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Home My WebLink About1981-07-23MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 23, 1981 CITY HALL COUNCIL CHAMBERS * ' ;; :: * I. City City V. VI. CALL TO ORDER Mayor Pro-Tem Newbrander called the Regular Meeting of the Council to order at 7:05 p.m. on Thursday, July 23, 1981, in the Hall Council Chambers. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson INVOCATION - Councilman Walter H. Snyder ROLL CALL Present: Councilman James E. McPherson Mayor Pro-Tem Alexis D. Newbrander Councilman Walter H. Snyder Also Present: Excused Absence: Councilman Romeo S. Puluqi Mayor S. Roy Wilson Martin J. Bouman, City Manager Jeff Patterson, Deputy City Attorney Carlos L. Ortega, Assistant City Manager Ray Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance AWARDS, PRESENTATIONS AND APPOINTMENTS None CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of July 9, 1981. Rec: Approve as presented B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 81-125, 82-011 and 82-012. Rec: Approve as presented C. MINUTES OF THE BUILDING BOARD OF APPEALS AND CONDEMNATION Meeting of July 9, 1981. Rec: Receive and file D. REQUEST FOR PARTIAL REFUND OF BUSINESS LICENSE FEE by Mr. Don Garner, 73-950 Santa Rosa Way, Palm Desert. Rec: Approve the Request under Prior Year Budget 01-4980. E. REQUEST FOR REFUND OF BUSINESS LICENSE APPLICATION by Mr. James Crisman, President, Kiwanis Club of Palm Desert. Rec: Approve the Request and Authorize the Refund from Account No. 01-4980. F. REQUEST FOR TIME EXTENSION on Improvement Agreements for Tract No. 13581-1, Chacahuala, Ltd. Rec: Approve the Extension of Time to April 23, 1981 MINUTES REGULAR CITY COUNCIL MEETING VI. CONSENT CALENDAR (Continued) Upon motion by McPherson, second by Snyder, the Consent Calendar was unanimously approved by those present. VII. ORAL COMMUNICATIONS None VIII. PUBLIC HEARINGS A. CASE NO. TT 14080 - T & D CALIFORNIA INVESTMENTS, Applicant' CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 47 CONDOMINIUM UNITS ON 9.5 ACRES WITHIN THE PR-5 (PLANNED RESIDENTIAL, 5 D.U./ACRE MAXIMUM DENSITY) ZONE, LOCATED ON THE NORTH SIDE OF HOVLEY LANE, 2,600' EAST OF MONTEREY AVENUE. Mayor Pro-Tem Newbrander noted that many of the items on the agenda had been discussed in Study Session earlier, but that no decisions were made. She declared the Public Hearing Open, and called for the Staff report. Mr. Diaz reported that a similar Tract Map for this site was approved by City Council in March of 1979 and an extension in March of 1980. Since both have expired, this application is being processed as a new application. He noted that the proposed subdivision meets all required findings of the Subdivision Map Act and is consistent with applicable general and specific plans. He recommended approval by adoption of Resolution No. 31-107. Mayor Pro-Tem Newbrander invited input from the applicant. MR. BRUCE STANFORD, Wagner -Stanford, 74-075 El Paseo, Palm Desert, spoke for the applicant, stating that his client had read all conditions and concurs with staff. Mayor Pro-Tem Newbrander invited input in FAVOR of the project, and none was offered. She invited input in OPPOSITION, and none was offered. She declared the Public Hearing closed. Upon a motion by McPherson, second by Snyder, Resolution No. 81-107 was unanimously adopted by those present, approving the request. f B. CASE NO. VAR 02-81 - HARRY M. BLACKFIELD AND ROBERT PITCHFORD, ASSOCIATES, Applicants. CONSIDERATION OF A REQUEST FOR AP- PROVAL OF A PARKING VARIANCE TO ALLOW A 2,004 SQUARE FOOT ADDITION TO THREE EXISTING BUILDINGS WITHOUT PROVIDING ADDITIONAL PARKING, LOCATED AT 73-960 AND 73-970 EL PASEO (PRESIDENTS' PLAZA EAST) WITHIN THE C1-SP (GENERAL COM- MERCIAL, SCENIC PRESERVATION OVERLAY) ZONE. (Continued from the meeting of June 25, 1981). Mayor Pro-Tem Newbrander noted the Public Hearing was still open and called for the Staff report. Mr. Diaz presented the staff report and recommended that no expansion be permitted in the area until the City has had an opportunity to evaluate the impact of parking in the Presidents' Plaza project for an additional season. He -- suggested if Council then decides to allow the addition, it should do so by code change rather than variance. Mayor Pro-Tem Newbrander invited input from the applicant. MR. ROBERT PITCHFORD,73-960 El Paseo, stated that his tenants need additional space and therefore requested approval of the variance. He noted that without the addition of square footagE they would not be able to remodel the building to conform to the rest of the buildings on El Paseo. He noted a discrepancy in the reported figures. July 23, 1981 Page 2 MINUTES - REGULAR CITY COUNCIL MEETING -- VIII. PUBLIC HEARINGS (Continued) B. VAR 02-81 Mayor Pro-Tem Newbrander invited input in FAVOR of the variance and no additional input was offered. She invited input in OPPOSITION, and none was offered. She declared the Public Hearing Closed. Councilman McPherson noted that there was a deficiency in parking long before the Redevelopment Agency put in the parking lot. He stated he would like to observe the parking for another year. Councilman Snyder questioned the difference in square footage figures as raised by Mr. Pitchford. Mr. Diaz responded that the figures were taken from the Proposition "A" Assessment List and that even with utilizing Mr. Pitchford's figures, there would be a large addition. Councilman Snyder stated his concern that any more building would add to a parking deficiency. He expressed his regrets to Mr. Pitchford, but agreed with Councilman McPherson to wait another season to observe the parking situation. Mayor Pro-Tem Newbrander shared the concerns about insufficient parking and suggested they not build beyond parking allowances. Councilman McPherson moved and Mayor Pro-Tem Newbrander seconded to waive further reading and adopt Resolution No. 81-95, denying the request. Motion carried unanimously with the members present. C. REQUEST FOR APPROVAL OF FORMATION OF ASSESSMENT DISTRICT NO. 81-3 (TRACT NOS. 12181-1 AND 12181-2), AND CONFIRMATION OF DIAGRAM AND PER PARCEL ASSESSMENT. Mayor Pro-Tem Newbrander declared the Public Hearing Open and asked for Staff's report. Mr. McClellan reported that this district was requested by Lewis Homes, the developer, and is similar to others in the City. Homeowners were informed of the assessment prior to buying. He stated the funds would be utilized to pay for operation and maintenance of street lights within the sub- division and also for landscaping maintenance on Portola. He recommended adoption of Resolution No. 81-108, ordering said request. Mayor Pro-Tem Newbrander invited input in FAVOR of the request and none was offered. She invited input in OPPOSITION and none was offered. She declared the Public Hearing Closed. Councilman McPherson moved and Councilman Snyder seconded to waive further reading and adopt Resolution No. 81-108. Motion carried unanimously with the members present. IX. RESOLUTIONS A. RESOLUTION NO. 81-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS TO LEVY A SPECIAL TAX PURSUANT TO SECTION 53978 OF THE GOVERNMENT CODE FOR FIRE PROTECTION AND PREVENTION SERVICES FOR FISCAL YEAR 1981/82. Mr. Ortega reported that this resolution would re -levy the fire tax which was approved by the voters in 1980. He noted .the tax would stay the same, which remains under the maximum approved. Upon motion by Snyder and second by McPherson, Resolution No. 81-109 was approved unanimously with the members present. July 23, 1981 Page 3 MINUTES REGULAR CITY COUNCIL MEETING X. ORDINANCES For Introduction: A. ORDINANCE NO. 268 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ISSUING A NON-EXCLUSIVE LICENSE TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE. Mr. Bouman requested this Ordinance be tabled in order to give more time to work out sufficient details to protect the citizens who live in the district. Upon a motion by McPherson, second by Newbrander, Ordinance No. 268 was tabled until a later date. Carried unanimously with members present. B. ORDINANCE NO. 266 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 8.29 TO THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A DEVELOPMENT FEE FOR FIRE PROTECTION FACILITIES AND EQUIPMENT. (Continued from the Meeting of June 25, 1981) Mr. Diaz noted a minor change in Section 2 of the previously read ordinance. He recommended Ordinance No. 266 be passed to second reading. Upon a motion by McPherson, second by Snyder, Ordinance No. 266, as amended, was unanimously passed to second reading. C. ORDINANCE NO. 269 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 15.24.060 OF THE PALM DESERT MUNICIPAL CODE INCREASING FILING FEES FOR APPEALS BEFORE THE BOARD OF APPEALS AND CONDEMNATION. Mr. Bouman stated that, though an increase in filing fees was appropriate and should be enacted by City Council, the City Attorney had determined that this request should be in the form of a Resolution. He recommended the Council take no action and staff will present a resolution at another time. Upon a motion by Snyder, second by McPherson and carried unanimously with the members present, Ordinance No. 269 was tabled. For Adoption: A. ORDINANCE NO. 267 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP BY CHANGING THE ZONE FROM R-1 (12,000) (RIVERSIDE COUNTY) TO PR-5 (U.A.) (PLANNED RESIDENTIAL 5 D.U./ACRE MAXIMUM DENSITY UPON ANNEXATION) FOR 3 PARCELS GENERALLY LOCATED NORTH OF COUNTRY CLUB DRIVE, WEST OF COOK STREET. CASE NO. C/Z 05-81 `1r. Bouman stated there was no further input since the first reading, and recommended adoption of Ordinance 267. Upon a motion by McPherson, second by Snyder, Ordinance No. 267 was adopted unanimously with the members present. XI. CONSENT ITEPIS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF A COMMUNITY DEVELOPMENT CITIZENS PAkICIPATION PLAN. Mr. Ortega recommended that, in response to the County's request for a Citizen's Participation Plan, the City Council appoint existing City committee and commission members to represent the citizens at large. He recommended approval of the Plan by Minute Motion. July 23, 1931 Page 4 MINUTES REGULAR CITY COUNCIL MEETING * * .. .• .. .. •♦ .. .. .. .♦ .♦ .. .♦ * .. .♦ * * .. * .• .♦ .♦ .. J; . J; i� .♦ .. .. XII. NEW BUSINESS (Continued) Upon a motion by McPherson, second by Snyder, the Community Development Citizens Participation Plan was approved unanimously by the members present. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS None XVI. REPORTS AND REMARKS A. CITY MANAGER - Mr. Bouman stated he had three additional items since the issuance of the agenda to present: 1. RESOLUTION NO. 81-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXTENDING THE FRANCHISE PAYMENT PURSUANT TO ORDINANCE NO. 62 RELATIVE TO THE ESTABLISH- MENT OF PROCEDURE FOR THE ISSUANCE OF A NON-EXCLUSIVE LICENSE TO CONSTRUCT, OPERATE, AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE. Mr. Bouman stated this resolution deals with the continuing 2% franchise fee on gross revenues of Coachella Valley Television He noted the franchise would be extended to April 1, 1983 and at that time would be presented again. Upon motion by McPherson, second by Snyder, Resolution No. 81-110 was adopted unanimously with the members present. 2. Mr. Bouman requested a motion to transfer an amount not to exceed $70,000 from the General Fund to the Community Develop- ment Fund in order to make a partial payment to Allred and Kyser for their work on Las Palmas and Royal Palm. Upon a motion by McPherson, second by Snyder, the transfer of not to exceed, Y70,000, to the Community Development Fund, was approved. 3. RESOLUTION NO. 81-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A LEASE AGREE- MENT BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR FIRE STATION NO. 67, LOCATED AT MESA VIEW DRIVE, PALM DESERT, CALIFORNIA. Mr. Bouman stated this resolution would authorize the Mayor and City Clerk to execute an agreement with the County for the lease of the Mesa View Fire Station. He recommended adoption so that the County can occupy the building. Upon a motion by McPherson, second by Snyder, Resolution No. 81-111 was unanimously adopted by the members present. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL None Page 5 July 23, 1981 MINUTES REGULAR CITY COUNCIL MEETING Mayor Pro-Tem Newbrander noted the future meetings. XVII. ADJOURNMENT Upon motion by McPherson, second by Snyder, Mayor Pro-Tem Newbrander adjourned the meeting at 7:53 p.m. ATTEST: 1 .fie `--DEL CLAUSSEN,-DEPUTY Y Ct ;ERK CITY OF PALM DESERT, ALIFORNIA ALEXIS D. NEWB' NDER, MAYOR PRO-TEM July 23, 1931 Page 6