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HomeMy WebLinkAbout1975-05-08CITY COUNCIL MEETING MAY 8, 1975 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:13 P.M. on May 8, 1975, by Mayor Henry B. Clark at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY B. CLARK Others Present: Harvey L. Hurlburt, City Manager Dave Erwin, City Attorney Paul Williams, Director of Environmental Services V. APPROVAL OF MINUTES A. Councilwoman Benson moved and Councilman Aston seconded to approve the minutes of the Adjourned Council Meeting of April 23, 1975, as submitted; carried unanimously. B. Councilwoman Benson moved and Councilman Brush seconded to approve the minutes of the City Council meeting of April 24, 1975, as submitted; carried unanimously. C. Councilman McPherson moved and Councilwoman Benson seconded to approve the minutes of the Adjourned Council Meeting of May 2, 1975, as submitted; carried unanimously. VI. AWARDS, PRESENTATIONS & APPOINTMENTS A. Building Board of Appeals appointments Mayor Clark moved and Councilman Brush seconded that BEN BARNHAM, WAYNE McCLELLAN, GEORGE RITTER, KERNON OSTER and JOHN MARZICOLA be appointed to the Building Board of Appeals; carried unanimously. B. Mayor Clark presented a Proclamation declaring May 11 to 17 GIRLS' CLUB WEEK, to four girls from Palm Desert representing the Girls' Club. Mrs. Rose Rogers advised Council that on Thursday, May 15, the girls would figuratively take over offices in City Hall. Mr. Hurlburt advised that this was a standard procedure and arrange- ments would be made to give the girls a tour of the City Hall offices and some explanation of City procedures. VII. CONSENT CALENDAR A. Request by SMITH ELECTRIC for an in -progress payment for installation of traffic signals at the intersections of Portola & El Paseo, and Portola & Avenue 44 Councilman Aston moved and Councilman Brush seconded that the City Manager be authorized to provide an in -progress pay- ment to Smith Electric; carried unanimously. VIII. PUBLIC HEARING A. Application of the PALM DESERT CAB COMPANY and the CARAVAN CAB COMPANY for a permit to operate a taxi cab business Mr. Hurlburt advised that completion of application is not yet available for Palm Desert Cab Company because of the fact that they are still processing change of owner- ship papers. In order that Council will be in a position to either franchise one or both of the applicants, both applicants should be ready for presentation at the same time, and present at the meeting. Councilman Brush moved and Councilman Aston seconded that the application for a permit to operate a taxi cab business be con- tinued to the meeting of May 22, 1975; carried unanimously. B. Case NO. CUP-03-75/LURIA DEVELOPMENT CO., INC. Con- sideration of an appeal filed by applicant to rescind the requirement for an environmental impact report (EIR) for a 100-unit planned residential development on a 20 acre site located east of Portola, north of El Cortez, and approximately 400 ft. south of Goleta Avenue (R-1) Mr. Hurlburt advised that staff had received a list minute request from FRED RICE, General Contractor, to have this item continued in order that they might have more time to study the environmental effects. Councilman Brush moved and Councilman Aston seconded that Case NO. CUP-03-75/LURIA DEVELOPMENT CO., INC., be continued to the City Council meeting of May 22, 1975; carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 75-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ANNOUNCING FINDINGS & APPROVING A PLOT PLAN FOR THE DEVELOPMENT OF PHASE III EXPANSION OF THE PALMS TO PINES SHOPPING CENTER ON THE PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 111 & PLAZA WAY CASE NO. 10C Mr. Hurlburt advised that this item was scheduled for review by the City Council and that it was not necessary to make any decision on the matter at this meeting; the item could be continued to the next Council meeting if Council desired. Paul Williams advised that Phase III of the Palms to Pines Center had been approved by the ARB and Planning Commission subject to some 38 conditions. The ARB and PC have limited this review to plot plan and building elevations of the project. The complex consists of two restaurants and a theatre with parking accommodations for 232 cars; PC has requested additional parking to accommodate 300 cars. One of the major problems is that of circulation. This was reviewed with Cal Trans and the County engineering section with regards to entry from Highway 111 from unlighted intersections. Council stated policy is opposed to 111 entry into Palms To Pines except at lighted inter- sections. Construction and appearance is consistent with present buildings, except for the height of the theatre; however, it will be surrounded on three sides by lower buildings. Mr. Williams advised that while Carrows and McDonalds are compatible to each other, they do not conform to the design of the remaining buildings in the center, exclusing the theatre, which is not compatible to anything. Staff recommends that the project be approved by resol- ution subject to conditions by Planning Commission with some modification. Councilman Brush stated that Council was against any right turn onto Highway 111, and asked if the Planning Commission was aware of this condition. Mr. Williams stated that staff was aware, but felt that the traffic clow arrangement presented was an acceptable compromise in order to limit congestion at Plaza Way and El Paseo and Highway 111. ROY CARVER, 9620 FLAIR DRIVE, EL MONTE, CA., stated that he had given consideration to asking Council for contin- uance of this item, but that he was requesting that Council consider 1) approval of revised circulation pro- gram as designated from the one approved by the PC; 2) revision on roof elevation of buildings F and G; 3) Council guidance to the PC for the location of signs, but not the specific signs themselves. In regards to item 1) Mr. Carver advised that Plaza Way may not be signalized for a couple of years, and even at that time traffic flow could still be a problem. In regards to item 2) they have tried to employ the roof modifications in the two buildings, and it is his feeling that their two buildings are a bridge for eveltual future development when the demand warrants. They do want to change the roof lines of buildings F and G to conform to UCB and Santa Fe Federal. They will also eliminate the eyebrows which are the locations of the signs shown on the buildings, with the provision that they will either accept from Council a building design which provides for sign locations as shown, or modification of building design which will provide parapets where signs can be located. In regards to item 3) they have required Fred Stein, Century Cinema Circuit chairman to put smaller buildings around him so that his mass will not be objectionable to the community. They are also asking dispensation from Council to•think about the possibility of locating a free standing marquee that could be read from the highway. FRED STEIN, 8333 WILSHIRE BLVD., BEVERLY HILLS, CA., CENTURY CINEMA CIRCUIT, stated that he felt there was a need in Palm Desert for a theatre so that residents would not have to travel to Palm Springs or Indio. He discussed the quality of their theatres and their films. He stated that an attraction sign is vitally important to operation in terms of gross to the theatre and the City. BERNARD LEUNG, Architect, Palm Desert, discussed the over- all attitude of the signing. He stated that any signs on the project would have a character of their own and would be different colors, and in good taste. At this time the cinema sign is a proposal, and they wish to have it located at the corner of Plaza Way and Highway 111. Councilman ASTON mentioned that the owner of the property, A. F. AHMANSON CO., had a deed restriction that a sign could not be over 19 feet in size. Mr. LEUNG advised that that would be taken into consider- ation and that the sign would be redesigned in size to conform to that requirement. At this point ROY CARVER stated that Councilman Aston was correct about the property being deed restricted and reiterated the three items he originally requested Council to consider. In answer to a question by Councilman Aston, Mr. Carver stated that the sign size was 24 feet. Councilman ASTON advised Mr. Leung that if Council would allow some type of marquee sign, not to exceed deed restrictions and that were acceptable to Council in design, they would then be put on the two restaurants as they are on the rest of the compound. Signs will not be allowed above the buildings. Mr. LEUNG advised that except for buildings F and G the area was larger and were individual buildings and signs should be comparable to the area of the building involved. Councilman ASTON advised that Council did not want to leave itself open to where the sign could be larger in relation to the size of the building. Mr. LEUNG stated that roof and sign are relative. Councilwoman BENSON stated that Council could not go into signing of that one section because Council did not want to set a precedence about signing until the community had a chance to express an opinion on the project. MAYOR CLARK advised that he hoped that by next study session the roof line could be resolved to where staff could recommend to Council, and Council would have time to study the project. The discussion had accomplished giving the applicant the feeling that Council has strong feelings about signs. Council wants to give the applicant direction that they want the signs to be an attractive addition to the buildings rather than an eyesore. Councilman Aston moved and Councilman McPherson seconded that CASE NO. 10C be referred back to staff for modification and study and continued to the Council meeting of May 22, 1975; carried unanimously. B. RESOLUTION NO. 75-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING CLAIMS a DEMANDS AGAINST THE CITY TREASURY. Councilman Aston moved and Councilman Brush seconded that further reading be waived and RESOLUTION NO. 75-38 approving claims and demands against the City Treasury in the amount of $28,745.49 be adopted; carried unanimously. X. CONTINUING BUSINESS A. SALLY JO FLINT, Parcel No. 627-081-015, ROYAL PALM DRIVE, appeal to reduce abatement costs of $554.50 on above parcel Councilman Aston advised that he and other Councilmembers had looked at this piece of property and that there was but one water line for seven trees. The trees were in a state of neglect and had not had sufficient water for a long period of time. Mrs. Flint had received due and sufficient notice to abate her property at her expense; Dick Webb replaced tree wells that Council did not feel were originally there. Mayor Clark stated that several lots were viewed where there had been fires that could have damaged neighboring homes, and that while property owners think the charges are high, the neighbors are grateful to the City that the lots are being cleaned up. Councilman Aston moved and Councilman McPherson seconded that Council approve contractor charges against the project as requested; carried unanimously. MEETING ADJOURNED at 8:19 P.M., until after the Redevelopment Agency Meeting because of interested parties from out of town. MEETING RECONVENED AT 9:10 P.M. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. Request for transfer of $790 from Unappropriated Contingency Reserve to provide for the purchase of Kardex Cabinet and stand for the use of the Deputy City Clerk to index all of the City Clerk records (UCR balance: $23,193) Councilman Brush moved and Councilman Aston seconded that the requested transfer be approved; carried unanimously. B. Request for transfer of $800 from Unappropriated Contingency Reserve to provide for modification of the present Council Office to convert to Equipment Room and to provide for a Ladies' Lounge (UCR balance: $22,393) Councilman Aston moved and Councilman Brush seconded that the requested transfer be approved; carried unanimously. C. Request for transfer of $1,745 from Unappropriated Contingency Reserve to provide for payment to Dick Webb Brush Disposal Co. for abatement of 6 parcels, the owners of which have not made payment. City will be reimbursed by a tax lien on the property as authorized by Ordinance No. 24 (UCR balance: $20,648) Councilman Brush moved and Councilman Aston seconded that the requested transfer be approved; carried unanimously. C-1 City Manager, Harvey Hurlburt, presented an Agreement for Collection of Taxes and Special Assessments between the County of Riverside and the City of Palm Desert for arrangement for abatement costs to be assessed as property tax liens against the owners of parcels abated by the City Councilman Aston moved and Councilwoman Benson seconded that the agreement be approved and authorized the Mayor to sign; carried unanimously. D. Request by ROBERT GIOGA for the City to abandon a portion of Palm Desert Drive located at the intersection of De Anza Way and the north Frontage Road. Portion to revert to adjacent property owner City Attorney, DAVE ERWIN, advised that this request should be handled by RESOLUTION NO. 75-40 stating intent to abandon a portion of Palm Desert Drive and setting a public hearing for May 22, 1975. Councilman Aston moved and Councilman McPherson seconded that RESOLUTION NO. 75-40 stating intent to abandon a portion of Palm Desert Drive as requested by ROBERT GIOGA be set for public hearing May 22, 1975; carried unanimously. E. Request for approval of letter agreement with City of Palm Springs for use of street flusher one day per month at a cost of $15.50 per hour Councilman ASTON asked the City Manager if there was or could be any provision for private streets in the City to act as a unit and receive the street flushing service. Mr. Hurlburt advised that he was trying to incorporate service with Palm Desert, Rancho Mirage and others to provide for street sweeping on private streets and in condominium areas. Councilman Aston moved and Councilman Brush seconded that the request be approved and the City Manager authorized to sign letter agreement; carried unanimously. XIII. ORAL COMMUNICATIONS None XIV. REPORTS AND REMARKS A. City Manager Mr. Hurlburt advised that because of the pending move to new Council chambers, Council should revise the ordinance stipulating where Council meetings are to be held. If Council passes the amended ordinance at this meeting, it will be in effect by approximately June 20, when new chambers will be ready. Councilman Aston moved and Councilman McPherson seconded that ORDINANCE NO. 75 ALLOWING FOR A CHANGE IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL OF SAID CITY BY RESOLUTION be passed to second reading; carried unanimously. Mr. Hurlburt advised that RESOLUTION NO. 75-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FINDING THAT 90 PERCENT OR MORE OF ITS SELECT SYSTEM OF CITY STREETS HAS BEEN CON- STRUCTED should be adopted in order that the City be able to spend State Gas Tax monies on non select street system. Councilman McPherson moved and Councilwoman Benson seconded that RESOLUTION NO. 75-24 be adopted; carried unanimously. Mr. Hurlburt advised that there are CETA funds available for the City to employ senior citizens age 55 or over on a part-time basis of 20 hours per week, at $2.65 to $3.00 per hour, depending on responsibility involved. He requested Council to authorize three CETA slots; funds will be used to employ senior citizens for fire hydrant checks, dog license survey, code enforcement, etc., and there are enough carryover monies in the fund to last for three and one half to four months if we accept these grants. Councilman Aston moved and Councilman McPherson seconded that three CETA positions be approved for the City and that the Mayor be authorized to sign; carried unanimously. B. City Attorney Non e C. Mayor and City Council Councilman McPHERSON requested status of the stop sign situation on Highway 74 frontage roads. Paul Williams advised that stop signs will be installed at Haystack and Homestead on the frontage road, and that the rest of the intersections were under study by the County traffic engineer. Mayor CLARK asked who was responsible for the pot holes on Sun Lodge Lane, a private street adjacent to Smith's Food King. Attorney Dave Erwin advised that the owner of the street would have to be contacted to make repairs. Mr. Hurlburt advised that staff would attempt to have the correction made by the owner of the property, and if they were unable to accomplish this, they would attempt to get the owner's permission for the City to repair the street. Mayor CLARK advised Council that it was necessary to set a public hearing on the Redevelopment Plan and EIR by RESOLUTION NO. 75-39 Councilman McPherson moved and Councilman Aston seconded that RESOLUTION NO. 75-39 CALLING FOR AND CONSENTING TO A JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY ON THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 be set for public hearing on June 12, 1975, 7:00 P.M., in the City Council Chambers, Palm Desert Middle School; carried unanimously. XV. ADJOURNMENT The meeting was adjourned at 9:43 P.M. fripao HARVEY L. HURL WIT, City Clerk HEi RY B. LARK, Mayor