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HomeMy WebLinkAbout1981-01-08MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 8, 1981 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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, January 8, 1981, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Councilman Alexis Newbrander IV. ROLL CALL Present: Excused Absence: Councilman Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Mayor Pro-Tem James E. McPherson Martin J. Bouman, City Manager Jeff Patterson, Deputy 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 None VI. CONSENT CALENDAR A. MINUTES of the Adjourned Meeting of the City Council of December 18, 1980. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 81-062, 81-063, and 81-064. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Jack & Louise Klotz for Business Located at 73-520 El Paseo, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Jack Avery & Associates for GREJENO'S, 72-795 Highway 111, Palm Desert. Rec: Receive and file. E. CLAIM AGAINST THE CITY By Kathleen Faith Dierks In The Amount of $200,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. January 8, 1981 Page 1 MINUTES REGULAR CITY COUNCIL MEETING VI. CONSENT CALENDAR (Continued) F. CLAIM AGAINST THE CITY By Grey McCaffrey In The Amount Of S750,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. G. MINUTES of the Building Board of Appeals & Condemnation Meetin of December 11, 1980. Rec: Receive and Ratify the Board's Actions. H. LETTER REQUESTING APPROVAL OF DELI FOOD STORE at 73-703 Highway 111 from Mr. William R. Hammond. Rec: Receive and refer to Staff for study and report. I. REQUEST FOR APPROVAL OF FINAL PARCEL MAP 16721, GEROLD J. CHAZAN, APPLICANT. (Continued from Council Meeting of December 18, 1980.) Rec: Waive further reading and adopt Resolution No. 81-7, approving Final Parcel Map 16721. Councilman Snyder removed Item "H" for discussion Section XI, Consent Items Held Over, of the Agenda. Councilman Newbrander moved and Councilman Puluqi seconded to approve the balance of the Consent Calendar as presented. Motion carried unanimously with the members present. VII. ORAL COMMUNICATIONS MRS. MARIAN HENDERSON, 73-597 Pinyon Street, Palm Desert, addressed the Council as Chairman of the Street Landscaping Committee. She reported that the committee had met 6 times and had several recom- mendations which would be presented by Mr. Tad Fessenden. MR. TAD FESSENDEN, 45-835 Hopi Road, Indian Wells, read a prepared statement from the committee (attached and made of part of these Minutes as Exhibit "A"). They requested that the City start an immediate cleanup campaign of Highway 111 in that it was an eyesore in the City. Staff was directed to contact Caltrans relative to permission to work on the median strip of Highway 111 and to start work as soon as possible if Caltrans would so permit. Mayor Wilson pointed out that Staff was in the process of preparing the mid -year budget and that the recommendations presented could be considered the budget revision. The Council thanked the entire Street Landscaping Committee for the work they had accomplished in such a short time. VIII. PUBLIC HEARINGS A. 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. (Continued from the Council Meeting of December 18, 1980.) Mr. Bouman reported that the applicant had requested a 30-day continuance to allow them more time to gather information. Councilman Snyder moved and Councilman Puluqi seconded to continue the item to February 12, 1981. Motion carried unanimously with the members present. Tni+r.r>or.> C 1 001 MINUTES REGULAR CITY COUNCIL MI ING * * * * * ;: :: * * * * .. :': * * * * * * * * * rt .c * * * * * * * * * * * VIII. PUBLIC HEARINGS (Continued) B. CASE NO. TT 14999, WESTSIDE ENTERPRISES, LTD., APPLICANT: CON- SIDERATION OF A REQUEST FOR APPROVAL OF AN 18-MONTH TIME EXTEN- SION FOR A 38 LOT TENTATIVE TRACT MAP TO ALLOW A 36 UNIT RESIDEN- TIAL DEVELOPMENT, ONE RECREATION LOT, AND ONE STREET LOT ON APPROXIMATELY 11.1 GROSS ACRES WITHIN THE R-2, 8,000 (SINGLE FAMILY, MIN. 8,000 SQ. FT. LOTS) ZONE, LOCATED BETWEEN SKYWARD WAY AND HOMESTEAD ROAD AND BOUNDED ON THE EAST BY CHIA DRIVE. Mayor Wilson declared the Public Hearing open and called for the Staff report. Mr. Diaz reviewed the report and stated that the request was in compliance with all State and local requirements. Staff recommended approval. Mayor Wilson invited input from the applicant. Mr. Ed Yeager, Wagner Stanford, addressed Council on behalf of the applicant, and stated the concurrence with the Staff recommendation. 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. Councilman Newbrander moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 81-2. Motion carried unanimously with the members present. C. CASE NO. TT 15630, DUANE K. BRICKER AND ASSOCIATES, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF AN 18-MONTH TIME EXTENSION FOR A 17-LOT TENTATIVE TRACT MAP FOR CONDOMINIUM PUR- POSES TO ALLOW 16 DWELLING UNITS AND ONE COMMON LOT ON APPROXI- MATELY 1.3 ACRES WITHIN THE R-3 (MULTI -FAMILY RESIDENTIAL DISTRICT) ZONE, LOCATED BETWEEN SHADOW HILLS ROAD AND DEEP CANYON ROAD, 225 FEET SOUTH OF HIGHWAY 111. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Diaz reviewed the report and stated that the request was in compliance with all State and local requirements. Staff recommended approval of the request. Mayor Wilson invited input from the applicant. Mr. Duane Bricker addressed the Council stating his concurrence with the Staff Report. 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. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 81-3. Motion carried unanimously -with the members present. D. CASE NO. TT 14032, McLAIN DEVELOPMENT CO., APPLICANT: CONSIDERA- TION OF A REQUEST FOR APPROVAL OF A RENEWAL OF AN EXPIRED TEN- TATIVE SUBDIVISION MAP COVERING PHASES II THROUGH PHASE V (220 LOTS), TO ALLOW CONSTRUCTION OF 206 DWELLING UNITS ON 60.5 ACRES WITHIN THE PR-4 (PLANNED RESIDENTIAL, 4. D.U./AC.) ZONE AT THE SOUTHEAST CORNER OF PORTOLA AVENUE AND COUNTRY CLUB DRIVE. Mayor Wilson declared the Public Hearing open and called for the Staff Report. Mr. Diaz reviewed the report and stated that the request was in conformance with all State and local requirements. January is , 1981 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * * * * .. .. .. .. :. .. .. .: .: .. .. .. .. .. JC * * .. iC k :*C * :: ii iY .. * is * * * * * VIII. PUBLIC HEARINGS (Continued) D. CASE NO. TT 14032 (Continued) Mayor Wilson invited input from the applicant. None was offered. He 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. 81-4. Motion carried unani- mously with the members present. E. CASE NO. TT 17147, NOE-JACK, A PARTNERSHIP, APPLICANT: CON- SIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT TO CREATE A TEN -LOT "NON -STATUTORY" CONDOMINIUM SUBDIVISION ON APPROXIMATELY .7 GROSS ACRES WITHIN THE R-3, 13,000 (3) (MULTI- FAMILY RESIDENTIAL, MINIMUM 13,000 SQ. FT. LOT, ONE DWELLING UNIT PER 3,000 FEET OF LOT AREA) ZONE GENERALLY LOCATED ON THE SOUTHSIDE OF SHADOW MOUNTAIN DRIVE, APPROXIMATELY 300 FEET WEST OF LUPINE LANE. F. CASE NO. TT 17148, NOE-JACK, A PARTNERSHIP, APPLICANT: CON- SIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT TO CREATE A TEN -LOT "NON -STATUTORY" CONDOMINIUM SUBDIVISION ON APPROXIMATELY .7 GROSS ACRES WITHIN THE R-3, 13,000 (3) (MULTI- FAMILY RESIDENTIAL, MINIMUM 13,000 SQ. FT. LOT, ONE DWELLING UNIT PER 3,000 FEET OF LOT AREA) ZONE GENERALLY LOCATED ON THE SOUTHSIDE OF SHADOW MOUNTAIN DRIVE, APPROXIMATELY 850 FEET EAST OF LUPINE LANE. Mayor Wilson stated that these two cases would be heard together in that they were related items. He declared the Public Hearing open and asked for the Staff Report. Mr. Diaz reviewed the Staff Report. He pointed out that both requests had been reviewed for compliance with State and local requirements and that both were in conformance. Councilman Snyder expressed concern that the parking require- ments be met in the conversion inasmuch as he did not believe that in previous conversions these covered parking spaces had been provided. Deputy City Attorney Jeff Patterson stated that a special con- dition could be added to the resolution if the Council felt it necessary. Councilman Snyder suggested Special Conditon #4 should be added to state: "development shall conform to all parking standards relating to condominiums". Mayor Wilson invited input from the applicant. Mr. Harry Schmidt, representing the developer, addressed the Council and stated that they were in agreement with the Staff Report. They would be agreeable to a Special Condition #4 stating specific parking requirements; however, those had been included in the conditions of the approval of the Conditional Use Permit. f 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. Councilman Snyder moved to waive further reading and adopt Resolu- tions 81-5 and 81-6 with the addition of Special Condition #4 to each: "Development shall conform to all parking standards relating to condominiums". Councilman Puluqi seconded the motion. Motion carried on a 3-1-1 vote with Councilman Newbrander voting NO and Mayor Pro-Tem McPherson ABSENT. January 8, 1981 Page 4 MINUTES REGULAR CITY COUNCIL MELl'ING :; :'c :: .. :: * :: :4 :': ): ;'; :c :': * :'; :': :': :'c *ti :c * * * :a. is :`: :`: * * * ::' * IX. RESOLUTIONS None X. ORDINANCES For Introduction: A. ORDINANCE NO. 240 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE CONTROL OF LOITERING OF PERSONS UNDER THE AGE OF EIGHTEEN YEARS. Mr. Bouman reported that this ordinance would create a curfew which would prohibit minors from loitering in public places after the hour of 10:00 p.m. He pointed out that it would not prohibit minors from being out after 10:00 p.m. if they were going to or from a place of entertainment, home, etc. The proposed ordinance had been written around an existing Riverside County Ordinance and would enable the law enforce- ment people to restrict loitering and possible mischievous conduct especially during school vacation times. Mayor Wilson asked about the enforcement of such an ordinance and holding the parents responsible. Deputy City Attorney Jeff Patterson stated that it might be difficult with the first offense. However, after parents have been cited once, it would be hard to hold them blameless and ignorant of the situation a second or third time. Councilman Puluqi moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 240 to second reading. Motion carried unanimously with the members present. For Adoption: A. 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. Bouman reported that this was the second reading of the ordinance and that no further input had been received. Councilman Newbrander moved and Councilman Puluqi seconded to waive further reading and adopt Ordinance No. 239. Motion carried on a 3-0-1-1 vote with Mayor Wilson ABSTAINING and Mayor Pro-tem McPherson ABSENT. B. 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. Bouman reported that this was the second reading of the ordinance. However, since first reading, it was found that the ordinance conflicted with the City's Flood Ordinance. To correct this, Staff recommended reintroducing the ordinance for first reading with the following addition: Section 4: DELETION. That Section 301(b) is hereby deleted in its entirety. All subsequent sections would then be renumbered. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and pass Ordinance No. 238 as amended to second reading. Motion carried unanimously with the members present. January 8, 1981 Page 5 MINUTES REGULAR CITY COUNCIL MEETING XI. CONSENT ITEMS HELD OVER H. LETTER REQUESTING APPROVAL OF DELI FOOD STORE at 73-703 Highway 111 from Mr. William R. Hammond. Councilman Snyder stated that Staff had been directed to investigate and prepare a finding relative to the parking problems the City is experiencing especially those along the Frontage Road. The Director of Environmental Services had prepared such a report and had made an excellent presen- tation during Study Session. Councilman Puluqi moved to administratively approve the request from Mr. Hammond to be in conformance with the proposed changes in the ordinance as set forth in the report from the Director of Environmental Services. Mayor Wilson seconded the motion. Motion carried on a 3-1-1 vote with Councilman Newbrander voting NO and Mayor Pro-Tem McPherson ABSENT. ir. Bob Pitchford, 73-960 El Paseo, Palm Desert, addressed Council as owner of the offices on 73-960 and 73-970 El Paseo. He stated his feelings that owners of buildings which were first built on El Paseo were now being penalized in that expansion was being limited by the parking requirements. Mr. Diaz stated that the buildings Mr. Pitchford was talking about and others in similar situations were not being permitted to expand until such time as the entire parking area had been occupied and the results known. Mayor Wilson stated that Council did encourage upgrading of older buildings and would look at both sides of the situation during review of the parking requirement revisions. XII. NEW BUSINESS A. PETITION FROM THE SILVER SPUR RANCH (TRACT NO. 2521) REQUESTING THE CITY TO PAY ENERGY COSTS FOR 3 NEW Srxtti LIGHTS TO BE INSTALLED IN THEIR AREA. Mr. McClellan stated that this was a standard procedure when residents request and pay for the installation of a street light. It is then common for the city to pick up the charges. for the electricity. He recommended approval. Mr. Eddie Forrest, 48301 Birdie Way, addressed Council and expressed as Secretary/Treasurer of the Silver Spur Ranch 2521 Association their concurrence with the Staff recommendation. Councilman Newbrander moved and Councilman Snyder seconded to approve the request and authorize payment of energy costs for three specified street lights in Tract No. 2521. Motion carried unanimously with the members present. B. REQUEST FOR APPROVAL OF CHANGE ORDER FOR CONTRACT NO. 1037, STREET RESURFACING CONTRACT - 1980-81. Mr. Bouman reported that two things had occurred in the completion of this contract. 1) extra asphalt was required in some areas where precise measurements were not made; 2) several locations required additional tonnage for flood protection. Councilman Puluqi moved and Councilman Newbrander seconded to approve Change Order No. 1 for Contract No. 1037. Motion carried unanimously with the members present. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None MINUTES REGULAR CITY COUNCIL M !INC ;'c * ;. * .. .. k :: * k k * .. .. :'c * ;'c * k :'c :c * * * * * * ;'c * .. :'c * :'c :° :: * XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1 1. Mr. Bouman reported that the City Council had authorized the advertising for bids for a flatbed truck. Bids had been received with the low bidder being Magruder Chevrolet at $7,495. Councilman Puluqi moved and Councilman Newbrander seconded to award the bid to Magruder Chevrolet in the amount of $7,495. Motion carried unanimously with the members present. 2. PROMOTION OF CITY IN PALM SPRINGS LIFE Mr. Bouman reported that the February issue of Palm Springs Life would carry a special section on El Paseo in Palm Desert to be paid for by the merchants. The City has been approached for additional advertising to be located on the back page of the special section which would promote the entire city in general. The cost would be approximately $2,700 and the budget includes $8,000 for this type of promotion. Councilman Snyder moved and Councilman Puluqi seconded to approve the expenditure of $2,700 for promotional advertising in Palm Springs Life Magazine February issue. Motion carried unanimously with the members present. 3. Mr. Bouman requested Council adjourn to Executive Session immediately upon completion of the Agenda for the purpose of discussing pending litigation and one personnel matter. XVII. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Newbrander commended the Street Landscaping Committee for their work and for coming up with a list of improvements. She said that they had been meeting very faithfully and their dedication was shown by their presentation tonight. Councilman Snyder stated his concurrence. Mayor Wilson announced that the outdoor shopping mall/mid block parking lot would be dedicated by Former President Gerald Ford as "Presidents' Plaza" at 4:30 p.m. on Thursday, January 15, 1981. He invited everyone to attend the gala celebration which would include the Marine Corps Marching Band, "Celebration" from the College of the Desert, and other entertainment. He asked that everyone note the future meetings Listed on the Agenda. ADJOURNMENT Councilman Newbrander moved and Councilman Puluqi seconded to adjourn to Executive Session. Motion carried unanimously with the members present. Mayor Wilson adjourned the meeting at 8:11 p.m. Mayor Wilson reconvened the meeting at 9:25 p.m. and immediately adjourned with no action being taken. ATTEST: " 4/ 1 __Z /4'-„er SHEILA R. `GItLIGAN, . CJtTY CLERK t WIL N , MAYOR,' January 8, 1981 Page 7 MINUTES REGULAR CITY COUNCIL MEETING * :: * a * * :': *I: * EXHIBIT "A" PALM DESERT BEAUTIFICATION COMMITTEE December 16, 1980 Honorable S. Roy Wilson, Mayor City of Palm Desert Palm Desert, CA 92260 Dear Sir: Because of the broad scope of the assignment given to the Palm Desert Beauti- fication Committee we feel it is imperative to report our findings as we reach final recommendations for the various phases. To wait until we had final recommendations on all phases would delay the implementation of greatly needed improvements. We recommend immediate action on the three following items: 1) Have the City Maintenance Department, alonrj with help from the County and volunteers, immediately weed and clean up the center islands. The City Maintenance Department should organize and coordinate this project. 2) Declare as Commercial Protective Scenic routes, Avenues 42-and 44, and Monterey Road. 3) Since Highway 111 through Palm Desert is the greatest eyesore of our community, we recommend that the City immediately plan on curbing the center islands based on the plans submitted in 1971, but after reviewing them to bring them up to date with current Cal Trans re- quirements. Width of the roadways should be planned so that there may eventually be three lanes in each direction. Water lines should be stubbed under the curbs for those islands not now having water. The study of how to fund this curbing of the center islands should begin immediately based on estimated costs rather than waiting until some accurate costs are known from the final plans. Further recommendations as to the treatment of the center section of Highway 111, the treatment of the North and South sides of Highway 111, and all other areas of interest will he submitted as conclusions can be reached. We wish to stress that the center of 1l1 is the starting point but in no way the ending point of the beautification of Highway 111. Respectfully, Marian Henderson Chairman • January 8, 1981 Page 8