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HomeMy WebLinkAbout1974-12-05CITY COUNCIL MEETING DECEMBER 5, 1974 PALM DESERT MIDDLE SCHOOL CALL TO ORDER PLEDGE INVOCATION ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY B. CLARK Absent: None Others Present: City Manager - Harvey L. IIurlburt City Attorney - Dave Erwin Dir. of Environmental Services - Paul Williams VI. APPROVAL OF MINUTES A. Minutes of the Regular City Council meeting of November 14, 1974 were approved as submitted. VII. CONSENT CALENDAR A. Petition objecting to tennis courts at Alamo & Bel Air Road Action: Received and City Manager appropriate reply B. Application for Alcoholic Beverage Lindo Restaurant Action: Received and filed directed to make an License from Cielita C. Petition from Joshua Tree Street residents re street paving Action: Received and City Manager directed to make an appropriate reply Councilman Aston moved, Councilwoman Benson seconded that the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARING A. Tentative Tract 6259 - C. G. DUNHAt1 - Consideration of tentative tract for 12-lot subdivision covering 3.22 acres located along the north side of Grapevine and the east side of Burroweed Lane. R-2-8000. Also, a letter from the Shadow Mountain Golf Club dated 11/25/74 objecting to the continuance of Burroweed Lane through to Grapevine The Mayor opened the hearing. Mr. Williams said this request was reviewed by the Planning Commission and they recommended approval subject to a number of conditions as specified in Plannin; Commission Resolution No. 17. A letter from the Shadow Mountain Golf Club had asked for an alternative to be found in lieu of the extension of Burroweed Lane. A cul-de-sac had been proposed which would be extended approximately 125' from the noint it now extends which would provide adequate turn -around for rubbish trucks. Three addi- tional units would be constructed which would also use Burroweed Lane. Mr. Curt Dunham, 71-888 Vista Del Rio, Rancho Mirage, applicant, asked to defer his comments until after the people objecting to the through street presented their case. He stated he had agreed to the cul-de-sac approach. Mr. Tom Paulsen, attorney representing the Shadow Mountain Golf Club, said they had no objection to the new plan for the extension of the cul-de-sac as indicated by Mr. Dunham. 24 out of the pr@§ent 27 residents on Burroweed Lane have signed a petition which he Filed with the City Manager in favor of the cul-de-sac. He said Burroweed is a substandard street and to make it a through street would create a hazardous situation. The present development consists of mostly single car garages and parking for additional automobiles visiting or owned by the present residents creates a real problem on the narrow street. The users operate 175 golf carts and 60 hand - pulled carts. There are cart crossings between fairways 1 and 4 and 7 and 8. These are easements and have been used this way for a number of years. The visibility is not good on this street and to increase the traffic would create a real hazard and make a dangerous situation. Mr. Gordon Lyons, 46-100 Burroweed Lane, said the 24 owners of property on Burroweed endorse everything stated by Mr. Paulsen. According to Mr. Williams, the third alternative would be to instruct staff to prepare a revised Resolution of approval embodying the concept of the cul-de-sac at the Council meeting of December 12. There were no opponents to the project as amended. Mr. Dunham requested that the Council adopt the amended map with the cul-de-sacs and set for rehearing on December 12. Councilman Brush said there were presently no markings on the easements across the road. He thought staff should be instructed to see that some formal markings be installed for protection of those crossing the streets. Councilwoman Benson asked if a no parking sign could be put in at the cul-de-sacs. Mr. Williams said the cul-de-sac is being designed as no parking and it would be the responsibility of the developer to designate street markings to that effect. The 3 additional units would have 2-car garages. One lot has sufficient area for off-street parking. Mr. Dunham said they had done no planning but they have ample room, with 16,000 square feet. Something will be worked out with the Architectural Review Board to the satisfaction of everyone. The Mayor closed the hearing. 2 Councilman McPherson moved that this matter be referred to staff for preparation of a revised resolution of approval embodying the cul-de-sac, for presentation on December 12. Motion seconded by Councilwoman Benson and carried unanimously. IX. ORDINANCES For Adoption: A. ORDINANCE NO. 58 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REGULATING TAXICABS AND RENT CARS Councilman McPherson moved, Councilman Aston seconded vrther reading be waived and that ORDINANCE NO. 53 be adopte... Motion carried unanimously. B. ORDINANCE NO. 60 - AN ORDINANCE OF THE CITY OF PALM DESERT, PERTAINING TO TAXING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF PALM DESERT, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE AND PRO VI')ING A PENALTY FOR VIOLATION THEREOF Mr. Hurlburt said letters of objection had been received from the Southern California Gas Company and the Southern California Edison Company. He recommended keeping on the time schedule for January 1, 1975 and that on the matter of utility companies,staff be allowed to do some further study on how this is handled in other cities and an amendment could later be effected if changes were desired. Mayor Clark said this is not a public hearing but since it is a serious matter to the Council and to the people in the community, he asked if anyone in the audience would like to comment briefly on this ordinance before the Council takes action. Lyman Martin, 73-218 Fiddleneck, said he had had his ear to the street and submitted a petition with 91 signatures asking for a 30-60 day delay on the second reading of this ordinance. He said the Chamber had voted against the endorse- ment of it. Bob Solis, reported that at a Citizens Advisory Committee meeting a motion was voted upon recommending to the City Council that they take more time for further study. Joe Benes, President of the Chamber of Commerce, said he was speaking as a member of the Chamber. He said the vote was by a 6 to 5 majority not to endorse this particular ordinance and that immediately after voting no motion was made to oppose the ordinance and they did unanimously laud the city for its work. Councilman McPherson reminded Mr. Martin that at least two of the Council were businessmen and thinks everyone is opposed to a business license ordinance , but recognize the need for one and that most cities have one. He said he also had his ear to the street and that he could get a petition with 91 signa- tures in favor of it. Councilman Brush commented that it had been reported that some of the signatures were obtained as a result of a statement that had been made that if a business license ordinance were passed, books could automatically be audited, which is incorrect. 3 Councilwoman Benson said there was ample publicity that this ordinance was being formulated for months, with the Chamber working on it, and that not more than 1 or 2 people at the most ever showed up at a meeting to object to it. Councilman McPherson said if anyone has any reservation they should stop by City Hall and pick up a copy. It had been studied for at least 2 months. He said there probably are some failings which can be corrected; it is not completely closed and is subject to amendment. Councilman Brush moved, Councilwoman Benson seconded that further reading be waived and that ORDINANCE NO. 63 be adopted. Councilman McPherson asked if the motion could be amended to include direction to staff for further study of the section regarding utilities. Councilman Brush and Councilwoman Benson accepted the amendment. Motion carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None C. ORDINANCE NO. 62 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING THE PROCEDURE FOR THE ISSUANCE OF A NON-EXCLUSIVE LICENSE TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE Councilman Aston moved, Councilman McPherson seconded that further reading be waived and that ORDINANCE NO. 62 be adopted. Motion carried unanimously. D. ORDINANCE NO. 59 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, COMBINING THE OFFICES OF CITY TREASURER AND FINANCE DIRECTOR Mr. Hurlburt commented this was the final and third reading as modified at the last Council meeting. He said if the ordinance were adopted, a Council member should be designated for the Investment Committee. Councilman Aston moved, Councilwoman Benson seconded that further reading be waived and that ORDINANCE NO. 59 be adopted. Motion carried unanimously. Councilman McPherson moved that Mayor Clark be appointed as the Council member of the Investment Committee. Motion seconded by Councilman Brush and carried by the following vote: AYES: Aston; Benson; Brush; McPherson ABSTAIN: Clark For Introduction: A. ORDINANCE NO. 61 - AN ORDINANCE OF THE CITY • COUNCIL OF THE CITY OF PALM DESERT, RESTRICTING HOURS OF CONSTRUCTION Councilman McPherson said as a result of conversations with local building contractors they felt that 6:30 A.M. was one-half hour too late during the summer months and preferred 6:00 A.M. He recommended the period Monday - Friday, May 1 through September 30 be changed from 6:30 A.M. to 6:00 A.M. 4 Councilman McPherson moved that further reading be waived and that ORDINANCE NO. 61 be passed to second reading, with the above amendment of hours. Motion seconded '.;r Councilman Brush and carried unanimously. V. . AWARDS, PRESENTATIONS & APPOINTMENTS B. Mayor Clark presented a Resolution of appreciation for the services of Anthony Kane the past year and read the Resolution in full. Mrs. Kane was in the audience but declined to accept the presentation. A. Mayor Clark nominated Bob Brock as a replace- ment for Janis Dale who had resigned from the Citizens Advisory Committee. Councilwoman Benson seconded the nomination. Nomination carried unanimously. X. RESOLUTIONS A. RESOLUTION NO. 74-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AUTHORIZING AN ADVANCE PAYMENT TO THE PALM DESERT REDEVELOP- MENT AGENCY IN THE AMOUNT OF $70,000, SUCH PAYMENT TO BE TREATED AS A LOAN AND REPAID WITH INTEREST Mr. Nurlburt said any funds being advanced are funds which have been budgeted for this year. Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-100 be adopted. Motion carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None B. RESOLUTION NO. 74-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALI`1 DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Councilman Aston moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 74-104 be adopted. Motion carried unanimously. XI. CONTINUING BUSINESS A. Request for authorization to proceed with stage 2 of the engineering records system program Mr. Hurlburt asked that this item be continued until the next Council meeting when more information will be forthcoming from Wilsey & Ham. B. Designation of official City flower Councilwoman Benson presented a letter from Mrs. Marian Henderson of Desert Beautiful saying that a meeting with the Palm Desert Garden Club and the Roadrunner Garden Club had been held and their final decision on a choice of a City flower was unanimously made in favor of the desert verbena. Resolution No. 108 was presented. Councilwoman Benson moved, Councilman Brush seconded that the desert verbena be designated as the official flower for Palm Desert. Motion carried unanimously. C. Request for approval of a 1-year contractual agreement with the Palm Desert Post for the provision of official City advertising services Councilman Brush moved, Councilman Aston seconded that the agreement be approved and the Mayor be authorized to sign. Motion carried unanimously. XII. CONSENT ITEMS HELD OVER - None Mr. Cliff Henderson approached the podium and sked that the K-Mart decision be held over until January 10 so that he could pursue the possibility of acquiring 50 acres of the Ahmansen property to donate it to the City. He further submitted a petition signed by six persons questioning the accuracy of the Environmental Impact Report done on the K-Mart project in terms of its adequate citizen in -put. XIII. NEW BUSINESS F. Consideration of a contract with Massey Sand & Rock Co. in the amount of $3,063 for resolution of drainage problem on Abronia Trail & El Camino Councilman Aston moved, Councilman McPherson seconded that the contract be approved and that the City Manager be authorized to sign the contract. Motion carried unanimously. G. Request for authorization to contract for lot clean-up services on an annual basis Councilman Aston moved, Councilwoman Benson seconded that the City Manager be authorized to solicit bids for annual lot clean-up. Motion carried unanimously. H. Letter from Retired Senior Volunteer Program dated 11/11/74 re request for funding Councilman McPherson moved, Councilman Aston seconded that the request be denied and the City Manager be directed to advise Retired Senior Volunteer Program as to the reason for denial. Motion carried unanimously. I. Request from Student Council of the Palm Desert Middle School for the City Council to set high priorities on sidewalks and a bicycle path on Portola Avenue in the vicinity of the school Mr. Hurlburt said this would take a lot of study on the part of staff and asked that he be authorized to report to the students that we are in the process of studying this and will be coming back to the Council with a recommendation. Councilman McPherson said the student council should be advised that the area study would encompass from Highway 111 instead of Avenue 44. Councilwoman Benson thought it should also encompass south of Highway 111 to include Washington School. Councilman Aston moved, Councilman McPherson seconded that the matter be referred to staff for further study to include the area from Highway 111 to Lincoln School. Motion carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None 6 J. Request for inclusion in special County census in February of 1976. Councilman McPherson moved, Councilwoman Benson seconded that the City Manager be directed to file a letter of intent with the County of Riverside for inclusion in the special census of February 1976. Motion carried unanimously. Meeting recessed at 8:47 P.M. Meeting resumed at 8:54 P.M. A. Consideration of Annual Budget for Redevelopment Agency and Creation of Redevelopment Agency Administrative Fund Mr. Hurlburt said this is the second step after trans- ferring the $72,000 of budget funds to the administrative fund for the Redevelopment Agency. In this action the Council will be approving the budget, $61,000 from the general fund, and $11,000 from the SB 325 fund. Councilman Aston moved, Councilman McPherson seconded that the Annual Budget be approved by adoption of RESOLUTION NO. 74-106. Motion carried unanimously. B. Consideration of Agreement for City cooperation with Redevelopment Agency Mr. Reynolds explained that as the city gets into the Redevelopment Agency, there will be areas wherein the City Council and the City staff will have to inneract such as changes in zoning and the Agency utilizing portions of City staff time. The Agency will reimburse the City staff for services rendered. Councilman McPherson moved, Councilman Aston seconded that the agreement be approved by RESOLUTION NO. 74-105. Motion carried unanimously. C. Consideration of Redevelopment Survey Area Mr. Bill Garrett of Wilsey & Ham, said the second item after the program is adopted is to establish a survey area. He outlined the recommended survey area. Mr. Robert Ricciardi, 72-700 Highway 111, said the most blighted area in Palm Desert is not in the area, nor is the expensive R-1 area south of Highway 111. Mr. Garrett said it is not meant to be a residential type program but it is important to include the proposed cultural and civic center area. Councilman Aston moved, Councilman McPherson seconded that the Redevelopment Survey Area be approved by RESOLUTION NO. 74-107, subject to a portion of that area being amended by Highway 111 and the storm channel. Motion carried unanimously. D. Consideration of designation of newspaper for publishing purposes for Redevelopment Agency Councilman Aston moved, Councilman Brush seconded that the,Daesert Sun be designated as the official Agency newspaper and that the City Manager be directed to prepare an agreement for presentation at the next Council meeting 7 E. Consideration of a contract for Improvement District No. 1 with Wilsey & Ham, Inc. in the amount of $31,000 There was considerable discussion as to what is expected of the Improvement District. Mayor Clark nominated Councilmen Brush and McPherson to serve as a committee to bring recommendations for a solution to the next Council meeting. Councilman Brush seconded the nomination which carried unanimously. XIV. ORAL COMMUNICATIONS - None XV. REPORTS & REMARKS 1. City Manager - None 2. City Attorney Attorney Erwin said after reviewing the document Cliff Henderson submitted, it should be filed in the K-Mart file. This document was a request that the Planning Commission decision be put over until January 20th. Attorney Erwin said this is not possible as that decision is already final. Attorney Erwin presented an urgency ORDINANCE NO. 64 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE RIVERSIDE COUNTY CODES for consideration by the Council. Councilman Aston moved, Councilman Brush seconded that further reading be waived and that ORDINANCE NO. 64 be adopted as an urgency ordinance. Motion carried unanimously. 3. Mayor & City Council - None The meeting was adjourned to Executive Session following the Redevelopment Agency meeting, at 10:06 P.M The meeting was reconvened at 10:42 P.M. The Council accepted the resignation of Mr. C. Robert Hubbard as Chairman of the Planning Commission effective December 2, 1974, with regrets. Meeting adjourned at 10:45 P.M. 2 %< Deputy City Clerk ATTEST: HENRY B. CLARK, MAYOR