Loading...
HomeMy WebLinkAbout1977-01-27MINUTES CITY COUNCIL MEETING THURSDAY, JANUARY 27, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Pro-Tem Ed Mullins called the meeting to order at 7:05 p.m. in the City Hall Council Chambers. II. PLEDGE - Councilman Jim McPherson III. INVOCATION - Mayor Pro-Tem Ed Mullins IV. ROLL CALL Present: Councilman Jim McPherson Councilman Alexis Newbrander Councilman Bill Seidler Mayor Pro-Tem Ed Mullins Also Present: Absent: Mayor Noel Brush Paul A. Williams, Director of Environmental Services Hunter T. Cook, City Engineer David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS of Two Additional Members to the Newly Created Parks & Recreation Commission. B. APPOINTMENT of New Member to the Design Review Board to Fill Vacancy Created by Michael Buccino's Resignation. C. APPOINTMENT of Representative to the Coachella Valley Mosquito Abatement District. Mayor Pro-Tem Mullins advised that these appointments would be deferred to the meeting of February 10, 1977. VI. CONSENT CALENDAR A. MINUTES of the January 13, 1977, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 77-071. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR THE MONTH OF DECEMBER, 1976. Rec: Approve as presented. D. RESOLUTION RECOMMENDATION From the Building Board of Appeals and Condemnation Relative to Flood Damage Reconstruction. Rec: Direct the City Attorney to prepare a resolution in accordance with the recommendations from the Building Board of Appeals & Condemnation. January 27, 1977 Page 1 Councilman Seidler requested that Item A of the Consent Calendar be removed for discussion under Section X, Consent Items Held Over. Councilman Seidler moved and Councilman McPherson seconded to approve the Consent Calendar with the exception of Item A. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. ZOA 02-76, THE SIGN ORDINANCE: Consideration of a Revised Section 25.38 of the Palm Desert Municipal Code and an Amendment to Section 25.39-2.10 of the Palm Desert Zoning Ordinance. Mayor Pro-Tem Mullins declared the Public Hearing open. Mr. Williams pointed out that the Sign Ordinance public hearing had been closed on October 14, 1976, and the matter had been referred to the Planning Commission for further study, review, and input. Mr. Williams explained the major areas of concern regarding the ordinance, the Commissions review and recommendation, and Staff's recommendation. The major changes made to the ordinance included real estate signs, sign amortization, non -conforming signs without a permit, non -conforming signs with permits, time limits, time limit approaches, modified approaches, etc. Mr. Williams also explained the minor changes proposed. Staff's recommendation was to adopt Resolution No. 77-3 which would announce a Council Policy Statement regarding the Sign Ordinance and approve Ordinance No. 129, the Sign Ordinance, as amended, and pass to second reading. Councilman Seidler asked how many total signs were involved and how many would be affected by the ordinance. Mr. Williams responded that there were a total of 1,450 signs with 164 of them being illegal signs. There are a total of 80 major nonconforming signs. Mayor Pro-Tem Mullins asked for input in favor of the ordi- nance and there was none. Mayor Pro-Tem Mullins asked for input in opposition to the ordinance and the following individuals spoke: MR. JIM RICHARDS, 74-470 Abronia, Palm Desert, addressed the Council as a representative of the Palm Desert Motel Associa- tion. He advised that his organization did not feel that they had been given adequate opportunity to express their views, that the Chamber had not included them in the meetings to review the ordinance, and they wished for a continuance. He indicated that he had attended the Planning Commission meetings but never knew when he should address the issue. He stated that the sign ordinance would hurt the motel owners. He objected to the exclusion of the word "motel". He stated that the size of the signs often depended upon the location of the motels and smaller ones would not be sufficient to direct people to their establishments. He asked that time be permitted for his group to meet with the Staff to have their views heard. He pointed out that he, himself, had a $10,000 investment in his sign which represented a goodly portion of his total establishment's value. He also questioned whether or not any of the res- taurant owners had been contacted. Mayor Pro-Tem Mullins stated that the City had made an honest attempt to reach everyone involved or affected by the Sign Ordinance. This was done through the Chunber of Commerce, legal notification, press coverage, etc. He pointed out that it was virtually impossible to reach everyone. January 27, 1977 Page 2 MR. FRANK MESSINO, Desert Patch Motel, 73-758 Shadow Mountain Drive, Palm Desert, opposed the Sign Ordinance in that he felt it should apply only to new signs erected. He stated that his sign would be affected even though he was in an R-3, commer- cial zone. He also opposed the deletion of the word "motel" and read definitions of both "hotel" and "motel" from the dictionary. He stated that he saw no reason the word motel could not be used. Mr. Williams explained that the State of California had eliminated the use of the word and that Palm Desert was following its decision. MR. BILL MILLER, Casa Larrea Motel, 73-771 Larrea, Palm Desert, addressed. Council stating that he had received his permit for the erection of his sign from the City and now it was being declared illegal. He asked for continuance and further study. MRS. EVE OWENBY, 73-925 Highway 111, Palm Desert, stated that her office sign had been erected illegally, without a permit. She stated, however, that she had contracted with a sign com- pany to do it for her and felt that it was their responsibility to take out a permit. She stressed the importance of her sign and asked for further study to prevent discrimination. MRS. HIDEWICK, Esquire Motel, Palm Desert, addressed Council stating that her sign had been in existance when she purchased the business, that it was important to her business, and opposed the ordinance which would make it illegal. She stated that she and the other motel/hotel owners collected a 6% transient occupancy tax for the City and asked what the City was doing for her. MR. MORRIS REICHLY, 74-275 Highway 111, Palm Desert, addressed Council on behalf of the Palm Desert Board of Realtors, asking for reconsideration of free-standing signs. MR. GEORGE KRYDER, Nelsha's Draperies, 44-850 San Pablo, addressed Council as representative of the Palm Desert Retail Merchants Division of the Chamber of Commerce. He indicated that he had written a letter to the Council regarding the ad -hoc committee and its composition. He also stated that approximately 4 months ago, he had asked for a list of people who would be affected by the sign ordinance so that he might contact them. He indicated that he had not received this list from Staff, but that he was also remiss in that he had not followed up on his request. He felt that with such a list, the people present at the meeting might have been con- tacted and their problems or opposition worked out. He also asked for continuance in that there was no immediate urgency for the passage of the Sign Ordinance. MR. JIM RICHARDS addressed Council again asking if any type of economic value had been placed on the total 1460 signs or in particular, the 80 signs in violation. Mr. Williams stated that the original cost of the sign was used and that there was no way of measuring the present value. MR. FRANK MESSANO, Desert Patch Motel, addressed Council again stating that the replacement value of the signs should be of great consideration. Councilman Newbrander stated that the City Council was not against anyone. They were merely trying to do the best thing for the appearance of the City. Councilman Seidler stated that the 6% bed tax collected did, in fact, benefit everyone in the City as the use for this money went to many different things. With no further input from the audience, Mayor Pro-Tem Mullins declared the hearing closed. January 27, 1977 Page 3 Councilman Seidler stated that many, many months of time, study, public review, etc. had gone into the preparation of this ordinance. He did not like to see it again con- tinued. He asked the legalities of adopting the ordinance with the exception of those particular sections dealing with hotels/motels. Dave Erwin, City Attorney, advised that inas- much as any change made to those sections might ultimately affect other sections, he would have to recommend continuing the entire matter. Councilman Seidler suggested that the wording in Section 25.38- 18.08 (1) be changed to read: Membership - The Committee shall consist of at least 5 community members with at least 3 of the members being from the business community to be appointed by the Council. Councilman Seidler stated that he felt a 5 member committee would be adequate and Councilman Newbrander agreed with the number of committee members, but disagreed that as many as 3 must be from the business community. She stated that possibly it should be 5 community -spirited people. Councilman McPherson suggested that for simplification, the entire matter be continued. Dave Erwin advised that the public hearing would have to be reopened and Mayor Pro-Tem Mullins so reopened the hearing. Councilman Seidler moved and Councilman McPherson seconded to con- tinue the Public Hearing to the meeting of February 10, 1977. Motion carried unanimously. VIII. RESOLUTIONS None IX. ORDINANCES - For Introduction: None ORDINANCES - For Adoption: A. ORDINANCE NO. 133 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25, SECTION 25.46, OF THE PALM DESERT MUNICIPAL CODE, CHANGING THE ZONE FROM R-1-12,000 TO (UA) O.S. AND (UA) S.I., S.P., FOR A 121 ACRE PARCEL OF LAND LOCATED WEST OF COOK STREET AND APPROXIMATELY 3,300 FEET NORTH OF THE WHITEWATER RIVER STORM CHANNEL. CASE NO.06-76. Mr. Williams explained that this was the second reading of the ordinance and that unless Council had questions, he had no further input. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 133. Motion carried unanimously. B. ORDINANCE NO. 154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE SUMS ON BONDS FOR CERTAIN CITY OFFICERS AND EMPLOYEES, AUTHORIZING PAYMENT OF PREMIUMS FOR SAID BONDS AND AMENDING ORDINANCE NO. 29 OF SAID CITY. Mr. Williams stated that this was the second reading and he had no further input. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 154. Motion carried unanimously. X. CONSENT ITEMS HELD OVER (A) MINUTES of the January 13, 1977, Meeting of the City Council. Councilman Seidler asked that the second sentence of the third paragraph on Page 7 should be corrected to read January 27, 1977 Page 4 "present elementary and middle school" rather than future site of the high school. Mr. Williams stated that Page 11 should be corrected to note that Mrs. Rusten spoke and not Mr. Rusten. Councilman Newbrander moved and Councilman Seidler seconded to approve the minutes as corrected. Motion carried unanimously. XI. CONTINUING BUSINESS XII. NEW BUSINESS A. REQUEST For Approval of Inter -City Agreement with City of Palm Springs for Street Maintenance Services. Mr. Hunter Cook explained the agreement for Council. Councilman McPherson moved to waive further reading and adopt Resolution No. 77-4, authorizing the City Manager to execute an agree- ment with the City of Palm Springs for street maintenance services. Councilman Seidler seconded the motion; carried unanimously. XIII. OLD BUSINESS A. REQUEST for Awarding of Contract 1003 for Phase I Lighting at the Palm Desert Community Park. Mr. Cook indicated that the Lighting Contract had been rebid under new specifications and that Industrial Electric had submitted the lowest bid at $15,695. Mr. Cook pointed out that an additional $3,500 would have to be appropriated in order to complete this contract. Councilman McPherson noted that this amount was higher than the amount budgeted for the Community Park lighting. He stated if items continually come in higher than what we are budgeting for, we might have a serious problem. Mr. Cook assured Council they would continue to watch this as it was a concern to Staff also. Councilman Seidler moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-5, awarding Contract 1003 to Industrial Electric Supply Co., Inc. for $15,695 and appropri- ating additional funds in the amount of $3,500. Motion carried unani- mously. XIV. ORAL COMMUNICATIONS MS. Sharon Borstein, 44-600 San Rafael, Palm Desert, addressed Council expressing concern over the lack of traffic signals at Highway 111 and Avenue 44 and Deep Canyon Road and Highway 111. She noted that these two intersections had been the scene of two deaths each within the past month and asked how long it would take before something was done about it. Many others have lost there lives there prior to this. Mr. Cook responded indicating that the City had been in constant communication with Caltrans regarding the signal at Deep Canyon and Highway 111. It was originally scheduled for installation in September, but the company awarded the contract had gone into bankruptcy. The City had been notified that the State receiver had agreed that the contractor could complete this contract and work should commence within a week or so. The present holdup was location of some materials. Mr. Cook stated that the signal for Highway 111 and Avenue 44 was almost through the design stages at Caltrans and the City was working on obtaining the right-of-way necessary for the installation. After completion of this, the project will be finalized and put out to bid. January 27, 1977 Page 5 MR. MORRIS REICHLY addressed Council indicating that he felt the Palm Desert City Council was discriminated against in that all the other cities have their agenda items published in the papers as news items. He suggested putting a "bug" in someone's ear to eliminate problems such as experienced with the Sign Ordinance this evening. XV. REPORTS AND REMARKS A. CITY MANAGER 1 Mr. Williams pointed out that future meetings of the City were listed on the agenda such as Study Sessions, etc. He pointed out that in addition to the three listed, there were four others to be added: a) February 1, 1977 - 5:30 p.m. Joint Study Session of the Palm Desert City Council and the C.V. Water District Board. b) February 1, 1977 - 7:30 a.m. - Meeting of the Redevelopment Agency Finance Committee. c) February 9, 1977 - 7:00 p.m. - Joint Study Session of the City Council and Planning Commission. d) February 10, 1977 - 5:30 p.m. - Study Session prior to regular meeting of the City Council. 2. CITY ATTORNEY Dave Erwin stated that Council had already approved Tract No. 5277-1 for Palm Desert Venture Limited including the tract map and normal improvement agreements. The developer has asked for a substitution of cash in savings account rather than bonds. The advantage to the developer would be that he would gain interest on the money during the time it was held and also save the cost of premiums required for bonds he would have to put up for the Faithful Performance portion of the agreement. Mr. Erwin stated that it would not affect the City in any way as the monies would still be there. He offered an agreement that he had prepared and recommended Council approve it and authorize the Mayor Pro-Tem and City Clerk to sign it. Councilman McPherson moved to approve the agreement and authorize the Mayor Pro-Tem and City Clerk to sign it. Councilman Newbrander seconded the motion; carried unanimously. 3. CITY COUNCIL None XVI. ADJOURNMENT Councilman Newbrander moved and Councilman McPherson seconded to adjourn the meeting. Mayor Pro-Tem Mullins adjo rred the meeting at 9:05 p.m. ATTEST: / �� ; (//, (EDWARD D. MULLINS, MAYOR PRO-TEM SHEILA R. GILLIGAN/ACTING CITY CLERK January 27, 1977 Page 6