Loading...
HomeMy WebLinkAbout1978-03-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 23, 1978 CITY HALL COUNCIL CHAMBERS 7:00 P. M. I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the City Council to order at 7:12 p.m. on Thursday, March 23, 1978, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Brush Councilman McPherson Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CREATION OF AND APPOINTMENTS TO THE AD HOC SIGN AMORTIZATION COMMITTEE. Mayor Mullins reported that the Council had selected five individuals to serve on the Ad Hoc Sign Amortization Committee. These people are Kermit Martin, Al Stutz, Elmer Huling, Jim Richards, and Eve Owenby, and at the pleasure of the Council, their names should be included in the proposed Resolution establishing the Committee. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-29, to include the names as listed by the Mayor. Motion carried unanimously. B. OFFICIAL APPOINTMENT OF JAMES E. McPHERSON AS REPRESENTATIVE TO THE EXECUTIVE BOARD OF.SUNLINE TRANSIT AGENCY AND APPOINT- MENT OF ALTERNATE. Mayor Mullins officially appointed Councilman Jim McPherson as the City's representative to the Executive Board of Sunline. Councilman McPherson stated that he would like to suggest Councilman Roy Wilson as his alternate to that position. Councilman Newbrander moved and Councilman Brush seconded to appoint Councilman Wilson as alternate representative to the Executive Board of Sunline Transit Agency. Motion carried unanimously. March 23, 1978 Page 1 VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of March 9, 1978. Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of the City Council of March 14, 1978. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-083, 78-084, 78-085, and 78-091. Rec: Approve as presented. D. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF FEBRUARY, 1978. Rec: Approve as presented. E. LETTER OF INSTRUCTION TO THE CITY CLERK FROM THE CITY ATTORNEY Relative to the Taping of Council and Planning Commission Meetings. Rec: Concur with the City Attorney and adopt as policy. F. LETTER OF APPRECIATION From the Palm Desert Girl Scouts. Rec: Receive and file. G. LETTER FROM THE CITY OF HAWAIIAN GARDENS Relative To Their Resolution No. 21-78, Supporting and Endorsing Assembly Bill No. 224, Relative to Consolidation of School District, Com- munity College District and Municipal Elections. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Andrea & Carl J. Vetrano for VETRANO'S DELI, 74-063 Highway 111, Palm Desert. Rec: Receive and file. I. REQUEST FOR APPROVAL Of Release of Improvement Bonds for Tract No. 4489, Morgan-Mitsibishi Development. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. J. REQUEST FOR APPROVAL OF Release of Improvement Bonds for Tract No. 5404, Marrakesh Development. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. K. REQUEST FOR APPROVAL of Release of Improvement Bonds for Tract No. 6229-3, Marrakesh Development. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. L. REQUEST FOR APPROVAL Of Release of Improvement Bonds for Tract No. 4890, The Holstein Company. Rec: Accept the work as complete and authorize the City Clerk to release the bonds. Councilman Wilson requested that Item "E" be held for discussion under Section X, Consent Items Held Over, on the Agenda. Councilman McPherson moved and Councilman Newbrander seconded to approve the Consent Calendar with the exception of Item "E". Motion carried unanimously. March 23, 1978 Page 2 VII. PUBLIC HEARINGS A. CASE NO. TT 12050, LINSCO AGENCIES, LTD., Applicant: Con- sideration of a Tentative Tract Map To Create 12 Residential Lots and 1 Common Lot on Approximately 1.39 Acres Within the R-3 20,000 (3), S.P. (Multi -Family Residential, 20,000 Sq. Ft. Minimum Lot Size, 3,000 Sq. Ft. Minimum Lot Area/du, Scenic Preservation Overlay) Zone Generally Located on the East Side of Ocotillo, South of Tumbleweed. Mayor Mullins declared the Public Hearing open and asked Staff for their report. Mr. Williams reviewed the Staff report, pointing out that the Planning Commission had felt the development does conform with the CUP and they did recommend approval. Mr. Williams stated that Special Condition No. 1 of Resolution No. 78-30 required the applicant to install curbs, gutters, tie-in paving and sidewalks along the full frontage of the property on Ocotillo. The Design Review Board had wrestled with the question of sidewalks and concluded that a meandering sidewalk on the subject property would be an acceptable alternative to a regular sidewalk; however, the Director of Public Works believes that it is imperative sidewalks be installed within the multi -family residential neighborhoods at time of new con- struction. The Commission concurred. Staff recommended approval. Mayor Mullins invited input in FAVOR of the project and none was offered. Mayor Mullins invited input in OPPOSITION to the project and none was offered. He declared the Public Hearing closed. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-30. Motion carried unani- mously. B. CASE NO. TT 9396, PRELUDE DEVELOPMENT COMPANY, Applicant: Consideration of a Request for an 18-Month Time Extension Pursuant to the Provisions of Section 26.20.140 of the Palm Desert Municipal Code of the Approved Tentative Tract Map TT 9396. Mayor Mullins declared the Public Hearing open and asked for the Staff's report. Mr. Williams stated that the Tract Map was due to expire on April 14, 1978, and the applicant was requesting an 18 month extension. He reported the the extension of time will not in any way affect the public health, safety, or general welfare, and the applicant is not proposing any changes to the project. Councilman Newbrander inquired as to why the extension was necessary. Mr. Williams replied that there had been a problem regarding water that had to be resolved, some financing changes, bonding, etc. It also took three months to get through the Design Review Board process. Mayor Mullins invited input in FAVOR of the extension. MR. BOB SINGER, Prelude Development Company, addressed the Council stating that their problems had been resolved and they would be under way before the end of the year. Mayor Mullins invited input in OPPOSITION to the extension, and none was offered. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-31, approving the 18-month time extension. Motion carried unanimously. March 23, 1978 Page 3 Councilman Brush stated that he did not remember changing the code to allow 18-month extensions rather than the previously permitted 12-month extensions. Mr. Williams advised that this change had been made as a part of the Subdivision Ordinance adoption. He advised Councilman Brush that he would look into the reasoning for the change and advise Council. VIII. RESOLUTIONS A. RESOLUTION NO. 78-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLUTION NO. 77-7, AND PROVIDING FOR REVISED CITY GUIDELINES FOR THE IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Mr. Williams reported that in February, 1978, the City was notified by the State that they had changed the ground rules for the implementation of Environmental Impact Reports, and therefore, by this resolution, the City was updating its requirements. Mr. Williams reviewed the changes with the Council, pointing out that the requirements were much more than they had been previously. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-32. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 182 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CONTIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939, WHICH PROCEEDINGS ARE DESIGNATED AS ANNEXATION NO. 4. Mr. Bouman reported that this would be Council's final act on what has become known as Desert Squire Annexation. This is the second and final reading of the ordinance, and since the first reading, there has been no further input. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 182. Motion carried unanimously. X. CONSENT ITEMS HELD OVER E. LETTER OF INSTRUCTION TO THE CITY CLERK FROM THE CITY ATTORNEY Relative to the Taping of Council and Planning Commission Meetings. Councilman Wilson stated that this issue had been discussed at some length in Study. Session, and he would like to make one point. It may seem to some a small, insignificant item, but to others, it is a major philosophical point, and that is the press and public in this Country have been battling .v; for years for access to public information, and we have laws in California - the Milias Myers Brown Act, the California Records Act, and a number of other laws - that have taken a lot of time to develop to insure the public has access to this information. He stated he would hate to see Council put restrictions in the way of the press, which is the representative of the public, in getting information about public hearings, public information, etc. He stated that he would like to see Council not concur with the City Attorney's recommendation, but rather instruct the City Clerk to make the tapes available upon request to members of the public and press, if so desired. He stated that he would like that in the form of a motion, amended to include that the tapes be held for a period of at least one year. He further amended the motion to include that the tapes would be available during normal working hours. March 23, 1978 Page 4 Councilman Brush stated that he would second the motion if the portion about keeping the tapes for a period of one year were deleted in that he did not agree it was necessary to hold them for that period of time. Councilman Newbrander pointed out that from the discussion, people may interpret that Council is trying to keep these tapes from the public. They are not. These meetings are taped by the Secretary so that she may check her own records and there was no thought of keeping them from the press or the public or anyone else. If the Secretary has to control the tapes and is responsible for it so that she can use them, it takes quite a bit of her time which she should be devoting to her regular work. The press can tape any portion of the meeting they desire. Councilman Brush pointed out that law does not require a city to tape the meetings. Mayor Mullins agreed and stated that it was done as assistance for the clerk. Mrs. Gilligan responded that the tapes are utilized usually to clarify any questions in the minutes or to double-check corrections made to the minutes. Mayor Mullins then asked Mr. Erwin how a question would be resolved if there were no tape. Mr. Erwin resporded that the Clerk would rely only on her notes, and any questions or corrections would have to be resolved during the approval of the minutes at the next meeting. Councilman McPherson to the City Clerk in mendation but rather asked Mr. Erwin to clarify his letter that he did not interpret it as a recom- an instruction. Mr. Erwin replie3 that this was his feeling on the taping of the meetings (as outlined in his letter). That is why they were started in the first instance. The tapings are utilized for the purpose of providing the City Clerk with assistance in preparation of the minutes, mostly as a cross check. Council has not adopted as a policy the fact that the meetings will be taped and these tapes will be available to the public. The Code does provide that there will be a taping of the meeting, and it will be a stenographic aid. That is my feeling, and it was my instruction to the City Clerk. Council has every right to change this policy. After further discussion, Mayor Mullins asked the Clerk to read the motion, as amended: Councilman Wilson moved and Councilman Brush seconded to instruct the City Clerk to make the tapes available upon request to members of the public and press, during normal working hours. Motion carried on the following vote: XI. XII. AYES: NOES: ABSENT: ABSTAIN: Brush, McPherson, Wilson Newbrander & Mullins None None CONTINUING BUSINESS None NEW BUSINESS A. CONSIDERATION OF AN AGREEMENT Between the City of Palm Desert and Silver Spur Associates Establishing the Transfer of a Fire Station Site and Park Site to the City in Order To Comply with Section 26.15 of the Subdivision Ordinance for Total Ironwood Holdings. Mr. Williams advised that Council had received in Study Session two letters of Committment from Ironwood dealing with the subject sites. He asked that Council review them separately in that Staff did have a change of recommendation. March 23, 1978 Page 5 Mr. Williams reviewed in detail the letter of committment relative to the proposed fire station site, pointing out its location on a map for the benefit of Council. It consists of a 1.25 acre parcel which will be abutted on the east by the extension of Mesa View Drive which would come in from Alamo Drive along their northerly boundary. He pointed out that the County Fire Department like the pro- posed site in that it is mid -way between Highway 74 and Portola, has good flexibility in any direction, and good access to existing development in the Alamo area, Silver Spur, and Ironwood. Staff recommended that Council accept this location with the conditions specified which is to dedicate the fire site, dedicate the right-of-way from Mesa View Drive extended, construct two travel lanes from Alama to Portola, construct a masonry wall along the east side of the fire station that is approved, revision of the widening of the proposed Mesa View Drive from 60' to 88', and instruct the City Attorney to prepare the necessary deeds and documents to complete the transaction. Councilman Brush so moved and Councilman McPherson seconded. Motion carried unanimously. Mr. Williams reviewed in detail the letter of committment from Ironwood relative to the proposed park dedication. to be located on 15 acres at the corner of Marble Street and Little Bend Trail extended. Mr. Williams reviewed the conditions submitted by Ironwood which include that any dedication in excess of the required 13 acres would be credited to future park requirements and that a site not to exceed 10,000 S.F. will be reserved for a water well and pumping system. Staff recommended approval. Councilman McPherson moved to notify Ironwood that Council accepts this as an appropriate site and further to instruct Staff to complete appropriate negotiations and return to Council with them drawn up within 30 days. Councilman Wilson seconded the motion. Motion carried unanimously. B. REQUEST FOR APPROVAL OF STREET RESURFACING PROGRAM FOR 1978, City of Palm Desert (Contract No. 1017). Mr. Clyde Beebereported that this was the final phase of the resurfacing work in the City. The estimated cost of the contract is $60,000, and Staff recommended approval. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-33. Motion carried unanimously. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman gave a progress report on the reconstruction of Monterey Avenue indicating that some eight different agencies were involved, thus slowing progress. These agencies have met, and the plan is not simply to put the crossing back in but to substantially improve it. This, of course, will increase the costs, but in the long run, it will probably save everyone money. B. CITY ATTORNEY None March 23, 1978 Page 6 C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson asked if any follow-up had been done on the speed situation on Fairway. Drive. Mr. Beebe reported that the Traffic Committee had conducted a survey and found the average speed to be 38.5 mph. However, it will again be reviewed at the next Traffic Committee meeting. Mr. Bouman pointed out that the City of Indian Wells had reduced the speed limit to 25 mph and that the Sheriff's Department could not enforce it. Councilman Brush referred to the yet another traffic acci- dent on the overpass on Highway 111 at the east side of Palm Desert. He said research had shown him that 17 acci- dents have occurred there since 1974, with a total of 8 deaths. He stated that he did not feel it could be widened, but wondered if a bicycle trail could not be added as many of the accidents have involved bicycles. Mr. Bouman stated that there may be some type of solution, but that the City would have to work with Cal Trans on it to prepare a study and subsequent solution, if any. He assured Councilman Brush that Staff would look into it. Mayor Mullins asked that everyone note the future meetings listed on the Agenda. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting; carried unanimously. Mayor Mullins adjourned the meeting at 8:20 p.m. 7/- ATTEST: SHEILA R. GILL GAN, CITx CLERK CITY OF PALM DESERT, CALIFORNIA EDWARDID. MULLINS; MAYOR 1AMES E. McPHERSON, MAYOR PRO-TEMPORE March 23, 1978 Page 7