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HomeMy WebLinkAbout1981-04-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 23, 1981 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:02 p.m. on Thursday, April 23, 1981, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson III. INVOCATION - Mayor Pro-Tem Alexis D. Newbrander IV. ROLL CALL Present: Councilman James E. McPherson Mayor Pro-Tem 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 Carlos L. Ortega, Assistant City Manager Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance V. AWARDS, PRESENTATIONS AND APPOINTMENTS Mayor Wilson read a proclamation commending the Indio Community Hospital on its health care facilities and efforts, to be pre- sented by Mayor Pro-Tem Alexis Newbrander at its Health Fair Expo on April 24., 1981. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of April- 9, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 81-101 and 81-102. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF MARCH, 1981. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for PORTA D'ITALIA, 73-703 Highway 111, Palm Desert, California. Rec: Receive and file. E. PETITION FROM PALM DESERT PROPERTY OWNERS ASSOCIATION Requesting the City's Formation of an Assessment District to Finance Curb and Gutters in District "D". Rec: Refer to Staff for Processing of the Formation of an Assessment District. April 23, 1981 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * :c * * * * * * * * * :c * :' !c * * * * * * :'c c .. * :'c * k :'c :'c VI. CONSENT CALENDAR (Continued) F. LETTER FROM VISTA DEL nCNTA.,AS Requesting a Six-month Extension on Building Permits for Twenty -Eight Units of Tract No. 13407-1. Rec: Refer to the Director of Building and Safety for report and recommendation at the meeting of May 14, 1981. G. VERBAL REQUEST FROM PALM DESERT SENIORS ASSOCIATION For Exemption from Business License Inspection Fee Requirement. Rec: The Palm Desert Seniors Association, doing busi- ness at 73-445 El Paseo, #24A, is hereby exempted from paying said $25 fee. This action is based on the function of the Association as a public service non-profit association and is not intended to set precedent in any manner. H. RESOLUTION NO. 81-52 - 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 CITY CLERK'S DEPARTMENT THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. I. REQUEST FOR RELEASE OF BONDS for Tract No. 13407-1, D. K. Kavanaugh, Applicant. Rec: Accept the improvements constructed into the City street system and authorize the City Clerk to release the maintenance bond. J. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT NO. 17147, NOE-JACK, A PARTNERSHIP, Applicant. Rec: Waive further reading and adopt Resolution No. 81-57, approving Final Map 17147. K. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT NO. 13581, CHACAHUALA, LTD., Applicant. Rec: Waive further reading and adopt Resolution No. 81-58, approving Final Map 13581. L. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT NO. 13581-2, CHACAHUALA, LTD., Applicant Rec: Waive further reading and adopt Resolution No. 81-59, approving Final Map 13581-2. M. REQUEST FROM CITY OF COMMERCE For Support of Ratification of Senate Bill No. 200, Peripheral Canal. Rec: Instruct the City Clerk to transmit previously adopted Resolution No. 80-157. Mr. Erwin requested Items K and L be removed from the Consent Calendar for discussion under Section XI. Councilman McPherson moved and Councilman Snyder seconded to approve the remainder of the Consent Calendar. Motion carried unanimously. VII. ORAL COMMUNICATIONS None Mayor Wilson noted that some items on the agenda had been dis- cussed in Study Session and would be removed. April 23, 1981 Page 2 MINUTES REGULAR CITY COUNCIL MEETING .. :: n .. .. i�: i�: i�: iV .. J` V J` - .. ;; is VIII. PUBLIC HEARINGS A. 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. (Continued from the Meeting of April 9, 1981.) Mayor Wilson noted the Public Hearing was continued and therefore, open. He asked for Staff's report. Mr. Diaz stated this map would reflect a reduction in total units from the Tentative Tract Map. The matter was contin- ued in order to allow the applicant and staff time to discuss some concerns, mainly Special Conditions 2 and 7 of the resolution. He suggested, if applicant disagreed, that the matter should be continued to the meeting of May 14, 1981. He recommended adoption of Resolution No. 81-47, leaving Special Conditions 2 and 7 open for modification. Mayor Wilson invited input from the audience. MR. IRVING LUBE', 31 Camino Royale, Chaparral Country Club, stated the applicant's disagreement with the new ordinance requirement of $3700 per acre drainage charge as compared to $1500 per acre under the old ordinance in effect when the original Tentative Tract was approved. He noted that Dame' Construction had spent a total of $578,866 towards the drainage requirement and repairs to Portola Avenue, due to flood damage, at least three times. He requested either a $1500 per acre charge, based upon the previous ordinance, or if Council felt $3730 per acre should be charged, then a credit of $2200 per acre be given for the work that has been done towards the Master Drainage Plan. Mayor Wilson questioned of the City Attorney if, once a Tentative Tract Map has expired, there is anything that states new fees are to be required. Mr. Erwin stated the Council does have the ability to give credit. Councilman McPherson questioned what benefits the City re- ceived from the $578,866 spent by Dame' Construction. Mr. McClellan stated that he had reviewed the ledgers, and noted that Dame' had been credited for some of the work. He also noted that the widening of Portola Avenue was a require- ment as part of the development. MICE BOLTON, 18 Presidio, Palm Desert, stated that both the portion of Portola required under the conditions of approval and the dedicated City's portion had been repaired by Dame' after the floods. Councilman Puluqi asked for clarification as to whose respon- sibility it is to maintain improvements after completion. Mr. McClellan responded that they are not the City's re- sponsibility until accepted by the City upon completion. CARL DAME', 27 Presidio, Palm Desert, stated that prior to their development, there was an improved street, accepted by the City of Palm Desert. He noted he had made those im- provements required, and fulfilled his obligation. April 2 3, 19 81 Page 3 MINUTES REGULAR CITY COUNCIL MEETING ;': * :, * :c * :c * k „ :; * * ;c :'c * .. 'c :c * ;`c * k * :'c * * ;'c * VIII. PUBLIC HEARINGS (Continued Councilman Snyder stated that due to inadequate funds in try- ing to create drainage north of the river, all subdividers are required to contribute, and the fee had to be raised. He felt it unfortunate that this previously approved map had been allowed to expire. Councilman McPherson agreed that it was unfortunate that the rules had been changed in the middle of the project, and had mixed feelings about the $3700 assessment charge which would be for the good of the City. He suggested a possible compromise. Mayor Wilson declared the Public Hearing Closed. Mr. Bouman clarified that curbs and gutters are not a part of the Master Drainage Plan and therefore, credit could not be given for street improvements. He agreed that the repair of Portola was not the responsibility of the developer alone. Councilman Puluqi requested a written report be prepared before the next Council meeting. Councilman McPherson moved and Councilman Snyder seconded to waive further reading and adopt Resolution No. 81-47, contingent upon a workable solution to Special Conditions 2 and 7 of the resolution, and continue the matter to the meeting of May 14, 1981. Motion carried unanimously. Mr. Erwin noted that finals would not be processed if this stipulation is not adhered to. B. CASE NO. TT 16015, MAYER CONSTRUCTION, INC. AND STANLEY C. MORSE, APPLICANTS: CONSIDERATION OF A REQUEST FOR APPROVAL OF AN 18 MONTH TIME EXTENSION FOR A 24-LOT TENTATIVE TRACT MAP TO ALLOW 264 CONDOMINIUMS AND A NINE ACRE PUBLIC PARK. Mayor Wilson declared the Public Hearing Open and asked for staff's report. Mr. Diaz reviewed the applicant's request and stated that it not being normal procedure to request an extension three months early, would recommend continuance of this item to the meeting of June 25, 1981. He also recommended that a policy be set whereby time extensions cannot be scheduled more than one month prior to expiration. Mayor Wilson invited comments from the audience. MR. DANIEL SALCEDA, 8121 East Florence Avenue, Downey, CA., assured the Council that no changes had been made on the original plans and that they would be agreeable to work with the City on any recommendations they may have. He requested approval on the time extension to protect the Tentative Map. Mr. Diaz explained that the issue of a fire station on the property could be worked out at a later date, possibly using one acre of the nine designated for public park. Councilman Snyder stated he would not like to set a precedent by approving the request early, rather follow the usual pro- cedure in order to maintain checks and balances. Councilman McPherson stated the Tentative plan was approved in part because of the nine acre park designation. He would not like to see that changed to a fire station. Mayor Pro-T em Newbrander moved and Councilman Puluqi seconded to Page 4 April 23, 1981 MINUTES REGULAR CITY COUNCIL MEETING * * .. * * ): * .. .. ): is .. * .. .. .. .. n iC * VIII. PUBLIC HEARINGS (Continued) continue the request to the meeting of June 25, 1981. Motion carried on a 4-1 vote, with Mayor Wilson voting NO. Councilman Snyder moved and Mayor Pro-Tem Newbrander seconded to adopt a policy whereby time extensions would be scheduled no sooner than one month prior to expirations. Motion carried unanimously. C. CASE NO. ZOA 02-81, CITY OF PALM DESERT, APPLICANT: CON- SIDERATION OF AN AMENDMENT TO THE PALM DESERT ZONING ORDINANCE, AMENDING CHAPTER 25.64, PERTAINING TO PERMITTED TEMPORARY USES. Mayor Wilson declared the Public Hearing Open and asked for staff's report. Mr. Diaz reviewed the suggested additions to the present zoning ordinance and recommended Ordinance No. 256 be passed to second reading, thus amending the zoning ordinance. Mayor Wilson asked for comments from the audience. RALPH WOOD, Palm Desert Board of Realtors, commended staff on the addition of Section e, which would put a limit on the length of time a real estate office could remain in a subdivision. Mayor Pro-Tem Newbrander moved and Councilman Puluqi seconded to waive further reading and pass Ordinance No. 256 to second reading. Motion carried unanimously. Mayor Wilson declared a break at 8:35 and reconvened the meeting at 8:40 p.m. IX. RESOLUTIONS A. RESOLUTION NO. 81-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROPOSING THE FORMATION OF AN ASSESSMENT DISTRICT UNDER THE LANDSCAPING AND LIGHTING ACT OF 1972, KNOWN AS LANDSCAPING AND LIGHTING DISTRICT NO. 81-3 (TRACT NOS. 12181-1 AND 12181-2). Mr. McClellan reported this as a request from Lewis Homes to assess property owners within the development to pay for their share of energy for street lighting and maintenance of landscaping fronting on Portola Avenue. He noted the instal- lation would be done by Lewis Homes. Councilman McPherson moved and Mayor Pro-Tem Newbrander seconded to waive further reading and adopt Resolution No. 81-60. Motion carried unanimously. B. RESOLUTION NO. 81-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 77-17, CLARIFYING THE PROVISIONS FOR COLLECTING MATURED INACTIVE DEPOSITS OF THE CITY. Mr. Bouman stated this resolution would eliminate the require- ment for 2 signatures in order to receive money. Councilman Snyder moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 81-61. Motion carried unanimously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 257 - AN ORDINANCE OF THE CITY COUNCIL OF THE uITY OF PALM DESERT, CALIFORNIA, PERTAINING TO TRAFFIC REGULA- TIONS BY ADDING A NEW SECTION FINDING CERTAIN PRIVATELY OWNED AND MAINTAINED STREETS AND PARKING AREAS TO BE GENERALLY HELD OPEN FOR THE USE OF THE PUBLIC FOR VEHICULAR TRAFFIC, SUBJECT TO THE PROVISIONS OF SECTION 21107.5 OF THE VEHICLE CODE OF THE STATE OF CALIFORNIA. April 23, 1981 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * :: % * :ti * .. * * * :C * * * •.. * * :L * * * X. ORDINANCES A. ORDINANCE NO. 257 (Continued) Mr. Bouman requested this ordinance be removed from the agenda in order to set a public hearing and notify all affected property owners by mail. The ordinance would be re -introduced on May 28, 1981. Councilman Snyder moved and Councilman McPherson seconded to continue to the meeting of May 28, 1981 for Public Hearing. Motion carried unanimously. For Adoption: A. ORDINANCE NO. 254 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING TO SECTION 5.04.160 OF THE CODE OF THE CITY OF PALM DESERT, PERTAINING TO REVOCA- TION OF LICENSE CERTIFICATES. In response to Councilman Puluqi's comment that he thought a year would be a long time to wait for reconsideration of a revoked license, Mr. Erwin stated the ordinance could be amended and passed to second reading if the Council so moved. Councilman Puluqi moved and Mayor Pro-Tem Newbrander seconded to add to the second paragraph of Chapter 5,04.160 the following: "unless permission for shorter period is granted by City Council." Motion carried unanimously and. passed to second reading. B. ORDINANCE NO. 255 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE 1979 EDITION OF THE UNIFORM FIRE CODE. Mr. Bouman reported no further input. Mayor Pro-Tem Newbrander moved and Councilman Snyder seconded to waive further reading and adopt Ordinance No. 255. Motion carried unanimously. XI. CONSENT ITEMS HELD OVER K. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT NO. 13581, CHACAHUALA, LTD., Applicant. Mr. Erwin stated the applicant had requested a reduction in bonding and that if Council so concurred, this could be reflected in the agreement. Mayor Wilson asked for comments from the audience. ARTHUR ALEF, 5045 Calvin Avenue, Tarzana, requested bonding reduction as was done in Phases 1 and 2. He noted one of the problems in developing this tract was due to the AO Flood Zone restrictions. He assured Council that no disposition would be made on the property until such time as problems were solved and requested a freeze on the project. L. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT NO. 13581-2, CHACAHUALA, LTD., Applicant. Mr. Erwin stated the same would apply as in Item K for this tract. Councilman McPherson moved and Councilman Snyder seconded to waive further reading and adopt Resolution Nos. 81-58 and 81-59, with the agreement to reflect a reduction in Improvement Bonds to $10,000 per tract. Motion carried unanimously. April 23, 1981 Page 6 l MINUTES REGULAR CITY COUNCIL MEETING XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS None XVI. REPORTS AND REMARKS A. CITY MANAGER 1) Mr. Bouman requested a minute motion to approve a request for fire tax refund in the amount of $180.00 to Kathleen Dyson for taxes she paid on property acquired by the City. Councilman McPherson moved and Mayor Pro-Tem Newbrander seconded to approve a refund of $180.00 on property located at 73-020 Guadalupe, in Palm Desert. Motion carried unanimously. 2) RESOLUTION NO. 81-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 80-86, SECTION 5, AUTO ALLOWANCES, AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED AUTO ALLOWANCES. Councilman McPherson moved to waive further reading and adopt Resolution No. 81-62. Mayor Pro-Tem Newbrander seconded. Motion carried unanimously. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson noted a correction on the Future Meetings to read April 29, 1981, Study Session. XVII. ADJOURNMENT Councilman Puluqi moved and Mayor Wilson seconded to adjourn the meeting. Motion carried unanimously. Mayor Wilson adjourned the meeting at 9:03 p.m. ATTEST: DEL CLAUSSEN, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA Y,XILSON , MAYOR April 23, 1981 Page 7