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HomeMy WebLinkAbout1978-07-27MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 27, 1978 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins convened the regular meeting of the City Council at 7:12 p.m. on Thursday, July 27, 1978, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Absent: Councilman McPherson Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: Councilman Brush (excused) Martin J. Bouman, City Manager Jeff Patterson, Deputy City Attorney Paul A. Williams, Director of Environmental Paul E. Byers, Director of Management Services Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Mullins read a Resolution of Appreciation to Mr. George Minturn for the many civic contributions he had made to the City of Palm Desert prior to his retirement. The Resolution will be mailed to Mr. Minturn at his new address. VI. CONSENT CALENDAR A. MINUTES of the July 13, 1978, Regular Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-011, 70-012, 79-013, 79-014, and 78-124. Rec: Approve as presented. C. REQUEST FOR REFUND in the Amount of $4.00 on behalf of Mrs. C. Cordes for Partial Dog License Fee Refund. Rec: Approve the request and authorize the refund. D. REQUEST FOR REFUND by Mr. Mike Senter in the Amount of $437.60 for Building Excise Tax. Rec: Approve the refund and authorize the payment from Account No. 31-4999-000. E. REQUEST FOR REFUND by Hendrickson Construction in the Amount of $26.88 for Plumbing Permits. Rec: Approve the refund and authorize payment from Account No. 11-4980-000. July 27, 1978 Page 1 F. REQUEST FOR REFUND by American West Development in the Amount of $332.00 for Building Tax and Plan Check Fees. Rec: Approve the refund and authorize payment from Account Nos. 31-4999-000 and 11-4980-000. G. REQUEST FOR REFUND by Mrs. Julie K. Silverton in the Amount of $48.59 for Building Permit Refund. Rec: Approve the refund and authorize payment from Account No. 11-4980-000. H. REQUEST FOR REFUND by Signey and Bettymae Rose in the Amount of $304.00 for Building Excise Tax. Rec: Approve the refund and authorize payment from Account No. 31-4999-000. I. LETTER OF APPRECIATION from the Board of Education of the Desert Sands Unified School District Officially Accepting the City's Donation to the Improvement of Washington School's Playground in the Amount of $15,000. Rec: Receive and file. Councilman McPherson moved and Councilman Wilson seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. CASE NO. CZ 02-78 AND RELATED EIR, CHACAHUALA, LTD., Applicant: Consideration of a Request for a Change of Zone from R-1. 20,000 to PR-4 on a 37.8 Acre Parcel Located South of Little Bend Trail and North of Mesa View Drive Extended between Alamo and Arrow Trail and the Related EIR. Mayor Mullins declared the Public Hearing open. Mr. Williams reviewed the major elements of the Environmental Impact Report as well as reports from 8 public agencies and citizen input. He reported that the Planning Commission, after their review of the EIR, had found it to be complete and recommended approval. Mr. Williams then presented Staff's report relative to the applicant's request for a change of zone to PR-4 and the related development plan. After review and hearing testi- mony from residents, the Planning Commission, by Resolution No. 374, concluded that a PR-3 zoning was more compatible for this area and that the PR designation would provide better integration for the property than would single-family residential. He also reviewed several letters submitted by residents expressing concerns which have been mittigated by the developer. He concluded by stating that Staff was recommending approval of the change of zone to PR-3 by Ordinance No. 188. Mayor Mullins invited input in FAVOR of the project. MR. HAROLD HOUSLEY, 73-700 Highway 111, Palm Desert, addressed Council as the Project's Engineer. He reviewed the past history of the project. He stated that they were requesting the Council's approval of PR-4 which would allow them to construct the 3.25 units per acre. He then reviewed the zoning throughout the City to emphasize that their request was compatible with existing zoning. He concluded by stating that most of the input received dealt with concern over another tropical flood, but he felt that their project would protect surrounding development. July 27, 1978 Page 2 MR. A. T. WILKES, Project Architect, addressed Council and reviewed the history of the zoning on the subject property. He pointed out that the County, with the approval of the Concerned Citizens of Palm Desert, had zoned it 3-5 units per acre. The General Plan showed it as 3-5 units per acre. Mr. Wilkes presented some slides of their proposed development plan, stressing that the PR-4 zoning would be most appropriate for this property. Mayor Mullins invited input in OPPOSITION to the zoning. MRS. ROSE WACHTER, 73-413 Buckboard Trail, Palm Desert, expressed opposition not to the zoning but to any addi- tional development in Palm Desert before the Council can study the heavy impact development is having on our school system. In her capacity of a teacher, she pointed out her awareness that the schools in Palm Desert were now operating at optimum capacity with no future plans for additional facilities. At the present time with the number of houses on the market for sale, if each house brought in 1/4 of a child, the District would have 400 new students in Palm Desert with no place to put them. She urged the Council, as elected representatives, to apply some type of pressure on the School District to provide a solution to what she felt was an increasingly bad situation. MRS. HARRY NUDD, 73-409 Little Bend Trail, Palm Desert, addressed Council expressing opposition to any more building in Palm Desert until something is done about the flood problem. She pointed out that traffic is already bad with Ironwood, and this development would only make it worse. MRS. JAN THOMPSON, 73-553 Haystack Road, Palm Desert, stated that Palm Desert is growing so rapidly that it will be like Orange County before the City is through handing out building permits. She pointed out what she felt was a horribly dangerous intersection at El Paseo and Highway 74. She also stated her agreement with Mrs. Wachter rela- tive to the school problem, feeling that the residents of Palm Desert foot enough of the School District's bill to warrant better and larger schools. MR. FRED GRIGGS, 73-549 Feather Trail, addressed Council as President of the Silver Spur Ranchers Association. He stated that his organization had had numerous people present at two Planning Commission meetings to point out their objec- tion to not only this development, but to any new development until the City has resolved the problems of fire stations, flood control, schools, stop signs and signals, etc. He stressed on behalf of the Association that the City is just growing too fast to handle the problems that will develop with all of these permits that are being handed out. He suggested slowing down before it is too late. MR. GENE SCOTHORN of Willdan Associates offered rebuttal to the concerns. He pointed out that the EIR contained a letter from Mr. Roger Harlow of the Desert Sands Unified School District which stated no concern over the develop- ment bringing in more children. He also pointed out that the EIR did, in fact, deal with the matters of land use, flood control, traffic, and schools. He reviewed the proposed channel which would carry runoff water. However, no development would be able to construct drainage systems to handle the tropical storm water as was experienced in September of 1976. In response to Mr. Griggs comment that larger homes might be more suitable, Mr. Scothorn stated that larger homes generally create more students. He con- cluded by reviewing the drainage system that would be con- structed within the development. July 27, 1978 Page 3 Councilman Newbrander stated that she was in very strong sympathy with all the people who were objecting to the building. She said she was very concerned about the school situation, fire protection, traffic increase, and water shortage, and yet we have gone ahead and built and built. She reminded that over a year ago, she had made a motion for a moratorium which had died for lack of a second. She concluded by saying that it was obvious how fast ground is being used up when developers start building on storm channels. Councilman Wilson stated his concurrence with Councilman Newbrander's concerns, but pointed out that the issue was what to do with this piece of property. He felt that in order to provide proper flood control, this piece of property must be zoned Planned Residential. He also stated that he felt strongly that we needed some citizens of Palm Desert going to the School District expressing everyone's concerns. Mayor Mullins declared the Public Hearing closed. Councilman Wilson stated that the EIR presented here was the most complete and comprehensive report he had seen and moved to cer- tify the EIR as complete by adopting Resolution No. 78-97. Councilman McPherson seconded the motion; carried unanimously with the members present. Councilman McPherson stated that he agreed with Councilman Wilson's comments that the issue at hand was land use and zoning. In his opinion, he had to go along with the Planning Commission and their recommendation for PR-3. He felt 140 units is too many for the property, and the PR-3 is better than R-1-20,000 as it provides for open space, storm water protection, etc. Councilman McPherson moved to waive further reading and pass Ordinance No. 188 to second reading, approving the change of Zone from R-1-20,000 to PR-3. Councilman Wilson seconded the motion. The motion carried on a 3-1 vote with Councilman Newbrander voting NOE and Councilman Brush being absent. B. CASE NO. CZ 04-78, COVE CONSTRUCTION, Applicant: Considera- tion of a Request for a Change of Zone from PR-5, S.P. and PR-5, to R-1-12,000 on a Parcel Approximately 75 Acres in Size, Generally Located East of Highway 74, Between Homestead and Portola. Mayor Mullins declared the Public Hearing open. Mr. Williams presented the Staff Report indicating that the property is presently zoned for PR-5. The request, which is for R-1-12,000, would be a reduction in density of approximately 3 units to the acre. The Planning Com- mission and Staff believes that this is more compatible with the surrounding zoning, and therefore recommends approval of the change of zone by Ordinance No. 189. Mayor Mullins invited input in FAVOR of the change of zone. MR. ED WRIGHT, 78-150 Calle Cadiz, La Quinta, addressed Council as representative for Cove Construction. He reviewed the past zoning history of the property and expressed their concurrence with the Planning Commission and Staff recommendation. MRS. MILAN MILKOVICH, 43-905 Carmel Circle, Palm Desert, stated that they owned a lot which faced the property and expressed concern that a wall would be constructed to block her view. Mr. Wright responded that there would be public hearings on the proposed development plan, but he would be most willing to sit down with any adjacent property owners to review their concerns about his project. July 27, 1978 Page 4 Mayor Mullins invited input in OPPOSITION to the zoning, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 189 to second reading, approving a Change of Zone from PR-5, S.P. and PR-5 to R-1-12,000 and R-1-12,000 S.P. Motion carried unanimously with the members present. C. CASE NO. CA 06-78, HAROLD KAPP, Applicant: Consideration of a Request for Approval of a Change.of Zone from R-1 and R-3 (4) to R-3 (9) on Approximately .25 Acres Located on the East Side of Portola Between San Marino Circle and Alessandro Street. Mayor Mullins declared the Public Hearing open. Mr. Williams presented the Staff Report stating that the reason for the request was to provide the applicant with the ability to apply for a Conditional Use Permit for a parking lot. The City is acquiring additional right-of-way or 14' of this property, which will have a drastic effect on the width of the lot. In review of the CUP, the Planning Commission did stipulate that the exit on San Marino must be closed and properly landscaped to provide safety. The Commission, by Resolution No. 380, did recommend Council approval. for the change of zone requested. Mayor Mullins invited input in FAVOR of the rezoning. MR. HAL KAPP, 46-850 Amira, Palm Desert, stated that in order for him to do this project and still give the 14' dedication, he needed the change of zone. Mayor Mullins invited input in OPPOSITION to the rezoning. MISS MAGGIE LEON, 74-046 Alessandro, Palm Desert, expressed opposition inasmuch as her home was directly adjacent to the proposed parking lot, and she felt it would create a noise problem and nuisance problem. She stated that it was a poor place for a parking lot and that it would create a traffic problem. Mayor Mullins declared the Public Hearing closed. Councilman McPherson stated that because of the widening of Portola and the fact that there is thus not much use available for that lot but parking, he would move to waive further reading and pass Ordinance No. 190 to second reading. Councilman Wilson seconded the motion. The motion carried on a 3-1 vote, with Councilman Newbrander voting NOE and Councilman Brush being absent. D. CASE NO. GPA 02-78, CITY OF PALM DESERT, Applicant: Con- sideration of a Proposed General Plan Amendment Which Would Incorporate the Proposed Parks and Recreation Element Into the Adopted Palm Desert General Plan. Mayor Mullins declared the Public Hearing open. Mr. Williams reviewed the Staff Report stating that the primary topic of discussion during the Park & Recreation Commission Hearings and the Planning Commission Hearings was that of the sand dune park. As a result of these hearings and testimony given, the park had been reduced to 120 acres. He concluded by describing the lengthy process that was involved in the development of this amendment. Councilman McPherson pointed out that the map showed very little, if any, in the southwestern portion of the City, and perhaps it would be appropriate to locate a site there. Mr. Williams advised that there was little selection left of a site, but the Ironwood land will include a park. Mayor Mullins invited input in FAVOR of the amendment, and none was offered. July 27, 1978 Page 5 Mayor Mullins invited input in OPPOSITION to the amendment, and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-98, approving the proposed General Plan Amendment. Motion carried unanimously with the members present. E. CASE NO. TT 5565 (Ext. of Time) SILVER SPUR ASSOCIATES, Applicant: Consideration of a Request for an 18-Month Extension of Time on the Approval of a Tentative Tract Map for a 217 Unit Medium Density Residential Development, Part of the Ironwood Country Club Project. Mayor Mullins declared the Public Hearing open. Mr. Williams presented the Staff Report indicating that two units of the tract were under construction and the completion of the golf course was underway. The Final Map was approved for a one-year period with the possibility of an 18-month extension. The conditions of approval remain the same, and Staff recommends approval of the extension. Mayor Mullins invited input in FAVOR of the extension. MR. LARRY SPICER, President of Ironwood Country Club, stated that of the 217 units, 119 have been started. He also pointed out that the golf course is completed, and the extension of time would allow them a more relaxed pace of development. Mayor Mullins invited input in OPPOSITION to the extension, and none was offered. He declared the Public Hearing closed. Councilman Wilson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-99, approving an 18-month extension of time on Tentative Tract Map 5565. Motion carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 78-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR 1978-79 TO PROVIDE AN APPROPRIATION FOR THE PAY- MENT OF REFUNDS OF PRIOR YEAR'S REVENUES FROM THE BUILDING EXCISE TAX FUND. Mr. Bouman reported that this resolution would correct an oversight in the budget by allowing the refund of building excise taxes that had been collected. Staff is requesting that Council set up an account of $20,000 which is a high estimate. However, it there is an excess at the end of the year, the monies will simply be put back into the fund. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-100. Motion carried unanimously with the members present. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 187 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE 107, THE PALM DESERT ZONING MAP,BY CHANGING THE ZONE 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.), P. (U.A.), PR-4 (U.A.) & O.S. (U.A.) ON PROPERTY GENERALLY LOCATED BETWEEN COUNTRY CLUB DRIVE AND THE WHITE - WATER STORM CHANNEL BETWEEN MONTEREY AVENUE & COOK STREET. July 27, 1978 Page 6 Mayor Mullins announced that this was the second reading of the ordinance and asked if there was any additional input. Staff advised there was none. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 187. Motion carried unanimously with the members present. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. CONSIDERATION OF DESIGN REVIEW CASE NO. 72C, COLUMBIA SAVINGS, APPLICANT, OVER WHICH THE CITY COUNCIL ASSUMED JURISDICTION AT THEIR MEETING OF JULY 13, 1978, WHICH IS THE CONSIDERATION OF THE BUILDING ELEVATIONS FOR A FIVE BUILDING COMPLEX LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF HIGHWAYS 111 AND 74 IN THE PC(3) S.P. ZONE DISTRICT. Councilman McPherson announced that he would abstain from participating or voting on this matter. Mr. Williams reviewed the Staff Report stating that the development plan for the subject property was approved by the Planning Commission and the Design Review Board as to layout. This case deals with the proposed building eleva- tions. Both the Design Review Board and the Planning Commission have approved the proposed elevations by a 3-2 vote. Subsequent to this action, Commissioner Steve Fleshman forwarded a letter to the Council indicating there may be some policy ramifications by the Planning Commission action. In both bodies, there was discussion about the elevations being similar to those of other buildings in the area. He reviewed pictures of the proposed elevation of the bank and the elevations of the other buildings proposed which differed in architecture but seem to have a common theme of tile roofing. He concluded that Council had the option of approving the elevations and determining that they are compatible to each other and adjacent development or deter- mine they are not compatible and reject the architectural style on buildings A-D. Two resolutions were presented representing both alternatives. Mayor Mullins stated that the concern was that this was a prime piece of property and that it be developed at the highest possible standard. MR. ROBERT RICCIARDI, 73-700 Highway 111, Palm Desert, addressed Council as the architect for the proposed shopping center buildings. He reviewed the two different types of architecture - the bank building vs. those which he had designed and showed that although they were dif- ferent in design, they were tied together in theme by the tile roofs. He stated that people driving down Highway 74 could always see the tops of the buildings in the center which should all be tiled. He said it is basically an architectural philosophy involved here, and he felt that one underlying theme makes it unique. He pointed out that he had been the architect for all phases of Palms -To -Pines with the exception of the Safeway Building and Thrifty Building. He stressed the unity of design made it a unique center. In conclusion he reviewed other buildings in town stating that although many of his were of the same design, it was his architectural philosophy. Even though the pro- posed buildings appeared to be the same as Prickly Pear Square and the Portola Square Building, they would be different in many ways. July 27, 1978 Page 7 Councilman Wilson stated that he felt that the unifying theme was important and moved to waive further reading and adopt Resolution No. 78-101. Mayor Mullins seconded the motion. Motion carried on the following vote: AYES: Wilson & Mullins NOES: Newbrander ABSENT: Brush ABSTAIN: McPherson XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD A DRAINAGE EASEMENT IN THE CITY OF PALM DESERT, CALIFORNIA. Mr. Bouman stated that at the Council Meeting of April 27, 1978, Resolution No. 78-52 was continued to allow more time to obtain proper signatures from Marrakesh, He reviewed the provisions of the easement and the purpose for it. Mr. Bouman stated that it has now been reviewed and approved. It is being brought to Council as a special item because it has been delayed, and Marrakesh is ready to proceed with construction. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-52. Motion carried unanimously with the members present. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Council Wilson requested that the matter of the schools which had been discussed during the meeting be made an agenda item for the next Study Session to try to determine where and how to get a more realistic picture from the School District. Mayor Mullins asked that everyone note the future meetings listed on the Agenda, XVI. ADJOURNMENT Councilman McPherson moved and Councilman W.lso seconded to adjourn the meeting. Motion carried unanimously ith he members present. Mayor Mullins adjourned the meeting p.m. ATTEST: • SHEILA R. GILLIGAN CLERK CITY OF PALM DESERT, CA`LIFORNIA ULLINS, MAYOR or PHERSON, MAYOR PRO-TEM July 27, 1978 Page 8