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HomeMy WebLinkAbout1978-04-13MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 13, 1978 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:15 p.m. by Mayor Pro-Tem McPherson in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION IV. ROLL CALL Present: Absent: Councilman Noel Brush Councilman Alexis Newbrander Councilman Roy Wilson Mayor Pro-Tempore McPherson Also Present: Mayor Mullins (excused absence) Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Management Services Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION Declaring the Week of April 16, 1978, As Alcohol Awareness Week. Mayor Pro-Tem McPherson read the proclamation for the benefit of the audience. B. REDEDICATION OF THE FREEDOM SHRINE by the Palm Desert Exchange Club, Mr. Frank Allen, President. Mr. Allen introduced members of the Exchange Club present for the rededication, and he advised that the purpose of the rededi- cation was not only to remind everyone that these important documents are available for viewing at City Hall, but also to remind all citizens of their important heritage. He urged all citizens of the United States to learn more about how their freedom was won and to earn a greater respect for it. VI. CONSENT CALENDAR A. MINUTES of the March 23, 1978, Regular Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-092 and 78-093. Rec: Approve as presented. C. LETTER OF RESIGNATION from Mr. F. Charles Reading as Vice - Chairman of the Palm Desert Planning Commission. Rec: Receive and accept with regrets. April 13, 1978 Page-1 D. COUNTY REFERRAL CASE NO. CZ 2162, IRWIN S. SCHUMAN, Applicant: Rec: Direct the Director of Environmental Services to forward the letter regarding the request to the Riverside County Board of Supervisors. E. REQUEST FOR APPROVAL To Enter Into A Lease Agreement for Data Processing Equipment with Datapoint Corporation. Rec: Approve the Agreement and authorize the Mayor and City Clerk to execute. F. REQUEST FOR FINAL APPROVAL OF CONTRACT 1011, Flood Damage Repairs in Conjunction with FDAA. Rec: 1) Accept the work as complete on behalf of the City. 2) Instruct the City Clerk to file a Notice of Completion. 3) Instruct the City Clerk to release the bonds 35 days after the Notice of Completion has been filed. G. REQUEST FOR FINAL APPROVAL OF CONTRACT NO. 1006, Storm Drain Improvement on Catalina Way and San Pasqual Avenue and Street Improvement Project on Catalina Way. Rec: 1) Accept the work as complete on behalf of the City. 2) Instruct the City Clerk to file a Notice of Completion. 3) Instruct the City Clerk to release the bonds 35 days after the Notice of Completion has been filed. H. REQUEST FOR FINAL APPROVAL OF CONTRACT NO. 1012, Maintenance and Repair of Various Streets. Rec: 1) Accept the work as complete on behalf of the City. 2) Instruct the City Clerk to file a Notice of Completion. 3) Instruct the City Clerk to release the bonds 35 days after the Notice of Completion has been filed. I. REQUEST FOR APPROVAL of 30-Day Bond Extension for Tract No. 11215-1, Portola Country Club. Rec: Approve the request for a maximum of 30 days. Councilman Wilson asked the Clerk to note two corrections on Page 4, Section X,E, of the Minutes. Correction noted was that it was the Ra1pH M. Brown Act, and the California Public Records Act. Councilman Brush requested that Item D be removed from the Con- sent Calendar for discussion under Section X of the Agenda. Councilman Wilson moved and Councilman Newbrander seconded to approve the Consent Calendar with the exception of Item "D". Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. APPEAL OF PLANNING COMMISSION RESOLUTION NO. 335, Which Approved a Development Plan and Preliminary Design Review for 5 Commercial Structures To Be Located on Approximately 3.5 Acres at the Southwest Corner of Highways 111 and 74, CAL-AMERICAN INCOME PROPERTY FUND, Appellant. April 13, 1978 Page 2 Mr. Williams reviewed the Staff Report. He pointed out that the appellant's claim that timely legal notice of the Public Hearing was not received was not correct in that legal notices were sent out in a timely manner; however, the appellant did not advise of his current mailing address which is different from that listed on the Assessor's role which was used for the mailing of the notices. Therefore, the appellant did experience a delay in receiving his notice, but it was not the fault of the Staff. In response to the appellant's claim that Mr. Williams had advised in writing that the Hearing would be continued, Mr. Williams pointed out that his letter did state that it "could" be continued, but only the Planning Commission has the authority to continue a matter. With regard to the appellant's claim that the proposed new development will impair the desirability of investment or occupation in the neighborhood or create traffic hazards, Mr. Williams reviewed the tremendous success of shopping centers due to the fact that each tenant within the center is able to draw customers from other tenants. Insofar as traffic congestion and hazards, everyone who had reviewed the plan felt that a fully integrated center, each phase being related to the other, provided excellent traffic flow. The appellant had also claimed that the proposed develop- ment violates Design Review Standards which require site planning to occur in a manner which minimizes obstruction of scenic views. Mr. Williams responded that this was a lack of understanding of the intent of the scenic preser- vation overlay zone district, as, in actuality, the overlay zone is intended to preserve the vistas and views of the surrounding mountains. The final claim was that the proposed development violates the City's minimum site size requirement of 4 acres for Speciality Commercial Centers. This requirement is appli- cable only when an applicant proposes a planned development which requires a change of zone to a Planned Commercial zone In this case, the subject property was already in a Planned Commercial zone at the time of application. Mr. Williams concluded that none of the appellant's claims were justified or correct, and that Staff believed the proposed development meets the City's intentions for the property, will enhance the area, and will prove to be a high quality development that will increase business activity in the vicinity. He recommended that the appeal be denied by Resolution No. 78-34. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the appeal. Mr. Fred Hameetman, Vice President of Cal American, addressed Council indicating that Cal American owned the Palms -to -Pines Plaza being discussed with the exception of Safeway and Thrifty. He explained that when the first phase had been built, they were forced to adhere to the existing setback because of County requirements. The newly proposed develop- ment would be allowed to be constructed much ahead of their setback, thus obstructing the view of the existing buildings. He felt that this would seriously hinder business for the existing facilities, and he expressed concern that Safeway would begin looking for another facility. He pointed out the flow of traffic proposed for the drive-in window of the bank would be extremely hazardous. He also stated that this flow across the parking lot of the existing center was a violation of their property rights in that they had not granted any type of ingress or egress easement. He concluded by stating that they did not wish to stop the development, but they would like it to be consistent with their own. Mayor McPherson invited input in OPPOSITION to the appeal, and the following was offered. April 13, 1978 Page 3 Mr. Robert H. Ricciardi, 73-700 Highway 111, Palm Desert, adressed Council as the architect for the proposed project. He pointed out that the setback referred to by Cal American was not set by the County, but by Safeway because they did not want their view blocked. He stated that he was the architect on the original project and thus had first-hand knowledge of this. He pointed out that the Chevron station on the corner of Highway 111 was also set much further ahead of the setback, and this had not seemed to affect the Safeway business. All of the businesses in the present center have entered into a reciprocal agreement for parking lot access. A similar type of agreement will be necessary for the new development. Mr. Ricciardi reminded that the present alleyway into the center along the side of Sprouse Rietz was extremely narrow and dangerous, and the new development would more than double the width of the driveway. Mr. Ricciardi pointed out on the map where Mr. Hameetman was wrong about the flow of traffic through the drive-in window of the proposed bank in that it will flow in the exact opposite direction, causing no danger. He concluded by discussing the benefits of reducing the asphalt parking size as to energy savings, the benefits of the open -space shopping center style, and stating that everyone knows where Thriftyand Safeway are, they are doing tremendous business, and he felt that people did not depend upon seeing their facilities from the highway to find them. Mayor Pro-Tem McPherson asked if the setback line was not established to satisfy parking requirements. Mr. Ricciardi responded that this could have been, but it was an arbitrary line. Mr. Herbert Hunt, 45-975 Highway 74, Palm Desert, addressed Council stating that he had worked with Mr. Carver in the building of the Palms -to -Pines Center and that the setback line was arbitrary. He pointed out that the second phase of Palms -to -Pines just to the west had certainly built right up to Highway 111, with no concern about that large a setback. Councilman Wilson questioned how thoroughly the Planning Commission discussed the various locations of the parking adjacent to the Columbia Savings & Loan indicating that it seemed to be in conflict with existing parking. Mr. Williams responded that the access lane had been expanded to accommo- date this parking. However, the new development is designed to flow with the other parking. If the conflict about easements is not resolved, then the new development would not be permitted. However, it is an issue between the property owners. Mayor Pro-Tempore McPherson declared the Public Hearing closed and asked the pleasure of the Council. Councilman Brush moved to waive further reading and adopt Resolu- tion No. 78-34, denying the appeal. Councilman Wilson seconded the motion; carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 78-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA. ESTABLISHING A CITY OF PALM DESERT COMMUNITY LIBRARY COMMISSION. Mr. Bouman advised that the City had recently accepted as public property the deed to the Palm Desert Community Library Branch, both for the building and the land. Since that time, the Council has expressed a desire to set up an advisory board for the Library, and the resolution proposed would establish a City of Palm Desert Community Library Commission. Mr. Bouman reviewed the Scope of Responsibility of the Commission. Mr. Bouman requested that the Council adopt a prepared motion in conjunction with the resolution. This motion would appoint certain individuals to the Commission, including Mr. Hal Kapp as Chairman. April 13, 1978 Page 4 Mayor Pro-Tem McPherson questioned the appointment of a Chairman as it was normally the procedure to allow the individual Commission to select their own. Mr. Bouman advised that this was a specific request of the members of the newly proposed Commission. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-35. Motion carried unanimously with the members present. Councilman Wilson moved and Councilman Brush seconded to adopt the following minute motion: Whereas, Resolution 78-35 establishes the City of Palm Desert Community Library Commission; and Whereas, the City Council is highly appreciative of the years of public-spirited service donated to the citizens by the mem- bers of the former Palm Desert Community Library Association; and Whereas, the members of said former Association had indicated a willingness and desire to continue to serve their community. It is hereby moved that the following appointments to the City of Palm Desert Community Library Commission be affirmed: CHAIRMAN: Hal Kapp MEMBERS: ALTERNATES: Gert Keedy Marge Brown John Anderholt Kermit Martin Adele Ruge North Clarice Cavanaugh Ed Dewey In furtherance, it is moved that Chairman Hal Kapp be appointed as the City's member to the Riverside County Library Advisory Committee for a two-year term commencing July 1, 1978. Motion carried unanimously with the members present. B. RESOLUTION NO. 78-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURES TO BE FOLLOWED WHEN THE PLANNING COMMISSION AND STAFF HAVE DIFFERING OPINIONS REGARDING SPECIFIC PROPOSALS. Mr. Bouman advised that this resolution stemmed from recent joint meetings between the City Council and Planning Commis- sion. The Planning Commission has expressed strong feelings that when their opinion differs from that of staff, that they should be adequately notified and be allowed to select someone from the Commission to present their views to Council. This resolution accomplishes this. Councilman Newbrander moved to waive further reading and adopt Resolution No. 78-36. Councilman Wilson seconded the motion; carried unanimously with the members present. C. RESOLUTION NO. 78-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PRIORITIES LIST OF FUTURE STUDIES FOR THE 1978-80 ADVANCED PLANNING PROGRAM AND DIRECTING STAFF TO DEVELOP A TENTATIVE WORK PROGRAM. Mr. Bouman explained that this resolution was as a result of joint meetings of the Planning Commission and City Council. It will establish a priorities list of future studies for the 1978-80 Advanced Planning Program to be undertaken by the Department of Environmental Services. In addition, the resolution directs Staff to develop a tentative work schedule in conjunction with the priorities listed. Mr. Bouman pointed out that there will be overlapping of projects and some will be going on at the same time. April 13, 1978 Page 5 Mayor Pro-Tem McPherson questioned Staff's ability to under- take a study of the adequacy of the Palm Desert schools, indicating that this was a function of the members of the School Board. Councilman Brush agreed stating that he could not see Staff getting into something that they have no con- trol over. Councilman Wilson disagreed in that it very directly relates to planning and future growth, thus an integral part of the City's overview of exactly where we are going. Council- man Newbrander agreed. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-37. Motion carried unani- mously with the members present. D. RESOLUTION NO. 78-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE PORTOLA AVENUE FROM QUERCUS LANE, WEST UNDER THE PROVISIONS OF PART 3, DIVISION 9, OF STREETS AND HIGHWAYS CODE, AND FIXING TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PROPOSED VACATION. Mr. Bouman stated that this was the initiation of proceedings to vacate property received about two months ago as part of Tract 5565, Ironwood. Part of the hearing to be held on May 11, 1978, will be to determine whether Portola should be public or private. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-38. Motion carried unanimously with the members present. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER D. COUNTY REFERRAL CASE NO. CZ 2162, IRWIN S. SCHUMAN, Applicant: Councilman Brush stated that he had requested discussion on this matter as it has had a long history with the City. It is a 960 unit development which we first learned about through an article in the newspaper. Because of a shortened appeal period, Council directed Staff to attend the hearings then to voice our objections. These objections resulted in an E.I.R. being required. This E.I.R. required 19 adverse impacts.. Since then, the County Planning Commission has made no attempt to mitigate these impacts and has approved it, sending it on for the Board of Supervisors to approve. It is a premature, leapfrog development, and to approve such a project is fiscal irresponsibility at its worst. The City of Palm Desert will pay for it with requirement of such services as street sweeping, fire, emergency services, sanitation, schools, etc. The County Staff, the City of Palm Desert, the City of Indian Wells, and Desert Peoples United have all protested this development. Since this falls within our Sphere of Influence and will probably eventually be a part of our City, he asked if it were not possible to request from the County some type of agreement whereby the City would approve all plans within their Sphere, collect all planning and building fees, and approve all construction. Mr. Williams advised that there could be such an agreement; however, the County most likely would not want it. Mayor Pro-Tempore McPherson added that it was ludicrous to consider any project that has no access roads to it. April 13, 1978 Page 6 Councilman Brush moved to instruct the Staff to request in writing the denial of this project and to attend the Board of Super- visors hearing to request denial of this project. Councilman Wilson seconded the motion; carried unanimously with the members present. Councilman Brush again inquired as to whether or not the Council could not request the County to consider the possibility of entering into an agreement whereby the City could approve all plans within their own Sphere, collect all fees, and conduct all building inspections. Mr. Williams indicated that he had a complete file of information on such agreements and would be most happy to present them to the County for their consideration. Councilman Brush moved to direct the City Staff to formally put in writing the points made at the Council meeting and forward them to the County Board of Supervisors, requesting the Board to place the matter on an Agenda for their consideration. Councilman Wilson seconded the motion; carried unanimously with the members present. XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF STREET LIGHTING DISTRICT For Tract No. 8237. Mr. Beebe reported that this tract is located between Deep Canyon Road and the City's Community Park. It is one of the few and possibly the first subdivisions in the Palm Desert boundaries that has a complete street lighting system being installed. In Staff's opinion, the energy costs for this tract should be borne by the people therein. By the formation of this district, it will enable the cost to be collected on the tax bill by the County for this area. The cost includes the maintenance of these street lights as well as the energy costs. It is recommended that the system not be energized until approximately 50% of the homes are occupied. Dave Erwin pointed out that the date of the hearing noted in the resolution should be May 11, 1978, at 7:00 p.m. Councilman Newbander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-39; motion carried unanimously with the members present. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL of Real Estate Deeds Presented to the City of Palm Desert by Silver Spur Associates, Comprising Acreage on Which the Proposed South Side Fire Station and the Extension of Mesa View Drive. Mr. Williams reported that the deeds and agreement were prepared upon instruction from Council. However, it has been learned that the property is encumbered and cannot be released until July 1st of this year. Therefore, it is Staff's recommendation to continue the matter to the meeting of July 13th and request a title report from Silver Spur Associates. Mr. Bouman pointed out that this delay will not delay the City's investigation of the fire station at all. Councilman Newbrander moved and Councilman Brush seconded to continue the matter to July 13, 1978, and request a title report from Silver Spur Associates. Motion carried unanimously with the members present. B. REQUEST FOR APPROVAL of Agreement Between the City of Palm Desert and Silver Spur Associates Regarding the Extension of Mesa View Drive and the Construction of a Wall Along the East Side of the Proposed Fire Station. Mr. Williams reported that the same legal technicalities April 13, 1978 Page 7 applied to this agreement and request that Council continue the matter. Councilman Wilson moved and Councilman Brush seconded to continue the matter to the meeting of July 13, 1978; carried unanimously with the members present. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 78-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLU- TION NO. 77-149 AND THUS ESTABLISHING A REVISED TABLE OF CLASSIFICATIONS AND POSITIONS AND SALARY RANGES. Mr. Bouman reported that the Staff had been experiencing a problem with a high turn -over in the labor force of the City. Salary study showed that the City of Palm Desert's salary range for a laborer was far below that of other cities in the Valley. This resolution does increase the salary ranges and Street Maintenance Worker I and II. Staff recommended adoption. Councilman Brush moved and Mayor Pro-Tem McPherson seconded to waive further reading and adopt Resolution No. 78-40. Motion carried unanimously with the members present. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Pro-Tem McPherson noted the future meetings on the Agenda. Mr. Williams pointed out three changes in the schedule: April 18, 1978 - There will be no Study Session of the Planning Commission at 5:30 as indicated. April 19, 1978 - Should reflect a meeting at 5:00 p.m. in City Hall Council Chambers of the Ad Hoc Sign Committee. AVI. ADJOURNMENT Councilman Brush moved and Councilman ilson seconded to adjourn the meeting. Motion carried unanimo ly with the members present. Mayor Pro-Tem McPherson adjourned the meeting at 9:10 p.m. ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California JAM S E. McPHSON, Mayor Pro-Tem April 13, 1978 Page 8