Loading...
HomeMy WebLinkAbout1979-05-10REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, MAY 10, 1979 CITY HALL COUNCIL CHAMBERS if iC * i i i �' k * i i ** ** i�' i�C i�f * `�C i Jf .. .. .. Tf :C is iC :C % � `f f `f i. � `C `C * * � % `f i. x * I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:00 p.m on Thursday, May 10, 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 Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney Paul E. Byers, Director of Finance Carlos L. Ortega, Assistant to the City Manager L. Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION Declaring May 20th through May 26th, 1979, as YOUTH AWARENESS WEEK in Palm Desert. Mayor Mullins read the Proclamation which pointed out that Saturday, May 19, 1979, would be Fiesta Day at the Community Park to honor the youth in Palm Desert. Ms. Alison Hanson and Ms. Jo Romero of Soroptimist Inter- national of Palm Desert accepted the Proclamation. Ms. Hanson emphasized the need for honoring our youth as they are our future. B. REDEDICATION OF THE FREEDOM SHRINE By Mr. Ralston Calvert, Palm Desert Exchange Club. Mr. Calvert rededicated the Freedom Shrine donated by the Exchange Club and on display in Council Chambers. He stressed the importance of our freedom today, how hard earned it had been, and the value we should place on our citizenship. Mayor Mullins thanked Mr. Calvert and the Exchange Club stating that it was great to have them remind us each year of just exactly how fortunate we are to be free. He also expressed the pride the City had for the Freedom Shrine itself. May 10, 1979 Page 1 V. AWARDS, PRESENTATIONS, AND APPOINTMENTS (Continued) C. APPOINTMENT OF PLANNING COMMISSIONER To Fill The Unexpired Term of Mrs. Gloria Kelly (Continued from meeting of April 26, 1979). Mayor Mullins stated that we have had a great number of applications, all of which have been tremendously quali- fied. It is difficult to decide, and that is why it has taken the Council so long in making a decision. Mayor Mullins nominated Mr. Jim Richards in that he had worked for the City on various conuuittees and would bring somewhat the same outlook as Mrs. Kelly had. Mayor Pro- Tem McPherson seconded the nomination. Councilman Brush nominated Mr. Mary Eisen, a local business- man. Councilman Newbrander nominated Mr. Lou Brandi, a local businessman. Councilman Wilson moved to close nominations, and Councilman Brush seconded the motion; carried unanimously. On a roll call vote, the following votes were cast: MR. JIM RICHARDS - Mayor Mullins & Mayor Pro-Tem McPherson. MR. MARV EISEN - Councilman Brush & Councilman Wilson MR. LOU BRANDI — Councilman Newbrander Mayor Mullins pointed out that it would take four affirmative votes to make the appointment and suggested further discussion in Study Session. The item was continued to the meeting of May 24, 1979. D. APPOINTMENT OF PARKS & RECREATION COMMISSIONER To Fill The Unexpired Term of Mr. John Hill. Mayor Mullins announced that the Parks & Recreation Com- mission would be asked to suggest individuals they feel qualified and willing to serve on this Commission. Council- man Brush stated that he felt they should suggest 3 names. The item was continued pending receipt of these suggestions. E. APPOINTMENT OF MEMBER TO THE BUILDING BOARD OF APPEALS AND CONDEMNATION To Fill the Expired Term of Mr. Kenneth Roberts. Mayor Mullins nominated Mr. Kenneth Roberts for reappointment to this Board, and Councilman Newbrander seconded the nomina- tion. Councilman Wilson moved that nominations be closed. By unanimous vote, Mr. Kenneth Roberts was reappointed to the Building Board of Appeals and Condemnation for a five-year term com- mencing May 1, 1979. *F. CITY CLERK'S WEEK - Mayor Mullins announced that May 7th through llth had been City Clerk's week and although no proclamation had been prepared, he extended Council's appreciation to Mrs. Gilligan for a job well done. *G. RESOLUTION OF APPRECIATION to Mr. Paul A. Williams, Director of Environmental Services, for Five Years of Meritorious Service. Mayor Mullins read the Resolution of Appreciation (attached hereto and made a part of these minutes as Exhibit "A"). Mayor Mullins thanked Mr. Williams for an outstanding job done for the City of Palm Desert. Councilman Brush stated that he had toured the business area of the City just recently and noted that it has come along better than any other City in the entire Valley — with a great deal of thanks to Mr. Williams. Mr. Bouman presented Mr. Williams with five years' worth of service pins and noted that he would hate to see where :he City would be without Paul His job was one of press -re, often,critjcized, but he had never seen Mr. f *(unsc :edule, items) 7 n ) V. AWARDS, PRES=1;TATIONS . ' AND APPOINTMENTS --(Continued;• G. (Continued) Williams act in any way but one of professionalism. Mr. Williams accepted the Resolution and service pins, thanking both the Council and Mr. Bouman. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of April 26, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 79-104. Rec: Approve as presented. C. LETTER OF RESIGNATION From Mrs. Charlotte L. Flores From Her Position As Member of School Advisory Committee. Rec: Accept with regret. D. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION From Their Meeting of April 19, 1979. Rec: Receive and file. E. REQUEST FOR APPROVAL OF TRACT NO. 5682, SHADOW CLIFF COLONY. Rec: Accept the Tract as complete and authorize the City Clerk to release all bonds. F. REQUEST FOR APPROVAL OF NOTICE OF COMPLETION ON CONTRACT NO. 1021, RESURFACING OF VARIOUS STKthIS. Rec: By Minute Motion, accept the contract as complete and authorize the City Clerk to record the Notice of Completion, G. REQUEST FOR APPROVAL OF FINAL TRACT MAP 12202, SUNRISE CORPORATION, APPLICANT. Rec: Waive further reading and adopt Resolution No. 79-48, approving the Final Subdivision Map for Tract No. 12202 and approving the Final Subdivision Agreement relating thereto. H. REQUEST FOR APPROVAL OF FINAL TRACT MAP 12181--1 & -2, LEWIS HOMES OF CALtrUKNIA, APPLICANT. Rec: Waive further reading and adopt Resolution No. 79-49, approving the Final Subdivision Map for Tract Nos. 12181-1 and 12181-2 and approving the Final Subdivision Agreements relating thereto. Councilman Wilson requested that Item "C" be removed from the Consent Calendar for discussion under Section X of the Agenda. Councilman Brush moved and Councilman Newbrander seconded to approve the Consent Calendar as presented with the exception of Item "C". Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. 948 (AMENDMENT), MARRAKESH PROPERTY OWNERS ASSOCIATION, APPLICANT: CONSIDERATION OF AN APPEAL FROM PLANNING COMMISSION MODIFIED APPROVAL OF AN AMENDMENT TO A VARIANCE TO INCLUDE A GENERAL REAL ESTATE OFFICE IN THE MARRAKESH COUNTRY CLUB IN THE PR-3 ZONE, ON THE WEST SIDE OF PORTOLA AVENUE BETWEEN GRAPEVINE STREET AND HAYSTACK ROAD. Mr. Williams reviewed the Staff Report stating that in May 10, 1979 Page 3 VII. PUBLIC HEARINGS (Continued) A. (Continued) reaction to a request to amend the Development Plan for Marrakesh Country Club to allow the establishment of an office for resale of real estate, the Planning Commission held a Public Hearing and considered that request by the Marrakesh Country Club, and they were considering an amendment to the Development Plan for Marrakesh which was a variance under the County which we accepted upon incorporation. The Com- mission, in reviewing this request, felt that the issue was how to allow the commercial activity as an ancillary use to the main activity which is residential. In order to do that, the Commission felt that it would be appropriate to approve the request as a management activity with related real estate sales activities. After holding two public hearings on the matter in which they received a great deal of testimony both from resident representatives of Marrakesh and also the Board of Realtors, the Commission did approve a management activity with related real estate sales activities. The applicant has appealed that decision to the City Council, and his basis for the appeal deals with Condition #4 which relates to outside real estate offices. It is the appli- cant's opinion that the Planning Commission and/or the City has no right to control private contractual agreements which this would appear to do. In Staff's review of the purpose of the Commission's decision which was to define whether or not this would be permitted use under the Planned Residential Zone and therefore a use that is appropriate to be approved as a part of the Development Plan, Staff is of the opinion that the Commission acted correctly in terms of use designation and applied the conditions necessary to guaran- tee compatibility of the use to the overriding use of the club which is residential. Finally, Staff does not believe the issue of whether the City has jurisdiction or power to dic- tate the terms of contracts between private parties has any standing in this matter. Therefore, it is Staff's recom- mendation that the appeal be denied and the Commission's action approved by Resolution No. 79-50. Mayor Mullins announced that this was the time and place for said Public Hearing and declared the hearing open. He invited input in FAVOR of the appeal. MR. RICHARD ROEMER, representative of Marrakesh Property Owners' Association, 231 Serena Drive, Palm Desert (office located at 73-941 Highway 111), stated that their appeal dealt with Condition ##4 specifically and why the Marrakesh Property Owners Association should be prevented from entering into a contract with a licensed real estate office to handle the property management of Marrakesh as well as resales. The question of whether or not the person who sits in that office there is associated with an organization known as Walker and Lee, Myra Goldwater, or anybody else that can be mentioned would seem to be totally immaterial and actually not the concern of the City. He stated that John Dawson had developed the property, had had an office in the very same building, was a licensed real estate broker, was engaged in resale activity as well as property manage- ment at Marrakesh, and the fact that he was not associated with a so-called downtown realtor seemed to make no differ- ence. The office at Marrakesh is totally separate from the downtown Walker & Lee office. The people from that office are no more permitted to go into Marrakesh than any other realtor in the area. He stated that this was not a general real estate office; it does not deal with outside property and never has. They are primarily a service and a convenience to the homeowners of Marrakesh. Mr. Roemer pointed out that when John Dawson pulled out of Marrakesh, it was handled on an open bid basis with a half dozen or so brokers in the community applying to take over the Marrakesh office. Walker & Lee presented the best pro- posal and obtained the contract. He felt the other six or so bidders were the ones comoLainingg now. He concluded by stating �-- at he did not' feel it was -ehe City's province VII. PUBLIC HEAR. .;S (Continued) - A. (Continued) to say who Marrakesh can contract with. He felt that it was a "distinction without a difference" and that the City was imposing an unreasonable burden on Marrakesh. He requested that all of the conditions of the amendment 1 through 6 be accepted with the exception of No. 4. He asked Council to reconsider and eliminate that provision which he did not believe served any purpose for the City or the citizens of Palm Desert. Mayor Mullins invited input in OPPOSITION to the appeal. MRS. PHYLLIS JACKSON, 73-663 Desert Circle, Palm Desert, addressed Council on behalf of the Palm Desert Board of Realtors. She called attention to the Resolution of the Palm Desert Board of Realtors which was included in Staff's report to Council. Mrs. Jackson read a prepared statement of opposition (attached hereto and made a part of these minutes as Exhibit "B") which opposed the appeal on the following 4 points: 1. Precedent setting. 2. Free Marketplace 3. Homeowners not unanimously in favor. 4. Planning Commission's Jurisdiction. Mayor Mullins invited any further public input or rebuttal. MR. RICHARD ROEMER offered rebuttal relative to the free enter- prise system stating that characterizing what has happened in Marrakesh as in opposition to free enterprise was wrong. Mayor Mullins declared the Public Hearing closed. Councilman Brush stated that in his mind, this is not a question of restriction of trade or infringement of rights, but quite simply whether or not we want a commercial enterprise in a resi- dential zone. As far as he was concerned, that's the only ques- tion that Council should be concerned with. To his way of thinking he stated, management services — yes; commercial sales no. The only exception would be when a project is new and a temporary office is applied. for. Councilman Newbrander stated that she thought that no matter whether John Dawson was a broker or not, he was the developer and that's a little different angle. Councilman Wilson stated that having read through all this tes- timony and the various hearings of the Planning Commission, he tended to agree with Councilman Brush that the basic issue is do you want it or not, but he thought the Planning Commission wrestled with this, came up with what he thought was a reason- able compromise, and provided the management services within the walls of Marrakesh but not allowing a branch office of the real estate firm within the confines of Marrakesh. Councilman Brush moved to uphold the findings of the Planning Commission and deny the appeal by Resolution No. 79-50. Councilman Wilson seconded the motion; carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 79-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH SILVER SPUR ASSOCIATES FOR IRONWOOD PARK AS ACCEPTED BY CITY COUNCIL RESOLUTION NO. 78-92 Mr. Williams reported that when this offer was originally made, there were two stipulations requested by the appli- cant: (1) An attempt on the part of the City to obtain an easement across an adjacent parcel for a water line. Since the acceptance of the offer, that easement has not been attainable, and the amendment shows the easement down public streets; (2) Secondly, the location of well sites has been finalized. Staff recommends approval of this May 10, 1979 Page 5 VIII. RESOLUTIONS (Continued) A. (Continued) amendment so that transfer of the park site can be completed. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-51. Motion carried unanimously. B. RESOLUTION NO. 79-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING AND ENDORSING THE CREATION OF A RESERVE FOR THE COACHELLA VALLEY FRINGE - TOED LIZARD. Mr. Williams reported that CVAG had requested the City to consider the possibility of a reserve for this endangered species. The proposed site is north of Interstate 10. The request was forwarded to the Planning Commission, and they are recommending that the Council endorse in concept but not the location. Councilman Newbrander asked if there weren't better locations south of Interstate 10, and Councilman Wilson replied that this location had been approved by the State Wildlife Commission. Councilman Brush pointed out that we would not be endorsing a specific area but rather the concept of a reserve. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-52. Motion carried unanimously. C. RESOLUTION NO. 79-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A POLICY WITH REGARD TO THE WAIVER OF CONSTRUCTION RELATED FEES FOR NON-PROFIT ORGANIZATIONS. Mr. Williams reviewed Staff's report indicating that he had completed a survey of this matter with the analysis showing that other cities do collect fees from non-profit organizations. He discussed the fact that some of the services such as Planning Commission review of a CUP or inspections related to the actual construction are direct and somewhat immediate, while police and fire, which are collected in the New Construction Tax, are not immediate or direct. Since the services provided, both in the short term and long term, are without regard to the purpose of the facility, it does not seem reasonable to waive the related fees for specific projects or classes of projects. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-53. Councilman Wilson stated he had mixed emotions about this. He felt organizations such as the Family Y, churches, etc., who were fulfilling a definite need in the City would be having the door shut in their face. He felt that the City should do as all others do and review them on a case -by -case basis. Councilman Brush stated that in essence this could be done in that these organizations could appeal to the Council for waiver of fees. Mr. Bouman stated that the City Attorney advised this was a resolution or policy, not an ordinance and still pro- vides for individual appeals. Mayor Mullins called for the vote, and a unanimous vote was cast, adopting Resolution No. 79-53. May 10, 1979 Page 6 ,TT RrSOLITIONS lCon ... D. RESOLUTION NO. 79-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79 BUDGET TO PROVIDE FOR INCREASE COSTS FOR THE BALLFIELDS AT CIVIC CENTER PARK. Mr. Williams reported that the cost of the water line was over the estimate and there was also an additional unexpected cost for the electrical panel. Therefore, an additional amount of $536.51 is needed to pay for the project. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-54. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 206 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT MUNICIPAL CODE IN SECTION 25.92, ET SEQ, BY CHANGING THE ZONE FROM 'S' STUDY TO RM (U.A.) ON APPROXIMATELY 40 ACRES LOCATED BETWEEN 42ND AVENUE AND MERLE DRIVE, EAST OF REBECCA ROAD. CASE NO. CZ 02-79. Mr. Bouman reported that this was the second reading of the ordinance, and there had been no further input received. Councilman McPherson moved and Mayor Mullins seconded to waive further reading and adopt Ordinance No. 206. Motion carried on a 4-0-1 vote, with Councilman Wilson abstaining due to his absence at the previous meeting. B. ORDINANCE NO. 207 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUGMENTING SECTION 5.08.020 OF THE CODE OF SAID CITY BY INCREASING THE GROSS RECEIPT TABLE OF CATEGORY I. Mr. Bouman reported that this was the second reading of the ordinance, and there had been no further input received. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 207. Motion carried on a 4-0-1 vote, with Councilman Wilson abstaining due to his absence at the previous meeting. X. CONSENT ITEMS HELD OVER C. LETTER OF RESIGNATION From Mrs. Charlotte L. Flores From Her Position As Member of School Advisory Committee. Councilman Wilson stated that he had asked for this item s removal for discussion in order to request that a letter of thanks be sent to Mrs. Flores for her service on the Committee. He also reported that the Committee is doing a good job. They have expanded their own ranks both in Palm Desert and in Indian Wells, and they now have about 10 people meeting on a regular basis. There would be no need at this time to replace Mrs. Flores. However, her services should be recognized for getting this Committee off the ground. XI. CONTINUING BUSINESS None XII. NEW BUSINESS None May 10, 1979 Page 7 XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman stated that the ballfields that Council had taken action on earlier were ready for use. In fact, he had had a call from Mr. Jensen that date stating that they were planning to commence play on those fields next week. He pointed out that the fields are new, but they won't look new by the end of the season. Mr. Bouman also reported on the status of the Volunteer Firemen. He stated that it was taking time to get started and for word to get out. At present, there are at least 4 new volunteers and 2 more will be joining in May. This makes about 10-12 total volunteers — not nearly enough, and he stressed the need for word to get out. Training started last week. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins announced that two additional study sessions would be held on May 15th and May 22nd at 5:30 p.m. for the purpose of budget review. All other meetings scheduled remained as listed. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimousl . ayor Mullins adjourned the meeting at 8:15 p.m. ATTEST: SHEILA R. GILLIGAN, CITY" CLERK CITY OF PALM DESERT, GJIFORNIA EDWARD D. MULLINS, MA OR I or JAMES'. McPHERSON, MAYOR PRO-TEMPORE EXHIBIT "B" TESTIMONY IN OPPOSITION TO MARRAKESH APPEAL OF PLANNING COMMISSION RESOLUTION NO. 470. PRESENTED BY PHYLLIS JACKSON ON BEHALF OF THE PALM DESERT. BOARD OF REALTORS MAY 10, 1979 I PRECEDENT SETTING 1. Recognize need for mgt. etc. 2'. Open door to other so-called convenience services 3. Purpose of zoning ordinance...protect residential from intrusion by business. II FREE MARKETPLACE 1. Realtors ethically committed to cooperate with each other. 2. Many qualified buyers may already be represented by outside agents...non-cooperation by on -site office detrimental to best interests of homeowner. III HOMEOWNERS NOT UNANIMOUSLY IN FAVOR ,1. Commentary from several indicates concern that this arrangement does not serve the homeowner's best interests in marketing their property since the agreement includes a substantial fee for the office space which reduces the sales commission making it economically unattractive for outside cooperation. Many indicated "gentle persuasion" was used by a few desiring on -site office and was not representative of the entire association...some estimating possibly less than 30% in favor of it. It would be interesting to see a copy of the lease agreement. One owner stated an amount equal to 26% of each sales commission. This point was considered at great length by the Planning Commission...one commissioner voiced the opinion that it was not only ethically but morally improper in the free enterprise system. • May 10, 1979 Page 10 EXHIBIT "B" (Continued) IV CONCLUSION Such requests as this are brought before the Planning Commission because such decisions are their function in city government. Normally, such requests are either denied or approved. In this case, there was a continuance and considerable testimony given heed from both proponents and opponents and the commission, in their good wisdom, recognized the desire of Marrakesh homeowners and arrived at a more than fair compromise instead of a flat denial. I would hope the council will consider, thoughtfully, the past public hearings and appreciate the sincere interest of the commission in making this compromise and uphold their decision. May 10, 1979 Page 11