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HomeMy WebLinkAbout1978-05-11MINUTES REGULAR MEETING OF THE CITY COUNCIL THURSDAY, MAY 11, 1978 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins convened the regular meeting of the Palm Desert City Council at 7:12 p.m. on Thursday, May 11, 1978, 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-Tem James E. McPherson Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Management Services Clyde Beebe, Director of Public Works Doug Phillips, Deputy City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF PLANNING COMMISSIONER To Fill the Unexpired Term of F. Charles Reading, Resigned. Mayor Mullins announced that the appointment would be deferred until the meeting of May 25, 1978, to allow Council more time to review the matter. B. APPOINTMENT OF MEMBER TO THE BUILDING BOARD OF APPEALS AND CONDEMNATION To Fill the Expired Term of Mr. Al Cook, Archi- tect. Councilman Brush moved and Councilman Wilson seconded to reappoint Mr. Al Cook for a five-year term. Motion carried unanimously. C. PRESENTATION OF PROCLAMATION Declaring Municipal Clerks' Week. Mayor Mullins read the Proclamation which thanked all Municipal Clerks and declared the week of May 14, 1978, to be Municipal Clerks' Week in Palm Desert. Mrs. Gilligan, City Clerk, accepted the Proclamation with sincere thanks. VI. CONSENT CALENDAR A. MINUTES of the April 27, 1978, Regular Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 78-102. Rec: Approve as presented. May 11, 1978 Page 1 C LETTER FROM CHRISTINA SINATRA YOUTH CENTER Requesting the City's Financial and Plann.ing Participation in the Center, Rec: Refer to Staff for study,and report. D. REQUEST FOR RELEASE OF BONDS.fo.x. Tract No. 4980-1, Holstein Co., Applicant. Rec: Accept' the work as complete and authorize the City Clerk to release the bonds. Councilman Brush and Mr. Richard Kite both requested that Item "C" be removed from the Consent Calendar for discussion under Section X, Consent Items Held Over, of the agenda. Councilman McPherson moved and Councilman Brush seconded to approve the Consent Calendar with the exception of Item "C". Motion carried unanimously. VII. PUBLIC HEARINGS A. CONTINUED CASE NO. TT 5553, SILVER SPUR ASSOCIATES, Applicant: Consideration of a Request for Approval of a Tentative Tract to Create 71 Single -Family Residential Lots Ranging in Size from Approximately 10,000 Sq. Ft. to 30,000 Sq. Ft. from a Parcel Approximately 27.5 Acres in Size Located Within the PR-7 (Planned Residential, Maximum 7 du/acre) Zone at Ironwood Country Club. Mr. Williams reviewed the Staff Report pointing out that the project is designed to create a separate, self-contained area for custom homes within the development area at Ironwood, with access control at Mariposa Drive and interior access easements serving all but lots 1-6 which take access from adjacent public streets. The matter was greatly discussed by the Planning Commission, dealing mainly with the concerns of the adjacent property owners which are outlined in the Staff Report. These concerns dealt with setbacks of units abutting their developed area and also the matter of build- ing heights. The Commission did recommend approval of the subdivision subject to a number of conditions, including special conditions, some of which were to mitigate concerns of the adjacent property owners. Since the last meeting, the applicant and the representatives of the adjacent property have met and reached a mutually satisfactory agreement on the setbacks and building heights. Mr. Williams stated that he had presented Council with a revised set of Special Conditions reflecting these agreements, and he proceeded to review the changes. Staff recommended approval by Resolution No. 78-41, as revised. Councilman Newbrander pointed out that these conditions were more stringent than those approved by the Planning Commission. Mayor Mullins invited input in FAVOR of the project. MR. LARRY SPICER, President, Ironwood Country Club, advised Council that their continuance of the hearing had allowed him to meet with the owners of Tract No. 2521 which resulted in the reaching of a mutually acceptable agreement and which had also resolved problems that had been festering for some years. The Special Conditions as revised reflected verbatum the agreement reached by Ironwood and Tract 2521 represen- tatives. Councilman Newbrander asked Mr. Spicer if they could live with a 16' maximum height rather than 18'. Mr. Spicer responded that the 18' allowed an architect more freedom in design, but most homes would be 16'. MR. LEONARD DAVIS, 24-240 Birdie Way, addressed Council as President of Tract No. 2521 Property Owners and indicating their concurrence with the new conditions. MR. FORD SCALLEY, 73-620 Buckboard Trail, expressed his favor of approval of the subdivision. May 11, 1978 Page 2 MR. FRED GRIGGS, 73-549 Feather Trail, addressed Council in favor of the project but addressing concerns relative to drainage of the rear of homes. Staff responded that Special Condition No. 3 stated that the drainage for the tract would be engineered and approved by the Director of Public Works. Mr. Griggs also expressed concern over the 18' height. MR. ED PECK, 73-610 Buckboard Trail, expressed favor of the subdivision but concern over the 18' height and drainage problems that might occur. MR. EDDIE FOREST, 48-301 Birdie Way, expressed favor of the subdivision but concern over the building height and also over the location of any new wells as the existing wells are extremely noisy. Mr. Spicer responded that every effort would be made to locate any new wells away from adjacent property. Mr. Forest expressed concern also about the proposed wall and its height. He asked if it would be 6' from street level or from the slope of the ground which would make it higher. Councilman McPherson pointed out that the wall would be set back 10' which would mitigate the height. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. Councilman Brush stated that everyone seemed in agreement with the new Special Conditions with the exception of the height maximum and how it would affect views. Councilman McPherson stated that the final decision on the height of the home would be left to the Design Review Board, and he felt the decision should be left to them, giving them some flexibility. Councilman Wilson suggested changing Special Condition 1(d) to reflect a 16' maximum, unless an exception was made by the Design Review Board. Mayor Mullins declared the Public Hearing closed and asked the Council their pleasure. Councilman Wilson moved to waive further reading and adopt Resolu- tion No. 78-41, as revised, and by amending Special Condition No. 1(d) to read as follows: "All residences shall be single -story. The maximum building height whall be 16' on all lots except lots 42 through 57 and lots 61 through 70 where the maximum height shall be 14', and further, said maximum may be increased to 18' where adjacent views shall not be affected, subject to review by the Design Review Board". Councilman Brush seconded the motion. Motion carried unanimously. B. FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT FOR TRACT NO. 8237. Mr. Clyde Beebe presented the Staff Report, referring to maps showing where the District was proposed. He stated that the area is presently uninhabited. It will be the first subdivision to have a street lighting system. Staff is suggesting that the City have the home owners in this area pay for the energy and maintenance by adoption of Resolution No. 78-55. Mayor Mullins declared the Public Hearing open and asked for input in FAVOR of the District. None was offered. Mayor Mullins invited input in OPPOSITION to the District, and none was offered. He declared the Public Hearing closed. May 11, 1978 Page 3 Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-55, forming the District and authorizing the City Clerk to record with the County of Riverside. Motion carried unanimously. C. CONSIDERATION OF THE VACATION OF A PORTION OF PORTOLA AVENUE, UNDER THE PROVISIONS OF PART III, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams advised that the portion of Portola being considered for vacation was the south half of Portola which is not connected. Council had initiated a General Plan amendment at the last meeting to consider the change of status of Portola Avenue and whether it should be private or public, and whether or not there is a need for a street that is not connected at all now. It is Staff's opinion that the City cannot find a public need for this portion of Portola at this point in time. If Council elects to redirect Portola as part of a General Plan amendment and then decides to make it public at a later date, it can be acquired. Mayor Mullins invited input in FAVOR of the vacation. MR. JOHN BELEAU, 74-075 El Paseo, addressed Council giving a history of the street. He listed several reasons why Portola should not be extended and made public, including traffic congestion, a potential speedway, etc. He pointed out that the General Plan provided for a park at Portola and Haystack and making Portola Avenue a through street to Highway 74 would not allow this to be a very safe area for children in a park. He also reviewed the feasibility of the extension of Mesa View Drive. MR. FORD SCALLEY, 74-620 Buckboard Trail, spoke in favor of the vacation. Mayor Mullins invited input in OPPOSITION to the vacation, and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-56, vacating said portion of Portola Avenue and authorizing the City Clerk to record such action with the County of Riverside. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 78-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ALLOCATION OF A PORTION OF THE CITY'S LOCAL TRANSPORTATION FUND RECEIPTS TO BE ALLOCATED TO SUNLINE. This resolution authorizes the Riverside County Transportation Commission to get with SCAG to assign the City's share of Sunline operation to Sunline out of the SB 325 funds. We are talking about $88,000 as our share of the contribution. This is a legal procedure that is necessary. Hopefully the $219,000 balance of our monies would then be available to us for street and road purposes. This will be true only if the decision is made that we have met our transportation needs. If not, we may have to spend the entire SB 325 funds to meet the needs. Councilman McPherson pointed out that it was still necessary legally for us to now authorize the $88,000 contribution whether the decision on our meeting the needs had been made or not. Mr. Bouman agreed. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-57. Motion carried unanimously. May 11, 1978 Page 4 B. RESOLUTION NO. 78-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A SIGNALI- ZATION FUND. Mr. Beebe reported that Staff was asking that the Council adopt this resolution which would provide a legal means of collecting monies from developers who create a situation at an intersection that will require signalization at some time in the future. We have been doing this in the past by sug- gesting to the developers that a contribution be made. This resolution establishes formal policy requiring it. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-57. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 184 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGU- LATIONS, PROVISIONS AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED, "UNIFORM BUILDING CODE, 1976 EDITION", UNI- FORM BUILDING CODE STANDARDS, 1976 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED AS PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. Mayor Mullins announced that this was another in a series of ordinances which updated our code. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 184. Motion carried unanimously. B. ORDINANCE NO. 185 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE AND ESTABLISHING AND DESIGNATING CHAPTER 20 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT UNIFORM SIGN CODE" WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED, "UNIFORM SIGN CODE, 1976 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED, PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. Mayor Mullins advised that this was the second reading of the ordinance and pointed out that does not refer to our Sign Ordinance. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No, 185, Motion carried unanimously. X. CONSENT ITEMS HELD OVER C. LETTER FROM CHRISTINA SINATRA YOUTH CENTER Requesting the City's Financial and Planning Participation in the Center. Councilman Brush stated that he had asked for discussion on this matter because he felt that without the Center in the City, we would be faced with far greater juvenile crime than we are. He assured that the Council would review the proposal with that in mind. MR. RICHARD KITE, 77-270 Somera Road, Palm Desert, stating that they had submitted this request for 1978-79 funds on May 1st. Also submitted was a booklet backing the request, and he reviewed the contents of the booklet. He pointed out that they were not also asking for financial assistance, May 11, 1978 Page 5 but also for assistance in direction regarding a future site for the Center. The $20,000 requested would be utilized for operational expenses, and Mr. Kite pointed out that they presently operate with a $40,000 budget, $15,000 of which is received from the C.V. Recreation District with the remainder coming from private donations. The Youth Center's budget has doubled in the last five years. He felt that they had to come to the City at this time for financial aid because the Center presently is going into a deficit every month to keep it open. In the City'c growth, the Center is servicing more and more children every day, children ranging in ages of 7 years old to adults. The facilities are too small, and this forces the Center to operate at other facilities such as C.O.D. Without some financial assistance, the Center will be forced to cut back on their programs and the number of hours and days they will be open. He urged Council's every consideration. MR. JACK BROWN, 44-310 San Jose, addressed the Council reviewing the many programs the Center offered, including the Youth Soccer Association. He stressed the need for a major facility which could include a swimming pool, gymna- sium, etc. He concluded by stating that they were fighting for the very future of the Center. MR. RICHARD KITE pointed out that if the Jarvis -Gann Initiative passed, the funding from the C.V. Recreation District would be cut by 2/3, leaving a contribution of only $5,000. The Council unanimously agreed on the importance of the Center and their willingness to consider the Center's needs. Councilman Brush moved and Councilman Wilson seconded to refer the matter to Staff for study and report. Motion carried unanimously. XII. NEW BUSINESS A. REQUEST FOR APPROVAL of Parcel Map #11388, Located in the Cahuilla Hills. Mr. Beebe reported that this was a simple division of a 5-acre parcel of land into two different parcels. At the time it was presented to the Engineering Department, Staff stipulated a dedication of right-of-way for future use. Also required was that the owner sign a Future Improvement Agreement. The division of this land in no way implies that we will issue grading permits or building permits in the Cahuilla Hills. The dedication of right-of-way is refused on the map so that we do not have the liability of the street that deadends. However, we do have the ability to accept it in the future. Councilman McPherson stated that he was of the opinion that the City had gone on record with the County to oppose lot splits until basic services can be provided. Councilman Wilson stated his concern about taking this step when it isn't in the Specific Plan. Councilman McPherson moved and Councilman Wilson seconded to continue the matter to the Meeting of May 25, 1978, to allow time to prepare additional input. Motion carried unanimously. XIII. OLD BUSINESS A. CONSIDERATION OF RECOMMENDATIONS from the Ad Hoc Sign Amorti- zation Committee Regarding Sign Appeal from Union 76 Station, 73-801 Highway 111. (Continued from Council Meeting of April 27, 1978. Mr. Williams presented the Council with pictures of the subject signs, showing two large signs one of which is a rotating sign. He stated that the applicant had requested another year's extension or to 1980. Staff's recommendation May 11, 1978 Page 6 is that the City Council support the Sign Committee and require the removal of the sign. MR. CHUCK ROWE, San Diego, and representative of Union 76, addressed Council showing pictures he had taken which indi- cated the station could not be seen from the Highway with- out these high ground signs. He stressed their importance on the business of the station. Councilman Brush asked why the request was for one year, and what was the station going to do after the year. Mr. Rowe responded that the year's extension was all that was allowed, and they would probably then come back for another extension if this one were granted. Councilman McPherson stated that the intent of the Sign Ordinance was to allow signs for identification purposes, not for advertising. It was his feeling that these parti- cular signs were for advertising. He also stated that the angle from which the pictures were taken did not present an accurate view of how well the signs could be seen from Highway 111. Councilman Wilson pointed out that the Frontage Road con- version is going to be accomplished in the very near future, and this will probably eliminate the problem of being able to see the station. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-59; carried unanimously. B. REQUEST FOR APPROVAL of Final Tract Map 11454-1, Sunrise Corporation, Applicant. Mr. Beebe reported that this was for the portion of Desert Squire located on Monterey Avenue. The Subdivision Agreement has been filed with the City. There are other certain require- ments that must be met, but the developer has 60 days after approval to comply. Staff recommended approval. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-60, approving the Final Tract Map for Tract No. 11454-1, effective upon annexation. Motion carried unanimously. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman reported that the Annexation (#4) for Desert Squire had been approved, and the City Clerk had received verbal notice of this two days prior to the meeting. 2. Mr. Bouman stated that pursuant to Council's direction for the City Manager and Staff to proceed with prepara- tion for the southside fire station, Staff felt that the City should proceed at once with architectural specifications. Resolution No. 78-61 has been prepared to authorize the City Manager to negotiate for these architectural services and further appropriates a sum of $15,000 from the New Construction Tax Fund to cover the anticipated costs. Because this is a new and exciting venture, He suggested that the Council be in on the architect selection. He assured that he would keep the Council advised and involved. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-61; carried unanimously. May 11, 1978 Page 7 3. Mr. Bcuman stated that the third item involved Portola Country Club Estates. The developer has been granted one 30-day extension for recordation of the Final Map. They have filed a letter of credit which has created some problems that will require additional time to work out with the developer. Staff is requesting a 20-day extension to accomplish this. Councilman McPherson moved that a 20-day extension of time be approved for recordation of the Final Tract Map of Tract No. 11215. Motion carried unanimously. 4. Mr. Bouman reported a request from the C.V. Park and Recreation District relative to the resurfacing of the baseball diamond at the Middle School. Before the beginning of the youth baseball activities which will commence in 4-5 weeks, the infield should have some attention. The City has been asked to contribute $1,000 to these improvements. Other donations are being made by the Palm Desert Park Committee and the Park and Recrea- tion District. Staff was requesting Council's authoriza- tion to transfer $1,000 to Account #31-4990-809 from Account #31-4990-802. Councilman Brush moved and Councilman McPherson seconded to approve the donation of $1,000 and transfer the funds from the appro- priation for Park Extension (Account No. 31-4990-802) to an appropriation for City Contribution "Olson Field" Restoration (Account No. 31-4990-809). Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson asked about any feedback on the Shuman property as he had read in the newspaper where the matter had been postponed. He asked Staff if the County had been receptive to our concerns. Mr. Williams responded that the purpose of the continuance was to allow the Road Commissioner to get committments from property owners in adjacent cities to extend Monterey Road to the Shuman property. It seemed to be the consensus that with the extension of Monterey, the Shuman property would not be isolated. There was much opposition presented, and it boiled down to the extension of Monterey Road and accessibility. In response to Councilman Wilson's questions on the availa- bility of fire protection to the area, Mr. Williams pointed out that the property is an equal distance from Palm Desert, Rancho Mirage, Thousand Palms, Indian Wells, Palm Springs, etc., and this seemed their answer to that question. Councilman Wilson stated that Council had asked that this matter and the possibility of entering into an agreement with the County on areas within our Sphere be placed on an Agenda of the County Board of Supervisors. Mr. Bouman responded that this letter had been prepared in draft form by Mr. Williams, and Mr. Bouman was in the process of rewording portions of it inasmuch as the wording will be of particular concern. He assured Council that it would be sent out in the immediate future. Councilman Brush offered his concerns about the immediate importance of submitting this request to the County. Councilman Wilson said that he had been in Section 30 and 36 of the Cahuilla Hills and that the tops of hills were litterally being cut off. He expressed concern over this and stated that we must make the County aware of our opposi- to it. He stated that it appeared that the only way we were going to be able to protect the land within our sphere was to annex it all right away. May 11, 1978 Page 8 Mayor Mullins asked that everyone note the future meetings on the Agenda. Mr. Williams noted the following additions or changes in the meetings listed. May 17, 1978 - 5:00 p.m. Budget Study Session of the City Council City Hall Administrative Offices May 18, 1978 - 5:00 p.m. Budget Study Session of the City Council City Hall Administrative Offices May 23, 1978 - 5:00 p.m. Budget Study Session of the City Council City Hall Administrative Offices May 20, 1978 - 8:30 a.m. City Council/Planning Commission Bus Trip XVI. ADJOURNMENT Councilman McPherson moved and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 9:50 p.m. t• AY` SWARD `D . " MULLINSI, MAYOR ATTEST: �L' SHEILA R. GILLIGAN, CXTY CLERK CITY OF PALM DESERT,✓ CALIFORNIA May 11, 1978 Page 9