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HomeMy WebLinkAbout1981-09-24MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 24, 1981 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the Palm Desert City Council to order at 7:05 p.m. 1 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-Tem 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 Carlos L. Ortega, Assistant City Manager Ray Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING THE WEEK OF OCTOBER 5 - 9, 1981, AS "FIRE PREVENTION WEEK IN RIVERSIDE COUNTY". Mayor Wilson read the proclamation and presented it to the City's Fire Marshal, Eric Vogt. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of September 10, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-024, 82-031, and 82-032. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF AUGUST, 1981. Rec: Receive and file. D. RESOLUTION NO. 81-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFICHED. Rec: Waive further reading and adopt. September 24, 1981 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR (Continued) E. CLAIM AGAINST THE CITY BY DIANA, ADAM, IRENE, LORAINE, AND PRICILLA DeLEON, 46-502 Monte Verde, Indio, California in the Amount of $1,000,000 for each Claimant. Rec: Reject the Claim and direct the City Clerk to notify the Claimants that the accident scene is not within the City of Palm Desert juris- diction. F. REQUEST FOR ACCEPTANCE OF WORK ON CONTRACT NO. 1043, MATICH CONSTRUCTORS, FOR STREET RESURFACING. Rec: Accept the work as complete and authorize the City Clerk to file a Notice of Completion. G. NOTICE OF CHANGE ORDER TO CONTRACT NO. 1039, ALLRED & KYSER CONSTRUCTION COMPANY IN THE AMOUNT OF $560.00. Rec: Receive and file. H. LETTER FROM ROBERT PITCHFORD ASSOCIATES, 73-960 El Paseo, Palm Desert, Requesting Consideration of an Amendment to the Zoning Ordinance. Rec: Receive and refer to Staff for further study. I. REQUEST FOR TEMPORARY ADVANCE TO LIGHTING MAINTENANCE DISTRICT - TRACT 8237. Rec: Authorize temporary advance of $1,000.00 from the Unobligated Fund Balance of the General Fund to Lighting Maintenance District - Tract 8237. J. REQUEST FOR RELEASE OF FAITHFUL PERFORMANCE BOND AND ACCEPTANCE OF MAINTENANCE BOND FOR TRACT NO. 13236, CLIFF SWANSON, APPLICANT. (Continued from Meeting of August 13, 1981.) Rec: Accept the offsite improvements as complete and authorize the City Clerk to release the Faithful Performance Surety and accept a Maintenance Guarantee Bond for a period of one year. K. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ah Fong Shou for CHINA GARDEN RESTAURANT, 73-196 Highway 111, Palm Desert. Rec: Receive and file. L. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Joe Campos Cabanyog for HOUSE OF PLANTS, 74-200 Highway 111, Palm Desert. Rec: Receive and file. M. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jo Ann Carlton De Cruz for VETRANO'S DELI, 74-063 Highway 111, Palm Desert. Rec: Receive and file. N. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Don Phillippi, Secretary, for SANTA ROSA COUNTRY CLUB, INC., 38-115 Portola, Palm Desert. Rec: Receive and file. September 24, 1981 Page 2 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR (Continued) Mayor Wilson asked that Item "E" be removed from the Consent Calendar for discussion under Section XI of the Agenda. Councilman Puluqi moved and Councilman Newbrander seconded to approve the Consent Calendar as presented with the exception of Item "E" —Motion carried unanimously. VII. ORAL COMMUNICATIONS - A Mr. Frank Baker, 73-165 Hovley Lane, Palm Desert, addressed Council relative to a dumping problem on his street. He explained that he had come to a Council Meeting about a month prior and that the situation had not improved. Mr. Bouman stated that the Code Enforcement Department had been working to resolve the problem. Mayor Wilson asked that a memo be given to Council relative to what progress was being made and asked Mr. Baker to telephone him for a report. VIII. PUBLIC HEARINGS 1 A. CASE NO. TT 14996, MACK DEVELOPMENT, INC., APPLICANT; REQUEST FOR APPROVAL OF A SIX-MONTH TIME EXTENSION TO A PREVIOUSLY APPROVED ONE-YEAR TIME EXTENSION FOR A 118 LOT SUBDIVISION FOR CONDOMINIUM PURPOSES ON APPROXIMATELY 25 ACRES WITHIN THE PR-5 (PLANNED RESIDENTIAL, MAXIMUM 5 D.U./ACRE) ZONE LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, APPROXIMATELY 1800 FEET EAST OF MONTEREY AVENUE. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report, stating that the request was in conformance with all State and City requirements. He recommended approval of the request. Mayor Wilson 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. Mr. Bouman noted that the proposed resolution should reflect the extension to 1982 rather than 1981. Upon motion by Newbrander, second by McPherson, Resolution No. 81-131 was unanimously adopted as amended. B. CASE NO. TT 18027, MOE HOFFMAN, HOFFMAN BUILDERS, INC., APPLI- CANT: REQUEST FOR APPROVAL OF A 7-LOT TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 5 DUPLEXES AND COMMON AREA ON 3.2 ACRES WITHIN THE R-2 (7) S.P. (SINGLE FAMILY RESIDENTIAL DISTRICT, 7 D.U.) 7,000 SQ. FT. OF LOT AREA, (SCENIC PRESERVATION OVER- LAY) ZONE AND PR-7 S.P. (PLANNED RESIDENTIAL 7 D.U./ACRE) ZONE LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE. Mayor Wilson declared the Public Hearing open and asked for Staff's report Mr. Diaz reveiwed the report in detail indicating Staff's recom- mendation for approval of the request. Mr. Diaz noted for the record that a letter had been received prior to the meeting from Donald L. Balch, 73-481 Pinyon St., in favor of the request. September 24, 1981 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII PUBLIC HEARINGS (Continued) B. CASE NO. TT 18026, MOE HOFFMAN (Continued) Mayor Wilson invited input either in FAVOR of or in OPPOSITION to the request. Mr. George Raymond, 72-862 Parkview Drive, Palm Desert, addressed Council as an adjacent property owner to the proposed development. He asked about undergrounding of utility poles, and whether or not a common wall would be constructed between his property and the project. Mr. Diaz responded that the applicant had been very willing to cooperate relative to the construction of a common wall. After review of the proposed resolu- tion for approval of the request, Mr. Diaz noted that two conditions had been inadvertently omitted - one dealing with undergrounding and one dealing with curb and gutter on Parkview. These should be added. Councilman Snyder stated that this request had been denied a few years ago because of the street dedica- tion. He asked why we were willing to give it up. Mr. Diaz responded that the owner had offered to dedicate in prior years but that the City had never accepted it. With this proposal, the developer will dedicate 30 feet on the west side of his property, creating a 90 degree intersection of Parkview and Fairhaven. However, the streets were never accepted by the City in the past. Councilman Snyder inquired as to the curb and gutter on Parkview. Mr. Diaz responded that this condition had been omitted and would be inserted in the resolu- tion. Mayor Wilson inquired as to whether condition #8 could require the developer to underground utility poles if they were not on his property. Dave Erwin responded that requiring off -site improvements was difficult and in addition, undergrounding of the poles would then require adjacent property owners to underground their hookups - a cost they did not anticipate. The simplest way would be an assessment district. Mayor Wilson declared the public hearing closed. Upon motion by McPherson and second by Newbrander, Resolution No. 81-132 was unanimously adopted as amended. C. CASE NO. ZOA 09-81, CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE CHAPTER 25.28 CONCERNING PROVISIONS FOR SEATING FOR RESTAURANTS AND RETAIL FOOD STORES. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the proposed ordinance in detail and indi- cated the following changes: - Outdoor Seating - Restaurants: Eliminates requirement for additional parking and amendment of original CUP when expanding seating area. September 24, 1981 Page 4 MINUTES _ REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. PUBLIC HEARINGS (Continued) 1 C. CASE NO. ZOA 09-81 (Continued) - Outdoor Seating - Commercial Center: New provision permitting a center to provide tables, chairs and sunshades within a common area for use by the general public upon meeting provisions of health, safety, and fire codes. - Incidental Seating: Eliminates reclassification as a restaurant and CUP and parking variance. Mr. Diaz concluded by' recommending approval of the proposed ordinance. Mayor Wilson invited input from the audience relative to the proposed changes, and none was offered. He declared the Public Hearing closed. Considerable Council discussion followed. Councilman McPherson stated his concern that the sidewalks would become cluttered with tables and chairs thus creating a pedestrian traffic problem. Mr. Diaz responded that this would be enforced by the City to ensure that they did not protrude too far into the pedestrian walkway. Councilman Puluqi stated disagreement with the number of tables allowed. He felt the it should be a per- centage of the inside seating capacity. He felt that tables of two were more desirable and questioned staff's feeling that it would create more parking problems. The following amendments were decided upon: Section 25.28.150 - " up to a total of three outdoor tables or a maximum seating of 12." Section 25.28.170 - " shall be entitled to two (2) serving tables or a maximum seating capacity of 8." Upon motion by Puluqi and second by Wilson, Ordinance No. 271 was passed to second reading as amended by a 4-1 vote with Councilman Newbrander voting NO. D. CASE NO. ZOA 08-81, CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE, CHAPTER 25.68, CONCERNING THE REGULATION OF SIGNS. Mayor Wilson declared the Public Hearing open and called for Staff's report. Mr. Diaz reviewed the proposed ordinance in detail, going over each individual change. He noted that the purpose of the ordinance was to make it more compatible with the needs of the City. Mayor Wilson invited input from the public, and none was offered. He declared the Public Hearing closed. Councilman Puluqi stated that he felt that reducing the height of free-standing signs from 12' to 8' was unfair to the individuals who have complied since the 12' limitation was put into effect. Mr. Diaz responded that this was an oversight on Staff's part and that the ordinance could be revised to include provisions for those individuals. Councilman McPherson stated that this was one of the most controversial and sensitive issues the City had September 24, 1981 Pacra MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. PUBLIC HEARINGS (Continued) D. CASE No. ZOA 08-81 (Continued) faced. He wondered if the philosophy of signs for identification rather than for advertising wasn't being lost. He also questioned the need for a regional center needing a sign at all inasmuch as they are a landmark in themselves. Mr. Diaz responded that in the case of the Hahn Center, the building itself will not be visible from Highway 111 and therefore a sign would be desirable. Councilman McPherson stated he would like to see more public input and a continuance of the hearing. Mayor Wilson agreed that the Council needed more public input. He recognized that there had been little or none at the Design Review Board hearings and the Planning Commission hearings. He asked that the media present help the Council in getting the word out that public input was needed. Councilman Newbrander asked why changes were being made to the ordinance when no public comment had been made. Mr. Diaz responded that concerns had been expressed by Council, the Design Review Board, and the Planning Com- mission during a joint study session. Mayor Wilson reopened the Public Hearing. Upon motion by McPherson, second by Newbrander, and unani- mous vote, the Public Hearing was continued to the meeting of October 8, 1981. Mayor Wilson asked that Staff prepare a report which would show the existing ordinance lined out and the changes typed in. Councilman Snyder stated that Staff had done a good job in attempting to correct errors in the ordinance and to clarify it. However, he agreed in the need for more input. IX. RESOLUTIONS A. RESOLUTION NO. 81-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT RELATING TO ANNEXATIONS TO THE CITY OF PALM DESERT, CALIFORNIA. Mr. Bouman explained that in the past, Council had been requested to adopt this type of resolution for each annexation processed for the City. However, the pro- posed resolution would cove1r all future annexations. He noted that the 25% property tax was a negotiated percentage and that CVAG was in the process of review- ing this percentage to determine if it was equitable. Upon motion by Newbrander and second by McPherson, Resolution No. 81-133 was unanimously adopted. X. ORDINANCES For Introduction: A. ORDINANCE NO. 268 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ISSUING A NON-EXCLUSIVE LICENSE TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE. (Continued from the City Council Meeting of September 10, 1981.) Mayor Wilson stated thatthis issue had been thoroughly September 24, 1981 Page 6 MINUTES REGULAR CITY COUNCIL MUTING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. ORDINANCES (Continued) A. ORDINANCE NO. 268 (Continued) discussed during Study Session with both sides present. It was the recommendation of the City Manager to continue the matter to the meeting of October 22, 1981. Mr. Bouman asked that in addition to the continuance, that staff be directed to negotiate with a consultant to assist the City with its decision. Councilman McPherson moved to continue the matter to the Council Meeting of October 22, 1981, rand to further direct Staff to start immediately to hire a capable consultant to assist in bringing back terms and conditions to the Council. Councilman Puluqi seconded the motion; carried unanimously. For Adoption: None XI. CONSENT ITEMS HELD OVER E. CLAIM AGAINST THE CITY BY DIANA, ADAM, IRENE, LORAINE, AND PRICILLA DeLEON, 46-502 Monte Verde, Indio, California, in the Amount of $1,000,000 for each Claimant. Mayor Wilson stated that he had asked that this item be removed to inquire as to why the City of Palm Desert was considered responsible when it was not within our jurisdiction. Dave Erwin responded that they had just named everyone, possible. Mr. Bouman pointed out that the recommendation listed on the Agenda was different from those in the past in that it did specifically point out that the accident did not happen within the City of Palm Desert. He stated that this was for the benefit of our insurance company as well as the claimant. Councilman McPherson moved to reject the Claim and direct the City Clerk to notify the claimant that the accident scene is not within the City of Palm Desert jurisdiction. Councilman Puluqi seconded the motion; carried unanimously. XII. NEW BUSINESS A. CONSIDERATION OF APPOINTMENTS TO THE PROJECT AREA COMMITTEE FOR REDEVELOPMENT AREA EXPANSION. Mr. Ortega reported that the City Council and the Agency Board had agreed to expand the Project Area Committee. He noted that five people who previously served had agreed to serve again, and the Agency Attorney has determined that they can be reappointed. Then we can refill the additional 14 positions as long as there is a representative sampling for all areas. Councilman McPherson moved that the following be appointed to the Project Area Committee: Ed Benson, Al Stutz, Bill Hannon, Graham Dexter, Mrs. O.K. Hoover, and Dick Sparks; 9 positons consisting of persons within Palm Desert; 3 positions consisting of persons within Indian Wells and recommended by the Indian Wells City Council; J position filled by one person living in the County area and recommended by Supervisor McCandless. Councilman Snyder seconded the motion; carried unanimously. September 24, 1981 Page 7 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT TO KICAK & ASSOCIATES CONTRACT (ASSESSMENT DISTRICT NO. 81-5) TO INCLUDE ENGI- NEERING SERVICES FOR THE SAN BENITO CIRCLE ASSESSMENT DISTRICT. Mr. McClellan reported that he had presented a petition to Council several weeks prior for this assessment dis- trict. At that time, authorization was requested and granted to provide an amendment to the existing contract to include this district. It requires a Change Order of $12,000, and staff recommends approval. Upon motion by McPherson and second by Puluqi, Change Order No. 1 to the Kicak & Associates contract in the amount of $12,000 was unanimously approved. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 81-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A THIRTY (30) DAY EXTENSION OF PLAN CHECK PROCESSES FOR THE PALM DESERT TOWN CENTER. Mr. Bouman stated that this was a request from the Department of Building & Safety which would grant a 30-day extension of plan check to the Hahn Center. It is the feeling of staff that the delays were unavoidable. Upon motion by McPherson and second by Snyder, Resolution No. 81-134 was unanimously adopted. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson noted that the Council would resume their winter schedule of Study Sessions and that one would be held at 4:30 p.m. on Thursday, October 1, 1981. Mayor Wilson also noted that the City Attorney had requested a Closed Session immediately following the Council Meeting. XVII. ADJOURNMENT Upon motion by McPherson, second by Newbrander, and unanimous vote, Mayor Wilson adjourned the meeting to Closed Session for the pur- pose of discussing pending litigation at 9:10 p.m. Mayor Wilson reconvened the meeting and immediately at 9:40 p.m. with no action taken. SHEILA R. G1 LIGAN, C CLERK CITY OF PALM DESERT, I FORK I A adjourned ROY WI LSON , MAYOR 7 September 24, 1981 Page 8