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Home My WebLink About1979-10-11MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 11, 1979 CITY HALL COUNCIL CHAMBERS .. .. .. n A A .� .. iC iC is is is n iC is * n .� i. * ** iC is*is �C is * .. is* :: is is i� is is l I CALL TO ORDER Mayor Pro-Tempore James E. McPherson called the Regular Meeting of the Palm Desert City Council to order at 7:10 p.m. on Thursday, October 11, 1979, in City Hall Council Chambers. PLEDGE - Mayor Pro-Tempore James E. McPherson INVOCATION - Councilman Alexis Newbrander ROLL CALL Present: Excused Absence: Councilman Noel J. Councilman Alexis Councilman S. Roy Mayor Pro-Tempore Also Present: Brush D. Newbrander Wilson James E. McPherson Mayor Edward D. Mullins Martin J. Bouman, City Manager ,David J. Erwin, City Attorney yaul A. Williams, Director of Environmental Services L. Clyde Beebe, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Palm Desert City Council of September 27, 1979. Rec: Approve as presented. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-025, 80-031, and 80-032. Rec: Approve as presented. C. STATEMENTS OF CASH TRANSACTIONS FOR MONTHS OF AUGUST AND SEPTEMBER, 1979. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By MARRAKESH GOLF CLUB, 47-001 Portola Avenue, Palm Desert, California. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Carl D. DAME for Chaparral Country Club, 41-755 Portola Avenue, Palm Desert, California. Rec: Receive and file. October 11, 1979 Page 1 MINUTES REGULAR CITY COUNCIL MEETING is * is * * is -': i': ;': * * ;': * is *: ;': ;': ;': ;': ,. ,. '': i': i': is ,. '': ;': _': ,. „ VI. CONSENT CALENDAR (Continued) F. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS For A One -Ton Flatbed Utility Truck. Rec: Approve the request and authorize the City Clerk to call for bids. G. REQUEST FOR FINAL APPROVAL OF PARCEL MAP 14647. Rec: Waive further reading and adopt Resolution No. 79-119. Councilman Brush moved and Councilman Wilson seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. PUBLIC HEARINGS A. CASE NO. TRACT 13881 (AMENDMENT) - DAME-DOTY DEVELOPMENT CO., APPLICANT: CONSIDERATION OF A xIquIST 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. (Continued from Meeting of September 27, 1979.) Mr. Bouman reported that this item had been continued because of concerns to be satisfied as to the traffic safety features of the driveway access. Since that meeting, the Director of Public Works and Mr. Bouman had met on the site with the applicant. The applicant has offered a choice of one or two locations or both as access point for this storage area. The northerly site had been selected or the one closer to the bottom of the Whitewater Channel. As a result of this decision, Staff was satisfied that there would not be any serious problem with granting the appli- cant's request. Councilman Brush asked if Staff was in the process of resolving the other problems which had arisen. Mr. Bouman responded that the other problems were not directly related to this item but involved the tract immediately adjacent to this one. He advised that Staff had been in constant discussions with both the applicant and the other affected parties, Monterey Country Club and Mr. Homme. The matter of grading is almost resolved. In fact, as of that date, it seemed that all parties were in agreement. The drainage problem is close to solution also in that the drainage of the property will be carried under Portola in drain pipes and will be done by Monterey Country Club. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the request. Mr. Richard Doty, 43 Barcelona, Rancho Mirage, addressed Council as the applicant and stated that he concurred with the findings of the City Manager and thanked him for his assistance in resolving the problems. Mayor Pro-Tem McPherson 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. 79-116. Motion carried on a 3-1-1 vote with Councilman Newbrander voting "No" and Mayor Mullins absent. October 11, 1979 Page 2 1 MINUTES REGULAR CITY COUNCIL MEETING VII. PUBLIC HEARINGS (Continued) B. CASE NO. CZ 07-79 AND TT 14999 - WESTSIDE ENTERPRISES, LTD. APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-1, 10,000 TO R-2, 8000, AND A 38 LOT RESIDENTIAL TENTATIVE TRACT MAP, ALLOWING 36 RESIDENTIAL LOTS ON APPROXIMATELY 11.1 GROSS ACRES LOCATED BETWEEN SKYWARD WAY AND HOMESTEAD ROAD AND BOUNDED ON THE EAST BY ARROW TRAIL (CHIA ROAD). Mr. Williams reviewed the Staff Report and stated that the Planning Commission's primary concern dealt with the reduction of lot size. However, it was explained that the same maximum number of lots allowed under R-1 were being provided, and the smaller lots allow for a common recrea- tional area. He reviewed the special conditions as recom- mended by the Planning Commission. Councilman McPherson asked who would be responsible for maintaining the landscaping until all of the lots were sold and a homeowners association formed. Mr. Williams responded that the developer would be. Councilman Brush stated that the Staff Report had indicated the Commission's concern for setback of the wall on Skyward Way, and he asked why that concern had not been extended to the wall to be built on Barbery Lane and Bel Air Road. It was pointed out that the plans called for a 15' to 20' set- back for the wall on those streets, but it had not been made a condition. Mr. Williams advised that the Fire Marshal wanted access on Bel Air Road as the response time from Mesa View would be much greater. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the project. Mr. Steve Fleshman, 74-075 El Paseo, Palm Desert, addressed Council on behalf of the applicant. He stated that this project would be of high quality; many of the drainage problems existing in the area now would be resolved by their development; homes would range from between 1,800 sq. ft. to 2,400 sq. ft. He pointed out that this will be single-family residences and that the purpose for requesting a Change of Zone to R-2 was that R-1 did not allow for common lots for the proposed recreational area. The smallest lot would be 8,700 sq. ft. with the average lot size being 9,700 sq. ft. Mr. Fleshman concluded by stating that they would be willing to accept the condition to include increased wall setback on Barbery Lane and Bel Air Road. He also pointed out that the Fire Marshal had agreed the the access could be on Arrow Trail on an existing drainage easement instead of opening the project on the other side. Mayor Pro-Tem McPherson invited input in OPPOSITION to the project. Ms. Jeanne Michaels, Highway 111, inquired to the size of the homes and was told they would range from 1,800 to 2,400 sq. ft. Mayor Pro-Tem McPherson declared the Public Hearing closed. October 11, 1979 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * J: i�: ��' JC i�: i�C�: ten' i i i�: i�: i�: '�C is i. .. i�: i�C i�: i. is n L * i�: i. i� �: ��: i. i �: J C i. . * i 'C '� `C . . i 'C ri VII. PUBLIC HEARINGS (Continued) B. (Continued) Councilman Newbrander stated that this constituted more building on the south side, and she thought that Council should have some kind of moratorium on building in the flood plane until the flood problem is resolved. Councilman Wilson stated that he had been watching this property since it was first proposed as a retired teachers' development. As much as he liked to see vacant lands, this was the best approach he had seen, plus it would solve the drainage problems. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-121. Motion carried on a 3-1-1 vote with Councilman Newbrander voting "No" and Mayor Mullins absent. Councilman Brush asked if the increased setback for Barbery Lane and Bel Air Road would be taken care of. City Attorney Dave Erwin pointed out that the Resolution had been adopted without this amendment being included, and if Council wished to so amend Special Condition No. 7, they would have to do so by motion. Councilman Brush moved that the last sentence of Special Condition No. 7 of Resolution No. 79-121 be amended to read: "The wall along Skyward Way, Barbery Lane, and Bel Air Road shall have an increased setback with ornamental landscaping provided between it and the public parkway". Councilman Wilson seconded the motion. Motion carried on a 3-1-1 vote with Councilman Newbrander voting "No" and Mayor Mullins absent. Councilman Wilson moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 214 to second reading. Motion carried on a 3-1-1 vote with Councilman Newbrander voting "No" and Mayor Mullins absent. C. CASE NO. ZOA 04-79 - CITY OF PALM DESERT, APPLICANT: CON- SIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATIVE TO THE STORAGE OF RECREATIONAL VEHICLES (SECTIONS 25.58.070 AND 25.96.040). Mr. Williams reported that this was an amendment to the Zoning Ordinance resulting from lack of clarification with regards to storage of recreational vehicles on private property. The Planning Commission has sug- gested that the present ordinance be rewritten to provide for screening of recreational vehicles if they are not used as part of normal family activities. They cannot be parked for longer than 74 hours on a public street. It was also suggested that this be applicable to private properties only which is the intent of the ordinance as it was originally passed. Mayor Pro-Tem McPherson declared the Public Hearing open and invited input in FAVOR of the amendment. None was offered. He invited input in OPPOSITION to the amendment, and the following was offered: MRS. RUBY DAMAREL, 470846 Silver Spur Trail, Palm Desert, stated that she was forced to store her RV when others were not. She also pointed out that there were no places in town to store them. MR. DON THOMPSON, 74-090 DeAnza Way, Palm Desert, stated he felt his constitutional rights be being infringed upon by being told what he could have on his property. October 11, 1979 Page 4 MINUTES REGULAR CITY COUNCIL MEETING '. is .. :: .. * :: i' .. .. is n * i. is .. .. :': '': i. * * :: * * * :: VII. PUBLIC HEARINGS (Continued) C. (Continued) MS. PAULETTE BAIRD, 44-540 Santa Margarita, Palm Desert, stating that the City had been "bugging" them, and her RV was not bothering anyone. Councilman Wilson, at this point, asked the audience if they were aware that this amendment would allow residents to keep their RV's on their property where the present ordinance prohibits it. MR. JACK DAMAREL, 47-946 Silver Spur Trail, Palm Desert, stated that he did not wish to keep his RV on his property and that they did not use it for transportation. However, storage cost upwards of $300 per year which he felt was prohibitive. Mayor Pro-Tem McPherson declared the Public Hearing closed. Councilman Newbrander moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 215 to second reading. Motion carried on a 4-0-1 vote with Mayor Mullins being absent. VIII. RESOLUTIONS A. RESOLUTION NO. 79-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CON- TIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE MUNICIPAL ORGANIZATION ACT OF 1977, WHICH PROCEEDINGS ARE DESIGNATED AS ANNEXATION NO. 9. Mr. Williams advised that this was the final step in annexing property located at the northeast corner of Country Club Drive. LAFCO had reviewed the request at their meeting of September 13th and had unanimously approved it, making the City the conducting authority and giving authorization to proceed without further hearing. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 79-122. Motion carried on a 4-0-1 vote with Mayor Mullins being absent. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 216 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.16 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO NEW CONSTRUCTION TAX (RESIDENTIAL ZONES, TRAILER SPACES, AND OTHER CONSTRUCTION). Mr. Williams reviewed the Staff Report stating that the justification for the increase in the New Construction Tax was based on the fact that Palm Desert has one of the lowest rates in the Valley; costs have risen signi- ficantly since 1974 when the New Construction Tax was established; and a substantial level of development has occurred in the last three years and is expected in the next two years, putting the City in the position of providing major facilities well before the previously expected time. He reviewed the various other rates in the Valley as well as the revenues collected by the City of Palm Desert since 1974. Councilman Wilson suggested that a review of our Construction Tax be an annual occurrence so that we don't wait four years to update it again. 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Tsgp is 1T uo lzodaz pus quads 2uzaq ATTsngou sT Lauom aqp room MaTAaz oa `a uz aqq SuTMaTAaz se auiza emus aqq au `uapT pooS (panuTquo0) 9TZ -ON g0NVNIQ2iO •y (panuT uo0) uoTaonpozqul zod - saomvmIThO 'XI ONIS.HaN 'IIDNf OD AII0 IlVinDTd S2 S1NIw MINUTES REGULAR CITY COUNCIL MEETING is is '': * _: is is �': �: �': i': i': i': i': �: i'� J: is .: :: .. :: i': .. i': i': i'C .. i': :: .. .. . r. is .. .. .. XIV. ORAL COMMUNICATIONS (Continued) Mr. Erwin, City Attorney, advised that this project would have to go through the legal bidding process with proper advertising and notifiation, etc., with award to the low bidder if it were to be done. He also advised that the City would have to investigate whether or not the easement was accepted for flood control when it was accepted by the County. Councilman Wilson suggested that the Public Works Director look at the plans submitted and compare it with the plans the City has and then discuss the matter with the Water District. If it is a much better plan, then it might be worthwhile to invest the extra money. Staff was so directed. MRS. JEAN SALVA, 43-780 Joshua Road, Palm Desert, addressed Council in support of Mr. Stone and stating that she too had suffered damage as a result of the overflow of this ditch. XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman advised that bids had been received for the project to resurface various streets in the City, and the bids ranged from a low of $67,000 to a high of $94,000. He stated that he would like to request Council to take action which would authorize the Mayor and City Clerk to enter into the contract with Massey Sand and Rock Company, low bidder for Contract No. 1027. Councilman Wilson moved and Councilman Brush seconded to award Contract No. 1027 to Massey Sand and Rock Company and authorize the Mayor and City Clerk to execute same. Motion carried unanimously with the members present. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Pro-Tem McPherson asked the progress on the Portola Fire Station. Mr. Williams responded that Staff was in the process of getting the plans from the architect for presen- tation to the Council with a request to call for bids. Mayor Pro-Tem McPherson asked that everyone note the Future Meetings listed on the Agenda. XVI. ADJOURNMENT Councilman Brush moved and Councilman Wilson se onded to adjourn the meeting. Motion carried unanimously with t e; embers present. Mayor Pro-Tem McPherson adjourned the meetinL at ::45 p.m. ATTEST: SHEILA R. GIL GAN, CITYrLERK CITY OF PALM DESERT, CALIFORNIA JAMES E. McP ERSON, MAYOR PRO-TEMPORE October 11, 1979 Page 7