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HomeMy WebLinkAbout1980-09-25MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 25, 1980 CITY HALL COUNCIL CHAMBERS JC * * * * * * 7: * * .. V * if * * * is * J: 'i' if is i♦ is n * .. iC k * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the Palm Desert City Council to order at 7:05 p.m. on Thursday, September 25, 1980, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore James E. McPherson III. INVOCATION - Mayor S. Roy Wilson IV. ROLL CALL Present: Mayor Pro-Tempore 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 Doug Phillips, Deputy City Attorney Carlos L. Ortega, Assistant City Manager Jack Campbell, Acting Director of Public Works Paul Byers, Director of Finance Murrel Crump, Principal Planner V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Wilson noted that Mr. Paul Williams was present in the audience. Mr. Wiliams was the first Director of Environmental Services for the City of Palm Desert, having resigned in July, 1980. Mayor Wilson presented Mr. Williams with a Plaque of Appreciation from the Council and the entire City for the excel- lence with which he had carried out his duties for the City. Mayor Wilson also presented Councilman Walter H. Snyder with a Plaque of Appreciation for the 3-1/2 years of outstanding service he had lent as a Planning Commissioner. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 11, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 81-024. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Elma M. Chapman For Silly Prescilly's, 73-890 El Paseo, Palm Desert, California. Rec: Receive and file. n • nDT Tr.ATTON FOR AT rnunT.IC BEVFRAGF. T,Trrr*cam. ^-- r r- iii�, ivi i�ta�C Liquor oc 'Jell, /L-LO1 nignway lii, Palm Desert, California. Rec: Receive and file. September 25, 1980 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * * i. :C * * iC iC * n' :C * * i*: :C i. * * * iC i.�' * JC is iC n * is is ri is VI. CONS= CALENDAR (Continued) E. REQUEST FOR APPROVAL OF FINAL TRACT NO. 13236. Rec: Waive further reading and adopt Resolution No. 80-119, approving the Final Subdivision Map for Tract No. 13236. F. REQUEST FOR APPROVAL OF FINAL TRACT NO. 15366. Rec: Waive further reading and adopt Resolution No. 80-120, approving the Final Subdivision Map for Tract No. 1536E G. REQUEST FOR APPROVAL OF FINAL TRACT 14645. Rec: Waive further reading and adopt Resolution No. 80-121, approving the Final Subdivision Map for Tract No. 14645. Councilman McPherson moved and Councilman Puluqi seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CASE NO. TT 16873, THOMAS E. TROLLOPE, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE SUBDIVISION MAP TO CREATE A ONE -LOT SUBDIVISION TO ALLOW A SIX (6) UNIT STATUTORY CONDO- MINIUM PROJECT ON APPROXIMATELY .731 ACRES WITHIN THE R-3 (4) (MULTI -FAMILY RESIDENTIAL, ONE D.U./4000 SQ. FT. OF LOT AREA) ZONE LOCATED AT THE NORTHWEST CORNER OF TUMBLEWEED LANE AND SAGE LANE. Mayor Wilson declared the Public Hearing open and called for Staff's report. Mr. Crump reviewed the Staff Report, stating that the request complied with all City requirements. He stated that it was Staff's recommendation to approve the request by Resolution No. 80-122. Mayor Wilson invited input from the applicant. MR. TOMAS E. TROLLOPE, #3 Boothill Circle, Rancho Mirage, addressed Council stating that he was in concurrence with Staff's recommendation and all conditions imposed. He also requested that the Council, if they chose to approve the Tentative Tract Map, approve the Final Tract Map too. 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. Upon question by the City Manager, Mr. Campbell advised that all conditions had been met by the developer so that Final Tract Map approval at this time would not be a problem. Councilman McPherson moved to waive further reading and adopt Resolution No. 80-122 amended to include approval of the Final Tract Map as well as the Tentative Tract Map. Councilman Puluqi seconded the motion. Motion carried on a 4-1 vote with Councilman Newbrander voting NO. B. CASE NO. TT 14996, MACK DEVELOPMENT, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP TO CREATE A 118-LOT SUBDIVISION FOR CONDOMINIUM PURPOSES ON APPROXIMATELY 25 ACRES WITHIN THE PR-5 (PLANNED RESIDENTIAL, MAX. 5 D.U./AC.) ZONE LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, APPROXIMATELY 1,800 FEET EAST OF MONTEREY AVENUE. Mayor Wilson declared the Public Hearing open and called for the Staff RP -art. September 25, 1980 Page 2 MINUTES REGULAR CITY COUNCIL NE ING * * * * is is J: is n i�: .. n iL .0 i�: is i. is is i� .: i�: is i' �n iC is is J: :C is .. is is is VIII. PUBLIC HEARINGS (Continued) B. CASE NO. TT 14996 (Continued) Mr. Crump reported that the Map was originally approved by the City Council in September of 1979. Since that approval, the Northside Palm Desert Drainage Plan has been adopted. Therefore, Staff recommended amendment to Special Condition No. 4 by including a requirement of $3,700 per gross acre to the Drainage Fund and payment of $5,800 to the Signalization Fund. Staff recommended approval by Resolution No. 80-123 which included the proposed revisions. Mayor Wilson invited input from the applicant. MR. EDWARD YEAGER, Wagner Associates, 74-075 El Paseo, addressed the Council expressing concurrence with the Staff recommendation. MS. INGRID MACK, owner of the development, addressed the Council for clarification on the requirement of their participation in the Master Drainage Plan. Staff explained that her project would be required to implement that portion of the Plan that her project effected. Mayor Wilson invited input in FAVOR of the project, and none was offered. He invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-123. Motion carried unanimously. IX. RESOLUTIONS None X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 228 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF PALM DESERT, RELATING TO CHARITABLE SOLICITATIONS. Mr. Bouman reported that this was the second reading of the ordinance, and no further input had been received. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Ordinance No. 228. Motion carried on a 4-0-1 vote, with Councilman McPherson ABSTAINING due to his absence at the previous meeting. I. CONSENT ITEMS HELD OVER None NEW BUSINESS A. REQUEST FOR VARIANCE UNDER ORDINANCE NO. 221, FLOOD INSURANCE ORDINANCE BY MR. BILL SHIELDS. Mr. Ortega distributed a letter to Council written by the Acting Director of Public Works relative to the proposed - Mr. Shields had been in his office earlier in the week indicating that with the required elevation of the Flood September 25, 1980 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * J: is '* is is * ': i': is * * is * is is JC * is n * X * * XII. NEW BUSINESS (Continued) A. REQUEST FOR VARIANCE (Continued) Insurance Ordinance, his home would be at least 3 feet higher than adjacent housing and would be a detriment to the neigh- borhood. In addition, because of the required elevation and due to the requirement of the Building Code regarding driveway angles, his garage would have to sit 4' below his house. Therefore, it was Staff's suggestion that he request a variance. Council reviewed with Mr. Campbell the proposed height as well as the height of the lots adjacent to this one. Councilman Puluqi asked Mr. Campbell if in granting the variance, the adjacent properties would be jeopardized. Mr. Campbell replied that they would not be. Councilman Snyder stated that it should be noted that Staff was acting properly in enforcing the conditions the Council had set forth; they had no authority to do anything else. MR. BILL SHIELDS, 73-581 Ocotillo Ct, Palm Desert, addressed Council as the applicant. He stated that with the requirements being imposed at this time, his home was unbuildable. He reviewed a grading map with the Council. Councilman Puluqi asked Mr. Shields if he was aware that if the variance was granted, that he would not be eligible for low-cost flood insurance. Mr. Shields stated that he was aware of this. Mr. Bouman added that with the granting of this variance, the house would probably not be eligible for FHA or VA financing now or in the future. Mr. Shields stated that this was to be his home, and that he was not concerned with future financing. At this point, Deputy City Attorney Doug Phillips suggested that Council not take any action on this matter until after reviewing and taking action on the proposed amendment to the Flood Insurance Ordinance. Council so concurred, with the consent of the applicant, and moved to Section XIII, Continuing Business, of the Agenda. B. REQUEST FOR APPROVAL OF PAYMENT OF STREET SWEEPING INVOICES - R. F. DICKSON COMPANY FOR JULY AND AUGUST. Mr. Bouman reported that this was a request for payment for work performed by R. F. Dickson Company after the rains of July 30th. Since they are no longer the contractor of record for this service in the City, the Director of Finance cannot pay the bills without Council authorization. Councilman Newbrander moved and Councilman McPherson seconded to authorize and direct the Director of Finance to pay the claims of R. F. Dickson Company. Motion carried unanimously. XIII. CONTINUING BUSINESS A. REQUEST FOR AMENDMENT TO ORDINANCE NO. 221 TO ADD A GOOD AND SUFFICIENT CAUSE STIPULATION FOR CONSIDERING A VARIANCE (URCENC ORDINANCE). Mr. Ortega reported that the present ordinance does include a variance procedure. However, it states that a variance may be granted for "good and sufficient" cause. The proposed Ordinance No. 230 defines "good and sufficient cause" and clarifies the variances. For example, if compliance with the ordinance would raise the finished floor of the proposed structure by more than 2 feet above the surround/adjacent homes and if such condition caused flood hazard of adjacent f L September 25, 1980 Page 4 MINUTES REGULAR CITY COUNCIL ME LNG XIII. CONTINUING BUSINESS (Continued) A. REQUEST FOR AMENDMENT TO ORDINANCE NO. 221 (Continued) properties, "good and sufficient" cause would be created for granting a variance. He reviewed the proposed Urgency Ordinance in detail and concluded by stating that this would be acceptable to whoever would review our federal requirements. Councilman Newbrander moved and Councilman Puluqi seconded to waive further reading and adopt Ordinance No. 230. Motion carried unanimously. (XII.) NEW BUSINESS (Continued from Page 4) A. REQUEST FOR VARIANCE (Continued) Councilman McPherson moved and Councilman Newbrander seconded to grant the requested variance under Ordinance No. 230 as having shown "good and sufficient" cause. Mr. Doug Phillips, Deputy City Attorney, suggested the following "hold harmless" clause be added to the motion: "The applicant, and his successors in interest, hereby agree to hold the City of Palm Desert forever harmless from any claims or actions as a result of any flood damage to his property or structures thereon." Councilman McPherson amended his motion to include said clause and Councilman Newbrander seconded the amendment. Motion carried unanimously. Mayor Wilson asked Mr. Shields, the applicant, if he was willing to accept the "hold harmless" clause, and Mr. Shields replied that he was more than willing to accept it. IV. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR STREET RESURFACING PROGRAM IN THE CITY OF PALM DESERT (CONTRACT NO. 1037). Mr. Bouman reported that this was a recommendation for the award of a contract as the result of opening of 4 bids. Bids had ranged from a high of $164,699 to the low of $143,930 by Massey Sand & Rock Company. Staff recommended approval. Councilman McPherson moved and Councilman Newbrander seconded to award the contract to Massey Sand & Rock Company, low bidder, and authorize the Mayor and City Clerk to execute same. Motion carried unanimously. XV. ORAL COMMUNICATIONS - B MR. HEITMEIR, 79-180 Falmouth, Los Angeles, addressed Council relative to lots he was planning on developing on Somera Road. He asked if the new ordinance would require him now to go back and get reapproval. Councilman Puluqi stated that it would. Mr. Heitmeir stated that he had gone to considerable expense in bringing in fill dirt already. By unanimous concurrence of the Council, Staff was directed to investigate these lots and see if there is difficulty imposed on adjacent neighbors and if not, allow Staff to make the decision. MR. FREDERICK THON, 45-390 Garden Square, Palm Desert, addressed Council and pointed out that the Parks & Recreation Commission meeting listed on the Agenda would be held at 12:00 Noon rather than 7:00 p.m. MR. GEORGE SWEET, 46-370 Ocotillo Drive, addressed Council stating ueiure uouncii aia anyLning eise. tte pointed out that the Haystack Channel just sat there and did nothing more than pour water down Portola Avenue. He reviewed what he considered to be several "bad areas in town. September 25, 1980 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * * is * .• * * is * * n * J, J` J; a .. * is * * * is J: a XV. ORAL COMMUNICATIONS - B Mayor Wilson responded that the Haystack Channel had been stopped by litigation temporarily, and therefore its function of channeling water under Portola had not yet been accomplished. He also asked that Mr. Sweet speak to Mr. Dick Sparks, Chairman of the City's Citizens Drainage Advisory Committee to share his ideas and concerns. MR. F. VanWrinkle, 73-233 Tumbleweed Lane, Palm Desert, addressed Council requesting that no more southbound streets be allowed to construct curb and gutter as it was just channeling water into the homes that were on east/west bound streets. XVI. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman reported that the City had completed two drainage projects - the Rancho Road Project and the San Pablo/Las Palmas project. Both were to be funded in part by federal funds. There has been a temporary delay in obtaining these funds; however, it doesn't seem to be a serious problem. Since the contracts must be paid, Staff was asking for a transfer of funds to accomplish payment. Councilman Puluqi moved and Councilman Snyder seconded to advance $73,411.27 from the General Fund to the Community Development Fund so that payments on the two drainage projects can be made. Motion carried unani- mously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the Future Meetings listed on the Agenda as well as the change of time for the Parks & Recreation Commission Meeting on September 29th. Mayor Wilson announced that the City Council would hold a Study Session on October 2nd at 6:00 p.m. in the City Hall Administrative Offices. XV. ADJOURNMENT Councilman Snyder moved and Councilman Pulugi seconded to adjourn the meeting. Motion carried unanimously. Mayor Wilson adjourned the meeting at 8:30 p.m. ATTEST: //Z4 / '(-4f SHEILA R. G,E'LLIGAN , »TY CLERK CITY OF PALM DESERT .i/CALIFORNIA ,; eitember 25, 1980 Page 6