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HomeMy WebLinkAbout1979-08-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 9, 1979 CITY HALL COUNCIL CHAMBERS ;: :: :: :: :; .. * * * * :c I. CALL TO ORDER Mayor Pro-Tem James E. McPherson called the Regular Meeting of the Palm Desert City Council to order at 7:05 p.m. on Thursday, August 9, 1979, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tem James E. McPherson III. INVOCATION - Councilman Alexis D. Newbrander IV. ROLL CALL Present: Excused Absence: Councilman Noel J. Brush Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Pro-Tem James E. McPherson Also Present: Mayor Edward D. Mullins Martin J. Bouman, City Manager David J. Erwin, City Attorney Murrel Crump, Principal Planner L. Clyde Beebe, Director of Public Works Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RESOLUTION OF APPRECIATION To Mr. Frank Urrutia For His Years of Service on the Design Review Board. Mayor Pro-Tem McPherson announced that this item would be continued to the meeting of August 23, 1979. B. APPOINTMENTS OF ADDITIONAL MEMBERS TO THE DESIGN REVIEW BOARD. Mayor Pro-Tem McPherson announced the appointments of Mr. Al Cook, Mr. Rick Holden, and Mr. Charles Martin to the Design Review Board. All are architects as called for by the recent reorganization of the Board. Council expressed their concur- rence with the appointments. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of July 26, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 89-013. Rec: Approve as presented. C. REQUEST FOR REFUND OF PRIOR YEAR'S REVENUES By Scott Con- struction In The Amount of *32.55. Rec: Approve the refund from Account No. 11-4980-000. August 9, 1979 Page 1 MINUTES REGULAR CITY COUNCIL MEETING is * * * * is * is is * is is * is * n' is is iC n is is iC .. if *C ik- :C X VI. CONSENT CALENDAR (Continued) D. REQUEST FOR REFUND OF PRIOR YEAR'S REVENUES By Frank Gertz In The Amount of $451.98. Rec: Approve the refund from Account No. 11-4980-000. E. RESOLUTION NO. 79-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF CERTAIN DEEDS FOR PROPERTY PURCHASED BY THE CITY IN ACCORDANCE WITH THE C.O.D. SPECIFIC PLAN AND DIRECTING THE CITY CLERK TO RECORD SAID DEEDS. Rec: Waive further reading and adopt. Mr. Bouman noted that the Account No. in Item D should be changed to read 31-4999-000. Councilman Newbrander moved and Councilman Wilson seconded to approve the Consent Calendar as amended. Motion carried unanimously. VII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF LANDSCAPING AND LIGHTING DISTRICT NO. 2, LEWIS HOMES. Mr. Beebe reviewed the Staff Report stating that the total cost of the District for the ensuing year would be $8,064 with the costs for the operation and maintenance of the street lighting system being $840 and the costs for the maintenance of the landscaping area being $7,224. Staff recommended adoption of Resolution 79-92, levying a special assessment in this amount. Mr. Beebe noted that at the present assessment, only one parcel number was involved in that the lots have not yet been assigned individual parcel numbers. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the District. None was offered. He invited input in OPPOSITION to the District, and none was offered. He declared the Public Hearing closed. Dave Erwin, City Attorney, noted that a minor changed should be made to the resolution — adding the words "of the Streets & Highways Code" immediately after Section 22587, et. seq. in the 4th paragraph. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-92 as amended. Motion carried unanimously with the members present. B. CASE NO. VAR 04-79 - HEATH AND COMPANY FOR R.B. FURNITURE, APPLICANT: CONSIDERATION OF AN APPEAL OF PLANNING COMMIS- SION DENIAL OF REQUEST FOR AN EXCEPTION TO THE SIGN ORDINANCE TO ALLOW TWO (2) WALL MOUNTED SIGNS ORIENTED TO THE STREET FRONTAGE AND REAR PARKING AREA FOR A FURNITURE STORE GENERALLY LOCATED ON THE WEST SIDE OF HIGHWAY 111 AT THE COMMON CITY LIMIT BOUNDARY BETWEEN PALM DESERT AND RANCHO MIRAGE. Mr. Crump presented the Staff report indicating that the applicant was appealing the Planning Commission denial of additional signage in that they did not feel it was excessive and they were attempting to achieve a special design effect. The Planning Commission, on a 3-2 vote, had denied the request primarily on the basis of concern regarding setting a precedent of allowing additional signage for larger buildings. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input"`n FAVOR of the appeal. —• •-----._. n 1 n-7n Parra 9 MINUTES REGULAR CITY COUNCIL MEETING :c :: ;'c ° ;: :: :: * * * 4: k * VII. PUBLIC HEARINGS (Continued) B. CASE NO. VAR 04-79 (Continued): MR. RON McKENZIE, 3225 Lacy Street, Los Angeles, addressed Council on behalf of Heath and Company. He cited sections 25.68.120 and 25.68.730 of the Palm Desert Municipal Code relative to signage that he felt would make his type of requested signs permissible. He presented a facsimile of the proposed sign for Council's inspection. He stated that the proposed sign was an integral part of the design of the building and requested Council's approval of the appeal. MR. DAVID FULLER, Save Our Business Organization, Palm Desert, addressed Council and stated his support of the appeal. MR. RON GOLD, 2323 S. E. Main Street, Irvine, California, addressed Council as the Contractor for Heath & Company and explained the placement of the sign as well as the background of the project. He requested Council's approval of the appeal. Mayor Pro-Tem McPherson invited input in OPPOSITION to the appeal, and none was offered. He declared the Public Hearing closed. Councilman Brush questioned the height of the sign and its size for clarification. The sign would be 6'6" wide, 4' tall and double sided. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-94, denying the appeal. Motion carried unanimously with the members present. C. CASE NO. TT 14032 (REVISED), MC LAIN DEVELOPMENT COMPANY, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW 256 DWELLING UNITS AND PARK SITE ON APPROXIMATELY 80 ACRES WITHIN THE PR-4 (PLANNED RESIDENTIAL, MAX. 4 DU/AC) AND O.S. (OPEN SPACE) ZONES LOCATED AT THE SOUTHEAST CORNER OF PORTOLA AVENUE AND COUNTRY CLUB DRIVE. Mr. Crump reviewed the Staff Report, stating that a previous Tentative Tract Map had been processed for this site as Ridgewood Development Company, but the map had been with- drawn at the Council level. This request was to implement an approved development plan for 256 units which the Planning Commission had approved after considerable discussion relative to the timing of improvements on Hovely Lane, Portola Avenue, and Country Club Drive. Mr. Crump noted that the Commission had resolved their concerns by amending Special Condition No. 6 dealing with street improvements. Staff recommended approval by Resolution No. 79-93. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the request. MR. BOB MC CLAIN, 1470 Jambore Road, Newport Beach, addressed Council stating his agreement with Staff and the Planning Commission. Mayor Pro-Tem McPherson invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Newbrander questioned the increase in number of units. Mr. Crump responded that this was a different develop- ment approach from that of Ridgewood Development, and the building configurations were different. August 9, 1979 Page 3 AGENDA REGULAR CITY COUNCIL MEETING n' :: :: :: .. .. * is :: * ': n' :f is * * .. * :: :: .. :: * .. SAC .. * :f n * J: :: * :: * * * VII. PUBLIC HEARINGS (Continued) C. CASE NO. TT 14032 (REVISED) (Continued): Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-93. Motion carried on the following vote: AYES: Brush, Wilson & McPherson NOES: Newbrander ABSENT: Mullins ABSTAIN: None VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 212 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DELETING SECTIONS 25.14.050 THROUGH 25.14.140 AND REPLACING THEM WITH SECTIONS 25.14.050 THROUGH 25.14.100 PERTAINING TO RESIDENTIAL ESTATE ZONES, AMENDING SECTIONS 25.52.060 AND 25.52.090, AND 25.46.070 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO HILLSIDE DEVELOPMENT, AND AMENDING SECTION 25.92 ET. SEQ. OF THE PALM DESERT MUNICIPAL CODE BY CHANGING THE ZONE FOR VARIOUS PARCELS OF LAND TO IMPLEMENT THE RECOMMENDATIONS CONTAINED IN THE ADOPTED PALM VALLEY STORMWATER CHANNEL AREA SPECIFIC PLAN. CASE NOS. ZOA 02-79 AND C/Z 06-79. Mr. Bouman reported that there had been no further input since the first reading of the ordinance. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 212. Motion carried unanimously with the members present. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS A. REQUEST FOR APPROVAL OF A REQUEST FOR PROPOSAL FOR IRONWOOD PARK DESIGN. Councilman Brush stated that he felt the plan could be done in-house and later on, if the City gets to the point where it has a surplus again and wants to implement such a plan, then a consultant should be brought in. Parks that are needed will be completed; however, the work and planning will be done by Staff. Councilman Newbrander expressed her agreement. Mayor Pro-Tem McPherson advised that the item would be removed from the Agenda for an indefinite period of time. August 9, 1979 Page 4 MINUTES REGULAR CITY COUNCIL MEETING * * * * is if * * * is is n 'n * is * is :: is :C XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE IRONWOOD WEST DEVELOPMENT. Mr. Eugene Nazarek, Special Attorney for the City of Palm Desert, addressed Council relative to the pending law suit on the authorized flood control dike in Ironwood West, said law suit accusing the City of Palm Desert of creating a nuisance and jeopardizing the health and safety of valley residents by authorizing construction of said dike. Mr. Nazarek stated that it was important to take into considera- tion the time and costs involved in bringing this type of action to trial. It then becomes apparent that the prepara- tion of an EIR is the better route. Although the City still strongly believes that an EIR is not necessary, in the interest of getting the dike constructed at the earliest possible date, he recommended that, by proposed Resolution No. 79-95, the City Council authorize an EIR by the Planning Center, consultants. In the meantime, he would take appro- priate steps to respond to the claim, but he felt that the final EIR would simply be introduced into court and would eliminate the necessity of a lot of other responses. Mr. Nazarek reviewed other portions of proposed Resolution No. 79-95 stating that it included facts and findings, set forth the background, and reaffirmed the Council's prior determination to issue a Negative Declaration. He stated that the resolution also points out that due to the filing of the complaint, that such construction may be delayed to the detriment of downstream lands and inhabitants. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-95. Motion carried unanimously with the members present. Councilman Brush, for the record, stated that Indian Wells' action was nothing more than a capricious and irresponsible act that does nothing more than delay protection of the citizens of Palm Desert. B. REQUEST FOR DETERMINATION OF FUNDS AVAILABILITY AS PROVIDED FOR IN THE HEALTH AND SAFETY CODE. Mr. Bouman stated that there are no unobligated funds avail- able in the Highway Users Tax Fund to contribute to the Frontage Road Conversion Project. It was the Agency Attorney's recommendation that the City Council adopt the proposed resolu- tion stating this fact as well as the fact that the project would be a worthwhile benefit to both the Agency and the City Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-96. Motion carried unani- mously with the members present. XII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS MR. CLIFF SWANSON, 42-529 Adams Street, Bermuda Dunes, California, addressed Council on behalf of himself and three partners relative to their Tract No. 13236 for an Industrial Park on Cook Street. He reviewed the background of the project from annexation to final approval in September of 1978, as presented in a letter to the City Council dated August 7, 1979 (attached hereto and made a part of these minutes as Exhibit "A"). August 9, 1979 Page 5 MINUTES REGULAR CITY COUNCIL MEETING :f ;; :: ;: ;: ;: XV. ORAL COMMUNICATIONS (Continued) Mr. Swanson stressed that upon final approval, he and his partners had been in total agreement with all conditions imposed. However, he pointed out that they had not been aware of the requirements to construct a catch basin on Cook Street or the $45,000 contri- bution to the Storm Drain Fund. Since these conditions had not been specifically stated in the approval and since it would create a hardship for them, he respectfully requested Council's consideration of waiving the two requirements. He concluded by pointing out that all of the parks around him were not required to pay such fees or install such drainage facilities. Mr. Beebe responded that the Master Drainage Plan had been adopted early in 1978 and in it, the City had set a figure of $1,500 per acre as a drainage fee for subsequent drainage improvements as provided for in the Plan. He reviewed the sequence of events in Mr. Swanson's case and pointed out that he did not have the right, after the adoption of the Plan, to waive the fees. Mr. Erwin confirmed that only the Council could do so. Mr. Beebe pointed out that during the various steps of approval required of Mr. Swanson's project, the Master Drainage Plan had been enacted and that Mr. Swanson had not been aware of the new fee. As far as the retention basin, in almost all instances of approval, drainage requirements as "as set forth by the Director of Public Works". Mayor Pro-Tem McPherson pointed out that the parks surrounding Mr. Swanson's project had been approved and built well before the time the City incorporated. Councilman Brush moved and Councilman Wilson seconded to deny the request for waiver of the drainage fees and the catch basin. Motion carried unanimously with the members present. MR. TIM HAMMONS, 43-610 Buena Circle, Palm Desert, addressed Council relative to when the Rancho Road Project would be implemented. Mr. Bouman responded that the plans and speci- fications were available for anyone's review at the Public Works office and that bids were being accepted now and would be opened August 28th for subsequent bid award. Mr. Beebe explained how the project would be built and how it would operate upon completion. Mr. Bouman stressed that the property owners should not think that this would solve all of their problems, however, as they will still have to take pre- cautions to protect their property from water that falls onto the street itself. The project will prevent the waters running on Portola from going into the specified streets, but that is not the only problem in that area. In response to a question from the audience, Mr. Bouman responded that Portola will not be lowered as it would be a difficult job to remove all the utility lines and sewer lines that have been place beneath it. XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 79-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS DECLARING ITS INTENTION AND FIXING TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PRO- POSED SALE OR TRANSFER OF CITY PROPERTY. Mr. Bouman advised that a lot had been acquired as part of a two lot parcel in the C.O.D. Area in conformance with the C.O.D. Specific Plan. It is a lot that we don't need, and we can now trade it for one that we do need. In order to do so, a public hearing must be held and hear any input that might be given. August 9. 1979 Page 6 MINUTES REGULAR CITY COUNCIL _IEETING * * * * * .' * * is * iL * * n :C :: * * * iC ** .* ** i* iC iC :: :C .0 ** i. :C iC n ** * VI. REPORTS AND REMARKS (Continued) A. CITY MANAGER (Continued) Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-97. Motion carried unanimously with the members present. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Brush asked who was responsible for the upkeep and/or maintenance of the new ballfields. Mr. Bouman responded that, as part of the agreement when the City contributed $30,000 to the new park and ballfields, the Palm Desert Youth Sports Association had agreed to maintain them. Mayor Pro-Tem McPherson asked that everyone note the Future Meetings listed on the Agenda. XVI. ADJOURNMENT Councilman Wilson moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Pro-Tem McPherson adjourned the meeting at 8:17 p.m. ATTEST: SHEILA R. LLIGAN, TY CLERK CITY OF PALM DESERT,, CALIFORNIA McPHERSON, 'P-.YOR PRO-TEM August 9, 1979 Page 7 MINUTES REGULAR CITY COUNCIL MEETING CLIFF SWANSON, Inc. EXHIBIT "A" R E C L • E PROPERTY MANAGEMENT AND INVESTMENT AUG 7 1979 12153 VENTURA BOULEVARD, SUITE 103 T DIO CITY, CALIFORNIA 91604 ?A± M DEBcil (Ci CITY H/ L TELEPHONE: 766-7300 CITY CLERK'S !)FF!CF Thf4 Mho -able yor and i.:bcr" of t'12 IL- Co. i.cii 7,a.2ert 45-27 r _ rci1 :ear Palm J-ser t, ,alifor!J a " _r_6J T er. tl^:^,en: I .;o;;1.d aor,r eciate the cy_;norturity to annear before you at th2 Council ee in>' o:. ::ur y, .Zu `ust -', 1979. am one o._ four partners develo ;in- a 29.6 acre ir.'ius t- ^ial tract on Cook Street ap r'oxim :,el'r 1,500 'ee t north of the ,'hit2,„.ter 'Wash. �e _-dived our tentative man approval on Sen emcer 2., 19 and :e have asTreed to meet ail o.f the .5' l..i 1 �r`1 cam.._ and J:/P ^1;:1 co':_:.i dons on the map. About Three or four weeks a =-O is _'a . c liilvray of Webb Cb .a3 in to t the a .rval on the Past Co'_' - act -ions before 'e went ir for final mac approval. He ,:as ir_ ,o_'.P_e., that ''ou1:5. .:e _ e J:__ ....to out i.. :? catch basin o:. Coo;: Street : o v eri: a 'oo(' cart of the lot that ;e feel nV f' r ri ah1ry , anthat ��'ve would iJe 1 v., O ou_ .^:'0 s1, .lu i0% , re".l„' :red to contribute anPro::l,.'.ate1;, -5, Ono 4-Ca ,.tOrm 'This ,a: vh- first ..2 L of this,._._d the - r',Y`Z; ^r .'s hr:.i ea d of it even thou:-h ....c tertotive :ad .,e,7? ac rove_. aperoxi:::atel„ nine months before. We have since been ihforfr.ed tbat a storm drain :s. ssmn't had Leer .ea. t_�i' r- 77 eti% �: .. L 1:. _ .-owBVF?i , „_ i.Tir ?_.l i y it was r:'^nle^ only to Pro; 3o ter on the south of : it.3wa. yr 1, lc..,� �'ash and c`7.. r.o= e_it' not apl - to cur )ro-- _ ',le thefol-- ,-,riust that we be1.'o:. relief from these two _ , i ^."lar ..o. 7!e ooct=':1i,r,,iour.s, August 9, 1979 Page 8