Loading...
HomeMy WebLinkAbout1979-03-22MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, MARCH 22, 1979 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tempore Jim McPherson called the meeting to order at 7:10 p.m. on Thursday, March 22, 1979, in City Hall Council Chambers. PLEDGE - Councilman Wilson INVOCATION - Councilman Newbrander ROLL CALL Present: Councilman Noel J. Brush Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Pro-Tem James E. McPherson Also Present: Excused Absence: Mayor Edward D. Mullins Martin J. Bouman, City Manager Jeff Patterson, Deputy City Attorney Paul A. Williams, Director of Environmental Paul E. Byers, Director of Finance L. Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE the Ensuing Year (Continued from Meeting Mayor Pro-Tem McPherson stated that this tinued to the meeting of April 12, 1979, would be seated. Services BY CITY COUNCIL For of March 8, 1979). item would be con - when a full Council Councilman Brush stated that there was one among them who has earned the utmost respect of the residents, one who has the good feelings of all the people in the community, and one who in return cares for the community. Despite the fact that he has indicated that he did not wish to be Mayor again, Councilman Brush felt that he should be. Councilman Brush moved to retain Mayor Mullins for another term, and Councilman Newbrander seconded the motion. Councilman Wilson stated that although he was not in disagreement with any of the statements made by Councilman Brush nor opposed to retaining Mayor Mullins for another term, he felt it more fair to continue the action to April 12, 1979, when the Mayor would be present. Motion was defeated on the following vote: AYES: NOES: ABSENT: ABSTAIN: Brush and Newbrander Wilson and McPherson Mullins None B. PRESENTATION To Mrs. Gloria Kelly in Appreciation of Her Service as Planning Commissioner. Mayor Pro-Tem McPherson read a Resolution of Appreciation March 22. 1979 Page 1 V. B. (Continued) of Mrs. Kelly's contributions to her community and presented it to Mrs. Kelly who thanked the Council and the community for the opportunity to have served. C. APPOINTMENT OF PLANNING COMMISSIONER To Fill The Unexpired Term of Mrs. Gloria Kelly. Mayor Pro-Tem McPherson announced that this appointment would be continued to the meeting of April 12, 1979. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council. of March 8, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY- Demand Nos. 78-084 and 78-091. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF FEBRUARY, 1979. Rec: Receive and file. D. REQUEST FOR EXTENSION OF BUILDING PERMIT By C. G. Dunham & Company for Sandroc Development. Rec: Deny the request per recommendation of Director of Building and Safety. E. REQUEST FOR REFUND OF BUILDING PERMITS By Silver Spur Associates in the Amount of $3,616.90. Rec: Approve the request and authorize the refund from Account No. 11-4980-000 and 31-4999-000 (latter account number noted during meeting) F. REQUEST FOR APPROVAL of Destruction of Files From the Depart- ment of Building & Safety That Have Been Microfilmed. Rec: Waive further reading and adopt Resolution No. 79-28. G. REQUEST BY CITY OF ARCADIA For Financial Support For The Gann Suit Litigation. Rec: By minute motion, approve the request and authorize payment of $150.00 from Account No. 11-4300-303. H. REQUEST FOR APPROVAL OF CONTRACT NO. 1020 - Monterey Avenue Curb and Gutter Construction Project (Massey Sand & Rock Co.) Rec: a) Accept the work on behalf of the City. b) Instruct the City Clerk to file a Notice of Completion. c) Instruct the City Clerk to release the retention monies 35 days after the Notice of Completion has been filed, if no liens have been filed. I. REQUEST FOR APPROVAL of Final Tract Map No. 11636-1 and Standard Subdivision Agreements Relating Thereto, Lewis Homes of California, Applicant. Rec: Waive further reading and adopt Resolution No. 79-29, approving Final Tract Map 11636-1. Councilman Wilson requested that Item "D" be removed from the Calendar for discussion under Section X of the Agenda. March 22, 1979 Page 2 VI. CONSENT CALENDAR (Continued) Councilman Newbrander moved to approve the Consent Calendar with the noted amendment to Item "E" and with the exception of Item "D". Councilman Brush seconded the motion; motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-4 AND O.S. TO R-2 8,000 (8) OR ANY OTHER ZONE DEEMED APPROPRIATE AND A TENTATIVE TRACT MAP FOR A 238 LOT RESIDENTIAL SUBDIVISION TO PROVIDE FOR 227 DWELLING UNITS ON APPROXIMATELY 80 ACRES LOCATED AT THE SOUTHEAST CORNER OF PORTOLA AVENUE AND COUNTRY CLUB DRIVE - RIDGEWOOD DEVELOPMENT, INC., APPLICANT. (CLOSED PUBLIC HEARING) Mr. Williams reported that March 14, 1979, the Planning Commission had reviewed the applicant's request to con- tinue the possibility of a Change of Zone to R-2-8,000 (8) and withdrawal of the Tentative Tract Map. The Commission did unanimously recommend that the Change of Zone be limited to a change of the Open Space to PR-4 on the portion of the property which is northerly of Hovely Lane extended and not implement the R-2-8,000 without a Development Plan. Staff was in concurrence with the Commission's recommendation. Councilman Wilson noted that the proposed ordinance read 208 acres rather than 2.8 acres and should be corrected. Councilman Brush moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 202A to second reading, as amended. Motion carried unanimously with the members present. Councilman Brush moved and Councilman Wilson seconded to accept the withdrawal of the Tentative Tract. Motion carried unanimously with the members present. B. CASE NO. TT 14082, SILVER SPUR ASSOCIATES, APPLICANT: CON- SIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE 157 LOTS, PROVIDING FOR 150 RESIDENTIAL CONDO- MINIUM UNITS WITHIN THE PR-7 ZONE ON APPROXIMATELY 40 ACRES LOCATED SOUTH AND WEST OF THE INTERSECTION OF MESA VIEW DRIVE (EXTENDED) AND PORTOLA AVENUE (EXTENDED). Mr. Williams reviewed the Staff Report and indicated that there were two major issues of concern to the Planning Com- mission during their review. The first was Flood Control, and Silver Spur had filed a letter with the Commission rela- tive to their plans on Flood Control which satisfied the concerns. The second issue dealt with secondary access to the subdivision. The Fire Department has reviewed this matter and does now find the present proposal satisfactory. Mr. Williams stated that it was the recommendation of both the Commission and Staff to approve the Tentative Tract Map by Council Resolution No. 79-26, subject to a number of conditions. Mr. Williams noted a correction to the resolu- tion under Special Condition #13 where the words "as amended" should be added. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the request. MR. LARRY SPICER, President of Silver Spur Associates, addressed Council indicating his concurrence with Staff's report and recommendation. Mayor Pro-Tem McPherson invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-26 as amended. Motion carried unanimously with the members present. March 22, 1979 Page 3 VII. PUBLIC HEARINGS (Continued) C. CASE GPA O1-79, CITY OF PALM DESERT, APPLICANT: Consideration Of An Amendment To The Palm Desert General Plan To Incorporate A Specific Plan For The Palm Valley Stormwater Channel Area. Mr. Williams gave an in-depth review of the Palm Valley Stormwater Channel Plan as presented to the Council. In addition, he noted the following changes based on additional concerns raised by property owners since adoption of the Plan by the Planning Commission: Page 61: Section 25.14.050 - Add: H. When said zone district exists in conjunction with the hillside overlay district, the setback provisions specified above shall not be applicable. The required setbacks shall be as approved by the Planning Commission as a part of their action on the required Conditional Use Permit. Page 63: Section 25.14.060 - Add: H. When said zone district exists in conjunction with the hillside overlay district, the setback provisions specified above shall not be applicable. The required setbacks shall be as approved by the Planning Commission as a part of their action on the required Conditional Use Permit. Page 65: Section 25.52.040 - Delete: "Grading in the hillside areas shall be limited to streets and shall comply with all standards of the Grading Ordinance." Add: Return to present writing. Page 65: Section 25.52.060 - Add: C. The use of glass facing the City shall be carefully considered. Mr. Williams reviewed the correspondence received relative to the Plan, attached and made a part of the report to Council. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the Plan. MR. GEORGE FOX addressed Council as owner of over 107 of the property in question. He indicated that he and his engineering firm were in the process of preparing a study on his property and advised of his intention to submit an alternate development proposal if the Palm Valley Storm - water Channel Plan presented any conflicts. He stated that they were not far enough into their own plans to present any specifics. MRS. DORIE CREE, 500 Devon Place, Long Beach, California, addressed Council stating that both the Staff and Planning Commission had put a lot of work into the Plan and had done a fine job. She indicated she represented a group of 30 property owners in this area, and they were all very much in favor of the study with the changes Mr. Williams had noted. Mayor Pro-Tem McPherson noted that this was a very important matter, stating Council's desire to continue the matter to April 12th to receive any further input that might be applicable. Councilman Newbrander moved and Councilman Brush seconded to continue the Hearing to the meeting of April 12, 1979; carried unani- mously with the members present. March 22, 1979 Page 4 VII. PUBLIC HEARINGS (Continued) D. CASE NOS. C/Z 03-79 AND DP 02-79, E. GEORGE MARZICOLA, APPLI- CANT: Consideration Of A Request For Approval Of A Change Of Zone From PR-4 To P.C. (2), Or Any Other Zone Deemed Appro- priate For Approximately 12 Acres, And A Related Overall Conceptual Development Plan For A 682 Unit Residential Condominium Project And Commerical Shopping Center On Approximately 202 Acres At The Southwest Corner Of Country Club Drive And Cook Street. Mr. Williams reviewed the Staff Report indicating that this request in conjunction with the Siegle development would represent the total allocation of Planned Commercial desig- nation in this area. However, one of the concerns looked at as a part of the North Sphere Study will be the commer- cial allocation. He reviewed the Planning Commission's recommendations, stating that they felt this zone desig- nation appropriate. In terms of recreational amenities, the Commission felt the number of pools should be increased substantially to the number proposed by the applicant. In terms of Commercial, the Commission felt there should be precise development standards applied. He concluded by reviewing the special conditions applied by the Commission dealing funds for the extension of the Whitewater Channel, participation in the amount of $34,000 for signalization fund, and set backs to be increased to provide for greater yard area. Mayor Pro-Tem McPherson opened the Public Hearing and invited input in FAVOR of the project: MR. STEPHEN FLESHMAN, 74-075 El Paseo, addressed Council as the architect for the project and indicated the applicant's agreement with all conditions. MR. TOM TAYLOR, 70-707 Frank Sinatra Drive, addressed Council indicating they had never believed that such a beautiful pro- ject could have been planned for this land. Mayor Pro-Tem McPherson invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 205 to second reading, approving a Change of Zone from PR-4 to P.C. (2) and a Preliminary Development Plan to allow 682 condominium units and commercial shopping center. Motion carried unanimously with the members present. E. CASE NO. C/Z 01-79, CITY OF PALM DESERT, APPLICANT: Con- sideration of a Request for Pre -Annexation Zoning From 'A' (Study) To PR-5, S.P., U.A. (Planned Residential, Max. 5 Du/Acre, Scenic Preservation Overlay, Upon Annexation) Zoning, Or Any Other Zone Deemed Appropriate For Approxi- mately 42 Acres Generally Located On The Northeast Corner Of Cook Street and 44th Avenue. Mr. Williams reviewed the Staff Report stating that the applicant had requested a PR-6 designation and a strip of commercial along 44th Avenue. However, the Commission had felt that the commercial should not be considered and elected to recommend a designation of PR-5 in that they felt it was more consistent with previous recommendations for property where there was no development. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the zone change. None was offered. Mayor Pro-Tem McPherson invited input in OPPOSITION to the zone change, and none was offered. He declared the Public Hearing closed. Mr. Williams asked that the Council note the letter from Indian Wells stating their recommendation of 3 units to the acre which is more compatible to their development. March 22, 1979 Page 5 VII. PUBLIC HEARINGS (Continued) E. (Continued) Councilman Brush moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 204 to second reading, approving a Change of Zone from 'S' Study to PR-5, S.P., U.A. Motion carried unanimously with the members present. F. CASE NO. TT 14081, DAVIS MOSS, APPLICANT: Consideration Of A Request For Approval Of A Tentative Tract Map To Create A 28 Lot Subdivision, Containing 24 Residential Condominiums on Approximately 5 Acres In The PR-5 Zone Located On The South Side of Hovely Lane East of Monterey Avenue. Mr. Williams stated that this was a request for a Tenta- tive Tract in compliance with a Development Plan previously approved by the Planning Commission for a 24 unit condominium unit on small acreage. He stated that both the Staff and the Planning Commission recommended approval. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the request. MR. BILL FITCH, 74-075 El Paseo, of Wallach & Associates, addressed Council on behalf of the applicant and stated the concurrence with all conditions. Mayor Pro-Tem McPherson invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Wilson expressed concern about approving projects without knowing what might or should take place in that whole area. Mr. Williams responded that this was the second Tentative Tract approved by the Council, and one of the major concerns in developing of this area is what to do with the homestead areas. Each is a little different, and each is unique. This type of development seems best suited for the area in view of the homesteaded land. Councilman Wilson inquired about the overhead line, and Mr. Williams advised that it was a 115 KV and could not be undergrounded. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-25, approving Tenta- tive Tract 14081. Motion carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 79-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CON- TIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE MUNICIPAL ORGANIZATION ACT OF 1977, WHICH PROCEEDINGS ARE DESIGNATED AS ANNEXATION NO. 6. Mr. Bouman reported that this was the final action of the Council on Annexation #6 which was approved by LAFCO on March 8th. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-30. Motion carried unanimously with the members present. B. RESOLUTION NO. 79-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CON- TIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE MUNICIPAL ORGANIZATION ACT OF 1977, WHICH PROCEEDINGS ARE DESIGNATED AS ANNEXATION NO. 8. MR. Bouman stated — "same speech, different annexation". Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-31. Motion carried unani- mously with the members present. March 22. 1979 Page 6 VIII. RESOLUTIONS (Continued) C. RESOLUTION NO. 79-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79 BUDGET TO PROVIDE FOR A CONTRIBUTION TO THE MASTER ENVIRON- MENTAL ASSESSMENT PREPARATION. Mr. Williams reported that the Executive Committee of CVAG had finalized and approved the contract for the Master Environmental Assessment Program for a total cost of $165,000. Each member agency is to provide their propor- tionate share, $14,370 of which is to be paid by the City of Palm Desert. This is based upon the previously approved formula. Councilman Newbrander pointed out that this was not just extra money, but that this agency will be doing work that is presently being done by our own Department of Environ- mental Services. Councilman Brush asked if this money will not be recovered in some way. Mr. Williams responded that we can charge for this information, which is one way of recovering the money. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-32. Motion carried unanimously. D. RESOLUTION NO. 79-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79 BUDGET TO PROVIDE AN ADDITIONAL APPROPRIATION FOR THE COST OF LIABILITY AND PROPERTY DAMAGE INSURANCE. Mr. Bouman reported that when the mid -year budget was prepared,. Staff attempted to take into consideration any additional insurance premiums. This is as a result of a mid -year audit by the insurance carrier and is based on increased expenses as a result of growth and activity. As a result, we have been presented with an additional invoice in the amount of $8,269. We had made some allowances for that, but it was more than we anticipated. The pro- posed resolution authorizes the appropriation of $4,950 to cover the premium. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-33. Motion carried unani- mously with the members present. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER D. REQUEST FOR EXTENSION OF BUILDING PERMIT By C. G. Dunham & Company for Sandroc Development. Councilman Wilson explained that he had requested discussion on this item because of the recommendation for denial of the request. He felt that the Council had already established a precedent in granting these extensions. Mr. Bouman stated that the Director of Building & Safety did not necessarily object to the extension, but he did not have the authority to grant it. What seems to be happening is that builders are encountering unseen delays as a result of material and labor shortages, and financing is more difficult. Therefore, they cannot start as soon as they thought. In this case, he felt that the request was from one of the City's more reliable builders. Mr. Bouman added that the extension would create no additional costs to the City. March 22, 1979 Page 7 X. CONSENT ITEMS HELD OVER (Continued) Councilman Wilson moved and Councilman Brush seconded to grant the request for the 45-day extension on building permits for C. G. Dunham & Company for the Sandroc Development. Motion carried unanimously with the members present. XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR APPROVAL Of An Agreement Between The City Of Palm Desert And The County Of Riverside For Prosecution Services By The District Attorney's Office. Mr. Bouman reported that this Agreement was a long time in the making and that the City of Indio had recently entered into a similar agreement. It provides for services of the District Attorney's Office in prosecuting infractions and misdemeanors. It is very expensive for our own City Attorney to prosecute these cases, and the County has deputy prosecutors in the court most of the day and they are willing to prosecute our cases at a very favorable rate. We will save a good deal of time and expense. Councilman Newbrander moved and Councilman Wilson seconded to approve the Agreement and authorize the Mayor and City Clerk to execute. Motion carried unanimously with the members present. B. REQUEST FOR CONSIDERATION Of The Establishment of a Mobile Home Rent Review Commission For The City Of Palm Desert. Mr. Bouman reported that this was a request from a number of people dealing with what tenants of mobile homes feel to be unfair rent increases. From Staff's standpoint, he stated that there had not been enough time to research the matter and make a recommendation to the Council. The City of Palm Springs has wrestled with the problem a long time and finally took some action a few weeks ago. He stated he was not sure that the people were satisfied with it yet. Mayor Pro-Tem McPherson noted the number of people in the audience in attendance for this item. He requested that only the two individuals who asked in writing to speak do so on behalf of everyone. The following individuals read prepared statements (attached and made a part of these minutes as Exhibit "A"). MR. STEVE HUGHES, 43-101 Portola, Palm Desert, on behalf of the tenants of Marco Polo Mobile Village. MR. CARLTON H. PETERS, President of Silver Spur Chapter of Golden State Mobilhomeowners League. MR. DARYL GAYION, Portola Avenue, addressed Council stating that they had a real problem in that they could not just get up and move their coaches. What they really needed and asked Council to seriously consider rent staboli- zation. He stated that they had received help in Palm Springs, and although it was not what they wanted, it was a start. Mayor Pro-Tem McPherson asked if the tenants of Silver Spur Mobile Park had approached the Rent Mediation Panel. Dis- cussion followed as to the representatives on the panel all being real estate people. Council assured the members of Silver Spur Mobile Manor that this would not be the case again and urged them to submit a letter so their case could be reviewed by the Panel. March 22, 1979 Page 8 XII. NEW BUSINESS (Continued) Mr. Bouman noted that a letter had been received from the owner of Silver Spur Mobile Manor wherein he will be meeting with representatives of the tenants in that park in hopes to resolve their differences. Council referred the matter to the City Manager for an in-depth study and report and urged the tenants of Silver Spur Mobile Manor to submit a letter to the Rent Mediation Panel in the meantime. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 79-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF AB 292 RELATIVE TO STATE FUNDING FOR IMPROVEMENTS TO HIGHWAY 86 Mr. Bouman reported that Assemblyman Kelly will be presenting legislation next week for the improvement of Highway 86 between Indio and Brawley. Since the City is in agreement that this improvement is badly needed, it was felt that we should submit a resolution of support. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-34. Motion carried unanimously with the members present. 2. RESOLUTION NO. 79-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79 BUDGET TO PROVIDE FOR INCREASED TRAFFIC SAFETY COSTS. Mr. Bouman stated that this resolution provided for $11,500 out of the Unallocated Fund Balance to pay for some bills we did not know we would get from Caltrans for the City's share of traffic signal maintenance and energy. This is for signals on Highway 111 only. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-35. Motion carried unani- mously with the members present. 3. ON -GOING STUDY RELATIVE TO BILLBOARDS Mr. Bouman reported that he had been moving ahead with the study relative to billboards as directed by Council. However, the State Supreme Court has now taken action to uphold the City of San Diego's ban of billboards which is outlined in a 51 page opinion which the City Attorney has requested. This opinion will be analyzed as to what effect it will have on our Sign Ordinance. Jeff Patterson reported that this opinion could very possibly dictate to the City what we can or cannot do in the matter of billboards, and we should wait until it has been reviewed. Councilman Newbrander noted that any further study at this time would be a wasted effort. Council directed Mr. Bouman to wait any further study until the Supreme Court ruling can be reviewed as to its affect on Palm Desert's Sign Ordinance. March 22, 1979 Page 9 XV. REPORTS AND REMARKS (Continued) A. CITY MANAGER (Continued) 4. ANNUAL CHILDREN'S CIRCUS Mr. Bouman reported that he had received a request from the Chamber of Commerce to hold this event on property loaned to them for that purpose by Lewis Homes. The property is located on 44th Avenue between San Pablo and San Pasqual. The Director of Environmental Services has suggested a motion delegating to him as Zoning Admini- strator authority to review the plans for the circus and making sure things are in order. Councilman Wilson moved and Councilman Newbrander seconded to determine that temporary uses as provided in Chapter 25.64 of the Palm Desert Municipal Code are applicable in the Public Institutuional Zone District, thus giving authority to the Zoning Administrator to issue a Temporary Use Permit for the Children's Desert Circus. Motion carried unanimously with the members present. 5. TOWN HALL MEETINGS WITH SHERIFF'S DEPARTMENT Mr. Bouman reported that two public meetings had been scheduled for the following week on March 28th. One will be at 3:30 and the other at 7:30 p.m. in the Palm Desert Middle School Multi -Purpose Room. One thousand circulars have been mailed out to business- men in the community and another 70-80 distributed during this Council meeting and also to people visiting City Hall. 6. APPROVAL OF ADDITIONAL $6,500 TO ALREADY APPROVED $20,000 FOR CONSTRUCTION OF PLAYFIELDS AT SAN PABLO PARK SITE. Mr. Bouman reported that the Council had approved $20,000 during mid -year budget adjustments for the purpose of cooperating with C.O.D. for construction of playfields on C.O.D. property at 44th Avenue and San Pablo. That plan has not materialized as C.O.D. has problems with it. In trying to accommodate base- ball play, the City has approached Lewis Homes and received permission to use their park site. Plans have been prepared for the westerly part of the property for development of two diamonds. Because there is no water on the property, the project is going to cost between $6,000 and $7,000 more than the already allocated $20,000. We will not simply turn the money over to the Palm Desert Youth Sports Association, but we will moni- tor and control expenditures to see to it that a good job is done. We will have agreements with them wherein they will take full responsibility for upkeep and main- tenance and they will furnish the necessary sanitary facilities, and they will also pay the water bill. With the assurance that we can get a water line into that property, Councilman Brush moved and Councilman Wilson seconded to appropriate the sum of $6,500 from the Unobligated Fund Balance of the New Construction Tax Fund to Account "C.O.D. Recreational Fields", Account #31-4990-907. Motion carried unanimously with the members present. 2. CITY ATTORNEY None 3. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Pro-Tem McPherson asked that everyone note the Future Meetings listed on the Agenda. March 22, 1979 Page 10 XV. REPORTS AND REMARKS (Continued) l C. MAYOR AND MEMBERS OF THE CITY COUNCIL (Continued) Councilman Brush stated that he was not completely happy with the landscaping accomplished by the merchants on El Paseo in the block between Portola and Highway 111. He said that he didn't know if it was the lack of care or the types of plants put in, but he felt it looked badly. XVI. ADJOURNMENT Councilman Wilson moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Pro-Tem McPherson adjourned the meeting at 9:45 p.m. 7'l �A, JAMES E. ffcPHERSON, MAYOR PRO-TEM EDWARD D. MULLINS, MAYOR ATTEST: 1 SHEI R. GIL GAN, C CLERK CITY OF PAL DESERT, ALIFORNIA or March 22? 1979 Page 11 EXHIBIT "A" tresented by Stave Hu:?hes tenant at Marco Polo Mobile Village, Palm Desert Mr. Mayor and Council Members: On December 1, 1978 tenants of Merco Polo :Mobile v illae e received a v. 15% rent raise which was an increase of 37% to 62% over the past 18 month period. iir. Elmer Plum the previous owner of Marco Polo ralsedrents excessively in order to sell the park for a higher price. The new owner i'ir. Hay Van Alstine bou.xht the park on Sept. 1, 1978 and raised the rents 15% and immediately put the Park on the market looking for a partner and raised the selling price three hundred thousand dollars. The park owners are getting rich at tha expense of the tenants, and there is no end in sight. Nintey five per cent of our tenants are retired and we have 27 widows. There are many senior citizens livin:z on fixed incomes. The Federal Govt says a 5% vacancy factor is critical in the rental market. In Palm Desert mobile home perks there is a zero vacancy factor. Classical economical theory says that if demand exceeds su:ply, supply, will co:lie up to meet the demand. The higher rents end profits go the more parks will be built end then rents will cane down. This hes not been hae enin in California. We hear of more end more City Councils beco,ainv aware of the great injustices bein3 per.etrated upon renters and numerous cities in California have enacted rent controls or rent review commissions. The City of Sen Juan Caeistrano, Calif. very recently established a leobile Home Perk review board. I quote from Sec. 1 of the ordinance. The City Council finds and determines that: A. There is presently, within the Cit; and surroundin` areas, a shertae of spaces for the location of mobile hones, resulting in a low va.ca.acy rate and risin7 space rents. c. :�otile home owners have invested substantial sums i.n their mobile homes and apeurtenances. C. Alternative site for the relocation of ,mobile homes are difficult to find, and :novin.z and installion of mobile hones is exr?nsive, with the possibilities of da.na_e to the units. March 22, 1979 Page 12 EXHIBIT "A" 1 The Council does, eccordin1y, find and declare that it is necessary to protect'ths.residents of mobile hone„ from unreasonable space rent • increases and/or assessments end unreasonable rules and reula.tions, recognizing the need of mobile home park owners to receive a "fair return" on their investment and revenues sufficient to cover any increased costs of repairs, maintenance, insurance, upkeep and additional amenities. Unquote. This quotation says it all. tt is the same predicament the tenants of ialm Desert find themselves in. We have e problem we can't solve. We need help and are appealing,: to the City Council to adopt the City of Vacaville Rent Review Commission ordinance of which you have been furnished 8 copy. • Thank you for letting us appear here and present our problem. your time and consideration are appreciated. Sincerely,. Steve Hughes March 22, 1979 Page 13 EXHIBIT "A" I am appearing here on behalf of the residents of tne :Mobil Park ih wc.ich I live, and requesting your earnest consideration, and adoption, of an equitable rent control measure. Equitable to both the resident and the owner, ratter than a one sided measure for either one. Some may say that they don't want to destroy tne Free Enterprise system by the adoption of a measure of this type. free Enterprise means that you may charge any price you wish for your product. I in turn may buy your product at your price, or not, or I can sciop around for a better price, or I can decide not to buy t all. !Mobil Home residents agree with this. However, ?ree Enterprise with regard to the Mobil home resident works out a little differently than this. The owner can charge whatever ne wishes for rent, but we as resiaents do not have the option to take it or leave it. At tnis point, Free Enterprise fails. Trite, we live in mobil homes --homes tnat can be moved. However, the problems of moving, and the costs involved made such a move a very difficult and expensive one. Why? Well, where would we god Some cities, like Palm Desert, have decreed YO ,MORE mobilparks. So, we can't move here. So you say, "But new parks are being built". Yes but tnere are few phces available at this time in tnis area, especially in Palm Desert. Do you realize that many new parks will not take a mobil home tnat is over three years old? So, Free Enterprise does not give us, the mooil home resident, the opportunity of taking or leaving the rent raises. Therefore, we do not feel that Free Enterprise will be impaired by the adoption of such a measure as we are requesting. :Mobil Howe residents today have little alternative than to accept the gouges of money hungry owners wno raise rents without conscience. As an example. The rent on yily space for tne ensuing year will be 400 higher than it was on Jan. 1, 1978. Others witn wnom I have talked say they have had up to 65J raises in that same time, and tnese raises with no apparent consideration for such benefits as proposition 13 has afforded property owners. We accept that the owner has made no legal violation in raising rents---morzily perhaps ---but legally, no. However, we are not at all convinced that the owner's coats of operation have increased by 40%, or more, since Jan. 1, 1978. Analyze your own businesses. Have your costs of operation increased by 4016, or more, in that time? I very much doubt it. But if they had, and you wanted to move to a new location, and were in the position of :mobil Home residents witn no place to go, you couldn't help but be chagrined, and with a feeling that you were being taken. nt our park, and I'm sure it is true in most otters, we have retired people from successful merchants and professional people down to single people witn fixed and minimal incomes. '+ictn this::represenitativeiCrossasection of society, I do not know of any Mobil Park with a slum area. Do you? How many cities, especially those who do not want ;Mobil March 22, 1979 Page 14 EXHIBIT "A" j Parks can truthfully make the same claim? We are friendly people, and nearly everyone knows where every one Base lives, and could direct a stranger to the home of wromever they were seeking. If your home were located in tne center of an area of 200 residential units, how many residents of your area could, if asked, direct a stranger to your home? There are planners (?) who feel that rents should be charged on the basin of incomes received by residents. If Mr. A has an income of 3 times that of Az*. B, these planners feel that Mr. A should pay more rent that Ar. B. Why? Both receive the same services from their park, and have tne same park facilities available for their use. We residents do not feel tnis ie a fair and reasonable,metnod of assessments of rents. Also, some feel that because Mr. A's Mobil Home has increased in value for one reason or another, that Mr. A should pay more rent, and they use that argument as a reason for raising rents. Here, again, all residents receive the same services, so why should Mr. A. pay more than Mr. B just because someone feels that for some reason one Mobil Home is more valuable than another? If that argument is valid, why then have owners of older homes been assessed the same rent raise that owners of newer homes have been? Shouldn't they receive a refund instead? We believe that tninking of this calibre is grossly unfair, and completely illogical. One of tne ways to protect your Mobil Home communities is to do something to keep rents from skyrocketing in tne ensuing years. Inflation, plus. 40% or more rent raises make living very difficult, especially for those on minimal incomes. 40% plus rent increases will drive people to other communities, to where we can't say, or how we can't say. I have alao heard of those who can ;t afford rents asked by some apartment house owners, and are forced to move elsewhere to find work. This results in loss of labor and citizens from our community. Are we to believe that you really want this to hapr:en to Palm L)esert? We believe not, and respectfully request your earnest and sincere consideration of the adoption of some measure that will gear rent increases to the cost of living increases, or perhaps decreases. Respectfully submitted: President of Silver 'Spur Chapter Golden State i+.obilnomeowners League March 22, 1979 Page 15