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HomeMy WebLinkAbout1974-10-10CITY COUNCIL MEETING OCTOBER 10, 1974 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The meeting of the Palm Desert City Council was called to order at 7:12 P.M. by Mayor Clark on October 10, 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 Director of Environmental Services - Paul Williams V. AWARDS, PRESENTATIONS & APPOINTMENTS A. Introduction of members of the Sheriff's Office Introduction delayed until officers arrival. B. Core Area Redevelopment Finance Committee appointment Mayor Clark announced the appointment confirmed by the Council of the final member of subject Committee is Jack MacFadyen. C. Resolution of Appreciation - Harry C. Hardy Mayor Clark read and presented a Resolution of Appreciation to Harry Hardy for his outstanding contribution to the City during his past employment. VI.APPROVAL OF MINUTES A. Minutes of the Regular City Council meeting of September 26, 1974 were approved as submitted. B. Minutes of the Adjourned City Council meeting of October 1, 1974 were approved as submitted. Mayor Clark introduced Lieutenant Arthur Renney of the County Sheriff's Office in Indio who explained the work methods of the office as related to Palm Desert, and answered questions from the audience. Lt Renney introduced Deputies West, Berg, Laster, Dye, Solis and Nehan to the Council and audience. VII. PUBLIC HEARINGS A. CHANGE OF ZONE 01-74-PD - H.F. AHMANSON & COMPANY Change of Zone for 12.5 acres of land located at the northwest corner of the intersection of State Highway 111 and Monterey Avenue from Zone R-2-7000 (Multiple Family Dwelling) to Zone C-P-S (Scenic Highway Commercial) The Mayor opened the hearing. Mr. Williams gave the background of this request and advised that the Planning Commission had recommended approval. He said staff had prepared Ordinance No. 55 and recommended its adoption. Mr. Harry Schmitz, planning consultant representing the applicant, said they concurred with the staff report. Mr. Dave Bond, 44-532 San Pasqual, said he was in in favor of this company entering the area but was opposed to the area for construction of a large volume retailer. He was convinced the company could not exist on the local com- munities but would cater to sales from throughout the entire Coachella Valley. Mayor Clark said the request is for a change of zone to C-P-S only and that the Wilsey & Ham report has already recommended the Core Area Plan which has been approved by the City, showing that area as C-P-S zoning. Mr. Bond said he would withdraw his objection if he were assured the people would have complete authority to question any attempt by K-dart to build in that location. Mayor Clark said there was no question but that the opportunity for discussion would be permitted. Mr. Cliff Henderson urged the Council to defer the matter at least a month until the bigger taxpayers are back. Martin Paul "Tiger" Berne, realtor, said if this change of zone meant a K-Mart he was strongly against it. Michael Allen, representing H.F. Ahmanson & Co., recommended the Council accept the advice of staff recommenda- tions. He said they were a large financial institution and only do business with reliable firms. The Mayor closed the hearing, emphasizing again that this request is for a change of zone only. Mr. Williams said if the change of zone were approved the procedure would be that if Desert Mart did submit their application it would be to the Architectural Review Board. Once it is reviewed and evaluated by them their action would be forwarded to the Planning Commission who would consider the recommendation of the Architectural Review Board and do their own analysis of the project. If the Commission elected to approve the project and the Council or a citizen felt the matter should be appealed, they have the right to appeal to the Council who could consider the merits of the actual development. Councilman McPherson said he thought C-P-S was the proper zoning for the area and made a motion that the change of zone be approved by Ordinance No. 55. Motion seconded by Councilman Aston and carried unanimously. Motion was amended to include Ordinance No. 55 being passed to second reading. 2 B. Case No. Tract 4442 - ENVIRONMENTAL DEVELOPMENT CORP. for MOUNTAINBACK - Consideration of a revised tenta- tive map for Tract 4442 for the third and final phase of the Mountainback development, with 209 condominium units on 33.6 acres located west of State Highway 74 and south of the westerly extension of Homestead The Mayor opened the hearing. Mr. Williams said the Planning Commission had approved this request and staff was recommending approval by Resolution No. 74-92. Mr. Scott Biddle gave a slide presentation on the proposed project showing lesser density and reduction of 2-story units. He said they were familiar with the condi- tions imposed by the Planning Commission and the staff and that they are willing to accept each and every condition. Dr. Eugene Kay, 73-020 Homestead Road, said the 2-story buildings, 30' in height,would take the view away, that there had been many problems on drainage and asked if any provision had been made to prevent this. He also asked about tennis court flood lighting. Councilwoman Benson asked the ratio of the 1 and 2 stories. Mr. Biddle said in the first development there were approximately 80% two stories, that the ratio in the proposed development is 667 two story and 33% one story. Mayor Clark asked about nuisance water. Mr. Bill Addington, engineer, said the western boundary of the property is the Coachella Valley Water District wash. They have a drainage designed to take care of the water and there will be no run-off problems. The drainage will go into the channel at the north end. Mr. Williams said in regard to the tennis courts the Commission required that the existing lights be modified and the other proposed courts have a lighting system con- forming with the lighting standards. Mayor Clark asked what percentage of the units were presently sold. Mr. Biddle said all but one in the present development. He estimated units in the new develop- ment would range between $35,000 and $40,000. Mayor closed the hearing. Councilman Brush moved approval by Resolution No. 74-92 subject to staff conditions. Councilman Aston seconded and motion carried unanimously. Meeting recessed at 8:37 P.M. Meeting resumed at 8:52 P.M. C. Case No. Change of Zone 01-73-PD - GERALD MOSS PROPERTIES - Consideration of final EIR for a proposed project located west of Painters Path and south of the westerly extension of Avenue 44 (W-2 and R-2-5000) Mr. Williams said this request is for a fraternal hall, a 200-unit motel or apartment complex, and a 600 seat theater/restaurant building on a 75 acre site west of Painters Path and south of the westerly extension of Avenue 44. He read the comments received from agencies to whom copies of the Environmental Impact Report had been sent. 3 Planning Commission had recommended that the Council certify the EIR as being complete, and staff recommended such action be taken by Resolution 74-84. Mayor Clark asked about traffic in addition to the Eagle development. Mr. Williams said this had been considered and a second access point to this area would be necessary and a bridge extension to El Paseo from the southeast was recommended. He said the change of zone consideration would be continued until January and it was his opinion that the general plan would be adopted before any action was taken on further development. Mayor closed the hearing. Councilman Brush moved, Councilman McPherson seconded that the final Environmental Impact Report be certified as being complete by Resolution No. 74-84. Motion carried unanimously. D. Case No. P.P. 1035 - CITY NATIONAL BANK, northwest corner of the intersection of El Paseo and Portola. Appeal of Planning Commission conditions of approval Nos. 2 and 3. Applicant requests that these conditions be deleted. Mayor opened the hearing. Mr. Williams said on August 12, 1974 the Planning Commission considered the request for plot plan approval and approved the project subject to 7 conditions. Subsequent to that the applicant appealed conditions No. 2 and No. 3 and asked that they be deleted. These conditions are: "2. As a part of construction, the applicant shall grant an easement to the City over the parking area of the property for public parking purposes and use for public transit. The form of the easement shall be in a form acceptable to the City Attorney." The applicant shall provide a future agreement to the City to construct those improvements in the future which are deemed necessary to fulfill the requirements of the proposed Specific Plan for the commercial areas of the City of Palm Desert as shown on Exhibit B." "3. Mr. Williams said staff is of the opinion that the conditions as written are necessary to conform to the Core Area Plan and it is on that basis they recommend the appeal be denied and the conditions set forth by the Planning Com- mission be applied to this plot plan. Mr. James Del Guerico, Vice President and general counsel for City National Bank, said they had waited for two years to bring something suitable for the area and the bank. They have prepared what they think is a well designed and desirable building. He said the City has asked that the bank dedicate part of its property for public parking and seeks an agreement from the bank to construct in the future in accordance with a plan which has not been reduced to more than the blueprint stage. He said these could be fatal to the development of this site. He said the bank could not continue with the existing conditions and requested they be eliminated. Mr. Don Cole, local manager, also objected to the proposed restrictions and thought the City plan would involve more congestion problems. There was further lengthy discussion and the Mayor closed the hearing. 4 Council felt they should have further study on this project before making a decision. Councilman Brush moved, Councilman Aston seconded that the public hearing be reopened. Mayor Clark moved that the hearing be continued until October 24 for further study. Councilman Brush seconded and motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 74-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Councilman Mc Pherson moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-91 be adopted. Motion carried unanimously. B. RESOLUTION NO. 74-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING A BOUNDARY AND FEDERAL AID URBAN SYSTEM OF STREETS Councilman McPherson moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-93 be adopted. Motion carried unanimously. C. RESOLUTION NO. 74-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, DETERMINING PREVAILING WAGE RATES FOR PUBLIC WORK, OCTOBER 1974 Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-94 be adopted. Motion carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 53 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING A REDEVELOPMENT AGENCY Councilman Brush moved, Councilman Aston seconded that further reading be waived and that ORDINANCE NO. 53 be passed to second reading. Motion carried unanimously. B. ORDINANCE NO. 56 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING THE REQUIREMENT OF TRASH ENCLOSURES AND CREATING THE STANDARDS FOR CONSTRUCTION OF TRASH ENCLOSURES Councilman Aston moved, Councilman Brush seconded that further reading be waived and that ORDINANCE NO. 56 be passed to second reading, as amended. Motion carried unanimously. For Adoption: A. ORDINANCE NO. 51 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, PERMITTING TRAVEL OF GOLF CARTS ON PUBLIC HIGHWAYS WITHIN SAID CITY Councilman Brush moved, Councilman Aston secnded that further reading be waived and that ORDINANCE NO. 53 be passed to second reading, as amended. Motion carried unanimously. 5 B. ORDINANCE NO. 54 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING THE REPEAL OF SEC. 18.12 OF ORD. 348 OF RIVERSIDE COUNTY, REPEAL OF ORD. NO. 27 AND THE ADOPTION OF INTERIM OFF-STREET PARKING STANDARDS Councilman Aston moved, Councilman Brush seconded that further reading be waived and that ORDINANCE NO. 54 be adopted, as corrected. Motion carried unanimously. C. ORDINANCE NO. 52 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, PROHIBITING DRAINAGE OR OVERFLOW OF WATER ON SIDEWALKS, STREETS, OR ANY PUBLIC PLACE Councilman Brush moved, Councilman Aston seconded that further reading be waived and that ORDINANCE NO. 52 be adopted. Motion carried unanimously. X. NEW BUSINESS A. Request for approval of final map for recordation Tract 5554 - IRONWOOD Attorney Erwin recommended approval by Resolution No. 96-47 for recordation of Tract 5554. Councilman Aston moved, Councilman Brush :seconded that Tract 5554 be approved for recordation by Resolution No. 96-47. Motion carried unanimously. B. Request for Determination of Proposed Public Works Projects in the City of Palm Desert Councilman Aston moved, Councilman Brush seconded that the proposed sewer projects to be constructed by the Coachella Valley County Water District are in conformance withthe adopted Cove Communities Plan. Motion carried unanimously. C. Request to approve Joint Powers Agreement for membership in SCAG Councilman Aston moved, Councilman Brush seconded that the Joint Powers Agreement with SCAG be approved. Motion carried unanimously. Councilwoman Benson moved, Councilman Aston seconded that the Mayor be the official delegate, and that the Mayor Pro Tem be the alternate delegate to the General Assembly. Motion carried unanimously. D. Request to approve a contract with Mrs. Marjorie Lindamood for development of a records management program Councilman McPherson moved, Councilman Brush seconded that the request be approved and the Mayor be authorized to sign the contract. Motion carried unanimously. E. Request for authorization to call for bids for general street overlay program for the City Council agreed to remove this item from the agenda and hold over to the next regular meeting. 6 XI. ORAL COMMIJNICATIONS - None XI. REPORTS & REMARKS A. City Manager Mr. Hurlburt asked for authorization to move ahead on securing additional space for the City Council. Councilman Aston moved, Councilman Brush seconded that the City Manager be authorized to proceed with negotiations. Motion carried unanimously. B. City Attorney Mr. Erwin said he will do what he can to see if restitution can be made for expenses incurred for the Concerned Citizens law suit. Mr. Hurlburt will compile a list of expenses. C. Mayor & City Council Councilman McPherson asked for an Executive Session to discuss personnel. Meeting adjourned to Executive Session at 10:30 P.M. Meeting called to order at 11:20 P.M. and adjourned at 11:21 P.M. ATTEST: 1 � ?, HENRY CLARK , MAYOR 7 MaryPaint r-Deputy City Clerk