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HomeMy WebLinkAbout1974-06-13CITY OF PALM DESERT CITY COUNCIL REGULAR MEETING JUNE 13, 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 June 13, 1974 at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilwoman JEAN BENSON; Councilman JIM McPHERSON; Mayor CLARK Absent: Councilman CHUCK ASTON; Councilman NOEL BRUSH Others Present: City Manager - Harvey L. Hurlburt City Attorney - Dave Erwin County Planner - Jerry Dupree V. AWARDS & PRESENTATIONS - None VI. APPROVAL OF MINUTES A. Minutes of the Special City were approved as submitted. B. Minutes of the City Council approved as submitted. VII. CONSENT CALENDAR A. Written Communications Council meeting of 5/20/74 meeting of 5/23/74 were 1. City of Palm Desert Revenue and Expenditure Report of March 31, 1974, April 30, 1974, and May 31, 1974 Action: Received and filed. 2. Letter from Eunice 0. Pearson, Chairman, Palm Desert Citizens Rights Committee relative to previous communication regarding Mission Belle Homes matter, dtd 6/1/74 Action: Received and filed. 3. Letter from Harrison E. Silver, M.D., Comprehensive Health Planning Association, requesting city subsidy for Comprehensive Planning Association, dtd 4/11/74 Action: Request denied and referred to City Manager to send letter of explanation. 4. Letter from Director, Office of Disaster Preparedness, dtd 4/15/74 re Joint Power Authority Agreement Action: City Manager directed to advise Office of Disaster Preparedness that the City does not elect to contract for service during the 1974-75 fiscal year. 5. Memo from CAC dtd 5/21/74 re two weeks lead time for agenda items Action: City Manager directed to advise CAC that the City already has an established time schedule for agendas which it considers adequate until further experience indicates otherwise. 6. Memo from CAC dtd 5/21/74 re establishment of an Architectural Review Advisory Committee Action: City Manager directed to advise CAC that the City is in the process of developing an Architectural Review Committee in conjunction with a separate Planning Commission. 7. Memo from CAC dtd 5/21/74 re fire hydrant flow tests Action: City Manager directed to advise CAC that the City concurs in the concern about fire protection and has already commenced action to inventory, test and code -color all fire hydrants. 8. Letter from Community Legal Services dtd 5/23/74 requesting $2,200 grant from City; and memo from City Manager Action: Request denied and City Manager directed to advise Community Legal Services of action and reason. 9. CUP-01-74-PD - DURCO CONSTRUCTION - 92-unit con- dominium development West of and adjacent to Cook St. between Hwy 111 and Fairway Action: Approved subject to staff conditions. 10. City Manager memo re Proposed Traffic Study at given intersections throughout the City Action: (1) City Manager authorized to request that the County Traffic Engineer survey the entire com- munity for adequacies of traffic control with parti- cular emphasis upon the San Gorgonio Way, De Anza Way, Ramon Avenue area and report back to the city with recommended action and (2) direct the City staff to give a high priority to enforcement of weed abatement and shrubbery problems at all street intersections requiring a line of sight improvement. 11. Kavanaugh Properties (Corsican Villas II) ltr re Case No. 2MF appealing decision of Planning Commission on 5/20/74 Action: Received and set for Public Hearing on July 11, 1974 12. Letter from Anthony Kane, City Treasurer, requesting approval to be absent from country and appointing Mary Painter Deputy City Treasurer and Eunice Pearson Assistant Deputy City Treasurer during his absence from June 8 to early September 1974 Action: Approved and filed. B. Approval of Claims 1. RESOLUTION NO. 74-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Councilwoman Benson moved, Councilman McPherson seconded that the 'Consent -Calendar be approved. Motion carried unaminously. 2 VIII. PUBLIC HEARINGS A. P.P. 1084 - Appeal of Planning Commission denial on 5/6/74 (addition to commercial building on El Paseo submitted by Architect Robert Ricciardi) The Mayor opened the hearing. Mr. George Klein, 73-249 Bursera Way, said he was appearing to protest the denial of the Planning Commission on May 6, that he had been informed the denial was on the basis of insufficient parking because of a new City Ordinance, that his plans were submitted before the Ordinance was adopted, and that the Sun Lodge Center was approved under the old Ordinance. He said his building was the first to be started and that the parking for his project will be the same as buildings on both sides. He said that two more witnesses were to appear and requested that decision be withheld until their arrival. The Mayor postponed the balance of the hearing until later in the agenda. Items B. and C were postponed until the arrival of Planner Dupree. IX. RESOLUTIONS A. RESOLUTION NO. 74-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, DISCONTINUING RIVERSIDE COUNTY BUILDING INSPECTION SERVICES AS OF JULY 1, 1974, BUT RETAINING PLAN CHECK SERVICES ON A DEMAND BASIS, AND REQUESTING TEN-YEAR RECORDS TO THE CITY OF PALM DESERT Councilman McPherson moved, Councilwoman Benson seconded that further reading be waived and that Resolution No. 74-33 be adopted. Motion carried unanimously. B. RESOLUTION NO. 74-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AUTHORIZING TRANSFER OF TRANSIENT OCCUPANCY TAX ADMINISTRATION AND COLLECTION FROM THE COUNTY TO THE CITY Councilwoman Benson moved, Councilman McPherson seconded that further reading be waived and that Resolution No. 74-34 be adopted. Motion carried unaminously. Councilman Brush entered the meeting at 7:29 P.M. C. RESOLUTION NO. 74-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CONTRACTING FOR POLICE SERVICE FROM THE RIVERSIDE COUNTY SHERIFF'S OFFICE Due to several questions raised concerning crossing guards, Highway patrol, etc. Attorney Erwin recommended continuing until June 17, 1974 for clarification purposes. D. RESOLUTION NO. 74-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AUTHORIZING CHAMBER OF COMMERCE TO INSTALL SIGNS ON THE PARADE ROUTE FOR ANNUAL GOLF CART PARADE Mr. Hurlburt requested the following be added: "Said signs will be removed by the Chamber of Commerce by no later than 24 hours after the parade has ended." Councilman McPherson moved, Councilwoman Benson seconded that Resolution No. 74-36 be adopted, with the above addition. Motion carried unanimously. 3 VIII. PUBLIC HEARINGS B. TRACT 4798-PD - DURCO CONSTRUCTION - 92-unit condominium development West of and adjacent to Cook St. between Hwy 11 and Fairway conditions. The Mayor opened the hearing. Planner Dupree recommended approval subject to staff There were no opponents. Mayor closed the hearing. Councilman Brush moved, Councilman McPherson seconded that TRACT 4798-PD be approved subject to staff conditions. Motion carried unanimously. C. TRACT 5567-PD - MERCURY ENTERPRISES - 326 units SE corner of Homestead Rd. and Hwy 74, located on 65 acres and extends along both sides of Mesa View Dr. to approximately 660' easterly of the intersection of Prairie Dr. and Mesa View Drive Mayor opened the hearing. Planner Dupree recommended approval subject to staff conditions. Ed Wright, 71-471 Helgar, Rancho Mirage, representing Mercury Enterprises, stated several changes had been made at the recommendation of the staff and Planning Commission. There were no opponents. Mayor closed the hearing. Councilman McPherson moved, Mayor Clark seconded that TRACT 5567-PD be approved subject to staff conditions. Councilwoman Benson said she was against the project and thinks it is too many units until the master plan has been developed. Motion carried by the following vote: AYES: Brush; McPherson; Clark NOES: Benson ABSENT: Aston A. P.P. 1084 - Appeal of Planning Commission denial on 5/6/74 (addition to commercial building on El Paseo submitted by Architect Robert Ricciardi) Public hearing continued. Mr: -Williams said staff was recommending denial again, and presented the parking problem in detail. Mr. Dick Kite, 73-575 building is 60' deep whereas the 150' deep, and he only wished to with the rest of the buildings. deep and that the back 100' were buildings. He asked the Council Highway 111, said the applicant's other buildings adjacent are all extend the building 40' to aline He said all the lots were 200' reserved for parking for all the to look into the deed restrictions. Mayor Clark commented he would like to continue this request to the next meeting to permit further study. 4 Mr. Williams suggested the applicant could file a variance request. Planner Dupree indicated under the State law a variance process would take 90 to 100 days. The Mayor closed the hearing. Councilman Brush moved, Councilwoman Benson seconded that P.P. 1084 be continued to June 20, 1974 in order for the City Attorney and City Manager to further study the parking question. Motion carried unanimously. IX. RESOLUTIONS E. RESOLUTION NO. 74-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CONTRACTING FOR ANIMAL REGULATION SERVICES FROM THE COUNTY Councilman McPherson moved, Councilman Brush seconded that further reading be waived and that Resolution No. 74-37 be adopted. Motion carried unanimously. F. RESOLUTION NO. 74-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CONTRACTING FOR HEALTH SERVICES FROM THE COUNTY Councilman McPherson moved, Councilman Brush seconded that further reading be waived and that Resolution No. 74-38 be adopted. Motion carried unanimously. G. RESOLUTION NO. 74-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING AN APPLICATION FEE SCHEDULE Councilman Brush moved, Councilwoman Benson seconded that further reading be waived and that Resolution No. 74-39 be adopted. Motion carried unanimously. H. RESOLUTION NO. 74-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ADOPTING CONTROL OF SPEEDS, PARKING RESTRICTIONS AND STOP CONTROL IN SAID CITY Councilman Brush moved, Councilman McPherson seconded that further reading be waived and that Resolution No. 74-40 be adopted. Motion carried unanimously. I. RESOLUTION NO. 74-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AUTHORIZING FILING OF AN SB 325 CLAIM Councilman McPherson moved, Councilwoman. Benson seconded that further reading be waived and that Resolution No. 74-41 be adopted. Motion carried unanimously. J. RESOLUTION NO. 74-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CONSENTING TO REQUEST TO INITIATE ANNEXATION (COOK STREET AREA) Mr. Hurlburt announced receipt of a letter from Attorney Robert M. Aran on behalf of property owners in the Cook St. area, opposing annexation. Mr. George Marzicola, one of the owners of the property in question, asked postponement of any action on the Resolution as the Council is presently in the process of a master plan and questioned the benefit of annexation to the City. He felt there should be more time for public in -put before making a decision. 5 Mr. George Barnes, President of Country Club Estates, said he had poled the area and that were 99% in favor of annexation. Mr. Hurlburt explained this is a 6-month process. The LAFCO meeting next scheduled is July 17 and agenda material would have to be prepared and approved by July 5 which would place a burden on the staff. The August meeting would be more practical. He said that following a LAFCO hearing, there would be a Council public hearing and an election process in which all registered voters of the area could participate. Councilman McPherson moved, Councilwoman Benson seconded that further reading be waived and that Resolution No. 74-42 be adopted. Motion carried unanimously. K. RESOLUTION NO. 74-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, DESIGNATING THE CITY MANAGER FOR THE CITY COUNCIL IN REQUESTING REVIEW OF FUNCTIONS FROM THE COUNTY OF RIVERSIDE Councilman McPherson moved, Councilwoman Benson seconded that further reading be waived and that Resolution No. 74-43 be adopted. Motion carried unanimously. X. ORDINANCES A. For Adoption: 1. ORDINANCE NO. 30 - AN ORDINANCE OF THE CITY OF PALM DESERT, RELATING TO THE INVESTMENT OF MONEYS AND FUNDS BY THE CITY TREASURER Councilwoman Benson moved, Councilman Brush seconded that further reading be waived and that Ordinance No. 30 be adopted. Motion carried unanimously. 2. ORDINANCE NO. 32 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, RELATING TO TENNIS COURT FENCES Councilman McPherson moved, Councilwoman Benson seconded that further reading be waived and that Ordinance No. 32 be adopted. Motion carried unanimously. Meeting recessed at 8:33 P.M. Meeting resumed at 8:46 P.M. 3. ORDINANCE NO. 33 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, RESTRICTING DEVELOPMENT AND AMENDING ORDINANCES NO. 12, 15 AND 22 OF SAID CITY Councilman McPherson moved, Councilman Brush seconded that further reading be waived and that Ordinance No. 33 be adopted. Motion carried unanimously. 4. ORDINANCE NO. 34 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING ORDINANCE NO. 348 OF THE COUNTY OF RIVERSIDE RELATING TO TIME LIMITS FOR VARIANCES AND CONDITIONAL USE PERMITS Councilwoman Benson moved, Councilman Brush seconded that further reading be waived and that Ordinance No. 34 be adopted. Motion carried unanimously. 6 B. For Introduction: 1. ORDINANCE NO. 35 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, IMPOSING A BUILDING EXCISE TAX ON NEW CONSTRUCTION (Urgency Ordinance) David Bond, 44-582 San Pasqual, inquired if this would be in addition to a building permit fee and he was informed that it would be. Charles Martin, 71-213 Fiddleneck Lane, thought the fee too high. Mr. Williams said this was in accord with other Cove Community cities. Mr. John Marzicola, 48-752 Desert Flower Drive, charged discrimination and recommended careful consideration as before incorporation, the candidates had promised no taxes. Mayor Clark commented this applied to property tax. Lyman Martin proposed that the costs be looked at through the general plan. Ed Peck asked if consideration had been given to a graduated scale. Councilman McPherson said he did not think it was fair to people who had lived in the city for many years to bear the financial burden of the influx of people. Councilwoman Benson commented she thought this was fair in lieu of c/ i Y 7,6 es Councilman Brush said the need for parks and recreational facilities could be consummated in this manner. Mayor Clark said the predicted income from other revenues will provide for a surplus over the operating expenses, that this is not a measure to find additional money with which to operate but is a measure to provide income for capital expenditures which will come about because of the increased burden on the services to the community because of more population. Councilman Brush moved, Councilwoman Benson seconded that further reading be waived and that Ordinance No. 35 be adopted as an urgency ordinance. Motion carried by the following vote: AYES: Benson; Brush; McPherson; Clark NOES: None ABSENT: Aston 2. ORDINANCE NO. 36 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ADOPTING TRAFFIC REGU- LATIONS FOR SAID CITY Councilwoman Benson moved, Councilman Brush seconded that further reading be waived and that Ordinance No. 36 be passed to second reading. Motion carried unanimously. 3 ORDINANCE NO 37 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, PROVIDING FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES OF ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES OR PARTS THEREOF FROM PRIVATE PROPERTY OR PUBLIC HIGHWAYS, AND RECOVERY OF COSTS OF ADMINISTRATION THEREOF AS AUTHORIZED BY SECTION 22660 VEHICLE CODE Councilman Brush moved, Councilwoman Benson seconded that further reading be waived and that Ordinance No. 37 be passed to second reading. Motion carried unanimously. 4. ORDINANCE NO. 38 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REQUIRING UNDERGROUNDING OF UTILITY LINES Councilman McPherson moved, Councilman Brush seconded that further reading be waived and that Ordinance No. 38 be passed to second reading. Motion carried unanimously. 7 XI. UNFINISHED BUSINESS A. TRACT 5291-R-PD - BILARC ONE - Request for approval of Final Map for reversion to acreage. South side of Shadow Mt. Dr. between Larkspur Lane & Lupine Lane (Continued from 5/23/74) Planner Dupree recommended approval. Councilman McPherson moved, Councilman Brush seconded that Tract 5291-R-PD be approved for recordation. Motion carried unanimously. B. CUP-13-74-PD - HOME BUSINESS DEVELOPMENT CORP. (Whispering Sands Apts.) West side of Deep Canyon, North of Driftwood. CUP to allow conversion of 22- unit apt. complex to a planned residential development. Appeal from Benner & Ghormely. Denied by Planning Commission on 4/22/74 (Continued from 5/23/74) Mr. Williams recommended approval subject to 10 County conditions and an additional 3 City staff conditions. Councilman Brush moved, Councilman McPherson seconded that the decision of the Planning Commission be overruled and that CUP-13-74-PD be approved subject to conditions enumerated. Motion carried unanimously. C. Letters from Attorney John C. McCarthy on behalf of Concerned Citizens of Palm Deset, Inc. requesting that the City Council reconsider its decision of May 23, 1974 in the Mission Belle Homes matter; and Petition for Administrative Mandamus and for Injunctive Relief and Notice of Commencement of Action under the Environ= mental Quality Act (Held over for Executive Session) XII. CONSENT ITEMS HELD OVER - None XIII. NEW BUSINESS A. Roadrunner Garden Club of Palm Desert recommendation for California Poppy to be named City flower Mrs. David Bond presented the Roadrunner Garden Club recommendation and displayed a sample poppy, the minuitiflora. After some discussion, the following vote was taken: AYES: Brush; Clark NOES: Benson; McPherson ABSENT: Aston Councilwoman Benson will contact the other Palm Desert garden club and Desert Beautiful to see if they wish to make a recommendation. XIV. ORAL COMMUNICATIONS - none XV. REPORTS & REMARKS A. City Manager - None B. City Attorney - None C. Mayor & City Council - None 8 XVI. ADJOURNMENT Meeting was adjourned to executive session at 10:05 P.M. for the purpose of litigation discussion. Meeting was called to order at 11:20 P.M. Meeting was adjourned to immediately following the Planning Commission on Monday, June 17, 1974. Meeting adjourned at 11:20 P.M. ATTEST: I HENRY B. , MAYOR 9 Mary/ Paini -Deputy City Clerk