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HomeMy WebLinkAbout1976-04-29MINUTES PALM DESERT CITY COUNCIL APRIL 29, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Noel Brush called the meeting to order at 7:00 p.m. in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Jim McPherson Councilman Ed Mullins Councilman Alexis Newbrander Councilman Bill Seidler Mayor Noel Brush Also Present: Harvey L. Hurlburt, City Manager David J. Erwin, City Attorney Paul Williams, Director of Environmental Services V. AWARDS, PRESENTATIONS AND APPOINTMENTS A. Appointment of Members to the Planning Commission. Councilman Newbrander moved and Mayor Brush seconded to appoint CHARLES READING to the Planning Commission: AYES: Newbrander, Brush NOES: McPherson, Mullins, Seidler Mayor Brush advised Council that the appointment required four "yes" votes and therefore the motion was not carried. Councilman Seidler moved and Councilman McPherson seconded to appoint NELSON MILLS to the Planning Commission: AYES: McPherson, Mullins, Seidler, Brush NOES: Newbrander Councilman Newbrander stated that she was voting "no" because of Mr. Mills' affiliation with outdoor advertising. Mr. Hurlburt advised Council that under Proposition 9, it is necessary that Mr. Mills submit Form 716 to be filed at least 10 days prior to his taking office. The earliest that Mr. Mills can be sworn into office is the Planning Commission meeting of May 18, 1976. VI. CONSENT CALENDAR A. MINUTES of the City Council meeting of April 8, 1976. Action: Approve as written. April 29, 1976 Page 1 B. RESOLUTION NO. 76-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING CLAIMS & DEMANDS AGAINST THE CITY TREASURY. Action: Waive further reading and adopt. C. Application for Alcoholic Beverage License for Country Club Liquors, 74-495 Highway 111, Palm Desert, by HARRY R. BLACK and JAMES L. KRIEG. Action: Receive and file. D. Letter from OPTIMIST CLUB of Palm Desert, Inc., dated April 22, 1976, Requesting Permission to Solicit Busin- esses for Painting Address Numerals on Curbs in Front of Their Establishments for the Bicentennial Activities. Action: Approve request and direct Staff to advise applicant of conditions of approval. Councilman Mullins moved and Councilman McPherson seconded to approve the Consent Calendar as presented; carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. TT 6671, FRED RICE, Applicant: Request for Approval of a Tentative Tract for a 20-Acre, 100 Unit Planned Residential Development, Located on the East Side of Portola between El Cortez and Goleta. (Related Case No. CUP 03-75.) Paul Williams reviewed the case, advising that the Tentative Map conforms to the requirements of the State Map Act and the Adopted Subdivision Ordinance of the City. He also advised that the Tentative Map meets all requirements of the Land Division Review Committee, and that all property owners within 300 feet of the develop- ment had been noticed. Mr. Williams further advised that because of Council con- cern over the status of Catalina Way as a public or pri- vate right-of-way, Conditions of Approval require that the applicant offer the right-of-way for dedication. Staff recommends that the City not accept the dedication of Catalina now, but leave the option open. The tract conforms to all requirements of the City, the General Plan, and the Zoning Ordinance, and Staff recommends approval by Resolution 76-54, subject to conditions. FRED RICE, 72-375 PARK STREET, INDIO, advised that he concurred with Staff and would all improvements asked. There being no further input, Mayor Brush declared the public hearing closed. Councilman McPherson moved and Councilman Mullins seconded to approve Tentative Map 6671 by Resolution No. 76-54, subject to compliance with Conditions of Approval; carried unanimously. B. CASE NO. DP 01-75, SUNRISE CORPORATION, Applicant: Request for Approval of an 84-Unit Planned Residential Development on a 20-Acre Portion of a 364-Acre Project, Known as Desert Air. (Related Case No. TT 7263.) Paul Williams advised Council that this was the first development planned under the new Zoning Ordinance, and Staff was initiating a revision of the condition format. Present discussion would be limited to the Special Conditions, as they deal with specific revisions to the project. Major emphasis deals with the impact of the April 29, 1976 Page 2 of tyre project from Monterey AvIiue, a designated Scenic Highway, and improvement of the development which should benefit the ultimate occupants. He discussed the poss- ibility of eliminating a building on each side of the project to provide for access to the project and to improve the site plan. Staff recommended approval by Ordinance 119. Councilman Seidler questioned whether or not the layout of the project would hamper future leisure recreational use of the Whitewater Channel facilities, specifically for equestrian use. He also inquired as to whether or not Palm Desert had voiced concern over this to Rancho Mirage before taking action on this project. Mr. Williams replied that this was a concern of the Planning Commission and advised that the existing use of the trails was by White Sun Guest Ranch only, which has been making extensive use of the natural drainage channels in the area for recreational purposes, primarily horse trails. This project will require that existing trails be diverted around the perimeter of the project in order to reach the major recreational facilities, such as the Whitewater Storm Channel. He further advised that Palm Desert had discussed this with Rancho Mirage. WILLIAM BONE, 14 LA RONDA, RANCHO MIRAGE, spoke on three items attached to the conditions of approval. 1. The Planning Commission did not specifically eliminate one building from the number of units shown on the plan. They required a revised site plan providing a view of the golf course. This could require elimination of one to four units, or some modification, which would be left up to the developer, subject to approval by the City, but did not automatically require that the developer take out one unit. 2. He is providing a 12' easement for horse trails, which when no longer needed would be converted to open space. 3. He is in agreement with the require- ment for underground utilities, but feels it unfair for one property owner to shoulder the entire burden of the cost, and asked consideration of an improvement district. HUNTER COOK, 48-271 SILVER SPUR TRAIL, spoke regarding the utility undergrounding. He stated that in his opinion the City was taking the right step in requiring the undergrounding of projects as they go along, even through it is expensive, as the benefit to the community makes it worthwhile. Mr. Bone stated that he was willing to pay his reason- able share, but the cost per lineal foot based on the value of residential property is excessive, and he does not feel it equitable that he absorb the full cost. With no further discussion from the floor, Mayor Brush declared the hearing closed and asked for discussion from Council. Councilman Seidler deviated from utility discussion and referred to the packet given Council containing material from Rancho Mirage, stating that Council should look at what Rancho Mirage was doing and try to maintain consis- tency. He referred specifically to the conditions relative to solar heating of swimming pools. Regarding undergrounding of utilities, Councilman Seidler stated that this Council has always taken the position of requiring undergrounding of other developers, and that it is to the benefit of the City to continue to do so. In addition, he questioned whether the horse trails in that area would detract from the Monterey Avenue landscaping. April 29, 1976 Page 3 Councilman Mullins asked how Mr.— Bone felt regarding the striking of Condition #9. Mr. Bone replied that he could live with it, but would prefer to eliminate both conditions #3 and #9. Councilman Seidler moved and Councilman McPherson seconded that the project be approved by Ordinance 119 and passed to second reading with the changes that Condition #4 be reworded to state that all swimming pools shall be constructed so that solar heating can be added at a future date, and that all swimming pools shall be protected from the wind by fences, architectural features or landscaping; that Condition #5 read, "The equestrian trail along the south border of the project is not approved"; that Condition #9 be deleted entirely; and add, "The applicant shall underground all overhead utility distribu- tion lines along the full frontage of the project on Monterey Avenue from the nearest off -site existing poles adjacent to the subject property boundary. No new poles shall be installed without the prior approval of the City." Carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 76-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REGARDING STRONG MOTION INSTRUMENTATION PROGRAM. Mr. Hurlburt recommended that Council eliminate special collection of the monies from developers under this program and allow them to be absorbed by building per- mit fees and then paid directly out of the General Fund. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution 76-44; carried unanimously. Mayor Brush interrupted scheduled Council Agenda proceedings to allow persons in the audience to speak regarding another matter. KERRY McKINNEY, 73-311 CATALINA WAY, expressed parental con- cern as a result of the drilling operation at Avenue 44 and Portola. She advised that as a result of a meeting Thursday morning with school and City officials, temporary changes had been made as to school bus stops in the drilling area. She requested information as to the relationship between the City and schools; asked how the City gives input to the schools as to safety and scheduling of buses; who has control over the crossing guards. There are no crosswalks at Primrose and Avenue 44, Santa Rosa and Portola, or DeAnza and Monterey, all high traffic areas. She recommended that the City place crossing guards where children are picked up to help keep them orderly. She asked whether or not the City provides input to the district transportation as to traffic statistics so that they can make decisions as to where school bus stops should be. SHARON REGAR, 45-555 CAHUILLA WAY, questioned the source to contact when problems arise with bus stops, and asked if someone at City Hall was going to take the responsibility of coordinating changes with crossing guards. Mr. Hurlburt advised that the only area the crossing guard is responsible for is that at the corner of Avenue 44 and Portola. They are paid by the City, but supervised and trained through the efforts of the Sheriff's Department. Mrs. Regar requested reevaluation of the morning crossing guard, as she spends time in her car with her child. ROGER HARLOW, Coordinator of Student Personnel Services, Desert Sands Unified School District, advised that the school district transportation personnel should be contacted regard- ing bus stop changes. He advised that all bus stops must be cleared by the Highway Patrol and are approved on a safety April 29, 1976 Page 4 basi"g. There are approximately-1000 bus stops in the district, and supervision of each stop is not feasible or possible. Two temporary stops have been established in the Dream Homes area as a result of the Thursday meeting. Mr. Hurlburt advised that many questions had been asked relating to traffic, and that they would be answered in a letter from Staff. In addition, the drilling operation was contracted for under the Palm Desert Community Services District and the City does not have full con- trol over it. There are certain City controls, and the City has taken action on them in requiring the contractor to change hours because of noise complaints, and in see- ing that the contractor cleared the sidewalk. He fur- ther advised that the drilling operation would be com- pleted early next week, and then the flow test process would begin. Councilman Seidler asked if there was someone specifically for parents to contact when there was a question about bus routing. He was advised that Roger Harlow should be contacted. Counciman Seidler also inquired as to the traffic control situation at the Washington School, and Mayor Brush advised that it would be discussed in the City Traffic Committee meeting Friday morning, and that a crossing guard and an attempt to reduce speed on Portola in the school area would be under consideration. Paul Williams advised that flashers are also being considered. B. RESOLUTION NO. 76-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ADOPTING A NO PARKING ZONE ON STATE HIGHWAY 74 IN SAID CITY. Councilman McPherson asked whether it was possible to survey the entire City to determine where cars were parking in front of stop signs. Paul Williams advised that the City was presently surveying the total community as to a through -street pattern, and that they would also check into the possibility of doing as Councilman McPherson suggested. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-56; carried unanimously. C. RESOLUTION NO. 76-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AUTHORIZING ADDITIONAL ADVANCES TO THE PALM DESERT REDEVELOPMENT AGENCY IN THE AMOUNT OF $76,000, SAID ADVANCE TO BE TREATED AS A LOAN AND TO BE REPAID WITH INTEREST. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-57; carried unanimously. D. RESOLUTION NO. 76-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING SECTION A, ITEM 1, OF RESOLUTION NO. 76-45. Councilman Newbrander moved and Councilman Mullins secondec to waive further reading and adopt Resolution No. 76-58; carried unanimously. E. RESOLUTION NO. 76-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2,500 IN CONNECTION WITH THE DISASTER PREPAREDNESS PROGRAM. Councilman Mullins moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 76-59; carried unanimously. April 29, 1976 Page 5 IX. ORDINANCES For Introduction: A. ORDINANCE NO. 118 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ADOPTING WITH CERTAIN ADDITIONS DELETIONS AND AMENDMENTS: THE RULES, REGULATIONS, PRO- VISIONS AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED "UNIFORM BUILDING CODE, 1973 EDITION", 'UNIFORM BUILDING CODE STANDARDS 1973 EDITION" INCLUDING THE APPENDICES THEREIN CONTAINED WITH THE EXCEPTION OF APPENDICE 70 OF THE UNIFORM BUILDING CODE, AS PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. Councilman Mullins moved and Councilman Seidler seconded to pass Ordinance No. 118 to second reading; carried unanimously. Councilman Seidler stated that the City has had some expense in establishing fees and then trying to admin- ister them. This ordinance will make it more equitable for the individual or contractor and the City. He stated that having an individual pay his fair share for the time of the Building Division will keep the overall cost down to the general public. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. Letter from Affiliated Construction dated March 24, 1976, Regarding Waiver of the Use of Sheet Metal Weepscreed. Mr. Hurlburt advised that Staff cannot legally give this waiver, but since Council has had first reading of the ordinance which would change the requirements, Council can give this applicant some relief, and Staff recommends approval. Councilman McPherson moved and Councilman Mullins seconded to allow Affiliated Construction a waiver in the use of sheet metal weepscreed; carried unanimously. B. CASE NO. TT 7263, SUNRISE CORPORATION, Applicant: Request for Approval of a Tentative Tract Map for a Statutory 84-Unit Planned Residential Development on 20 Acres, Located on the West Side of Monterey Avenue, South of Magnesia Falls Drive extended. WILLIAM BONE, developer, addressed Council reiterating previous discussion relative to horse trails within this development. Councilman Seidler referred to the condition on previous approval and looking at Condition #20, wondered if Council were to allow that condition to stand as written, if it would be in violation of earlier approval. Paul Williams replied that Staff now has the filed develop- ment plan, and that they are now reviewing a map that must relate as much as possible to that plan. Mr. Williams did not see how it could be modified unless that condition to the development plan were modified. Mayor Brush stated that Council had not approved that - how could it now be approved. Dave Erwin advised that it could be amended when it came up for second reading. April 29, 1976 Page 6 Councilman Seidler suggested tcrat leaving the door open for Mr. Bone, by leaving item 20, he could come back to Council, giving him an alternative. Council has to know exactly what they are doing when approving final reading. He asked what would happen if Mr. Bone did nothing, upon approval; what would White Sun do? Paul Williams advised that White Sun would probably use adjacent land for their trails. Mayor Brush asked what effect this would have on the project within Rancho Mirage, and Paul Williams advised none. Councilman Seidler stated that the way this was written would be in favor of leaving conditons as they are written here and hope staff and Mr. Bone can get together before final reading of the ordinance and try to solve the problems. Councilman Seidler moved and Councilman McPherson seconded to approve TT 7263 by Resolution No. 76-55, subject to conditions of approval; carried unanimously. XIII. OLD BUSINESS A. CONTRACT FOR THE STREET OVERLAY PROGRAM FOR 1975-76: nequest that the City Council Approve the Contract for the Street Overlay Work in Various Locations of the City. Paul Williams advised that a low bid of $87,448 was received from Massey Sand and Rock. He also advised that the City will start chip sealing the 22 worst streets in the community next week. Mayor Brush requested the timetable for Catalina Way and Alessandro. Mr. Williams advised that at next Council meeting bids would be ready on Alessandro and that cost would be approximately $154,000. The second project is Catalina from Portola to San Pascual to improve drainage and eliminate flooding. This project will begin in late August or early September. Councilman McPherson moved and Councilman Mullins seconded to approve Massey Sand & Rock as the low bidder on the street overlay program, and authorized the Mayor to execute the contract; carried unanimously. XIV. ORAL COMMUNICATION None XV. REPORTS AND REMARKS A. City Manager 1. Mr. Hurlburt presented a proposal from Alexander Grant & Company, Van Nuys, for data processing ser- vices for the City. He advised Council that acceptance does not require budget changes as there is sufficient surplus to take care of this in the budget, with the exception of business license and dog license procedures. Councilman McPherson moved and Councilman Mullins seconded to authorize the City Manager to sign a contract with Alexander Grant & Company for automatic data processing services to accommodate payroll, business licenses, dog licenses, and general accounting, such services to be implemented as soon as practical; AYES: McPherson, Mullins, Newbrander, Brush NOES: Seidler Motion carried. April 29, 1976 Page 7 2. -Mr. Hurlburt advised Councii that the Code Enforcement Division has been understaffed. In view of the fact that Council recently assigned sign enforcement and zoning enforcement to this division, another man was needed to aid in carrying out the program properly. He recommended the addition of a full-time Code Enforcement Officer to become effective June 1, 1976, to coincide with the termination of the present half-time CETA employee. Councilman Seidler stated that there are 19 new ordinances and that Council has an obligation to provide enforcement of them. Councilman Seidler moved and Councilman Mullins seconded to establish a full-time Code Enforcement Officer position in the Code Enforcement Division, to be effective June 1, 1976, at salary range 53, $809 to $984 per month; carried unanimously. Councilman McPherson suggested that Council review the level of enforcement it wanted maintained for the new ordinances. He requested that the ordin- ances be put on a future Study Session for discussion. Mayor Brush requested that this be one of the major priority items for Council. 3. Mr. Hurlburt advised that in order to implement this position and the automatic data processing for this Division, Council must make a budget transfer of $1999 to provide for salary, car allowance, etc., and $550 for animal control. Councilman Mullins moved and Councilman Newbrander seconded to transfer $1999 from Account 11-1557, Unappropriated Con- tingency Reserve, to License & Permits, Account 11-0700; and $550 from Account 11-1557, Unappropriated Contingency Reserve, to Account 11-2616, Animal Control; AYES: McPherson, Mullins, Newbrander, Brush NOES: Seidler Motion carried. B. City Attorney None C. Mayor and City Council 1. Councilman McPherson advised that he was concerned about the level of enforcement from the Sheriff's Office. He stated that he does not feel parking violations are concentrated upon, and that the City does not receive full money benefit for its con- tract with the Sheriff. Mayor Brush feels cooperation is lacking on the part of the Sheriff's Department relative to laws passed by the City, and suggested that Council and Staff meet with the Sheriff's Department. Mr. Hurlburt advised that Staff has a good relation- ship with the Sheriff's Department, but that some- times requests lose something in the translation. He will request that the officer -in -charge meet with Council at a future Study Session. April 29, 1976 Page 8 XVI. ADJOURNMENT Councilman McPherson moved and Councilman Seidler seconded to adjourn Council meeting to Wednesday, May 12, at 7:00 P.M., in City Hall Council Chambers. Mayor Brush adjourned the meeting at 9:40 P.M. NOEL �YUSH, MAYOR ATTEST: HAR+EY L. 4RLBURT, ity C erk City of Palm Desert, California April 29, 1976 Page 9