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HomeMy WebLinkAbout1979-09-13MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1979 CITY HALL COUNCIL CHAMBERS 7:00 P. M. ;; ;; :: ; 1. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 7:08 p.m. on Thursday, September 13, 1979, in City Hall Council Chambers. II. PLEDGE - Councilman S. Roy Wilson III. INVOCATION - Mayor Edward D. Mullins IV. ROLL CALL Present: Excused Absence: Councilman Noel Brush Councilman Alexis Newbrander Councilman Roy Wilson Mayor Edward Mullins Also Present: Mayor Pro-Tem James McPherson Carlos Ortega, Assistant City Manager Dave Erwin, City Attorney Paul Williams, Director of Environmental Services Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Councilman Wilson moved and Councilman Brush seconded to reappoint Mr. George Kryder to a 4-year term on the Planning Commission and to reappoint Mr. Jim Montoya and Mr. Frederick Thon to 4-year terms on the Parks and Recreation Commission, said appointments to fill expired terms. Motion carried unanimously with the members present. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of August 23, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-022 and 80-023. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By PALM DESERT LIQUORS, INC., 74-121 Highway 111, Palm Desert, California. Rec: Receive and file. D. REQUEST FOR REFUND OF PRIOR YEAR'S REVENUES By The Energy Place In The Amount of $50.00. Rec: Approve the Request and authorize the refund from Account No. 11-4980-000. September 13, 1979 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * ;; „ n' :'c :: k ;: ;; :: :'c is if * ::' :: is :'C 7c i'c ''c :'. :V :''. :': :'c i'c ;': ;; :c :': :: :': * * VI. CONSENT CALENDAR (Continued) E. REQUEST FOR FLOOD DRAINAGE CORRECTIONS From Property Owners of Setting Sun Trail, Palm Desert, California. Rec: Refer to the City Manager for Study and Report. F. REQUEST FOR APPROVAL of Contract With Ron Martin & Associates In The Amount of $3,027 for the Portola Avenue Curb & Gutter Project Engineering Work. Rec: By Minute Motion, authorize the Mayor to execute a Contract with Ron Martin & Associates in the amount of $3,027.00. G. REQUEST FOR APPROVAL of Contract With Ron Martin & Associates tor Engineering Services In The Amount of $5,800 For The San Pasqual Concrete Box/Magnesia Falls Road Project. Rec: By Minute Motion, authorize the Mayor to execute a contract with Ron Martin & Associates, Inc. in the amount of $5,800.00. H. REQUEST FOR APPROVAL of Contract With Wallach & Associates for Engineering Services In The Amount of $4,000 For The Spillway for the San Pasqual Drainage Channel. Rec: By Minute Motion, authorize the Mayor to execute a contract with Wallach & Associates in the amount of $4,000.00. I. REQUEST FOR APPROVAL of Final Tract Map No. 11883-2, Tiffany Properties, Inc., Applicant. Rec: Waive further reading and adopt Resolution No. 79-106, approving Final Tract Map 11883-2. J. REQUEST FOR APPROVAL of Final Tract Map No. 11883-1, Tiffany Properties, Inc., Applicant. Rec: Waive further reading and adopt Resolution No. 79-107, approving Final Tract Map 11883-1. Councilman Newbrander requested Items "E" and "J" be removed from the Consent Calendar for discussion under Section X of the Agenda, "Consent Items Held Over." Councilman Brush moved and Councilman Newbrander seconded to approve the Consent Calendar with the exception of Items "E" and "J". Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. CASE NO. TT 15082, DON LAWRENZ, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE A ONE LOT SUBDIVISION FOR COMMERCIAL CONDOMINIUM PURPOSES ON APPROXI- MATELY .30 ACRES WITHIN THE C-1, S.P. (GENERAL COMMERCIAL SCENIC PRESERVATION OVERLAY) ZONE, LOCATED ON PANORAMA DRIVE, 180 FEET SOUTH OF HIGHWAY 111. (Continued from Meeting of August 23, 1979.) Mayor Mullins declared the Public Hearing open and called for Staff's report. Mr. Williams pointed out that at the meeting of August 23rd, Staff had stated that this was a unique set of circumstances in that this was the last remaining piece of property on Panorama left to be developed, and since it is commercial, the waiver of the requirement to underground utilities was not possible. He referred to a letter from Mr. John September 13, 1979 Page 2 MINUTES REGULAR CITY COUNCIL MEETING iC * * 4 J: :: is '* is * is * * * * V V JC * * * * * .. n" .. 7: iC is VII. PUBLIC HEARINGS (Continued) A. CASE NO. TT 15082, DON LAWRENZ (Continued): Outcault, architect for the project, which outlined the cir- cumstances in this case and noted they were correct. There are no poles on this property and the fact that it would cost $100,000 to underground 70 feet of utility lines made this an inordinate requirement. Mr. Williams concluded his presentation by stating that Staff recommended that the applicant be allowed to enter into an agreement to participate in an undergrounding district if one were formed in the future. This suggestion was incorporated as Standard Condition No. 7 in amended Resolution No. 79-101A. Councilman Wilson noted that he had visited the site since the last meeting and that he now agreed with the Staff's recommenda- tion. Councilman Brush noted that he had read the minutes of the previous meeting since he had been absent for this hearing. Mayor Mullins invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-101A. Motion carried on a 3-1-1 vote, with Councilman Newbrander voting NO and Councilman McPherson ABSENT. Councilman Newbrander explained her NO vote by stating that she was not opposed to this project's undergrounding, but she was opposed to it being built at all. B. CASE NO. ZOA 03-79, CITY OF PALM DESERT, APPLICANT: CONSIDERA- TION OF A REQUEST FOR AMENDMENTS TO THE ZONING ORDINANCE TEXT (MUNICIPAL CODE SECTIONS 25.30.230D AND 25.58.310) RELATIVE TO THE MAXIMUM BUILDING HEIGHT AND PARKING REQUIREMENTS FOR DEVELOP- MENTS IN THE PC (3) (PLANNED COMMERCIAL, REGIONAL) ZONE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams reported that the requested revision would increase the maximum building height in PC (3) Zones from 30 feet to 35 feet and would decrease the parking require- ments from 5.5 spaces per each 1,000 square feet of gross floor area to 5.0. He stated that it was Staff's opinion that there was a need for these amendments to reflect the current evaluation of viable development standards. He also pointed out the the City/Redevelopment Agency Traffic Consultant, Barton/Ashman, had provided survey information which indicated that our present standards were excessive. Councilman Wilson stated that he felt the 35' building height was reasonable. However, he saw a problem in reducing the parking ration from 5.5 to 5.0 spaces per 1,000. The standards referred to in the study developed talked about averages, many of which are in metropolitan areas. We have a unique area where there is normally private transportation rather than public, and regional centers will attract more automobiles in our area than in a metropolitan area. He stated that it was easier to correct an error in too much parking than in not enough. Mayor Mullins invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and the following was offered. MR. ROFMO PULUQI, 73-340 Highway 111, Palm Desert, addressed Council stating that the building heights and parking require- ments should be left as they were decided years ago. He felt the changes were being requested to accommodate one developer. and this was not fair to the businessmen already here. September 13, 1979 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * * * * i*: * is * * n * * * * i': * * * i. * * is * * * VII. PUBLIC HEARINGS (Continued) B. CASE NO. ZOA 03-79 (Continued): Mayor Mullins declared the Public Hearing closed. Councilman Wilson stated that even with the 5.5 parking require- ment at Palms To Pines Phase II, there still was not enough parking. He reiterated his earlier statement that it would be easier to correct a problem of too much parking. Councilman Brush asked Mr. Williams if he had reviewed the parking require- ments of developments such as Gemco and Fed Mart in Indio, and Mr. Williams replied that Staff had not. Councilman Newbrander stated that this was a unique area, and she felt that there would be times when one family might visit the shopping center and take two cars, thus necessitating additional parking. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 213 to second reading, amending Section 25.58.310 to read "5.5 spaces for each 1,000 sq. ft. of gross leasable area". Motion carried unanimously with the members present. C. REQUEST FOR AUTHORIZATION FOR TRANSFER OF PROPERTY IN EXCHANGE FOR SIMILAR PROrhtui REQUIRED FOR THE WIDENING OF MONTEREY ROAD. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Ortega reported that approximately one year ago, Council had approved the acquiring of property for eventual widening of Monterey Road. Staff had been successful in obtaining two lots from an owner who did not want to sell just one. Staff was now faced with an owner who did not wish to sell her lot, but preferred to obtain another lot in exchange for the one the City needed. This could be accomplished by a straight across-the-board trade in accordance with the provisions set forth in the proposed Resolution No. 79-108. Mr. Ortega noted that all legal requirements had been met relative to this trade of property in that notices had been both published and posted on the property. Mayor Mullins invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-108. Motion carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 79-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1979/80 BUDGET TO PROVIDE FOR THE SUPPLEMENTAL COSTS OF INSTALLING THE TRAFFIC SIGNAL SYSTEM AT HIGHWAY 111 AND DEEP CANYON. Mr. Ortega stated that the traffic signal in question was one that had been completed for over 3 years. However, Cal Trans has just done a final audit and found additional costs. The City had agreed to pay a certain portion of the cost of the signal, so we are responsible for a portion of the overage. However, this money was not budgeted and a resolution amending the 1979/80 budget is required. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-109. Motion carried unani- mously with the members present. September 13, 1979 Page 4 MINUTES REGULAR CITY COUNCIL MEETING n' * * * is * * X * * * is :': is is is is is is is i': is Z': :': is * * is * * :: * `.': * * * .': * * -III. RESOLUTIONS (Continued) B. RESOLUTION N0. 79-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT, CALIFORNIA. Mr. Ortega reported that the City had allocated funds for the Sheriff's services in the 1978/79 budget to provide for an increase from a 48-hour day to 60-hour day manpower. The proposed resolution formalizes that action to appropriate increased costs for the additional services and amends the contract to include such increased service. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-110. Motion carried unanimously with the members present. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER 1 matter sented E. REQUEST FOR FLOOD DRAINAGE CORRECTIONS From Property Owners of Setting Sun Trail, Palm Desert, California. Councilman Newbrander stated that she requested this be with- drawn for discussion in that the people who submitted this should be recognized and praised for the excellence of their report as well as their sound suggestions. Councilman Wilson inquired as to how long it would be before these people could expect some type of response and it was advised it would be 3-4 weeks. Councilman Wilson moved and Councilman Brush seconded to to the City Manager for Study and Report, said report to in 30 days. Motion carried unanimously with the members J. REQUEST FOR APPROVAL of Final Tract Map No. 11883-1, Properties, Inc., Applicant. Councilman Newbrander advised that she had requested removed so that she could vote against it. refer the be pre - present. Tiffany this be Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-107. Motion carried on a -1-1 vote, with Councilman Newbrander voting NO and Councilman McPherson ABSENT. I. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT NO. 1022, RANCHO ROAD IMPROVE- MENTS (MASSEY SAND AND ROCK COMPANY, CONTRACTOR). September 13, 1979 Page 5 MINUTES REGULAR CITY COUNCIL MEETING .c n' * n * * * * * * * * * J * * * * .. * n' * * iV i?: i* * 7C * iti ��C iv Mr. Ortega stated that this would be the last time Council would hear of this project except to pay some bills. He pointed out that this project has a substantial amount of Federal money involved in it, and everything involving the Federal government brings in two or three different agencies, thus taking longer to accomplish. Federal monies equate to approximately $290,000. Mr. Beebe stated that the contractor had been given 120 days within which to complete this project in that two pumps had to be ordered from New Jersey, said pumps to arrive in two months. Also, because of the low dollar amount of the bid, the City would be able to add two catch basins that had been previously eliminated because of lack of funds. Mr. Ortega noted that this whole project will cost the resi- dents of the Rancho Road Area nothing. Councilman Wilson moved and Councilman Brush seconded to authorize the Mayor and City Clerk to execute Contract No. 1022 with Massey Sand & Rock Company. Motion carried unanimously with the members present. XIV. ORAL COMMUNICATIONS MR. ROMEO PULUQI, 74-340 Highway 111, Palm Desert, addressed Council relative to the bad traffic situation on the alley between San Marcos and Las Palmas. He indicated that not only did the alley need street repair, but also "NO PARKING" signs should be put up to prevent what he felt were inevitable accidents. Council advised that this matter would be taken up during the Redevelopment Agency Meeting, immediately fol- lowing the Council Meeting. MR. FREDERICK THON, Garden Square Circle, Palm Desert, inquired as to when the Council would be meeting with the Parks & Recreation Commission to discuss some suggestions the Commission would like to present. Mayor Mullins advised that the joint meeting would be held in the very near future. MR. THON also inquired as to the status of the formation of a Citizens Advisory Committee on Flood Control. Mayor Mullins responded that this matter was being discussedand would be considered in the near future. XV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Ortega stated that a request had been received from the Palm Desert Community Services District for a waiver of their Conditional Use Permit Fees in that they were a non-profit agency. Councilman Wilson moved and Councilman Newbrander seconded to waive the CUP fees for the Palm Desert Community Services District. Motion carried unanimously.with the members present. 2. RESOLUTION NO. 79-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF THE PERIPHERAL CANAL PROJECT AND OF THE PERIPHERAL CANAL AS A FEATURE OF THE STATE WATER PLAN. Mr. Ortega explained that Senator Craven has requested support of the State Water Project which has never been completed in the northern portion of the State and which Southern California will badly need in the future. This resolution extends such support from the City. September 13, 1979 Page 6 MINUTES REGULAR CITY COUNCIL MEETING * * V J: n�� i�: * * * * i' * IC * `�C '�: n i�C i� * i�C is * i�C is * n 'C * .: i �� �). . ��* * XV. REPORTS AND REMARKS (Continued) A. CITY MANAGER (Continued) 2. RESOLUTION NO. 79-111 (Continued) Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-111. Motion carried unanimously with the members present. 1 XV I . B. CITY ATTORNEY - None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins invited Mr. Dave Ortegel, City Fire Marshal, to make a presentation relative to the City's paid Volunteer Firemen Program. Mr. Ortegel reviewed the entire volunteer program, stressing the continuing need for volunteer firemen. He pointed out that the program now had 10 volunteers, but 20 were needed. He reviewed the pay program and the training required to become a volunteer. Council asked the press to please make the pubic aware of the need in this area. FUTURE MEETINGS: Sept. 18, 1979 1:00 p.m. Special Design Review Board Meeting Hahn Shopping Center City Hall Council Chambers Sept. 19, 1979 1:00 p.m. Planning Commission Meeting City Hall Council Chambers Sept. 20, 1979 5:30 p.m. City Council Study Session City Hall Administrative Offices Sept. 24, 1979 7:00 p.m. Parks & Recreation Commission Mtg. City Hall Council Chambers Sept. 25, 1979 12:00 p.m. Design Review Board Meeting City Hall Council Chambers Sept. 26, 1979 1:30 p.m. Land Division Committee Meeting City Hall Council Chambers Sept. 27, 1979 5:30 p.m. City Council Study Session City Hall Administrative Offices 7:00 p.m. City Council Meeting City Hall Council Chambers ADJOURNMENT Councilman Wilson moved and Councilman Newbrander seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at 8:07 p.m. 1',)( RD D. 'MULLINS , MAYOR ATTEST: -/ SHEILA R. GILL'4IGAN, CIT CLERK September 13, 1979 Page 7