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HomeMy WebLinkAbout1974-09-26CITY COUNCIL MEETING SEPTEMBER 26, 1974 PALM DESERT MIDDLE SCHOOL I. The regular meeting of the Palm Desert City Council was called to order by Mayor Clark at 7:02 P.M. on September 26, 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, PRESENTATION & APPOINTMENTS A. Appointments to the Citizens Advisory Committee 1. Joe Benes 2. Ted Smith 3. Lyman Martin 4. Bob Solis B. Appointments to the Core Area Traffic Priority Committee 1. Member of City Council - Chairman - Noel Brush 2. Member of Planning Commission - William Seidler 3. Member of Citizens Advisory Committee - George Berkey 4. Member of Chamber of Commerce - Herb Powers 5. Cal Trans Traffic Engineer - John Chaudoin 6. County Traffic Engineer - Ben Dobbins 7. Representative from Sheriff's Dept. - Lt Arthur Renney 8. Member of A.C.S.C. - Richard L. Jandt, Manager 9. Citizen at Large - Al Koch C. Appointments to the Core Area Redevelopment Finance Committee 1. Member of City Council - Chairman - Jim McPherson 2. Manager from a Palm Desert bank - Don Cole 3. Manager from a Palm Desert Savings & Loan Association - Tom Gillette 4. Representative from a local stock brokerage agency - Richard Kite 5. Representative from the accounting field - Bob Buttcane 6. Representative from the insurance field - 7. A businessman from within the redevelopment area Bill Hannon VI. APPROVAL OF MINUTES A. Minutes of the Regular City Council meeting of September 12, 1974 were approved as submitted. B. Minutes of the Adjourned City Council meeting of September 17, 1974 were approved as corrected. C. Minutes of the Adjourned City Council meeting of September 20, 1974 were approved as submitted. VII. CONSENT CALENDAR A. Written Communications 1. Appeal of Case No. P.P. 1035 - City National Bank Action: Set for Public Hearing on 10/10/74 2. Case No. Tract 4442 - ENVIRONMENTAL DEVELOPMENT CORPORATION for MOUNTAINBACK - Consideration of a revised map for Tract 4442 for the third and final phase of the Mountainback development, with 209 con- dominium units on 33.6 acres located west of State Highway 74 and south of the westerly extension of Homestead. Action: Set for Public Hearing on 10/10/74 3. Case No. CUP No. 1357 - ENVIRONMENTAL DEVELOPMENT CORPORATION for M0UNTAINBACK - Consideration of an amendment of CUP No. 1357 to permit a redesign of the site plan for the third and final phase of the project encompassing 33.6 acres located west of State Highway 74 and south of the westerly extension of Homestead Action: Confirmed the action of the Planning Commission 4. 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) Action: Set for Public Hearing on 10/10/74 ACTION: Councilman Brush moved, Councilman Aston seconded that the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARINGS A. Case No. Tract 4489 - MORGAN-MITSUBISHI DEVELOPMENT CO. Request for second extension of time (until September 1975) to file 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. Mayor opened the hearing. Mr. Williams said this request is for a second extension of time approved under the County in March 1972 subject to 15 conditions. Subsequently in August 1973 the County granted a second extension of time. This is the second request for an extension of time to September 1975. In re- viewing this request the staff felt consideration should be given to the relationship between the developer and the core area plan. Staff recommended approval of the extension of time subject to the original 15 conditions and the following additional 7 conditions: 16. The developer shall enter into a future agreement with the City of Palm Desert to pay for 1/4 of the cost of the installation of a traffic signal system at the inter- section of Highway 111 and 44th Avenue. Said agreement shall be written in a manner acceptable to the City Attorney. Said agreement shall be filed and accepted with the City prior to the recordation of any subsequent units of this tract. 17. In a manner acceptable to the City Traffic Engineer and as a part of the public improvements of any subsequent phase, the developer shall install standard stop signs at all intersections of the private driveways from public streets. 18. In a manner acceptable to the City Road Department, all driveway intersections with public streets shall be perpendicular to the public streets and adequate line - of -site shall be established at all intersections. 19. In a manner acceptable to the County Road Department and as a part of any subsequent unit, the required public improvements shall include a temporary cul-de-sac to be installed at the easterly terminus of Painters Path. 20. As a part of the development of any subsequent phase of this tentative map, the developer shall provide plans and construct a bicycle path and landscape buffer in- cluding mounding as approved by the Architectural Review Board within the unused right-of-way and the area between the northerly property line of the subject property and the street shown as street "C" on the tentative map for the full frontage of the subject property on Highway 111. Said bicycle path and landscape buffer shall also be extended along the Highway 111 frontage including the unused right-of-way for depth of 20 feet in the proposed vehicle storage area located at the northeast corner of the subject property. In no event shall the required bicycle path and landscape buffer be a minimum of 22 feet in depth. The plans for the proposed system (bicycle path/landscape buffer) shall be submitted as a part of the plans for the first building permit application on the subject property. 21. An easement in the form acceptable to the City Attorney shall be granted to the City as a part of any subsequent phase of this tentative map for the public use of the required bicycle path described in Condition No. 20, when said path is located on any portion of the subject property. 22. The applicant and/or any subsequent Home Owners Associa- tion shall be responsible for the maintenance of the bicycle path and landscape buffer to be installed along Highway 111. Mr. Bruce Robertson, representing the developer, said this was a request for an extension of the tentative map which has been approved. They are not now in a position to proceed so are asking for the extention. They agree to participate in the bicycle path program but requested exemption from liability for injuries as a result of the path. He would like to work this out with the attorney. They are reviewing the concepts to make the project better but have not reached an agreement with the developer. There were no opponents, and the Mayor closed the hearing. There was discussion over Painters Path being closed and the possibility of a bridge across. Staff will pursue this further through the County Road Commissioner and Wilsey & Ham. Councilman Brush moved that the extension to September 12 1975 be granted. Motion seconded by Councilman Aston and carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None B. Zoning Ordinance Amendment - 01-74-PD - To consider an amendment to the Palm Desert Zoning Ordinance which would establish revised parking standards in the City, Section 18.12 The Mayor opened the hearing. Mr. Williams went over the proposed Ordinance No. 54 in detail. Bernie Leung, architect, objected to the parking area space. There was further discussion on irrigation and parking stalls. Councilman Brush moved that further reading be waived and that Ordinance No. 54 be passed to second reading subject to the following changes: Section .03 (1) "10 feet" shall be changed to "9 feet"; (5) "Landscape and irrigations plans" shall be changed to "Landscape and automatic irrigation plans"; and (6) shall be eliminated. Motion seconded by Councilwoman Benson and carried unanimously. IX RESOLUTIONS A. RESOLUTION NO. 74-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING AN OPERATING BUDGET FOR THE PERIOD OF JULY 1, 1974 THROUGH JUNE 30, 1975 Councilman Brush moved, Councilman McPherson seconded that Resolution No. 74-71 be continued to the next adjourned or regular meeting. Motion carried unanimously. B. 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 Councilman McPherson moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-72 be adopted. Motion carried unanimously. C. RESOLUTION NO. 74-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING STOP CONTROL AT EL PASEO AND PORTOLA Councilman Brush moved, Councilman McPherson seconded that further reading be waived and that RESOLUTION NO. 74-76 be adopted. Motion carried unanimously. D. RESOLUTION NO. 74-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,URGING A NO VOTE ON PROPOSITION 17 BY ALL CITIZENS OF THE STATE Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-77 be adopted. Motion carried unanimously. 4 E. RESOLUTION NO. 74-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST CITY TREASURY Councilman Aston moved, Councilman McPherson seconded that further reading be waived and that RESOLUTION NO. 74-78 be adopted. Motion carried unanimously. F. RESOLUTION NO. 74-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REVISING THE APPLICATION FEE SCHEDULE Councilman Aston moved, Councilwoman Benson seconded that further reading be waived and that RESOLUTION NO. 74-79 be adopted. Motion carried unanimously. G. RESOLUTION NO. 74-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING A POLICY ON REQUIREMENT OF INSTALLATION OF CURB AND GUTTER AS PART OF DEVELOPMENT Councilman Brush moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-80 be adopted. Motion carried unanimously. H. RESOLUTION NO. 74-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, OPPOSING FURTHER RATE INCREASES FOR ELECTRIC UTILITIES Since this Resolution had not been prepared, it will be placed on the next agenda. Motion carried unanimously. I. RESOLUTION NO. 74-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING AN ENVIRONMENTAL IMPACT REPORT ON GPA-02-74-PD Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 84-82 be adopted. Motion carried unanimously. X. ORDINANCES A. For Introduction: 1. 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, Councilwoman Benson seconded that further reading be waived and that ORDINANCE NO. 52 be passed to second reading. Motion carried unanimously. 2. RESOLUTION NO. 74-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, DESIGNATING EXEMPT PERSONNEL FROM REQUIRE- MENTS OF 1974 FAIR LABOR STANDARDS ACT This was originally on the agenda as an Ordinance. Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-85 be adopted. Motion carried unanimously. 3. ORDINANCE NO. 51 - AN ORDINANCE OF THE CITY OF PALM DESERT, PERMITTING TRAVEL OF GOLF CARTS ON PUBLIC HIGHWAYS WITHIN SAID CITY Councilman Brush did not think Highway 111 was the place for golf carts. Councilman Brush moved, Councilwoman Benson seconded that further reading be waived and that ORDINANCE NO. 51 be passed to second reading, subject to the following addition: "Said carts may cross Highway 111 but are otherwise prohibited from traveling upon said Highway." Motion carried unanimously. Meeting recessed at 8:35 P.M. Meeting resumed at 8:50 P.M. B. For Adoption: 1. 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 adopted. Motion carried unanimously. 2. ORDINANCE NO. 50 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AUTHORI- ZING A CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT Councilman Aston moved, Councilman Brush seconded that further reading be waived and that ORDINANCE NO. 50 be adopted. Motion carried unanimously. XI. CONTINUING BUSINESS A. Requesting the determination for Proposed Public Works projects in the City of Palm Desert RESOLUTION NO. 74-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING AND ADOPTING PROJECTS PROPOSED TO BE CONSTRUCTED BY THE COACHELLA VALLEY COUNTY WATER DISTRICT AND DETERMINING THE SAME TO BE IN COMPLIANCE WITH THE ADOPTED COVE COMMUNITIES GENERAL PLAN Councilwoman Benson moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-83 be adopted. Motion carried unanimously. B. Agreement approving Joint Powers Agreement between Coachella Valley Recreation & Park District and the City of Palm Desert Councilman Brush moved, Councilman Aston seconded that the Agreement be approved and that the Mayor be autho- rized to sign. Motion carried unanimously. C. Request to approve consultant contracts for re- development agency Mr. Hurlburt recommended this item be carried over to the next regular or adjourned meeting. Councilman Aston moved, Councilwoman Benson seconded that the request to approve consultant contracts for re- development agency be postponed to the next adjourned or regular meeting. Motion carried unanimously. Mayor Clark asked Mr. Hurlburt to give a comparative cost of the Desert Southwest Art Gallery. After his presentation and discussion Councilman Brush said he thought the staff had spent enough time on this project, that it had not been recommended by the Citizens Advisory Committee, that it is not the first choice, or even the second choice of the master planners, that it is not number one on our priority list, that it seems to conflict with the long range objectives, and that the first year's budget has not yet been approved. For these reasons Councilman Brush moved that the project be dropped. Seconded by Councilwoman Benson who added that the general plan should be adopted before selecting a City Hall site. Motion carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None XII. CONSENT ITEMS HELD OVER None XIII. NEW BUSINESS Mr. Hurlburt ,said two important items had been held over - the budget and the consultants contracts. He recommended an adjourned meeting on Tuesday, October 1 at 7:30 P.M. and a study session at City Hall at 5:00 P.M XIV. ORAL COMMUNICATIONS Mrs. Wayne DeuPree exhibited a pornographic newspaper which was available at local stores and she urged for an ordinance to be drafted whereby if these papers are sold on private property there could be some type of control. Attorney Erwin will check with the local district attorney to see what possibly could be done. Mayor Clark directed the City Attorney to so do and in addition suggested that women's organizations particularly advise the store owners near their property of their objections. • XV. REPORTS & REMARKS 1. City Manager Mr. Hurlburt advised he had received the following Resolution from the Coachella Valley County Water District: RESOLUTION NO. 74-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT IN SUPPORT OF THE DRAFT ENVIRONMENTAL IMPACT REPORT - PERIPHERAL CANAL PROJECT AND OF THE PERIPHERAL CANAL AS A FEATURE OF THE STATE WATER PLAN Mr. Hurlburt read the Resolution in full. Councilman Brush moved, Councilman Aston seconded that RESOLUTION NO. 74-86 be adopted. Motion carried unanimously. 2. City Attorney Mr. Erwin presented the following Resolution: RESOLUTION NO. 74- 87- A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPOINTING THE COUNTY SURVEYOR AND ROAD COMMISSIONER OF THE COUNTY OF RIVERSIDE AS THE CITY ENGINEER 7 Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-86 be adopted. Motion carried unanimously. 3. Mayor & City Council Councilman McPherson asked that staff prepare whatever ordinances are necessary to take steps that any future developers will be required to put in any necessary bridges and road construction. Mr. Hurlburt said staff will follow through. Councilman Brush suggested this be considered at a study session. Councilman Brush called attention to the stop signs at Avenue 44 and Portola which have been installed Councilwoman Benson asked if staff could not give them a copy of the Planning Commission minutes in their Council agenda. Also, she would like to have the Citizens Advisory Committee minutes more promptly. XIV. ADJOURNMENT Meeting adjourned at 9:45 P.M. to Tuesday, October 1 at 7:30 P.M. at Middle School, preceded by a Study Session at 5:00 P.M. at the City Hall Conference Room. ATTEST: HENRY B. ARK, MAYOR 8 T/ Mary Pai ter -Deputy City Clerk