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HomeMy WebLinkAbout1978-06-08MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 8, 1978 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the City Council to order at 7:10 p.m. on Thursday, June 8, 1978, 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 Bouman, City Manager Dave Erwin, City Attorney Paul Williams, Director of Environmental Services Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Mullins read a Proclamation expressing the City's apprecia- tion for the outstanding service and performance extended by Fire Marshal Bud Engel. Mr. Engel was present to accept the Proclama- (66) tion, and he extended his gratitude to the City. Mayor Mullins introduced Chief Gene Bach and our new Fire Marshal, Dave Ortegel, who were also present. A. APPOINTMENT OF MEMBER TO HISTORICAL COMMITTEE To Replace Mrs. Lela Thompson, Resigned. Mayor Mullins moved and Councilman Brush seconded to appoint (23) Mrs. Jeannette Constantino to the Committee; carried unani- mously. Mayor Mullins pointed out that Mrs. Constantino would serve as Secretary to the Committee. B. APPOINTMENT OF PLANNING COMMISSIONER To Fill the Unexpired Term of F. Charles Reading, Resigned. Mayor Mullins moved and Councilman McPherson seconded to appoint Mr. Steve Fleshman to -the Planning Commission to (23) fill the term which expires in September, 1978. Motion carried on a 4-1 vote, with Councilman Newbrander voting NOE. Mayor Mullins stated that he felt Mr. Fleshman was very well qualified, that he had once served on the City's Planning Staff, and is now in private business in the City. C. APPOINTMENT OF MEMBER TO DESIGN REVIEW BOARD To Replace Mr. George Minturn, Resigned. Mayor Mullins noted that this appointment would be continued to allow Council more time to review applications. Council- (23) man Brush asked the press to advise the public of the vacancy, and anyone with preferably an engineering background would be considered. Councilman Newbrander noted that design back- ground would also be of great value. June 8, 1978 Page 1 VI. CONSENT CALENDAR A. MINUTES of the May 25, 1978, Regular Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-103 and 78-113. Rec: Approve as presented. C. LETTER OF APPRECIATION From the Children and Staff of The George Washington School. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Marrakesh Golf (27) Club, Nelson Mills, President, 47001 Portola Avenue, Palm Desert, California. Rec: Approve as presented. E. COMPLAINT From Mrs. Leigh Williams, 73-726 Sun Lane, Palm (67) Desert, California, Relative to a Storage Shed Located at 47-839 Sun Corral, Palm Desert, California. Rec: Refer to Staff for study and recommendation. Mrs. Leigh Williams requested that Item E be removed for dis- cussion under Section X, Consent Items Held Over, of the Agenda. Councilman Wilson moved and Councilman Newbrander seconded to approve the Consent Calendar with the exception of Item E. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. TT 12450, DANIEL RUSSIE, APPLICANT: Consideration of a Request for Approval of a Tentative Tract Map to Con- solidate 15 Existing Lots to Create 4 Lots to Provide for (86) 21 Condominium Units and Common Open Space on Property Generally Located East of Deep Canyon, Between Sage Brush Drive and Driftwood Drive. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams reviewed the Staff Report for Council indicating that the Planning Commission, in their review of the project, had found it in conformance with the Subdivision Ordinance, the General Plan, and the State Map Act. It will be well below the allowed density, and it is a suitable development for the property. By their Resolution No. 354, they did recommend approval, subject to a number of conditions including undergrounding of utilities. Staff also recom- mends approval by Council. Resolution No. 78-70. Councilman Newbrander inquired as to the number of pools to be located in the project, and Mr. Williams advised there would be 3. Councilman Newbrander expressed her strong concern for the area's water supply. She said that every time the City got a request for a new tract approval, the Water District sent us a beautiful form letter expressing their approval. However, she was experiencing water pressure problems in her neighborhood, and had been advised of similar problems in other neighbor- hoods, and the Water District always explained them away by stating that there existed so much new development that it was only natural that the pressure would be down. Mayor Mullins invited input in FAVOR of the project. MR. CHARLES ROOT, 73-225 Bursera, Palm Desert, addressed Council as the builder of the development and in agreement June 8, 1978 Page 2 with the proposed conditions. In response to Councilman Newbrander's concern about water shortage, Mr. Root advised that he has built many houses in the area, most of which have a pool. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman Wilson asked Staff, in response to Councilman Newbrander's concern over the water shortage, to forward it to the Planning Commission for review and comment. Mayor Mullins pointed out that the Commission had done this in the recent past; in fact, Mr. Lowell Weeks of the Water District had talked at a Commission meeting and stated there was no shortage and would not be for at least 200 years. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-70. Motion carried on the following vote: AYES: NOES: ABSENT: ABSTAIN: VIII. RESOLUTIONS Brush, McPherson, Wilson & Mullins Newbrander None None A. RESOLUTION NO. 78-71 - A RESOLUTION OF THE CITY COUNCIL OF (84) THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING THE DEDICA- TION OF A PORTION OF LAND LYING ADJACENT TO 42ND AVENUE. Mr. Beebe reported that the owner of the property is building a mini -warehouse adjacent to Cook Street on the westerly side and above the Whitewater Channel in the Industrial Zone. When the Development Plan was approved, there were two con- ditions, one of which required the dedication of the right- of-way on Avenue 42 which is 700' long. Staff is recom- mending approval of the proposed resolution which accepts this dedication and authorizes the City Clerk to record. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-71. Motion carried unanimously. (41) B. RESOLUTION NO. 78-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR THE 1977/78 FISCAL YEAR. Mr. Bouman stated that this was expected to be the final budgetary housekeeping item for the current fiscal year, and each year, there is a need to come to Council mid June for some adjustments. There are no increases, just transfers to cover areas where we did not estimate right. The major increased appropriation is for insurance as once again, our insurance costs have increased astronomi- cally. Even though we budgeted a substantial increase for this year, we are audited during the year and are now required to pay an additional balance of in excess of $9,000. He reviewed the other transfers. Councilman Wilson asked if there had been any word as yet relative to the research on a self-insurance program. Mr. Bouman responded that he had been in touch recently with Don Blubaugh, City Manager of Palm Springs, who had advised that the investigation had proven the program would not be advantageous for Palm Springs. However, because we are a smaller city, like Rancho Mirage, Coachella, and Indian Wells, it still might prove worthwhile for us to band together in such a program. The consultant will be in touch with us within the next week or so with exact figures and recommendation. June 8, 1978 Page 3 Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-72. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 186 - AN ORDINANCE OF THE CITY OF PALM DESERT, (55) CALIFORNIA, AMENDING CHAPTER 3.16 OF THE CODE OF THE CITY (87) OF PALM DESERT, CALIFORNIA, RELATING TO NEW CONSTRUCTION TAX (SERVICE INDUSTRIAL, AND INDUSTRIAL PARK ZONES). Mr. Bouman stated that this was the second reading of the ordinance, and there had been no input since the first reading. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 186. Motion carried unanimously. X. CONSENT ITEMS HELD OVER E. COMPLAINT From Mrs. Leigh Williams, 73-726 Sun Lane, Palm (67) Desert, California, Relative to a Storage Shed Located at 47-839 Sun Corral, Palm Desert, California. Mrs. Williams addressed Council, reading a prepared statement (attached and made a part of these minutes as Exhibit "A"). She requested the City's adoption of ordinances which would prevent residents from placing outhouse -shed type structures of any type on their property. MR. T. C. CHAPMAN, 74-839 Sun Corral, addressed Council stating that the out -house shed that was described had been approved by the City's Department of Building & Safety as well as the Department of Environmental Services. He pointed out that he had begun constructing the shed on a cement slab, as desired by Mrs. Williams, but that the Building Department had stopped him and had him place it on a wooden base. He said that he had also moved it 4-5' away from Mrs. Williams' property line. He concluded by apologizing to the Council for the petty issue that had been brought before them. Councilman Newbrander moved and Councilman McPherson seconded to refer the matter to Staff for study and recommendation; carried unanimously. XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS A. CONSIDERATION OF RECOMMENDATION From the Ad Hoc Sign (96) Amortization Committee Regarding Sign Appeal from AIRLANSEA TRAVEL, 45-104 Larkspur, Palm Desert, California. Mr. Williams stated that, in response to an appeal filed by Mr. Herb Powers, the Ad Hoc Sign Committee did review a request to allow Airlansea's sign to remain until 1982. Under the amortization program of the City, the signs were June 8, 1978 Page 4 required to be removed in March of 1978. The basis for the request for extension was that the business was bought in 1972, with a cost of $13,700 for the sign (not the $4,000 figure considered by the City). This information was sup- ported by a letter from Mr. Powers. The City's ordinance does not permit, nor did the City seem inclined to grant a request to 1982. However, the appellant now is a new owner, and because there have been two owners and because of some unique costs involved in removing the signs, the Committee did consider allowing the extension to 1980. In their review, the Committee considered the amortization of the signs from 1968, with an original cost of $13,700, giving the signs a value now of $1,380. There was a great deal of discussion about when the sign was installed, but the sign company came forth and verified that it was installed in 1968. Because of the current amortized value of the sign, the Committee is recommending that the Council extend the amortization period from March, 1978, to March, 1980. Staff recommends that Council uphold the Committee's recommendation by Council Resolution No. 78-73. Councilman Newbrander moved and Councilman McPherson seconded to uphold the findings of the Committee by Resolution No. 78-73. Motion carried unanimously. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman advised that the Director of Public Works had been working with the Director from the C.V. Recreation and Parks District relative to needed improvements in the Community Park. These improvements are a water line and (57) a pressure tank. The City feels that it is our responsi- bility in that the School District does provide the water. It is necessary then for the City to spend about $2,000 to bring a pressure tank from indio and have it installed. The transfer of this money can be accomplished by minute motion. Councilman Brush moved and Councilman McPherson seconded to transfer funds in the amount of $2,000 from Account No. 31-4990-802, New Construction Tax Fund, and create a new account for the purpose of construction the water line and installing the pressure tank at the Community Park. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman McPherson asked the Fire Marshal how long a property owner had to abate property after being notified. Mr. Ortegel responded that it was 20 days from the date of the first notice. However, if there are mitigating circum- stances, an extention of 10 days may be granted. After the second notice is mailed, an additional 10 days are granted. However, after that procedure is followed, it is turned over to the District Attorney for action. Councilman McPherson noted that there was some property on Avenue 44 that was covered with dry weeds. Mr. Ortegel advised he was aware of this; however, it looked like it might be in the City's right-of-way and thus the City will have to clean it. June 8, 1978 Page 5 Mr. Bouman added that a new letter had been written which would be sent to owners with an abatement problem. This letter encourages them t.o remove only the dry vegetation which would constitute a fire hazard and not green growth which enhances the beauty of the desert. The City is also discouraging scraping and discing, all of which should help solve the dust problem. Councilman Wilson stated that one item under consideration by the School Board was the sale of the High School site in Palm Desert. He asked about the status of the Ad Hoc Citizens Committee that was to review this. Councilman McPherson advised that he had not completed his invdstiga- tion and would report at the next meeting. Mayor Mullins asked that everyone note the following corrections to the Future Meetings List: June 13, 1978 5:00 p.m. Study Session of Park & Recreation Commission & City Council. City Hall Administrative Offices June 15, 1978 5:00 p.m. City Council Study Session City Hall Administrative Offices June 16, 1978 8:30 a.m. Joint Study Session of Planning Commission & City Council/Bus Tour. City Hall Council Chambers XVI. ADJOURNMENT Councilman Wilson moved and Councilman McPherson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:03 p.m. 6-2 ilrAib'b: IiLLIN , MAYOR ATTEST: SHEILA R. G LLIGAN, ITT CLERK June 8, 1978 Page 6 EXHIBIT "A" June 8, 1978 To the City Council Palm Desert, California It appears that the city of Palm Desert doesn't have a suitable controlling ordinance or code to prevent residents of Palm Desert from putting outhouse -shed type struttures of any SIZE, STYLE, or HEIGHT, or IN ANY CONDITION, on the FRONT, BACK, or SIDE of property which they occupy, and as close to the property line as possible . or in fact ANYWHERE ON THE PROPERTY which the resident sees fit to. Apparently this can be done by not using a cement foundation, even though a flooring is put in it, and it can be set up on cement blocks, or large boards, and used and maintained on a permanent basis, while calling it a temporary structure. In my opinion this is a dangerous potential for ugliness and unsightliness in our neighborhoods. So, regarding my previous requests to the city, I ask that a suitable ordinance and/or code be adopted to take care of this situation. I also ask for relief from the shed, trash, garbage, debris, etc. which has been placed practically in my front yard by the neighbor who refuses to be considerate or cooperative. Photographs have been furnished to you showing how these items can be viewed. It could be that the uncontrolled placement of outhouse -sheds would escalate the placing of such debris around or nearby such outhouse -sheds among other Palm Desert residents. The neighbors of whom I speak do have at least two other places in their back yard where this structure would not be viewable to other neighbors, and the amount of it showing in their own sight would be greatly less than where they now have it in the sight of the neighborhood and my front yard. Perhaps a permit for the placing of outhouse -sheds could be required. specifying the city would have the right to pass on the aesthetic values of its placement to a neighbor or the neighborhood. Leigh Williams 73-726 Sun Lane Palm Desert, Californias June 8, 1978 Page 7