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HomeMy WebLinkAbout1978-07-13I. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 13, 1978 CITY HALL COUNCIL CHAMBERS CALL TO ORDER Mayor Mullins called the Regular Meeting of the City Council to order at 7:07 p.m. on Thursday, July 13, 1978, in City Hall Council Chambers. V. PLEDGE - Mayor Pro-Tempore Jim McPherson INVOCATION - Mayor Ed Mullins ROLL CALL Present: Councilman Noel Brush Councilman Jim McPherson Councilman Alexis Newbrander Councilman Roy Wilson Mayor Ed Mullins Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services Clyde Beebe, Director of Public Works David Erwin, City Attorney AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MEMBER TO DESIGN REVIEW BOARD To Fill Vacancy Created By The Resignation of Mr. George Minturn. Mayor Mullins announced the appointment of Mr. Vernon Barton, Artist, and long time resident of Palm Desert, to the Board. He commented that we were very fortunate to have someone with Mr. Barton's ability willing to serve, and that the selection had not been easy, as many good people had come forward to offer their services. B. APPOINTMENT OF MEMBERS TO PALM DESERT RECREATION ADVISORY COMMITTEE. Mayor Mullins explained that this was a committee set up to explore the recreational needs of the Community and to work with the Commission to come up with a specific plan to satisfy these needs. The following people were selected to serve on this Committee: Linda Rivera Charles Tripp Robert Tuvell Bernard York Jim Montoya Robert Solis Kenneth Savage Joe Duran Frederick Thon Evelyn Young Shirley Spork Pat LeFevor Ronnie Richardson Murray Liebowietz C. PRESENTATION OF PROCLAMATION Mayor Mullins presented a Proclamation and keys to the City to the Reverend John D. Harrison, who is retiring after nine years as Rector of St. Margaret's Episcopal Church, Palm Desert. Mayor Mullins declared the week of July 17, 1978, as FATHER HARRISON WEEK. July 13, 1978 Page 1 VI CONSENT CALENDAR A. MINUTES of the June 22, 1978 - continued to June 29, 1978, Regular Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 78-121, 78-122, 78-123. Rec: Approve as presented. C. REPORT OF CVAG, Special Highway 111 Study Committee. Rec: Receive Report, Concur with its Findings, and Notify CVAG of Intention to Implement the Recommendations. Councilman Brush moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII PUBLIC HEARINGS A. CASE NO. C/Z 01-78, CITY OF PALM DESERT PLANNING COMMISSION, Applicant Consideration of a Planning Commission Initiated Change of Zone for pre - zoning approximately 1,047 acres from 'S' Study to P.C.(2)(U.A.), R-2 8,000 (8) (U.A.), R-1 12,000 (U.A.)PR-5 (U.A.), PR-4 (U.A.)0.S.(U.A.), or any other Zone deemed appropriate on Property Generally Located Between Country Club Drive and the Whitewater Storm Channel Between Monterey Avenue and Cook Street. Mayor Mullins declared the Public Hearing Open. Mr. Williams reviewed the Staff Report, stating that the Planning Commission, by Resolution No. 367, did recommend approval. He said the big issue in this Project has been the Sand Dune Park, and that after reviewing all the alternatives, the Planning Commission feels that this revised recommendation does conform to the Palm Desert General Plan and is compatible to development in the area. Staff recommends Council approve the Zoning by Ordinance No. 187. Mayor Mullins invited input in FAVOR of the Project. MR. PHILLIP RAFF, 801 Lucerne Boulevard, Los Angeles, 90005, addressed the Council, stating that he had been in possession of Real Estate in the area for 25 years and is pleased that this zoning may materialize. Mayor Mullins invited input in OPPOSITION to the Project. MR. ROBERT RICCIARDI, 73-700 Highway 111, Palm Desert, addressed the Council stating that this was not necessarily for or against, but said that there would be one point of clarification regarding this Project, and that would be the Future plans for the Foundation for the Retarded, which owns 72 acres of this Property. He further stated that he would like assurance that there would be no misunderstanding with the City Council as far as zoning was concerned, and also with the people purchasing homes in the Community, not knowing the Foundation would be building there. Councilman Brush questioned whether this clarification couldn't be taken care of at this point. Councilman McPherson asked for elaboration on why the Commission would integrate a Residential development with Institutional. Councilman Wilson suggested that since the Planning Commission considered this parcel Institutional, it be changed to P Zoning. Mayor Mullins agreed that this would make the property more flexible. MR. RICCIARDI reported that the Foundation would feel more secure in knowing the Property is Zoned for Institution. He also stated that there is no desire to ever sell the property, as they have definite plans for building. The property is very accessible to Indio and Palm Springs. -2- PUBLIC HEARINGS (continued) Councilman Newbrander inquired as to the type of facilities planned by the Foundation. MR. LOUIS KUEHNER, Executive Director, Foundation for the Retarded, responding to Councilman Newbrander's question, explained that this would be a facility to house educational activities for the Retarded. He stated that the program had grown so fast that the Institution would have to grow accordingly. He said that the present plans are for Day school activity, and that there is a great need for training facilities in the area. Councilman McPherson commented on the Sand Dune Park, stating that he could appreciate the concerns of the people, and would go along with the Planning Commission and Staff. He further commented that once the area develops there would no longer be a Sand Dune Park which would be some- thing for future generations to marvel at. Councilman Wilson suggested that perhaps it would be possible to make a change to the 72 acres as Institutional, and commented that the open space concept is very desirable. Councilman Newbrander suggested that the Property in question be specified as Institutional for the purpose of the Foundation. Councilman Brush agreed that the City could then still have control over the Property in case of change in ownership. Mayor Mullins invited any more input and there was none. He declared the Hearinc Closed. Councilman Brush moved, with change to appear as P(U.A.) Zoning on the Fetch Center Property, to approve by waiving further reading and passing Ordinance No. 187 to second reading. Councilman Wilson seconded. Motion carried unanimously. B. CASE NO. GPA 01-78, CITY OF PALM DESERT, Applicant: Consideration of a Proposed Amendment to the Circulation Element of the General Plan of the City of Palm Desert, which would reduce the Status of a Portion of Portola Avenue to a Local Street. Mr. Williams reported that this was a City Council initiated Amendment which would distribute traffic flow with the addition of Mesa View Drive as an alternate Route from Portola to Highway 74. He stated that the Planning Commission, by Resolution No. 371 approved the proposed General Plan Amendment. Mayor Mullins invited input in FAVOR of the Amendment. MR. LARRY SPICER, 75-855 Alta Mira Drive, Indian Wells, CA, stated that although he had previously appeared before Council on this matter, he would like to register again that Ironwood still speaks in favor. Mayor Mullins invited input in OPPOSITION. MILAN MILKOVICH, 43-905 Carmel Circle, Palm Desert, addressed the Council, stating that he did not come to the meeting for the sole purpose of speaking on this matter, but felt he could not pass on the plan for diversion of traffic. He stated that as long as Portola was engineered to carry the traffic, he felt it should remain that way. He further objected to the construction of a wall as it would obstruct the view from his home. Mr. Williams stated that it was up to Council whether or not they elected to change the status of Portola, but that Staff felt in the long run this plan should reduce traffic. Councilman Brush stated that his main concern was that Portola, by being a through street could become a real traffic hazard. Councilman Wilson moved and Councilman Brush seconded to approve the General Plan Amendment by Resolution No. 78-87. Motion carried unanimously. - 3 - C. CONTINUED CASE NO. TT 5565, SILVER SPUR ASSOCIATES, Applicant: Consideration of an Amendment to the Standard Conditions of Approval and Special Conditions of Approval for Case No. TT 5565 in Order to Permit Portola Avenue to Become a Private Roadway from its Intersection with Mesa View Drive Extended Westerly to Highway 74. Mr. Williams reported that Resolution 78-88 would amend certain Conditions of Approval for Case No. TT 5565. He further stated that there would be plans for traffic -safety lighting and future agreement for sidewalks. Mayor Mullins declared the Hearing open and invited input in FAVOR. LARRY SPICER, Indian Wells, California, explained that this was rather a housekeeping type of procedure, and that private streets are consistent within the Ironwood Development, as they are all private. Mayor Mullins invited input in OPPOSITION, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution 78-88, approving the Amendment to the Standard and Special Conditions of Approval. Motion carried unanimously. D. CASE NO. TT 11791, MCBAIL COMPANY, Applicant: Consideration of a Request for Approval of a Tentative Tract Map to create 101 Single-family Residen- tial Lots and 3 Lots to Provide for a District Commercial Center, a Common Recreation Area and Open Space from a 40 Acre Parcel located within the P.C. (2) (Planned Commercial, District) and R-2 8,000 (8) (Single-family Residential, 8,000 Sq. Ft. Min. Lot Area, 8,000 Sq. Ft. of Site Area(du) Zones, Upon Annexation, at the Southeast Corner of Country Club Drive & Monterey Avenue. Mayor Mullins declared the Public Hearing Open. Mr. Williams provided the Council with additional drawings of the proposed Project. He stated that there would be a shopping Center (95,000 Sq. Ft.) to include a Super Market, Gas Station and Retail shops. He further stated that the Design Review Board had planned for high walls around the property for protection in the blowsand area, and that the buildings would face the parking lot for added protection against the blowing sand. The common theme would be red tile roofs throughout, with a 25 foot high buffer between Residential and Industrial. He stated that Monterey and Country Club would be the two access points. The recommended floor plan for two stories had been deleted, and the developers were in the process of changing the design. He explained that there would be a 60 foot wide street meandering through the property with five cul-de-sacs. The recreation area would include 2 tennis courts, swimming pool, jacouzi and a small recreation building. Mr. Williams stated that this Project conforms to the Zoning Ordinance and is suitable for the area, and therefore, the Planning Commission, by Resolution 370 recommends approval. He added that the Planning Commission had been split on the lot size issue. Councilman Wilson questioned the Planning Commission's unanimous approval even with the split on the Zoning. Councilman Brush commented on the possible monotony of having the roofs all the same, whereas Mr. Williams explained that the roof design would not be the same throughout, but that the red tile would tie it all together. Councilman Newbrander requested a drawing of the commercial section. She also commented on the 1644 foot three bedroom house plan as being tight. Mr. Williams responded that the issue of the house size had been discussed many times. Mayor Mayor Mullins asked for any remarks from the Applicant. MIKE GALLAGHER, MCBAIL COMPANY, presented a brief explanation that the majority of the homes were from 1800 to 2000 sq. ft., with approximately 20% of them at the 1644 sq. ft. size. In response to Councilman Brush's comment on the red tile roofs, he felt that the curving street would break up the monotony. PUBLIC HEARINGS (cont._aed) Councilman Brush inquired as to the objection to two-story buildings and Mr. Gallagher explained that it was mainly because of the heat. MR. JOSEPH TOBIN, Indian Wells, California, Director of Development at the Eisenhower Medical Center, addressed Council stating that one of the big problems they have at Eisenhower in recruiting help is the availability of adequate housing. He also stated that he felt this Development would alleviate traffic problems for their employees, as they could form car- pools to and from work. Therefore, Mr. Tobin declared they were in favor of the development of this Project, as it would be a big help to the future growth of Eisenhower Medical Center. Councilman McPherson stated that the applicant should be commended on the planning of the meandering streets with the Village atmosphere. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-89, Approving the Tentative Tract subject to the Conditions of Approval. Motion carried unanimously. E. CASE NO. CUP 04-78, HOPE LUTHERAN CHURCH, Appellant: Consideration of an Appeal of a Condition of Approval of Conditional Use Permit CUP 04-78 which Approved an over-all Development Plan for a Church -School Complex, Partially Developed, at the Northeast Corner of Portola Avenue and Fairway Drive. Specifically, the Appellant is Appealing Special Condition No. 2 which would require Curbs, Gutters and Sidewalks along Portola. Mr. Williams reviewed the Staff report, stating that the Planning Commission had granted relief on Underground utilities. He further stated that due to the increase in traffic on Portola, the Planning Commission felt that this request is not justified and recommend denying the appeal. Mayor Mullins invited input in FAVOR of the appeal. MILAN MILKOVICH, Palm Desert, addressed Council, stating that he felt the requirements had changed from time to time and that Hope Lutheran Church had been in compliance with the former plan, therefore, did not feel they should be responsible for the expense of new curbs and gutters. REV. DARYL BJERKE, 45-930 Panorama Drive, Palm Desert, Pastor of the Hope Lutheran Church, addressed Council reiterating what Mr. Milkovich had said. He stated that Hope Lutheran Church had been very cooperative in the past, and felt they had complied with the original requests of the Planning Commission. Mayor Mullins inquired as to when the Curbs and Gutters had been installed. Rev. Bjerke replied that they had been put in 18 years ago when the parking lot was put in. Councilman Brush questioned whether there would be room for sidewalks at the location of Fellowship Hall. Mr. Williams responded that there would be enough room for Curbs and Gutters, possibly not sidewalks. Mayor Mullins stated that everything possible should be done to make Portola safe and widened. Clyde Beebe announced that they are now putting in 8" Curb facing and that the 6" that is now in would not be adequate to carry water -flow. The curb in question was measured to be 52 inches at Hope Lutheran Church and 6 inches at the Washington School. Mayor Mullins declared the Public Hearing closed. Councilman McPherson moved, and Councilman Wilson seconded to Deny the Appeal by adopting Resolution No. 78-90. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 78-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING THE OFFER OF A FIRE STATION SITE, DEDI- CATION OF PUBLIC RIGHT-OF-WAY, AND THE EXTENSION OF MESA VIEW, FROM THE SILVER SPUR ASSOCIATES, AND AUTHORIZING THE MAYOR TO ENTER ESCROW ON THE OFFER AND EXECUTING THE AGREEMENT FOR THE IMPROVEMENT OF MESA VIEW DRIVE IN COMPLIANCE WITH THE CONDITIONS OF APPROVAL OF TRACT 5565. Mr. Williams reported that Fire Marshall Bud Engel had required additional Fire protection and as a result Silver Spur Associates agreed to provide - 5 - VIII RESOLUTIONS (continued) the City with a Site suitable for a Fire Station. This Resolution authorizes the Mayor to execute the Agreement for improvement of Mesa View Drive and enter Escrow on the offer of land. Councilman McPherson moved, and Councilman Newbrander seconded to waive further reading and Adopt City Council Resolution No. 78-91. Motion carried unanimously. B. RESOLUTION NO. 78-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING THE OFFER OF A PARK SITE OF APPROXI- MATELY 15 ACRES FROM THE SILVER SPUR ASSOCIATES, DETERMINING THAT THE SAID DEDICATION MEETS THE TOTAL PUBLIC FACILITIES REQUIREMENT FOR THE PROJECT KNOWN AS IRONWOOD, PURSUANT TO CHAPTER 26.48 OF THE MUNICIPAL CODE AND AUTHORIZE THE MAYOR TO ENTER INTO ESCROW ON THE OFFER AND EXECUTE THE RELATED AGREEMENT. Mr. Williams reported that this Dedication meets requirement for total Ironwood Development. Staff recommends adoption of this Resolution, which would allow the Property to be transferred. Councilman McPherson stated that Ironwood is to be commended for their Community minded spirit. Mr. Bouman pointed out that money would have to be appropriated for Escrow fees. Councilman Wilson moved, and Councilman Brush seconded to waive further reading and adopt City Council Resolution No. 78-92. Motion carried unanimously. C. RESOLUTION NO..78-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CITY'S SB-325 CLAIM (LOCAL TRANSPORTATION FUND) FOR THE 1978-79 FISCAL YEAR. Mr. Bouman reported that each year, under the Senate Bill 325, the City is entitled to certain amount of monies collected from Gasoline tax, to be used for maintenance of Streets and Highways. This action by City Council authorizes the City's application to SCAG for money in the amount of $131,212. to be spent for this purpose. He added that City is not assured of getting as much as applied for. Councilman Brush moved, and Councilman Newbrander seconded to waive further reading and adopt City Council Resolution No. 78-93. Motion carried unanimously. IX ORDINANCES For Introduction: None For Adoption: None X CONSENT ITEMS HELD OVER None XI CONTINUING BUSINESS None XII NEW BUSINESS A. REQUEST FOR APPROVAL of Grant Deed for a 14' Wide Right -of -Way at the Intersection of Chicory Street and Portola Avenue. Mr. Bouman reported that this item involves the City's acceptance of a Dedication of Land for the purpose of street widening. Councilman Brush moved, and Councilman Wilson seconded to Accept the Dedication and Authorize the City Clerk to Record. Motion carried unanimously. XIII OLD BUSINESS A. REQUEST FOR APPROVAL OF FINAL TRACT MAP for Tract 5565-3, Silver Spur Associates, Applicant. Mr. Clyde Beebe reported that this Tract consists of 52 lots, Tentative Map approved at the August 25th meeting. He further stated that Sub- divider had met all conditions of approval and signed all agreements. Mr. Beebe also pointed out that the City is very aware of drainage problems, and stated that drainage basically heads for the Clubhouse, which has provisions for handling the water drainage. Staff recommends approval Councilman McPherson moved, and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-94, approving Final Tract Map for Tract No. 5565-3. Motion carried on the following vote: AYES: Brush, McPherson, Wilson & Mullins NOES: Newbrander ABSENT: None ABSTAIN: None B. REQUEST FOR APPROVAL OF FINAL TRACT MAP for Tract No. 5564, Silver Spur Associates, Applicant. Mr. Beebe reported that this Tract drains into the golf course and Deep Canyon. He requested Council's approval by Resolution 78-95. Councilman McPherson moved, and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-95, approving Final Tract Map for Tract No. 5565. Motion carried on the following vote: AYES: Brush, McPherson, Wilson & Mullins NOES: Newbrander ABSENT: None ABSTAIN: None C. REQUEST FOR APPROVAL OF FINAL TRACT MAP for Tract No. 11207, Compton, Russie and Root, Applicant; Clyde Beebe reported that this Tract is unique, in that all improvements except $1,000 worth had been completed in the years past. Councilman McPherson moved, and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-96, approving Final Tract Map for Tract No. 11207. Motion carried unanimously. XIV. ORAL COMMUNICATIONS None XV REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman announced that he had received a letter from Steve Fleshman on July 13, 1978, addressed to the Mayor and City Council requesting that the City Council assume jurisdiction over Design Review Case No. 72C. He stated that there was some controversy with the Project, located at the corner of Highways 111 and 74. Councilman Brush questioned why the case should be called up. Mr. Bouman replied that there was controversy over the quality of Archi- tectural features. Councilman Wilson suggested there be a full report from the Staff, and Mr. Bouman said this would be included in the Agenda package for the July 27th meeting. Councilman McPherson stated that he would abstain. Councilman Brush asked what vote would be required to call, and David Erwin, City Attorney, replied that it would require a 3-1 vote or majority. - 7 - XV REPORTS AND REMARKS (continued) Councilman Newbrander commented that she thought it interesting that the minority would feel the item important enough to ask Council to reconsider. Councilman Newbrander moved, and Councilman Wilson seconded, that City Council assume jurisdiction over DRB Case No. 72-C, and that it be called up and placed on the Agenda of the Regular City Council meeting of July 27, 1978. The motion was carried by the following vote: AYES: Brush, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: McPherson B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins inquired as to whether there had been any news from the County since the notice that they would be unable to staff the new fire station. Mr. Bouman stated that it could be months before the impact of Prop. 13 is known. He also stated that based on conversation with Dave Flake, the County is glad they don't have to close any fire stations. He also said that the City had never received commitment for manning of the fire station even prior to Proposition 13. Councilman Brush asked if there was any additional progress regarding the Planning staff. Mr. Bouman replied that there had been twenty-nine applicants, reduced to nine or ten. He also stated that a format was being put together for interviewing which would be within the next ten or 12 days. He said we should have a planner within 30 days. Councilman Brush inquired as to the progress in finding an inspector. Mr. Bouman reported that there had not been much success in finding a qualified inspector as yet, but so far the impact had not been felt. Councilman McPherson suggested that some pressure be put on the County to man the new fire station which the City is proceeding towards con- structing. Mr. Bouman reported that the City had budgeted funds for construction of the fire station- hiring of the Architect, within the next 90 days. He stated that the City is doing its part according to the County's recom- mendation. Mr. Bouman noted for the Council to add July 19, 5:00 p.m. study session. Paul Williams announced that the Parks and Recreation Commission would be going on a field trip July 24th at 5:00 p.m. The change in date was due to vacation schedules. XVI ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 9:07 p.m. ATTEST : 1/2�� e) DEL CLAUSSEN, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 8 July 13, 1978