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HomeMy WebLinkAbout1978-09-28MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 28, 1978 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins convened the regular meeting of the Palm Desert City Council at 7:06 p.m. on Thursday, September 28, 1978, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Brush Councilman McPherson Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: Martin J. Bouman, City Manager Doug Phillips, Deputy City Attorney Murrel Crump, Acting Director of Environmental Services Clyde Beebe, Director of Public Works Paul Byers, Director of Management Services Carlos Ortega, Assistant to the City Manager V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Mayor Mullins announced the following appointments to the newly created School Citizens Advisory Committee: William Kroonen, College of the Desert Russ Marshall, Businessman Sandra Harris Matt Monica VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of September 14, 1978. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos /9-025, 79-031, and 79-032. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF AUGUST, 1978. Rec: Approve as presented. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By John V. and John M. TREFTS and Grover G. KRIEGER for YOUNGS RESTAURANT, 74-360 Palm Desert Drive, Palm Desert, California. Rec: Receive and file. September 28, 1978 Page 1 E. REQUEST FOR REFUND from Mr. Robert L. Solomon In the Amount of *4.24 for an Unused Permit. Rec: Authorize the refund from Account #11-4980-000. Councilman Newbrander moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. TT 13236, CLIFF SWANSON, et. al., Applicant: Request for Approval of a 40-Lot Industrial Subdivision on Approxi- mately 29 Acres Within the S.I., (U.A.) (Service Industrial Upon Annexation) Zone on the East Side of Cook Street, Northerly of the Whitewater Channel. Mr. Crump reviewed the Staff Report, stating that it was their recommendation that the request be approved by approval of Resolution No. 78-118. The applicant was in agreement with all of the conditions. He reviewed the justification for approval as outlined in the report. Mayor Mullins declared the Public Hearing open and asked for input in FAVOR of the request. None was offered. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Mr. Beebe pointed out that Special Condition No. 4 should be corrected to read "City" rather than "County". Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-118 as corrected. Motion carried on a 4-1 vote with Councilman Newbrander voting NOE. Councilman Newbrander explained her NOE vote by stating that she felt that it should be discussed more with Indian Wells before action is taken. They were very definitely opposed, and we should have had more conversations with them. B. CASE NOS. C/Z 09-78, DP 13-78, TT 12181-1, TT 12181-2, 144MF and 147MF, LEWIS HOMES. APPLICANT: The Applicant has acquired the approximate 108 acres consisting of the vacant land east of the College of the Desert between San Pablo Avenue and Portola Avenue. The Applicant is requesting approval of the following to permit the development of a total of 588 dwelling units on approximately 98.5 acres with the remaining 9.5 acres being set aside for City acquisition for the proposed Civic Center complex. C/Z 09-78 A Change of Zone from PR-4, S.P. (Planned Resi- dential Max. 4 du/acre) and P (Public/Institutional) to PR-6 (Planned Residential, Max. of 6 du/acre) for Approximately 70.5 Acres of the Subject Property. DP 13-78 A Development Plan to Develop the Above Described 70.5 Acres with 418 Dwelling Units and a Six Acre Public Park. TT 12181-1 TT 12131-2 A Tentative Tract to Create a 30 Duplex Lot Sub- division on a 10.7 Acre Portion of the Subject Property Which Is Located in the R-2(5), S.P. (Single Family - 5,000 Sq. Ft. Min. Per Dwelling Unit, Scenic Overlay) Zone District Adjacent to Portola Avenue. A Tentative Tract to Create a 73 Lot, Single Family Subdivision on a 17.9 Acre Portion of the Subject Property Located in the R-1 (Single-Family- 8,000 Sq. Ft. Min. Lot Size) and R-2(5) S.P. Zone Districts. 144MF Preliminary Design Review to Provide for a 160 Unit Condominium Development and Related Recrea- tional Amenities on a 27.2 Acre Portion of the September 28, 1978 Page 2 Subject Property Located in the Proposed PR-6 Zone District. 147MF Preliminary Design Review for the Proposed 73 Single -Family Lots to Consist of Four Different Floor Plans with Each Having Four Different Elevations. Mr. Crump reviewed the Staff Report in detail and presented the justification for approval of Change of Zone in modified form, the Development Plan, and the Tentative Tract Maps. He pointed out that the Commission had felt, in their review of the request for PR-6, that the PR-4 was more compatible for the area. Their recommendation would reduce the number of dwelling units from the requested 418 to 282 for the 70.5 acre area. He then presented the various phases of development and accompanying tract maps. Mayor Mullins declared the Public Hearing open and asked for input in FAVOR of the request. MRS. BETTY WILLIAMS, Division Manager for Lewis Homes, addressed Council stating that they were in agreement with the Staff and Planning Commission on Tentative Tract Maps 12181-1 and 12181-2. However, they were concerned with the 70.5 acres of land on which they had requested a change of zone. She stated that since the Planning Commission meeting and their decision on PR-4, they had earnestly tried to come up with a compromise for this property. The PR-4 designation would allow for 232 units, and this would not be economically feasible to develop. She also stated her disagreement with the Staff that they could not conform to the City's setback requirements when their planners feel that they can. She then presented a compromise solution they had worked out which was a patio -home concept on 38.71 acres. This would include tennis courts, clubhouse, pool, and 587 Open Space. The overall density would be 4.45 units per acre or .45 more than what is recommended by the Planning Commission. The Tennis Club Concept is 160 units overall and 5.29 units to the acre. She stated that it was not their intention to come before the Council with a controversy but with a compromise. She reviewed the new plans for the Council. Mrs. Williams pointed out that Staff was requiring a tremendous amount of improvements which would cost them in excess of $700,000. She closed by stating that they were not asking for the moon. It is an excellent land concept, and Lewis Homes will be offering affordable housing that people cannot now get in this area. Their homes will cost between $65,000 and $120,000. Mayor Mullins invited any other input in FAVOR of the request. None was offered. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. Councilman Wilson asked Mrs. Williams if her firm had been aware of the zoning prior to the purchase of the land and if they had done an economic feasibility study on the property. Mrs. Williams responded that they had looked at it to build single-family homes, but these homes did not seem like they would be suitable in that it went directly from Civic Center to single-family. Lewis Homes had purchased the property about 8 months ago and had worked it over repeatedly trying to come up with a quality development. Councilman Wilson stated that he felt the Council was very sympathetic to affordable housing, and there are PR-6 zones available for purchase in the City. Mrs. Williams responded again that they had had every intention at the time of pur- chase of building single-family homes, but they did not seem compatible with the area. September 28, 1978 Page 3 Councilman Newbrander stated that naturally the Planning Commission would uphold the COD Study which dictated the PR-4 zone inasmuch as a great deal of time and public input had gone into the adoption of the Plan. Mrs. Williams stated that the General Plan provided for a PR-6 zone and Councilman Wilson responded that 2-1/2 years of study had gone into the COD Specific Plan and specific reasons for the PR-4 density were made to provide for a high quality, inexpensive development which was wanted for that area. The General Plan is general in nature, whereas the COD Specific Plan is more definitive in nature. MR. STAN BELL, Architect for Lewis Homes, addressed Council explaining the density request and again pointing out that it was only .45 units per acre more than had been approved by the Planning Commission. Councilman Newbrander stated that she felt that the City was not incorporated to help developers create additional units to make money. She stated that she did not think it should be done at the expense of Palm Desert, and this was the second time Lewis Homes had come for exactly the same thing — high density. Mrs. Williams stated that she had been advised by Paul Williams that the drainage fee could be contributed towards the drainage channel if the Council so desired. Since this is a major portion of the Master Drainage Plan, she asked the Council to consider that they would be paying $1,200 per acre for drainage and would like to know if the Council would consider making these funds available to them when they needed them for the construction of the channel. Mr. Bouman replied that it was a reasonable request and was provided for in the ordinance. Discussion was held on whether or not it was feasible to approve the tentative tract maps presented to allow Lewis Homes to go ahead with those. Mr. Be2be pointed out that there may be a problem with the proposed drainage require- ment that could affect the whole project. Mr. Beebe stated he had not had a chance to review the drawings and until he could, he was not able to determine the overall affect. Councilman Wilson moved and Councilman McPherson seconded to continue the consideration of Resolutions 78-119 and 78-120, TT 12181-1 and TT 12181-2 respectively, to the meeting of October 12, 1978, to allow time to work out a compromise on the drainage for said tracts. Motion carried unanimously. Councilman McPherson moved and Councilman Newbrander seconded to refer the matter of the Change of Zone (09-73) and the related Develop- ment Plan to the Planning Commission for study and subsequent recommenda- tion to the Council. Motion carried on a 4-1 vote with Councilman Wilson voting NOE. Councilman Wilson clarified his NOE vote stating that it was his feeling that PR-4 should be the maximum density. VIII. RESOLUTIONS A. RESOLUTION NO. 78-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR CITY ANNEXATION NO. 5, LAFCO NO. 73-34-4. Mr. Bouman explained that this annexation had been approved by LAFCO and that the Council had previously indicated its approval and intention to annex. The purpose of this resolu- tion is to set a Public Hearing on the matter for November 9, 1978, in Council Chambers to receive any public input there might be on the annexation. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 78-121. Motion carried unanimously. September 28, 1978 Page 4 B. RESOLUTION NO. 78-122 - 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 BUILDING & SAFETY THAT HAVE BEEN MICROFILMED. Mr. Bouman reported that this was a housekeeping item where records have been retained for the required legal period and will now be microfilmed, with the original documents being destroyed. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 78-122. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUED BUSINESS A. REQUEST FROM PALM DESERT DISPOSAL SERVICES, INC. For Increase in Trash Collection Fees (Continued from Meeting of September 14, 1978 Mr. Ortega reported that the City had received a 2-part proposal from Palm Desert Disposal to increase rates. The City Staff had come to an agreement on one part, that of the increase due to the 85c pass through fee the disposal company must pay at the dump. This fee is a result of Proposition 13. Staff recommended the approval of this rate increase by Resolution No. 78-111. However, he noted that Section 7 which had been deleted in its entirety should be reinstated in the resolution and that the effective date of the rate change should be corrected to read October 1, 1978, rather than the stated September 1, 1978. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 78-111, as amended. Motion carried unanimously. XII. NEW BUSINESS A. REQUEST FOR BUILDING PERMIT EXTENSION by Mr. and Mrs. Roger Fuller for a Commercial Building to be Constructed at 73-115 El Paseo, Palm Desert. Mr. Bouman reported that this matter comes to the Council as a result of a mailgram from the Fullers who are trying to get their building started on the south side of El Paseo by Sage. They are having difficulty meeting the rising costs and getting contractors and subcontractors. The City Attorney and the Director of Building & Safety are agreeable with the 30 day extension with the full understanding that the City in no way can make any changes as to State Code Energy Requirements. They would have to be a separate appeal to the State. Councilman Wilson moved and Councilman McPherson seconded to approve the 30-day extension. Motion carried unanimously. B. REQUEST FOR APPROVAL of Irrigation and Landscape Contract for the Community Park Extension. Mr. Beebe reminded the Council that he had been authorized September 28, 1978 Page 5 in May of last year to call for bids for improvements at the park in the area adjacent to Tract No. 8237. However, no bids were received. Accordingly, the City Attorney advised that Staff could then negotiate a contract. Two bids were negotiated, and Staff came up with only one. In view of the every day rising costs, it was Staff's recommendation to approve the contract now. Councilman McPherson moved and Councilman Brush seconded to accept the proposal and award a contract to D. H. Spurgeon, Owner of Oroville Contractors, to install an irrigation system and landscaping per the City of Palm Desert's Plans and Specifications. Motion carried unanimously. C. REQUEST FOR AUTHORIZATION for Negotiation of a Contract for the Master Drainage Plan for the Area Located Northerly of the Whitewater Wash. Mr. Bouman reported that the Director of Public Works felt a conflict on interest relative to this discussion, and therefore, Mr. Bouman would give the report. He stated that the City had been seeking qualified contractors to perform a Master Drainage Plan for the northern area of our City. We have received 5 proposals. The two lower proposals, however, did not include the required "Errors & Omissions" coverage that the City required. Therefore, because of this and also due to the fact that the City has worked with Willdan Associates very successfully in the past, it is Staff's recommendation that we be authorized to nego- tiate further with them, but if all other conditions for performance could be met, we would like to enter into an agreement with them not to exceed $20,000. This amount is provided for in the budget. Councilman McPherson moved and Councilman Wilson seconded to authorize the City Manager and the Director of Public Works to nego- tiate a contract for the subject work with Willdan Associates of San Bernardino, California; carried unanimously. D. REQUEST FOR APPROVAL of Plans and Specifications for Monterey Avenue Improvements. Mr. Beebe reported that Charles Haver & Associates has assembled construction plans and specifications for the construction of Monterey Avenue on the easterly side from Park View Drive to the northerly City limits, excluding the Whitewater Wash area. The plans encompass the construction of curb, gutter and tie-in paving, as well as the necessary traffic striping. This construction is necessary to convey storm waters to the Whitewater Wash as well as a more desirable traffic control along this street. The monies for this project have been allocated from the Local Transporta- tion Fund in the amount of $150,000. Councilman McPherson moved and Councilman Brush seconded to accept the plans and specifications and authorize the City Clerk to advertise for bids. Motion carried unanimously. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None September 28, 1978 Page 6 XV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman presented Resolution No. 78-123 dealing with Council's previous approval to acquire certain real property in accordance with the COD Specific Plan. Mr. Ortega has negotiated another purchase of one of the lots at a fair price, and this resolution would authorize the City to accept the deed and get it into escrow as soon as possible. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 78-123. Motion carried unani- mously. 2. Mr. Bouman asked that everyone note the Future Meetings including the addition of a Special Planning Coiiuuission meeting to be held on October 5, 1978, at 7:00 p.m. in Council Chambers to hear input on the Rancho Bella Vista project. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson noted that the Council would reconvene Study Session immediately following the Redevelopment Agency Meeting. XVI. ADJOURNMENT Councilman Wilson moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 8:45 p.m. �7 ARD D. MULLINS, MAYOR ATTEST: -"SHEILA R. GILLIGAN, CI CLERK CITY OF PALM DESERT, IFORNIA September 28, 1978 Page 7