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HomeMy WebLinkAbout1981-03-26MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 26, 1981 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k I. CALL TO ORDER Mayor Wilson called the Regular City Council Meeting to order at 7:10 p.m. on Thursday, March 26, 1981, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tem James E. McPherson III. INVOCATION - Councilman Alexis D. Newbrander IV. ROLL CALL Members Present: Mayor Pro-Tem James E. McPherson Councilman Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Ray Diaz, Director of Environmental Services Barry McClellan, Director of Public Works James Hill, Director of Building and Safety V. AWARDS, PRESENTATIONS AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of the City of Palm Desert of March 12, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 81-084, 81-091 and 81-092. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF FEBRUARY, 1981. Rec: Receive and File. D. MINUTES OF THE BUILDING BOARD OF APPEALS AND CONDEMNATION MEETING of March 12, 1981. Rec: Receive and File. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By The Southland Corporation for 7-Eleven Store, 73-800 Highway 111, Palm Desert. Rec: Receive and File. March 26, 1981 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * * * * * :ti :ti * * * * * * * * * * * * * * * * * * * * * :: * * * * * * VI. CONSENT CALENDAR (Continued) F. RESOLUTION NO. 81-45 - 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 AND SAFETY THAT HAVE BEEN MICROFILMED. Pec: Waive further reading and adopt. G. RESOLUTION NO. 81-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING ASSEMBLY BILL NO. 591 AS INTRODUCED BY ASSEMBLYMAN COSTA. Rec: Waive further reading and adopt. H. PETITION FROM PALM DESERT PROPERTY OWNERS ASSOCIATION Requesting the City's Formation of an Assessment District to Finance Curb and Gutters on Pitahaya Street - Unit 9. Rec: Refer to Staff for Processing of the Formation of an Assessment District. I. REQUEST FOR RELEASE OF BONDS FOR TRACT NO. 11791, McBAIL CO. Rec: Accept the Work as complete and authorize the City Clerk to release the bonds and accept a Maintenance Bond. Councilman Newbrander moved and Councilman Puluqi seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. ORAL COMMUNICATIONS - A MR. WILLIAM SHIELDS, 3715 Ocatillo Court, Palm Desert, addressed the Council, stating that he is in disagreement with staff on City -imposed requirements for off -site improvements to his property on Sun Corral and Sun Lane. After much discussion, staff was di- rected to prepare a report for presentation to Council at the meeting of April 9, 1981. VIII. PUBLIC HEARINGS A. CASE NO. GPA 01-80, CITY OF PALM DESERT, APPLICANT: CONSIDERATION OF CERTIFICATION OF ENVIRONMENTAL IMPACT REPORTS AND APPROVAL OF GENERAL PLAN UPDATE FOR THE CITY OF PALM DESERT. (Continued from meeting of March 12, 1981.) Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the Staff Report (on file and of record in the City Clerk's Department), noting that additional cor- respondence had been received in favor of General Commercial zoning, in particular, a telegram from a property owner of 17.5 acres at southwest corner of Highway 111 and Avenue 44, to permit development of property for mixture benefit of the City and the area. He reviewed the recommendation and suggested if, after discussion, Council wanted to make any major changes, the recommendation would be to refer back to the Planning Commission. Mayor Wilson invited input from the audience. MR. BERNARD SOLOMON, 73-185 Irontree Drive, Palm Desert, reviewed their plans for development at Deep Canyon and Highway 111, to include a 203 room hotel, which would support a con- vention center, a quality restaurant, and condomoniums which would qualify for bed tax for the City if occupied less than 30 days. He stressed the importance of developing the type of business which would bring in much -needed revenue for the City. March 26, 1981 Page 2 MINUTES REGULAR CITY COUNCIL MEETING 1 VIII PUBLIC HEARINGS (Continued) MR. JOSEPH E. RAPKIN, 37-700 Duval Road, Rancho Mirage, noted uses permitted in Resort Commercial Zoning include retail type development. He urged the Council to consider the possibility of a supermarket as a lead store. MR. JIM WOODS, 6615 E. Pacific Coast Highway, Suite 215, Long Beach, addressed the Resort Commercial Zoning, re- questing a roll back of zoning on the 171/2 acre parcel at the intersection of Highway 111 and Avenue 44 to Core Commercial as before the General Plan Amendment of 1975, or to rezone to District or Regional Commercial to at least have the property taken out of the approval process and re- ferred back to staff for re-evaluation. JERRY HENDRICKS, Ron Martin Associates, 74-335 Candlewood, Palm Desert, addressed Council to make them aware of Mr. Charles Gibbs' desire to have the area around the Industrial Park and Sand Dune Park made available for affordable or subsidized housing. MR. AL GRAZIOLI, Coldwell Banker, 533 Fremont, L.A. 90071, representing owners of the property at the intersection of Highway 111 and Avenue 44, stated their desire to have the property rolled back to more core commercial zoning which would be more flexible for development that would enhance tax revenues for the City. There being no further input, Mayor Wilson invited comments from the Council. Councilman Newbrander stated she was in favor of retaining Resort Commercial zoning for the present and that a super- market was her main point of objection. She favored the Sand Dune Park being designated as Open Space to preserve the land there is left. Mayor Pro-Tem McPherson stated he had no disagreement with staff's recommendation. He favored General Commercial De- signation, noting that a PC-4 Designation would be restrictive. Councilman Snyder reviewed the General Plan process, noting that all changes have been made in conformance with the desires of the people - restrictions to protect the property and the viability to become what the people want the City to be. He stated he was in agreement with staff's recommendation. Councilman Puluqi stated he favored the PC-4 Designation and Open Space or Park Designation. Noting that 85% of the land along Highway 111 is commercial, he stated he is not willing to sacrifice more open land to commercial. Mayor Wilson supported most of the staff's recommendations, but stated he had a philosophical difference with PC-4 De- signation which would be more restrictive. He concurred with staff and Councilmembers that he favored Open Space Designa- tion for Sand Dune Park and Date Palm Preserve, but that he would like all parks included in this designation. He also agreed with staff's ideas on Energy Conservation, suggesting in the future staff be asked to study ways for enforcement with new construction. Councilman Snyder moved to waive further reading and adopt Resolution No. 81-39, certifying Environmental Impact Reports. Councilman Newbrander seconded. Motion carried unanimously. March 26, 1981 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;': * * * * * * * VIII. PUBLIC HEARINGS (Continued) Dave Erwin explained the process required if any changes were to be made would be to submit back to the Planning Commission for further comment. Mr. Diaz requested a consensus of opinion as to what matters should be 'referred back to the Planning Commission. Councilman Puluqi moved and Councilman Newbrander seconded to retain the entire site as PC-4, with clarification of the corner lot at Highway 111 and Deep Canyon. Motion carried on a 3-2 vote, with Council- men McPherson and Snyder voting NO. Councilman McPherson moved to refer back to the Planning Commission the issues of Dual Designation for Date Palm Preserve and Sand Dune Park, and to re-examine the issue of the Resort Commercial Land Use Designation, to be continued for decision at the meeting of April 9, 1981. Councilman Puluqi seconded. Motion carried unanimously. B. CASE NO. TT 13881, DAME' CONSTRUCTION COMPANY, APPLICANT: Consideration of a Request for Approval of a Tentative Sub- division Map (Phases III and IV of an expired Tentative Tract Map) to allow 294 dwelling units on approximately 111 acres within the PR-5 (Planned Residential, maximum 5 d.u./ac.) zone located on the west side of Portola Avenue and north of the Whitewater Storm Channel. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz stated the applicant had requested continuance of this item to the meeting of April 9, 1981. MR. IRVING LUBE, Dame' Construction, stated they had asked for a continuance to resolve some differences regarding Phases 3 and 4. Mayor Pro-Tem McPherson moved to continue Case No. TT 13881 to the meeting of April 9, 1981. Councilman Newbrander seconded. Motion carried unanimously. C. CASE NO. TT 17487, DON TRIVETT, APPLICANT: Consideration of a Request for Approval of a Tentative Tract Map to allow the conversion of six existing apartments to condominiums, within the R-3 13,000 (3) (Multifamily Residential 13,000 sq. ft. minimum lot size, one unit per 3,000 sq. ft. of lot area) zone located on the south side of Shadow Mountain Drive 50 feet west of Lupine Lane. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz stated the applicant was in agreement and recommended approval by adopting Resolution No. 81-48. Mayor Wilson invited input. Councilman Snyder questioned if there would be covered garages, and if this conversion would be displacing people. Mr. Diaz stated the applicant would be providing additional parking to meet the requirements for covered and guest parking. MR. ED YEAGER, Wagner -Stanford, 74-075 El Paseo, Palm Desert stated the applicant, Mr. Trivett, understood all conditions which were acceptable to him and requested Council's approval. Mr. Diaz stated all tenants have been notified. March 26, 1981 Page 4 MINUTES REGULAR CITY COUNCIL MEETING .. .. * * * * * * is ;': n' * * 9: * * * * * * ;: * * ;': * * * * 'n VIII. PUBLIC HEARINGS (Continued) Mayor Wilson invited further input. There being none, he de- clared the Public Hearing Closed. Mayor Pro-Tem McPherson moved to waive further reading and adopt Resolution No. 81-48. Councilman Puluqi seconded. Motion carried on a 4-1 vote, with Councilman Newbrander voting NO. Councilman Newbrander stated she is against conversions because there are so many condomoniums in the area and not enough apart- ments. D. CASE NO. SNC-4, CITY OF PALM DESERT, APPLICANT: Consideration of two street name changes in Tract 13008 from Rimview Lane to Theodora Lane and from Ocotillo Drive to Opal Drive, generally located east of Highway 74, south of Homestead Road, north of Mesa View Drive and east of Prairie Drive. Mayor Wilson declared the Public Hearing Open and asked for staff's report. Mr. Diaz presented the staff report, noting that there is another street in the area named Ocotillo so this one could be confusing. He noted these changes were at the request of the developer. Mayor Wilson 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. Mayor Pro-Tem McPherson moved to waive further reading and adopt Resolution No. 81-49. Councilman Snyder seconded. Motion carried unan- imously. E. CASE NO. ZOA 01-81, CITY OF PALM DESERT, APPLICANT: Consideration of an amendment to Municipal Code, Chapter 25.66 Regarding the Regulation of Home Occupations. Mayor Wilson declared the Public Hearing Open and asked for staff's report. Mr. Diaz stated that due to problems with the previously approved zoning ordinance, this amendment would provide more precise definitions and greater control over activities involved in Home Occupations. He recommended Ordinance No. 253 be passed to second reading. Councilman Snyder questioned if there would be any grandfather rights. Mr. Erwin stated this would have to be handled on a case by case basis. Mayor Wilson invited input in FAVOR and none was offered. He invited input in OPPOSITION and none was offered. He declared the Public Hearing Closed. Councilman Newbrander moved to waive further reading and pass Ordinance No. 253 to second reading. Councilman Snyder seconded. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 81-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ALTERNATE METHOD OF "FIRE PROTECTION" FOR ZERO LOT LINE CONSTRUCTION WHERE FEE -SIMPLE OWNERSHIP OF ADJACENT LOT IS INVOLVED. Mr. Bouman stated this concerns the findings of the Building Board of Appeals and Condemnation regarding Firewall con struction and referred the matter to Mr. Hill. March 26, 1981 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * .. .. * * .• :: .. * * * :'C * * :C ': * .: .. .. is * * * * * * . * .•* IX. RESOLUTIONS (Continued) Mr. Hill stated this would be a variance of the Building Code, approved by the Building Board of Appeals and Condemna- tion, to get more fire protection and provide economic feasibility for the builders. He noted the construction change meets the intent of the Uniform Building Code. Mayor Pro-Tem McPherson moved and Councilman Snyder seconded to waive further reading and adopt Resolution No. 81-50. Motion carried unanimously. B. RESOLUTION NO. 81-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING CONSIDERATION OF LOCAL FLOOD PROBLEMS BY THE COUNTY OF RIVERSIDE WITH REGARD TO THE RANCHO BELLA VISTA DEVELOPMENT. (Continued from meeting of March 12, 1981) Mr. Bouman stated this resolution was continued from the meeting of March 12 to work out differences as the applicant felt its passage could be damaging to his presentation to the County at their Hearing. These differences have not been re- solved. He noted the Hearing would be April 8, before another City Council meeting and recommended adoption of Resolution 81-41. MR. JOHN MILRANEY, 2460 Rutledge, Palm Desert, Public Relations for Rancho Bella Vista, stated his concerns about what they considered "unworkable conditions" imposed upon them, and felt these conditions would force the developer to withdraw to the County. Mr. Bouman stated this matter had been approached with an open mind and that it would be an unfounded fear on the part of the developer that this resolution might kill the project. Mayor Pro-Tem McPherson agreed that something official, like a resolution, should go to the County voicing concerns. Councilman Newbrander moved to waive further reading and adopt Resolution No. 81-41. Councilman Puluqi seconded. Motion carried unani- mously. X. ORDINANCES For Introduction: None For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None March 26, 1981 Page 6 MINUTES REGULAR CITY COUNCIL MEETING * * * :c :: :': * :: * * * * ;'c * * * * * * '. * s`: * :: * * 4 * :: :: * * XIV. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR STREET IMPROVEMENTS. H.C.D. 6TH YEAR PROJECT IN THE CITY_OF PALM DESERT (CONTRACT CIO__ 1039) Mr. McClellan noted that six bids had been received. He recommended awarding the bid to Allred and Kyser Construction Company, the low bidder. Councilman Puluqi moved to award the bid to Allred and Kyser Construction Company. Mayor Pro-Tem McPherson seconded. Motion carried unanimously. XV. ORAL COMMUNICATIONS None XVI. REPORTS AND REMARKS A. CITY MANAGER RESOLUTION NO. 81-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 76-45, TO PERMIT NON-RESIDENT MEMBERS TO SERVE ON THE BUILDING BOARD OF APPEALS AND CONDEMNATION. Mr. Bouman introduced this resolution as amending Resolution No. 76-45 by changing Section D to read: "All Members of the Board shall be residents of the City or its environs, and all shall have their principal place of business within the City or its environs." He recommended approval by Resolution 81-51. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 81-51. Motion carried unani- mously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Pro-Tem McPherson noted there have been questions on the recent request for financial aid from the Volunteer Fire Department. Mayor Wilson stated that the volunteers are still needed to back up the paid fire staff and asked everyone to pass the word on. Councilman Snyder stated that he had received calls com- plaining of trucks parking in the fire lanes at the Market Basket parking lot. He recommended action be taken to stop this. Mr. Bouman responded that the fire marshall has been notified and has the authority to issue citations. Councilman Snyder noted the letter received from Mrs. Betty Oeding on Prairie Drive regarding the new development behind her. He requested a study be done by staff as to how these problems came about and what could be done to remedy them. Councilman Newbrander questioned how this would affect the flood insurance. Mayor Wilson directed staff to prepare a report for presentation at the meeting of April 9. Councilman Newbrander reported that residents of Marrakesh had commented on the good response they had received by the fire department during a recent alarm. Mayor Wilson noted the Design Review Board will be meeting at 2:00 p.m. in the future. He also noted there would be a study session at 5:00 p.m. on Thursday, April 2 in the Admin- istrative Offices. March 26, 1981 Page 7 MINUTES REGULAR CITY COUNCIL MEETING * .. :. " * is * :: :: * * * * * .. * x * * .. rC * * * * * * * * * 'n :k * .. XVII. ADJOURNMENT Councilman Snyder moved and Councilman Newbrander seconded to adjourn the meeting. Motion carried unanimously. Mayor Wilson adjourned the meeting at 9:25 p.m. ATTEST: DEL CLAUSSEN, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA /d March 26, 1981 Page 8