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HomeMy WebLinkAbout1981-01-22MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 22 1981 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:00 p.m. on Thursday, January 22,1981, in City Hall Council Chambers II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tem James E. McPherson III. INVOCATION - Mayor S. Roy Wilson IV. ROLL CALL Present: 1 Mayor Pro-Tem 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 Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Ramon Diaz, Director of Public Works Barry McClellan, Director of Public Works Paul Byers, Director of Finance James Hill, Director of Building & Safety V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MR. JOHN KENNEDY TO THE CITY'S HISTORICAL COMMITTEE. Mayor Wilson announced that, with Council's concurrence, Mr. John Kennedy was appointed to the City's Historical Committee. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of January 8, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 51-065 and 81-071. Rec: Approve as presented. C. LETTER FROM VALLEY FIRST FEDERAL SAVINGS & LOAN ASSOCIATION, 74-075 El Paseo, Palm Desert, Requesting Consideration of Appropriate Action to Eliminate Parking Congestion at Their Facility. Rec: Refer to City Manager for study and recommendation. D. REQUEST FOR REFUND OF PRIOR YEAR'S REVENUES BY GEORGE PREST, 73-441 Little Bend Trail, for Overcharge of Building Excise Fee. Rec: Approve the request and authorize the refund from Account No. 15-4980-000. January 22, 1981 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * ;: ** * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR (Continued) E. REQUEST FOR REFUND OF PRIOR YEAR'S REVENUES BY D. L. BALCH, 43-620 Acacia, for Overcharge of Building Excise Fee. Rec: Approve the request and authorize the refund from Account No. 01-4980-000. F. REQUEST FOR APPROVAL OF FINAL PARCEL MAP NO. 14768, LEWIS HOMES OF CALIFORNIA, APPLICANT. Rec: Waive further reading and adopt Resolution No. 81-8, approving Final Parcel Map No. 14768. G. REQUEST FOR FINAL APPROVAL OF CONTRACT NO. 1036, WILLOW STREET CURB AND GUTTER IMPROVtrtN1 S . Rec: Accept the work as complete and authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. Councilman Puluqi moved and Councilman Newbrander seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. REQUEST FOR CONFIRMATION OF PER PARCEL ASSESSMENTS FOR WILLOW STKht 1 IMPROVEMENT PROJECT - CHAPTER 27. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Bouman reported that in action taken under the Consent Calendar, the Council had accepted the work as complete and satisfactory for the Willow Street Improvement Project. The action now being requested was confirmation of the assessments to each property owner. He stated that six of the nine owners had agreed to pay and that three of the nine had already made payment. He noted that the action should be taken by Resolu- tion No. 81-16 which had been distributed to the Council in Study Session. 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 Snyder seconded to waive further reading and adopt Resolution No. 81-16. Motion carried unanimously. B. REQUEST FOR CONFIRMATION OF PER PARCEL ASSESSMENTS FOR THE ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Bouman reported that this dealt with the abatement of weeds and other nuisances on private property where the City had contracted for the cleanup work and now the owner was being assessed the cost. He noted a change in the pro- posed resolution to delete Parcel Nos. 627-312-003-8 and 627-071-024-3 in that payment had been received from those owners. 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 January 22, 1981 Page 2 MINUTES REGULAR CITY COUNCIL M—TING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. PUBLIC HEARINGS (Continued) B. (Continued) Councilman Snyder moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 81-9 as amended. Motion carried unanimously. C. CASE NO. C/Z 01-80, C. ROBERT HUBBARD, J. E. RAPKINI B. SOLOMON, APPLICANTS: CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-5 N, S.P. (PLANNED RESIDENTIAL, 5 D.U./AC., MAXI- MUM DENSITY NATURAL FACTORS/RESTRICTED DEVELOPMENT AND SCENIC PRESERVATION OVERLAY) (4.6 ACRES) TO C-1 N, S.P. (GENERAL COM- MERCIAL) AND FROM PC (4), S.P. (PLANNED RESORT COMMERCIAL, SCENIC PRESERVATION OVERLAY) (7.3 ACRES) TO C-1 N, S.P. AND FROM PR-5 N (1.3 ACRES) TO PC (4) N, S.P. AND FROM PR-5, N (.44 ACRES) TO C-1 N, S.P. AND CERTIFICATION OF A FINAL ENVIRON- MENTAL IMPACT REPORT AS IT PERTAINS THERETO FOR A PORTION OF 30 ACRES LOCATED AT THE NORTHEAST CORNER OF HIGHWAY 111 AND DEEP CANYON ROAD. l Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reported that subsequent to the advertising of this Public Hearing, Staff had received an appeal on the Planning Commission's approval of the development plan and C.U.P. relating to this case. After lengthy discussion with the City Attorney, Staff would like to change their recommendation to continue the public hearing until February 12th at which time the appeal will be heard. Thus all items pertaining to this one request could be heard at one time. Mayor Wilson stated that this had been discussed in Study Session and that since most of the testimony to be given related to the development plan and Conditional Use Permit and not the zoning, it was felt by the Council to be more appropriate to hear it all at one time. MR. PETER LIGITT, 682 Monica Circle, Palm Desert stated that he agreed it might be less confusing. MR. BERNARD SOLOMON, 48-842 Casin, Palm Desert, addressed Council on behalf of the applicant and stated that while they had no objection to the continuance, they would like to encourage a final decision at that meeting. He pointed out that they had entered into an escrow 2-1/2 years ago, and each delay was costing them money. MR. RICHARD Kuxhaus, Los Angeles, addressed Council as a part-time Palm Desert resident and in favor of rezoning the property for commercial use. Councilman McPherson moved and Councilman Snyder seconded to con- tinue the Public Hearing to the meeting of February 12, 1981, at which time is would be the first scheduled Public Hearing. Motion carried xnanimously. Mayor Wilson noted that the Council had each received 1 copy of a letter from Mrs. Carlene H. Goudswaard, 44-755 Deep Canyon toad, Palm Desert and stated that it would be considered at the February 12th Meeting. D. CASE NO. TT 14998 (RENEWAL), KAUFMAN AND BROAD HOMES, INC., APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTA- TIVE TRACT MAP TO ALLOW THE CONSTRUCTION OF A 22 DWELLING UNIT CONDOMINIUM PROJECT AND ASSOCIATED RECREATIONAL AMENITIES ON 5 GROSS ACRES WITHIN THE PR-5 ZONE (PLANNED RESIDENTIAL, 5 D.U./ACRES MAXIMUM DENSITY) LOCATED AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND HOVLEY LANE. Mayor Wilson declared the Public Hearing open and asked for Staff's report. January 22, 1981 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * is * :f * * * :: * * * * * * * * * * * * * * :A: :: * :Y * * * * * * * * * * * VIII. PUBLIC HEARINGS (Continued) D. (Continued) Mr. Diaz reviewed the Staff Report, pointing out that the proposal had been previously approved but that it had expired. Therefore, it had to be resubmitted. He stated that the Planning Commission had approved the request and that Staff also recommended approval. Mayor Wilson invited input from the applicant. Mr. Ken Glandt, 18902 Bardino, Irvine, California, addressed Council stating their 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 McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 81-11, approving Tentative Tract No. 14998. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 81-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE TERMS OF AN AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR FIRE PROTECTION SERVICES. Mr. Bouman stated that the proposed resolution and agreement it refers to culminated 8-9 months of negotiations with the County of Riverside regarding joint and unified fire protec- tion not just in our city but in Rancho Mirage, Indian Wells, and the unincorporated areas of the County. He stated that the first part of the agreement dealt with a cooperative agreement in which we agree on the part of the City to pay for services of an additional 12 firemen and the County agrees to provide an additional $181,000 worth of services to the three cities. He reviewed the provisions of the second part of the agreement which dealt with the leasing of the City's snorkel truck to the County. Councilman Newbrander stated that she knew that this had taken a great deal of hard work by staff. She felt that the Council must approve it. Mayor Wilson echoed the statements made by Councilman Newbrander. Councilman Snyder moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 81-12. Motion carried unanimously. B. RESOLUTION NO. 81-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE TERMS OF A LEASE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE DESERT SANDS UNIFIED SCHOOL DISTRICT FOR USE OF A PORTION OF THE DISTRICT'S HIGH SCHOOL SITE" FOR A SPORTS COMPLEX. Mr. Bouman stated that this agreement would allow the City to develop 15 acres of land on what is known the "High School Site" for a sports complex. The resolution approves the terms and conditions of a lease agreement with the Desert Sands School District, said agreement having been prepared by the County's Counsel. It was originally started as a memorandum of understanding. He concluded his report by stating that hopefully construction would be under way next fall. Councilman Puluqi moved and Councilman Snyder seconded to waive further reading and adopt Resolution No. 81-13; carried unanimously. i January 22, 1981 Page 4 MINUTES REGULAR CITY COUNCIL 1 TING * `iC * :: * * * * * * * 7. * * * * * * * 7: * * * .. * * * * * * * * :: :: * * IX. RESOLUTIONS (Continued) C. RESOLUTION NO. 81-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE CAPITAL IMPROVEMENT PROJECT SECTION OF THE 1980-81 CITY BUDGET. Mr. Bouman reviewed the Capital Improvement Program mid- year budget amendments as proposed in detail. He pointed out that should the Council so desire to adopt the amend- ments, the Resolution and attached exhibit should be amended to reflect the sum of $40,000 (rather than $50,000) for Street Resurfacing as stated in Section 3 of the resolu- tion. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 81-14 as amended. Motion carried unanimously. D. RESOLUTION NO. 81-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ENUNCIATING A POLICY AS TO CHANGE ORDERS UNDER CITY CONTRACTS AND MAKING A LIMITED DELEGA- TION OF AUTHORITY TO APPROVE CHANGE ORDERS. Mr. Bouman stated that this was an administrative housekeeping matter which would allow the City Manager to administratively approve change orders for contracts, but not to exceed 10% of the originally calculated contract amount. The City Manager would be further required to report any approvals to the Council. The purpose of this policy would be to enable staff to expedite contractual work without having to wait for Council meetings for approvals. Councilman Snyder stated that he felt the City Manager should have that authority and that further, he felt staying within 10% on any contract in this day was a great accomplishment. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 81-15. Motion carried unani- mously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 242 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AND DESIGNATING CHAPTER 18 OF THE PALM DESERT MUNICIPAL CODE AS THE "PALM DESERT MECHANICAL CODE" WITH CERTAIN ADDITIONS, DELETIONS, AND AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND CONDITIONS SET FORTH IN THAT CERTAIN CODE ENTITLED, "UNIFORM MECHANICAL CODE, 1979 EDITION", INCLUDING THE APPENDICES THEREIN CONTAINED PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. B. ORDINANCE NO. 243 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE THE 1979 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, HEREINAFTER DESIGNATED AS CHAPTER 21 - PALM DESERT MUNICIPAL CODE. Mr. Bouman reported that these ordinances were more in a series being presented by the Building Department to bring our Municipal Code up to date with State law. Councilman McPherson moved and Councilman Snyder seconded to waive further reading and pass Ordinances 242 and 243 to second reading. Motion carried unanimously. January 22, 1981 Page 5 MINUTES REGULAR CITY COUNCIL MEETING * :: * :: :'C * * * * :: * :'C * * * * * * * * * :: * * * * * * iE * * * * * * * * * X. ORDINANCES (Continued) For Adoption: 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. 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. 238. Motion carried unani- mously. B. 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 was the second reading of the ordinance and that no further input had been received. Councilman Puluqi moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 240. Motion carried unanimously. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER None 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. No other reports or remarks were offered by the Council. January 22, 1981 Page 6 MINUTES REGULAR CITY COUNCIL MEETING XVII. ADJOURNMENT Councilman Puluqi moved and Councilman McPherson seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Wilson adjourned the meeting at 8:47 p.m. 0 LL2ON ��tAYOR / ATTEST: i HEILA R. GILLT AN, CITAYRK CITY OF PALM DESERT, C RNIA January 22, 1981 Page 7