Loading...
HomeMy WebLinkAbout1978-12-14MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, DECEMBER 14, 1978 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert City Council to order at 7:10 p.m. in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Noel J. Brush Mayor Pro-Tempore James E. McPherson Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance L. Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MEMBER TO PARKS AND RECREATION COMMISSION To Fill Vacancy Created By The Resignation of Mr. Robin Barrett. Mayor Mullins announced that this item would be continued to the meeting of December 28, 1978, in that applications were still coming in, and Council had not had an opportunity to review all of them. B. RESOLUTION OF APPRECIATION To Mr. Robin Barrett for His Service as Parks and Recreation Commissioner. Mayor Mullins read the Resolution of Appreciation, stating that it would be mailed to Mr. Barrett as he had already left the area. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of November 30, 1978. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY..TREASURY - Demand Nos. 79-052 and 79-053. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By FAR WEST SERVICES, for COCO'S FAMOUS HAMBURGERS, 73-397 Highway 111, Palm Desert, California. Rec: Approve as presented. December 14, 1978 Page 1 D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By RICHARD J. HOAG, tor GERONIMO'S, 74-225 Highway ill, Palm Desert, California. Rec: Receive and file. Councilman Brush moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CONTINUED CASE NO. C/Z 10-78, MILDA P. BENNETT AND KENNETH BARBIER, APPLICANTS: Request tor Approval of a Change of Zone from R-1-12,000 (Single -Family, 12,000 Sq. Ft. Min. Lot Area) to R-2 (Single -Family 4,000 Sq. Ft. Lot Area/du) Zone District on Approximately 1.5 Acres South of Parkview Drive Between Fairhaven and San Juan Drive. Mr. Williams reported that this matter had been continued from the meeting of November 30, 1978, at the applicant's request. He had nothing further to add except to reaffirm the Planning Commission's recommendation of R-2-7,000 S.P. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the rezoning. MR. KENNETH BARBIER, 72-879 Arbolita, Palm Desert, addressed Council as the applicant and indicated that he was inclined to go along with the Staff recommendation for R-2-7,000 as it is the best zoning for the property. The Coachella Valley Water District had also informed him that if these property lines were not altered, it would be to his benefit insofar as sewer costs were concerned. Mayor Mullins invited input in OPPOSITION to the rezoning, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Newbrander seconded to approve a change of zone from R-1-12,000 to R-2 (7), S.P., by waiving further reading and passing Ordinance No. 196 to second reading. Motion carried on a 4-1 vote with Councilman Wilson voting NOE. Councilman Wilson explained that he cast a NOE vote in that he believed that the R-1-12,000 was a better usage of that land adjacent to the R-1-12,000 that borders that property. VIII. RESOLUTIONS A. RESOLUTION NO. 78-162 - 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 reported that this was a standard resolution of a housekeeping nature. All legal requirements have been met and the resolution authorizes the destruction of files that have been microfilmed. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-162. Motion carried unanimously. B. RESOLUTION N0: 78-163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79 BUDGET IN RELATION TO THE STREET RESURFACING PROGRAM. Mr. Bouman reported that this dealt with the matter of the street resurfacing contract in the amount of $60,000 which Council had previously approved and on which the contractor is already working. The monies were to come out of the Local Transportation Fund. We have not and will not receive any monies from that fund until we have settled the matter of unmet transit needs, a matter which Staff is working on. In the meantime, we will have to fund the job, and Staff is suggesting a transfer of $10,000 from the 2106 Gas Tax Fund. December 14, 1978 Page 2 This is simply an expedient at this time. When the monies come to us, we will refund the monies borrowed from this fund and continue with the second phase of the program. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-163. Motion carried unani- mously. C. RESOLUTION NO. 78-164 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CON- TIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939, WHICH PRO- CEEDINGS ARE DESIGNATED AS ANNEXATION NO. 5. Mr. Williams pointed out that the title of the resolution should be amended to read "of the Municipal Organization Act of 1977" rather than "of the Uninhabited Territory Act of 1939". He stated that this was the final stage in annexation of this property, and this was simply a procedural matter. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-164. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 194 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25.92 OF THE PALM DESERT MUNICIPAL CODE TO PROVIDE FOR A CHANGE OF ZONE FROM P TO PR-4, S.P. AND TO APPROVE A DEVELOPMENT PLAN TO PROVIDE FOR 282 DWELLING UNITS ON 70.5 ACRES LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF 44TH AVENUE AND SAN PASQUAL AVENUE. CASE NOS. C/Z 09-78 AND DP 13-78. Mr. Bouman reported that this was the second reading of the ordinance, and no further input had been received. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 194. Motion carried unani- mously. B. ORDINANCE NO. 198 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM 'S' STUDY TO PR-3 S.P. (U.A.) AND O.S. (U.A.) AND A RESIDENTIAL DEVELOPMENT PLAN TO ALLOW 732 DWELLING UNITS AND RECREATIONAL AMENITIES AND OPEN SPACE ON APPROXIMATELY 680 ACRES, 3 MILES SOUTHWEST OF THE INTERSECTION OF HIGHWAYS 111 AND 74 ADJACENT TO THE SOUTHERLY BOUNDARY OF THE CITY OF PALM DESERT ON THE WEST SIDE OF HIGHWAY 74 AND CERTIFICATION OF THE RELATED EIR AS COMPLETE. CASE NOS: C/Z 08-78 AND DP 11-78. Mr. Bouman stated that whereas he can normally report that there has been no additional input between the first and second readings of the ordinance, that is not the case here. We have been approached on behalf of the applicant in this matter pertaining to the condition change which was made at your last Council meeting and which became a part of the ordinance. It centers primarily around Condition #7 requiring the developer to have all the improvements made to the drainage channel works prior to any land development and construction westerly of the future channel. He stated that he believed them when they tell us that this is a par- ticular hardship and that this could well kill the project entirely because of the huge question marks associated with the total cost of those developments. It is simply impos- sible to put a dollar figure on them because they are worded in such a vague way. Additionally, it would all have to be done in advance. December 14, 1978 Page 3 He stated that he believed that after some discussion with Mr. Williams and with the City Attorney, Mr. Erwin, that there may be a way that we can still assure that we will get every condition complied with through a procedure whereby the developer may not have to do all this work right up front. Perhaps some of it could be done as the construction of the development progresses. We are not sure about that and there are a lot of "ifs". He assured the Council and anyone in the audience that there was no intention whatsoever here to reconsider the zoning, the development plan, or the density. It's a matter of ade- quately handling the drainage in such a way that the City will get all the benefits it needs from the protection described at the last meeting of the 100 year storm, the related flood insurance protection, and yet make it possi- ble for the applicant perhaps to proceed with the project. On that basis, since Staff will need some extra time to talk to the Water District, our own flood control advisor, and the applicant, he urged a two -week's continuance of this matter to the next scheduled meeting of December 28, 1978. Councilman Wilson moved and Councilman Newbrander seconded to continue the matter to the meeting of December 28, 1978. Motion carried unanimously C. ORDINANCE NO. 199 - 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 'S' TO PR-4, S.P. (U.A.), P.C. (2), S.P. (U.A.) AND P (U.A.) AND A DEVELOPMENT PLAN FOR 1,120 DWELLING UNITS, A COMMERCIAL SHCPPING CENTER AND A PUBLIC USE AREA ON APPROXIMATELY 320 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, EAST OF COOK STREET. CASE NOS. C/Z 12-78 AND DP 16-78. Mr. Bouman advised that this was the second reading of the ordinance, and there had been no further input received. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt. Motion carried an a 4-1 vote, with Councilman Newbrander voting NOE. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 78-165 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1978/79 BUDGET AND AUTHORIZING ADVANCES IN CONNECTION WITH THE MONTEREY WASH RESTORATION PROJECT. Mr. Leon Beebe, Director of Public Works, reported that the State would not make payment of its monies to the City until the project was completed. This resolution authorizes the advance of said monies from the Unallocated Reserve which will be repaid when State monies are received. December 14, 1978 Page 4 Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-165. Motion carried unanimously. 2. REQUEST FOR APPROVAL OF TRACT 4380-1 AND RELATED AGREEMENTS. Mr. Beebe reported that this tract is located westerly of Highway 74 and Hedgehog and Shadow Mountain Drive. There are 66 units involved on 142 acres. Staff is requesting that the agreements and bonds be accepted. Councilman Newbrander moved and Councilman Brush seconded to accept the bonds and Improvement Agreements and authorize the Mayor and City Clerk to execute them. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Brush wished everyone a Merry Christmas! FUTURE MEETINGS: Mr. Bouman noted the following additional future meeting: December 21, 1978 5:30 p.m. City Council Study Session City Hall Administrative Offices XVI. ADJOURNMENT Councilman Wilson moved aneCouncilman McPherson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 7:35 p.m. ATTEST: Ll1 ,.-EDWARD- D. MULLINS, MAYOR t e/`\• _ - -SHEILA R. GIL IGAN, CI CLERK CITY OF PALM DESERT, ALIFORNIA December 14, 1978 Page 5