Loading...
HomeMy WebLinkAbout1978-12-28MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, DECEMBER 28, 1978 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Mullins called the regular meeting of Council to order at 7:00 p.m. in City Hall Council PLEDGE - Mayor Pro-Tempore Jim McPherson INVOCATION - Mayor Ed Mullins 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: the Palm Desert City Chambers. Martin J. Bouman, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MEMBER TO PARKS AND RECREATION Fill Vacancy Created By The Resignation of Mr. Mayor Mullins announced that this appointment tinued to the meeting of January 11, 1979. VI. CONSENT CALENDAR COMMISSION To Robin Barrett. would be con - A. MINUTES of the Regular Meeting of the Palm Desert City Council of December 14, 1978. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-061 and 79-062. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF NOVEMBER, 1978. Rec: Approve as presented. D. REQUEST FOR APPROVAL Of Final Tract Map 13586, Portola Country Club Mobile Home Park, Applicant. Rec: Waive further reading and adopt Resolution No. 78-166, approving the Final Tract Map. E. REQUEST FOR APPROVAL Of Final Tract Map 12784, Silver Spur Associates, Applicant. Rec: Waive further reading and adopt Resolution No. 78-167, approving the Final Tract Map. December 28, 1978 Page 1 F. REQUEST FUT( APPROVAL Of Final Tract Map 13583, Hughes Investments, Inc., Applicant. Rec: Waive further reading and adopt Resolution No. 78-168, approving the Final Tract Map. G. REQUEST FOR APPROVAL of Final Parcel Map 13584, Hughes Investments, Inc., Applicant. Rec: Waive further reading and adopt Resolution No. 78-169. H. REQUEST FOR REFUND By Mr. Gordy Altland In The Amount Of $411.9U For Unused Building Permits. Rec: Approve the refund from Account No. 11-4980-000 I. REQUEST FOR REFUND By The Exchange Club of Palm Desert, A Nonprofit Organization, In The Amount of $10.00 For A Temporary Use Permit. Rec: Approve the refund. Councilman Wilson requested Item "D" be removed for discussion under Section X, Consent Items Held Over. Councilman McPherson moved and Councilman Brush seconded to approve the Consent Calendar as presented, with the exception of Item "D". Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. TT 13586, PALM DESERT 210 LTD, Applicant: Request For Approval of a Tentative Tract Map To Create Eleven (11) Mobile Home Lots from Approximately 1.49 Acres Within the R-M (Mobile Home Subdivision Residential) Zone Contained Within the Portola Country Club Development, Located On the East Side of Portola Avenue, North of the Storm Channel. Mr. Williams reviewed the request and the Staff Report, pointing out that the Planning Commission had approved the Conditional Use Permit and did not feel that the addi- tion of these lots would adversely affect the open area. By Planning Commission Resolution No. 430, they did recom- mend approval of the request subject to 21 standard condi- tions and 1 special condition. Staff concurred with their recommendation. Mayor Mullins declared the Public Hearing open, and he invited input in FAVOR of the project. None was offered. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-170, approving the Tentative Tract Map, subject to the conditions of approval. Motion carried on a 4-1 vote with Councilman Newbrander casting a NO vote. She stated she could not imagine a developer not being interested enough to attend a Public Hearing to defend his own project. B. CASE NO. TT 13407 D. K. KAVANAUGH ENTERPRISES/COVINGTON BROS., INC., Applicant: Request for Approval of a Tentative Tract Map To Create a 384 Lot Condominium Subdivision To Allow 380 Residential Units and Common Open Space On Approxi- mately 80 Gross Acres Within the PR-5 (U.A.) Zone East of Cook Street and North of Hovely Lane (Extended). Mr. Williams reviewed the request and the Staff report, stating that this was followup to a change of zone, pre - zoning, and development plan action taken previously by the Council. The Planning Commission, by their Resolution No. 431, did recommend approval, and Staff concurred. December 28, 1978 Page 2 Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the request. MR. DON KAVANAUGH, Developer, addressed Council stating that he had nothing to add and that he was in agreement with the Planning Commission and Staff. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-171, approving the Tentative Tract Map, subject to the conditions of. approval. Motion carried on a 4-1 vote with Councilman Newbrander voting NO. C. CASE NO. TT 13915, GEORGETOWN PARK LTD/E. GEORGE MARZICOLA, Applicant: Request for Approval of a Tentative Tract Map To Create a 40-Lot Industrial Planned Unit Development on Approximately 34.7 Gross Acres Within the S. I., S.P. (U.A.) (Service Industrial, Scenic Preservation Overlay, Upon Annexation) Zone at the Southeast Corner of Cook Street and Hovely Lane Extended. Mr. Williams reviewed the request and the Staff Report pointing out that as a part of Council's consideration of the prezoning of C/Z 11-78, there were a total of 85 acres zoned Service Industrial. This Tentative Tract Map deals with about 35 acres of this property. The Planning Com- mission recommended approval by their Resolution No. 433, and Staff concurred. This approval was subject to 15 standard conditions and 4 special conditions. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the request. MR. GEORGE MARZICOLA, Developer, addressed the Council stating that he was in agreement with Staff, he accepted the conditions imposed, and he was ready to proceed. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-172, approving the Tentative Tract Map, subject to the conditions of approval. Motion carried on a 4-1 vote with Councilman Newbrander voting NO. She explained that she was not against this development nor the previous one, just the location. D. REQUEST TO VACATE a 4' Wide Walkway in Desert Garden Homesites Tract Under the Provisions of Part 3, Division 9, of the Streets and Highways Code. Mr. Bouman stated that this was a followup to the vacation iniation action taken by the Council at a recent meeting. It is convenient and advisable to relocate the walkway from the westerly side to the easterly side. We get a trade in kind except that the new easement would be 6' wide. The new deed has been presented to the City. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the vacation; none was offered. Mayor Mullins invited input in OPPOSITION to the vacation, and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved to waive further reading and adopt Resolution No. 78-174, approving the vacation and authorizing the City Clerk to record and approving the action of the Director of Building an Safety in extending a one-year extension on Building Permits No. B3270 and No. B3271. Councilman McPherson seconded the motion; carried unani- mously. December 28, 1978 Page 3 VIII. RESOLUTIONS A. RESOLUTION NO. 78-173 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANI- ZATION KNOWN AS "PALM DESERT ANNEXATION NO. 8", PURSUANT TO SECTION 35140 OF THE STATE GOVERNMENT CODE. Mr. Williams reported that this was followup to the prezoning of 324 acres at the southeast corner of Cook Street and Country Club Drive. This was protested by our neighbor, Indian Wells. This resolution enables Staff to apply to LAFCO and let them deliberate on the sphere problem. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-173. Motion carried on a 4-1 vote with Councilman Newbrander voting NO. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 200 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 12.08 OF THE CITY CODE OF SAID CITY RELATING TO DRAINAGE OR OVERFLOW OF WATER. Mr. Bouman explained that this was an amendment to an existing ordinance dealing with the problem of water standing, flowing, and creating a hazard or nuisance. The amendment will enable the City to also enforce the standing and flowing of water and oil and other fluids which might create a hazard. This stems from a problem recently where oil standing on a sidewalk did create a hazard. Councilman Newbrander inquired about the flow of water down Desert Lily in that she had received complaints that the problem had not been resolved and that the water was still running down the street. Mr. Bouman explained that the developer had, in fact, gone to great lengths to resolve the problem, and he felt it had been corrected except during heavy rains wherein the new sump will overflow. However, he stated he would look into this. Councilman Brush moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 200 to second reading. Motion carried unanimously. For Adoption: A. ORDINANCE NO. 196 - 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-1-12,000 TO R-2 (7) S.P. ON PROPERTY LOCATED SOUTH OF PARKVIEW DRIVE BETWEEN FAIRHAVEN AND SAN JUAN DRIVE. CASE NO. C/Z 10-78. Mr. Bouman reported that this was the second reading of the ordinance and there was no further input. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 196. Motion carried on a 4-1 vote with Councilman Wilson voting NO for reasons previously stated. December 28, 1978 Page 4 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 (Continued from the Meeting of December 14, 1978). Mr. Bouman stated that he was once again going to recommend a continuance of the adoption of this ordinance. As he had reported previously, he was attempting to work with the C.V.C.W.D. and the developer to resolve some of the problems that the developer felt were onerous to him with regard to flood control problems and set backs. He felt that he might be very close to a solution, and he stated that he felt certain he would be able to make a recommendation to Council at the first meeting in January. This recommendation would include statements from our own flood control consultant. Councilman McPherson moved and Councilman Newbrander seconded to continue the matter to the meeting of January 11, 1979. Motion carried unanimously. X. CONSENT ITEMS HELD OVER D. REQUEST FOR APPROVAL of Final Tract Map 13586, Portola Country Club Mobile Home Park, Applicant. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-166, approving the Final Tralgt Map. Motion carried unanimously. 4 XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV,.. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman McPherson stated that at the last meeting or so, Council had asked the Technical Traffic Committee to look into a stop sign at Old Prospector and Black Rabbit Trail. It is difficult to see at the intersection, and Yield Signs are not adequate. Councilman McPherson moved to instruct the City Manager to instruct the Public Works Department to install stop signs at both the north and south corners of Black Rabbit Trail and Old Prospector. Councilman Wilson seconded the motion; carried unanimously. December 28, 1978 Page 5 FUTURE MEETINGS: Mr. Williams noted that the time listed for the Design Review Board meeting had been changed from 5:30 to 2:30 p.m. XVI. ADJOURNMENT Councilman Wilson moved and Councilman Brush seconded to adjourn the meeting; motion carried unanimously. Mayor Mullins adjourned the meeting at 7:40 p.m. it ►1 IA "RD D. tIULLENS , MAYOR ATTEST: SHEILA R. GILLIGAN, C CLERK CITY OF PALM DESERT, ALIFORNIA December 28, 1978 Page 6