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HomeMy WebLinkAbout1979-02-08MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, FEBRUARY 8, 1979 CITY HALL COUNCIL CHAMBERS :: * * * * * * :: :: * * * * * :Y * :c * * * * * * * * * * * * * * :'c * * * I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 7:04 p.m. in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Noel J. Brush Councilman James E. McPherson Councilman Alexis Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant to the City Manager Paul A. Williams, Director of Environmental Services L. Clyde Beebe, Director of Public Works Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION Declaring Sunday, February 25, 1979, as "HEART SUNDAY". B. PROCLAMATION Declaring the Week of February llth through February 17th as "NATIONAL CRIME PREVENTION WEEK". Mayor Mullins read both Proclamations and extended Council's support of both as very worthy projects. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of January 25, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 79-072. Rec: Approve as presented. C. REQUEST FOR SUPPORT of State Constitutional Amendment Number 2 Concerning School Busing for Desegregation. Rec: Receive and file. D. RESOLUTION NO. 79-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FIND- INGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPART- MENT OF ENVIRONMENTAL SERVICES THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. February 8, 1979 Page 1 VI. CONSENT CALENDAR (Continued) E. REQUEST FOR APPROVAL Of Contract No. 1018 for the Monterey Avenue Reconstruction at the Whitewater River Channel. Rec: 1. Accept the work 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, if no liens have been filed. F. REQUEST BY NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA, INC. for Construction of a Billboard. Rec: Instruct the Manager and Staff to undertake a study of the request and its ramifications and to report back to the City Council. Councilman Brush requested that Item "F" be removed from the Consent Calendar for discussion under Section X, Consent Items Held Over. Councilman McPherson moved and Councilman Brush seconded to approve the Consent Calendar, with the exception of Item "F", as presented. Motion carried unanimously. VII. PUBLIC HEARINGS None VIII. RESOLUTIONS A. RESOLUTION NO. 79-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978-79 FISCAL YEAR BUDGET TO PROVIDE FOR ADDITIONAL OFFICE SPACE FOR THE DEPARTMENT OF PUBLIC WORKS, TO LEASE WORD PROCESSING EQUIPMENT FOR THE DEPARTMENT OF ENVIRONMENTAL SERVICES, AND TO PROVIDE SUPPORT FUNDS FOR THE VOLUNTEER FIREMEN. Mr. Bouman stated that this was a request for an amendment to the current budget for expenditures which could not have been anticipated and which had arisen within the last 3-4 weeks. He stated that the contribution to the Volunteer Fire Department is a request for a donation which comes to us each year but is not budgeted because we do not always know the amount to be requested. It is an annual fund raising drive and the only request we ever receive from them. Staff feels that the requested $2,000 is money well spent. Also being requested was an amendment for $4,600 and $1,400 for the purpose of paying the rent and moving the Department of Public Works into new facilities at the corner of Larrea and Lantana. This department has outgrown its present facilities. The $4,600 is to be spent on internal changes to the facilities to make it useable by the Public Works Department, and the $1,400 amendment requested is to pay the rent through the end of the fiscal year. This space will also be used for storage of equipment and materials that are presently stored in various different sites in the City. Also requested as an amendment to the budget was $1,500 for the trial of a new Mag II Typewriter for the Department of Environmental Services. Staff felt that this would be a worthwhile test in this department because of the large amount of repetitive typing done. The total amendment being requested was $9,500, and Staff recommended adoption of Resolution No. 79-13 to accomplish these amendments. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 79-13; motion carried unanimously. Fohrnary R 1Q7Q PAPP 2 VIII. RESOLUTIONS (Continued) B. RESOLUTION NO. 79-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN OFFICE LEASE AGREEMENT FOR THE PUBLIC WORKS DEPARTMENT AND AUTHORIZ- ING THE CITY MANAGER TO EXECUTE. Mr. Bouman reported that this resolution simply gave Staff the authorization to spend the money authorized in the budget amendment. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-14. Motion carried unani- mously. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 198B - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM 'S' STUDY TO PR-3 S.P. (U.A.) AND O.S. (U,A,) AND A RESIDENTIAL DEVELOPMENT PLAN TO ALLOW 732 DWELLING UNITS AND RECREATIONAL AMENITIES AND OPEN SPACE ON APPROXIMATELY 680 ACRES, 3 MILES SOUTHWEST OF THE INTERSECTION OF HIGHWAYS 111 AND 74 ADJACENT TO THE SOUTHERLY BOUNDARY OF THE CITY OF PALM DESERT ON THE WEST SIDE OF HIGHWAY 74 AND CERTIFICATION OF THE RELATED EIR AS COMPLETE. CASE NOS. C/Z 08-78 AND DP 11-78. Mr. Bouman reported that this was the second reading of the ordinance, and there had been one item of input relative to the matter, a letter from Mrs. Eunice Pearson which had been distributed to Council for their review. Mrs. Pearson mentions some points which are not new to the Council as they have been reviewed at the numerous hearings on this matter. Mrs. Pearson was unable to attend the meeting, but Mr. Bouman stated that he had invited her to meet with him to discuss the matter. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 198B. Motion carried unanimously. B. ORDINANCE NO. 201 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM 'S' STUDY TO PR-3, S.P. (U.A.) AND APPROVING A PRELIMINARY DEVELOPMENT PLAN TO ALLOW 800 CONDOMINIUM UNITS ON APPROXI- MATELY 405 GROSS ACRES AT THE NORTHEAST CORNER OF COOK STREET AND COUNTRY CLUB DRIVE. CASE NOS. C/Z 13-78 AND DP 20-78. Mr. Bouman stated that this was the second reading of the ordinance, and no further input had been received. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 201. Motion carried unanimously. C. ORDINANCE NO. 203 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-1-9,000 TO PR-4, AND APPROVING A RELATED PRELIMINARY DEVELOPMENT PLAN TO ALLOW 31 DWELLING UNITS AND PRELIMINARY DESIGN REVIEW ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF DEEP CANYON ROAD, NORTH OF 44TH AVENUE. CASE NOS. C/Z 17-78, DP 21-78 AND 158MF. Mr. Bouman stated that this was the second reading of the ordinance, and no further input had been received. Coucilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 203. Motion carried unanimously. February 8. 1979 Page 3 X. CONSENT ITEMS HELD OVER F. REQUEST BY NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA, INC. for Construction of a Billboard. Mr. Robert 0. Naegele, Chairman of the Board of Naegele Out- door Advertising Company, addressed Council stating that they were requesting a Special Use Permit to erect an outdoor advertising display, on property they owned at the west and south end of Highway 111. He stated that a billboard was on the property when they purchased it, and they had removed it and replaced it with an upgraded billboard. However, they were subsequently notified by City officials that this was in violation of the Sign Ordinance and immediately removed the billboard. Mr. Naegele stated that he felt the ordinance prohibited his firm from upgrading existing billboards within the City and elaborated on how this type of sign can be erected to look well and not be view obstructing. Mr. Naegele also pointed out that the Sign Ordinance would force his company out of business in Palm Desert, something he felt unfair. In requesting a Special Use Permit, Mr. Naegele referred to this type of permit being issued for the Crime Prevention Week billboard which was currently displayed on Highway 111. He felt his request was of equal merit. He noted that out- door advertising was a legitimate business and that some of the Council members had used it. He requested that his firm be allowed to meet and work with staff on the issuance of this Special Use Permit. He felt that it was a problem that could be worked out. Mayor Mullins thanked Mr. Naegele for his presentation and asked Council for their pleasure. Councilman Newbrander moved and Councilman McPherson seconded to instruct the Manager and Staff to undertake a study of the request and its ramifications and to report back to the City Council. Motion carried unanimously. Councilman Brush stated that it was true that he had utilized outdoor advertising in his campaign for County Supervisor. He pointed out, however, that he did not know of many in Palm Desert who did favor this type of advertising. He said that he did have some concerns about the ordinance which he had pointed out in Study Session in that it forces something on the business with- out compensation for their potential loss. He was concerned that that same philosophy might be applied to eliminate other business felt to be undesirable, and he hoped that the ordinance could be reviewed in this light during Staff's study. Councilman McPherson stated, for the record, that the firm by which he was employed did in fact utilize outdoor advertising, but that he was not instrumental in that decision. XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. APPEAL OF CASE NO. 102C, SGPA - SECURITY PACIFIC, Applicant: Applicants Are Seeking a Reversal of the Decision by the Planning Commission to Reject Case No. 102C As Expressed in Planning Commission Resolution No. 447. Mr. Williams reviewed the Staff Report stating that this property was considered by the City in 1975 for a bank facility known as Security Pacific Bank. The Plan con- sidered in 1975 was a master plan for the property, and the recent review was for completion of this plan, The primary concern by both the Design Review Board and the Planning Commission during this recent review had been access to the project from Portola. The Design Review Board felt that egress only onto Portola would be February 8, 1979 Page 4 XII. NEW BUSINESS (Continued) satisfactory. However, the Planning Commission had deter- mined that all access should be eliminated on Portola and that the entire plan should be restudied, thus rejecting the request. Mr. Williams pointed out that the applicant had appealed the Planning Commission's decision in that he had not received notification of the Planning Commission meeting and had therefore not attended the meeting. His contention was that had he been present during the hearing, he might have been able to offer some viable solution to the concerns of the Planning Commission relative to the ingress and egress onto Portola. Upon question by Council, Mr. Williams pointed out that to make the only entrance to the proposed project on Prickly Pear would create a. dead-end parking lot, long and narrow in nature. The Council discussed the traffic problems on Portola at length, all agreeing that the situation was a bad one and that any additional access on that particular block of Portola would make the problem that much worse. MR. RON ROBERTS, SPGA, addressed Council on behalf of Security Pacific Bank, stating that the first time he was aware of the Planning Commission meeting was on January 12, 1979, when he received notice of the denial of the project. He had been out of town when the notice reached his office and had called Mr. Williams to learn that at that point, he only had a few days within which to appeal the case to the Council. Mr. Roberts stated that he felt that had he been present at the Commission meeting, he might have been able to offer solutions to concerns the Commission had had and requested that Council allow his project to be heard by the Commission once again with his presence. He pointed out that he had felt that the proposed right-hand turn only onto Portola would have little impact on traffic, and he still felt that way. Further Council discussion followed relative to the bad traffic situation on Portola. Councilman McPherson stated that he had very strong feelings about it in that he watched it first hand everyday in that his office is located next to the Post Office. What drivers do is almost unbelieveable, and he felt that an island in the middle of Portola would be a help. He felt that Council should concur with the Planning Commission and request a complete redesign. Councilman Wilson stated that he felt the applicant should have the opportunity to review his case with the Planning Commission and possibly resolve the problem without redesign. Councilman Brush concurred. Mr. Bouman pointed out that pedestrians crossing Portola were placing themselves in a very dangerous position in that he believed, with the traffic and drivers being what they are, it was only a matter of time before something happened. He stated that there would be a problem even with a divider in the middle of the road. Councilman Newbrander moved and Councilman McPherson seconded to uphold the findings of the Planning Commission and deny the appli- cants' appeal by Resolution No. 79-15. Motion carried on a 3-2 vote with Councilmen Brush and Wilson voting NO. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None February 8, 1979 Page 5 XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman noted a correction to the Future Meeting Schedule in that the Study Session of Council scheduled for February 15 had been changed to February 13th. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins stressed the importance of notification of applicants relative to meetings and suggested that rather than rely on the mails when time schedules are tight, that a phone call might be justified. Councilman Brush noted that Staff, along with trying to notify the applicant, is also trying to expedite their projects by passing them through the required bodies as expeditiously as possible. This would create a problem in timing in many cases. Mr. Williams noted that when an applicant files a project in person, he receives a calendar of the meetings at which his case will be heard. However, when the application is received in the mail, the applicant does not have the bene- fit of this calendar. Councilman Brush stated that on the case of the appeal for Security Pacific Bank wherein he had voted NO, this did not necessarily mean that he disagrees with the Planning Commis- sion's decision but more with the procedure. Councilman Wilson noted that the Study Session would be continued after the adjournment of the Council Meeting. Councilman Wilson inquired as to;the status of the letters to surrounding cities regarding the Special Meeting of the Desert Sands Unified School Board and the Palm Springs Board of Education. Mr. Bouman advised that they would be mailed out to Rancho Mirage, Indian Wells, and LaQuinta either the next day or Monday. XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:10 p.m. D. MtJLLINS , MAYOR ATTEST: SHEILA R. GILLIAN, CITYRK CITY OF PALM DESERT, CAL1 RNIA PaaP 6