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HomeMy WebLinkAbout1974-02-28CITY OF PALM DESERT CITY COUNCIL REGULAR MEETING FEBRUARY 28, 1974 The regular meeting of the Palm Desert City Council was called to order by the Mayor at 7:25 P.M. on February 28, 1974 at the Palm Desert Middle School. The Invocation was given by Councilman Aston, followed by the Pledge of Allegiance. IV. ROLL CALL PRESENT: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JAMES McPHERSON; Mayor HENRY CLARK ABSENT: None Others Present: City Manager - E. R. Asmus City Attorney - David Erwin County Planner - Jerry Dupree 7 Members Boy Scout Troop #76, Palm Desert V. APPROVAL OF MINUTES A. Minutes of the Special meeting of February 13, 1974 were approved as submitted. B. Minutes of the Regular meeting of February 14, 1973 were approved as submitted. C. Minutes of the Adjourned meeting of February 20, 1974 were approved as submitted. D. Minutes of the Adjournet meeting of February 25, 1974 were approved as corrected. VI. SUBMISSION OF CLAIMS A. RESOLUTION NO. 74-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Councilman McPherson moved, Councilwoman Benson seconded and motion carried unanimously that Resolution 73-13 be adopted and said claims paid. VII. AWARDS & PRESENTATIONS A. Introduction of new City Manager Mr. Harvey L. Hurlburt was introduced as the new City Manager effective March 1, 1974. Mr. Eugene R. Asmus, interim City Manager, was presented a Resolution of exemplary achievement in service during the period from incorporation on November 26, 1973 to February 28, 1974. VIII. SCHEDULED MATTERS A. ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF PALM DESERT Following a brief discussion, Councilman Brush moved, Councilwoman Benson seconded that further reading be waived and that Ordinance No. 21 be passed to second reading. Motion carried unanimously. B. Appeal of Planning Commission decision giving plot plan approval to case #1046-PD (Carousel Motel addition). Appeal filed by Councilwoman Benson as per Ordinance #12. City Manager Asmus explained this project was for construction of eight 1 to 3 bedroom apartments in two separate structures. Units are convertible to motel units for use during the season. They range from 900 to 1,700 sq. ft. Plan was revised for a total of 29 new parking spaces. The following opponents spoke: Charles Root, 45-860 Ocotillo Dr., claimed his property had been devalued 10% because of the proposed structure. Mr. George Wiggins, Director, Palm Desert Property Owners Association, read a letter dated 2/20/74 opposing the 2-story proposal. Mr. Fernandez, teacher, said the rights of people who purchased property years ago under the impression it would remain a residential area, should be considered. Mr. Ed Peck stated letters of opposition from Ccncerned Citizens, Silver Spur Ranchers Association, Sands and Shadows, and Palm Dell Estates had been submitted for the record. Mr. Ron Gorman, Verba Santa, submitted a list of 73 names on a petition. Mrs. Wayne Deupree, Calypso Apartments, one lot away from the proposed project, spoke as a proponent, saying multi - zoning is what they had paid for. Architect George Ritter said the highest height is 21' and the average is 20'; that the roof line could be lowered 2', making it only 3' higher than the recommended standard of 15' by the Advisory Committee. Mr. Davidson, applicant, said they had entered into the project in good faith, have asked for no variances, have spent a great deal of money changing the plans, and think this is a good development and should rest on the merits of the case. Dick Heatherington, general manager of the Carousel, also urged approval. The Mayor closed the hearing. Councilwoman Benson commented that she was the one from the Planning Commission who appealed the decision, not because of a motel unit, but because of the 2-story structure. Councilman Brush said there were at least four other existing 2-story projects in the area and does not think it is in- consistent or incompatible with the area. Councilman Brush moved, Councilman McPherson seconded that the action of the Planning Commission be reaffirmed. Motion denied by the following vote: AYES: Brush, McPherson NOES: Aston; Benson; Clark 2 Mayor Clark suggested Item "B" under New Business be moved up on the agenda so that the Boy Scouts could parti- cipate at this time. Report of Citizens Advisory Committee re: Immediate problems and suggested legislation recommended. A letter from the Immediate Problems Subcommittee of the Citizens Advisory Committee, dated 2/24/74, concerning guidelines, Interim holding policies in presently zoned residential and commercial areas was presented. Councilwoman Benson complimented the subcommittee for a job well done in bringing in this type of report but thought more study is needed to enforce it. City Manager presented a letter from several architects with a list of recommendations to be reviewed in conjunction therewith, and correspondence from Concerned Citizens, Palm Dell Estates, Sands and Shadows urging a 15' limitation on building heights. Attorney Erwin suggested this matter be taken up at a study session. Councilman Brush moved, Councilman McPherson seconded that this matter be discussed at the City Council Study Session to be held on March 12 (in lieu of March 13) at 7:30 A.M. at Sandy's Restaurant, with Attorney Erwin present. Motion carried unanimously. Councilman Brush moved, Councilman McPherson seconded that a Public Hearing be set on this item for March 28, 1974. Motion carried unanimously. C. Tentative Tract 114980 - Euclid Ball - Haystack Rd & Highway 74 Councilman McPherson moved, Councilman Brush seconded that Tentative Tract 114980 be approved subject to conditions imposed by the staff and with modification of condition #11 that a plot plan should be required prior to issuance of a building permit. Motion carried unanimously. D. Tentative Tract 415110 - Sun King Development - West of Portola Ave. extended; north of Whitewater River Mayor Clark moved, Councilman McPherson seconded that Tentative Tract 415110 be approved subject to conditions imposed by the staff and that condition 4111 be modified to read "that the right of way be dedicated to the City through the channel and as far north as the property goes, that the maintenance of the road be the responsiblity and expense of the Sun King Estates and/or homeowners." Motion carried unanimously. E. Tentative Tract 415682 - Shadow Cliff Colony Club, Deep Canyon & Shadow Mt. Drive County Planner Dupree stated he did not believe the map to be in substantial conformance with the CUP. City Manager Asmus recommended the map be accepted. Attorney Erwin concurred. Councilman Brush moved, Councilman Aston seconded that the map be approved subject to staff conditions, with the deletion of item 12. Motion carried unanimously. Councilman Brush moved, Councilman Aston seconded that the motion be amended to modify condition 4111 to read, "Prior to issuance of building permits on lots 10, 11 or 12, a plot plan in accordance with Ordinance 4112 of the City of Palm Desert shall be approved by the Planning Commission, and that condition 4112 shall be deleted." Motion carried unanimously. 3 F. Tentative Tract 5291-R - Bilarc-One (reversion to acreage) Councilman McPherson moved, Councilman Brush seconded that Tentative Tract #5291-R be approved subject to staff conditions. Motion carried unanimously. G. Tentative Tract 414380 - Green & Grundt - Highway 74 & Shadow Mt. Dr. Councilman McPherson moved, Councilman Aston seconded that Tentative Tract 114380 be approved subject to staff conditions and that condition 4115 be modified to read, "Prior to issuance of a building permit, a plot plan in accordance with Ordinance 4112 of the City of Palm Desert shall be approved by the Planning Commission." Motion carried unanimously. H. Tentative Tract 415277 - Palm Desert Racquet Club, San Luis Rey & Shadow Lake Dr. Councilman Brush moved, Councilman Aston seconded that Tentative Tract 114380 be approved subject to staff conditions and that condition 4114 be modifed to read, "Prior to issuance of a building permit, a plot plan in accordance with Ordinance 4112 of the City of Palm Desert shall be approved by the Planning Commission." Motion carried unanimously. IX. ORAL COMMUNICATIONS Beryl Barnett spoke on zoning enforcement concerning Springs Ambulance Service which has been parking their ambulance in a residential area for some time. City Manager Asmus commented that he had spoken with the owners and they should have another parking location within ten days. X. UNFINISHED BUSINESS A. ORDINANCE NO. 20 - AN ORDINANCE OF THE CITY OF PALM DESERT, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLMENT OF UNDERGROUND FACILITIES IN UNDER- GROUND UTILITY DISTRICTS (second reading) Councilwoman Benson moved, Councilman Aston seconded that further reading be waived and that Ordinance No. 21 be adopted. Motion carried unanimously. B. Report on Proposals for Auditing Service City Manager Asmus reportedthat 3 out of 12 firms had responded to requests for proposals for auditing services. Councilman Brush moved, Councilwoman Benson seconded that the City Manager be authorized to negotiate a contract with Thomas, Byrne & Smith for these services. Motion carried unanimously. XI. NEW BUSINESS A. RESOLUTION NO. 14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ESTABLISHING PROCEDURES TO IMPLEMENT THE ENVIRONMENTAL QUALITY ACT OF 1970 Councilman Brush moved, Councilman Aston seconded that further reading be waived and that Resolution No. 14 be adopted. Motion carried unanimously. 4 C. Report on Planning Commission actior. re: CUP-06-63-PD, Lyman Martin parking lot in R-3 zone Councilman Aston moved, Councilwoman Benson seconded that the recommendation be received and filed. Motion carried unanimously. XII. WRITTEN COMMUNICATIONS A. Letter from Palm Desert Property Owners Association re: Appeal on Carousel Resort Hotel Plot Plan approval Entered into the record above. XIII. REPORTS & REMARKS Councilman Brush said he had had numerous complaints from the community concerning developers leaving trash and sanewhich is blown around the area. Attorney Erwin will make a report at the next meeting. Mayor Clark again thanked City Manager Asmuc for his help the past three months. XIV. ADJOURNMENT Meeting adjourned at 10:00 P.M. ATTEST: I Henry B Clark, Mayor Mary Paireter, Deputy City Clerk 5