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HomeMy WebLinkAbout1979-06-14MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, JUNE 14, 1979 7:00 P. M. CITY HALL COUNCIL CHAMBERS, * ***************;; * **** I. CALL TO ORDER * * * * * * * * Mayor Mullins called the regular meeting of the Palm Desert City Council to order at 7:00 p.m. on Thursday, June 14, 1979, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore James E. McPherson III. IV. INVOCATION ROLL CALL Present: - Mayor Edward D. Mullins Mayor Pro-Tempore James E. McPherson Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Absent: Councilman Noel J. Brush (excused absence) Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services L. Clyde Beebe, Director of Public Works Paul E. Byers, Director of Management Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF PARKS & RECREATION COMMISSIONER TO FILL THE UNEXPIRED TERM OF MR. JOHN HILL (Continued Item). Mayor Mullins offered the nomination of Mr. Frederick Thon, stating that Mr. Thon has been very active in the community and has served on the Parks and Recreation Advisory Committee as well as other City committees. No further nominations were offered. By unanimous vote of the members present, Mr. Frederick Thon was appointed to fill the unexpired term of Mr. John Hill on the Parks and Recreation Commission. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS TO BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION X, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular Meeting of the Palm Desert City Council of May 24, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-112 and 79-113. Rec: Approve as presented. June 14, 1979 Page 1 VI. CONSENT CALENDAR (Continued) C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MAY, 1979. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Joseph A. and Valerie Pohatu Carrabus and Pearl N. Goldman for THE LORD & LADY INN, 45-640 Highway 74, Palm Desert, California. Rec: Receive and file. E. LETTER OF APPRECIATION From the Palm Desert Youth Sports Association, Inc., For The City's Support. Rec: Receive and file. F. REQUEST FOR APPROVAL of Letter Agreement with Clayson, Rothrock & Mann, Attorneys at Law, For Special Legal Services. Rec: Approve the Agreement as presented. G. RESOLUTION NO. 79-58 - 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 MIRCO- FILMED. Rec: Waive further reading and adopt. H. REQUEST FOR APPROVAL OF COMPLETION OF TRACT NO. 5277-1, SHADOW MOUNTAIN RESORT AND RACQUET CLUB, APPLICANT. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to Release Bond Nos. 241, 239, and 240. Mr. Bouman noted that the recommendation in Item "H" should specifically state Bond No. 239 in the amount of $16,500 and Bond No. 239 in the amount of $33,000. Councilman Wilson moved and Councilman McPherson seconded to approve the Consent Calendar as amended. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. CASE NOS. C/Z 04-79 AND DP 04-79, SILVER SPUR ASSOCIATES APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-1, D., S.P. (PLANNED RESIDENTIAL, MAX. 1 D.U./AC., DRAINAGEWAY, FLOODPLAIN, WATERCOURSE OVERLAY, SCENIC PRESERVATION OVERLAY) TO PR-5 S.P. (PLANNED RESIDENTIAL, MAX. 5 D.U./AC., SCENIC PRESERVATION OVERLAY); PR-1, D. TO PR-5; AND PR-7, D. TO PR-5, ON PROPERTY CON- TAINING APPROXIMATELY 101.5 ACRES; AND, RELATED DEVELOP- MENT PLAN PROVIDING FOR 805 DWELLING UNITS IN A COMBINATION OF SINGLE-FAMILY, DUPLEX, AND TOWNHOUSES, ON APPROXIMATELY 179.5 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF HIGHWAY 74, NORTH AND SOUTH OF THE EXISTING FLOOD CONTROL DIKE, EXTENDING SOUTH TO THE SOUTHERN CITY LIMITS. (CONTINUED PUBLIC HEARING FROM THE MEETING OF MAY 24, 1979.) Mayor Mullins declared the Public Hearing open and asked for Staff's report. _ Mr. Williams reviewed the Staff Report, pointing out that the item had been continued from the meeting of May 24th at the request of the City of Indian Wells to allow a meeting to occur on May 25, 1979, with the C.V. Water District and representatives of both cities. He stated the the meeting had been held with the following outcome: 1. The Water District and the City of Palm Desert are of the same opinion that the proposed hardened dike concept proposed by Ironwood has nothing to do with the needed regional drainage improvements as specified in the Bechtel June 14, 1979 Page 2 VII. PUBLIC HEARINGS (Continued) A. SILVER SPUR ASSOCIATES, APPLICANT (Continued): Report. 2. The Water District believes that the installation of a new dike complying to 100-year storm criteria would not result in any more runoff to Indian Wells than if no dike were built. 3. The dike was being installed in compliance with Federal Flood Insurance criteria and was not a regional matter. 4. The Water District had given concept approval only to the dike design. The Water District would like to see the dike designed to withstand a 100-year storm. 5. The City of Indian Wells would like to prevent any more building on the alluvial fan until 1-A modified plan is implemented. 6. The City of Indian Wells would like Palm Desert to increase the new construction tax to generate income for implementation of the Bechtel Plan. Mr. Williams stated that it was Staff's opinion that the real issue of the City of Indian Wells has nothing to do with the project before the Council. However, Staff felt they had elected this project as the forum to focus on implementation of the Bechtel Report. He reveiwed the matter of the Bechtel Plan implementation as set forth in the Staff Report. He concluded by reviewing the possibility of establishing a fee on new development for the purpose of implementing the Bechtel Plan, pointing out that the approval of this project under consideration at this time would not preclude the appli- cation of an increased new construction tax on the project because this fee is applied at the building permit stage. Mayor Mullins invited input in FAVOR of the project, and the following was offered. Mr. Larry Spicer, President of Silver Spur Associates, 49-200 Mariposa Drive, Palm Desert, addressed Council and relating information that their engineers had advised them that the preliminary design of the dike is completed and they are proceeding with construction plans which should be ready for submittal to the Water District on August 1st for their approval. Mayor Mullins invited input in OPPOSITION to the project, and the following was offered: Mr. Prince Pierson, City Manager of the City of Indian Wells, 45-300 Club Drive, Indian Wells, addressed Council reiterating their objections to the installation of the dike as it would increase the runoff through their city. He stated that they wished this project to be continued until the Bechtel Plan could be implemented. Mr. Walter Pearce, Councilman of the City of Indian Wells, 76-835 Roadrunner Drive, Indian Wells, addressed the Council and read a prepared statement (attached and made a part hereof as Exhibit "A"). Mayor Mullins stated for the record that he had listened to the tape of the Public Hearing proceedings from the meeting of May 24th and had also read the minutes very thoroughly to familiarize himself with the input given and received during the Hearing which he had missed. Councilman McPherson asked Mr. Pierson what alternative methods of getting Federal Flood Insurance existed as Mr. Pierson had indicated there were several. Mr. Pierson did not know of them offhand. Councilman McPherson stated he knew of no way without putting in these types of projects. June 14, 1979 Page 3 VII. PUBLIC HEARINGS (Continued) A. SILVER SPUR ASSOCIATES, APPLICANT (Continued): Councilman McPherson also pointed out that the dike existing now is the same dike that failed in 1976 and caused so much devastation in the City of Palm Desert. If this project were denied, the City of Palm Desert would be left with the same protection as in 1976. Mayor Mullins declared the Public Hearing closed. Councilman Wilson stated that he was one of those in favor of the continuance of this project request, and he was glad he had in that he felt more confident with the information that had been presented as a result of the meeting with the Water District. ,However, it is a separate issue. We are not putting more water in Indian Wells, but merely making sure that the water goes where the Water District intended it to go and that is down into Deep Canyon Channel and not through the City of Palm Desert through an inadequate dike. He stated that he certainly shared the concerns of Indian Wells relative to the implementation of the Bechtel Plan, and he asked that Staff be directed to start work immediately with sister cities and other affected agencies to come up with alternative financing methods to move ahead with the Bechtel Plan Councilman Wilson moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 208A to second reading. Motion carried Qn,the.following vote: AYES: NOES: ABSENT: ABSTAIN: McPherson, Wilson & Mullins Newbrander Brush None Councilman Newbrander stated that she did not think that this dike would make any difference if the reinforced dike of the Water District holds. She, for one, would love to see something done on the Bechtel Plan. However, she stated that she was opposed to 805 more houses in the City. B. CASE NO. TT 12450, DANIEL RUSSIE, APPLICANT: CONSIDERATION OF A REQUEST FOR TIME EXTENSION OF AN APPROVED TENTATIVE TRACT MAP TO CONSOLIDATE 15 EXISTING LOTS TO CREATE 4 LOTS TO PROVIDE FOR 21 CONDOMINIUM UNITS AND COMMON OPEN SPACE ON PROPERTY GENERALLY LOCATED EAST OF DEEP CANYON, BETWEEN SAGE BRUSH DRIVE AND DRIFTWOOD DRIVE. Mr. Williams stated that the Tentative Map had been approved by Council in June, 1978, The applicant has been unable to complete all necessary work to allow for implementation of the Tentative Tract Map and is thus requesting the time extension. Staff has reviewed all conditions imposed and found then to be still in accordance with Code with the exception of the Signalization Fund which the applicant will now be required to participate in. Staff recommended approval of the request for time extension. Mayor Mullins declared the Public Hearing open and 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 Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-59, approving the 18 month time extension. Motion carried unanimously with the members present. June 14, 1979 Page 4 VIII. RESOLUTIONS 1 A. RESOLUTION NO. 79-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79 BUDGET TO PROVIDE FOR ADDITIONAL COSTS OF A CONSULTANT FOR DEVELOPING THE CIVIC CENTER MASTER PLAN. Mr. Bouman explained that this was a request for an appro- priation of $23,500 from the Unobligated Fund Balance into the account for the Civic Center Master Plan account. An appropriation of $25,000 was included in the budget for this purpose, and after reviewing a number of proposals and interviewing a number of applicants with a selection committee, it is found that these additional funds will be needed. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-60. Motion carried unanimously with the members present. B. RESOLUTION NO. 79-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE BUDGET FOR THE 1978/79 FISCAL YEAR TO PROVIDE FOR APPROPRIATIONS TO SPECIFIED CAPITAL IMPROVEMENT RESERVE FUNDS FOR IMPROVE- MENTS EXPECTED TO BE CONSTRUCTED IN FUTURE YEARS. Mr. Bouman explained that Staff was requesting Council's appropriation of a number of capital improvement fund projects in this year's budget that have previously been presented to Council for future fiscal years. The purpose of this is to establish a spending level, and this is in anticipation of expected action by voters on legislation which might jeopar- dize our future ability to spend it. The City has carefully saved this money for specific purposes that are very dear to the City. Although it is clear that we will not spend this money this year, it is a means of ensuring that it will be available to us in the future years. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-61. Motion carried unanimously with the members present. C. RESOLUTION NO. 79-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING A WRITTEN REPORT ON UNDERGROUND DISTRICT NO. 6 AND SCHEDULING A PROTEST HEARING ON THE ASSESSMENT OF THE COST OF THE WORK TO ADJACENT PROPERTY OWNERS FOR 7:00 P.M., JULY 12, 1979, IN THE CITY HALL COUNCIL CHAMBERS. Mr. Williams explained that the District was established in December, 1977, with 3 property owners involved. The property is located on Monterey Avenue to Parkview Drive. All work has been done, and it is now time to make the assessment. Sunrise Corporation has made a commitment to pay their share of the project. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-62. Motion carried unanimously with the members present. IX. ORDINANCES A. ORDINANCE NO. 209 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE USE OF PUBLIC PARKS WITHIN SAID CITY AND PROVIDING FOR THE ISSUANCE OF A PERMIT. (Continued from Meeting of May 24, 1979). Mr. Bouman explained that this ordinance was for the purpose of controlling the use of City parks and regulating the issuance of permits. He reviewed the provisions of the ordinance. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 209 to second reading. Motion carried unanimously with the members present. June 14, 1979 Page 5 IX. ORDINANCES (Continued) For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF LEASE AMENDMENT FOR THE PALM DESERT LIBRARY. Mr. Bouman reported that the City had, approximately 18 months ago, become the owner of the library property and structure and has a lease arrangement with the City of Riverside. Staff now finds it more advantageous to assume total responsibility for maintenance and upkeep of the building and grounds and by negotiating a new lease with the City of Riverside in which their monthly payments are increased from $400 to $1,000 a month, we think we can have better control. Councilman Wilson moved and Councilman McPherson seconded to approve the Lease Amendment. Motion carried unanimously with the members present. XIII. OLD BUSINESS A. CONSIDERATION OF THE RECOMMENDATION OF THE SELECTION COM- MITTEE FOR THE CONSULTANT FOR THE CIVIC CENTER MASTER PLAN AND RELATED CONTRACT. Mr. Williams stated that after the appointment of a Selection Committee by the City Council, Request for Proposals were mailed to twenty consulting firms, and a total of seven responses were received. The Committee reviewed the pro- posals and selected three firms for interviews which were conducted on May 30th. Mr. Williams explained the review and interview process. The Committee's unanimous recom- mendation for the Study was a team of firms consisting of Ballew/McFarland, Inc., Bennie M. Gonzales Associates, Inc., and Management Research, Inc. This decision was based on overall performance during the evaluation process, previous work, and the high professionalism of the team. Mr. Williams stated that the decision of the Committee was presented to Council at their Study Session of May 31st, after which Staff began to negotiate a contract which was presented to Council in Study Session prior to the Council meeting. This contract was reviewed at that time, with suggestions for certain revisions which will be incorporated. Councilman McPherson moved and Councilman Wilson seconded to select Ballew McFarland, Inc., Bennie M. Gonzales Associates, Inc., and Management Research, Inc. as the consultants for the Civic Center Master Plan Study and authorize the Mayor to execute the contract by waiving further reading and adopting Resolution No. 79-63. Motion carried by the following vote: AYES: NOES: ABSENT: ABSTAIN: McPherson, Wilson & Mullins Newbrander Brush None Councilman Newbrander stated that possibly there was no technical or legal reason for Mr. Steve Fleshman of Ballew/McFarland to be in con- flict, but in her mind he was; thus, she cast a NO vote. June 14, 1979 Page 6 XIII. OLD BUSINESS (Continued) B. REQUEST FOR APPROVAL OF REVISED SPECIAL ASSESSMENT TAX FOR STREET LIGHTING IN TRACT NO. 8273. Mr. Beebe reported that this was the same Street Lighting District that Council had acted on at their last meeting. However, the Department of Public Works had made an error in calculating the individual parcel tax levy. Thus, Resolution No. 79-64 was presented to rescind the prior resolution and to correct the individual parcel tax. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-64, establishing a Special Assessment Levy. Motion carried unanimously with the members present. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman reported that after previous Council action which instructed the City Manager to work out the details of a deferred compensation plan, several plans were dis- cussed with a number of firms who provide such plans for various public agencies. In order to have such a plan in operation by July 1st, Mr. Bouman stated that he would like to recommend a plan sponsored by - Glendale Federal Savings & Loan. They are one of two savings and loan associations that offer such plans, and they have a substantial success record. Staff was impressed with the plan offered, and with one minor revision whereby the Administrator of the plan would be named in title only as City Manager rather than by name as it was presented, he recommended approval. Councilman Newbrander moved and Councilman McPherson seconded to approve the plan as amended from Glendale Federal Savings & Loan for Deferred Compensation Investment. Motion carried unanimously with the members present. 2. Mr. Bouman stated that some slight revisions dealing with carry-over funds had been made in the Manager's proposed budget for Fiscal 1979/80, and for the benefit of the media, he presented it in its revised form. 3. Mr. Bouman advised that the Study Session of June 21, 1979, at 5:30 p.m. would not be held. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman McPherson stated the Dial -A -Ride Plan would commence in the City on Monday. Councilman Wilson pointed out that the City's New Construction Tax of 20c per square foot had been established in 1974. In view of the inflationary times, he suggested that Staff be instructed to review it to determine whether or not we are under charging at today's inflationary rates. This would be separate from the study on flood control fees. Mayor Mullins thanked the members of the Selection Committee. He stated they had done an outstanding job, and he had enjoyed working with them. MR. KAPP HOMME, 261 Cordoba, Palm Desert, addressed the Council and expressed his appreciation for the Selection June 14, 1979 Page 7 XV. REPORTS AND REMARKS (Continued) C. MAYOR AND MEMBERS OF THE CITY COUNCIL (Continued) Committee and his ability to serve on it. He praised the work and professionalism of Mr. Paul Williams, Director of Environmental Services, for his efforts on this project. Mayor Mullins announced that Council would return to Study Session immediately following the Redevelopment Agency meeting. There would be no Executive Session held. XVI. ADJOURNMENT Councilman Wilson moved and Councilman McPherson seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at 8:10 p.m. ATTEST: 4/K: SHEILA R. GILLIGAN, CI CLERK CITY OF PALM DESERT, CALIFORNIA $ (21 A(/IP b.L Ns, MAYOR June 14, 1979 Page 8 EXHIBIT "A" Mr Mayor 4nd Council Members: My name is Walter Pearce, a Councilman from Indian Wells. As I understand it the question before you is the approval to build a concrete faced fail safe dam above the new Ironwood housing project to protect this project and the City of Palm Desert from future flood damage from waters originating from Dead Indian and Carrizo Creek. The idea is to assure that all future flood waters from these areas are directed through Indian Wells. The Deep Canyon channel was designed to handle only 12,000 cubic feet per second. It cannot handle all the waters of storms with iauch less intensity than "Kathleen". In our view moneys involved could be put to much better useage by connecting Dead Indian and Carrizo to the Palm Valley channel to handle at least a portion of the waters which originate in these areas. In any event we cannot stand idly by with this guh aimed at our heads and hope that future storm waters (enemy waters, if you please) will not innundate Indian Wells with resultant loss of property and very possibly lives. Should this project be approved our Council will have no acceptable alternative than to use evfery means properly available to us to protect our citizens from this gross disregard for their property and their lives. June 14, 1979 Page 9