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HomeMy WebLinkAbout1977-12-01MINUTES AMENDED MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, DECEMBER 1, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Edward Mullins called the meeting to order at 7:00 p.m. on Thursday, December 1, 1977, in City Hall Council Chambers. II. i III. PLEDGE - Mayor Pro-Tempore Jim McPherson INVOCATION - Mayor Ed Mullins IV. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council on November 10, 1977. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-044, 78-051, a.nd 78-052. Rec: Approve as presented. C. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. 1006, Catalina Way Improvement Project. Rec: Adopt a motion approving Change Order No. 3 to Contract 1006 extending the completion date for the contract from 75 working days to 90 working days D. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 1011, Flood Damage Repairs in Conjunction with FDAA. Rec: Adopt a motion approving Change Order No. 1 to Contract No. 1011 in the amount of a $225.00 increase. E. REQUEST FOR APPROVAL of Release of Monumentation Bonds for Tract No. 4798. Rec: Adopt a motion authorizing the City Clerk to release the Monumentation Bond for Tract 4798 in the amount of $500.00. F. LETTER OF APPRECIATION From Retired Senior Volunteers Program for the Cooperation Extended by the City Staff for Their Picnic. Rec: Receive and file. Councilman Brush moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. December 1, 1977 Page 1 VII. PUBLIC HEARINGS A. CONTINUED CASE NO. TT11215z PORTOLA GOLF RANCHOS, Applicant: Request for approval of a Tentative Tract Map To Create 201 Lots Within an Existing Mobile Home Subdivision Generally Located East of Portola Avenue and South of Avenue 42 in the R-M Zone. Mr. Paul Williams reported that the applicant had met with staff and was proposing to make some revisions to the Tract Map. The changes are not yet complete, and the applicant has requested that the hearing be continued to the meeting of December 8, 1977. Mayor Mullins asked for input in FAVOR of the project and none was offered. Mayor Mullins asked for input in OPPOSITION to the project and none was offered. Councilman Brush moved and Councilman McPherson seconded to con- tinue the hearing to the meeting of December 8, 1977. Motion carried unanimously. B. CASE NOS. C/Z 10-77, DP 11-77, AFFILIATED CONSTRUCTION, Applicant: Request for Approval of a Change of Zone from PR-3 to PR-6 and Related Development Plans To Provide for a 160 Unit Condo/Hotel, 56 Condominiums and 7 Single -Family Residences on Approximately 17.78 Acres Located South of Highway 111 at the City's Easterly City Limit Line. Mr. Williams reviewed the Staff report, pointing out the major concerns of the Planning Commission in their review of the case. Of major concern to the Planning Commission was the definition of the proposed condohotel. However, after review, it was decided that such a facility would con- form to the intent and purpose of the PC (4) Zone District. Therefore, the Commission did recommend approval. The density permitted under the proposed zoning would be 56 condominium units and seven single family lots along Candlewood. Mr. Williams stated that the Staff Report to the Commission had pointed out the fact that the Bechtel Report did provide as an alternate, a major storm channel along the easterly boundary of the easterly boundary of the subject property. Mr. Williams concluded that it was Staff's recommendation to approve the rezoning and development plan and explained that Resolution No. 77-138 and Ordinance No. 172 would require adoption to do so. Mayor Mullins declared the public hearing open and invited input in FAVOR of the project. MR. FRANK GOODMAN, 73-655 Shadow Mountain Drive, Palm Desert, addressed Council stating that he was in accord with the condi- tions as imposed by the Design Review Board, the Planning Commis- sion, and Staff. He requested approval as presented. Mayor Mullins invited input in OPPOSITION to the project and none was offered. Councilman Wilson expressed concern over the alternative selec- tion proposed by the Bechtel Report. If, in fact, the CVCWD did elect to use the alternate and had to purchase improved property from the developer, the acquisition could be quite costly. He suggested that the matter might be continued until such time as Staff could discuss the matter with Indian Wells and hear any concerns they may have. December 1, 1977 Page 2 Mr. Williams pointed out that Council would still have an opportunity to review the issue of drainage at the time the Tract Map is presented for approval. Hopefully, the Bechtel report will be more finalized at that time. Councilman Newbrander expressed concern over the fact that some of the proposed condominiums were 1,400 sq. ft. and yet 3 bedrooms. Mayor Mullins declared the public hearing closed. Councilman McPherson stated that he felt this development was something that had been needed in Palm Desert for a long time and moved to waive further reading and adopt Resolution No. 77-138. Councilman Brush seconded the motion; carried unanimously. Councilman McPherson moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 172 to second reading. Motion carried on the following vote: AYES: Brush, McPherson, Newbrander & Mullins NOES: Wilson ABSENT: None ABSTAIN: None 'Councilman Wilson expressed continued concern over the project and Indian Wells' position on the Bechtel report. Dave Erwin stated that if the developer did, in fact, go ahead to the extent they have expended funds, then they acquire vested rights and it might become an acquisition issue. Mr. Bouman stated that it was highly unlikely that Alternate 2 would be selected inas- much as it is already greatly blocked by existing development. C. CASE NO. C/Z 09-77, INITIATED BY PALM DESERT PLANNING COMMISSION Consideration of a Change of Zone from 'S' Study District to PR-5, N., S.P., P.C. (4), SP, and P.C. (4), N., S.P. or Other Zones Deemed Appropriate for a 15-Acre Parcel Located at the Northeast Corner of Deep Canyon and Highway 111. Mr. Williams presented the Staff Report for Council. He pointed out that after considerable discussion, the Commission had decided that a Planned -Commercial Resort designation for those parcels fronting on Highway 111 would be most favorable. The P.C. (4) designation would be compatible with both the Highway Zone in Indian Wells and the Palm Desert Redevelopment Plan. In addition, the proposal to zone those parcels on Highway 111 P.C. (4) and the northwesterly parcel PR-5 would insure that the residential nature of the west side of Deep Canyon would be protected. The Commission also recommended placing the entire parcel in the Scenic Preservation Overlay District and placed the southeast and northwest parcels in the Natural Factors Overlay District. Mr. Williams noted a letter received from Mr. Joseph E. Rapkin, owner of Parcel 20, who requested that the hearing be continued unless Council concurred with the Staff Report. Mr. Rapkin wrote on behalf of himself and the owners of Parcel 18, neither of which could be present that evening. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the rezoning. None was offered. Mayor Mullins invited input in OPPOSITION to the rezoning. MRS. MARION KENNY, 44-835 Deep Canyon, Palm Desert, addressed Council expressing her opposition to commercial development being permitted across the street from residences. She felt the noise and traffic would become unbearable for people living there. Councilman Brush responded that sooner or later this property is going to be developed, and the Council must find the best possible zoning for it. He expressed serious doubt that anyone would build a home on Highway 111. December 1, 1977 Page 3 Councilman McPherson stated that he felt the proposed zoning was a logical extension of the commercial zone. He also concurred with the feasibility of low density single family or condominium development behind the commercial zoning. Mayor Mullins declared the Public Hearing closed. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 173 to second reading. Motion carried unanimously. D. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Receive Public Input and Discuss Community Needs Relative to the Community Development Block Grant Program, 4th Year Monies. Mayor Mullins declared the Public Hearing open. Mr. Carlos Ortega, Assistant to the City Manager, reviewed the Staff Report with Council indicating that the request was for the City to rejoin the HCD Program for 4th year monies in conjunction with the County of Riverside. He stated that some projects to be submitted to Riverside County for review would include an improvement of the Rancho Road area to alleviate storm water problems; control of surface water across Highway 111 to include San Pasqual Avenue from Alessandro to Catalina; and a park which is under consideration in the COD Specific Plan. These projects will be proposed to the County of Riverside. Mayor Mullins invited input in FAVOR of the Program and none was offered. Mayor Mullins invited input in OPPOSITION to the Program and none was offered. The Mayor declared the Public Hearing closed. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-142, and authorize staff to submit the proposals to the County of Riverside. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO PLACE FOUR-WAY STOP SIGNS AT THE INTERSECTION OF AVENUE 44 AND MONTEREY AVENUE. Mr. Clyde Beebe reviewed the Staff Report pointing out that this particular intersection was not a normal four-way stop in that the westerly side of Avenue 44 is divided highway. This will be an interim measure until the City can install traffic signals, possibly this year. Councilman Brush stated his concern that warning signs or flashers be placed prior to coming to the new stop signs so that people will be aware that they have been installed. Mr. Beebe assured the Council that adequate warning devices would be installed. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-140. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None December 1, 1977 Page 4 XII. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT NO. 1016 - FLOOD DAMAGE REPAIRS IN CONJUNCTION WITH FHWA. Mr. Bouman reported that it had been almost 14 months since the "September Flood", and we have finally managed to cut through the Federal and State red tape to get approval on the last flood damage repairs. This project will complete all flood work and it is 100% reimbursable from the Federal Government. The low bid was received from Matich Corporation in the amount of $47,208.00, and Staff recommends award of contract. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-139. Motion carried unanimously. B. REQUEST FOR APPROVAL of Acceptance of Deed for 1.8 Acres at the Corner of Portola and Haystack and Authorization for Purchase of and Payment for Said Land. Mr. Bouman reported that this deals with the last development improvement of Marrakesh in which the "park in lieu" fees were put on deposit pending the ability to clear title to 1.8 acres for park purposes. That title is now clear, and we will receive the 1.8 acres and return their money to them. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-137. Motion carried unanimously. C. REQUEST FOR APPROVAL of Engineering Services Agreement ESA 1-77 with John Tuttle. Mr. Bouman stated that Mr. Richard Arnold's duties had been primarily to conduct engineering field inspections of public works projects, and when Mr. Arnold resigned, some crucial projects were underway that needed immediate attention. Therefore, the City had contracted with Mr. John Tuttle to carry out these inspection duties, and the request was for approval of a formal agreement with Mr. Tuttle. Mr. Bouman further advised that the Public Works Supervisor position had been advertised, and the Personnel Department was ready to proceed with interviews. Mr. Erwin stated some minor concern with the agreement presented and suggested Council approve it subject to his final approval. Councilman Brush moved and Councilman McPherson seconded to approve the agreement, subject to approval by the City Attorney, and authorize the City Manager to execute said agreement. Motion carried unanimously. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman reported that he had attended a meeting of the Sunline Transportation Agency and learned that the figures resulting from the free bus ride in Palm Desert were very encouraging. He explained the types of publicity that had been used for this program and expressed gratitude to the press for the coverage they had given. Because of the encouraging increased ridership, Staff was recommending that the free bus ride be continued for at least another month. Councilman McPherson stated his concurrence but indicated he felt December would be a slow month and that the free rides should be continued at least another month if not longer. December 1, 1977 Page 5 Councilman McPherson moved and Councilman Wilson seconded to continue the free bus service for at least one more month. Motion carried unanimously. 2. CITY ATTORNEY None 3. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson stated his concern over the lack of enforcement of the 40 mph speed limit on Haystack Road. He stated that very few drivers adhered to the speed limit, and the Sheriff's Department should be asked to patrol it more frequently. Mr. Bouman stated that he would be sure to advise the Sheriff's Department so that they could investigate the situation. Councilman Wilson also pointed out the high speed limits on Highway 74 entering Palm Desert and inquired as to whether or not something could be done about lowering them. Mr. Bouman advised that this would be more difficult inasmuch as it is a State Highway, but he would look into the matter. Councilman McPherson stated that a few weeks prior, articles had appeared in the Desert Sun about the City of Palm Desert. Although he commended Mr. Steve Moore for the articles and the manner in which they were written, he asked to go on record as disagreeing with Mr. Stanley Sayles of the Com- munity Services District who had been quoted as referring to Mr. Bud Engle, the City's Fire Marshal, as a "hero Fire :Iarshal". Mr. Sayles was also quoted as saying that the north side had no water problems until Mr. Engle came to the City. Councilman McPherson continued that in his eyes, Bud Engle was a hero and that if Mr. Sayles truly believed that the north side had no water problems until Mr. Engle arrived, then he was blind as those problems have existed for a very long time. It was Mr. Engle's concern for these problems and for the residents they will affect that should be highly commended. He concluded by saying that everyone who has come in contact with Mr. Engle has had nothing but the highest regard and praise for him. The entire Council expressed their strong concurrence with Councilman McPherson's statements. Councilman McPherson also took issue with Mr. Sayles' state- ment about the City taking over the Community Services Dis- trict. The City was asked by petition to make a study on the feasibility of such an action, but has no intention of taking over the District. Mayor Mullins asked that everyone note the future meetings and Mr. Williams pointed out that a Special Meeting of the Planning Commission would be held on December 6, 1977, at 7:00 p.m. for the purpose of holding a hearing on the COD Specific Plan. XVI. ADJOURNMENT Councilman Wilson moved and Councilman McPherson seconded to adjourn the meeting; carried unanimously. Mayor Mullins adjourned the meeting at 8:20 p.m. ATTEST: SHEILA R. GILLIGAN, Y CLERK CITY OF PALM DESERT, CALIFORNIA /, 6%-'< i7-r-k)( COWARD D. MULLINS, MAYOR December 1, 1977 Page 6