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HomeMy WebLinkAbout1974-09-12I. CITY COUNCIL MEETING SEPTEMBER 12, 1974 PALM DESERT MIDDLE SCHOOL 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 September 12, 1974 at the Palm Desert Middle School. II. PLEDGE OF ALLEGIANCE III. INVOCATION IV. ROLL CALL V. 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 AWARDS AND PRESENTATIONS - None VI. APPROVAL OF MINUTES A. The minutes of the Regular City Council August 22, 1974 were approved as submitted. B. The minutes of the Special City Council September 3, 1974 were approved as submitted. VII. CONSENT CALENDAR meeting of meeting of A. Letter from Palm Desert Junior Women's Club dtd 8/4/74 re stop signs Action: To be discussed later in the agenda B. Letter request from Foundation for Retarded Children of the Desert for a City contribution of $1,000 from its portion of revenue sharing funds to help support the Foundation Action: To be discussed in detail later in the agenda C. Letter from the Mayor of Modesto, California, for Palm Desert support in opposition to Proposition 17 relative to the New Melones Reservoir project in Stanislaus County Action: City Council instructed the City Attorney to prepare a Resolution expressing objection to Proposition 17 D. Case No. Change of Zone - 01-74-PD - H. F. AHMANSON & CO. Request for an amendment of the Palm Desert Zoning Ordinance from Zone R-2-7000 (Multiple Family Dwelling) to Zone C-P-S (Scenic Highway Commercial) on approximately 12.5 acres located at the northwest corner of the intersection of State Highway 111 and Monterey Ave. - R-2-7000 Action: Set for Public Hearing on 10/10/74 Councilman Brush requested Item A be removed. ACTION: Councilwoman Benson requested Item B be removed from the Consent Calendar. Councilman Aston moved, Councilman McPherson seconded that the remainder of the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARINGS A. Continued Public Hearing on Palm Desert Interim Core Area Plan - to consider the establishment of a plan for the commercial area of the City of Palm Desert The Mayor opened the hearing. Larry Morrison of Wilsey & Ham gave a summary of the Palm Desert Interim Core Area Plan - the land use development concepts, circulation system, and environment concepts. Mr. Hurlburt said Items X.A.1.(2) and XI.A. are connected with subject item and explained the legal ability to adopt the plan. He said staff was recommending adoption of an ordinance allowing the present freeze in the Core Area to expire and continue the same freeze on the remainder of the community. Along with the adoption, staff recommends two stipulations should be made: (1) Eliminate all reference to channeli- zation of the Frontage Roads from the plan. (2) Make a firm commitment that there will be no elimination of Frontage Road parking unless there has been adequate alternate parking provided. After adopting the plan, staff recommends that a Traffic Priorities Committee be established this evening with specific appointments'.to be made at the next meeting Also, under Item XI.A., staff recommends authorizing the City Manager to proceed with consultant contracts for a redevelopment plan. Further, a Core Area Finance Committee is recommended to be created this evening and specific appointments to be made at the next meeting. Mr. Williams said a petition signed by 104 persons had been submitted by Martin Paul Berne, realtor,opposing the precise or specific plan of the City Council and offering an alternate plan. In addition, he said a number of letters had been received over the last meetings, in- cluding a petition with 154 signatures opposing the plan. .Mayor Clark emphasized this is a long-range plan and that before action is taken to implement any part of it there would be adequate study by professionals. Mr. Harold McCormick, Indian Wells, inquired about easements on his property in the Core Area. 2 Mr. Cliff Henderson said he had employed one of the top land engineers at his own expense to study the Frontage Road system and asked for 5 weeks time for com- pletion of this study. Mayor Clark explained that the Priority Traffic Committee would do just what Mr. Henderson suggested. Be- fore a one-way street is established or before anything is implemented a staff of professionals would study this and come up with a recommendation. Concurrently, the Finance Committee will be coming up with recommendations as to how to finance and with a time schedule. "Tiger" Berne, resident of Palm Desert, said he had 37 petitions with a total of 1,850 signatures which he will submit as soon as he makes copies and picks up addi- tional petitions. Mr. Lyman Martin was of the opinion the Traffic Committee could be created in advance of a plan being adopted. Mr. George Marzicola, President of the Board of Realtors, restated their position to postpone adoption of a plan until the end of this year. There were no further proponents nor opponents. The Mayor closed the hearing. Mr. Hurlburt read Resolution No. 74-74 in full, adding the words "in concept" in the last sentence of Section 1. He said the complete recommendation would be to adopt this Resolution approving and adopting the plan subject to the following conditions: (1) Eliminate all reference to channelization of the Frontage Roads from the plan, and (2) Make a firm commitment that there will be no elimination of Frontage Road parking unless there has been adequate alternate parking provided. Councilwoman Benson said she was concerned about acquiring property, such as Mr. McCormick, referred to above. Councilman McPherson said he thought the Council would have to face up to the fact there is a problem and that he thought their action tonight was the first step in solving the problem and delaying a decision would not help. Councilman Brush said he had been opposed to several parts of the plan but now feels there is a reasonable compro- mise. Councilman Brush moved that Resolution No. 74-74 be adopted as amended with the two stipulations and the inclusion of the reference to the schedule. Councilman Aston seconded. Councilman McPherson commented he hoped approval of the plan over those objectors would not preclude their assistance in implementing the plan and they would continue to give in -put. Motion carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None Mr. Hurlburt explained the responsibilities and suggested composition of the Core Area Priority Traffic Advisory Committee. 3 Councilman McPherson moved, Councilwoman Benson seconded that the Core Area Priority Traffic Advisory Committee be established. Motion carried unanimously. Mayor Clark made a recommendation that Vice Mayor Noel Brush be a member of the Committee from the City Council and serve as Chairman. Motion seconded by Council- man Aston and carried unanimously. X.A. ORDINANCE NO. 49 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, RESTRICTING DEVELOPMENT (URGENCY ORDINANCE) Attorney Erwin read pertinent parts of the Ordinance, including his recommendation for a revision. Following some discussion, Councilman Brush moved, Councilwoman Benson seconded that Ordinance No. 49 be adopted, as amended, as an urgency ordinance. Motion carried unanimously. XI.A. PROPOSAL BY CITY MANAGER, AS REQUESTED BY CITY COUNCIL, FOR NECESSARY ACTION TO TAKE INITIAL STEPS TOWARDS CREATING A REDEVELOPMENT PLAN FOR THE PALM DESERT CORE AREA Councilman Aston moved that the City Manager be instructed to negotiate agreements with appropriate consultants for presentation to Council for approval at the earliest possible date. Seconded by Councilwoman Benson and motion carried unanimously. Mr. Hurlburt recommended establishment of a Core Area Redevelopment Finance Committee. Councilman Brush moved, Councilman Aston seconded that a Core Area Redevelopment Finance Committee be established. Motion carried unanimously. Councilman Brush moved that Councilman Jim McPherson be a member of the Committee from the City Council and serve as Chairman. Motion seconded by Councilman Aston and carried unanimously. Meeting recessed at 8:43 P.M. Meeting resumed at 8:57 P.M. VIII. PUBLIC HEARINGS B. Case No. GPA-02-74-PD - H. F. AHMANSON & COMPANY Public Hearing on the final Environmental Impact Report prepared for the General Plan Amendment, Change of Zone, and Plot Plan approval for the Desert Mart project to be built on 12.5 acres located on the northwest corner of the inter- section of State Highway 111 and Monterey Avenue - The Mayor opened the hearing. Mr. Williams reported the Planning Commission recommended certification of the final EnVironmental Impact Report to include the draft EIR, the staff report, comments received from other agencies, and information provided in the Public Hearings held on the EIR "Tiger" Berne and Cliff Henderson spoke against the Desert Mart project and were informed by the Mayor and Mr. Williams that this was the EIR and not the appropriate place to discuss the actual project. 4 The Mayor closed the hearing. Councilman Brush moved that the final Environmental Impact Report be certified as complete. Councilman McPherson seconded the motion which was carried unanimously. C. Case No. GPA-02-74-PD - H.F. ANHAMSON & COMPANY for Desert Mart - Public Hearing on the General Plan Amendment request to change the land -use designation of the Cove Communities General Plan from medium density residential (5-10 units per acre) to community shopping center commercial for property located on the northwest corner of State Highway 111 and Monterey Avenue The Mayor opened the hearing. Mr. Williams explained this was only the General Plan Amendment and that the actual project was not being considered at this time. Councilman McPherson asked if a General Plan Amendment were necessary since the Core Area Plan had been adopted. Attorney Erwin was of the opinion that the Amendment should be processed. Councilman McPherson inquired as to what zoning would be attached to the property, and Mr. Williams indicated C-P-S. He asked if any kind of commercial development other than shopping centers could occur under the zoning, and Mr. Williams indicates yes. Councilman McPherson further asked if there were controls under the C-P-S zone to guarantee that a shopping center would be built there. Mr. Williams said the Core Area Plan limits the development to that shopping center. Councilman McPherson moved, Councilman Aston seconded that Case No. GPA-02-74-PD be approved subject to Planning Commission recommendations. D. Case No. 8MF - H. THORSON - Request for Plot Plan approval to permit construction of 66 carports for the Desert Garden Apts located at 45-278 Deep Canyon Rd. After a lengthy discussion, Councilwoman Benson moved and Councilman McPherson seconded that Case No. 8MF appeal be denied and the Planning Commission decision upheld and that the following three additional conditions be included: (1) The total number of carports shall be reduced to 62 and the proposed carports fronting on Deep Canyon Road are eliminated. (2) The carports shall be constructed of wood and stucco material with walls placed on the rear and sides of the carport structures in a manner acceptable to the Director of Environmental Services. (3) Individual storage areas shall be provided within the carport areas in a manner acceptable to the Director of Environmental Services. Motion carried by the following vote: AYES: Aston; Benson; McPherson NOES: Brush; Clark E. Case No. Tract 4489 - MORGAN-MITSUBISHI DEVELOPMENT CO. - Request for a second extension of time (until 9/12/75) to file the final map on a 248-unit condominium project on 30.5 acres of land bounded by Avenue 44 on the north, Painters Path on the west, Palm Valley Channel on the south, and State Highway 111 to the east. Councilman Brush moved, Councilman Aston seconded that Case No. Tract 4489 be set for Public Hearing on 9/26/74. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 74-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS Councilman Aston moved, Councilman McPherson seconded that further reading be waived and that RESOLUTION NO. 74-67 be adopted. Motion carried unanimously. B. RESOLUTION NO. 74-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AUTHORIZING SPECIAL ADVERTISING DISPLAYS Councilman Brush moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-68 be adopted. Motion carried unanimously. C. RESOLUTION NO. 74-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST CITY TREASURY Councilman McPherson moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-69 be adopted. Motion carried unanimously. D. RESOLUTION NO. 74-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING STOP CONTROL AT VARIOUS INTERSECTIONS Item relative to four-way stop signs at Portola and El Paseo is being held over for two weeks. E. RESOLUTION NO. 74-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ADOPTING PALM DESERT BUDGET FOR FISCAL YEAR1974-75 This Resolution was tabled. F. RESOLUTION NO. 74-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING POLICY FOR THE UNDERGROUNDING OF UTILITIES THROUGH THE USE OF UNDERGROUNDING DISTRICTS AS PROVIDED FOR IN CITY COUNCIL ORDINANCE NO. 20 Councilman Aston moved, Councilman Brush seconded that Resolution No. 74-72 be held over to September 26, 1974 for further study. Motion carried unanimously. RESOLUTION NO. 74-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING A POLICY OF CARPORT DESIGN FOR RESIDENTIAL DEVELOPMENTS Councilman Aston moved, Councilwoman Benson seconded that further reading be waived and that RESOLUTION NO. 74-73 be adopted, as amended. Motion carried unanimously. X. ORDINANCES A. For Introduction: 2. ORDINANCE NO. 46 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING ORDINANCE NO. 36 OF THE CITY RELATING TO TRAFFIC REGULATIONS Councilman Brush moved, Councilman Aston seconded that further reading be waived and that ORDINANCE NO. 46 be passed to second reading. Motion carried unanimously. 3. ORDINANCE NO. 50 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING A CONTRACT WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM Councilman McPherson moved, Councilwoman Benson seconded that further reading be waived and that ORDINANCE NO. 50 be passed to second reading. Motion carried unanimously. 4. ORDINANCE NO. 51 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING UNREGISTERED GOLF CARTS ON THE PUBLIC RIGHT OF WAY IN ACCORDANCE WITH SECTION 2115 OF THE CALIFORNIA VEHICLE CODE Councilman Aston moved, Councilman McPherson seconded that further reading be waived and that Ordinance No. 51 be passed to second reading subject to the map delineating the areas being revised to reflect the existence of a golf course at the Sun King Mobilehome Park. Motion carried unanimously. B. For Adoption: 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 McPherson seconded that further reading be waived and that ORDINANCE NO. 48 be adopted. Motion carried unanimously. XII. CONSENT ITEMS HELD OVER B. Letter request from Foundation for Retarded Children of the Desert for a City contribution of $1,000 from its portion of revenue sharing funds to help support the Foundation It was pointed out by Mayor Clark that the City has not established any policy or guidelines for the distri- bution of monies to the private sector or charitable activities and that also, this being the first year of operation the City would like to have a thorough understanding of its financial capabilities before making any commitments of this nature. It was pointed out by Mr. Hurlburt that while Federal law autho- rizes use of these monies for requested purposes the California Attorney General does not feel that it is legal by State law and, therefore, until such time as this matter is resolved at the State level we should move very cautiously. 7 XIII. NEW BUSINESS - None XIV. ORAL COMMUNICATIONS - None XV. REPORTS & REMARKS 1. City Manager Mr. Hurlburt said the Desert Sands Unified School District Board had approved our request to develop a joint agreement between the City and the School District for a long range use of the community park site properties and that we would be getting together in the immediate future. He further advised the Council that the problem relating to the poorly located signal at the southwest cut-off of Highway 111 and Highway 74 had been reported to the State over a month ago and they have been actively working on it since and will probably correct the problem by putting in the type of light that cannot be seen once you have turned a certain number of degrees away from the light. 2. City Attorney - None 3. Mayor & City Council Councilman McPherson presented a request from the Palm Desert Lions Club for a block party on October 26, 1974 requiring the closing of San Pablo Street for a limited period of time. City Manager recommended approval of the Resolution subject to the conditions which would be attached by the City Manager. Councilman McPherson moved, Councilman Brush seconded that Resolution No. 74-75 be adopted. Motion carried unanimously. XVI. ADJOURNMENT Meeting adjourned at 11:10 P.M. to September 17 at 5:00 P.M. at the City Hall Conference Room. ATTEST: • c-P\ HENRY B. C]fRK, MAYOR Mary Painted' -Deputy City Clerk 8