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HomeMy WebLinkAbout1979-03-08MINUTES REGULAR MEETING PALM DESERT CITY COUNCIL THURSDAY, MARCH 8, 1979 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * :'c * * * * * * * * * * * !c * * * :'c I. CALL TO ORDER Mayor Mullins convened the Regular Meeting of the Palm Desert City Council at 7:00 p.m. on Thursday, March 8, 1979, in City Hall Council Chambers. II. PLEDGE - Councilman Roy Wilson III. INVOCATION - Mayor Ed Mullins IV. ROLL CALL Present: Councilman Noel J. Brush Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Also Present: Excused Absence: Councilman James E. McPherson Martin J. Bouman, City Manager Murrel Crump, Acting Director of Environmental Services David J. Erwin, City Attorney Carlos L. Ortega, Assistant to the City Manager Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE BY CITY COUNCIL For The Ensuing Year Beginning March 8, 1979. Mayor Mullins advised that this item would be continued to the meeting of March 22, 1979, when a full Council would be seated. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of February 22, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 79-082 and 79-083. Rec: Approve as presented. C. DEDICATION OF LAND for Improvements in Tract No. 13581, Chacahuala Development. Rec: Authorize the Mayor and City Clerk to accept and record a Quitclaim Deed from Coachella Valley County Water District for dedication of land in Tract No. 13581. D. LETTER OF RESIGNATION By Mrs. Gloria Kelly from Her Position on the Palm Desert Planning Commission. Rec: Accept with regrets. MARCH 8, 1979 PAGE 1 VI. CONSENT CALENDAR (Continued) E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Eliane & Lucien P. ORTUNO for LE CAFE DE PARIS, 72-820 El Paseo, Palm Desert, California. Rec: Receive and file. Mayor Mullins requested that Item "D" be removed for discussion under Section X, Consent Items held over. Councilman Wilson 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. REQUEST FOR APPROVAL of a Change of Zone from PR-4 and 0.S. to R-2 8,000 (8) or Any Other Zone Deemed Appropriate and a Tentative Tract Map for a 238 Lot Residential Subdivision To Provide for 227 Dwelling Units on Approximately 80 Acres Located at the Southeast Corner of Portola Avenue and Country Club Drive - RIDGEWOOD DEVELOPMENT, INC. - (CONTINUED. FROM MEETING OF FEBRUARY 22, 1979). Mr. Crump stated that a letter had just been presented by Ridgewood Development (attached and made a part of these minutes as Exhibit "A") requesting that Council proceed with the zone change request but withdrawal of the Tentative Tract under consideration. Mr. Crump pointed out that the zone change had been approved by the Planning Commission, but their decision had been based on the development plan submitted with the request. Because of this, he recommended that the Staff recommendation for approval be changed to refer the matter to the Planning Commission for review of the new development plan or the zone change without a development plan. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the request. MR. FRED ARMSTRONG, Vice President of Ridgewood Development, addressed Council stating that the recommendation to refer the matter to the Planning Commission seemed appropriate to him. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Wilson asked when the item could be placed on a Planning Commission Agenda, and Mr. Crump advised that they could hear it on March 14th, allowing time for it to be returned to Council on March 22nd. Councilman Wilson moved and Councilman Brush seconded to refer the matter back to the Planning Commission for consideration and report back to the City Council. Motion carried unanimously. B. CASE NOS. TT 14003 AND 14004 - LEWIS HOMES OF CALIFORNIA, APPLICANT: Request for Approval of Two Tentative Tracts To Allow the Development of 282 Condominium Units, a 6 Acre Public Park, and Civic Center on Approximately 79 Acres in the PR-4, S.P. and P Zone Districts Located Northerly of and Adjacent to 44th Avenue between San Pablo Avenue and San Pasqual Avenue, and a Related Request to Utilize the Required Drainage Fees as a Credit Toward the proposed Drainage Channel Embodied Within Said Subdivisions. Mayor Mullins declared the Public Hearing open and asked for the Staff Report. Mr. Crump reviewed the Staff report and pointed out that the applicant had filed a letter requesting that their fees for drainage be utilized within their project. He stated that the main item of concern with the Planning Commission was a Special Condition #7 to their Resolution #453 dealing with improvements of Magnesia Falls Drive where it crosses the March 8, 1979 Page 2 VII. PUBLIC HEARINGS (Continued) B. LEWIS HOMES (Continued) Channel. As a result of applicant input, the Commission had decided to modify #7 to leave the decision to the City Council. He stated that it was Staff's recommendation to delete #7 from consideration. Councilman Wilson asked Staff's rationale for deleting #7. Mr. Crump responded that after research, Staff determined that the improvement would provide an alternate access which would not necessarily be required for access to the site, thus imposing a condition on the applicant beyond that which would normally be required. Councilman Wilson asked if this was not contrary to previous actions of the Council where other developers had been required to accept conditions such as this, and Mr. Crump advised that each instance had to be reviewed individually. Mayor Mullins invited input in FAVOR of the request. MRS. BETTY WILLIAMS, Division Manager, Lewis Homes, addressed Council stating that they had reviewed the conditions as they were presented by Staff and were in agreement with all conditions with the exception of the request for the bridge. She also respectfully requested Council's con- sideration of their request that their drainage fees be appropriated to the improvement of the Channel in their project. Mayor Mullins invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Mayor Mullins seconded to waive further reading and adopt Resolution No. 79-18, approving Tentative Tract No. 14003. Councilman Wilson asked for discussion and expressed that he was in total agreement with the request for use of the drainage fees but had serious concerns over the deletion of Special Condition No. 7. He stated that he felt this would be an important access for this development due to increased traffic resulting from the development of the property. Therefore, he felt it was an obligation of this developer to see to it that the road was completed. Councilman Brush asked if there wasn't some question as to whether or not you can put these costs on one developer when the improvement is going to be required whether the project is developed or not. Councilman Wilson pointed out the proposed Rancho Bella Vista Development wherein they would have been required to construct drainage improvements that would not have directly benefited their project. Council- man Brush stated that in that case, the development itself would have increased the drainage in the area by 20-257, so the developer should have been responsible for it. Dave Erwin stated that there was a legality in assessing a developer if the developer were not creating the need for the improvements. Councilman Wilson moved that Special Condition #7 be reinstated. Further discussion following relative to the channel crossing and the whether or not it should be a bridge or a paved crossing. Mayor Mullins reopened the Public Hearing to receive input from Lewis Homes's engineer., MR. STAN MORSE, 45-445 Portola Avenue, addressed the Council stating that their plans showed their paving would stop short of the channel in that they did not want to create a dry weather crossing that would go no where. This could create a dangerous crossing. March 8, 1979 Page 3 Mayor Mullins declared the Public Hearing closed. Councilman Wilson asked that the record state that he did not necessarily mean a bridge, but a satisfactory crossing. Councilman Wilson moved that the following additional condition be required of the developer: "Subdivider shall provide for improvements either in cash, bond, or some form of security agreement satisfactory to the City Manager, as required by City Engineer to extend Magnesia Falls Drive to cross the 100' drainage channel adjacent to northerly side of subdivision, but not necessarily a bridge." Councilman Newbrander seconded the motion. Motion carried unanimously with the members present. Mayor Mullins called for a vote on Councilman Brush's original motion to waive further reading and adopt Resolution No. 79-18; motion carried unanimously with the members present. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-19, approving Tentative Tract No. 14004; motion carried unanimously with the members present. Councilman Brush moved and Councilman Wilson seconded to, by Minute Motion, approve the applicant's request to utilize the required drainage fees for major drainage improvements pursuant to Section 26.49.030 of Ordinance No. 175; motion carried unanimously with the members present. C. CASE NO. TT 14079 - PRO -CON DEVELOPMENT CORP., APPLICANT: Request for Approval of a Tentative Tract Map to Create 134 Condominium Lots and 13 Common Area Lots on Approximately 27 Acres at the Northwest Corner of Portola and Hovely Lane in the PR-5 Zone District. Mr. Crump reviewed the Staff report in detail, pointing out that Staff's recommendation was for approval by Resolution No. 79-20. Mayor Mullins declared the Public Hearing open and invited 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. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-20, approving Tentative Tract No. 14080. Motion carried on a 3-1-1 vote, with Councilman Newbrander voting NO due to the absence of the applicant and his apparent lack of interest. D. REQUEST NO. TT 14080 - PRO -CON DEVELOPMENT, CORP., APPLICANT: Request for Approval of a Tentative Tract Map to Create 48 Lots for Condominium Purposes and 7 Lots to Provide Common and Recreation Areas on Approximately 10 Acres Within the PR-5 (Planned Residential, 5 du/acre max.) Zone, Located on the North Side of Hovely Lane, West of Portola Avenue. Mr. Crump reviewed the Staff Report including the related development plan. He stated Staff's recommendation to approve by Resolution No. 79-21. Mayor Mullins declared the Public Hearing open and invited 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. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-21, approving Tentative Tract No. 14080. Motion carried on a 3-1-1 vote with Councilman Newbrander voting NO due to the absence of the applicant and his apparent lack of interest. March 8, 1979 Page 4 VIII. RESOLUTIONS A. RESOLUTION NO. 79-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING SUBDIVISION FEES FOR DEVELOPMENTS IN THE CITY OF PALM DESERT. Mr. Bouman stated that this resolution presented certain subdivision fees which are required under Ordinance 125. However, the specific fees are established by Resolution in that they may be changed from time to time. The fees being recommended have been established by the Director of Public Works and they are based on his analysis of what it actually costs the City to process these documents. In addition, he has presented a study of such fees collected by other agencies or cities in the valley. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-23. Motion carried unanimously with the members present. B RESOLUTION NO. 79-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING THE OFFER OF A PARK SITE OF APPROXIMATELY 6 ACRES FROM LEWIS HOMES OF CALIFORNIA, DETERMINING THAT SAID DEDICATIOM MEETS THE TOTAL PUBLIC FACILITIES REQUIREMENT FOR TRACTS 12181-1, 12181-2, 14003 AND 14004, AND AUTHORIZE THE MAYOR TO ENTER INTO AN ESCROW ON THE OFFER AND EXECUTE THE NECESSARY AGREEMENTS. Mr. Bouman reported that this was an offer by Lewis Homes for 6 acres of park land to satisfy the park land dedication on Tracts 14003 and 14004. It will be a very valuable asset to the Park and Recreation's long-range plan. The offer is well in excess of the requirements they would have to fulfill. Mr. Bouman requested that Sections 3 and 5 of the resolution be amended as follows: Section 3 - addition of the wording "subject to review and approval of the City Attorney". Section 5 - changed to read: "There is hereby appropriated the sum of $250 from the Unobligated Fund Balance of the New Construction Tax Fund to "Closing Costs -Dedicated Properties" (Account No. 31-4990-906) to provide for the necessary fees to complete escrow on this offer." Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-22 as amended. Motion carried unanimously with the members present. Councilman Brush extended the Council's sincere appreciation to Lewis Homes. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER D. LETTER OF RESIGNATION By Mrs. Gloria Kelly from Her Position on the Palm Desert Planning Commission. Mayor Mullins stated that he had asked that this item be removed to explain that Mrs. Kelly had resigned because she has moved outside the City limits. He extended the Council's appreciation for the great job she had done. Mayor Mullins moved and Councilman Wilson seconded to accept the resignation with sincere regrets. Motion carried unanimously with the members present. March 8, 1979 Page 5 XI. CONTINUING BUSINESS A. REQUEST BY NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA For Permission To Erect Two Billboards Within the City Limits and for the Establishment of a Restrictive Outdoor Advertising Ordinance for the City of Palm Desert. Mr. Bouman reported that Mr. Naegele had requested that this matter be placed on the Agenda and even though it is not a public hearing, it was agreed that he could speak on the matter. However, since that time, Mr. Naegele had decided that it would not be necessary for him to speak. Mr. Bouman stated that since the last Council meeting, he had referred the matter to the City Attorney asking him to research various codes, our own code, and that of other places as to whether or not the Council could indeed grant the request of Mr. Naegele, particularly with regard to the first two things that he requested. One was for the con- struction of a new billboard on the south side of Highway 111 near the westerly end of the City, and the other was to reerect a sign that will have to come down soon on the north side of Highway 111 in the central part of the City because of construction on the property. He pointed out that the City Attorney had given Council a preliminary report in Study Session in which he is advising that under the provisions of the Code, Council cannot grant such a special use permit or a variance or a conditional use permit. In that light, there really isn't anything Council can do at the moment to honor Mr. Naegele's request except perhaps pursue his request #3 in which he says "we would like the Council to instruct the Staff to work with the industry and establish a restrictive outdoor advertising ordinance for the City of Palm Desert". Mr. Bouman stated that he would now seek the instructions of Council as to how to proceed with the Staff study. Mayor Mullins said that he thought everyone had received the correspondence from Mr. Naegele in which they were requested to study three items. Two of these have been accomplished, so he thought it would be appropriate to take a look at the ordinance to see what ideas they have and if those ideas are agreeable to the City. This will take time as you just don't change an ordinance that easily. Councilman Wilson inquired as to the procedure to change an ordinance, and Mr. Erwin responded that it would be a public hearing process through both the Planning Commission and the City Council. Councilman Newbrander stated that it should be a very in-depth study in that there was a lot of study and work that went into the preparation of the original ordinance with many public hearings. Councilman Wilson stated that he thought that the City needed to look carefully to make sure that we have a restrictive ordinance but not a prohibitive ordinance. Councilman Brush agreed. He stated that there is some ques- tion as to the legality of the ordinance as it is now written in view of the San Diego decision. He felt the City had an obligation to review that and meet with the Naegele people to get their feelings as to what they feel they should have and to consider the whole issue over again. He did not feel the City had any other choice. Councilman Wilson asked if this would take a minute motion or just Council direction. Mr. Erwin advised that Council direction was sufficient. Mr. Bouman stated that he understood the Council to say that the direction is an extension of the former direction except the thrust is that it should be restrictive to the benefit of the City but not prohibitive. Council concurred. March 8, 1979 Page 6 XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS MR. CLIFF MARGOLIS, 48-230 Birdie Way, Palm Desert, addressed Council as President of Tract 2521 in Silver Spur. He stated that Silver Spur Associates or Ironwood is grading property in Tract 5553, and his homeowners association was very concerned about the residents on Buckboard Trail due to the escessive heights of the building pads. He stated that the pads were not in conformity with their understanding with Ironwood that the lots on Buckboard Trail would remain as they were — developed lots would be lower than the top of the wall. He felt that these elevated pads would depreciate the value of the homes on Buckboard. He stated that his tract (2521) had agreed to the waiver of CC&R's on the strength of a letter from Larry Spicer, President of Ironwood Country Club, assuring us that these pads would not be elevated. He respectfully requested Council's consideration of their problem, encouraging them to drive up there to see the intolerable situation for themselves. MRS. LEONARD JOHNSON, 73-465 Feather Trail, Palm Desert, stated that they were led to believe by Ironwood that the grading would not interfere with their views and that the grading steps are now 3-1/2' to 4' along the back side of Feather Trail which in most cases puts the pads level with their existing walls. 0n top of the elevated pad, there will be a 6' wall. The following individuals also spoke in opposition to the grading in Ironwood: MR. HOWARD NOBLE, 48-321 Birdie Way, Palm Desert MR. LEONARD JOHNSON, 73-465 Feather Trail, Palm Desert MR. WILSON COATES, Buckboard Trail, Palm Desert, who felt the pads were being elevated to assure views of the golf course at the expense of the Silver Spur residents. MR. FORD SCALLY, 73-620 Buckboard Trail, Palm Desert, who stated that in the original negotiations with Ironwood, they specifi- cally agreed that they would not raise the elevations more than 2' in those areas adjacent to Buckboard Trail. MRS. MARIAN MARGOLIS, stating that notwithstanding the agreement between Ironwood and Silver Spur Ranchers Association, a lot of things were spoken about and promised, and Ironwood assured them that they were going to follow the contour of the land. Mr. Bouman pointed out that it is State law that dictates in many cases the elevation of building pads and how they must drain. Councilman Wilson asked that copies of the agreements between Ironwood and Silver Spur Ranchers Association be furnished to the City Manager. He asked that Staff review the tape of the Council meeting to determine the spirit of that meeting relative to the elevations of these pads. If Ironwood is, in fact, building view lots and not elevating them for drainage purposes, this should be investigated. He asked that these items be reported on at the following Study Session of March 15th. MR. STEVE HUGHES, 73-101 Portola Avenue, Palm Desert, addressed Council as the Chairman of the tenants committee that petitioned the City Manager to hear a protest. about rent increases. He expressed his disappointment in not only the manner in which the Rent Mediation Panel conducted their meeting/hearing on his matter but also the fact that nothing had resulted from this hearing. He felt that a panel comprised of no one but realtors could hardly be objective. He reviewed the rent increases they have received which amounted to 62-1/2% in 1-1/2 years. He stated that the Committee should have a better set of guidelines with March 8, 1979 Page 7 which to conduct their meetings and an on -site inspection should be made so that individuals serving on the panel would know what was being discussed. Also there should be a comparison of other facilities of similar nature. He thanked the Council for their assistance. Councilman Brush pointed out that when this panel was established, the Council had solicited applications from members of the public to participate on the panel. The only individuals willing to give their time had been realtors. He asked Mr. Hughes to let the City know if there were other interested individuals. Councilman Wilson agreed that guidelines should be established for the panel. Mr. Bouman pointed out that the City accepts the voluntary services of a rental mediation panel which we hope might enter into an investigation of rental disputes. However, this is not an official City panel, and we have no authority to go to them to say how to conduct their business. We can call it to their attention if their dealings are unfair. MR. ALEX TAKACS, 73-730 El Paseo, Palm Desert, addressed the Council stating that at 6:25, he had called the Sheriff's Depart- ment to report a drunken disturbance in the parking lot behind his business. He indicated that the women working in the answering service next door were frightened, so he had someone telephone the Sheriff's Department. It took 8 minutes for the Sheriff's Depart- ment to answer the telephone call the first time and 4 minutes the second time. Then two patrol cars drove by but did not stop. One did pull into the Union Station next door, but never answered this call but pulled out toward Indio. He stated that he had attended the meeting to make the Council aware. MR. BILL STEWART, In -Step Shoes, El Paseo, addressed Council for followup from the last Council meeting. He reported that since that time, several businesses had been "egged" and one store had been robbed that day. He said that the City was growing and needed more protection. Mayor Mullins reported that the Sheriff's Department had attended the last Study Session. They are aware of not only the recent vandalism but also the fact the the City has grown. They had been prepared to recommend additional protection in the near future, and they will be coming back to Council in the very near future with this recommendation. Mayor Mullins also announced that the City will be holding some meetings of the merchants and the Sheriff's Department so that people can report specific instances. There will be 2 or 3 meetings, some in the afternoon and some in the evening so that the merchants can relate to the Sheriff's Department exactly what has been happening. Mr. Bouman pointed out that the Sheriff's Department is now utilizing selective enforcement in that many times, we do have up to 5 cars in the City. They are patrolling El Paseo more now, but they can only go so far. He also stated that when the City hears of such reports about the Sheriff's Department relative to failure to respond, the specifics should be reported to the City Manager so that he can in turn discuss it with Captain Adkins to see what has happened. The City must know the date, time, and place; the name of the deputy. Councilman Brush stated that he thought the businesses in this town pay for the Sheriff's Department, and they are entitled to protection. He felt that we had asked for information rela- tive to how much it would cost for additional coverage, and we needed the figures. Mayor Mullins pointed out that this had been covered in Study Session, and Captain Adkins would be coming back with the figures. In the meantime, he hoped that the planned meetings with the mer- chants and Sheriff's Department would present solutions to some of the problems. March 8, 1979 Page 8 XV. REPORTS AND REMARKS 1 A. CITY MANAGER 1. Mr. Bouman reported that the City's Annexation No. 6 and No. 8 had been heard by LAFCO that day, and it was good news to be able to report that both were approved and hopefully will appear on the March 22nd Agenda for final approval. 2. Mr. Bouman stated that the City had a request for permission to install temporary signs in connection with the Fine Touch Art Fair to be held at the Community Park the next two weekends. The ordinance requires that the Council approve a temporary use permit, and this takes a minute motion. Councilman Wilson moved that a temporary use permit be issued with the understanding that the signs be of a directional nature only and that they not be overdone. Councilman Brush seconded the motion; carried unanimously with the members present. 3. RESOLUTION NO. 79-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECOGNIZING THE COUNCIL ON CRIMINAL JUSTICE - REGION S AS THE REGIONAL CRIMINAL JUSTICE AND DELINQUENCY PREVENTION PLANNING AND COORDINATING BODY IN THE COUNTIES OF IMPERIAL AND RIVERSIDE, CALIFORNIA. Mr. Ortega reviewed the resolution stating that it would incorporate what used to be the Tri-County Council into a Bi-County Council including the counties of Riverside and Imperial. According to law, they need 50% of the cities support, and adoption of this resolution would indicate Palm Desert's support. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-24. Motion carried unanimously with the members present. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL None XVI. ADJOURNMENT Councilman Wilson moved and Councilman rush seconded to adjourn the meeting. Motion carried unanimously wi th- members present. Mayor Mullins adjourned the meeting at 9:20 p.m. ATTEST: SHEILA R. GILL GAN, CITY CLERK CITY OF PALM DESERT, 'CALIFORNIA D. MULLINS%, MAYOR or S E. McPHERSON, MAYOR PRO-TEM March 8, 1979 Page 9