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HomeMy WebLinkAbout1978-04-27MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 27, 1978 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:06 p.m. by Mayor Mullins 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 Jeff Patterson, Deputy 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. APPOINTMENT OF PLANNING COMMISSIONER To Fill the Unexpired Term of F. Charles Reading, Resigned. Mayor Mullins advised that this matter would be continued to the regular meeting of the City Council on May 11, 1978, to allow Council to interview candidates for the position on May 2, 1978, at 5:00 p.m. VI. CONSENT CALENDAR A. MINUTES of the April 13, 1978, Regular Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-095 and 78-101. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR THE MONTH OF MARCH, 1978. Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Diane Dunham & Gary Alan LOHMAN for the SANDWICHBOARD, 73-241 Highway 111, Suite 4B, Palm Desert, California. Rec: Approve as presented. April 27, 1978 Page 1 E. REQUEST FOR REFUND From Mrs. Mary R. Stokes on Behalf of the Sheltered Care Foundation in the Amount of $10.00. Rec: Approve the request and authorize the refund from Account No. 11-3700-000. F. LETTER from Mr. Donald L. Balch Commending the Palm Desert Building Department. Rec: Receive and file. Councilman Brush moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. TT 5553, SILVER SPUR ASSOCIATES, Applicant: Con- sideration of a Request for Approval of the Tentative Tract Map to Create 71 Single -Family Residential Lots Ranging in Size from Approximately 10,000 Sq. Ft. to 30,000 Sq. Ft. from a Parcel Approximately 27.5 Acres in Size Located Within the PR-7 (Planned Residential, Maximum 7 du/acre) Zone at Ironwood Country Club. Mayor Mullins declared the Public Hearing open and asked for Staff's input. Mr. Willimas reported that due to the fact that this is a departure from the previous subdivisons in Ironwood, Staff supports the request for continuance to May 11, 1978, to allow additional time to work out any problems they may have. Councilman Brush moved and Councilman McPherson seconded to continue the Public Hearing to the meeting of May 11, 1978. Motion carried unanimously. B. CASE NO. TT 55642 SILVERSPUR ASSOCIATES, Applicant: Con- sideration of a Request for Approval of a Tentative Tract Map to Create 19 Single -Family Residential Lots on Approxi- mately 16.1 Acres Within the PR-7 (Planned Residential, Maximum 7 du/acre) Zone at Ironwood Country Club. Mayor Mullins declared the Public Hearing open and asked Staff for input. Mr. Williams reviewed the Staff report, stating that Ironwood is in compliance with all standards and Staff recommended approval of the Tentative Tract Map. Councilman Brash asked about Special Condition #7 which states that there will be no building permits issued until the proposed Fire Station is fully operative. He felt that this was not quite fair in that the City cannot guarantee a Fire Station tomorrow or for five years from now. Mayor Mullins invited input in FAVORof the project. MR. LARRY SPICER, President, Ironwood Country Club, addressed Council indicating that all conditions were acceptable to them with the exception of Special Condition No. 7, which, from their point of view, would be onerous. He stated that this condition could penalize them by delaying construction due to problems beyond their control. Councilman Newbrander stated that the Council's concern was in knowing that the land would be made available for a Fire Station; however, it is now the City's responsibility to obtain the money for construction. Councilman McPherson stated that he appreciated the planning and need for a Fire Station, but would this place an encum- berance upon the City to find the money in the next year's budget? April 27, 1978 Page 2 Mr. Bouman responded that Bud Engle, Fire Marshal, had made suggestions as to the design and costs of the Fire Station, and Staff had a pretty firm grip on what the budget appro- priations would be. He also stated that he had received a letter on April 27th from David Flake, County Fire Warden, giving more details on specifications which seem to conform to those recommended by Bud Engle. The City is ready to move ahead with Capital Improvement Budget appropriations for the Fire Station. Councilman Wilson stated that it would be most desirable to move toward construction planning this year so that when the money is available, we can proceed with the construction. Mr. Bouman responded that he would be coming to Council with a budget adjustment either next meeting or the following one, and he was confident it would not put the City in a deficit position. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Councilman McPherson seconded to adopt Resolution No. 78-42 with the deletion of Special Condition #7. Motion carried unanimously. C. CASE NO. VAR 03-781 DAVID FULLER, Applicant: Consideration of an Appeal of Planning Commission Resolution No. 347 Which Denied a Request for Approval of a Variance from the Require- ments of the Palm Desert Municipal Code Regarding the Size and Height of Signs in Residential Zones Other Than Single Family, Pursuant to the Procedures Established for the Granting of Exceptions in Sec. 25.68.730 of the Municipal Code. Mr. Williams reviewed the Staff report pointing out the exhibits filed by the applicant to justify the keeping of his sign for the Siebu Garden Apartments.He also presented a letter from a resident of the apartments in favor of the sign and a letter from an adjacent property owner who opposed the sign. Mr. Williams stated that the Planning Commission, in their review of the request, found that the requirements for a variance could not be met in this instance, and there- fore denied the requested variance. Mr. Williams stated that it was Staff's recommendation that the City Council uphold the findings of the Planning Commission and deny the appeal. Mayor Mullins declared the Public Hearing open and requested input in FAVOR of the appeal. MR. DAVID FULLER, 44-695 San Carlos, Palm Desert, addressed Council as owner of the Siebu apartments and the appellant. He questioned why Palm Desert's Ad Hoc Sign Committee did not take into consideration the Ipso Facto Law which declares it unconstitutional to enact a new law after the fact. Mayor Mullins asked the Deputy City Attorney to reply. Mr. Patterson advised that the City does have the authority to enact this law. Ipso Facto Law applies to Criminals, and this is a Civil case; it would not apply to this case. Mr. Williams reviewed the City's regulations relative to signs, pointing out that all sides had been considered by the Ad Hoc Sign Committee. Mr. Fuller continued his appeal by pointing out why he felt the changes being required would be detrimental to his busi- ness, including the fact that he depended upon his sign being visible from Highway 111 to attract business. He also stated that the sign's decorum was that of the entire complex, and the sign was designed with an oriental motif to compliment the apartments. MR. ROMEA POLUQI, 73-340 Highway 111, Palm Desert, addressed Council in favor of the appeal and stating that he would be appealing his own case in the very near future. He pointed out that the north side of Highway 111 was 3-1/2' lower than April 27, 1978 Page 3 the south side and signs needed to be higher to be seen. He also stressed the importance of visibility from Highway 111 for business attraction. Mayor Mullins asked for input in OPPOSITION to the appeal, and none was offered. He declared the Public Hearing closed. Councilman Wilson stated that he felt making one exception would obligate the Council to continue making exceptions. The City must hold firm; we do have an appeals committee, and it is their purpose to recommend rather than create variances. Councilman Newbrander questioned the point of visibility from Highway 111 in that motorists traveling at 45 mph would not see the sign anyway. Councilman Wilson added that there are vacant lots around the apartments now, but that with the development going on, that would probably not be the case for long. Councilman McPherson stated that Mr. Poluqi had stated that the Council had had their minds made up in passing the sign ordinance. That was not the case. The City Council went through numerous public hearings with the sign ordinance, as did the Planning Commission, and hundreds of changes were made as a result of these hearings. He agreed that motorists would not see the sign while driving at 45 mph down Highway 111, stating also that most apartments do not rely on signs but rather have just street addresses. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-43, upholding the findings of the Planning Commission and denying the appeal. Motion carried unanimously. D. CASE NO. TT 5565, SILVER SPUR ASSOCIATES, Applicant: Con- sideration of a Request to Amend Various Conditions of Approval for Case No. TT 5565. Mayor Mullins declared the Public Hearing open. Mr. Williams reviewed the Staff Report indicating that this was a request for consideration of amendments for conditions imposed on TT 5565. However, the Council will be considering the status of Portola Avenue in the near future, and this will have a bearing on the request in front of Council. Therefore, Staff was recommending that Council continue the matter to July 13, 1978, and adoption of a resolution to initiate a General Plan Amendment rela- tive to the status of Portola Avenue. Councilman Brush moved and Councilman Newbrander seconded to continue the Public Hearing to the meeting of July 13, 1978; motion carried unanimously. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-55, initiating a General Plan Amendment to reduce the status of a portion of Portola Avenue to a local street and refer the matter to the Planning Commis- sion for a recommendation. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 78-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1977/78 BUDGET TO PROVIDE AN APPROPRIATION FOR PAYMENT OF THE COSTS OF RELOCATING GAS TRANSMISSION FACILITIES IN SAN LUIS REY AND CATALINA WAY. Mr. Bouman explained that this was a late billing to the City. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-46; motion carried unanimously. April 27, 1978 Page 4 B. RESOLUTION NO. 78-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ADVANCE TO CITY FUNDS TO ACCOMPLISH THE UNDERGROUNDING OF UTILITY SERVICES IN UNDERGROUND UTILITY DISTRICT NO. 6. Mr. Bouman stated that this resolution would enable the City to order the work on the underground district to be done. However, all but about $18,000 would be repaid to the City. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-47. Motion carried unanimously. C. RESOLUTION NO. 78-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE PURCHASE OF SEVEN (7) LOTS ADJACENT TO MONTEREY AVENUE. Mr. Bouman reported that this resolution authorized Staff to proceed with negotiations for the purchase of seven lots adjacent to Monterey Avenue at an estimated price of $50,000. All of this will be accomplished as Monterey Avenue becomes an arterial roadway, intersecting Highway 111 to Interstate 10. In response to Mayor Mullins' question, Mr. Bouman advised that Monterey would become a 4-lane road with a median divider. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-48; motion carried unanimously. D. RESOLUTION NO. 78-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A CERTAIN SPEED ZONE ON FAIRWAY DRIVE AND ERECTION OF STOP SIGNS ALONG SAN ANSELMO AVENUE IN THE CITY OF PALM DESERT. Mr. Clyde Beebe reported that the Traffic Committee had instituted a traffic survey on Fairway Drive which showed the average speed to be 31.5 mph. It was subsequently recommended by the Committee that this section be posted for 35 mph, which is a 5 mph reduction from the existing speed. This limit can be further reduced; however, it would have to be reduced in multiples of 5 only with a traffic sur- vey taken each time. Councilman Wilson inquired as to any limitations on how often surveys can be made. Mr. Beebe responded that there were no limitations. Mr. Beebe also reported that the Traffic Committee recommended that stop signs be placed on Guadalupe, Catalina, San Nicholas, and Santa Rosa Way at San Anselmo Avenue. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-49; motion carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 184 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED, "UNIFORM BUILDING CODE, 1976 EDITION", "UNIFORM BUILDING CODE STANDARDS, 1976 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED AS PROMULGATED AND PUB- LISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. Councilman McPherson moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 184 to second reading. Motion carried unanimously. April 27, 1978 Page 5 B. ORDINANCE NO. 185 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE AND ESTABLISHING AND DESIGNATING CHAPTER 20 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT UNIFORM SIGN CODE" WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED, "UNIFORM SIGN CODE, 1976 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. Councilman McPherson asked for clarification of this ordinance. Mr. Bouman explained that this applied to structural, safety, security, etc. qualifications relative to signs. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 185 to second reading. Motion carried unanimously. XII. NEW BUSINESS A. CONSIDERATION OF RECOMMENDATIONS From the Ad Hoc Sign Amorti- zation Committee Regarding Sign Appeal From: Mr. Williams reviewed the recommendations of the Committee on the STandard Station and Cinemart, which were for exten- sions of the amortization period. He further reviewed the fact that the Red Barn and Airlansea were continued to the next meeting of the Ad Hoc Sign Committee meeting. Finally, he pointed out a letter from Union 76 requesting continuance of their request to the meeting of May 11, 1978. He recom- mended that the Council, by Resolution No. 78-45, uphold the findings of the Committee, except for Union 76 which should be continued to the meeting of May 11, 1978. He then provided the Council with a revised copy of Resolution No. 78-45, reflecting those changes. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-45, as revised. Motion carried unanimously. B. REQUEST FOR APPROVAL of Cooperative Agreement Between the City of Palm Desert and the State of California for the Proposed Widening of Route 74. Mr. Bouman reported that Highway 74 is proposed to be widened from Haystack Road to El Paseo. This will create a 4-lane highway with left-hand turn pockets. The City's estimated cost would be no more than $30,000, which is proposed for the 1978-79 budget. He also noted a correction in the agreement - the access road should be Bursera, not Grapevine. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-50, approving the contract and authorizing the Mayor and City Clerk to execute. Motion carried unanimously. C. REQUEST FOR APPROVAL of Contract No. 1017 with Massey Sand and Rock Company for the Resurfacing of Various Streets. Mr. Beebe reported that Massey Sand & Rock Company had submitted the lowest bid on this project, and Staff was satisfied that they would do a good job. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-51, approving the contract and authorizing the Mayor and City Clerk to execute; carried unanimously. April 27, 1978 Page 6 XIII. OLD BUSINESS A. CONSIDERATION OF AN AGREEMENT Between the City of Palm Desert and Silver Spur Associates Establishing the Trans- fer of a Park Site to the City in Order to Comply with Section 26.15 of the Subdivision Ordinance for Total Ironwood Holdings. Mr. Williams requested the Council grant the Staff an additional 30 days to complete appropriate negotiations with the developer as the developer had been unavailable for the last 30-day period. These negotiations will be finalized and presented to Council in 30 days. Councilman Brush moved and Councilman Wilson seconded to grant the Staff an additional 30 days; motion carried unanimously. B. REQUEST FOR ACCEPTANCE of Drainage Easement for Tract No. 9129, Marrakesh Country Club. Councilman McPherson moved and Councilman Newbrander seconded to defer action on this request until all exhibits are presented. Motion carried unanimously. C. REQUEST FOR APPROVAL of Agreement between the City of Palm Desert and Charles Haver & Associates for Engineering Services on the Monterey Avenue Improvement Project. Mr. Beebe stated that Mr. Haver had submitted the lowest proportionate bid on the project. He also stated that Staff was satisfied that he could do a good job. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-53, approving the Agreement. Motion carried unanimously. D. REQUEST FOR APPROVAL of Final Tract Map.9377-2, Sommerset Homes, Applicant: Mr. Beebe asked for Council's approval of this Final Tract Map as the applicant has complied with all requirements. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-54, approving the final Tract Map for Tract No. 9377-2; carried unanimously. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman stated that he had received good news from the State Insurance Office. The State had done a survey on the City of Palm Desert's Fire Prevention activities, and the City's rating dropped from 8 to 6, which would be an indication that there would be a 13 to 24% reduction in fire insurance premiums. He commented that the City could thank Bud Engle, Fire Marshal, for that as he has corrected many, many deficiencies in the City. Mr. Bouman announced that the Planning Commission applicants will be interviewed on Tuesday, May 2, 1978, at 5:00 p.m., in City Council Chambers. B. CITY ATTORNEY None April 27, 1978 Page 7 C. MAYOR AND MEMBERS OF THE CITY COUNCIL None XVI. ADJOURNMENT Councilman Brush moved and Councilman McPherson seconded to adjourn the meeting; carried unanimously. Mayor Mullins adjourned the meeting at 8:33 p.m. (/-i; ,--7/' , ' ; -c k 1l, �Y5 "!VIuLLINS ,' MAYOR ATTEST: DEL CLAUSSEN, Deputy City Clerk City of Palm Desert, California /s April 27, 1978 Page 8