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HomeMy WebLinkAbout1974-08-22CITY COUNCIL MEETING AUGUST 22, 1974 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order by Mayor Clark at 7:04 P.M. on August 22, 1974 at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Mayor HENRY CLARK Absent: Councilman JIM McPHERSON Others Present: City Manager - Harvey L. Hurlburt City Attorney - Dave Erwin Dir. of Environmental Services - Paul Williams VI. APPROVAL OF MINUTES A. Minutes of the regular City Council meeting of 8/8/74 were approved as submitted. B. Minutes of the adjourned City Council meeting of 8/13/74 were approved as submitted. VII. CONSENT CALENDAR A. Written Communications 1. Letter from CAC dtd 8/2/74 re traffic and parking Action: Receive and refer to City staff for study and appropriate action 2. Appeal of Case No. 8MF - H. Thorson - Request for Plot Plan approval to permit construction of 66 carports for the Desert Garden Apartments located at 45-278 Deep Canyon Road Action: Set for Public Hearing on 9/12/75 3. Case No. GPA-02-74 - H.F. AHMANSON & COMPANY - Public hearing on request for change of land -use designation on the Cove Community General Plan from medium density residential (5-10 acres per acre) to commercial for property located at the northwest corner of the intersection of State Highway 111 and Monterey Avenue. Public hearing also on the EIR prepared by the applicant for this project. Action: EIR and General Plan amendment set for Public Hearing on 9/12/74 4. P.P. 1065-PD - Letter from Thomas A. Paulson, Attorney at Law, dtd 7/9/74 and letter from City Manager dtd 8/5/74 re Casitas Investment Fund Apartments Action: Received and filed 5. Department of Transportation letter dtd 8/6/74 re Notice of Intention to Relinquish Highway Right of Way Action: Received and acknowledged 6. Foundation for Retarded Children of the Desert ltr dtd 8/13/74 re Revenue Sharing Funds Action: Received and referred to staff for appropriate action and reply ACTION: Councilman Brush moved, Councilman Aston seconded that the Consent Calendar be adopted. Motion carried unanimously. VIII. PUBLIC HEARINGS A. Case No. T. T. 5357 - HOME BUSINESS DEVELOPMENT CORP. Request for Tentative Map approval of Tract 5357to permit the conversion of the existing 22-unit Whispering Sands apartment complex, located at 45-301 Deep Canyon Road, to a statutory condominium and the construction of a parking lot, R-3-4000 zone The Mayor opened the meeting. Mr. Williams said the Planning Commission had recommended approval subject to 14 conditions, and that Council approval was recommended subject to the same conditions. There were no proponents nor opponents. The Mayor closed the hearing. Councilman Brush moved, Councilman Aston seconded that Tentative Tract 5357 be approved subject to the Planning Commission and staff recommendations. Motion carried unanimously. B. Appeal P.P. 1030-PD - Stotter & Caplow (K-Mart) (Continued from 6/27/74 at request of appplicant) The Mayor opened the hearing Mr. Hurlburt said this was the third time the applicant had requested a continuance. Mr. Harry Schmitz said applicant had requested a continuance until November 14, 1974. There were no proponents nor opponents. The Mayor closed the hearing. Councilman Brush moved, Councilman Aston seconded that P.P. 1030-PD be continued to November 14, 1974. Motion carried unanimously. C. Precise commercial plan - To consider the establishment of a Specific Plan for the commercial area of the City of Palm Desert The Mayor opened the hearing. Mr. Hurlburt said two letters had been received subsequent to the preparation of the agenda, one from the Chamber of Commerce asking that action be deferred, and one from the State Department of Transportation endorsing the proposed plan. Mr. Ben Dobbins, County Traffic Engineer and City Traffic Engineer by contract, said in reviewing the proposed circulation plan along the Frontage Roads he agreed in the general recommendations of the consultants and that revisions could be made which would help traffic movement and access to existing property. He read the results of a prior study by the firm of J. H. Kay made on the Frontage Roads and Highway 111 which was similar to the proposed plan. Mr. John Chadoin, Cal Trans, said he had reviewed the Wilsey & Ham report which outlined 4 alternatives: (1) Do nothing; (2) Widen the highway, which is extremely expensive; (3) Establish some control over the Frontage Roads; and (4) Signalize the Frontage Roads. His Department leans toward the third alternative - control over the Frontage Roads. He had reviewed accident records and found 2 fatalities in 1970 at Deep Canyon; 1 in 1971 at San Luis Rey; and 1 in 1971 at Panorama. He said Cal Trans wants to work with Palm Desert to improve the traffic hazards. He recommended three things be done: Deep Canyon be signalized; closure of some of the streets intersecting on a "T" with 111, Larkspur, Lupine and Panorama; and the specific details involved in control of the Frontage Roads circulation be resolved and instituted as soon as possible. Mr. Hurlburt emphasized the entire specific plan is under study this evening and not only the traffic aspect. Mr. Williams said the Planning Commission reviewed 26 letters regarding this matter and a petition signed by 123 persons objecting to the plan. Subsequent to that there were additional letters which came in late which have been forwarded to each Council member. The Commission felt a number of the letters dealt with land use problems. The remainder dealt with circulation. The Commission felt that through precise analysis the plan is a beginning point and on that basis recommended approval to the Council. Mr. Larry Morrison of Wilsey & Ham gave a review of the proposal. He said the plan had been recommended for adoption as an interim guide with 5 basic uses. The first would be for use by City staff; second, an input into the city's general plan process; third, the interim guide would be an input into a zoning remapping program to be undertaken by the City in conjunction with the zoning ordinance being drafted by Wilsey & Ham; fourth, the plan would serve as a basis for further detailed discussion and planning on a block by block basis with businessmen, CAC, and interested citizens; fifth, the interim guide would be a basis for redevelopment planning. He further summarized the proposed plan. Mr. Dick Coffin, realtor, asked Attorney Erwin if a public hearing would be required to change the precise plan. Attorney Erwin said the Council is changing this from a precise or specific plan to an interim guide which would not require a public hearing to change. 3 There was further discussion on the legal status if an interim guide were adopted in lieu of a specific plan. Mr. Dave Bond, 45-432 San Pasquel, said he under- stood the final plan is to be presented in December and wanted to know to what extent any action taken tonight might have in controlling the master plan because a lot of people were out of town who would not have a voice in these proceedings and would be interested in presenting their views, pro and con, on the master plan. Mayor Clark said the master plan would cover the 8 square miles of the City. This present proposal is to protect the future of the commercial area only. Mr. Lyman Martin said he thought everyone would go along on the basis of rewording to assure an interim guide in lieu of a specific plan, and with much further study. Mr. Dick Coffin asked if an interim guide would keep options open. Attorney Erwin said it would to a limited extent. Mr. D. Coffin asked if by adopting an interim guide would that provide the necessary vehicle to get the redevelopment agency going, and was informed that it would. Mr. George Marzicola said he would be willing to have the moratorium extended a few more months and thought the Board of Realtors would go along with it. Considerable discussion ensued concerning legalities of an interim guide vs a specific plan. Mr. Ron Gorman, representing the Palm Desert Property Owners Association as a Director, introduced Bernie Leung as the spokesman for their Architectural Committee who presented some alternate proposals. Mr. George Ritter said the name of the plan didn't matter, that community committees should be set up to study traffic, parking, etc. Dr. Melvin Kahn, property owner in Area A, NE corner of Highway 111 and Avenue 44, wished to have his property designated as convenience commercial. The Mayor closed the hearing. Mayor Clark commented he was concerned there was no protection if this were approved. Attorney Erwin said he had protection but it is a matter of degree. It does not carry the same weight as if it were adopted as a specific plan for the area but there is a guideline and indication to the staff of what is acceptable. He said ultimately you would have to look at what the existing zoning is on the property and the land use would be dictated by that. Mayor Clark said Wilsey & Ham had stated that approval only gives guideline and that implementation could only take place after complete study; the benefits of approving the plan and lifting the moratorium at an early date would give direction to guide Wilsey & Ham in establishing priorities; and that a committee which would probably c:cnsist of CAC members, Board of Realtors, Chamber of Commerce, City staff, and a member of the Planning Commission had established priorities. Based on this, he would recommend approval of the resolution for an interim plan. 4 Councilwoman Benson thought the benefits of keeping the moratorium outweighed the benefits of approval of the plan, that she hated to approve this until the master plan is fairly well along, and that she thinks it should be right to start with. Councilman Brush commented he did not believe there was a hurry to approve the plan tonight. Councilman Aston wondered if there would be any feed -in in guidelines between now and September 12. Mr. Hurlburt said the emergency ordinance adopted establishing the moratorium is written so that it will terminate as of September 12 or at such time as a precise plan is adopted, whichever comes first. Councilman Brush moved, Councilwoman Benson seconded that action be postponed until September 12. Motion carried by the following vote: AYES: Benson; Brush; Clark NOES: Aston ABSENT: McPherson Meeting recessed at 9:10 P.M. Meeting resumed at 9:22 P.M. Mayor Clark asked for Council approval to direct staff to come in to the September 12th meeting with a recommenda- tion and costs for starting the necessary paper work leading to the formation of a redevelopment district. Council was in accord. IX. RESOLUTIONS A. RESOLUTION NO. 74-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Councilwoman Benson moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-62 be adopted. Motion carried unanimously. B. RESOLUTION NO. 74-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAM DESERT, OF INTENTION TO CONTRACT WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM Councilman Aston moved, Councilwoman Benson seconded that further reading be waived and that RESOLUTION NO. 74-63 be adopted. Motion carried unaimously. C. RESOLUTION NO. 74-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, STATING POSITION ON DEVELOPMENT OF HILLSIDE AREAS SOUTH OF RANCHO MIRAGE Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-64 be adopted. Motion carried unanimously. D. RESOLUTION NO. 74-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ADOPTION OF THE PROCESS AND PROCEDURES FOR IMPLEMENTATION OF THE FEDERAL AID URBAN PROGRAM AS AUTHORIZED BY THE FEDERAL HIGHWAY ACT OF 1973 5 Mr. Williams explained this Resolution is the first step to allow the City to obtain Federal monies to use on select system streets. Councilman Brush moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-65 be adopted. Motion carried unanimously. E. RESOLUTION NO. 74-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING APPLICATION FOR 1974 STATE FUNDS, PALM DESERT COMMUNITY PARK Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-66 be adopted. Motion carried unanimously. F. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, EXPRESSING THE OPPOSITION OF THE CITY OF PALM DESERT TO ELECTRIC UTILITY RATE INCREASES This proposed resolution was tabled as it was not ready for presentation. X. ORDINANCES A. For Introduction: 1. ORDINANCE NO. 48 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING CITY COUNCIL ORDINANCE NO. 14 BY GRANTING A CHANGE OF ZONE FROM COUNTY R-T TO CITY R-T (CASE NO. 02-74-PD) Councilman Aston moved, Councilman Brush seconded that further reading be waived and that ORDINANCE NO. 48 be passed to second reading. Motion carried unanimously. XI. CONTINUING BUSINESS - None XII. CONSENT ITEMS HELD OVER - None XIII.NEW BUSINESS A. Southern California Edison Company Agreement for Service for Street Lighting Councilman Aston moved, Councilman Brush seconded that the City Manager be authorized to sign subject agreement. Motion carried unanimously. XIV. ORAL COMMUNICATIONS - None XV. REPORTS & REMARKS 1. City Manager - None 2. City Attorney Attorney Erwin said Ordinance 9 establishes the position of Director of Finance. He believed the Council designated the City Manager as Director of Finance and suggested the City Council formalize this action. Councilman Brush moved, Councilman Aston seconded that the City Manager be designated as Director of Finance. Motion carried unanimously. 6 Attorney Erwin further stated that at the last meeting a resolution for the Junior Women's Club to display banners for the Bob Hope Classic and Date Festival was approved. He added that one year from now there will be a comprehensive sign ordinance covering these signs and that he will have a resolution to act on at the next meeting. 3. Mayor & City Council Councilman Brush commented that he would like the staff to get together with Wilsey & Ham between now and September 12 and come up with some figures as far as working with City groups to work up a plan. Mr. Hurlburt will get estimates of such a project. Councilman Brush said that Wilsey & Ham was not the ultimate, that there is indication their plan is not entirely acceptable by the community, and that there.are other alternatives. Mayor Clark commented that this was only a starting point but the only problem was whether this gave the city or staff any protection from turning down developments that might not conform with the plan. Mr. Hurlburt said that between now and the next meeting the staff, Attorney Erwin, Wilsey & Ham, and Mr. Williams will get together and clarify the situation. XVI. ADJOURNMENT Meeting adjourned at 9:47 P.M. ATTEST: HENRY B.\ CLARK, MAYOR Mary Painter -Deputy City Clerk 7