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HomeMy WebLinkAbout1974-07-11CITY OF PALM DESERT CITY COUNCIL MEETING JULY 11, 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 7:00 P.M. on July 11, 1974 at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman CHUCK ASTON; Councilman JIM McPHERSON: Mayor HENRY CLARK Absent: None Others Present: City Manager - Harvey L. Hurlburt City Attorney - Dave Erwin Dir. of Environmental Services - Paul Williams V. AWARDS & PRESENTATIONS - None VI. APPROVAL OF MINUTES 1. Minutes of the City Council meeting of June 27, 1974 and the Adjourned City Council meeting of July 1, 1974 were approved as submitted. VII. CONSENT CALENDAR 1. Written Communications A. Letter from Gerald W. Dupree, County Senior Planner, dtd 7/1/74 Action: Received and filed. B. Letter from Robertson & Carnes, Attorneys at Law, dtd 7/2/74 re Caravan Yellow Cab Action: Received and referred to City Manager for reply 2. Approval of Claims A. RESOLUTION NO. 74-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Action: Waived further reading and approved payment of warranted in the amount of $8,635.54. 3. Tract Map A. TRACT 5797-PD - SILVER SPUR ASSOCIATES - 84-unit condominium development on the west side of Mariposa Dr. and north of Irontree Drive Action: Set for Public Hearing on July 26, 1974. Councilman McPherson moved, Councilman Aston seconded that the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARING 1. P.P. 2 MF - KAVANAUGH PROPERTIES - CORSICAN VILLAS (second phase) Request for Plot Plan approval for a 50-unit condominium located west of Portola Ave. between Buckboard & Haystack (Tract 4605). The Mayor opened the hearing. Mr. Williams stated the Planning Commission had denied the request on May 20, 1974 based on 9.95 per acre density, two stories, and recreational amenities being proposed. Present request is for 50 units from 1,032 to 1,480 sq. ft. He called attention to a letter from Kavanaugh Properties appealing the denial, and a letter from Silver Spur Ranch ex- pressing concern over the drainage problem. Mr. Art Moore, representing the developer, said drainage had been installed as per the plans and approved by the County. He feels the problem began when Silver Spur was developed without curbs and gutters. He said the water from Corsican Villas comes off the site and into the street and gutters. They have a drainage structure set up to prevent erosion and water. Mr. Steven Vickter, 1921 Canal St., Venice, representing the developer, said there was drainage coming down from other projects, especially Ironwood. Councilwoman Benson asked if deep tanks could be put in like those at the Deep Canyon Tennis Club. Mr. Williams said retention tanks should be designed into the grading plan. There is no large expanse of area in the shape of the Deep Canyon Tennis Club where it can be directed to a central place. Mr. Richard Oliphant, consultant, 77-900 Avenue of the States, Palm Desert, said there is a considerable amount of water coming down Portola which is not generated by this project. Mrs. Mary Nudd, President of Silver Spur Ranchers Association, 73-409 Little Bend Trail, said the drainage is not coming from Ironwood as claimed, that it is coming from the irrigation at Corsican Villas. She said it comes across the entrance and exit and that if this project is permitted, it will be twice as bad as it is now. She said she was speaking for 300 home owners. There was a proposal made to resolve the problem by installing curb and gutter and other drainage facilities between the northeast corner of the development and Haystack. It was felt that the installation would cost less than $2,000.00. The Mayor closed the hearing. Councilwoman Benson said she felt the decision should be consistent and that one of the conditions should be that applicant find a solution to the drainage problem. Councilwoman Benson moved that the project be approved subject to two additional conditions: #6 that the amenities be subject to staff approval; and #7 and that approval of the project be subject to the developer resolving the drainage problem subject to staff approval and that the solution be contained within that area between the development and the next most northeasterly intersection and that the cost be borne by the developer. Motion seconded by Councilman McPherson and carried unanimously. 2 IX. RESOLUTIONS - None X. ORDINANCES 1. For Adoption: A. ORDINANCE NO. 42 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REPEALING ORDINANCE NO. 4 AND ESTABLISHING A PLANNING COMMISSION AS THE CITY PLANNING AGENCY Councilman Aston moved, Councilman Brush seconded that further reading be waived and that ORDINANCE NO. 42 be adopted. Motion carried unanimously. 2. For Introduction: A. ORDINANCE NO. 43 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING THE ORDINANCE CODE TO ESTABLISH AN ARCHITECTURAL REVIEW PROCESS BOARD, REPEALING ORDINANCE NO. 12 AND 33 AND REPEALING SECTION 18.30 OF THE ZONING ORDINANCE It was proposed to hold this ordinance over for another two weeks for further clarification and to ensure that it be as precise as Ordinance 12. Attorney Erwin was of the opinion that with 2 changes, this ordinance would be more precise than Ordinance 12. SECTION 3: (H).2.d. to read: "The site, layout, orientation and location of buildings, and their relationship with open areas, topography, and line of sight." SECTION 3: (L) Insert before last sentence: "The Commission may by a majority elect to assume authority for final approval of residential developments over an agreed upon number of dwelling units for a specific time period." Councilman Brush moved, Councilman McPherson seconded that further reading be waived and that Ordinance No. 43 be passed to second reading, with the two above corrections. Motion carried unanimously. XI. CONTINUING BUSINESS - None XII. CONSENT ITEMS HELD OVER - None XIII. NEW BUSINESS - None XIV. ORAL COMMUNICATIONS - None XV. REPORTS & REMARKS 1. City Manager Mr. Hurlburt presented a letter from the League of California Cities requesting City support of the Fair Labor Standards Act law suit, in the amount of $200 for cities under 100,000 population. Councilman McPherson moved, Councilman Aston seconded that the City of Palm Desert contribute $200 to assist in the proposed lawsuit to declare the FLSA unconstitutional because it violates State sovereignty. Motion carried unanimously. 3 2. Mr. Hurlburt recommended that Council authorize staff one additional position of "clerk -stenographer" Schedule 40, in the Department of Management Services due to the heavy workload. Councilman McPherson moved, Councilwoman Benson seconded that the additional position be added to the table of organization. Motion carried unanimously. XVI. ADJOURNMENT Meeting adjourned at 8:38 P.M. to Executive Session. Meeting reconvened at 9:00 P.M. and adjourned to a special meeting at 7:00 P.M., July 22 to make appointments to the Planning Commission. ATTEST: HENRY B. C MAYOR 4 Mary Painteer -Deputy City Clerk