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HomeMy WebLinkAbout1976-09-29MINUTES ADJOURNED CITY COUNCIL MEETING WEDNESDAY, SEPTEMBER 29, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:10 p.m. on Wednesday, September 29, 1976, in the City Hall Council Chambers. II. PLEDGE - Councilman Jim McPherson III. INVOCATION - Mayor Pro-Tempore Ed Mullins IV. ROLL CALL Present: Councilman McPherson Councilman Mullins Councilman Newbrander Councilman Seidler Mayor Brush Also Present: Martin J. Bouman, Acting City Manager Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the September 16, 1976, Special City Council Meeting. Rec: Receive and file B. MINUTES of the September 23, 1976, Council Meeting. Rec: Receive and file C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Special Demand No. 9-1. Rec: Approve as presented. D. LETTER from the College of the Desert Thanking the City of Palm Desert for Use of the Council Chambers. Rec: Receive and file. September 29, 1976 Page 1 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for Wing Lam Shou, CHINA GARDEN RESTAURANT, 73-196 Highway 111, Palm Desert, California. Rec: Receive and file F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for Patsy Due, CHINA DOLL RESTAURANT, 73-196 Highway 111, Palm Desert, California. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for MARRAKESH GOLF CLUB, 47-001 Portola Avenue, Palm Desert, California. Rec: Receive and file. Councilman Newbrander requested that Item B of the Consent Calendar be removed for discussion under Item X, Consent Items Held Over. Councilman McPherson moved and Councilman Seidler seconded to approve the remainder of the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. CUP 08-76 - DESERT EMPIRE TELEVISION CORPORATION (KMIR-TV), APPLICANT: An Appeal of Planning Commission Approval of a Conditional Use Permit for a Conditional Use Permit for a Television Studio and Office Complex in the PR-7, S.P. Zone District. Mayor Brush declared the Public Hearing Open. Mr. Paul Williams presented the Staff's report on the proposed Conditional Use Permit in detail concluding that it was Staff's recommendation that the City Council approve the proposed facility in that it would be a community facility and an asset to the community. Councilman Seidler asked where conditions would be imposed regarding roof -mounted structures. Mr. Williams replied that Conditions 4 and 11 of the Planning Commission Resolu- tion No. 175 covered this area. Mr. Erwin, City Attorney, pointed out that the Council was dealing only with the Conditional Use Permit and that if approval was granted, all conditions imposed by the Planning Commission would be applicable to the project. Councilman Seidler indicated his concern regarding equipment on the top of the building, recognizing that the applicant had indicated that there would be none. MR. JOHN CONTE, 75-600 Beryl Lane, Indian Wells, addressed Council as President of KMIR-TV. He explained how a transmitting "dish" would be placed on the north side of the building. He explained that these devices were commonly used and very effective. Although nothing could be placed in front of it to obstruct its path, it would be placed so that it would not be visible to passersby. Mr. Conte continued explaining the advantages Palm Desert would experience by having the television studio within its limits and pointing out that the building, even though it was metal, would be architecturally attractive to the community. September 29, 1976 Page 2 MR. ALLEN 0. PERRIER, 2178 Brentwood, Palm Springs, addressed Council on behalf of Desert Hospital who presently holds the lease with KMIR. He urged Council's approval of the Conditional Use Permit. Councilman Newbrander asked if for some reason the "dish" located on the side of the building did not work, what type of transmitter would then be used. Mr. Conte responded that should that occur, his firm would have to come back and ask for another location with an appro- priate disguise. He emphasized, however, that this type of transmitter had been widely used and with great success, and he did not anticipate any problems at all. MRS. SERPUHE CONTE, 75-600 Beryl Lane, Indian Wells, outlined the landscaping proposed for the project for the benefit of the Council and the audience. Councilman Seidler stated that the Staff's report clearly pointed out that there are definite advantages to the City and most of them are obvious for having this type of facility within our City, and that it would be an asset to the community. There were some questions that had been answered in the staff report about rooftop equipment, some questions answered about the landscaping and open space, and he felt with one minor change, that being the Condition #1 of Planning Commission Resolution No. 175, if the word "substan- tially" were deleted from that item so that it read — "the develop- ment of this project shall conform to all conditions of Case No. CUP 08-76 and to all development plans submitted in behalf of this case", the case should be approved. He stated that he didn't feel this was a major modification that would require any other changes but just to say "yes", we agree that that building, in that location, with that much open space and what we are told about landscaping would be an attractive looking building. With those understandings and the understanding that the metal building will not be what some of us think of as negative, but rather as positive, Councilman Seidler moved for approval of Case No. CUP 08-76 by Resolution No. 76-123. Councilman McPherson seconded the motion. Motion carried unanimously. VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 132 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25, SECTION 25.46 OF THE PALM DESERT MUNICIPAL CODE. Mr. Williams explained that this was the second reading for this ordinance which would allow the change in zone and subsequent construction of the Masonic Lodge. Councilman Seidler moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 132; motion carried unani- mously. September 29, 1976 Page 3 X. CONSENT ITEMS HELD OVER B. MINUTES of the September 23, 1976, Council Meeting. Councilman Newbrander moved that the minutes of the September 23, 1976, meeting be amended to reflect that the meeting was adjourned to Executive Session at 7:45 p.m. and reconvened at 8:05 p.m. Council- man Mullins seconded the motion. The following vote was cast: AYES: Mullins, Newbrander, Brush NOES: None ABSENT: None ABSTAIN: McPherson & Seidler XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS MR. RICHARD J. WILSON, Attorney, 73-571 Haystack Road, Palm Desert, addressed Council representing the Palm Desert Committee. He presented Council with a petition requesting that the City appoint a permanent Water Drainage Safety Committee to report to the City Council and also to declare a moratorium on the con- struction and reconstruction of garden walls until a study is made to determine the effect of said walls on neighboring properties during periods of heavy water drainage. MR. BERNARD TAMKIN, 970 Marian Way, Palm Springs, California, addressed Council as Temporary Chairman of the Palm Desert Committee and expressed his full support of the petition just presented. MRS. ROSE FREEBORNE, Prairie Drive, Palm Desert, expressed her full support of the petition. MR. ROBIN BARRETT, 44-393 Lingo Lane, Palm Desert, expressed his support of the petition and also thanked the Council and Staff for the assistance given in his area during the second flooding. Mayor Brush advised that the Council had authorized the hiring of an engineer to investigate the flood situation and that the petition would be taken under advisement. XV. REPORTS AND REMARKS A. City Manager Mr. Bouman stated that the Staff & Council would be very appreciative if the media would advise the public that the one -stop assistance center had advised that they would remain as long as people were still coming in. However, at the present time, they did not anticipate being there longer than 10:00 p.m. on Friday, October 1, 1976. People would then have to go to one or more different offices to receive assistance which would be inconvenient for them. September 29, 1976 Page 4 B. City Attorney None C. Mayor and City Council Councilman McPherson advised that he had learned that if property owners did not complete their reassessment forms and return them prior to October loth, their property would stand the chance of not being reassessed. Councilman Newbrander advised that although the one -stop center would only be open through the end of the week, people did have 60 days from the date of the disaster to file for relief. Councilman Seidler advised that if individuals met a certain criteria of 30% damage to their home, they could refinance the entire home lona if they could stay under a $50,000 maximum. The new loan would be processed at 6-5/8%. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Seidler seconded to adjourn the meeting. Motion carried unanimously. Mayor Brush adjourned the meeting at 8:07 p.m. NOE% J BRUSH, MOOR ATTEST: SHEILA R. GILLIGAN, tting City Clerk City of Palm Desert, California September 29, 1976 Page 5 RECEIVED AT CITY COUNCIL MEETING OF SEPTEMBER 29, 1976, FROM MR. RICHARD J. WILSON, REPRESENTING THE PALM DESERT COMMITTEE. TO THE CITY COUNCIL OF PALM DESERT PETITION of PALM DESERT COMMITTEE September 29, 1976 WHEREAS, on September 18, 1976 a public meeting was called and held at the City Council Chambers for and by Palm Desert property owners damaged by the drainage water disaster of September 10, 1976. Those attending, later electing to call themselves the Palm Desert Committee, acquiesced to the formation of a volunteer Action Committee to represent them to investigate the water disaster and to find ways and means of guarding against such dis- asters in the future, and; WHEREAS, the Action Committee, after listening to testimony of dam- aged property owners, has determined that the following petitions should be immediately submitted to the City Council for its consideration to further the purposes of those property owners brought together at the meeting of September 18, 1976. NOW THEREFORE, the Action Committee of the Palm Desert Committee, after afirmative and unanimous vote of all sixteen members, believing them- selves to be representative of the larger group, hereby petition the City Council to take the following immediate action: 1. To appoint a permanent WATER DRAINAGE SAFETY COMMITTEE reporting to the City Council to investigate the causes of the recent drainage water disasters of September 10 and September 23, 1976 for the purpose of developing ways and means to construct a viable drainage protection system for the City of Palm Desert and, once such system is constructed, to continue to meet periodically to insure that the system remains in good repair. 2. To declare a MORATORIUM on the construction and reconstruction of garden walls until a study is made to determine the effect of said walls on neighboring properties during periods of heavy water drainage. Submitted by the Action Committee of the Palm Desert Committee By: Ribhard Wilson Committee Attorney. L i September 29, 1976 Page 6