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HomeMy WebLinkAbout1979-11-29MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 29, 1979 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 7:08 p.m. on Thursday, November 29, 1979, in City Hall Council Chambers. II. PLEDGE - III. INVOCATION - Mayor Edward D. Mullins IV. ROLL CALL Present: Councilman Noel J. Brush Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Councilman S. Roy Wilson Excused Absence: Mayor Pro-Tem James E. McPherson Martin J. Bouman, City Manager Doug Phillips, Deputy City Attorney Paul A. Williams, Director of Environmental Services Carlos L. Ortega, Assistant City Manager Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of November 8, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-043, 80-044, and 80-051. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF OCTOBER, 1979. Rec: Receive and file. D. REQUEST FOR APPROVAL BY PALM DESERT JUNIOR WOMEN'S CLUB To Install Store -Front Banners In The City of Palm Desert For The Bob Hope Desert Classic. Rec: Approve the request and instruct the City Clerk to so notify the applicant. E. LETTER OF RESIGNATION FROM STEPHEN A. FLESHMAN From His Position On The Planning Commission. Rec: Accept the resignation with sincere regrets. November 29, 1979 Page 1 MINUTES REGULAR CITY COUNCIL MEETING VI. CONSENT CALENDAR (Continued) F. LETTER OF COMPLAINT FROM E. T. HERMANN Regarding Nuisances Within the Palms to Pines Plaza (Shopping Center). Rec: Receive and refer to City Manager for study and report. G. REQUEST FOR APPROVAL Of Refund of Prior Year's Revenues by Bob Downs In The Amount Of $39.00 For Unused Permit. Rec: Approve the request and authorize the refund from Account No. 11-4980-000. H. CLAIM AGAINST THE CITY BY DONALD BROWN In The Amount of $305.03 For Damage To His Vehicle. Rec: Deny the claim and instruct the City Clerk to so advise the Claimant and the City's Insurance Carrier. I. CLAIM AGAINST THE CITY BY BRIAN SNIFF In The Amount of $46.68 For Damage To His Vehicle. Rec: Deny the claim and instruct the City Clerk t so advise the claimant and the City's Insurance Carrier. J THANK YOU LETTER FROM MRS. VIRGINIA RIVKIN For The Tel -A -Ride Service Provided In Palm Desert And The City Manager's Kind Responsiveness. Rec: Receive and file. K. RESOLUTION NO. 79-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF PALM DESERT RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 8, 1980. Rec: Waive further reading and adopt. L. REQUEST FOR APPROVAL OF FINAL TRACT MAP NO. 15384, Bruce J. Reimer, Applicant. Rec: Waive further reading and adopt Resolution No. 79-140, approving Final Tract Map. No. 15384. Councilman Wilson requested that Item "E" be removed from the Consent Calendar for discussion under Section X, Consent Items Held Over, of the Agenda. Councilman Brush moved and Councilman Newbrander seconded to approve the balance of the Consent Calendar as presented. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A, CASE NO. TT 15366 - SILVER SPUR ASSOCIATES, APPLICANT: Con- sideration of Approval of a Tentative Tract Map to Subdivide An Administrative and Models Complex Within Ironwood Country Club, Located at the Southeast Corner of Irontree Drive and Mariposa Drive. Mr. Williams presented the Staff Report stating that this proposal involves 16 lots, consisting of 5 existing models, nine additional lots to be created for future models, sales administrative complex and property located at the corner of Irontree D •e and Mariposa Drive. A culdesac will b° P%1RP 7 November 29, 1979 MINUTES REGULAR CITY COUNCIL MEETING 1 VII. PUBLIC HEARINGS (Continued) created down the south side of the units, with recreation area to the east to include major amenities such as pools and tennis courts. The Planning Commission considered this to be an ap- propriate request and approved it by their Planning Commission Resolution No. 543. Staff recommended Council's approval by adoption of Resolution No. 79-138, in that it is in conformance with the zoning ordinance and other documents of the City of Palm Desert. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the request. MR. LARRY SPICER, representing Ironwood Country Club, applicant, stated he felt the case was succinctly presented and was present to answer questions that anyone might have. Mayor Mullins invited input AGAINST. There being none, he declared the Public Hearing closed. Councilman Wilson moved to waive further reading and adopt Resolutior. No. 79-138, approving Tentative Tract No. 15366. Councilman Brush seconded. Motion carried on a 3-1-1 vote, with Councilman Newbrander voting NO due to her concerns as to flood control. B. CASE NO. CUP 09-78 (AMENDMENT) - BANK OF INDIO AND CARL COX, APPLICANT: Appeal of Planning Commission Denial of a Request for an Amendment to an Approved Conditional Use Permit to Allow an Additional Driveway on El Paseo at the Northeast Corner of State Highway 74 and El Paseo. Mr. Williams noted that the applicant had not yet arrived. Mayor Mullins requested this item be tabled until arrival of the applicant, and continued on to the next item on the agenda. VIII. RESOLUTIONS A. RESOLUTION NO. 79-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1979/80 BUDGET TO PROVIDE FOR INCREASED ESTIMATED COSTS OF THE AVENUE 44 AND SAN PABLO STREET IMPROVEMENT PROJECT. Mr. Bouman stated that in planning the Capital Improvement Budget for this year, this was included and the money placed in two funds: 1) Money to be spent on -site (on property to be acquired) and 2) Improvements in the public streets. As it turns out, the availability of a contract to the City creates an overlap where both can be done, or at least all of the street work and a part of the on -site work. This action would transfer some money from the on -site account to street account, and enable the City to move ahead with the street improvements. Councilman Newbrander moved to adopt Resolution No. 79-141, with Councilman Brush seconding the motion. Carried unanimously with the members present. B. RESOLUTION NO. 79-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING BIDS FOR THE DEMOLITION OF A STRUCTURE DEEMED A PUBLIC NUISANCE. Mr. Bouman presented the staff report, stating that this is part of the City's program to remove somewhat objectionable structure; and conditions in the Cahuilla Hills area. All of the required hearings and proceedings have been completed. This step would enable the City to actually demolish the buildings and remove the nuisance but that Staff would first come back to Council with bids prior to award of contract. Councilman Brush moved and Councilman Newbrander seconded to adopt Resolution No. 79-142. Carried unanimously with the members present. November 29, 1979 Page 3 MINUTES REGULAR CITY COUNCIL MEETING VII. PUBLIC HEARINGS (Held over) B. CASE NO. CUP 09-78 (AMENDMENT) - BANK OF INDIO AND CARL COX, APPLICANT: Mayor Mullins noted that this Case had been held over due to the absence of the applicant, but chat he was now present. He asked for the Staff Report. Mr. Williams stated that this case had been reviewed by the Planning Commission and they, in conjunction with Staff. felt that the added driveway would result in a hazardous situation, creating conflict with those cars on El Paseo, and generally unsafe conditions due to the closeness to the intersection of Highway 74 and El Paseo. He also noted that this is mainly a shopping center and the Commission felt this would be a departure from that concept. For these reasons, the Planning Commission denied the request by Resolution No. 547 and suggested a revision of the Plan. He stated the applicant filed an appeal for the reason that they felt it was imperative that the Bank have access off of El Paseo to facilitate their daily operations. Staff recommended over -rule of this appeal by City Council Resolution No. 79-139. Mayor Mullins declared the Public Hearing OPEN and invited input. Mr. Bouman commented that with the driveway denied, five parking spaces become useless. He questioned how this fit in with the required ratio of parking. Mr. Williams responded that it was not a deciding factor. MR. CARL COX, 73-127 Shadow Mountain Drive, representing the applicant, handed out reproductions to the Council - members to indicate the relationship of the right hand turn driveway. He stated that he felt the driveway was not too close to the Highway 74/El Paseo intersection to interfere with traffic as people would be slowing down for the light, whether green or red. He felt this turn would help alleviate traffic problems by taking cars off El Paseo. He thanked Staff and Mr. Beebe for being so cooperative. He further stated that he had sent the plan (including driveway) to Mr. John Chaudoin, Chief Traffic Engineer with Cal Trans, and his remarks were that it looked like a good plan and that he could not see any problems. He also contacted a traffic engineer who has done private consulting work for the Cities of Palm Springs, Indian Wells, Indio and Palm Desert and he confirmed these beliefs. Councilman Brush commented that it didn't look like a liveable situation with all the movements on the layout, and that a better approach to the drive -up window might be from El Paseo. Councilman Newbrander stated her concerns about the slowing of traffic and the fact that cars would not be able to get' back on to El Paseo once they had been to the drive -up window. Councilman Wilson questioned whether this might be an attractive inducement for people to cut through and come in the wrong way. MR. HARRY KRUEPER, Consulting Traffic Engineer, 568 North Mountain View Avenue, San Bernardino, reported that he had completed an independent evaluation and had advised Mr. Cox as to the pros and cons. He estimated between 65 and 70 November 29, 1979 Page 4 MINUTES REGULAR CITY COUNCIL MEETING VII. PUBLIC HEARINGS - CASE NO. CUP 09-78 (Continued) cars would be using the driveway for access. He felt there was sufficient parking so cars would not back out to El Paseo. He considered the survey a low volume of traffic. In response to Council's concerns, he stated that there would be signs, very small driveways, arrows, and to eliminate pedestrian/vehicle conflict, proper channelization of cars so people cannot make the wrong turns. Mayor Mullins invited further input. There being none, he declared the Public Hearing CLOSED and asked for remarks from members of the Council. Councilman Brush stated that the only entrance from Highway 111 appeared to be a difficult access, and that he could not see how it could create a conflict with Highway 74,as it seemed to be set back a good distance. Councilman Wilson said he tended to be cautious over creating more traffic conflict so close to one of the major intersections in the City. He noted Security Pacific Bank as an example, and felt that it does create traffic. Mayor Mullins stated he felt the traffic would be backed up considerably with cars trying to make a righthand turn. He felt the area was too small and that they seemed to be cramming too much into it. Councilman Newbrander objected to the traffic congestion this would generate on Highway 74 and El Paseo. She disagreed that it would help the traffic situation on El Paseo, as stated by Mr. Cox. Councilman Brush stressed that the people in business should be listened to by the City before they go broke Mr. Bouman stated he did not feel this was the right place for a bank. He felt this was too close to a main artery, against the Redevelopment concept, and just didn't fit. After much discussion as to possible alternatives, the applicant requested Council to either approve or deny the request. Councilman Wilson moved and Councilman Newbrander seconded to adopt Resolution No. 79-139, denying the appeal. Motion carried on a 3-1-1 vote with Councilman Brush voting NO due to the fact that he felt a bank would be the best type of business on that corner. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER E. LETTER OF RESIGNATION FROM STEPHEN A. FLESHMAN From His Position On The Planning Commission. Councilman Wilson stated he requested this item removed for discussion in order to suggest a plaque or Resolution of Appreciation be presented to Steve for his valued service on the Planning Commission. November 29, 1979 Page 5 MINUTES REGULAR CITY COUNCIL MEETING X. CONSENT ITEMS HELD OVER (Continued) E. Mayor Mullins expressed his appreciation to Steve in that as busy as he is, he is always willing to give of his time and tremendous knowledge. Councilman Brush added his appreciation of Mr. Fleshman's knowledge and willingness to serve. Councilman Wilson moved to accept the resignation of Steve Fleshman with regrets. Councilman Brush seconded. Motion carried on a 4-0-1 vote. XI. NEW BUSINESS None XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE PURCHASE OF A ONE -TON UTILITY FLATBED TRUCK. Councilman Brush moved to approve the purchase and to award the contract to Sunrise Chevrolet -Oldsmobile, Inc., low bidder, in the amount of $8,480.00. Councilman Newbrander seconded. Motion carried unanimously with the members present. XIII. ORAL COMMUNICATIONS None XIV. REPORTS AND REMARKS A. CITY MANAGER 1. BUILDING INSPECTION SERVICES AGREEMENT WITH JOHN C. FINN Mr. Bouman requested a motion authorizing the City to approve a contract with John C. Finn for assistance in the present crunch. He stated this contract could be renew- able by mutual consent, if needed. Councilman Brush moved to approve the agreement and authorize the Mayor to execute. Councilman Newbrander seconded. Approved on a 4-0-1 vote. 2. RESOLUTION NO. 79-143 - AUTHORIZING A CONTRACT FOR APPRAISAL SERVICES Mr. Bouman stated that the acquisition of certain property is necessary for the widening of Monterey Avenue. This Resolution would authorize the Assistant City Manager and the Mayor to negotiate and execute a contract for these services. Though not having a price to report at this time, he assured the Council it would be a nominal cost for services of this type. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-143. Motion carried unanimously with the members present. B. CITY ATTORNEY Attorney Doug Phillips stated he had nothing to add. C. MAYOR AND MEMBERS OF THE CITY COUNCIL November 29, 197. Page 6 1 MINUTES REGULAR CITY COUNCIL MEETING XIV. REPORTS AND REMARKS (Continued) C. Mayor Mullins noted the Future Meeting Schedule. XV. ADJOURNMENT Councilman Wilson moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at 8:18 p.m. ATTEST: .,�J�� DEL CLAUSSEN, Deputy City Clerk City of Palm Desert, California /d EDWARD t. MULLINS, Mayor November 29, 1979 Page 7