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HomeMy WebLinkAbout1980-03-13MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 13, 1980 CITY HALL COUNCIL CHAMBERS * * * ; * * * * :'f * * JC J ,t, J. * :C :f i :f :f * * 'tC I. CALL TO ORDER Mayor Mullins called the Regular Meeting of the Palm Desert Council to order at 7:12 p.m. on Thursday, March 13, 1980, in City Council Chambers. PLEDGE - Councilman S. Roy Wilson INVOCATION - Mayor Edward D. Mullins ROLL CALL Present: Councilman Noel J. Brush Councilman Alexis D. Newbrander Councilman S. Roy Wilson Mayor Edward D. Mullins Excused Absence : Mayor Pro-Tempore James E. McPherson Also Present: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS City Hall A. APPOINTMENT OF MEMBER TO THE HISTORICAL SOCIETY To Fill The Vacancy Created By The Resignation Of Mr. Hal Kapp. Mayor Mullins stated that the Historical Society had submitted the name of Mr. Clifford Henderson and Mr. Henderson was willing to serve. He so nominated Clifford Henderson, and the Council unanimously concurred. B. APPOINTMENT OF MEMBER TO THE LIBRARY COMMITTEE To Fill The Vacancy Created By The Resignation Of Mr. Hal K Mayor Mullins noted that the Library Committee submitted a recommendation and thus, this item continued. app. had not yet would be C. PROCLAMATION DECLARING THE WEEK OF MARCH 23RD THROUGH MARCH 29TH AS "VOLUNTEER FIRE-FIGHTER WEEK". Mayor Mullins read the Proclamation and presented it to Mr. Joe Schneider of the Volunteer Fire Department. Mr. Schneider thanked the Council and the Community for their support. VI. CONSENT ITEMS A. MINUTES of the Regular Meeting of the Palm Desert City Council of February 28, 1980. Rec: Approve as presented. March 13, 1980 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR (Continued) B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 80-083, 80-084, and 80-085. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF FEBRUARY, 1980. Rec: Receive and file. D. NOTICE OF ACTION BY COUNTY BOARD OF SUPERVISORS Relative to Authorization to Perform Street Improvement Work Located on the Westerly Side of Cook Street. Rec: Receive and file. E. CLAIM AGAINST THE CITY BY MR. & MRS. TERRY ERARD In The Amount Of $600 or $1,166.00 For Alleged Damage To His Home Located At 44-550 San Carlos Avenue, Palm Desert. Rec: Deny the Claim and instruct the City Clerk to forward it to the Insurance Carrier. F. REQUEST FOR FINAL APPROVAL OF TRACT 4558 - DEEP CANYON TENNIS CLUB. Rec: Accept the Tract as complete and authorize the City Clerk to release the bonds. Councilman Newbrander moved and Councilman Wilson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. REQUEST FOR CONFIRMATION OF ASSESSMENT On Parcel No. 627-112-007-4 In The City In The Amount Of $700 For The Abatement Of A Fire Hazard. Rec: Confirm the assessment by waiving further reading and adopting Resolution No. 80-19. Mr. Bouman advised Council that this matter had been resolved by virtue of payment of the $700.00 amount by the property owner. Thus no action or hearing was necessary. B. CONSIDERATION OF NAME CHANGE OF SUN LODGE LANE TO SAN PABLO AVENUE BETWEEN EL PASEO AND SHADOW MOUNTAIN DRIVE. Mayor Mullins declared the Public Hearing and asked for Staff's Report. Mr. Williams advised that 2-1/2 years ago, San Pablo Avenue had extended from Highway 111 northerly to COD and Avenue 44. Since then, the Redevelopment Agency has completed improvements southerly of Highway 111 on one block. It was not the recom- mendation of Staff that the southerly block name be changed to San Pablo from Sun Lodge Lane for uniformity. He noted that the hearing had been legally advertised twice and that property owners and agencies dealing with street names had been contacted with no response from any. Mayor Mullins invited input in FAVOR or OPPOSITION to the request. None was offered. He declared the Public Hearing closed. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 80-31, approving a change of name from Sun Lodge Lane to San Pablo Avenue. Motion carried unanimously with the members present. March 13, 1980 Page 2 MINUTES REGULAR CITY COUNCIL MEETING n is iC n iV * * * * * * * * * * * * * * .� �C * iV :C* `n i�C.�iC .• iC VII. PUBLIC HEARINGS (Continued) C. CASE NO. TT 13407 - D. K. KAVANAUGH ENTERPRISES, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF AN 18-MONTH TIME EXTENSION FOR A PREVIOUSLY APPROVED 380 LOT TENTATIVE TRACT MAP TO ALLOW A TOTAL OF 380 CONDOMINIUM UNITS ON APPROXIMATELY 80 ACRES IN THE PR-5 ZONE ON THE NORTH SIDE OF HOVLEY LANE, APPROXIMATELY 800 FEET EAST OF COOK STREET. Mayor Mullins declared the Public Hearing open and asked for Staff's Report. Mr. Williams reported that the first phase of this project has been recorded and is underway. The time period is due to expire for additional phases, and the applicant is requesting an extension of time for eighteen months. Other than notifying the applicant that the drainage fee has been increased, the conditions that were previously adopted in 1978 are considered appropriate. Staff recommended approval. Mayor Mullins invited input in FAVOR or OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 80-32, approving an 18-month extension of time for TT 13407. Motion carried unanimously with the members present. D. CASE NO. TT 14003 - LEWIS HOMES OF CALIFORNIA, APPLICANT: CON- SIDERATION OF A REQUEST FOR APPROVAL OF AN 18-MONTH TIME EXTEN- SION FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP FOR 142 LOTS TO ALLOW 140 CONDOMINIUM UNITS, A 6-ACRE PARK AND CIVIC CENTER ON 52 ACRES IN THE PR-4, S.P. ZONE AND P ZONE BETWEEN SAN PASQUAL AND SAN PABLO, NORTH OF 44TH AVENUE. Mayor Mullins declared the Public Hearing open and asked for Staff's Report. Mr. Williams reported that this Tentative Tract was due to expire and in Staff's review of the total project status, it was discovered that the Development Plan has expired. In order to allow conformance, it would be necessary to consider the Development Plan first, and Staff is requesting that this item be continued to the meeting of May 22nd to allow this to occur. Mayor Mullins invited input in FAVOR or in OPPOSITION to the request, and none was offered. Councilman Wilson moved and Councilman Brush seconded to continue the Public Hearing and consideration of the request to the meeting of May 22, 1980. Motion carried unanimously with the members present. E. CASE NO. TT 14004 - LEWIS HOMES OF CALIFORNIA, APPLICANT: CON- SIDERATION OF A REQUEST FOR APPROVAL OF AN 18-MONTH TIME EXTEN- SION FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP FOR 7 LOTS TO ALLOW 142 CONDOMINIUM UNITS ON 27 ACRES IN THE PR-4, S.P. ZONE AT THE NORTHWEST CORNER OF SAN PASQUAL AVENUE AND 44TH AVENUE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams advised that this was identical to the last report with the same set of circumstances. Mayor Mullins invited input in FAVOR or OPPOSITION to the request, and none was offered. Councilman Newbrander moved and Councilman Wilson seconded to continue the Public Hearing and consideration of the request to the meeting of May 22, 1980. Motion carried unanimously with the members present. March 13,1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * J. * * * J` * * * * * * * * * * * * * * * * ter` * VII. PUBLIC HEARINGS (Continued) F. CASE NO. TT 14080, KENT LAND CO., APPLICANT: CONSIDERATION OF A K1qutST FOR APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR A PRE- VIOUSLY APPROVED TENTATIVE TRACT MAP TO CREATE 48 LOTS FOR CONDOMINIUM PURPOSES AND 7 LOTS FOR COMMON AND RECREATION AREAS TO ALLOW 47 DWELLING UNITS ON APPROXIMATELY 10 ACRES WITHIN THE PR-5 ZONE, LOCATED ON THE NORTH SIDE OF HOVLEY LANE, WEST OF PORTOLA AVENUE. (Continued from Meeting of January 24, 1980). Mayor Mullins noted that this was a Continued Public Hearing from the meeting of January 24, 1980. He asked for Staff's report. , Mr. Williams reported that this had been continued previously to allow the renewal of the Development Plan which has happened. He stated that the issue brought out by McBail Company during the January 24th meeting dealing with the connecting road between Country Club Drive and Portola had been addressed by the Planning Commission and the decision reached was that the road was not necessary. Thus this condition had not been attached to this project. Staff and the Planning Commission recommended approval subject to a number of conditions. Mayor Mullins invited input in FAVOR of or in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-3, approving a one- year extension of time for Tentative Tract No. 14080. Motion carried unanimously with the members present. G. CASE NO. TT 14081 - DAVID MOSS, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED 28 LOT TENTATIVE TRACT MAP FOR 24 CONDO- MINIUM UNITS ON APPROXIMATELY 5 ACRES IN THE PR-5 ZONE LOCATED ON THE SOUTH SIDE OF HOVLEY LANE, APPROXIMATELY 600 FEET EAST OF MONTEREY AVENUE. Mayor Mullins declared the Public Hearing open and asked for Staff's report. Mr. Williams reported that the Development Plan has been extended for this project, and the conditions previously adopted have been reviewed and the exception of the addition of a Special Condition relative to the Master Drainage Plan, they were found to be acceptable. Staff and the Commission recommended approval of the time extension. Mayor Mullins invited'input in FAVOR of or in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Wilson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80-33, approving a one- year extension of time for Tentative Tract No. 14081. Motion carried unanimously. Councilman Newbrander stated that it was delightful to see that they are slowing down, noting that maybe if they stalled long enough, they will never build. VIII. RESOLUTIONS A. RESOLUTION NO. 80-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING A WRITTEN REPORT ON UNDERGROUNDING DISTRICT NO. 4 AND SCHEDULING A PUBLIC HEARING ON THE ASSESSMENTS OF THE COST OF THE WORK TO ADJACENT PROPERTY OWNERS. Mr. Williams reported that in June of 1977, after holding a Public Hearing, the Council had formed District #4. The work is now complete, and all poles have been removed. Now, pursuant to the provisions of the Ordinance, it is necessary to schedule a public hearing to assess the property owners' March 13, 1980 Pave 4 MINUTES REGULAR CITY COUNCIL STING VIII. RESOLUTIONS (Continued) A. RESOLUTION NO. 80-34 (Continued) assessment for that work. He noted that the Redevelopment Agency will share costs by participating up to 507 of the cost. He reviewed the individual costs. B. RESOLUTION NO. 80-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING A WRITTEN REPORT ON UNDERGROUNDING DISTRICT NO. 5 AND SCHEDULING A PUBLIC HEARING ON THE ASSESSMENTS OF THE COST OF THE WORK TO ADJACENT PROPERTY OWNERS. Mr. Williams noted that this was identical to the request in Resolution No. 80-34, just a different area. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution Nos. 80-34 and 80-35. Motion carried unanimously with the members present. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 221 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING TITLE 28 TO THE PALM DESERT MUNICIPAL CODE, RELATING TO THE PREVENTION OF FLOOD DAMAGE. Mr. Bouman noted that this was the second reading of the Ordinance, and no further input had been received. Council- man Brush, in view of the importance of the ordinance, asked that it be explained again. Mr. Ortega reviewed the provisions of the ordinance, noting that without its adoption, residents of the City would not be eligible for Flood Insurance under the Regular Program and new homeowners would not be eligible for FHA and VA loans. Considerable discussion followed relative to enacting the Ordinance. Councilman Brush questioned the 3' building pads, and Mr. Ortega responded that in some cases, they could be 3' above the ground or higher. The Map specifies the height as so many feet above the flood level, and an engineer would have to determine the flood level. Councilman Newbrander pointed out that variances can be granted. Mr. Ortega responded that this was true on parcels 1/2 acre or less, but these people would be eligible for insurance only at the high rate then. Councilman Wilson stated that his major concern was what is going to happen on vacant lots in areas almost built out. Council had asked for alternatives to tackle this, and Councilman Newbrander had suggested a moratorium. He stated that we don't want to wake up and find, as a result of this ordinance, water coming along one house and flooding out the next house, a house which prior to this time was protected. He stated that he felt Council needed to pass this Ordinance, but he strongly felt that we must have strong action to ensure we don't get into that situation where staff is approving,in accordance with this Ordinance,alternatives that we cannot live with. Councilman Brush stated his concurrence. He felt Council had a responsibility to the people already here and not the ones coming in. He stated that if there was any possibility that future building is going to be 3-4' higher and forcing water down on people already here, then he could not go along with the Ordinance and would support a moratorium. March 13, 1980 Page 5 MINUTES REGULAR CITY COUNCIL MEETING n k n * * :: * * * a i': 7': :'C * * * * * * a * is n n * is is * * IX. ORDINANCES (Continued) For Adoption (Continued): A. ORDINANCE NO. 221 (Continued) Upon question by Councilman Wilson, Dave Erwin advised that an Emergency Moratorium Ordinance would take a 4/5 vote to pass and would be effective immediately. The Ordinance up for adoption would become effective on April 12th which did allow Council some time for further review. Councilman Newbrander stated that it was essential that this Ordinance be passed to bring flood insurance to the residents of Palm Desert. Councilman Brush agreed, but stated that unless Council did establish something before it takes effect, then Council had a responsibility to put a moratorium into effect. Councilman Wilson stated he would like to see a Study Session devoted to this item. Mr. Bouman stated that it could be discussed at the March 27th Session. Councilman Newbrander moved and Councilman Wilson seconded to waive further reading and adopt Ordinance No. 221. Motion carried unani- mously with the members present. Staff was directed to prepare alternative solutions to enacting the ordinance for presentation to Council during the Study Session of March 27, 1980, at 5:30 p.m. X CONSENT ITEMS HELD OVER None XI. NEW BUSINESS None XII. OLD BUSINESS None XIII. ORAL COMMUNICATIONS REQUEST FOR APPROVAL OF FINAL TRACT 11636-4 & -5. Mr. Jerry Hendricks of Ron Martin Associates, representing Lewis Homes of California, addressed Council requesting approval of Final Map 11636-4'and 11636-5, subject to completion of agreements and bonding. He also requested that Council permit the Department of Building and Safety to issue grading permits for these two phases prior to the recording of the Final Maps so that they may be graded concurrently with the other phases. This would allow the developer to complete the drainage portion of the project and provide maximum protection to the people living below the project. Mr. Bouman stated that he had discussed this with the Director of Environmental Services in the absence of the Director of Public Works, and unless the Attorney had objections, Staff did not. He pointed out that it would expedite a much needed drainage project. Councilman Newbrander moved to approve the Final Maps for Tracts 11636-4 and 11636-5, subject to posting of bonds and agreements satisfactory to the Director of Public Works and the City Attorney and further approve the issuance of grading permits prior to recordation of the Final Maps. Mayor Mullins seconded the motion. Motion carried on a 3-1-1 vote, with Mayor Pro-Tempore McPherson absent and Councilman Brush Abstaining due to the fact that his wife does business with this developer. MR. ALEX YARON, Reporter for the Daily News, asked each Councilman the following two questions dealing with Proposition "A", Emergency Fire Services: (1) Why has the Council allowed the City to out -grow its fire protection; and (2) if Proposition "A" fails, will the Council vote against any further growth because of lack of fire protection? '1 March 13, 1980 Page 6 MINUTES REGULAR CITY COUNCIL . .TING * �' �� * i i�' '� n * i�C * i�C * * * * ; * n '� * * * * n .. .� * i�C ��* 1: � i� i�n ' C � .0 i. . .ii� * i� n n XIII. ORAL COMMUNICATIONS Councilman Newbrander responded that she felt Proposition "A" was going to pass. However, even before Alex Yaron had been attending Council meetings, she was voting against increased growth for lots of reasons such as fire protection, police protection, and the possibility of a water shortage. If it failed, then she felt Council would have to reassess the plans, but we have to have fire protection and this looks like the best and cheapest way to get it. Mayor Mullins responded that he felt that all of the problems like fire protection, flood control, etc. proceed along at the same time. You can't stop one to get solutions to another. We know we need adequate fire protection, and he felt Proposition "A" would pass. The people are going to be willing to pass it. If not, however, it should be remembered that through new construction and the New Construction Fee, it is possible for the City to build new fire stations on land acquired by donation from the developer. We had no way of getting those funds before incorporation. He pointed out that a volunteer fire department is much better when a town is smaller. Councilman Wilson stated that the situation was created primarily due to the passage of Proposition #13. Prior to #13, new growth stimulated higher property assessments and more money for fire protection. Up until that time, we were in a good growth position to provide money for fire protection. Since then, Staff and the Council have been studying the problem and trying to stimulate fire protection through financial incentives to the volunteers. That has not worked as well as Council hoped. Thus the City will have to hire full-time, paid people. If Proposition "A" fails, the Council will have to take a strong look at how to provide protec- tion for the existing residents and any future people. We will have to stop and take a look at it. Mr. Yaron asked if a mora- torium would be a possibility, and Councilman Wilson responded that it would be a possibility to be reviewed. Councilman Brush pointed out that we are talking about a fire department that is not a professional department, but one staffed primarily with volunteers and only one hired, professional engineer. When times are bad, you have a pretty good number of volunteers. When people get as busy as they are today, those guys come home tired and don't want to get involved in fire fighting. Thus there is a weakening of the structure. With regard to the question on Proposition "A" not passing and the possibility of a building moratorium, Councilman Brush stated that there has to be a proven reason for a moratorium and it would be an option for Council to consider. MR. BEN SHEPARD, President of Naegle Outdoor Advertising, 72-977 Haystack Road, Palm Desert, addressed Council stating that the company he worked for owned a great deal of land on Highway 111 and that the Frontage Road was preventing them from selling the land. Councilman Wilson pointed out that a great deal of vacant land around his home was for sale, miles from the Frontage Road, and it wasn't selling either. He stated that it was as a result of the economy and the high interest rates. Councilman Brush asked the City Manager for a report on the engaging of a consultant for the Frontage Road. Mr. Bouman responded that step 1 is to have a meeting of the Technical Traffic Advisory Committee and the Chamber of Commerce, the Board of Realtors, and the S.O.B.'s. A list of traffic engineers will be presented for review at that meeting to allow a selection to be made. XIV. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR APPROVAL FROM CHAMBER OF COMMERCE FOR SIGNS FOR THE BIG JOHN SILVER CIRCUS. March 13, 1980 Mr. Bouman reported that these signs were already in many Page 7 MINUTES REGULAR CITY COUNCIL MEETING * * 7: * * '': * * * i': * * J: J: * * i': * * * * i': is * i': * 'n * i': * * * :'c * * * * * * XIV. REPORTS AND REMARKS (Continued) A. CITY MANAGER (Continued) store windows, and if the Council did not approve them, the Staff would have to go around and take them down. This was for a circus to be held at the Community Park, free to children, with proceeds going to the General Fund of the Chamber of Commerce. Councilman Wilson moved and Mayor Mullins seconded the motion. Motion carried on a 3-1-1 vote with Councilman Brush voting NO and Mayor Pro-Tempore McPherson absent. Councilman Brush stated that this was the third time the Chamber had gone ahead and done something like this without approval, and he resented it. 2. REQUEST FOR AWARD OF BTD FCR STREET IMPROVEMENT PROJECT ON THE WEST SIDE OF PORTOLA AVENUE FROM FAIRWAY DRIVE TO SHADOW MOUNTAIN DRIVE. Mr. Bouman reported that bids were opened on March loth for construction of curb and gutter between Fairway Drive and Shadow Mountain Drive on the west side of Portola. The City has had several problems in that area. The low bid was received from Massey Sand & Rock Company in the amount of $30,322.00, and there is money budgeted for this project. Councilman Brush moved and Councilman Wilson seconded to award the bid to Massey Sand & Rock Company in the amount of $30,322 and to authorize the Mayor to execute said contract. Motion carried unanimously with the members present. 3. REQUEST FOR CONTRIBUTION OF DRAINAGE FUNDS TOWARDS THE CON- STRUCTION OF IMPROVEMENTS AT WHITEWATER WASH ON PORTOLA AVENUE. Mr. Bouman reported that we now have an opportunity to reconstruct the road at the bottom of the Whitewater Wash in an engineering configuration that will make it stay in place. We have an offer from Chaparral to perform the engineering, undertake the contract, and act as lead agency on a 3-way split basis. The City's cost both for repair of damage and reconstruction would be $78,544 of which $28,276 is for repair of the storm damagedstreet on the southerly side of the Whitewater Wash. Chaparral would contribute $65,948 and Portola Country Club would participate with the remaining $50,268. The entire project is for $195,000. They are prepared to commence immediately on this project, but we would have to by-pass the bid procedure. He noted that the City has $83,000 in trust from the first phase of Chaparral for drainage fees, and the City Attorney feels it appropriate to utilize it in this project. Councilman Newbrander moved to declare the expenditure to be of an emergency nature and to authorize a contribution in the amount of $78,544 for street and drainage improvements in the Whitewater Wash. Councilman Brush seconded the motion; carried on a 4-0-1 vote. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Mullins asked that everyone note the Future Meetings listed on the Agenda. March 13, 1980 Page 8 MINUTES REGULAR CITY COUNCIL : 'TING * * * * *�C 'n i�C * i, n * i �• * JC * 7'f r• * * JC �• '�C i�f i�C i� * *iV * i. * is * i i if f i� � * i� �� i i� i * 'SAC XV. ADJOURNMENT Councilman Wilson moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at 9:12 p.m. ATTEST: 1 r `' SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA March 13, 1980 ��v� j "fdr '4a1 EDWARD D. MULLINS , MAYOR Page 9