilson moved and Councilman Brush seconded to release the $3,510 cash monumentation deposit and the $60,000 Certificate of Deposit as requested. Motion carried unanimously. 2. RESOLUTION NO. 79-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO FORM THE LANDSCAPING AND LIGHTING DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING DISTRICT ACT OF 1972 (LANDSCAPING AND LIGHTING DISTRICT 2 (LEWIS HOMES)). Mr. Beebe stated that this district for Tract 11636-1, Lewis Homes, had come to Council's attention at their prior meeting at which time the Council authorized Mr. Beebe to proceed and file a report with the City Clerk as well as a map. This has been done. This resolu- tion will establish a public hearing on August 9, 1979, to receive any input on the proposed district. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-83. Motion carried unanimously. 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. XVI. ADJOURNMENT Councilman Wilson moved and Councilman McPherson seconded to adjourn the meeting to Executive Session for the purpose of discussing Personnel matters, said Executive Session to be held immediately fol- lowing the Redevelopment Agency. Motion carried unanimously. Mayor Mullins adjourned to Executive Session at 7:25 o.m., noting the Session would not be held until immediately after t.- Redevelopment Agency meeting. Mayor Mullins reconvened the meeti g of he City Council at 9:30 p.m. and immediately adjourned it . a••nc' g that no decisions had been made during the Executive Sess ATTEST: SHEILA R. GI w' G'i1, CI CLERK CITY OF PALM DESERT, IFORNIA EDWAD. MULLINS ,'MAYOR, or JAMES MCPHERSON, MAYOR PRO-TEMPORE July 12, 1979 Page 4