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HomeMy WebLinkAbout1978-08-10I. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 10, 1978 CITY HALL COUNCIL CHAMBERS CALL TO ORDER Mayor Pro-Tem McPherson called the meeting to order at 7:05 p.m. on Thursday, August 10, 1978, in City Hall Council Chambers. PLEDGE - Mayor Pro-Tempore McPherson INVOCATION - Councilman Newbrander ROLL CALL Present: Councilman Brush Councilman Newbrander Mayor Pro-Tem McPherson Also Present: Absent: Councilman Wilson (Excused) Mayor Mullins (Excused) Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Management Services Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATION, AND APPOINTMENTS. Mr. Frank Goodman, President of the Palm Desert Board of Realtors addressed Council and read a resolution of the Board which recommended that the Council, in conjunction with the Board of Realtors, form mediation panels to evaluate, make recommendations on, and publicize incidences of gross rental discrepancies in our area (resolution attached and made a part of these minutes as Exhibit "A"). The intent of this action would be to improve landlord -tenant relationships and to pre- vent unwarranted rent raises occasioned by the low vacancy rations presently existing in our community. Such a program would forestall the need for governmental intervention or action in the matter of rental costs. Mayor Pro-Tem McPherson stated that the last thing the Council wanted to do was to get involved in rent control. Mr. Bouman read Resolution No. 78-108, authorizing and directing the City Manager to formalize and implement a procedure for utilizing citizen mediation panels to solve cost disagreements. He recommended Council's adoption of the resolution. Mayor Pro-Tem McPherson commended the Board of Realtors for their action. He stated that one point should be made clear, however, and that was any decisions made by this panel would merely require voluntary compliance; the City will merely be a contact point. Councilman Brush moved and Councilman Newbrander seconded to adopt Resolution No. 78-108. Motion carried unanimously with the members present. August 10, 1978 Page 1 VI. CONSENT CALENDAR A. MINUTES of the July 27, 1978, Regular Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-015, 79-016, and 79-017. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JUNE, 1978. Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Anthony M. & Carol W. CORTESE for The Red Barn, 73-290 Palm Desert Drive, Palm Desert, California. Rec: Receive and file. E. REQUEST FOR REFUND by Prelude Development in the Amount of $52.30 for Unused Building Permit No. B 3325. Rec: Approve the request and authorize the refund from Account No. 11-4980-000. F. LETTER from Len and Muriel Surles, 73-288 Don Budge Lane, Palm Desert, California, Relative to the City's Sign Ordinance and Its Enforcement. Rec: Receive and file. G. LETTER FROM CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD Relative to the Investigation of Possible Wasteful Water Practices and Water Management Policies. Rec: Refer to City Manager for initiation of procedure. Councilman Brush moved and Councilman Newbrander seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. CASE NO. TT 12784, SILVER SPUR ASSOCIATES, Applicant: Con- sideration of a Tentative Tract Map Which Would Create a 2-Lot Subdivision to Provide for 100 Air Space Condominiums and Recreational Amenities on Approximately 10 Acres Within the PR-7 Zone Located North of Irontree Drive, West of Mariposa Drive and South of Foxtail Lane. Mayor Pro-Tem McPherson declared the Public Hearing open and asked Staff for its report. Mr. Williams stated that the proposed development was for 100 one and two story con- dominium units to be built around a total of 14 tennis courts. During its first review of the request, the Planning Commission did find three major reasons to deny the request: namely, traffic along Foxtail Lane, lack of amenitites, and density. For these same reasons, the Commission also rejected the related Design Review Case No. 134MF. However, at their regularly scheduled meeting of August 1, 1978, the Commission reviewed revised plans for the project and determined that the applicant had resolved the previous concerns with regard to traffic along Foxtail, the lack of amenities, and the definition of density. Mr. Williams reviewed the proposed development plan in detail. He pointed out that the total Ironwood complex is zoned PR-7. The property under consideration has a density allocation of 10 units per net acre. Therefore, the proposed density of just under 6 units to the gross acre (including the tennis courts) is in conformance with the existing zoning. August 10, 1978 Page 2 Mr. Williams concluded his input by reviewing the following letters in opposition to the Tentative Tract Map; Mr. R. S. Hoyt, Jr. Mr. Phil Pryne Mr. William E. Marfuggi & Mr. A. J. Bartolotta Mr. Gerald R. Knudson, Jr. Mr. Harold M. Messmer, Jr. Mr. George J. Fletcher Mr. Carl C. Gregory Mr. F. J. MacKie, Jr. Ms. Evelyn Gould Mrs. Emily L. Nesmith Mr. & Mrs, W. R. Mirams Mr. Jack C. Sayers Mr. C. F. Schindler Mr. Richard A. Nunis Mr. A. J. Diani Mr. & Mrs. Andre R. Horn Mr. Robert S. Gottesman Ms. Gloria M. Wonderly Mr. Kenneth F. Ames Mr. Richard V. Weagley Mr. Steven Z. Szczepanski Mr. William E. Marfuggi, Sr. Mr. R. A. Poliquin Mr. John L. Chenault Mr. Richard N. Carlson Mr. and Mrs. James A. Murphy Mayor Pro-Tem McPherson called for input in FAVOR of the project. MR. LARRY SPICER, President of Ironwood Country Club, addressed Council stating that 23 of the 26 letters referred to in Staff's report were responding to the issue of the definition of density. He pointed out that he had mailed a letter dated July 21, 1978, addressing that issue and others to his property owners, and he felt that since his letter was dated after the majority of those read, that these people had now had their questions answered. MR. DALE NAGLE, LaJolla, California, addressed Council as the architect for the project and reviewed the past develop- ment and objectives as well as those being proposed. He stated that of the 100 proposed units, 46 would be two story. MR. FRED ARBUCKLE addressed Council as the landscape archi- tect for the project and reviewed the entire landscaping theme, including how the drainage problems would be handled. MR. JIM WALLACE, 73-575 Encelia, addressed Council as an Ironwood property owner and rotated that he felt this project would enhance his property value. MR. RICHARD SCHOENMAN, 73-340 Oriole, Palm Desert, addressed Council as an Ironwood property owner and stated that this development had been properly explained to the homeowners as long as he had been living there which was since 1976. Mayor Pro-Tem McPherson invited input in OPPOSITION to the project, and the following was offered; MR. MIKE BAGNEL, President of the Homeowners Association, expressed opposition to the proposed density, the number of tennis courts proposed and their inaccessibility to the homeowners, parking on Foxtail, and lack of notice to the property owners that another hearing was to be held on the issue on August 1st. He said that he had received notifica- tion of the July hearing and had attended when the Tract was denied. He also stated that he felt this particular phase of the development would appeal to renters, and the develop- ment would be something less than what has been established. August 10, 1978 Page 3 MR. FRED McKEE, Ironwood resident, addressed Council stating that the proposed development would be more like a tenement than a condominium project inasmuch as it would appeal more to renters than to permanent homeowners. MS. MIRAGE, 73-302 Highway 111, Palm Desert, expressed con- cern over media reports she had heard relative to sewage seepage into the Valley water. She asked if this project approval would contribute to that problem. Mr. Bouman advised that Ironwood Country Club was on the sewer system. MR. ANTHONY LODICO, 73-610 Boxthorn, Palm Desert, expressed concern over the traffic volume which is already too great and stated that he would like to see half the requested density approved. He also expressed his disappointment at the rapid rate of growth of the entire city. MR. ALEX CAMPBELL, 73-416 Dalea Lane, Palm Desert, stated that this project should not be approved in mid July because of the fact that so many homeowners are not in town. He also opposed the density. MR. LARRY SPICER offered rebuttal to many of the points raised. He stated that even though the August 1st meeting had not required legal notification, he had personally noti- fied the property owners in Ironwood of the hearing. He pointed out that even though the major issue was density, he did not think the residents understood that although Ironwood was allowed 7 units to the acre overall, the average density in either proposed or already developed areas of the project was 2.8 units to the acre. Councilman Brush asked Mr. Williams why residents were not noti- fied of the August 1st meeting. Mr. Williams responded that under the City's ordinance, it was not a requirement to notice Design Review Board cases, which the revised development plan was. Mayor Pro-Tem McPherson asked if there was any further input and with none offered, he declared the Public Hearing closed, and asked Council for their pleasure. Councilman Brush stated that based on what the Council had heard relative to the net density at Ironwood, he felt Council had no choice but to approve the Tentative Tract Map. He so moved. Mayor Pro-Tem McPherson seconded the motion. Motion carried on the following vote: AYES: NOES: ABSENT: ABSTAIN: Brush & McPherson Newbrander Wilson & Mullins None B. APPEAL OF CASE NOS. DP 05-78 AND 117MF, TERRA INDUSTRIES, Applicant: Consideration of an Appeal of Planning Commission No. 373 Which Rejected a Development Plan and Preliminary Design Review for a 200-Unit Condominium Project Which Was To Be Located on Approximately 33 Acres at the Northwest Corner of Fairhaven Drive and Avenue 44. Mayor Pro-Tem McPherson declared the Public Hearing open and asked for the Staff report. Mr. Williams reviewed the Staff Report pointing out that the Planning Commission had denied the Development Plan and Preliminary Design Review for several reasons: The design of the proposed development was not felt to be in keeping with the character of the surrounding neighborhood and would be detrimental to the harmonious, orderly and attractive development contemplated by the Zoning Ordinance and General Plan; the overall site plan is poor; the design would not provide a desirable environment for occupants; the site plan would not function well for either residents or guests of the project; and the requirement of a 20 foot setback could not be met. Mr. Williams stated that Staff concurred with the findings of the Planning Commission and recommended denial of the appeal. August 10, 1978 Page 4 Mr. Williams reviewed the correspondence received relative to the project including a letter in favor of the project from Mr. Donald L. Balch, 73-431 Pinyon Street, Palm Desert, and a letter from the Planning Commission of the City of Rancho Mirage recommending approval. Mayor Pro-Tem McPherson asked for input in FAVOR of the appeal. MR. JACK BENNETT addressed Council as a representative for Terra Industries. He stated that their objective in developing this project was to meet a need in the community for smaller and less costly housing. He pointed out that his firm had developed a similar project in Orange County which had been very successful and well accepted. He noted the many changes that had been made since their initial submission of the project to the City, and stated that they were willing to make further changes to make the project not only compatible but desirable for the City of Palm Desert. He asked that if Council denied the appeal that they do so without prejudice so that they could come back and work on the project. Mayor Pro-Tem McPherson asked for input in OPPOSITION to the appeal and none was offered. He declared the Public Hearing closed. Councilman Brush moved to uphold the findings of the Planning Commission and deny the appeal without prejudice by Resolution No. 78-103. Councilman Newbrander seconded the motion; carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 78-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF ENVIRONMENTAL SERVICES THAT HAVE BEEN MICRO- FILMED. Mr. Bouman stated that this was merely a housekeeping matter in that the subject records had been kept the legal length of time, had been microfilmed, and by authorization of this resolution, could be destroyed. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-104. Motion carried unanimously with the members present. MAYOR PRO-TEM McPHERSON DECLARED A 15 MINUTE RECESS AT 9:10 P.M. AND RECONVENED THE MEETING AT 9:25 P.M. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 191 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING, REPEALING AND ADDING CERTAIN SECTIONS OF TITLE 5 OF THE PALM DESERT MUNI- CIPAL CODE PERTAINING TO BUSINESS LICENSE TAXES. Mr. Bouman advised that this ordinance would bring our City Code into conformance with State law by making the distinction between a contractor and an owner builder. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 191 to second reading. Motion carried unanimously with the members present. August 10, 1978 Page 5 For Adoption: Councilman Brush advised that since he had not been in attendance of the July 27, 1978, meeting where Public Hearings had been held on these ordinances, he had listened to the tape of the meeting. A. ORDINANCE NO. 188 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-1-20,000 TO PR-3 ON A 37.8 ACRE PARCEL LOCATED SOUTH OF LITTLE BEND AND NORTH OF MESA VIEW EXTENDED, BETWEEN ALAMO AND ARROW TRAIL. CASE NO. CZ 02-78. Mr. Bouman advised that this was a second reading of the ordinance. The Planning Commission did act on the Develop- ment Plan on the basis of PR-3, but no other input had been received. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 188. Motion carried unanimously with the members present. B. ORDINANCE NO. 189 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-5, S.P. AND PR-5 TO R-1-12,000 AND R-1-12,000 (S.P.) ON PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 74 BETWEEN HOMESTEAD ROAD AND PORTOLA AVENUE. CASE NO. CZ 04-78. Mr. Bouman stated that this was the second reading of the ordinance, and no further input had been received. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 189. Motion carried unanimously with the members present. C. ORDINANCE NO. 190 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-1 AND R-3 (4) TO R-3 (9) ON PROPERTY LOCATED ON THE EAST SIDE OF PORTOLA BETWEEN SAN MARINO CIRCLE AND ALESSANDRO STREET. CASE NO. CZ 06-78. Mr. Bouman advised that this was also a second reading, and no additional input had been received. Councilman Brush moved and Mayor Pro-Tem McPherson seconded to waive further reading and adopt Ordinance No. 190. Requiring three affirmative votes, the motion failed on a 2-1 vote, with Councilman Newbrander voting NOE and Councilman Wilson and Mayor Mullins being absent. Dave Erwin advised that this item would be placed on the next regular Agenda as no action had been taken. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REVIEW OF THE PROPOSED SIX (6) FOOT PERIMETER WALL AT THE KINGS POINT PROJECT, a Portion of Which Wall Abuts the Rear Yards of Those Lots on the South Side of Hedgehog Street. Mr. Williams reviewed the Staff Report, pointing out that the requirement for a six foot high solid wall was originally imposed when the County approved the project in 1972. It was reaffirmed by the City in their approval of an amendment on May 30, 1978. The people opposed to the height of the wall had petitioned the City Council to take action to reduce the height and protect their view of the mountains. August 10, 1978 Page 6 Mr. Williams stated that the petitioners were residents of Hedgehog Street whose view was obstructed because of the fact that the grade of their property was lower than that of Kingspoint, in some cases several feet lower, and thus the wall was sometimes far in excess of 6 feet above them. Councilman Brush pointed out that because of the City's ordinance relative to swimming pool enclosures, the wall would have to be 4 feet high. MR. JOE LAMEW, 73-791 Hedgehog Street, addressed Council and showed pictures of how the wall would block his view of the mountains because it would be so much higher than his house. MRS. IRENE HAYMAN, 73-791 Hedgehog Street, stated that her" lot had not been "dug out" in the rear. The natural grade was, however, 2-1/2 feet or more below the crown level of the street. MR. GEORGE SWEET, 46-370 Ocotillo, Palm Desert, addressed Council on behalf of the Palm Desert Property Owners Association and proposed a compromise of altering the height of the wall behind houses where the wall would block the view. Discussion of this proved that it would not only be unattractive, but impractical. MR. LARRY WILMONT, Boyer Development, stated that they would like to strike one height, and they would be happy to step the wall in front of the property line where ease- ments made it necessary. MR. RUSS JOHNSTON, former resident of Hedgehog Street, advised Council that these lots were graded the way they are years ago, and the wall would, in some cases, be 10' high behind some homes. Councilman Newbrander moved that the requirement for the wall be reduced from 6' to 4' for this project. Councilman Brush seconded the motion. Mr. Beebe requested that the motion be more specific to state the north side of the Kings Point Project. Councilman Newbrander amended her motion as follows: That the City reduce the 6' wall requirement to a 4' wall on the north side of the Kings Point Project. Councilman Brush seconded the amended motion; motion carried unanimously with the members present. B. REQUEST FROM THE COUNTY OF RIVERSIDE that the Palm Desert City Council Authorize the Placement of an Assisted Housing Referendum on the November Ballot for the City of Palm Desert. Mr. Bouman advised that since this item had been placed on the agenda, there had been some differences of opinion as to the wording that was to be placed on the ballot. Since we still have not received the final wording from the County Counsel, he requested that the item be continued to the meeting of August 24, 1978. Council so agreed. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL of Final Tract Map 9144, 9144-2, and 9144-3 (Hidden Palms, Deep Canyon Ltd., Applicant). Mr. Beebe reported that all conditions of approval had been met, all plans and agreements had been signed, and the neces- sary bonds posted. Staff recommended approval. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-106, approving the Final Tract Maps. Motion carried unanimously with the members present. Councilman Brush asked if all of the dust, watering, trash, and street repairs associated with this project had been resolved. Mr. Beebe advised that they had and that no new complaints had been received. August 10, 1978 Page 7 B. REQUEST FOR APPROVAL of Final Tract Map 9377-3 (Mountainback), Sommerset Homes, Applicant. Mr. Beebe stated that this was the 3rd phase of the project. All plans and agreements and necessary bonds have been submitted, and Staff recommended approval. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-107, approving the Final Tract Map. Motion carried unanimously with the members present. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman reported that the final cost estimate for the reconstruction and replacement of the Monterey crossing had been received and it now looked like $175,000 for the type of roadway desired. This figure is higher than originally anticipated. Staff had met with Caltrans and although we cannot have positive assurance, it appears we will be eligible for Federal State Disaster funds in the amount of $125,000. The remaining $50,000 will be picked up by the Cities of Palm Desert and Rancho Mirage, equally. To continue with the project and get the funds is going to take even longer than thought; a conservative estimate is a minimum of 6 weeks and as high as 10-12 weeks. Staff still feels, however, that the City should pursue the disaster monies. Mr. Bouman pointed out that the City cannot keep the crossing closed any longer, and he stated that it would cost about $9,000 to open it in a temporary condition. Rancho Mirage would share in this cost, so it would cost Palm Desert $4,500. He asked that Council so authorize this expenditure. Councilman Brush moved and Councilman Newbrander seconded to approve an expenditure of not to exceed $5,000 to repair Monterey Road temporarily. Motion carried unanimously with the members present. 2. Mr. Bouman stated that even though we now would have a plan to put in a temporary crossing, we still want to expedite the permanent crossing. The minute we get approval of the plans and specifications we have submitted, the minute that they tell us that we can advertise for bids which could be as early as August 21, 1978, we should be prepared to do so. He requested Council's authorization for the City Clerk to go to bid as soon as the plans and specifications were approved. Councilman Brush moved to authorize the City Clerk to advertise the project and call for bids for the permanent reconstruction of Monterey Avenue at the Whitewater crossing. Councilman Newbrander seconded the motion; carried unanimously with the members present. 3. Mr. Bouman advised that on September 1, 1978, there would be three vacancies on the Planning Commission due to expired terms and two vacancies on the Parks & Recreation Commission for the same reason. The people whose terms will expire are as follows: Planning Commission: Mr. Stephen Fleshman Mrs. Gloria Kelly Mr. Walter Snyder Parks & Recreation Commission: Mrs. Delores Driskel Mr. John Marman Mr. Bouman asked that the press so note the vacancies and advise the public that applications are being accepted from anyone interested in serving. August 10, 1978 Page 8 Councilman Brush asked how three vacancies had occurred. Mr. Williams advised that Council had incorrectly appointed Mr. Charles Reading for a 2-year term when it should have been a 4-year term. This can be corrected in the new appointments by making one 2-year appointment. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Pro-Tem McPherson asked about the progress of the Frontage Road Conversion Project. Mr. Bouman responded that the project has been advertised and that bids will be opened by the City Clerk at 2:00 p.m. on August 25th Mayor Pro-Tem McPherson asked that everyone note the future meetings listed on the Agenda. Mr. Williams noted an additional meeting on August 23, 1978, at 7:00 p.m. of the newly created Parks & Recreation Advisory Committee. This will be their second meeting. XVI. ADJOURNMENT Councilman Brush moved and Councilman Newbrander seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Pro-Tem McPherson adjourned the meeting at 10:10 p.m. (r), MES E. McPHERSON, MAYOR PRO-TEM or WARD D. MULLINS, MAYOR ATTEST: SHEILA R. GI LIGAN,S7TY CLERK CITY OF PALM DESERT, CALIFORNIA August 10, 1978 Page 9 EXHIBIT "A" The Palm Desert Board of Realtors hereby resolves that an affirmative program to improve landlord -tenant relationships be instituted in the City of Palm Desert. The purpose being to prevent unwarranted rent •raises occasioned by the low vacancy ratios presently existing and a lack of adequate rental housing in the community. Such a program is intended to forestall the need for governmental intervention or action in the matter of rental costs. In order to implement the program, the Palm Desert Board offers the services of its members to organize and to staff mediation groups, along with volunteers from the citizenry. The objective being to evaluate, make recommendations on, and to publicize incidences of gross rental discrepancies, whether they be in apartment rentals, or in commercial, residential, or mobile home rentals. We recommend that the City Council, in conjunction with the Palm Desert Board of Realtors, form mediation panels, consisting of tenants, landlords, realtors and any other citizen who would like to serve. The City should provide the facil- ities and serve as a contact point to schedule mediation sessions as necessary. It is hoped that through this method, the free market system can be protected and that there will be no need for governmental intervention in a process designed to give fair consideration to landlords and tenants alike. August 10, 1978 Page i