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HomeMy WebLinkAbout1977-08-25MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 25, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the regular meeting of the Palm Desert City Council to order at 7:03 p.m. in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Absent: Councilman Jim McPherson Councilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Also Present: Councilman Noel Brush Carlos L. Ortega, Assistant to the City Manager Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney L. Clyde Beebe, Assistant Civil Engineer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the August 11, 1977, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-016 and 77-021. Rec: Approve as presented. C. LETTER REQUEST from the City of Stanton, California, Asking for Support of Their Resolution No. 77-31 Relating to the Definition of Obscene Material. Rec: Waive further reading and adopt Resolution No. 77-91, Urging the State Legislature to Amend Penal Code #311 Relating to the Definition of Obscene Material. D. LETTER from the City of Rancho Palos Verdes, California, Relative to the Distribution of Sales Tax Revenues. Rec: Receive and refer to the City Manager for response. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE FOR AKEMI & RICHARD F. SIPOS for THE HOUSE OF BENTO, 72-835 Highway 111, Palm Desert, California. Rec: Receive and file Councilman Newbrander moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. August 25, 1977 Page 1 VII. PUBLIC HEARINGS A. CASE NO. TT 5565 - SILVER SPUR ASSOCIATES: Consideration of a Tentative Tract Map for a Single Story, 217-Unit Condominium Development to be Located Southerly of and Westerly of Irontree Drive and Being a Portion of the Ironwood Country Club. Mr. Paul Williams presented Staff's report as well as a report on the Planning Commission's findings. He stated that the two prime concerns of the Planning Commission had been that of flood control problems inasmuch as the Bechtel Report is not yet available and also the problem of fire protection. He pointed out that the Planning Commission had approved the Tentative Tract on August 2, 1977, subject to a new Condition No.12 which dealt with flood control and satisfied the require- ments of the City Engineer and the Commission. Special Con- ditions No. 14, 15, 16, and 17 had been approved by the Commission dealing with fire protection but had since proved to be unsatisfactory to the City Fire Marshal. Subsequent meetings were held with the Fire Marshal, the City Manager, the City Engineering Department, the Planning Department, and the applicant which resulted in revised conditions to satisfy the fire protection requirements. Additional new and modified conditions were proposed through these meetings which were mutually acceptable to the applicant and the City and are being presented as conditions to Council's resolution of approval. A new Special Condition No. 16 had been added to specifically satisfy fire protection requirements for the dedication of a one -acre lot for the purpose of a fire station site by the applicant. Mr. Williams concluded by stating that Standard Condition No. 16 of Resolution No. 77-89 should be deleted in that it was redundant. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the project. MR. DON SHAYLER, 73-893 Highway 111, Palm Desert, addressed the Council on behalf of the applicant. He stated that his client was in agreement with the proposed conditions with the exception of Special Condition No. 11 which dealt with installation of sidewalks along the south side of Portola Avenue between Irontree Drive and Mariposa Drive. He stated that they felt these sidewalks would bear little if any traffic in that the residents of Ironwood had recreational facilities within the project and that the surrounding area was, and probably would not be, developed to the point where sidewalk usage would warrant the installation. He stated that they could become a nuisance inasmuch as they would provide a perfect skateboarding track. He requested Council's consideration of the deletion of Special Condition No. 11. Mayor Mullins invited input in OPPOSITION to the project and none was offered. The Mayor declared the Public Hearing closed. Councilman Newbrander asked the applicant if he would like to construct a fire station on the landto be dedicated. The applicant stated that they would not like to build one. Mayor Mullins stated that this was a large project, and one that will have an impact on the entire City. With this many conditions attached to it, it is good that so much agreement was reached. Councilman Wilson stated that while he agreed with much of what Mr. Shayler said about the sidewalks, he believed that there would come a time when traffic will be enough to jus- tify installation of sidewalks. Thus he felt the condition should stand. August 25, 1977 Page 2 Councilman McPherson stated that the sidewalks would be in an area far removed from the major population of the City, and he could not see where they would be beneficial to anyone there, but it would be a hardship on the developer. Mayor Mullins expressed his agreement with Councilman McPherson and added that he could not see where anyone would walk in that area. Councilman Wilson pointed out that with the increase in development in that area and the fact that Portola may someday go through to Highway 74, the sidewalks would be very beneficial. Mr. Shayler addressed Council again offering an alternative solution by proposing specific landscaping that would leave walkways for pedestrian traffic. Councilman Wilson then asked what position the City would be in relative to future installation if they did in fact now compromise. Dave Erwin advised that it could be a requirement on future development of Ironwood, but after the development is completed, new owners may be involved and then a future stipulation would be difficult or impos- sible to enforce. Councilman McPherson moved to approve Resolution No. 77-89 subject to conditions and with the deletion of Standard Condition No. 16 and Special Condition No. 11. Mayor Mullins seconded the motion. The following vote was cast: AYES: NOES: ABSENT: ABSTAIN: McPherson and Mullins Newbrander and Wilson Brush None Dave Erwin advised that with a deadlock, in effect, no action had been taken. Councilman Wilson pointed out that the City had experienced problems where in the past they did not see the need for certain things for some time and then when we need it, it is not there. He cited the requirement for sidewalks on Haystack in that sidewalks were not required under the first phase of development but are now being required on the second phase, leaving one-half of the block without sidewalks when they are now needed down the entire street. Councilman McPherson asked the applicant how much longer Ironwood planned to be developing and Mr. Shayler replied that it would be approximately 5 years. Councilman McPherson asked the City Attorney as to the feasibility of a Future Improvement Agreement for sidewalks with -a limit of 5 years. Mr. Williams added that he thought that as Ironwood developed down towards Alamo, the need for sidewalks would become more and more apparent because they will then be adjacent to other development. As a compromise, Dave Erwin suggested amending Special Con- dition No. 11 to provide for sidewalks through a Future Improvement Agreement to run for a period of 5 years and to be reviewed by the City either within that 5-year period or at the end of 5 years. Councilman McPherson moved to waive further reading and adopt Resolution No. 77-89 with the deletion of Standard Condition No. 16 and the modification of Special Condition No. 11 to read: "Sidewalks shall be the subject of a Future Improvement Agreement executed prior to approval of Final Tract Map for their installation within a period of five (5) years if determined by Council to be necessary, and subject to review in all events at the end of five years to determine if instal- lation is necessary at all. The Future Improvement Agreement shall be August 25, 1977 Page 3 subject to approval by the City Attorney." Councilman Wilson seconded the motion. The motion carried on the following vote: AYES: McPherson, Wilson, and Mullins NOES: Newbrander ABSENT: Brush ABSTAIN: None B. CASE NO. TT 10428 - GEORGE GRAZIADIO: Consideration of a Request for Approval of a Tentative Tract Map for a 20-Lot Subdivision to be Located Northerly of and Adjacent to Haystack Road, Approximately 600 Feet Westerly of the Intersection of Haystack Road and Portola Avenue. Mr. Williams reported that the proposed tract obviously does not conform with the existing PR-3 zoning of the property. On August 2, 1977, the Planning Commission decided that the subject property is located in an area that is highly flood prone, and that the present PR-3 zoning, which would permit clustered development, would have much more flexibility in confronting the runoff and drainage problems associated with the site than the R-1, 10,000 zoning which involves a lot configuration more susceptible to flood damage. The lot configuration for a tract in a PR-3 zone would also more easily mitigate any possible adverse impacts in the area of aesthetics than the lot configuration dictated by the R-1, 10,000 zone. The preservation of scenic views was also strongly considered. The Commission also felt that the applicant had shown no cause for a change of zone and agreed with staff that the PR-3 zoning would offer more flexibility in dealing with any possible adverse impacts. Mr. Williams advised that the City had received a letter from Attorney Irwin J. Eskanos, representing Messrs. Ellis Jacobs and Philip Sussman who are residents of Marrakesh. Mr. Eskanos's request was for a continuance of the matter until such time as the residents return and can be heard, suggesting that December would be appropriate inasmuch as most winter residents are back by then. Mr. Williams pointed out that the City's subdivision ordinance allows for only a 30-day continuance. Mayor Mullins declared the Public Hearing open and asked for input in FAVOR of the project. None was offered. Councilman McPherson asked Mr. Williams whether or not the applicant had been notified of the hearing, and Mr. Williams advised that he had been. Mayor Mullins invited input in OPPOSITION to the project and none was offered. The Mayor declared the Public Hearing closed. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-90, denying a Ten- tative Map for Case No. TT 10428. Motion carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 77-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR CONTRACT 1012 AND ESTABLISHING A DATE TO RECEIVE BIDS. Mr. Ortega explained that this was a request to the City Council for authorization for the City Clerk to advertise for bids for maintenance and repair of various streets in the City, namely Grapevine, Willow, Tamarisk, Goldflower, Salt Cedar, Desert Lily, San Jacinto, Cabrillo, Santa Anita, Fairhaven, Rancho Grande, Tampico, Sierra Vista, and San Luis Drive. He pointed out that most of the work proposed was for portions of the named streets, but on a few, the entire street would be repaved. Mr. Ortega also requested, August 25, 1977 Page 4 at this time, that an additional street be added - Pinyon Street from Joshua Tree Street to Burroweed Street. He stated that the Acting City Engineer had advised that this would not affect the dollar amount involved. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-92 with the addition of Pinyon Street from Joshua Tree Street to Burroweed. Motion carried unanimously with the members present. B. RESOLUTION NO. 77-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF PALM DESERT, CALIFORNIA. Mr. Ortega stated that this was something that has been required of public agencies since 1972. The approval of the resolution and Affirmative Action Program will insure that the City will take aggressive steps to increase employ- ment of minorities and women. The Program will be imple- mented by the City Manager and calls for certain actions to take place on a specific time schedule. Councilman McPherson stated that it was a shame that the City had to adopt a program to ensure that we would take action we should be doing anyway. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-93. Motion carried unanimously with the members present. C. RESOLUTION NO. 77-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN EMERGENCY OPERATIONS PLAN FOR THE CITY OF PALM DESERT. Mr. Orgeta reported that the City was required to write an Emergency Operations Plan in case of a disaster. Such a plan has been completed and has been reviewed in Council Study Sessions with Mr. Richard Signs of the County Disaster Preparedness Office. The Plan is now ready for adoption and is presented through Resolution No. 77-94. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-94. Motion carried unanimously with the members present. Mayor Mullins thanked Mr. Richard Signs, who was in the audience, for his assistance, and that of the Staff, in preparing this complex plan. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 167 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. Mr. Ortega explained that this ordinance would not only combine all of the City's present fire prevention ordinances but also adopted the 1976 Uniform Fire Code, superceding the 1973 Code previously adopted. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 167 to second reading, with the deletion of Paragraph (b) of Section 5. Motion carried unanimously with the members present. August 25, 1977 Page 5 For Adoption: A. ORDINANCE NO. 165 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 24 OF SAID CITY RELATING TO PUBLIC NUISANCES. Mr. Ortega stated that this was second reading for the ordinance and that he had no further input. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 165 with Section 3 amended to read: "The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published and circulated within the City of Palm Desert, and the same shall be in full force and effect thirty (30) days after its adoption." Motion carried unanimously with the members present. B. ORDINANCE NO. 166 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE 80, KNOWN AS THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1. CASE NO. RPA 03-77. Mr. Ortega advised that this was the second reading of the ordinance and that he had no further input. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 166. Motion carried unani- mously with the members present. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None XIJ. ORAL COMMUNICATIONS MR. DAVID DIFFEY, 73-840 Rancho Road, Palm Desert, addressed Council asking when the dirt that had been placed on his street during the recent rains would be removed. He stated that it was creating a hazard. Mr. Clyde Beebe, Assistant Civil Engineer, advised that Mr. Dick Arnold of the Engineering Department had inspected that area today to insure that the Fire Department and the Sheriff's Department had easy access to the street and they did. He explained that only City crews were being used and that it was taking a little longer than previously when outside crews were brought in. Mr. Diffey continued that it was an extreme hazard in that if a child ran in front of a car, the car would not be able to stop because of the sand on the street. Councilman McPherson stated that he felt Rancho Road should be placed on the top of the priority list the following day and the dirt should be removed immediately. He pointed out., however, that the City was not in a position to put the dirt back in the next time it rained. August 25, 1977 Page 6 MRS. IRENE SCHMITZ, 44-790 San Jose, Palm Desert, addressed Council on behalf of her sister-in-law. She stated that her sister-in-law, Mrs. Guest, lived on the corner of Portola and Rancho Road, and that she had been flooded 3 times. Mrs. Schmitz stated that she felt the flooding occurred because of the raising of Portola which had occurred some ten years ago. She asked what was being done about it. Councilman McPherson assured Mrs. Schmitz that the City was working on solutions, but these solutions would not be found overnight. He did suggest that the Engineering Department look into the problem with Portola to see if there was any type of temporary solution inasmuch as the permanent drainage solution and subsequent work could take as long as one year to implement. Mayor Mullins stated that the City knows something has to be done and Staff is very busy working on it. However, it is going to be an expensive project, and it will take some time to engineer. It seems simple, but it is not. MRS. KATHY KRONNEMEYER, 73-750 Buena Circle, Palm Desert, addressed Council asking whether or not the rumor she was hearing about the City not helping anymore was true. Mayor Mullins pointed out that the last rain had cost the City over $20,000 and that the City simply did not have this type of money to spend. Mrs. Kronnemeyer stated that she had been flooded out three times and was concerned. Councilman McPherson assured Mrs. Kronnemeyer that the City would be open during heavy rains to operate a command post for volunteers and also to help people to help themselves. Mayor Mullins explained to the group that although the City would be more than willing to help every time it rained, the budget simply did not allow for it. He pointed out that unless an actual disaster occurred, the City was not reimbursed by the State or Federal Governments for monies expended. Consequently, the City had no choice but to do as much as they could without the expenditure of money with the exception of a disaster. Mrs. Kronnemeyer stated that the south side of Palm Desert had received far more help than the north side. Councilman McPherson stated that this was definitely not true. He had worked during the flood last September and also last week; he had been on the north side of town, and they were receiving no less help than the south side. In view of what Mrs. Schmitz had said about Portola, Councilman Wilson stated he felt that Portola Avenue should be examined to see just exactly what the problem is. Staff was so directed. XV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins asked that everyone note the future meetings listed on the Agenda. August 25, 1977 Page 7 XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded the motion to adjourn the meeting. Motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at 8:10 p.m. ' DWARD D. MULLINS , MAYOR L ATTEST: ) SHEILA R. GILLIGAN, C Y CLERK CITY OF PALM DESERT, CALIFORNIA August 25, 1977 Page 8