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HomeMy WebLinkAbout1974-12-12CITY COUNCIL MEETING DECEMBER 12, 1974 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order by Mayor Clark at 7:02 P.M. on December 12, 1974 at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY CLARK Absent: None Others Present: City Manager - Harvey L. Hurlburt City Attorney - Dave Erwin Dir. of Environmental Services - Paul Williams V. AWARDS, PRESENTATIONS & APPOINTMENTS - None VI. APPROVAL OF MINUTES Councilman Aston moved that the minutes of the City Council meeting of 12/5/74 be approved as submitted. Motion seconded by Councilman McPherson and carried unanimously. VII. CONSENT CALENDAR A. Notice of Hearing of Southern California Edison Company before the PUC for authorization to make effective a special adjustment to billings Action: Received and filed B. Notice of Southern California Gas Company before the PUC for general increase in gas rates Action: Received and filed C. Desert Sands Unified School District letter dtd 11/27/74 requesting an ordinance be adopted to assist the Sheriff's Department in maintaining crowd control Action: Received and referred to City Manager for appropriate action D. Letter from Palm Desert Citizens Action Committee dtd 12/5/74 re proposed ordinance of disclosure Action: Received and City Manager directed to reply E. Letter from Palm Desert Citizens Action Committee dtd 12/5/74 re City Treasurer Action: Received and filed F. Letter from Chairman, CAC, dated 12/9/74 re General Plan recommended changes Action: Received and referred to Planning Commission G. CVAG letter dated 12/2/74 re By -Pass Action: Referred to City Manager for assignment of appropriate staff member to Special Ad Hoc Committee Councilman Aston moved that the Consent Calendar be adopted. Motion seconded by Councilman McPherson and carried unanimously. VIII. PUBLIC HEARINGS A. P.P. 1030 - STOTTER & CAPLOW - Consideration of appeal of Planning Commission denial of K-Mart and other retail stores, south side of Highway 111 at El Paseo The Mayor opened the hearing. Mr. Williams read a letter from Mr. M. Resnick representing Stotter & Caplow, requesting an extension for 30 days. Mr. Williams said staff recommended denial without prejudice because the plot plan procedure is no longer in effect and because the Core Area shows the property appropriate for residential. There were no proponents nor opponents to the applicant's request for an extension of 30 days. Mayor closed the hearing. Councilman Brush moved for denial without prejudice a request for appeal of Planning Commission denial of P.P. 1030, by Resolution No. 74-114. Motion seconded by Council- woman Benson and carried unanimously. B. Tentative Tract 6259 - C. G. DUNHAM - 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 The Mayor opened the hearing. Mr. Williams said this matter was continued for staff to revise the Resolution, which provides that the cul-de-sac shall be installed in a manner acceptable to the Director of Environmental Services and that no -parking signs shall be installed along the cul-de-sac of Burroweed Lane. He recommended approval of the project by Resolution No. 74-99. Mr. Curt Dunham, 71-888 Vista Del Rio, Rancho Mirage, said he concurred with the staff recommendations and requested that the map be approved, as amended. Councilman McPherson moved that Tentative Tract 6259 be approved by Resolution No. 74-99. Motion seconded by Councilman Brush and carried unanimously. 2 IX. ORDINANCES For Introduction: A. ORDINANCE NO. 63 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AUTHORIZING CERTAIN CITY EMPLOYEES TO ISSUE MISDEMEANOR CITATIONS Councilman McPherson moved that further reading be waived and that ORDINANCE NO. 63 be passed to second reading. Motion seconded by Councilman Brush and carried unanimously. B. ORDINANCE NO. 65 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING ORD. NO. 24 OF SAID CITy RELATING TO REGULATIONS AND PROCEDURES FOR THE CONTROL OF PUBLIC NUISANCES IN SAID CITY Councilman Aston moved that further reading be waived and that ORDINANCE NO. 65 be passed to second reading. Motion seconded by Councilman McPherson and carried unanimously. For Adoption: A. ORDINANCE NO. 61 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, RESTRICTING HOURS OF CONSTRUCTION Councilman McPherson moved that further reading be waived and that ORDINANCE NO. 61 be adopted. Motion seconded by Councilman Aston and carried unanimously. X. RESOLUTIONS A. RESOLUTION NO. 74-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND WARRANTS AGAINST CITY TREASURY Councilman Aston moved that further reading be waived and that RESOLUTION NO. 74-110 be adopted. Motion seconded by Councilwoman Benson and carried unanimously. B. RESOLUTION NO. 74-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, TERMINATING COUNTY BUILDING INSPECTIONS IN THE CITY AT 12:00 P.M. ON DECEMBER 31, 1974 AND COMMENDING PREVIOUS COUNTY SERVICE Councilman Aston moved that further reading be waived and that RESOLUTION NO. 74-111 be adopted. Motion seconded by Councilman McPherson and carried unanimously. C. RESOLUTION NO. 74-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING RATE SCHEDULE WITH COACHELLA VALLEY TELEVISION Councilman Aston moved that further reading be waived and that RESOLUTION NO. 74-112 be adopted. Motion seconded by Councilman McPherson and carried unanimously. D. RESOLUTION NO. 73-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, MODIFYING THE HOLIDAY PROVISIONS FOR CITY EMPLOYEES Councilman Aston moved that further reading be waived and that RESOLUTION NO. 74-113 be adopted. Motion seconded by Councilman McPherson and carried unanimously. 3 E. RESOLUTION NO. 74-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, DESIGNATING THE DIRECTOR OF ENVIRONMENTAL SERVICES AS THE OFFICER ENFORCING TITLE 25 OF THE CALIFORNIA ADMINISTRATIVE CODE IN SAID CITY Councilman Aston moved that further reading be waived and that RESOLUTION NO. 74-115 be adopted. Motion seconded by Councilman McPherson and carried unanimously. XI. CONTINUING BUSINESS A. Consideration of a contract for Improvement District No. 1 with Wilsey & Ham, Inc. in the amount of $31,300 Councilman McPherson moved and Councilman Aston seconded that the contract be approved. Councilman Brush said he had some questions. He said he was not satisfied with it and thinks it falls within the same line of thought discussed in the study session, that there are many questions unanswered in his own mind and in the minds of lot of people in the community. He said the drawings indi- cated a tram and various treatments proposed. He could not see detailing until it has been determined what they will do with it. Mr. Larry Morrison of Wilsey & Ham said it would be possible to eliminate some items before any costinn were done if that were the decision of the Committee. The set meetings would establish more ground rules for decision making purposes. For example, if it were concluded that there was no interest at all in awnings for stores, that could be eliminated. He said in most cases it would be useful to have some of the cost implications of a particular item as part of the basis for making a decision. As an example, if the Committee said there should be no tramway, that should be done. However, since that is a very fundamental question to the whole future downtown that would be one which might be harder to cast aside than the awnings. So it is not the intent to study things that people aren't interested in. It is the basic concept for those things that it is felt need exploring, then using that data to select items and come up with a composite plan. Councilman Brush said it looked like approving a contract calling for payment of over $31,000 and not knowing what is being asked for at this point. Mr. Morrison said the basic components to be studied are identifiable - obviously parking is one of the key con- cerns - circulation, using the Frontage Roads - landscaping, including lighting, signing, plant materials, surfaces, etc. The intent is to study at the level of detail every element that is involved. Councilwoman Benson said she was concerned over the meeting schedule involved and the cost therefor. Mr. Morrison said this had not been billed into the contract because it was prior to the City structure of what committees there would be. vote: The original motion was carried by the following AYES: Aston; McPherson; Clark NOES: Benson; Brush Mr. Morrison said he would feel better if he knew why the Council was not all in accord. Councilwoman Benson said she thought we would be paying for something before knowing what we are developing - like putting the cart before the horse. Councilman Brush said he too thought the cart was before the horse. He thought more factors should be deter- mined before issuing the contract, Mayor Clark pointed out that the proper function of the Priority Committee is to control and direct, through the Council, the Wilsey & Ham studies, thus ensuring proper use of these monies. XII. CONSENT ITEMS HELD OVER - None XIII. NEW BUSINESS A. Review of proposed Coachella Valley County Water District Sewer Projects for conformance with General Plan Councilman Aston moved that these projects be approved by RESOLUTION NO. 74-109. Councilman Brush seconded the motion which was carried unanimously. B. Discussion of change to State Department of Transportation 20-year program Mr. Williams said this matter had been referred back to the Planning Commission who reviewed it and recommended that the Council find the proposed plan has no effect on the City, and on the basis of the correspondence received no response is necessary. XIV. ORAL COMMUNICATIONS - None XV. REPORTS & REMARKS A. City Manager - None B. City Attorney - None C. Mayor & City Council Councilman Aston said the appointments of one member and the Chairman of the Architectural Review Board expire on January 3, 1975, before there is another ARB meeting, therefore, a new Chairman from the Council and a replacement for Ed Mullins, a member of the Planning Com- mission, should be done this meeting or next week, Council- man Aston recommended that the terms go through the first Tuesday of the month to which they are appointed. Councilman Brush thought the term of the Chairman of the Committee should be extended to permit more familiari- zation with their duties. Councilman McPherson said the terms of all the members should be extended, not just the Chairman, to four months. Councilman Brush moved that the term of the Architectural Review Board members be extended through the first Tuesday in January. Councilman McPherson seconded the motion which was carried unanimously. 5 Councilman Brush moved that Councilwoman Benson be Chairman of the Architectural Review Board effective the first meeting after the first Tuesday in January, 1974. Councilman Aston seconded the motion which was carried unanimously. Councilman McPherson moved that the terms of the Planning Commission members on the Architectural Review Board be for a term of four months, following the first Tuesday in January, and that they be staggered so there is a new member from the Planning Commission every two months. Councilman Brush seconded the motion which was carried unanimously. Councilman Brush said there had been a great deal of discussion on the duties and responsibilities of the two committees for the Core Area. At a recent meeting it was decided that the Finance Committee duties were pretty well defined but that there should be some changes for the Traffic Priority Committee. It was decided to change the name to the Core Area Planning Priority Committee. The res- ponsibilities have been enlarged to make it more than just traffic. The composition of the Committee has been enlarged to a total of15 members. There will be a member of the City Council who will act as the Chairman; a member of the Planning Commission; a member of the Citizens Advisory Committee; a representative from the Chamber of Commerce; a Cal Trans Traffic Engineer; a County Traffic Engineer; a representative of the Sheriff's Department; a member of the Automobile Club; a citizen at large; a representative from the Palm Desert Property Owners Asso- ciation who is a property owner in the Core Area; a business man or property owner from each of the 4 quadrants of the Core Area; and a representative of a utility firm. Councilman Brush made a motion to approve the compo- sition of the Committee, as above, the scope of responsibi- lities, and the title change. Motion seconded by Councilman McPherson and carried unanimously. Mayor Clark said for the benefit of the press that the Council meeting scheduled for next Thursday, December 19, will be held, however, the discussion of the General Plan which was originally scheduled for that date will be post- poned until a Special City Council meeting on January 6 with the hope that more people will be back from their Christmas holiday and, therefore, every citizen will have the best opportunity to attend the hearing and make their wishes known, and he hoped the press would give this adequate publicity. Mayor Clark further said that the meeting on December 19 is in lieu of the meeting on December 26th, which has been cancelled. XVI. ADJOURNMENT Councilman Aston moved that the meeting be adjourned to 7:00 P.M. December 19. Motion seconded by Councilman McPherson and carried unanimously. Meeting adjourned at 8:05 P.M. A (TEST: 6 Mary Pal Yiter-Deputy City Clerk