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HomeMy WebLinkAbout1975-08-28MINUTES CITY COUNCIL MEETING AUGUST 28, 1975 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:00 p.m. on August 28, 1975, by Mayor Pro-Tem Noel J. Brush at the Palm Desert City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilwoman JEAN BENSON, Councilman JIM McPHERSON, and Mayor Pro-Tem NOEL BRUSH Absent: Councilman CHUCK ASTON and Mayor HENRY CLARK Others Present: Harvey L. Hurlburt, City Manager Steve Fleshman, Assistant Associate Planner Dave Erwin, City Attorney V. APPROVAL OF MINUTES Councilwoman Benson moved and Councilman McPherson seconded that the minutes of the August 14, 1975, meeting be approved as presented; carried unanimously. VI. AWARDS, PRESENTATIONS AND APPOINTMENTS A. Mayor Brush advised that Mr. Don Shayler had been forced to resign from the Design Review Board due to other business commitments. He further advised the appointment of Mr. George Minturn, a civil engineer, to fill the vacancy on the Board. VII. CONSENT CALENDAR None VIII. PUBLIC HEARING A. Case No. 1C MARKET BASKET: Consideration of the facts relative to compliance of the expansion of the Market Basket Supermarket located at 73-601 Highway 111, to the conditions of approval as specified in Planning Commission Resolution No. 7. Mayor Brush declared the public hearing open. City Attorney, Dave Erwin, advised that first the City staff would be asked for comments, then Market Basket and the master leaseholder would present their comments, followed by any individual wishing to speak for or against the case. Council would be allowed time at the end of the hearing for additional questions. August 28, 1975 Page 1 A court stenographer was present to record the hearing verbatum (copy of transcript attached to the minutes). Mr. Hurlburt, City Clerk, swore in all individuals about to give testimony in the case, attesting to the fact that their testimony would be the truth. Steve Fleshman presented background information relative the case giving specific dates and discussing areas of considered noncompliance to the conditions of the Planning Commission Resolution No. 7. He further advised Council of potential alternatives available to them to resolve the problems involved. He indicated that Staff recommended the continuation of the matter to November 13, 1975, with the stipulation that the representatives of Market Basket file a cash deposit in the amount of the cost of the remaining improvements and some written guarantee that every attempt would be made to complete the remaining improvements by this continued hearing in November. For this guarantee and cash deposit, the expanded portion of the Market Basket would be allowed to remain occupied during this period. The stipulated agreement would also include the right of the City, if at the end of that time it was deter- mined that the improvements had not been completed, to utilize the cash deposit to have the work completed by contractors selected by the City Council. Mr. Fleshman further indicated that representatives had met with Staff that afternoon proposing some modifications to the original plot plan as follows: 1. The sidewalk width along El Paseo should be reduced to 6' with 5' of landscaping and a 30" decorative masonary wall. 2. Said 5' landscaping strip shall be installed to the specifications of the Director of Environmental Services. 3. The sidewalk along Larkspur shall be 10" in width; and also with appropriate landscaping. 4. The existing masonry wall screens shall be painted with a color to be determined by the Director of Environmental Services. 5. All exposed utility receptacles shall be screened in an appropriate manner. 6. All trash containers shall be enclosed as per City requirementa and maintained in a manner acceptable to the Director of Environmental Services. 7. Additional architectural treatment shall be given to the rear of the entire shopping center. Staff recommended approval of the aforementioned modi- fications to insure an expeditious completion of this project. Mr. Peter Stoderow, Attorney for Market Basket, 3435 Wilshire Boulevard, Los Angeles, California, addressed the Council indicating that Market Basket had conformed to all of the requirements set forth by the City as far as the interior of the store was concerned. He further indicated that it was unfortunate that the master lease- holder, Mr. Gerald Graziadio, and Market Basket had not been able to come to an agreement as to the completion of the exterior but that he felt such an agreement had now been reached. He urged, however, that Council agree to the modifications as outlined in Mr. Fleshman's report. August 28, 1975 Page 2 Mr. Stoterau stated that a problem existed with the construction of the specified sidewalk in that it was to be constructed on land that neither Market Basket nor the master leaseholder owned. It is owned by Mr. Kenneth Childs and neither Market Basket nor Mr. Graziadio had been able to contact him regarding the matter. Mr. Stoterau did not feel that it would present a major problem, however. Mr. Stoterau emphasized that no benefit would be served in the closing of the market in that many people shopped there, and it did, in fact, employ a good number of people from within the community. Mr. Stoterau raised an objection to posting a bond by Market Basket and asked Council not to make this a part of their decision. He expressed question regarding the utility receptcles in that they did not belong exclusively to Market Basket but rather to all of the shops in the center. Mr. Michael P. Ridley, Attorney for master leaseholder, Mr. Gerald Graziadio, 611 West Sixth Street, Los Angeles, California, advised Council of his client's concern over the closing of the major tenant. He further reiterated on the statements made by Mr. Stoterau and indicated that Market Basket and Mr. Graziadio had reached an agreement in solution of the problem. Mr. Tom Gregory, Real Estate Manager for Market Basket, addressed Council to state that agreements of this nature between them and leaseholders were not unusual'and that they, Market Basket, believed they had upheld their end of the bargain. After further discussion between Council and the attorneys involved, Councilman McPherson moved that the matter be continued to November 13, 1975, in accordance with the recommendation of Staff and the conditions of staff be imposed with the exception of #7 regarding additional architectural treatment to the rear of the entire shopping center and that landscaping be worked out by Market Basket and Mr. Graziadio including the posting of a cash deposit by Market Basket as outlined in Staff's recommendation; Councilwoman Benson seconded the motion. Carried unanimously. Mayor Brush asked that staff get together with representatives of Market Basket and the master leaseholder to assist them in any way possible. IX. RESOLUTIONS A. Mr. Hurlburt stated that review of the budget was still being conducted and that continued review had been proposed. He recommended that the resolu- tions concerning the budget be held over until the next Council meeting of September 11, 1975. Councilman McPherson moved and Councilwoman Benson seconded that Resolutions 75-70 and 75-72 be carried over to the September 11, 1975, meeting; carried unanimously. B. RESOLUTION NO. 75-73 - adopting a revised vacation policy for the City of Palm Desert. Mr. Hurlburt explained that this resolution would not affect the budget and that Council could act on it. The resolution establishes certain positions to be exempt from overtime with an additional one -week's vacation time awarded those employees involved. He explained that City employees contribute time much in excess of the one -week vacation and that the City would benefit in the long run from the adoption of this resolution. August 28, 1975 Page 3 Councilman McPherson moved and Councilwoman Benson seconded to waive further reading and adopt Resolution No. 75-73; carried unanimously. C. RESOLUTION NO. 75-71 - Establishing Certain Temporary Part -Time Positions for the City of Palm Desert. Mr. Hurlburt indicated that this is not a matter of adding to the staff. A number of part-time positions have been authorized by Council, some of which are funded by CETA. This resolution is the first time, however, that such positions have been listed in one place. Councilman McPherson moved and Councilwoman Benson seconded to waive further reading and adopt Resolution No. 75-71; carried unanimously. D. RESOLUTION NO. 75-76 - Establishing fees for refuse collection. Mr. Hurlburt stated that all problems had been worked out with the proposed refuse collection contractor. He further indicated that the collection fees were the same as those being charged by the contractor now with the exception of a reduction in the walk-in service fee of $4.50 to $4.00 per month. Councilman McPherson questioned whether or not twice a week service could be negotiated at a later date if this resolution were passed. Mr. Hurlburt stated that any part of the agreement or fee schedule is subject to negotiation and subsequent Council approval at any time deemed feasible in the future. Councilman McPherson moved further reading of Resolution No. 75-76 and adoption. Councilwoman Benson seconded the motion. Carried unanimously. E. RESOLUTION NO. 75-82 - Approving in Concept the Riverside County Solid Waste Management Master Plan. Mr. Hurlburt advised that the County Staff has requested that the Palm Desert City Council review the recently completed Riverside County Solid Waste Management Master Plan and grant its approval as required by State Law. He further indicated that the plan is lengthy and elaborated on a few points of the plan The Master Plan will have no direct effect on the City of Palm Desert in terms of requiring any direct financial assistance or providing any physical sites for the program. The one area that may affect the City is Major Element No. 11 which requires individual cities to compare their existing ordinances with a model ordinance prepared by the Advisory Committee and incorporate those revisions necessary to meet the overall standards. Overall, it appears to be acceptable. Councilman McPherson moved and Councilwoman Benson seconded to waive further reading and adopt Resolution No. 75-82; carried unanimously. F. RESOLUTION NO. 75-83 - setting a hearing for the purpose of showing cause as to why any occupancy permit should be granted to any of the nineteen (19) lots known as Mission Belle Homes until all require- ments are met for every lot in a manner acceptable to the City. Mr. Hurlburt reported that Mission Belle had cleaned all 19 of the lots to the City's satisfaction. However, although they have indicated fencing and landscaping will be completed, the City has not received anything in writing from them as to their proposed schedule for completing August 28, 1975 Page 4 this. Mr. Hurlburt further reported that all of the building permits had expired. There permits can be renewed only within the next year at a fee of 50% of the original fee. These permits can only be renewed once, but as long as some type of work continues, they will remain in effect. It is staff's feeling that the City's hands are tied with the exception of not granting occupancy permits until all units are completed. Resolution No. 75-83 sets a public hearing for this purpose and Staff recommends approval of this resolution. MR. STAN CLARK, Co -Owner of Pacifica Western/Mission Belle Homes, addressed Council indicating that additional funding for the project had not been received, thus explaining the extended delay in completion of the project. He stated that he was financially unable to complete all 19 of the units to specification and would like to complete 1 home in its entirety as a type of model. Progress on the remaining units would be accomplished as the units sold. Mr. Clark stated that a 100% completion requirement including landscaping and fencing would force him into bankruptcy. MR. JOHN SHANAHAN, 51-817 Avenida Velasco, La Quinta, addressed the Council in sympathy with Mr. Stan Clark. Mr. Shanahan stated that he had been in a similar posi- tion at one time and felt that if Mr. Clark were forced to complete all of the units entirely, he would run a strong risk of theft and vandalism of such things as compressors, sprinklers, windows, etc. MRS. VAL LITCHFIELD, 43-155 Portola, Palm Desert, President of Concerned Citizens, addressed Council indicating concern over the lack of fencing on the project. She stated that the surrounding homes were subjected to all kinds of debris and sand during wind storms and felt that fencing, particularly on the Palmdale lot, would help reduce this. Councilwoman Benson moved and Councilman McPherson seconded to adopt Resolution No. 75-83 establishing a public hearing on the matter for September 11, 1975, at 7:00 p.m. in City Hall Council Chambers; carried unanimously. Councilman McPherson suggested that representatives from Mission Belle Homes meet with the City Staff in the meantime to try to work out a feasible and mutually acceptable solution to the completion of these homes. X. ORDINANCES A. ORDINANCE NO. 82 - pertaining to the quarterly pro- rating of business license taxes and the addition of an option clause as to rate for local real estate brokers. Mr. Hurlburt stated that this ordinance had been presented for first reading at the August 14th meeting. The ordinance establishes a policy whereby business licenses will be prorated at 90% for three quarters, 60% for two quarters and 30% for one quarter. It also provides realtors with an option of chosing Category I of Ordinance 60 which is Gross Receipts Category. This allows some realtors in the low gross receipts category to reduce their fee from $75 to $50. Councilman McPherson moved and Councilwoman Benson seconded to waive further reading and adopt Ordinance No. 82; carried unani- mously. August 28, 1975 Page 5 B. ORDINANCE NO. 84 - Regulating the Collection, Trans- portation, Removal and Disposal of Solid Waste. Mr. Hurlburt indicated that this was the second reading of this ordinance which establishes a policy for not only the residents and business owners of Palm Desert but also the refuse collection contractor. He further indicated that it is a standard ordinance. Councilman McPherson moved and Councilwoman Benson seconded to waive further reading and adopt Ordinance No. 84; carried unani- mously. C. ORDINANCE NO. 85 - Amending Ordinance No. 26 Dealing with Uniform Fire Code. Mr. Hurlburt stated that this was the second reading of Ordinance No. 85 prohibiting bulk storage of flamatory material above ground throughout the entire city. Councilman McPherson moved and Councilwoman Benson seconded to waive further reading and adopt Ordinance No. 85; carried unai- mously. XI. CONSENT ITEMS HELD OVER None XII. CONTINUING BUSINESS A. Silver Spur Electrical Substation Reconstruction. Mr. Hurlburt reported receiving another letter from Mrs. Sam Ewing of Silverspur. He indicated that Staff has continued to follow the problem on a daily basis. As an attempt to correct the problem, the Edison Company has undergrounded lines, removed the existing telephone poles, and they are in the process of landscaping to improve the appearance. A meeting has been scheduled with the property owners involved, City staff members, and representatives of Southern California Edison for Tuesday, September 2nd, at 2:00 p.m. at City Hall. Mr. Hurlburt further indi- cated that S.C. Edison had been very cooperative and was very interested in resolving the problem. MRS. SAM EWING, 73-280 Buckboard Trail, addressed Council asking whether or not one of the transformers had been turned off. MR. KERMIT MARTIN, Area Representative of S.C. Edison, advised that one transformer had been turned off but that weekend activity had made it necessary to return it to service. MR. ROBERT FOSTER, Silver Spur, addressed Council with a question on why the Evergreen trees were being removed in the landscaping program. Mr. Kermit Martin responded that the only tree that was removed was dead. A continuing report will be provided at the September 11, 1975, meeting of the City Council. XII. NEW BUSINESS A. MRS. MARIAN HENDERSON, 73-597 Pinyon Drive, President of Desert Beautiful, addressed Council outlining a program which had been carried out by Desert Beautiful for the beautification of Highway 111. This program began in 1969 with funds obtained from the State for $54,000. However, neglect in watering and proper irrigation had led to the dieing out of the majority of the plants that had been put in. Mrs. Henderson stated that the City August 28, 1975 Page 6 was entitled to reimbursement by the State for any destruction done during highway construction or improve- ments. She further turned over to Council all material obtained from the State in the form of letters, etc. and stated that the $54,000 received by Desert Beautiful was entirely expended on the program and at the present time, the State did not owe the City any more money. Mrs. Henderson requested that the City use the plans provided by Desert Beautiful in the future proposed beautifican program as well as a rendering that they had. She expressed the hope that some type of Christmas decorations would be planned for the future also. Mayor Brush indicated that the City Staff would study all of the material presented by Mrs. Henderson and advised her that $30,000 has been allotted for the landscaping of Highway 111 and El Paseo with the intention of moving ahead on the project as soon as possible. B. Request for approval of Contractual Agreement Between CITY OF PALM DESERT and PALM DESERT DISPOSAL SERVICE, INC. for Refuse Collection Services. Mr. Hurlburt stated that this was a model contract assuring the proper refuse collection within the City. He further elaborated on some of the details of the contract and advised that Staff recommended approval of the contract. Councilman McPherson moved and Councilwoman Benson seconded the approval of the contractual agreement and authorization for the City Manager to sign it; carried unanimously. C. Case No. CUP-04-75 ELDON PROCK: Consideration of a conditional use permit to allow a small animal hospital to be constructed on the north side of Highway 111, between Montery Avenue and San Marcos Mr. Fleshman advised Council that the proposed use is in conformance with the General Plan and Zoning Ordinance. Such a permit will be in the interest of furtherance of the public welfare because it will result in the con- struction of an architecturally pleasing facility, capable of providing a needed service to the residents of the City. There are no such facilities at the present time. It will not be detrimental to the neighboring properties as it is completely enclosed and sound proofed in accordance with appropriate City codes. MR. ELDON PROCK addressed City Council and presented an artist's rendering of the proposed building. He stated that this animal hospital will only have small animals (domestic) and that they will be inside at all times. Even the runs for animals being boarded will be inside. Councilman McPherson moved and Councilwoman Benson seconded to uphold the findings of the Planning Commission and approve the Conditional Use Permit; carried unanimously. August 28, 1975 Page 7 D. Case No. CUP-05-75 FEATURE HOMES: Consideration of a conditional use permit to operate a temporary subdivision sales office for the Moroccan Palm tract in an existing garage at the northeast corner of Somera and Alamo. Mr. Fleshman advised Council that this project conformed to the provisions of the Zoning Ordinance and was com- patible to the existing development in the area in that it is located inside the garage of one of the units and will not require any other structure. The project does insure the protection of the public health, safety, and general welfare. Councilman McPherson moved and Councilwoman Benson seconded to uphold the findings of the Planning Commission and approve the project; carried unanimously. E. Case No. PM 6912 ELDON PROCK: Consideration of a parcel map to convert three 60' wide lots into two 90' lots on the north side of Highway 111, between San Marcos and Monterey. Mr. Fleshman reported that this project is in conformance to the Palm Desert Subdivision Ordinance No. 460 and the California Map Act as well as the Palm Desert General Plan and Zoning Ordinance. The proposed development does ensure the protection of the public health, safety and general welfare. MR. LLOYD MOUNT, Walker & Lee Real Estate, addressed Council in support of Mr. Prock. He further requested that Council consider requiring the undergrounding of utilities for Parcel #1 only. MR. JACK GORHAM, Benner & Ghormley Engineers, addressed Council on behalf of Mr. Prock regarding the under - grounding of utilities and the construction of a full width paved alley along the entire rear property line of parcel #1. Mr. Gorham related specifically to the Planning Commission's recommendation that City Council consider that where immediate installation was infeasible that Mr. Prock be allowed to submit a cash bond for the value of the proposed construction and asked strong con- sideration of this condition. Councilman McPherson moved and Councilwoman Benson seconded approval of Resolution No. 75-80 and amendment of the proposed con- ditions to allow Mr. Eldon Prock to post a cash bond for his propor- tionate share for undergrounding of utilities and construction of a paved alley for Parcel #1 only; carried unanimously. F. DESTINATION RESORT CORPORATION: Request for a 12-month extension in which to record a final map for the Palm Desert Racquet and Resort Club project, east of San Luis Rey and south of Shadow Lake Drive. Mr.Fleshman advised Council that this project is in conformance to the Palm Desert Subdivision Ordinance (Riverside County Ordinance No. 460) and the California Subdivision Map Act as well as the Palm Desert General Plan and Zoning Ordinance. Staff recommended that Council uphold the findings of the Planning Commission and approve this extension. Councilman McPherson moved and Councilwoman Benson seconded the adoption of Resolution No. 75-81 approving the one year extension; carried unanimously. Page 8 August 28, 1975 G. Recommendation for Approval of New Uniform Joint Powers Agreement with the County Department of Public Health for Animal Regulation Services. Mr. Hurlburt elaborated on the agreement and indicated that if it was approved, it should be made effective for the period September 1, 1975 through June 30, 1976. In effect, the new agreement changes the cost to the City from $8.76 to $9.06 per hour and the mileage rate from 13-1/20 to 150 per mile. Councilman McPherson moved and Councilwoman Benson seconded to approve the New Uniform Joint Powers Agreement for Animal Regula tion and authorize the Mayor to sign it making it effective from September 1, 1975, through June 30, 1976; carried unanimously. XV. ORAL COMMUNICATIONS MR. BENARD LEUNG, 73-960 El Paseo, Palm Desert, addressed City Council expressing his concern for the requirement of contractors to underground utilities, etc. He felt that if too much emphasis was placed on these requirements, that the quality of building would suffer in that money for these requirements would be used in place of spending it for other things. In other words, corners would have to be cut in order to cover the costs of these requirements. XVI. REPORTS AND REMARKS A. City Manager Mr. Hurlburt introduced Ordinance No. 81, amending the ordinance code to reestablish a design review process and board, repealing Ordinance No. 72, and repealing Section 18.30 of the Zoning Ordinance. Mr. Hurlburt stated that the changes are in effect: 1. Remove single family residences and allow staff to approve them. This will expedite the process of approval of plans. 2. Make the two staff members, the Director of Environmental Services and the Building Official, voting members of the Board. 3. Make the Design Review Board completely advisory to the Planning Commission and the City Council rather than a final action body. Mayor Brush moved and Councilwoman Benson moved to pass Ordinance No. 81 to second reading; carried unanimously. Mr. Hurlburt advised Council that a problem had arisen on the project at Deep Canyon and Abronia Trail known as Whispering Sands. The County had overlook a severe problem at the intersection in terms of a high crown which blocked the natural flow of drainage. This was discovered by our inspector. This will require installation of a cross gutter, spandriles, replacement of some curb and gutters and considerable pavement reconstruction. The developer will do all of the pavement work and absorb 1/2 of the cost of cross gutters and spandriles. Staff recom- mends that the City pay the other 1/2 of the cross gutter and spandrile at a cost of $1600. These monies should be transferred from the Gas Tax fund to Capital Improvement fund "Cross Gutter Deep Canyon at Abronia Trail. Councilman McPherson moved to approve the project and transfer $1,600 from the Gax Tax fund to the specified Capital Improvement fund; Councilwoman Benson seconded the motion. Carried unanimously. August 28, 1975 Page 9 B. City Attorney None C. Mayor and City Council Mayor Brush expressed some confusion on Ordinance #83 regarding the Conduct of Meetings and asked City Attorney Dave Erwin for clarification on requirements for passage of various ordinances and resolutions. Which ones need 2/3 vote, 4/5, etc. Dave Erwin stated that he would issue a memorandum clarifying these questions. XV. ADJOURNMENT Councilman McPherson moved and Councilwoman Benson seconded to adjourn the meeting; carried unanimously. The meeting was adjourned at 11:05 p.m. NOEL ATTEST: HARVEY L. URLBU T, CITY MANAGER . USH, MAYOR August 28, 1975 Page 10