Loading...
HomeMy WebLinkAbout1977-10-13MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 13, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins convened the Regular Meeting of the Palm Desert City Council at 7:05 p.m. on Thursday, October 13, 1977, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION'- Mayor Ed Mullins IV. ROLL CALL Present: Councilman Noel Brush Councilman Jim McPherson Councilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Ralph Cipriani, Acting Director of Environmental Services Hunter T. Cook, City Engineer Carlos Ortega, Assistant to the City Manager Paul E. Byers, Director of Management Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the September 22, 1977, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 78-031. Rec: Approve as presented. C. PLANNING COMMISSION RESOLUTION NO. 288 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING ITS FINDINGS AND RECOMMENDATIONS TO THE CITY COUNCIL REGARDING TWO REPORTS SUBMITTED TO THE CITY BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS. Rec: Receive and instruct the City Manager to schedule the matter for a Council Study Session. Councilman Wilson asked the City Manager for clarification of the recommendation made for Item C on the Consent Calendar. Mr. Bouman advised that the two reports issued by CVAG dealing with blowsand and growth impact would be the topic of discussion at the Study Session. He further indicated that these two reports had been distributed to Council for review prior to the Study Session. October 13, 1977 Page 1 Councilman Newbrander moved and Councilman Wilson seconded to approve the Consent Calendar as presented. VII. PUBLIC HEARINGS A. CASE NO. CLZ 06-77 - C. G. DUNHAM, APPLICANT: Request for a Change of Zone from PR-6 (Planned Residential, 6 Dwelling Units to the Acre) to C-1, S.P. (General Commercial, Scenic Preser- vation Overlay) and R-3(4) (Multi -Family Residential 4,000 Sq. Ft. of Land Area per Dwelling Unit) on Property Located South of and Adjacent to El Paseo Between Lupine Lane and Sun Lodge Lane Extended. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Ralph Cipriani reviewed the Staff Report for Council pointing out that the subject parcel consisted of the entire block located south of El Paseo between Lupine Lane and Sun Lodge Lane. He stated that the Council had previously granted a change of zone on a portion of the subject parcel from Medium Density Residential to Core Area Commercial. This previous action reflected a change in thought regarding the land use considered most appropriate for the subject property and additionally, the action paved.the way for approval of the present change of zone request as it is now in confor- mance with the Redevelopment Plan for that portion of the subject parcel within the Redevelopment Project Area. Mr. Cipriani reviewed the overallproposal of the applicant and the adjacent zoning. He stated that the Planning Com- mission had, on October 4, 1977, approved the applicant's request for a Conditional Use Permit to construct and main- tain a parking lot on the central portion of the block pro- posed to be R-3(4,000). The approval of the Conditional Use Permit is contingent upon approval of the request for change of zone. Staff recommended approval of the request by Ordinance No. 169. Mayor Mullins asked for input in FAVOR of the request. Mr. Curt Dunham, 73-210 El Paseo, Palm Desert, addressed the Council as the applicant. He stated that he had no further input but was available for questions if the Council had any. Mayor Mullins asked for input in OPPOSITION to the request and none was offered. The Mayor declared the Public Hearing closed. Councilman Brush moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 169 to second reading. Motion carried unanimously. B. CASE NO. C/Z 07-76 - PLANNING COMMISSION INITIATED: The Consideration of a Planning Commission Study and Report on an Alternative Change of Zone from 'S' (Study) to PR-7, S.P. (Planned Residential, Maximum 7 Units to Gross Acre, Scenic Preservation Overlay) on a 36.46 Acre Parcel Located at the Northwest Corner of the Intersection of Avenue 44 and Fairhaven Drive - Public Hearing Closed. Mayor Mullins declared the Public Hearing open. Mr. Sam Freed presented the Staff Report (attached hereto and made a part of these minutes as Exhibit "A" per Govern- ment Code 65804(d)). He indicated that this matter had been returned to the Planning Commission by the Council at their meeting of September 8, 1977, for consideration of the most appropriate alternative to the original recommendation by the Planning Commission of PR-10 on said property. The Council specifically requested that the Planning Commission consider PR-6 through 9, S.P., R-1, S.P. Mr. Freed stated that the Planning Commission had given very serious consideration to this rezoning and did by October 13, 1977 Page 2 minute motion unanimously recommend a PR-7, S.P. zoning on the subject property for the following reasons: Said designation would provide for condominium development on the property in question comparable to existing condomim- ium development in the community; Said designation would be more compatible to existing zoning to the north, south, and west; A greater density than 7 units to the acre would not preclude the possibility of apartment development in the area; The recommendation is consistent with recommendations from the previous Planning Commission to the City Council when they forwarded a recommendation of R-1 for the property as a part of the original zoning map for the City in December of 1975; and This density reduces the need for two-story development and the S.P. overlay can be utilized to restrict its application. Mr. Freed stated that it was Staff's recommendation to approve this recommendation by adoption of Ordinance No. 170. Mayor Mullins invited input from the audience in FAVOR of the rezoning and none was offered. Mayor Mullins invited input from the audience in OPPOSITION to the rezoning and none was offered. The Mayor declared the Public Hearing closed. Councilman McPherson stated that this recommendation was more in line with his thoughts when the issue was first presented, and it will provide the City with the zoning it needs in line with the General Plan. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 170 to second reading. The motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A STOP SIGN ON SHADOW MOUNTAIN DRIVE AT CHICORY STREET FOR SOUTH BOUND TRAFFIC. Mr. Hunter Cook reported that in analyzing the traffic around Washington School, it was found that one bad intersection existed in that it was a relatively blind intersection - that being Shadow Mountain Drive at Chicory Street. For that reason, Staff was recommending the approval of a Stop Sign at this intersection. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-114. Motion carried unani- mously. B. RESOLUTION NO. 77-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE CITY'S INTENTION TO VACATE A PORTION OF THE SOUTH FRONTAGE ROAD. Mr. Bouman reported that this matter dealt with the lengthy process the City had undertaken to build an extension of San Pablo. The plans and specifications are ready, and we have had a right-of-way trade, a realignment of the frontage road, and this step is now necessary to vacate a portion of the frontage road. Mr. Bouman requested that October 27th at 7:00 p.m. be set for the hearing date and that the City Clerk be directed to advertise in one other newspaper of general circulation in addition to the Palm October 13, 1977 Page 3 Desert Post in order to meet advertising deadlines. These would be amendments to the resolution as presented. Councilman Wilson moved to waive further reading and adopt Resolution No. 77-115 as amended, and Councilman Brush seconded the motion. Motion carried unanimously. IX. ORDINANCES A. ORDINANCE NO. 168 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR CODIFICATION OF THE ORDINANCES OF THE CITY OF PALM DESERT. Mr. Erwin explained that this ordinance, in accordance with State law, will provide the City with codification of all of the City ordinances, placing them in one book and in a dif- ferent indexing format. This ordinance is similar to that of the one adopting the Uniform Building Code. Mr. Erwin also pointed out that from now on, when amending an ordinance, the section numbers in the Codification book should be used rather than those on the original ordinances. Councilman Brush moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 168 to second reading. Motion carried unanimously. For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR CONSIDERATION of an Emergency Ordinance of the City of Palm Desert, California, Approving a 120 Day Building Moratorium for Certain Areas within the College of the Desert District. Mr. Bouman reported that a draft report has been issued by the Department of Environmental Services entitled "The College of the Desert Area Specific Plan". That Specific Plan, when reviewed, revised, and adopted,would then become the established growth development pattern for the area surrounding the College of the Desert. He pointed out that other cities had found in the past that when the initial draft of such a report is made public, that certain things begin to happen in that area which could cause irreversible impacts on the designation of land use or acqui- sition of adequate street rights -of -way within the study area. For that reason, State law provides for enactment of an Urgency ordinance which then sets a moratorium on issuance of building permits in that area for a limited period of time while the plan is being finalized and adopted. Staff feels that this type of ordinance is a necessary action in order to assure proper development. It is a 120-day moratorium, and it can be extended, although Staff does not feel that it will be necessary. Extension of the moratorium would require a Public Hearing. Councilman McPherson stated that he did not believe that the moratorium should be commenced. He referred to the Redevelopment Plan and the General Plan, indicating that even though deadlines were set, they were not able to be met. He stated that the 120-day time limit was, to him, unrealistic, and that if he owned property in that area and wanted to build on it, he would definitely be at City Hall protesting the moratorium. October 13, 1977 Page 4 Councilman Wilson stated his disagreement with Councilman McPherson stating that we do have some unique parcels in that plan which would be drastically affected if a mora- torium is not put into effect. He felt that this situation was different from that of the Redevelopment Plan where we have had the Redevelopment Agency going along with each planning phase. He stated that the importance torium would be to get a sense of direction in and the moratorium could be lifted at any time felt the plan was concrete. of a mora- which to go, the Council Councilman Newbrander stated her agreement with Councilman Wilson stating that this was such a limited area that one wrong move could spoil the plan. Councilman McPherson asked Mr. Freed if he really believed the 120 days was realistic. Mr. Freed responded that at the next meeting of the Planning Commission, Staff was requesting authorization to circulate the COD Plan and to conduct neighborhood meetings to get a feel from the resi- dents. He also stated that a number of special meetings of the Planning Commission and Council had been scheduled in order to expedite the review and subsequent adoption of the Plan. Councilman McPherson stated that he could not agree that all of this could be accomplished in 120 days, and that it would create a severe economic hardship for some. He felt that it would be at least one year before the Plan would be adopted. Dave Erwin pointed out that the 120-day moratorium could be extended; however, public hearings would have to be conducted before the extension could be granted. Councilman Wilson pointed out that a lot of time and effort had gone into this Plan because that area is so important to the future development of this city. He concluded that the 120-day moratorium was not too much to ask. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Ordinance No 171 as an Urgency Ordi- nance. Motion carried on the following vote: AYES: NOES: ABSENT: ABSTAIN: XIII. OLD BUSINESS reject Motion A. Brush, Newbrander, Wilson & Mullins McPherson None None REQUEST FOR REJECTION OF BID for Contract No. Maintenance and Repair of Various Streets. 1013 for Mr. Cook reported that bids had been received for Contract No. 1013 for the installation of rock base on the shoulders of several streets. Only one bid was received which was drastically over the engineer's estimate. Staff's opinion that the bid of $12,450.00 was too much to justify the benefits received, and it was therefore recommended that the Council reject the bid. Councilman Wilson asked whether or not the contract would be rebid, and Mr. Cook responded that in reviewing the contract, the benefits would not be that great and it would be better to just drop the contract. Councilman Wilson moved and Councilman McPherson seconded to the bid from Massey Sand & Rock Company for Contract No. 1013. carried unanimously. October 13, 1977 Page 5 B. REQUEST FOR FINAL ACTION ON FORMATION OF ASSESSMENT DISTRICT 77-1, PORTOLA/FLAGSTONE. Mr. Cook gave a general presentation indicating that the property owners on the west side of Portola Avenue between Grapevine Avenue and Flagstone Lane and the property owners on Flagstone Lane had requested and petitioned the City to form the special assessment district for the purpose of installing curb, gutter, and tie-in paving in that area. The installation of the curb, gutter, and paving will com- plete the installation in those blocksand on Flagstone which does not presently have any. It will also resolve much of the drainage problem in that area. Mr. Cook introduced Mr. Mac Brown, Special Assessment Dis- trict Attorney, to explain the number of resolutions to be approved by the Council to complete this District. RESOLUTION NO. 77-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING PERSONS TO PERFORM DUTIES. Mr. Brown explained that this resolution designated specific people to perform duties regarding the District. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-107. Motion carried unani- mously. RESOLUTION NO. 77-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE PROPOSED BOUNDARY MAP. Mr. Brown explained that this resolution set the boundaries for the District and adopted them. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-108. Motion carried unanimously. RESOLUTION NO. 77-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACTING ON PETITION. Mr. Brown explained that these proceedings were being initiated by a petition by the property owners which contains a waiver of processing. The resolution accepts the petition. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-109. Motion carried unanimously. Said petition is on file in the City Clerk's office. RESOLUTION NO. 77-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OF INTENTION. Mr. Brown explained that this resolution set forth the boundaries, the general location, and the extent of improvements in the Dis- trict. It also sets forth the intention of the City Council to finance it by the sale of bonds for 10 years at 5% and other requirements such as disposition of surplus, etc. Mr. Brown asked that Section 4 on Page 4 of said resolution be amended to read "City Treasurer" where the blank appeared. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-110 as amended. Motion carried unanimously. October 13, 1977 Page 6 Mr. Brown then stated that Mr. Cook, City Engineer, would present to the Council the Engineer's Report. Mr. Cook pointed out that Council had been provided with a thorough Engineer's Report including plans, specifications, assessment roll, assessment diagram, and description of the works of improvement. He had no further input unless Council had questions. RESOLUTION NO. 77-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PASSING ON THE REPORT AND SETTING A PUBLIC HEARING. Mr. Brown explained that this resolution gave preliminary approval to the report and set a Public Hearing for December 8, 1977, at 7:00 p.m. He noted that the time was amended to 7:00 p.m. from 7:30 p.m. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-111 as amended. Motion carried unanimously. RESOLUTION NO. 77-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REFERENCING WAGE SCALE AND DIRECTING CALL FOR BIDS. Mr. Brown explained that this resolution directed the call for bids for November 29th at 2:00 p.m. at City Hall. This will give the Engineering Department ample time to review said bids prior to presentation. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-112. Motion carried unanimously. RESOLUTION NO. 77-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE SALE OF BONDS. Mr. Brown explained that this resolution not only authorized the sale of bonds but called for bids for November 29th at 2:30 p.m., giving ample time for review of said bids before presentation. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-113. Motion carried unanimously. XIV. ORAL COMMUNICATIONS MR. JOHN STRATTON, Owner of Henny-Penny Take -Out, addressed the Council indicating that he had experienced a lot of robberies, in fact 3 times in one month. He pointed out that his business was not the only one suffering from the robberies, but also the A & W and Circle K. These break-ins were more in the form of vandalism in that over 150 chickens were taken from his business and thrown across the desert and that cokes had been opened and poured into his cash register. In the case of Circle K, he stated that the vandals had disconnected the electricity which caused all of their refrigeration to go off and much food spoilage. Mr. Stratton said that although he reported his break-in as early as 8:00 a.m., the Sheriff's Department did not respond until 4:00 p.m. In asking the deputy why it had taken so long, he was told that they were swamped with calls. Mr. Stratton indi- cated that perhaps our police force was simply spread too thin and that extra patrols might be necessary in areas where these types of burglaries are occurring. He concluded by saying he just wanted to come before the Council to let them know what the business community was experiencing and thinking, and to inquire as to whether or not the Council could do anything to assist. October 13, 1977 Page 7 Councilman Newbrander stated that these types of incidents were not just common to the business area, but that residents were also experiencing the same types of vandalism where someone enters a home and throws beer around and yet does not take anything. Councilman Brush suggested checking the Sheriff's reports to try to determine certain hours and places of these crimes so that better patroling could occur. He moved to direct the City Manager to discuss the matter with the Sheriff's Department to determine the cost of extra manpower during specified times. No second to the motion was offered. Mr. Bouman pointed out that the Sheriff's Department was aware of this type of activity and that extra patrols had been put on. However, once the extra manpower was put into effect, the bur- glarizing stopped. When the manpower was lifted, it began again. It is a difficult thing to control. Councilman McPherson stated that he personally knew Mr. Stratton and that he knew his business had been robbed 3 times prior to this, making it a total of 6 robberies. He concurred that extra patrols should be brought in. Councilman Wilson suggested that representatives from the Sheriff's Department be brought in for discussion at a Study Session. Council concurred, and Mr. Bouman advised that he would schedule such a meeting in the immediate future. MR. EDMUND GUNT, 74-300 Aster Drive, Palm Desert, addressed the Council concerned with the newly enacted moratorium. He stated that he was just getting ready to build on property on Culver Street, an area affected by the moratorium, and this would greatly affect him financially. He asked if exceptions would be made. Mr. Bouman responded that there probably could be no exceptions. Mr. Erwin confirmed that once the moratorium was enacted, Council and Staff was bound by that until it was lifted. There is no variance procedure. Councilman McPherson suggested that Mr. Gunt meet with staff members of the Planning Department to see if anything could be done. XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman explained that Staff was ready to go on the reconstruction of San Luis Rey northerly of Alessandro Drive. This section of San Luis Rey is extremely sus- ceptible to erosion during heavy runoff from south of the highway, and this project includes curb and gutter which will control the erosion and channel the water to the storm drain being constructed on Catalina Way. The esti- mated cost of the project is $68,000, and funds in the amound of $72,000 have been budgeted. Estimated completion date is January 15, 1978. Councilman Wilson moved and Councilman McPherson seconded to approve the plans and specifications for Contract No. 1014 and authorize the City Clerk to advertise for bids to be opened at 9:30 a.m. on November 1, 1977, or at such later time as the City Engineer deemed appropriate. Motion carried unanimously. October 13, 1977 Page 8 B. CITY ATTORNEY None C. CITY COUNCIL Mayor Mullins asked that everyone note the future meetings listed on the Agenda. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:15 p.m. / (1'1 O(ARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, C PY CLERK CITY OF PALM DESERT, CALIFORNIA October 13, 1977 Page 9