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HomeMy WebLinkAbout1981-10-22MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 22, 1981 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson III. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander IV. ROLL CALL Present: Councilman James E. McPherson Mayor Pro-Tempore Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Mr. Ramon Diaz, Director of Environmental Services Mr. Barry McClellan, Director of Public Works Mr. Paul Byers, Director of Finance V. AWARDS, PRESENTATIONS AND APPOINTMENTS A. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. GEORGE V. BERKEY FOR HIS SERVICES AS A PLANNING COMMISSIONER. Mayor Wilson stated that the City had been very fortunate to have had a man with Mr. Berkey's qualifications serving on the Planning Commission for the past seven years. He noted that Mr. Berkey was not new to public service and that he had served as a former member of the County Board of Supervisors for many years. Had it not been for the City's ordinance which prohibits any one member from serving more than two full terms on the Commission, the City would not be losing Mr. Berkey. Mayor Wilson, on behalf of the entire Council, extended sincere appreciation to Mr. Berkey for the countless hours expended during his tenure on the Commission and presented him with a Plaque of Appreciation. Mr. Berkey addressed the Council and extended his sincere appreciation for the opportunity to serve his city. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of October 8, 1981. Rec: Approved as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 82-041. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF SEPTEMBER, 1981. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING October 22, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR (Continued) D. REQUEST FOR REFUND of Prior Year's Revenue to Mr. Cecil Hartman, Palm Desert Building Inspector. Rec: Approve the Request and Authorize the Refund in the Amount of $198.00 from Account 1101-4980-000. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mary Bigger for BIG M's, 73-579 Highway 111, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marjorie E. O'Donnell for the BRANDING IRON, 73-098 Palm Desert Drive, Palm Desert. Rec: Receive and file. G. REQUEST FOR WAIVER OF STREET MODIFICATION REQUIREMENTS AT SAN GORGONIO AND SAN ANTONIO CIRCLE By Messrs. Richard C. Sloane and Clyde O. Wallichs. Rec: Receive and file as mutually acceptable agreement has been made. H. REQUEST FOR CONSIDERATION OF STREET NAME CHANGE FROM COUNTRY CLUB DRIVE TO GERALD FORD DRIVE By The Palm Desert Chamber of Commerce. Rec: Receive and direct Staff to schedule for Public Hearing on November 5, 1981. Upon motion by Newbrander, second by McPherson, the Consent Calendar was unanimously approved as presented. VII. ORAL COMMUNICATIONS - A MS. MONICA MOORE, 72-810 Citrus Street, Palm Desert, addressed the Council as a member of the Board of Realtors Governmental Affairs Committee. She commended the City's Street Beautification Committee, noting that they had made several recommendations to the Council and asked what was being done to implement these plans. Mr. McClellan responded stating that three main recommendations had come from the committee in May of 1981. One was the installation and upgrading of sprinklers on the Frontage Road. He noted that this has been accomplished. In addition, the committee had recommended the planting of trees along the Frontage Road, and this has been delayed until the end of summer due to the fact that the summer heat is not kind to newly planted trees. He noted that the planting had also been delayed for the return of Mrs. Henderson, and he had just been advised that she was back in town. Staff has finished schematics for installation of curb and gutter along Highway 111 and is awaiting approval from Caltrans. Finally, he noted that the committee had proposed to work with local businessmen to encourage them to landscape in front of their businesses in the Frontage Road area. He apologized for the delay, but explained that it was inevitable when having to work with other agencies. VIII. PUBLIC HEARINGS A. CONSIDERATION OF LOT CLEANING ABATEMENT ASSESSMENTS ON PROPERTY OWNERS WITHIN THE CITY OF PALM DESERT. -2- • ,w MINUTES REGULAR CITY COUNCIL MEETING October 22, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. PUBLIC HEARINGS (Continued) A. LOT CLEANING ABATEMENT ASSESSMENTS (Continued) Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Bouman stated that this was the action required to pursue the assessment of charges against lots that have been required to be cleaned by the City as nuisances or fire hazards. He noted that this was a routine procedure which had to be followed in accordance with law. He concluded by asking that the assessment against Parcel No. 627-052-033-2 be deleted from the proposed resolution inasmuch as it has been paid. Mayor Wilson invited input from the public, and none was offered. He declared the Public Hearing Closed. Upon motion by Snyder, second by McPherson, Resolution No. 81-138 was unanimously adopted as amended. B. CASE NO. C/Z 07-81, DAVID FREEDMAN, INC. AND BALLEW/MCFARLAND, APPLICANTS: REQUEST FOR APPROVAL OF A PREANNEXATION CHANGE OF ZONE FROM W-2-20 (RIVERSIDE COUNTY) TO PR-5 (PLANNED RESIDENTIAL, 5 D.U./ACRE) (300 ACRES) AND PC (2) (PLANNED DISTRICT COMMERCIAL CENTER) (20 ACRES) AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 320 ACRES ON PROPERTY LOCATED AT THE FUTURE INTERSECTION OF FRANK SINATRA DRIVE AND MONTEREY AVENUE. Mayor Wilson declared the Public Hearing Open and called on Staff for their report. Mr. Diaz reviewed the Staff Report in detail. He noted that the General Plan indicates the area as Low Density Residential (3-5 units to the acre), with some District Commercial at the northwest corner of the site. The proposal, therefore, is in compliance with the General Plan and Staff recommended approval. Mayor Wilson invited input from the applicant MS. PATRICIA MARTIN, Ballew-McFarland, addressed Council on behalf of the applicant. She noted that she had nothing to add to the Staff Report and respectfully requested Council's approval. Mayor Wilson invited input in FAVOR of the proposal, and none was offered. He invited input in OPPOSITION to the request, and the following questions were raised: MR. JOHN EWING, Palm Desert Greens, addressed Council indicating that this proposed development was within 100 ft. of his property and yet he had not been notified of the hearing. Mayor Wilson explained that this was a hearing on the change of zone, not approval of the Development Plan. At the time of approval of the Development Plan, property owners within 300 ft. will be notified. LUCILLE FROSS, Palm Desert Greens, addressed Council inquiring as to the approval of the Commercial within this zone change request. Mr. Diaz responded explaining what type of commercial would be allowed under the change. Mayor Wilson declared the Public Hearing Closed. Mayor Wilson asked whether or not 20 acres of commercial was excessive for the area in which it was proposed. Mr. Diaz responded that there is no other commerrcial in that particular area, and this will provide for small stores such as grocery stores and other neighborhood facilities. - 3- MINUTES REGULAR CITY COUNCIL MEETING October 22, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. PUBLIC HEARINGS (Continued) B. CASE NO. C/Z 07-81 (Continued) Upon motion by McPherson, second by Snyder, Ordinance No. 274 was unanimously passed to second reading. C. CASE NO. EIR 81-1 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF A REQUEST FOR CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CIVIC CENTER COMPLEX. Mayor Wilson declared the Public Hearing Open and called on Staff for their report. Mr. Diaz reviewed the Staff Report. He noted that the only written comment received was a statement from the Regional Water Quality Control Board that they had no comments. Accordingly, no response was necessary. Mr. Diaz noted that the EIR did outlined the adverse effects the proposed project would have on drainage, climate, and traffic circulation. He reviewed the mitigating measures that would resolve these adverse effects. In conclusion, Mr. Diaz recommended the adoption of Resolution No. 81-139, certifying the Final Environmental Impact Report and adopting the mitigation measures contained therein. Mayor Wilson invited input in FAVOR or in OPPOSITION to the proposed EIR, and none was offered. He declared the Public Hearing Closed. Councilman McPherson commended Staff on an excellent job and noted that he was surprised that no one was present at the hearing to speak, especially since it had been such a controversial issue. Upon motion by McPherson, second by Newbrander, Resolution No. 81-139 was adopted on a 4-1 vote with Councilman Puluqi voting NO. D. CASE NO. CUP 09-80 - PALM DESERT MOBILE ESTATES (FORMERLY MARCO POLO PARK) AND HOUSLEY ASSOCIATES, APPLICANT: REQUEST FOR CONSIDERATION OF AN APPEAL TO CERTAIN CONDI- TIONS IMPOSED BY THE CITY OF PALM DESERT PLANNING COM- MISSION IN GRANTING A CONDITIONAL USE PERMIT (C.U.P) TO ALLOW THE ADDITION OF 24 MOBILE HOME SPACES IN AN EXISTING 144 SPACE PARK IN THE R-1-M ZONE ON THE WEST SIDE OF PORTOLA AVENUE, SOUTH OF THE WHITEWATER STORM CHANNEL. Councilman McPherson stated that he would abstain from participating in this hearing due to a possible conflict of interest. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the Staff Report in detail noting that the applicant was requesting deletion of two conditions from the Planning Commission Resolution which approved their request. One dealt with full public street improvements and dedication, including traffic safety lighting along Magnesia Falls Drive, and the second dealt with plans for protective measures along the Whitewater Storm Channel, which would be submitted to the Coachella Valley Water District for review. He noted that the City had received a letter from the Water District (attached and made a part hereof as Exhibit "A") indicating that the property had originally been listed as being adjacent to the Channel. Since this has been found in error, the condition is moot and thus not applicable. He reviewed the Commission's justification for the inclusion of the street improvement condition and stated that staff concurred. He concluded by stating that Staff recommended denial of the appeal by Resolution No. 81-140. Mayor Wilson invited input from the applicant. MR. HAROLD HOUSLEY addressed Council on behalf of the owner. He reviewed the history of the4project indicating that street improvements had be.:, •.made during the initial constructic.4.•, He noted that the cost for J MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * VIII. PUBLIC HEARINGS (Continued) October 22, 1981 * * * * * * * * * * * * * * * * * * D. CASE NO. CUP 09-89 (Continued) installation of these improvements would be approximately $92,000, making the proposed increase of 24 spaces in the mobile home park totally financially unfeasible. He asked Council's favorable consideration of his appeal. Mayor Wilson invited input in FAVOR of the appeal, and none was offered. He invited input in OPPPOSITION, and none was offered. He declared the Public Hearing Closed. Councilman Snyder noted that he was in sympathy with the applicant relative to the cost of construction. However, he felt that it was not good to set a precedent. He stated Council would be allowing a condition here that would not be allowed elsewhere, and the policy had been set forth in the past. Concilman Newbrander concurred. Upon motion by Snyder, second by Puluqi, Resolution No. 81-140 denying the appeal was adopted on a 4-0-1 vote with Councilman McPherson ABSTAINING. IX. RESOLUTIONS A. RESOLUTION NO. 81-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLUTION NO. 79-7 TO ESTABLISH A REVISED FEE SCHEDULE FOR ZONING ORDINANCE PROJECTS BY CHANGING THE FEE FOR ENVIRONMENTAL ASSESSMENTS. Mr. Diaz stated that, as indicated in Study Session approximately one month ago, the proposed increase in fees is merely a passthrough - a $100 raise in fees which is a direct result of the Master Environmental Assessment Program of which the City is a part and member. The $100 cost is what the City is being charged to do environmental assessments on projects, and this fee will be passed on the the developer. The $30 fee for processing plans remains unchanged. Upon motion by Newbrander, second by McPherson, Resolution No. 81-141 was unanimously adopted. B. RESOLUTION NO. 81-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1981-82 BUDGET TO PROVIDE FOR EXCESS COSTS OF THE LAS PALMAS HCD PROJECT. Mr. McClellan noted that this dealt with a project recently completed on Royal Palm Drive, Los Palmas Avenue, and San Gorgonio Way, westerly of San Pablo. The total cost of the contract was $75,618.41, and the total entitlement due the City is $69,524, leaving a balance of $6,100. He stated that there is a balance in the Street Resurfacing Program and recommended the money required be transferred from that account. Upon motion by McPherson, second by Newbrander, Resolution No. 81-142 was unanimously adopted. X. ORDINANCES For Introduction: None -5- MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * X. ORDINANCES (Continued) October 22, 1981 * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 272 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO CHAPTER 25.68 CONCERNING THE REGULATION OF SIGNS. CASE NO. ZOA 08-81. Mr. Bouman reported that no additional input had been received since the first reading of the ordinance. Mayor Wilson asked the City Clerk if the October 8th Public Hearing should also be noted in the first paragraph of the Ordinance. Mrs. Gilligan responded that it should be and that it would be so changed to reflect it. Upon motion by McPherson, second by Newbrander, Ordinance No. 272 was unanimously adopted. B. ORDINANCE NO. 273 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, CREATING SECTION 25.25 ESTABLISHING AN OFFICE PROFESSIONAL ZONE AND REGULATIONS. CASE NO. ZOA 11-81. Mr. Bouman noted that no further input had been received since the first reading of the Ordinance. Upon motion by Pulugi, second by McPherson, Ordinance No. 273 was unanimously adopted. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B MR. F. X. McDONALD addressed Council stating that Dame Construction Company had installed curb and gutter on his property directly across the street from their project, Chaparral Country Club on Portola Avenue. He noted that this had been done without his dedication of right-of-way. He stated that the property was valuable and that his loss was great in that this dealt with a 50 ft. strip running down the front of the property. He was prepared to file suit against the City and/or Dame' Construction Company. Mr. Erwin stated that to his knowledge, the City had never taken property from anyone without notifying them. He would look into the matter. Mr. McClellan noted that although Dame' Construction had installed curb and gutter on the opposite side of Portola, it had not been a City requirement. -6- MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * XV[. REPORTS AND REMARKS A. CITY MANAGER CABLE TV FRANCHISE October 22, 1981 * * * * * * * * * * * * * * * * * * Mr. Bouman stated that the matter of the Cable TV Franchise was being finalized and although it was continued specifically to this meeting, it had been inadverterntly left off the Agenda. He reported that the City had found a consultant to work with staff in trying to delineate the City's needs relative to this matter and asked for a motion from the Council establishing a continuance to the meeting of November 19th. Upon motion by McPherson, second by Newbrander, the matter of the Cable TV Franchise was continued to the meeting of November 19, 1981, by unanimous vcte. TRANSCOPIC - SPECIFICALLY 43-490 SAN YSIDRO, PALM DESERT Mr. Bouman reported that during Study Session, there had been a discussion relative to a lack of compliance by Transcopic to the City's requirements during construction of Tract No. 12556. Some of these shortcomings dealt with grading problems, perimeter wall heights, driveway cracks and reverse pitch on side door concrete landings. He noted that Transcopic had not responded to demands from propertyowners such as Mr. Don Shayler or the City's Department of Building and Safety. He requested a motion from Council to pursue this matter through the legal process as advised by the Deputy City Attorney. Upon motion by Newbrander, second by McPherson, the City Attorney was directed to proceed legally with this matter by unanimous vote. CVAG REQUEST RELATIVE TO BILLBOARDS Mr. Bouman noted that this request dealt with billboards and their applications. When an application for new billboards is made to the State Director of Transortation, the cities know nothing about them. This resolution asks the Director to require that such applications conform to local zoning and other regulations. He noted that Indian Wells, Rancho Mirage, and Indio had adopted similar resolutions, and he urged Council to do the same. Upon motion by McPherson, second by Snyder, Resolution No. 81-143 was unanimously adopted. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note that there would be a Study Session held on October 29th at 4:30 p.m. in City Hall Administrative Offices. Mayor Wilson also noted that due to the holidays in November and December, the Council would be meeting the first and third Thursdays of each month instead of the second and fourth. The regular schedule would resume in January of 1982. He also noted that the Redevelopment Agency meeting would be convened immediately following the Council meeting and upon adjourning the Agency meeting, Council would return to Study Session. -7- MINUTES REGULAR CITY COUNCIL MEETING October 22, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Upon motion by Newbrander, second by McPherson and unanimous vote, Mayor Wilson adjourned the Meeting at 8:50 p.m. to November 5, 1981, at 7:00 p.m. ATTEST: SHEILA R. GILLI N, CITY Cl,fiRK CITY OF PALM DESERT, CALVORNIA -8- tVro ?/ROY4WILSON,OR MINUTES REGULAR CITY COUNCIL MEETING October 22, 1981 EXHIBIT "A" ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651 DIRECTORS RAYMOND R. RJMMONDS. PRESIDENT TELLIS CODEKAS. VICE PRESIDENT JOHN P POWELL PAUL W. NICHOLS STEVE D. BUXTON October 22, 1981 Department of Environmental Services City of Palm Desert Post Office Box 1977 Palm Desert, California 92260 Gentlemen: J OFFICERS LOWELLO. WEEKS. GENERAL MANAGER -CHIEF ENGINEER BERNARDINE SUTION. SECRETARY VICTOR 8 HARDY. AUDITOR REDWINE AND SHERRILI. ATTORNEYS File: 0163.11 Re: Conditional Use Permit 09-80 In response to your letter of 15 October 1981 and to update our letter to you of 4 August 1981, the condition relating to additional protective works along the banks of Whitewater River Stormwater Channel should be rescinded. Drawing Number V06-0001, sheet 2 of 2 by Housley Associates dated 6 July 1981 which was transmitted to us for our original comments indicated that the proposed construction was adjacent to the Channel, which was later found to be in error. All of the other conditions listed in our letter of 4 August 1981 are unaffected by the error and remain intact. DBP:ra Very u1y yours, 441 - Lor 1 1 0. Weeks General Manager -Chief Eng neer TRUE CONSERVATION USE WATER WISELY - 9 -