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HomeMy WebLinkAbout1979-09-27l MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 27, 1979 CITY HALL COUNCIL CHAMBERS 7:00 P. M. I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:08 p.m. in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore James McPherson III. INVOCATION - Mayor Edward D. 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 Carlos L. Ortega, Assistant City Manager Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of September 13, 1979. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 80-024. Rec: Approve as presented. C. CLAIM AGAINST THE CITY In the Amount of $64,000 By MARILOU TAYLOR for Flood Damage To Her Residence at 72-063 Bursera Way, #2, Palm Desert, California. Rec: Deny the claim and so advise the claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Gaylon Greger, Edward J. Walsh, Daniel J. Pratt, and Frank Pezzlo for CHALET WINES AND SPIRITS, 72-790 El Paseo, Palm Desert, California. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Norman, Myrna, Sally and Sidney Cramer for BAR-B-SPIT, 72-990 El Paseo, Palm Desert, California. Rec: Receive and file. September 27, 1979 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * :'C :': i. * :: :': :'.' .. n is i'C :: i'C is :': * iC :': :. iC :': :': :': .: :': :': is .. :: :, n is :: .. :': :': VI. CONSENT CALENDAR (Continued) F. REQUEST FOR REFUND By Estate of Anthony B. Volz In The Amount of $50.00 For Business License Refund. Rec: Authorize the refund from Account No. 11-4980-000. G. REQUEST FOR REFUND By Matthew Goodwin In The Amount of $1,066.80 For Construction Tax Paid for Now Abandoned Project. Rec: Authorize the refund from Account No. 31-4999-000. H. REQUEST FOR AUTHORIZATION To Call For Bids On The De Anza/ San Carlos Intersection Project. Rec: By Minute Motion, authorize the City Clerk to advertise for bids for the improvements at the San Carlos/De Anza Intersection. I. RESOLUTION NO. 79-117 - 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 ENVIRONMENTAL SERVICES THAT HAVE BEEN MICRO- FILMED. Rec: Waive further reading and adopt Resolution No. 79-117. Councilman Brush moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. REQUEST FOR INPUT RELATIVE TO THE CITY'S COMMUNITY DEVELOPMENT SIXTH YEAR BLOCK GRANT PROGRAM. Rec: Receive any public input and close public hearing. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Ortega reported that the City of Palm Desert was a co -petitioner along with other Coachella Valley cities in this program, and our entitlement was $73,687 for the Sixth Year Program which would begin in July, 1980. He pointed out that the City had just received a $140,000 grant from this Program, which combined with another grant, makes a total of $290,000 which will be spent on the Rancho Road Area Project. The basic purpose of the program is to eliminate blight, help low and moderate income families, and upgrade public facilities. He reviewed the different types of projects the City could apply for. Mayor Mullins invited public input, and none was offered. Mr. Ortega pointed out that since the projects are not due to be submitted until the last of October, Council could continue the hearing until the meeting of October 25th to receive any input at that time. Councilman Wilson moved and Councilman Brush seconded to continue the Public Hearing to the meeting of October 25, 1979. Motion carried unanimously. September 27, 1979 Page 2 'MINUTES 7,GULAR CITY COUNCIL MEETING * * * * * �L * * �C 1` * * J; * J� ** *1 * * n * i.i i�C i i�C n * * * iC * * i. * * * VII. PUBLIC HEARINGS (Continued) B. CASE NO. TT 14996 - MACK DEVELOPMENT AND INVESTMENT CO., APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A 118 LOT TENTATIVE TRACT MAP TO ALLOW 116 CONDOMINIUM UNITS ON APPROXIMATELY 25 ACRES WITHIN THE PR-5 (PLANNED RESIDENTIAL, MAXIMUM 5 D.U./AC.) ZONE LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE BETWEEN MONTEREY AVENUE AND PORTOLA AVENUE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Paul Williams reviewed the Staff Report stating that the major topic of discussion with the Planning Commission dealt with the proposed north -south street. He stated that the applicant is being required to dedicate 1/2 of the street but only to improve it to the entrance of the project. The Commission felt that with this roadway, it would provide good access to the single-family area. Both Staff and the Planning Commission recommended approval as presented. Mayor Mullins invited input in FAVOR of the project. MS. INGRID MACK, 111 N. Fifth Street, Redlands, addressed Council as the applicant. She stated her concurrence with both the Planning Commission and Staff recommendations. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman Wilson expressed concern that this project was brought to Council having been approved by only two votes of the Planning Commission. He stated that one of the strengths of the Planning Commission is that 5 people explore all the issues, and it bothered him that only two Commissioners had voted on it. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-112. Motion carried on a 4-1 vote, with Councilman Newbrander voting NO. Councilman Newbrander explained her NO vote by stating that she felt the project was too dense -- a lot of buildings jammed into a small area. C. CASE NO. TT 15000 - PACIFIC COAST BUILDERS, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A 1,173 LOT TENTATIVE TRACT MAP TO ALLOW 1,111 CONDOMINIUM UNITS AND AN 18-HOLE CHAMPIONSHIP GOLF COURSE IN THE PR-3, S.P. (U.A.) (PLANNED RESIDENTIAL, MAXIMUM 3 D.U./AC., SCENIC PRESERVA- TION OVERLAY, UPON ANNEXATION) ZONE ON APPROXIMATELY 404 GROSS ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF COOK STREET AND COUNTRY CLUB DRIVE. Mayor Mullins declared the Public Hearing open and called for Staff's report. Mr. Williams reviewed the Staff Report. He pointed out a memorandum from the Fire Marshal which indicated this property was outside the area of 5-minute response time, thus recommending denial of the project. Staff and the Planning Commission have recommended that this develop- ment be required to set aside land for a new fire station site. The Siegel property which is immediately adjacent to this project has also been required to set aside land for the purpose of a fire station site. However, it is felt that this project would be the better of the two. Mr. Williams noted a typographical error in Special Con- dition No. 3 which should read "22 ft. wide raised center median" and "12 ft. public parkway". He also noted that an additional sentence should be included in Special September 27, 1979 Page 3 MINUTES REGULAR CITY COUNCIL MEETING J; * * * V i n i� i� V J; V iV -' i� i�� i� i�� V J; J, �n� V J` .. iti � 'C iC � '.�C �� .. � �` � V iC .. . n VII. PUBLIC HEARINGS (Continued) B. (Continued) Condition No. 9: "The City Council shall, as part of each final Tract Map approval, evaluate the matter of whether or not to require the fire station site". Mr. Dave Ortegel, Fire Marshal, addressed Council stating that the initial concern was that this was not within the normal 5-minute response time area. However, this property was also in correlation with the General Plan as a prime location for a fire station site. The mitigating factor would be at this time to allow the beginning of the develop- ment and sometime down the road, he would have to advise the Council of whether or not this remains a prime location or whether another site, based upon further development, would be better. Response time from Indian Wells' new fire station and the Bermuda Dunes station was discussed, and it was determined that neither could accomplish the 5-minute response time. Mayor Mullins invited input in FAVOR of the project. MR. STEVE FLESHMAN, 74-075 El Paseo, Palm Desert, addressed the Council on behalf of the applicant. He stated that the developer was in full accordance with all conditions. He stated that this project offered the lowest density of any project in the entire valley, with 70% open space. He stated too that they were very conscious of the need for a fire station in this area, and they felt it important for them to commit to a site. Mayor Mullins invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-113 as amended. Motion carried on a 4-1 vote, with Councilman Newbrander voting NO. Councilman Newbrander explained her NO vote by stating that the density sounded good, but she did not like to see another big develop- ment and golf course that takes so much water. D. CASE NO. TT 13581 - CHACAHUALA, LTD, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A 1-YEAR t;x'1'±N5ION OF TIME ON THE APPROVAL OF A TENTATIVE TRACT MAP TO CREATE A 118-LOT SUBDIVISION TO PROVIDE FOR 117 CONDOMINIUM UNITS AND COMMON OPEN SPACE ON APPROXIMATELY 38.6 ACRES, SOUTH OF HOMESTEAD, BETWEEN ALAMO AND ARROW TRAIL. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams reviewed the report stating that as part of the review, all conditions had been looked at and found to be appropriate as adopted in 1978. Staff recommended approval of the request by Resolution No. 79-114. Mayor Mullins invited input in FAVOR of the request. MR. HUNTER GREENBERG, applicant, addressed Council requesting the extension. MR. GENE SCOTHORN, 127 Second Street, Los Altos, stated it was their intention to proceed with the project as soon as possible. ,September 27, 1979 Page 4 MINUTES REGULAR CITY COUNCIL MEETING * * * i� * iC * * * * * * * * is * * * * * * * * * * iV * is VII. PUBLIC HEARINGS (Continued) D. (Continued) Mayor Mullins invited input in OPPOSITION to the request, 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. 79-114. Motion carried unanimously. E. CASE NO. TT 13236 - CLIFF SWANSON, ET AL, APPLICANT: CON- SIDERATION OF A REQUEST FOR APPROVAL OF A 1-YEAR EXTENSION OF TIME FOR A TENTATIVE TRACT MAP TO CREATE A 40-LOT INDUSTRIAL SUBDIVISION ON APPROXIMATELY 29 ACRES, LOCATED ON THE EAST SIDE OF COOK STREET, NORTHERLY OF THE WHITE - WATER CHANNEL. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams reviewed the report and stated that the applicant is prepared to sign the Final Map, but because of engineering problems, he has asked for an extension. The conditions of approval as adopted in the Tentative Tract Map approval are still in force. Staff recommended approval of the request by Resolution No. 79-115. Mayor Mullins invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-115. Motion carried unani- mously. F. CASE NO. TRACT 13881 (AMENDMENT) - DAME-DOTY DEVELOPMENT CO., APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF AN AMENDMENT TO A TRACT MAP WHICH PERMITS 653 DWELLING UNITS TO ALLOW A DRIVEWAY ACCESS TO THE RECREATIONAL VEHICLE STORAGE AREA ON PORTOLA AVENUE ON APPROXIMATELY 238 ACRES. LOCATED ON THE WEST SIDE OF PORTOLA AVENUE AND NORTHERLY OF THE WHITEWATER CHANNEL. Mayor Mullins declared the Public Hearing open and called for Staff's report. Mr. Williams reported that at the time the Tentative Tract Map was approved in April of 1979, Standard Con- dition No. 4 only allowed access rights on Portola Avenue for the main entry and one emergency access. The recrea- tional vehicle storage area was originally shown on the plan at the extreme southeast corner of the site. As such, Standard Condition No. 4 should be amended to include this driveway. Mayor Mullins invited input either FOR or AGAINST the request. MR. ALLEN PERRIERE, 225 S. Civic Center Drive, Palm Springs, addressed Council on behalf of Mr. Kapp Homme who owns 7 lots in Monterey Country Club, easterly and adjacent to this project. He is concerned about the entire project and felt since it was being discussed at this meeting, this would be a good time to review his concerns. Mr. Perriere stated that he had visited the property in question that day and there is a significant change in the grade in Portola. He felt there had been some sort of mistake in the engineering in Portola and perhaps it was tied in with the grading of the Chaparral Project. He went on to state that the grade level of the Chaparral Project was between 3-4 feet higher than September 27, 1979 Page 5 MINUTES REGULAR CITY COUNCIL MEETING ,* * * _l. * * * a * n * * X '* * * i:' * * is * n is* * * * n :f * * * * rC ., is* * VII. PUBLIC HEARINGS (Continued) F. (Continued) the adjacent Monterey Country Club. He stated also that there seemed to be an effort to direct waters coming from the Monterey Country Club project northerly rather than southerly along the natural grade of the land. He reviewed the present drainage of the Monterey Country Club, pointing out that because of the new grade of Portola, there was now a real problem in that the water meets Portola and has no where to go and thus just stands there. He suggested that Council review the situation at this time and get further input because it seems that this might be the kind of thing that would warrant recall of the grading permit. MR. 0. R. HOMME, 261 Cordoba, addressed Council expressing concern about the drainage from his property and the fact that the water reaches Portola and just stands. He stated that it seemed wrong that something that was established could be destroyed for something new. He requested that Council take a look at it before the project was allowed to continue. MR. RICHARD DOTY, Chaparral Country Club, stated that their project went through the public hearing process; their engineers reviewed the grading to the north. They processed their grading in accordance with Mr. Beebe's office, and they have a permit. 0ne of the conditions of approval of his project was improvement of Portola to Hovely Lane. Mr. Beebe's office came up with all the specifications and their engineerings, along with the City engineers, had done the best job in designing Portola as could be done. Mayor Mullins declared the Public Hearing closed. Mr. Williams stated that he was not an engineer but standing on that site, it appeared to be something wrong and unless there was some modification on the Homme property, the emergency accesss would be down in the ground by 4 ft. He stated that he had spoken with Jack Campbell of the Public Works Department after their meeting on the project site, and it was Mr. Campbell's statement that he did not know what Mr. Beebe had in mind; thus the problem could not be resolved until Mr. Beebe returned from vacation. Mr. Bouman expressed concern that there might be a traffic accident hazard depending upon the location of the driveway. He felt that a traffic engineering investigation was neces- sary which could be conducted before the next meeting of the City Council with appropriate report to the Council at that time Councilman Wilson moved and Councilman McPherson seconded to reopen the Public Hearing and continue the matter to the meeting of October 11, 1979, asking Staff for a full report. Motion carried unanimously. Councilman Brush moved and Councilman Wilson seconded to direct Staff to investigatethe questions raised relative to grading and drainage of the project and report to Council and further, Staff be authorized to stop work on the project if necessary. Motion carried unanimously. r September 27, 1979 Page 6 MINUTES REGULAR CITY COUNCIL* * �_.yLTING * * :: :; 4: ;c ;'c :; * * * * * * * * * * * * * * * * * * * * * 1 VIII. RESOLUTIONS A. RESOLUTION NO. 79-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 79-68, AND THUS AUTHORIZING AND AGREEING TO FURNISH GROUP HEALTH, DENTAL, AND LIFE INSURANCE COVERAGE WITH BLUE CROSS OF SOUTHERN CALIFORNIA AND PHOENIX MUTUAL INSURANCE COMPANIES AND GROUP VISION INSURANCE COVERAGE WITH VISION SERVICE PLAN. Mr. Bouman stated that this request stems from a local collapse of the Mission Dental Health Plan in that there had been a falling out between the carrier and the dentist. This resolution would take about the only avenue open to us which is to transfer the coverage to Blue Cross which they are willing to accept. Through the good graces of Dr. McLachlan, we can still avail ourselves of his services at the old contractual rates. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 79-118. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 213 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.30.230D AND 25.58.310 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO THE MAXIMUM BUILDING HEIGHT AND PARKING REQUIREMENTS FOR REGIONAL COMMERCIAL CENTERS. CASE NO. ZOA 03-79. Mr. Bouman stated that there had been no further input since first reading of the ordinance, and Staff would recommend approval of adoption. However, he stated that he would like to reserve some judgement concerning not necessarily the number of parking spaces, but the size of parking spaces. There is always concern about vast areas of pavement, and in this time of energy crisis, the size of vehicles is changing, and parking spaces may not need to be 9 ft. by 12 ft. He stated that Staff would investigate what other agencies are doing in this regard and report to Council for possible modification of Municipal Code. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 213. Motion carried on a 4-0-1 vote with Councilman McPherson abstaining. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None September 27, 1979 Page 7 MINUTES REGULAR CITY COUNCIL MEETING * * is :': * * * * :�: '`.: * ':f * ':' :f '`.f * * * * :: :c * * :': :. :: :: * :: is * XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman McPherson inquired as to the status of the Flood Assessment District Study. Mr. Bouman replied that Mr. Mac Brown's 30-day time limit was almost up, and Council could expect a report from him at the Study Session of October 4th. Councilman McPherson pointed out the condition of Monterey Avenue in the 700' strip that is so far undeveloped and thus has no curbs and gutters and is not as wide as the rest of the street. He asked if the owner of the property could not be required to widen it and install the curb and gutter. Staff was directed to investigate the possibility of requiring the two property owners under the 1911 Act or other ways to install the necessary improvements. Mayor Mullins asked that everyone note the Future Meetings listed on the Agenda noting that the Planning Commission Meeting of October 4th would be held at the George Washington School rather than Council Chambers. XVI. ADJOURNMENT Councilman Brush and Councilman Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 9:00 p.m. ATTEST: SHEILA R. GILLIGAN, Y CLERK CITY OF PALM DESER ALIFORNIA LINS, MAYOR br cPHERSON, MAYOR PRO-TEM -September 27, 1979 Page 8