HomeMy WebLinkAbout1980-12-18MINUTES
ADJOURNED CITY COUNCIL MEETING
(Adjourned from December 11, 1980)
THURSDAY, DECEMBER 18, 1980
CITY HALL COUNCIL CHAMBERS
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I. CALL TO ORDER
Mayor Pro-Tem McPherson called the Adjourned Meeting of the Palm
Desert City Council to order at 7:01 p.m. on Thursday, December 18, 1980,
in City Hall Council Chambers.
II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder
III. INVOCATION
IV. ROLL CALL
Present: Excused Absence:
Councilman Alexis D. Newbrander
Councilman Romeo S. Puluqi
Councilman Walter H. Snyder
Mayor Pro-Tem James E. McPherson
Also Present:
Mayor S. Roy Wilson
Carlos L. Ortega, Assistant City Manager
David J. Erwin, City Attorney
Ramon Diaz, Director of Environmental Services
Barry McClellan, Director of Public Works
Paul E. Byers, Director of Finance
James L. Hill, Director of Building & Safety
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of November 27,
1980, and December 11, 1980.
Rec: Approve as presented.
B. MINUTES of the Adjourned City Council Meeting of December 4, 1980.
Rec: Approve as presented.
C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos.
81-053, 81-054, and 81-061.
Rec: Approve as presented.
D. CLAIM AGAINST THE CITY By Gregory Arthur Williams In The Amount
Ot $250, 000 .
Rec: Deny the Claim and instruct the City Clerk to
so advise the Claimant.
E. CLAIM AGAINST THE CITY By Daniel Bruce Ossello In The Amount
Of $2,000,000.
Rec: Deny the Claim and instruct the City Clerk to
so advise the Claimant.
December 18, 1980
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VI. CONSENT CALENDAR (Continued)
F. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS For The Purchase
Of A 3/4-Ton Utility Flatbed Truck.
Rec: Approve the request and authorize the Purchasing
Officer to advertise for bids for furnishing a
1981 3/4-ton flatbed truck for the Public Works
Department.
G. REQUEST FOR RELEASE OF MAINTENANCE BOND FOR TRACT NO. 15384,
REIMER CONSTRUCTION CO., APPLICANT.
Rec: Approve the request and authorize the City Clerk
to release the maintenance bond.
H. REQUEST FOR APPROVAL OF FINAL PARCEL MAP 16721, (EROLD J. CHAZAN
CONSTRUCTION, INC., APPLICANT.
Rec: Waive further reading and adopt Resolution No.
80-146, approving Final Parcel Map 16721.
H. REQUEST FOR FINAL ACCEPTANCE OF WORK COMPLETED ON CONTRACT 1022,
STREET IMPROVEMENT AND STORMWATER PUMPING SYSTEM FOR PALMA VIL-
LAGE UNIT NO. 10.
Rec: Accept the work as complete and authorize the City
Clerk to file a Notice of Completion for Contract
No. 1022.
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
MRS. PATRICIA DEMARBIEUX, Owner of Show -Off Hair Fashions, read
a prepared statement wherein she requested that the Council uphold
the approval of the Planning Commission which granted her a variance
for parking in her new location at 73-405 El Paseo. She stated that
she had already invested in excess of $5,000 in the new shop, doing
so prior to learning that the Council had appealed the Commission's
approval. She advised that the owner of the property where she was
currently located was also suing her to vacate. In conclusion, she
presented letters and a petition from other merchants at 73-405
El Paseo which also requested approval of her requested parking
variance (attached and made a part hereof as Exhibit "A")
Mr. Diaz stated that the variance for parking had been granted by
the Planning Commission and had subsequently been called up for
review by the Council with a hearing scheduled for January 8, 1981.
He pointed out that the ordinance called for 3 spaces per station
in the beauty salon or in this case 15 spaces. Retail space called
for one space for every 250 feet of retail space.
After discussion by the Council, Mrs. DeMarbieux was advised that
because the appeal had been filed and a hearing date scheduled,
there was little Council could do until January 8th.
MR. JACK DORAN, 74-500 Monte Verde, addressed Council as a member
of the City's Drainage Advisory Committee. He asked why the City
had abandoned the idea of getting the fire department to clean out
the storm drains under Highway 111.
Council advised that they did not know the fire department had ever
done this before and had certainly not requested them to stop. Staff
was directed to look into the matter and report to the Council.
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December 18, 1980 Page 2
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ADJOURNED CITY COUNCIL ETING
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VIII. PUBLIC HEARINGS
taken.
A. CASE NOS. TT 15734 & 15735, SHADOW MOUNTAIN RESORT AND RACQUET
CLUB, APPLICANT: CONSIDERATION OF A REQUEST FOR A TIME EXTEN-
SION FOR ONE (1) LOT SUBDIVISIONS FOR CO-OP PURPOSES WITHIN THE
SHADOW MOUNTAIN RESORT AND RACQUET CLUB.
Mr. Ortega reported that the applicant had withdrawn his request
for a time extension and was requesting approval of the Final Map
under another section of the Agenda.
Mayor Pro-Tem McPherson closed the Public Hearing and no action was
B. CASE NO. 16396, WATT INDUSTRIES/PALM SPRINGS, INC. AND STAN
MORSE, C.E., APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL
OF A 139-LOT TENTATIVE SUBDIVISION MAP TO ALLOW THE CONSTRUCTION
OF 128 SINGLE FAMILY ZERO LOT LINE DWELLING UNITS AND ASSOCIATED
RECREATIONAL AMENITIES ON 18.72 ACRES WITHIN THE R-2 (6), S.P.
ZONE, (SINGLE-FAMILY RESIDENTIAL, ONE UNIT PER 6,000 SQ. FT. OF
LOT AREA, SCENIC PRESERVATION OVERLAY) LOCATED AT THE NORTHEAST
INTERSECTION OF 44TH AVENUE AND THE PALM VALLEY STORM CHANNEL.
Mr. Ortega reported that he was presented a letter in Study
Session whereby the applicant requested a continuance of this
Public Hearing to the meeting of January 8, 1981.
Mayor Pro-Tem McPherson declared the Public Hearing open.
Councilman Snyder moved and Councilman Puluqi seconded to continue
the matter to the Regular Council Meeting of January 8, 1981. Motion
carried unanimously with the members present.
C. CASE NO. TT 13915, E. GEORGE MARZICOLA, APPLICANT: CONSIDERATION
OF A KtquiST FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY GRANTED
ONE-YEAR EXTENSION OF TIME TO ALLOW AN ADDITIONAL SIX MONTHS TO
RECORD THE FINAL MAP FOR A 40-LOT INDUSTRIAL SUBDIVISION ON
APPROXIMATELY 34.7 GROSS ACRES WITHIN THE S.I., S.P. ZONE
(SERVICE INDUSTRIAL DISTRICT, SCENIC PRESERVATION OVERLAY) AT
THE SOUTHEAST CORNER OF COOK STREET AND HOVLEY LANE.
Mayor Pro-Tem McPherson declared the Public Hearing open and called
on Staff for their report.
Mr. Ortega stated that this item was related to a request for
approval for Final Map under New Business.
Mr. McClellan explained that the reason for the public hearing
was to grant a time extension retroactively for a map that had
expired 4 months ago. This extension of time would then permit
the applicant's request for approval of Final Map under New
Business of the Agenda.
Mayor Pro-Tem McPherson called on the applicant for input.
MR. SCOTT SUNDELL, representing E. George Marzicola Company,
addressed the Council expressing their concurrence with the
Staff report.
Mayor Pro-Tem McPherson 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 Snyder moved and Councilman Puluqi seconded to waive
further reading and adopt Resolution No. 80-148. Motion carried unanimously
with the members present.
December 18, 1980 Page 3
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ADJOURNED CITY COUNCIL l'ETING
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IX. RESOLUTIONS
A. RESOLUTION NO. 80-149 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, GIVING NOTICE OF ITS INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINIS-
TRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF PALM DESERT.
Mr. Ortega explained that this resolution stated the City
Council's intent to amend the existing contract with PERS.
Councilman Newbrander moved and Councilman Puluqi seconded to
waive further reading and adopt Resolution No. 80-149. Motion carried
unanimously with the members present.
B. RESOLUTION NO. 80-150 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE PLACEMENT OF
THE CITY'S 1980-81 LIABILITY INSURANCE COVERAGE WITH LEWIS AND
HANNON INSURANCE COMPANY.
Mr. Ortega reported that this had been discussed at great
length in Study Session. Although the City was not required
to go through the bid process for insurance coverage, Staff
had been instructed to receive bids for identical coverage so
that a comparison could be made. Having done so, it was
Staff's recommendation that the coverage be placed with Lewis
and Hannon Insurance Company.
Although not a Public Hearing, Mayor Pro-Tem McPherson invited
Mr. W. Jack McFadyen to speak.
MR. W. JACK McFADYEN, 73-145 Island Springs Drive, Palm Desert,
addressed Council stating that his firm had given a proposal
in Study Session and that they knew they could do better as far
as dollars and cents. He felt that the business should be
given to the company with the lower bid for equal insurance
and coverage.
Councilman Puluqi stated that he had not had time to adequately
review the proposal Mr. McFadyen had brought to the Study Session,
and he felt that it was Mr. McFadyen's responsibility to get the
proper quotation to the Council.
Mayor Pro-Tem McPherson pointed out that the first bid submitted
by Mr. McFadyen had been higher than the Lewis and Hannon
coverage. Since submitting the first bid at a higher quote,
a new quotation was submitted during Study Session for $800
less. He pointed out that Lewis and Hannon had not had privy
to the quote from McFadyen.
Councilman Snyder stated that two bids had been received and that
everything was proper. He moved to waive further reading and adopt Resolu-
tion No. 80-150. Councilman Puluqi seconded the motion. Motion carried
unanimously with the members present.
C. RESOLUTION NO. 80-154 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE SOLID WASTE MANAGEMENT ACT OF 1980.
Mr. Ortega reported that the City received a small amount of
grant money each year under the Solid Waste Management Act of
1980. Our share is $2,151. Because of the small amount, it
it more economical for the City to pool with the County, thus
enabling better use of the money. He pointed out that the City
could request certain areas for the money to be spent in.
Councilman Newbrander moved and Councilman Puluqi seconded to
waive further reading and adopt Resolution No. 80-154. Motion carried
unanimously with the members present.
December 18, 1980 Page 4
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ADJOURNED CITY COUNCIL FETING
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X. ORDINANCES
For Introduction:
A. ORDINANCE NO. 238 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE WITH CERTAIN
ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS,
PROVISIONS AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES
ENTITLED, "UNIFORM BUILDING CODE, 1979 EDITION", "UNIFORM BUILDING
CODE STANDARDS, 1979 EDITION", INCLUDING ALL APPENDICE CHAPTERS,
WITH THE EXCEPTION OF APPENDICE CHAPTER 53, THEREIN CONTAINED AS
PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF
BUILDING OFFICIALS.
Mr. Ortega stated that this ordinance had been discussed at
great length in Study Session and offered further explanation
if Council so desire. The City Council felt sufficient dis-
cussion had been held.
Councilman Puluqi moved and Councilman Snyder seconded to waive
further reading and pass Ordinance No. 238 to second reading. Motion
carried unanimously with the members present.
B. ORDINANCE NO. 239 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINIS-
TRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
Mr. Ortega stated that this ordinance would amend our present
contract with PERS by adding additional benefits for the employees
while saving the City money.
Councilman Snyder moved and Councilman Puluqi seconded to waive fur -
her reading and pass Ordinance No. 239 to second reading. Motion carried
nanimously with the members present.
For Adoption:
A. ORDINANCE NO. 237 - AN ORDINANCE OF THE CITY OF PALM DESERT,
CALI1Uxiv1A, ADOPTING BY REFERENCE THAT PARTICULAR CODE DESIG-
NATED AS THE "UNIFORM ADMINISTRATIVE CODE" AS PROMULGATED BY
THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS.
Councilman Snyder moved and Councilman Newbrander seconded to
waive further reading and adopt Ordinance No. 237. Motion carried unani-
mously with the members present.
XI. CONSENT ITEMS HELD OVER
None
XII. NEW BUSINESS
A REQUEST FOR APPROVAL OF FINAL MAPS FOR TRACTS 15734 AND 15735,
SHADOW MOUNTAIN RESORT & RACQUET CLUB, APPLICANT.
Mr. Ortega stated that this item was related to the first public
hearing on the Agenda whereby the applicant withdrew his request
for a time extension and filed for approval of Final Map instead.
All requirements have been met by the applicant.
Councilman Snyder moved and Councilman Puluqi seconded to waive
further reading and adopt Resolution No. 80-151 and 80-152. Motion carried
on a 3-1-1 vote with Councilman Newbrander voting NO and Mayor Wilson ABSENT.
B. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT NO. 13915, E. GEORGE
MARZICOLA, APPLICANT.
Mr. Ortega stated that the time extension for this tract had
been granted earlier in the meeting, thus allowing the appli-
cant to file for approval of Final Map.
December 18, 1980 Page 5
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ADJOURNED CITY COUNCIL P,�.TING *
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XII. NEW BUSINESS (Continued)
B. TRACT NO. 13915 (Continued)
Councilman Snyder moved and Councilman Puluqi seconded to waive
further reading and adopt Resolution No. 80-153. Motion carried unani-
mously with the members present.
XIII. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT WITH THE HOUSING
AUTHORITY. (Continued from Meeting of November 13, 1980)
Mr. Ortega stated that this item had been continued to allow
the City Attorney to rewrite the Agreement for clarification
purposes. Councilman Snyder complimented Mr. Erwin for the
way it had been rewritten, stating that all of his concerns
had been resolved.
Councilman Snyder moved to approve the Agreement and authorize the
Mayor and City Clerk to sign after clarification of Paragrah 3 by the City
Attorney. Motion carried unanimously with the members present.
XIV. OLD BUSINESS
A. REQUEST FOR APPROVAL OF WAIVER OF DRAINAGE FEES FOR PALM DESERT
TOWN CENTER, ERNEST W. HAHN, INC., APPLICANT.
Mr. McClellan reviewed the Staff report and stated that the
applicant's engineer has submitted a study which does prove
the storm drain facility to be constructed in Highway 111
intercepts water in such a manner to serve as a master plan
facility. The developer will install a total of $544,625
worth of improvements and is therefore requesting a waiver
of the $279,328 drainage fees. He stated that it was the
recommendation of the Public Works Department that the
drainage fee be waived.
Councilman Puluqi stated he felt they were only protecting
El Paseo with the improvements. He felt also that the
improvements should be made, tested, and if satisfactory,
then the money should be refunded.
Mr. Hany Tadros, Southwestern Engineering Company, addressed
Council on behalf of the applicant. He stated that the storm
drain they would be installing on Highway 111 would not protect
the shopping center. He reviewed where the installations would
be and the areas outside of the center that would benefit from
the installations.
Councilman Snyder stated that in all fairness, and in keeping
with a precedent already set, the developer was installing
storm drain facilities equal to or greater than his drainage
fee, and he felt that the fee should be waived.
Mayor Pro-Tem McPherson pointed out that the developer was
only requesting not to have to pay twice.
Councilman Newbrander moved and Councilman Snyder seconded to
waive the drainage fees for Parcel Map 15723 for the Palm Desert Town
Center. Motion carried on a 3-1-1 vote with Councilman Puluqi voting
NO and Mayor Wilson ABSENT.
XIV. ORAL COMMUNICATIONS -B
None
December 18, 1980
Page 6
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MINUTES
ADJOURNED CITY COUNCIL N :ING
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XVI. REPORTS AND REMARKS (Continued)
A. CITY MANAGER (Continued)
6. RESOLUTION NO. 80-157 - IN SUPPORT OF A SPECIAL ELECTION
ON THE PERIPHERAL CANAL.
Mr. Ortega reported that the Council was being asked to
go on record by resolution as supporting the special
election on the peripheral canal. He stated that the
resolution would be prepared reflecting the proper
wording.
Councilman Puluqi moved and Councilman Snyder seconded to waive
further reading and adopt Resolution No. 80-157. Motion carried unani-
mously with the members present.
7. DECEMBER 26TH AND JANUARY 2ND HOLIDAYS
Mr. Ortega reported that the City employees had requested
that the City Council declare December 26th as a holiday
and also January 2nd. One day would be an extra holiday
for the employees with the second requiring them to use
either a floating holiday or their birthday.
Councilman Puluqi moved and Councilman Snyder seconded to declare
December 26th and January 2nd holidays, closing City Hall, and requiring
employees to forfeit either their floating holiday for next year or their
birthday. Motion carried unanimously with the members present.
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
Councilman Snyder asked the City Attorney if he had seen the
resolution passed by the Rancho Mirage Planning Commission
which requested the Rancho Mirage City Council to take action
abolishing all time-sharing projects in their city. Mr. Erwin
responded that he had not seen it but stated he would get a
copy for the Council.
XVII. ADJOURNMENT
Councilman Snyder moved and Councilman Pu uqi seconded to adjourn
the meeting. Motion carried unanimously with members present. Mayor
Pro-Tem McPherson adjourned the meeting at 8i"10 m.
ATTEST:
—"SHEILA R. G IGAN, CT CLERK
CITY OF PALM DESERT, C.e'ALIFORNIA
JAMES E. McPHERSON, MAYOR PRO-TEM
December 18, 1980
Page 8
El Paseo "Village" Merchants Assn.
73-425 El Paseo — Suite 21C
Palm Desert, Ca. 92260
Julie Rey, President
Richard D. Jackson, Vice Pres.
Jackie Feldman, Secy-Treas.
TO WROM IT MAY CONCERN:
December 18, 1980
Once again we have been made aware that a prospective,
legitimate and desirable business has been denied occupancy
in our Village due to city plamming rules covering reserved
parking spaces.
Contrary to popular belief, parking lots, street parking,
etc., has never been a problem onEl Paseo even during
heavy construction which is now mostly over.
We the Merchants of the El Paseo Village are anxious to
have our entire Village occupied.
My own business, Richard's Antiques, faces the parking area
and I can assure you that half the area is unoccupied at any
time of day.
We request you Please give this matter your immediate atten-
tion and careful consideration. Your co-operation at this
time and in the future will result in our offering a full
complex of distinctive shops that will enhance the desirability
of shopping in Palm Desert.
Our El Paseo Village Merchants Association was created for
the sole purpose of adveftising and promoting our Village.
Thanking you I remain,
truly p;irs,
Richard D.Vjackson, Pres.
El Paseo "Village"
Merchants Association
RDJ/dj
I.:r. :;off; Mayo_ and members of the Co_nci1:
We :;he undersicnod would like Patricia DeL arbi x,
owner of The Show -Off Eail• Fashions to assume her bussiness
as approved by the P1a::n'_n;� Conriission, at her ?proposed
location on 73 -0t El Paseo, Ste 33-B, El Paseo y'illa,7e,
Palm I'e. ert, Calif. We see no adverse impact on the exist-
__: ria_= :in:, and c _.sto::ie:'s of l:er namoci b-_t..si:-ecs
also visit the others shops and restaaran_t while on the
,ame
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