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HomeMy WebLinkAbout1981-03-12MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 12, 1981 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;': I. CALL TO ORDER Mayor Wilson called the Regular City Council Meeting to order at 7:00 p.m. on Thursday, March 12, 1981, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder. III. INVOCATION - Mayor S. Roy Wilson IV. ROLL CALL Va. Members 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 David J. Erwin, 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 A. PROCLAMATION DECLARING THE WEEK OF MARCH 15TH - 21ST, 1981, AS "VOLUNTEER FIRE FIGHTER WEEK". Mayor Wilson read the proclamation and extended the Council's sincere thanks to the volunteers working in the Fire Department. Mr, Phil Altpeter accepted the proclamation on behalf of the Volunteer Fire Department and announced their fund-raising drive. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of the City of Palm Desert of February 26, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 81-083. Rec: Approve as presented. C. REQUEST FOR LEAVE TO PRESENT LATE AMENDMENT TO CLAIM ON BEHALF OF STACEY ANN SIMMONS, Ll-uubJINE BAUDOIN, AND LINDA DESROSIERS. Rec: Deny the request. March 12, 1981 Page 1 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR (Continued) D. RESOLUTION NO. 81-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE RIVERSIDE COUNTY ARTS PLAN AS PREPARED BY THE GREATER RIVERSIDE ARTS FOUNDATION. Rec: Waive further reading and adopt. E. LETTER OF RESIGNATION FROM ERIC A. JOHNSON FROM THE DESIGN KEVILW BOARD. Rec: Accept with regrets. F. PETITION FROM SHADOW MOUNTAIN ESTATES PROPERTY OWNERS Requesting the City's Arrangement of an Assessment District to Finance Curbs and Gutters in that Area. Rec: Refer to Staff for processing of the formation of an Assessment District. Councilman Newbrander moved and Councilman Snyder seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VII. ORAL COMMUNICATIONS - A MR. FREDERICK THON, 45-390 Garden Square, Palm Desert addressed the Council and gave an update on the Palm Desert Seniors Associa- tion. He detailed their goals and objectives and announced that the following had been named to the Board of Directors: Mr. Hank Clark, Ms. Jean Jollenbeck, Ms. Jean Anne Hirschi, Mr. Duke Baker, Mr. Joe Benes, and Mr. George Sweet. VIII. PUBLIC HEARINGS A. CASE NO. TT 14997, T & D INVESTMENTS/PRO-CON DEVELOPMENT, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF AN 18-MONTH TIME EXTENSION FOR A 24-LOT TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 20 CONDOMINIUM UNITS, RECREATIONAL AREA AND COMMON OPEN SPACE ON APPROXIMATELY 4.5 ACRES WITHIN THE PR-5 (PLANNED RESIDENTIAL, 5 D.U./AC.) ZONE, GENERALLY LOCATED AT THE SOUTH SIDE OF HOVLEY LANE, 2,500 FEET EAST OF MONTEREY AVENUE. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report stating that the request was in conformance with both City and State requirements. Staff recommended approval of the request. Mayor Wilson invited input from the applicant. MR. ED YEAGER, Wagner Stanford & Associates, addressed Council on behalf of the applicant and stated 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 Snyder moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 81-38, approving an 18-month time extension for TT 14997. Motion carried unanimously with the members present. March 12, 1981 Page 2 MINUTES REGULAR CITY COUNCIL MEETING * :c * :ti * :': * * * * * * * * * * * * k * * * * * * * * * :c * * * * * VIII. PUBLIC HEARINGS (Continued) B. CASE NO. GPA 01-80, CITY OF PALM DESERT, APPLICANT: CONSIDERA- TION OF CERTIFICATION OF ENVIRONMENTAL IMPACT REPORTS AND APPROVAL OF GENERAL PLAN UPDATE FOR THE CITY OF PALM DESERT. Mayor Wilson declared the Public Hearing open and asked for Staff's Report. Mr. Diaz reviewed the report in detail, outlining all of the proposed changes and Staff's justification for recommending them. He noted a letter from Desert Peoples United wherein they indicated a concern for a shortage of water becoming a problem in the Coachella Valley as development continued. Mayor Wilson asked for an explanation on why the zoning on Deep Canyon had been revised to straight commercial from Deep Canyon east to the City limits, why there had been a reduction in size and designation of the sand dune park, and why Cook Street north of Country Club Drive had been changed to reflect a higher density. Mr. Diaz gave Staff's ustification for such changes. Mayor Wilson invited input from the public relative to the pro- posed changes. MR. BERNARD SOLOMON, 73-185 Irontree Drive, Palm Desert, addressed the Council in support of rezoning the property at Deep Canyon and Highway 111 to straight commercial. MR. JEFF GARY, 74-880 San Simeon, addressed the Council relative to property at Painters Path and requesting that it be rezoned straight commercial. MR. JOSEPH E. RAMKIN, 73-700 Duvall Road, Rancho Mirage, addressed the Council as one of the property owners of the acreage located at Deep Canyon and Highway 111. He requested a zone change to commercial for that property. Mayor Wilson declared the Public Hearing closed. Council discussed the changes. At the request of Mr. Solomon, Mayor Wilson declared the Public Hearing open again. Mr. Solomon outlined the improvements of major cost that the developers would be required to make if the Deep Canyon and Highway 111 property were developed. Councilman Puluqi stated that he desired more time to review the proposed amendments. Council agreed that the document was lengthy. Councilman Puluqi moved and Councilman Newbrander seconded to continue the Public Hearing to the meeting of March 26, 1981. Motion carried unanimously with the members present. IX. RESOLUTIONS A. RESOLUTION NO. 81-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING CONSIDERATION OF LOCAL FLOOD PROBLEMS BY THE COUNTY OF RIVERSIDE WITH REGARD TO THE RANCHO BELLA VISTA DEVELOPMENT. Mr. Bouman advised that the representative of the developer of this project had approached him prior to the meeting and expressed concern over some of the wording in the resolution. Since the matter will not be heard by the County until April 8th, he requested the item be continued to the meeting March 12, 1981 Page 3 • MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * ;: * * * * * * * IX. RESOLUTIONS (Continued) A. RESOLUTION NO. 81-41 (Continued) of March 26, 1981. Councilman Puluqi moved and Mayor Wilson seconded to continue the item until the meeting of March 26, 1981. Motion carried on a 3-1-1 vote with Councilman Newbrander voting NO and Councilman McPherson ABSENT. B. RESOLUTION NO. 81-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1980-81 BUDGET TO PROVIDE FOR THE CITY'S SHARE OF THE IMPROVEMENT OF THE INTERSECTION OF COOK STREET AND 44TH AVENUE. Mr. Bouman reported that in cooperation with the City of Indian Wells, street improvements were being made at Cook Street and 44th Avenue. The City's share would be approxi- mately $600.00, and the proposed resolution would authorize and appropriate such expenditure. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 81-42. Motion carried unani- mously with the members present. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 249 - 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 R1, 12,000 (RIVERSIDE COUNTY ZONE) TO R.M. (UA) (MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESIDENTIAL DISTRICT, UPON ANNEXATION) AND PC (2) (UA) (DISTRICT COMMERCIAL CENTER, UPON ANNEXATION) AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 646 UNIT MOBILE HOME SUBDIVISION, LOCATED AT THE SOUTH- EAST CORNER OF PORTOLA AVENUE (EXTENDED) AND FRANK SINATRA DRIVE (EXTENDED) (NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 5, RANGE 6, EAST SAN BERNARDINO BASE). CASE NOS. C/Z 03-80 AND CUP 17-80. B. ORDINANCE NO. 250 - 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 ZONE) TO R.M. (UA) (MOBILE HOME PARK AND MOBILE HOME SUBDIVISION RESIDENTIAL DISTRICT, UPON ANNEXA- TION), LOCATED AT THE NORTHEAST CORNER OF PORTOLA AVENUE (EXTENDED) AND FRANK SINATRA DRIVE (EXTENDED). CASE NOS. C/Z 04-80 AND CUP 18-80. Mr. Bouman reported that these were both planning matters and that no further input had been received since their first reading. Councilman Puluqi moved and Councilman Snyder seconded to waive further reading and adopt Ordinance Nos. 249 and 250. Motion carried on a 3-0-1-1 vote with Mayor Wilson ABSTAINING and Councilman McPherson ABSENT. C. ORDINANCE NO. 251 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING, ADOPTING, AND DELETING CERTAIN SECTIONS OF CHAPTER 5.88 OF THE PALM DESERT MUNICIPAL CODE RELATING TO SOLICITING, HAWKING AND PEDDLING. Mr. Bouman reported that no further input had been received since the first reading of the ordinance. :4arch 12, 1981 Page 4 MINUTES REGULAR CITY COUNCIL 1..L ETING * k * * * * * :'c k * k * * * * .. * ., :'c k * * * :'c * * ., :c * ., * * * * * X. ORDINANCES (Continued) C. ORDINANCE NO. 251 (Continued) Councilman Newbrander moved and Councilman Snyder seconded to waive further reading and adopt Ordinance No. 251. Motion carried on a 3-0-1-1 vote with Mayor Wilson ABSTAINING and Councilman McPherson ABSENT. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF MASTER STATE AGREEMENTfor Federal Aid Projects and Supplement No. 1, tor Emergency Relief. Mr. Bouman reported that this was a bookkeeping matter in connection with federal assistance. In this case, it will enable us to be reimbursed $9,400 in federal aid from flooding almost a year ago. Councilman Puluqi moved and Councilman Snyder seconded to waive further reading and adopt Resolution No. 81-43. Motion carried unani- mously with the members present. B. REQUEST FOR AWARD OF CONTRACT for the Abatement of Public Nuisances. Mr. Bouman reported that this contract would allow the City to have lots cleaned that have been declared a public nuisance or hazard. Bids were received and Wm. A. Huxley, Jr. was the low bidder. Councilman Newbrander moved and Councilman Puluqi seconded to award the contract to William A. Huxley, Jr., low bidder. Motion carried unanimously with the members present. XIII. CONTINUED BUSINESS - None XIV. OLD BUSINESS - None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER RESOLUTION NO. 81-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE APPLICATION FOR 1980 STATE GRANT MONEYS FOR THE PALM DESERT SPORTS COMPLEX. Mr. Bouman reported that this resolution authorized staff to submit an application for park bond funds from the 1980 State Grant Land Uses Act and if we are successful in getting those funds, we would use them to help construct the sports complex on Cook Street. Councilman Puluqi moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 81-44. Motion carried on a 3-0-2 vote with Councilmen McPherson and Snyder ABSENT. (The record notes that Councilman Snyder had left the Council Chambers during discussion and voting on this item.) B. CITY ATTORNEY None March 12, 1981 Page 5 MINUTES REGULAR CITY COUNCIL MEETING n ): * * * k * :c * * * * * * * * * is .. * is * is * * * * %. * * :: * * n :: * * XVI. REPORTS AND REMARKS (Continued C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Puluqi asked about the acquisition of the gas station at the corner of Portola. Staff advised that it was being worked on. Mayor Wilson noted that there would be a Study Session of the City Council at 9:00 a.m. on Thursday, March 19th, in the Administrative Offices. He asked that everyone note the other Future Meetings listed on the Agenda. XVII. ADJOURNMENT Councilman Puluqi moved and Councilman Newbrander seconded to adjourn the meeting. Motion carried unanimously with the members present Mayor Wilson adjourned the meeting at 8:45 p.m. OYA LSON, MAYOR ATTEST: I( SHEILA R. GILLIGAN, CIT CLERK CITY OF PALM DESERT, C IFORNIA March 12, 1981 Page 6