Loading...
HomeMy WebLinkAbout1974-05-23CITY OF PALM DESERT CITY COUNCIL REGULAR MEETING MAY 23, 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 7:02 P.M. on May 23, 1974 at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman Jim McPHERSON; Mayor HENRY CLARK Absent: None Others Present: City Manager - Harvey L. Hurlburt City Attorney - Dave Erwin County Planner - Jerry Dupree County Planner - Keith Downs V. AWARDS & PRESENTATIONS A. Mayor Clark read a Resolution of Appreciation to Bekins Property Management Co. for providing the City of Palm Desert with its first City Hall at $1.00 per year. VI. APPROVAL OF MINUTES A. Minutes of the City Council meeting of May 9, 1974 were approved as submitted. VII. CONSENT CALENDAR A. Written Communications 1. Letter from Don Faulkner and Jan Berghoefer dated 5/10/74 re operation of Arabian Cab. Action: Removed from Consent Calendar by Don Faulkner and Jan Berghoefer for discussion under Item XII. 2. Letter from George W. Chandley of Sandra La dtd 5/8/94. Action: Received and referred to City Manager for study and reply. 3. Letter from George C. Klein appealing Planning Commission denial on 5/6/74 of P.P. 1084 (addi- tion to commercial building on El Paseo submitted by Architect Robert Ricciardi). Action: Received and set for public hearing on 6/13/74. 4. City of Palm Desert Revenue and Expenditure Report of March 31, 1974 and April 30, 1974. Action: Removed from Consent Calendar by City Manager for discussion under Item XII. B. Approval of Claims 1. RESOLUTION NO. 74-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURER Action: Held over by City Manager for discussion under Item XII. Councilwoman Benson moved, Councilman Aston seconded that the remaining items on the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARINGS A. TENTATIVE TRACT 4545 - PALM DESERT RACQUET CLUB Located between San Luis Rey Ave. & Portola Ave. south of Shadow Lake Drive. Request for subdivision (statutory condominium). Site plan indicates 40 existing apartment units, 60 parking spaces, with access to pool, golf course, tennis courts, and clubhouse facilities.) conditions. The Mayor opened the hearing. Planner Dupree recommended approval subject to staff There were no proponents nor opponents. The Mayor closed the hearing. Councilman Aston moved, Councilman Brush seconded that T.T. 4545 be approved subject to staff conditions. Motion carried unanimously. B. TENTATIVE TRACT 5904 - MARRAKESH BUILDING & COUNTRY CLUB - Request to allow further development of a condominium, 34 units on 36 lots, East of Marrakesh Dr., north of Haystack. The Mayor opened the hearing. Planner Dupree recommended approval subject to staff conditions. Mr. Brian Jones, Cathedral City, representing Marrakesh, said they were keeping up the past high building standards. There were no opponents. The Mayor closed the hearing. Councilman Aston moved, Councilman Brush seconded that T.T. 5904 be approved subject to staff conditions. Motion carried unanimously. C. CUP-13-74-PD - HOME BUSINESS DEVELOPMENT CORP. (Whispering Sands Apts.) West side of Deep Canyon, North of Driftwood. CUP to allow conversion of 22- unit apt. complex to a planned residential development Appeal from Benner & Ghormley. Denied by Planning Commission on 4/22/74. The Mayor opened the hearing. Planner Dupree said subject property did not meet the necessary setbacks on Sunrise Lane (westerly perimeter of the property) nor adequate fire standards at the present time. He said that over the past 11 years his office has received at least 50 requests for conversion. In most cases it has been found they were not conducive to meeting the necessary standards. He believed the applicant was fully aware and the facts were explained to him. Mr. Harold Housley, civil engineer representing Home Business Development, said he had been processing the project for 8 months and the only discussion brought up before was the denial on the water problem. He read a letter he had submitted to the City Council previously, and also a letter from the Coachella Valley County Water District indicating after the Panorama Mutual Water Company is purchased, the District will furnish domestic water in accordance with the District's current prevailing regulations. Mayor Clark said the Coachella Valley Water District has no idea of when the escrow might close. Mr. Housley said a 12' main will be going into the Panorama District and they can hook into that main. After further discussion on the setback, Attorney Erwin said the only way it could be approved would be conditioned upon a variance permitting the encroachment into the setback area being approved. Planner Dupree said it would be necessary for the applicant to apply for a variance. He said the division of existing apartment or hotel units into condominiums for sale is not the same as buildings constructed as condominiums. Mr. Housley said none of the staff reports had mentioned any problem other than the water. Mr. Robert Brock, 72-667 Raven Rd., Palm Desert, said the project would be an improvement for the neighborhood. Mrs. Eunice Pearson, 45-340 Sunset Lane, directly across the street, said from an aesthetic and traffic hazard standpoint it would be a big improvement to have the change made and the street would look better. She said she spoke on behalf of others living in Village Greens. The Mayor closed the hearing. Councilman Brush asked if the applicant would want to continue the request for two weeks. Attorney Erwin said the hearing had been closed but there would be no objection to post- poning the decision until the next meeting. Mayor Clark com- mented he hoped to get more definite information from the Water District. Councilman Brush moved, Councilman McPherson seconded that CUP-13-74 be continued to June 13, 1974 for staff to obtain more information. Motion carried unanimously. D. P.P. 1083-PD - MISSION BELLE HOMES - Appeal by Councilwoman Benson of Planning Commission decision of 4/22/74. Project consists of 19 one-story frame & stucco, single family dwellings on 19 R-1 lots scattered through 2 separate areas; one area is located N of Hwy 111 and 2 off Deep Canyon; the other lies N of Avenue 44 and W of College of the Desert. The Mayor opened the hearing. Mr. Hurlburt presented 4 alternatives. He said Staff would lean toward alternate #3 - Approve the project subject to the attached conditions. He said the project had been improved since it was originally submitted. 3 Mr. Williams said staff level concern was in the Palm Dell Estates where there are only 26 homes, and if these homes went in it would increase the area by 50%. In other areas the amount of houses are smaller in number and would tend to have less impact. He said applicant had agreed to all conditions except #8 and 10. Staff could recommend approval with the above conditions. Mayor Clark explained that under Ordinance #12, which is being amended, a citizen could not appeal except by asking a Councilman to do so. Mr. Russell Mills, Pacific Western developer, wished to save the majority of his remarks for rebuttal. The following spoke in favor of the project: George Marzicola, Board of Realtors; Eunice Pearson, Chairman of the Citizens Rights and Action Committee; David Strecker, 44-880 San Pasqual; Dorothy Krueger, 74-100 Goleta. The following opponents spoke: Marie Haxlthausen, 72-875 Mimosa, who said she had requested Councilwoman Benson to appeal on behalf of 28 members of Palm Dell Estates; Mrs. Harold Wall, 73-876 Arboleta; Anne Foster, 72-875 Mimosa; Florence Hafer; 74-310 De Anza; Robert Ricciardi, 73-700 Highway 111; Richard Stewart; Ron Gorman, 45-715 Verba Santa Drive. Meeting recessed at 9:07 P.M. Meeting resumed at 9:17 P.M. Additional opponents who spoke were Ed Peck, Concerned Citizens and Dr. Eugene Kay, 73-023 Homestead Road. Mr. Russell Mills said they build quality homes com- plying with F.H.A. standards. He rebutted various opponents' allegations. He spoke regarding the recommended conditions. Items 1 through 4 he had previously agreed to, as well as 6 and 7, raising the minimum square footage of the 3 and 4 bedroom homes. He would agree to #8 to read "Variations in appearances of roof acceptable to staff"; #i9 to include a 30' maximum front yard setback. He requested approval subject to the staff's 11 condi- tions, plus the above two amendments. The Mayor closed the hearing. Councilwoman Benson said she is aware of the need for such homes on the north side but that the property owners should be considered and she thought it best to wait for the master planners to decide where these homes should be built. Councilman McPherson said he made the original motion and he had heard nothing during the evening to change his mind and that he did not think a $30,000 home would downgrade the area. Councilman McPherson moved, Councilman Aston seconded that the action of the Planning Commission be upheld and that the project be approved subject to the the additional and original staff conditions. Motion carried by the following vote: AYES: Aston; Brush; McPherson; Clark NOES: Benson IX. RESOLUTIONS A. RESOLUTION NO. 74-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING CERTAIN CLASSIFIED POSITIONS AND RATES OF PAY WITHIN THE CITY STRUCTURE. Mr. Hurlburt read the Resolution in full and stated this was for the purpose of establishing the positions and salaries. Attorney Erwin did not believe the attorneyshould be a classified position since he is under contract. Councilman McPhersom moved, Councilman Brush seconded that Resolution No. 74-26 be adopted. Motion carried unanimously. B. RESOLUTION NO. 74-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, DESIGNATING THE HEALTH OFFICER OF THE COUNTY OF RIVERSIDE AS THE AGENCY TO CONTINUE ENFORCING TITLE 25 OF THE CALIFORNIA ADMINISTRATIVE CODE IN SAID CITY Councilman McPherson moved, Councilman Aston seconded that further reading be waived and that Resolution No. 74-28 be adopted. Motion carried unanimously. C. RESOLUTION NO. 74-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, PROHIBITING PARKING ON CERTAIN PORTIONS OF STATE HIGHWAY 111, WITHIN SAID CITY Councilman McPherson moved, Councilman Aston seconded that further reading be waived and that Resolution No. 74-30 be adopted. Motion carried unanimously. D. RESOLUTION NO. 74-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING THE CREATION OF COACHELLA VALLEY WATER DISTRICT ASSESSMENT DISTRICT NO. 64 Mr. William Longnecker, Deputy Chief Engineer, Coachella Valley County Water District, gave a presentation concerning this Resolution. Councilman Aston moved, Councilman Brush seconded that further reading be waived and that Resolution No. 74-31 be adopted. Motion carried unanimously. X. ORDINANCES A. For adoption B. For introduction 1. ORDINANCE NO. 30 - AN ORDINANCE OF THE CITY COUNCIL OF PALM DESERT, RELATING TO THE INVEST- MENT OF MONEYS AND FUNDS BY THE CITY TREASURER Councilman Aston moved, Councilman McPherson seconded that further reading be waived and that Ordinance No. 30 be passed to second reading. Motion carried unanimously. 2. ORDINANCE NO. 31 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REGULATING, DEFINING AND CONTROLLING PUBLIC NUISANCES IN SAID CITY AND AMENDING ORDINANCE NO. 24 OF SAID CITY (Urgency Ordinance) Councilman Brush moved, Councilwoman Benson seconded that further reading be waived and that Ordinance No. 31 be adopted as an urgency ordinance. Motion carried by the following vote: 5 AYES: Aston; Benson; Brush; McPherson; Clark NOES: None 3. ORDINANCE NO. 32 - AN ORDINANCE OF THE CITY COUNCIL OF PALM DESERT, RELATING TO TENNIS COURT FENCES Moved by Councilman McPherson, seconded by Councilman Brush that further reading be waived and passed to second reading. Motion carried unanimously. 4. ORDINANCE NO. 33 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, RESTRICTING DEVELOPMENT AND AMENDING ORDINANCES NO. 12, 15 AND 22 OF SAID CITY A letter from the Palm Desert Property Owners Association dated May 22, 1974 was read for the record. Councilman Brush moved, Councilman Aston seconded that further reading be waived and passed to second reading. Motion carried unanimously. 5. ORDINANCE NO. 34 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING ORDINANCE NO. 348 OF THE COUNTY OF RIVERSIDE RELATING TO TIME LIMITS FOR VARIANCES AND CONDITIONAL USE PERMITS Councilman McPherson moved, Councilman Brush seconded that further reading be waived and passed to second reading. Motion carried unanimously. XI. UNFINISHED BUSINESS - None XII. CONSENT ITEMS HELD OVER A. Written Communications 1. Letter from Don Faulkner and Jan Berghoefer dated 5/10/74 re operation of Arabian Cab Don Faulkner said he was in a position to purchase a cab tomorrow and put into service. Mr. Hurlburt said this would require a franchise and is nothing that can be acted on tonight. He recommended that it be received and referred to the City Manager for study and report back to City Council. Councilman McPherson moved, Councilman Aston seconded that this matter be received and referred to the City Manager for study and report back to City Council. Motion carried unanimously. 4. City of Palm Desert Revenue and Expenditure Report of March 31, 1974 and April 30, 1974 This item was continued for two weeks. B. Approval of Claims 1. RESOLUTION NO. 74-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURER Mr. Hurlburt advised that Palm Desert Properties had only today submitted their bill for $4,363.00 for first and last months' rent, plus security deposit, making the total warrants $20,861.55. 6 Councilman McPherson moved, Councilman Aston seconded that further reading be waived and that Resolution No. 74-29 be adopted approving warrants in the amount of $20,861.55. XIII. NEW BUSINESS B. P.P. 1074-PD - KAVANAUGH PROPERTIES (CORSICAN VILLAS -TENNIS COURTS). Request for clarification of conditions of approval. Plot plan approved by City Council on 3/27/74. Mr. Williams said that applicant was requesting an extension of an existing 3'6" existing block and stucco fence along Portola Avenue and Buckboard Trail and recommended approval as being in substantial compliance to the conditions of approval. Councilman Aston moved, Councilman Brush seconded that P.P. 1074-PD be approved subject to staff conditions. Motion carried unanimously. Meeting recessed at 11:00 P.M. Meeting resumed at 11:07 P.M. F. Request from Palm Desert Chamber of Commerce of their annual golf cart parade on July 13, 1974 Mr. Hurlburt said this would entail an expenditure of approximately $500.00 by the City and recommended approval subject to Chamber providing City with verification of adequate police protection and traffic control by the County Sheriff's Office and also providing the City Attorney with a copy of their insurance policy in order that adequate coverage might be confirmed. Attorney Erwin said, in addition, approval should be based on the Chamber of Commerce holding the City of Palm Desert free and harmless from any and all obligations, accidents, or incidents. Councilman Aston moved, Councilwoman Benson seconded that this request be approved subject to the above conditions. Motion carried unanimously. A. Request for approval for State actuarial survey for State Public Retirement System at a cost of $110 Councilman Brush moved, Councilman McPherson seconded that the expenditure of $110 be approved and that the City Manager be authorized to request actuarial survey. C. Tract 5291-R-PD - BILAC-ONE - Request for approval of Final Map for reversion to acreage. South side of Shadow Mt. Drive between Larkspur Lane and Lupine Lane. Councilman McPherson moved, Councilman Aston seconded that this matter be eohtinued to June 13, 1974. Motion carried unanimously. D. Tract 4798-PD - DURCO CONSTRUCTION - 92-unit condominium development West of and adjacent to Cook St. between Hwy 111 and Fairway Councilman McPherson moved, Councilman Aston seconded that Tract 4798=PD be set for Public Hearing on 6/13/74. Motion carried unanimously. 7 E. Tract 5567-PD - MERCURY ENTERPRISES - 326 units at SE corner of Homestead Rd. and Hwy 74 Councilman McPherson moved, Councilman Brush seconded that Tract 5567-PD be set for public hearing on 6/13/74. Motion carried unanimously. XV. REPORTS & REMARKS A. City Manager City Manager related suggested positions to be taken on the Cook St. industrial zoning matter at the Board of Supervisors on June 4, 1974. This will be further dis- cussed by Jerry Dupree with the Council at their study session on May 29, 1974 RESOLUTION NO. 74-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CHANGING THE TIME AND MEETING PLACE FOR REGULAR MEETINGS OF THE PLANNING COMMISSION OF SAID CITY Councilman McPherson moved, Councilman Aston seconded that Resolution 74-27 be adopted subject to changing the effective date to June 17, 1974. Motion carried unanimously. B. City Attorney - None C. Mayor & City Council - None XVI. ADJOURNMENT Meeting adjourned at 11:45 P.M. AT EST: HENRY B CLARK, MAYOR MARY PAINT -Deputy City Clerk 8