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HomeMy WebLinkAbout1980-10-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 23, 1980 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. CALL TO ORDER Mayor Wilson called the Regular Meeting of the Palm Desert City Council to order at 7:05 p.m. on Thursday, October 23, 1980, in City Hall Council Chambers. II. PLEDGE - Councilman Walter H. Snyder III. INVOCATION - Councilman Alexis D. Newbrander IV. ROLL CALL Present: 1 Mayor Pro-Tempore James E. McPherson Councilman Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul E. Byers, Director of Finance Stan Sawa, Associate Planner Jack Campbell, Acting Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 9, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Demand Nos. 81-021, 81-031, 81-035, and 81-041. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF SEPTEMBER, 1980. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE For VILLAGE BOOTLEGGER, INC., 73-468 Palm Desert Drive, Palm .Desert, California. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE For SULTAN, INT'L., IN., 46-460 Highway 74, Palm Desert, California. Rec: Receive and file. F. REQUEST FOR FINAL ACCEPTANCE OF WORK FOR CONTRACT NO. 1031, ALAMO DRIVE STREET IMPROVEMENTS. Rec: Accept the work as complete and authorize the City Clerk to file a Notice of Completion. October 23, 1980 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CLAENDAR (Continued) G. REQUEST FOR FINAL ACCEPTANCE OF WORK FOR CONTRACT NO. 1025, PORTOLA AVENUE IMPROVEMENTS, EAST SIDE. Rec: Accept the work as complete and authorize the City Clerk to file a Notice of Completion. H. RESOLUTION OF THE CITY OF ORANGE Urging the Governor to Lift The Odd -Even Gas Distribution System Immediately. Rec: Receive and file. I. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION MEETING Of September 11, 1980, And October 9, 1980. Rec: Receive and file. K. CLAIM AGAINST THE CITY By Desert Gastroeterology Medical Group, Inc. For Alleged Traffic Accident Injuries ($2,102.10). Rec: Deny the claim and instruct the City Clerk to so advise the Claimant. L L. CLAIM AGAINST THE CITY By Owners & Occupants Of Desert Dorado Condominiums For Alleged Flood Damage (Approximately $18,000.00). Rec: Deny the claim and instruct the City Clerk to so advise the Claimants. M. CITY FINANCIAL STATEMENT - FISCAL YEAR ENDED JUNE 30, 1980 Rec: Receive and file. Councilman Newbrander moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. ORAL COMMUNCIATIONS - A MR. GARY K. ROLLINGS, 69-800 Highway 111, Rancho Mirage, addressed Council asking for consideration of a temporary variance from the Zoning Ordinance that prohibits trucks over one ton being parked in a residential zone. He explained that his firm is providing a new kind of towing service with a flatbed tow truck, and they were also providing response time of 15 minutes. However, until they were better established, one of his employees was parking the truck in his driveway on Yucca Tree in Palm Desert in an effort to provide the expeditious response time. He felt that they would have a permanent business address for the vehicles within 30-60 days and requested the temporary variance in order to get relief from a citation he had been issued. After considerable Council discussion, Mr. Rollings was asked to work with Staff for a temporary solution to the problem. MR. MIKE GANAKAS, 38-900 Island Drive, Rancho Mirage, addressed Council as the owner of Clocks of the World and the Smoke Shop on El Paseo. He stated that he had been cited for violation of the sign ordinance in that he had a wooden statue of an Indian in front of his store. He passed pictures around to the Council showing other businesses in town who had similar violations and requested that he be allowed to leave his symbol of a smoke shop out. He pointed out that he had to appear in court the following morning. Councilman Puluqi stated that he had personally spoken with Mr. Ganakas and advised him to follow the necessary procedures for filing a variance request. Council asked Mr. Ganakas to visit City Hall and file the necessary paperwork for proper Council review. October 23, 1980 Page 2 MINUTES -- REGULAR CITY COUNCIL MEETING * is n is * .� * is * is * * * * * is * * JC * * L VII. ORAL COMMUNICATIONS - A (Continued) MR. TOM HOMRIGHAUSEN, 44-695 E. San Benito, Palm Desert, addressed Council on behalf of his wife, June Meyers. He stated that she had written several letters to the City, including one to the Mayor, and that they have had no response relative to a flooding problem on San Benito. He read the correspondence. Mayor Wilson expressed his apology in that he had received the letter and forwarded it to Staff and thought it had been answered. He stated he had telephoned Mrs. Meyers neighbor, however. Councilman Puluqi stated that there was a problem in that area in that the drainage pipe under Highway 111 dumped the water into the parking lot of his restaurant and from there it went onto San Benito. Council directed Staff to look into the problem and provide some type of solution. MRS. GENEVIEVE CAMPBELL, 44-680 San Benito, Palm Desert, addressed Council stating that she had been assessed a $48.00 Fire Service Tax rather than $24.00 which should be applied to her vacant lot. 1 Council asked Mrs. Campbell to either call or stop and see the City Clerk so that the matter can be corrected. MR. HENRY HOYLE, 73-426 Broken Arrow, Palm Desert, addressed Council as owner of a business at 73-710 El Paseo and complaining about the timing of the parking lot construction. He stated that he felt the project could have been started in July and did not understand the delay. He asked to have a timetable of events drawn up showing why the project took so long in commencing. Councilman McPherson stated that Mr. Hoyle had been on the committee of merchants who had requested that the parking lot design be changed. This change alone had caused long delay. Subsequent to new design, the plans had to go before the Design Review Board, the Planning Commission, and the Redevelopment Agency all of which caused delay, not to mention the time in advertising for bids and final award of bid. He pointed out that the City had worked very hard to please the merchants in the design and was sorry to hear dismay now. Mayor Wilson suggested that it would be a good idea to prepare a timetable of events leading up to the construction of the parking lots. Council concurred, and Staff was directed to do so. VIII. PUBLIC HEARINGS A. CASE NO. VAR 06-80, QRS CORPORATION FOR ANAHEIM SAVINGS, APPLICANT: CONSIDERATION OF AN APPEAL OF APPROVAL OF A VARIANCE (EXCEPTION) FROM SIGN ORDINANCE STANDARDS WHICH, AS APPROVED, ALLOWS TWO (2) MAIN SIGNS, ONE OF WHICH WOULD BE A FREESTANDING SIGN LOCATED WITHIN THE C-1, S.P. (GENERAL COMMERCIAL, SCENIC PRESERVATION OVERLAY) ZONE, LOCATED AT THE NORTHWEST CORNER OF EL PASEO AND SAN PABLO AVENUE. Mayor Wilson declared the Public Hearing open and called on Staff for report. Mr. Stan Sawa, Associate Planner, presented the Staff report and reviewed the Planning Commission's justification for allowing the freestanding sign. Mayor Wilson invited input in FAVOR of the appeal. PHYLLIS JACKSON, 73-665 Desert Circle Drive, Palm Desert, stated that she did not feel the sign should be permitted in that as a member of the Design Review Board she had seen many others denied. She felt it would be a dangerous prece- dent to set and that others who had requested similar signs and had been refused had good reason then to be upset. October 23, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * :'c * k * :'c * ;Y ;; :'c k !c * * * c ;c * * ;': 'c :: :: * * * * :'c .. * * * * * * * * Mayor Wilson invited input in OPPOSITION to the appeal. MR. BOB VAN GERPEN, 1002 Geneva Street, Glendale, spoke on behalf of the applicant and stated that his company had been contracted with for the sign work of the bank. He pointed out that they had been asked by the Planning Commission to redesign the signs and after doing so, the Commission did approve the variance. He stated that Anaheim Savings did not have any street signage, so the freestanding sign was felt necessary. MRS. DOROTHY DOBOLSKI, 73-293 Haystack, Palm Desert, addressed Council as Manager of Anaheim Savings & Loan. She stated that many of their customers are from out of the area, using this branch for their needs. The sign is necessary in that the bank is difficult to find. Councilman Puluqi asked Mrs. Dobolski if they had known about the Sign Ordinance prior to moving into this location, and she responded they had know but felt they could get a variance. Mayor Wilson asked what signing was allowed for this case under the ordinance. Mr. Sawa responded that one main sign is permitted. Councilman Newbrander stated that she had been responsible for filing the appeal of the variance. She felt that it was very easy to identify the location of the business with just one main sign. MR. CHARLES MILLER, Chairman of the Planning Commission, addressed Council stating that the Commission had granted the request based on the knowledge that in the future, the bank will occupy the entire building whereas now two other businesses are also in there. Mayor Wilson declared the Public Hearing closed. Mayor Wilson stated he had listened to the tape of the Commission meeting where this was discussed, and he knew that much thought and deliberation went into the Commission's decision. Councilman Puluqi stated that if the bank occupied the entire building, he would be in favor of the variance. However, at this time, permitting it would only open the door for the two other businesses to request freestanding signs. Councilman Snyder stated that he understood the problem of trying to identify businesses, and he recognized the amount of study the Planning Conunission went through. However, the City does indeed have a sign ordinance, and if we do not live with it, why have it. There was a problem in the ordi- nance, and it was recently modified. However, he agreed with the other provisions of the ordinance. Councilman McPherson stated that he would abstain from voting and therefore would not enter into the discussions. Councilman Newbrander stated that she felt the Commission's decision was inappropriate. The Council has refused others freestanding signs, and to do so now would be a dangerous precedent. Mayor Wilson stated he had strong reservations about free- standing signs and the danger of setting a precedent. Mayor Wilson reopened the Public Hearing to ask a question of the applicant. Upon question by Mayor Wilson, Mrs. Dobolski responded that it was hard for her to say whether or not they could change the entrance to the bank when they occupy the entire building. nnr„t,o,- 91 10Q0 MINUTES REGULAR CITY COUNCIL MELTING i is is is i�: is i�: is * ��: is J: is is V is n i,: is n is �. is i. is is iC iC is 'C .. .. .. i. i. . .. n �. VIII. PUBLIC HEARINGS (Continued) Councilman Newbrander moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-130, which would deny the variance. Motion carried on a 4-0-1 vote, with Councilman McPherson ABSTAINING. __IX. RESOLUTIONS None X. ORDINANCES For Introduction: A. ORDINANCE NO. 234 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE DISPLAY OF DRUG PARAPHERNALIA AND PROHIBITING THE SALE THEREOF TO MINORS. Mr. Bouman stated that this was an ordinance prepared and pre- sented by the City Attorney in response to what is anticipated to possibly be a problem in view of similar ordinances being adopted in Indio and Palm Springs. It puts restrictions pro- hibiting the display and sale of drug paraphernalia to minors. We don't at this moment have this kind of problem, but in anticipation of this kind of activity moving here, we feel this would discourage them. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and pass Ordinance No. 234 to second reading. Motion carried unanimously. 1 B. ORDINANCE NO. 233 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING ORDINANCE NO. 220, CHAPTER 6.05 AND 6.08, RELATING TO ANIMAL CONTACT AND ANIMALS RUNNING AT LARGE. Mr. Bouman stated that the City's Code Enforcement Supervisor had requested that this item be continued to the next Council meeting. Councilman McPherson moved and Councilman Snyder seconded to con- tinue the matter to the meeting of November 13, 1980. Motion carried unanimously. For Adoption: A. ORDINANCE NO. 231 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 1.12.030, 1.12.040, 20.01.020, AND 25.96.040 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA. Mr. Bouman stated that this ordinance made certain kinds of misdemeanors infractions. There had been no further input since the first reading. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 231. Motion carried unani- ously. B. ORDINANCE NO. 232 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 8, CHAPTER 8.08, SECTION 8.08.080, OF THE PALM DESERT MUNICIPAL CODE. Mr. Bouman reported that this ordinance changed the fees for posting and grading of restaurants to bring them into line with that charged by the County. There had been no further input since first reading of the Ordinance. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 232. Motion carried unani- mously. October 23, 1980 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * J * is * * * n' .. i*: * * * * * * * * * J: is is * * * * XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF PROFESSIONAL CONSULTING PLAN CHECK SEKVIULS FOR THE PALM DESERT TOWN CENTER Mr. Bouman reported that the plans have been submitted for building permits for the mall section of the Town Center. That type of checking is beyond the capability of the City staff and thus the Director of Building & Safety is recom- mending that the services be performed by the International Conference of Building Officials in Los Angeles. Because of our membership in this organization, we will receive a discount. The cost will be approximately $20,000. Councilman Newbrander moved and Councilman McPherson seconded to authorize Staff to utilize the services of I.C.B.O. for plan checking for the Palm Desert Town Center. Motion carried unanimously. B. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR THE SIGNALIZATION OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE Mr. Bouman reported that this is an action in which the City will carry out a previously authorized plan. We are ready to construct this signal as a joint project with the City of Rancho Mirage. Councilman Newbrander moved and Councilman McPherson seconded to approve the request and authorize the City Clerk to advertise for bids. Motion carried unanimously. XIII. CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR THE SIGNALIZATION OF MONTEREY AVENUE, GRAN VIA AND LAS PALMAS (Continued from the Council Meeting of October 9, 1980. Mr. Bouman reported that this was continued to give members of the Council an opportunity to inspect the intersection. If Council approves this request, Staff would combine this signalization with that at Monterey and Cook in the bidding process. Mayor Wilson stated that the item had been continued to allow him to inspect the intersection in that he felt that a signal was not necessary there. He also opposed too many signals being installed in town. He stated that he did make this inspection and still did not feel that the intersection needed signalization. Councilman Newbrander stated she favored the installation in that the signal would only be activated when traffic exited the Country Club. Councilman McPherson moved and Councilman Newbrander seconded to approve the request and authorize the City Clerk to advertise for bids. Motion carried on a 4-1 vote with Mayor Wilson voting NO. B. REQUEST FOR APPROVAL OF JOING POWERS AGREEMENT, SECOND AMENDMENT, FOR PERFORMANCE OF SERVICES FOR REGULATION AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS. (Continued from Council Meeting of October 9, 1980.) Mr. Bouman stated that the Code Enforcment Supervisor had requested a continuance of this matter. Councilman McPherson moved and Councilman Puluqi seconded to continue the item to the meeting of November 13, 1980. Motion carried unanimously. October 23, 1980 PaaP 6 MINUTES REGULAR CITY COUNCIL ME" TNG iC * n n * * * is 'n * *i�: * 'n ill, * n' is X 'n is * * iC * iC 'n' * * is V i'C •fr XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B MR. RICHARD DOYLE, 73-465 Little Bend Trail, Palm Desert, addressed Council on behalf of property owners in the Silver Spur area and stated they were experiencing a rash of vandalism such as broken windows, lights shot out with pellet guns, etc. Council directed Staff to contact the Sheriff's Department with regards to this problem and request extra patrol. XVI. REPORTS AND REMARKS A. CITY MANAGER RESOLUTION NO. 80-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A DEED FOR PROPERTY PURCHASED BY THE CITY IN ACCORDANCE WITH THE COD SPECIFIC PLAN AND DIRECTING THE CITY CLERK TO RECORD SAID DEED Mr. Bouman reported that this was the City's final action in accepting a deed for Lot #313 of Unit 12 in conformance with the College of the Desert Specific Plan. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-129. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson announced that the Council had discussed in Study Session various ways of accomplishing the beautifica- tion of the downtown area. He stated that the Council would like to invite interested members of the community to par- ticipate on a citizens committee to tackle the issue, parti- cularyly the Highway 111 median strip and the side areas and the remainder of the El Paseo median strip. He asked the press, in conjunction with the City's Information Officer, to put the word out that the City was inviting applicants to contact the City Clerk's office. He pointed out that Council would like to keep the committee small and comprised of people who have a definite interest. Mayor Wilson asked that everyone note the future meetings listed on the Agenda. Mayor Wilson announced that a special study session would be held at 5:00 p.m. on November 6th. He also advised that the Council would return to Study Session immediately following adjournment of the Redevelopment Agency meeting. (V. ADJOURNMENT Councilman McPherson moved and Councilman Puluqi seconded to adjourn the meeting. Motion carried unanimously. Mayor Wilson adjourned the meet- ing at 8:46 p.m. S. ' WI ON, MAYOR ATTEST: t/Zi) SHEILA R. GILLIGAN, CIT CITY OF PALM DESERT, CA1 FORNIA October 23, 1980 Page 7