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HomeMy WebLinkAbout1974-03-28CITY OF PALM DESERT CITY COUNCIL REGULAR MEETING MARCH 28, 1974 The regular meeting of the Palm Desert City Council was called to order by the Mayor at 7:02 P.M. on March 28, 1974 at the Palm Desert Middle School. The Invocation was given by Councilman Aston, followed by the Pledge of Allegiance led by Councilman Brush. IV. ROLL CALL PRESENT: Councilman CHUCK ASTON; Councilman NOEL BRUSH; Councilwoman JEAN BENSON; Councilman JIM McPHERSON; Mayor HENRY B. CLARK ABSENT: None Others Present: City Manager - Harvey L. Hurlburt E. R. Asmus City Atto,rnApeyCc-M David Erwin County Riverside - Douglas Powell County Planner, Indio - Keith Downs V. APPROVAL OF MINUTES Minutes of the Regular City Council meeting of March 14, 1974 were approved as submitted. VI. AWARDS & PRESENTATIONS: None VII.MASTER PLANNING CONSULTANT 1. Selection & contract review for Master Plan consultant Mr. Hurlburt explained a number of planning consultants were requested to submit proposals and that 13 firms responded. These were screened down to 4 for personal interview who met with the Citizens Advisory Committee and certain members of the City Council. These were narrowed down to two, who were sub- sequently called in for personal interviews. The firm of Wilsey & Ham was selected as the firm which it was felt would do the best job in a logical period of time and at a cost thought to be appropriate. Mr. Hurlburt explained in detail the agreement for the rendering of professional services by Wilsey & Ham and recom- mended that the Council authorize the Mayor to sign the agree- ment. Mr. Larry Morrison, Project Manager Director; --Wilsey-& Ham, explained what the general plan is and how they propose to structure it. The general plan is a long range plan for the future development of the City. He presented slides depicting development in land use elements, environmental elements, conservation and open space elements, housing elements, densities, population economics elements, circulation elements, public facilities elements, and implementation elements. Mr. Bill Reynolds, Project Manager, described the basic structure of the program. The first step will involve a very extensive data completion effort aimed at giving a picture of what is happening in terms of development trends, environmental factors, population factors and housing. Information will be specific. At the same time there will be meetings sponsored by the Citizens Advisory Committee in various sections of the City, with local citizens to get their ideas. These two elements will form the basis for the goals and the planning policy. These goals will be very explicit and precise as to how the City wants to go with regard to growth and environment The goals will form the base of the general plan which will contain all the elements referred to by Mr. Morrison. Councilman Aston moved, Councilman Brush seconded that the firm of Wilsey & Ham be selected as planning and engineering consultants for the City of Palm Desert. Motion carried unanimously. Councilman Brush moved, Councilwoman Benson seconded that the Mayor be authorized to execute the contract on behalf of the City. Motion carried unanimously. VIII. SCHEDULED MATTERS 1. ORDINANCE NO. 23 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, RESTRICTING DEVELOPMENT (90 DAY URGENCY MEASURE) Mayor Clark read a statement on behalf of the City Council concerning this urgency ordinance and urged the cooperation and support from the community. Mr. Hurlburt read the ordinance in full. Mr. Hurlburt also read a letter from the Sand & Shadows No. 2 Owners Association and from the Palm Desert Property Owners Association in favor of this ordinance. The Mayor opened the hearing. An aerial photo was shown depicting the restricted category pertinent to this ordinance. Mr. Hurlburt pointed out that under item XI.2, Written Communications, there were eight letters from citizens urging implementation of the ordinance. The following proponents spoke: George Berkey, 74-576 Fairway Dr., Chairman of the Citizens Advisory Com- mittee, said there were eight public hearings scheduled for the month of April to seek guidelines from the public and he urged adoption of the ordinance. Anne Foster, 72-875 Mimosa Dr., spoke on behalf of the majority of residents of Palm Dell Estates. Robert Hubbard, thought the plan had a great deal of merit and recommended adoption of the ordinance as it stands. The following opponents spoke: Ted Smith, on behalf of the Board of Realtors, asked the Council not to adopt any delaying action and hoped that the 90-day limitation would not continue on and on. George Marzicola, President of the Palm Desert Board of Realtors, referred to a policy statement unanimously approved by their general membership at a meeting on this date, including an item of not imposing a moratorium or any form thereof. Mr. Gibriar, 73-465 Grapevine, general contract-orr and subdivider, thought the 90-day period is acceptable but that future extensions should be limited to 30 days, or 90 days at the maximum. Dick Kite, 73-757 Highway 111, agreed with the master plan but thought there should be no move to stop building on El Paseo. He recommended that the Palm Desert Property Owners Association Architectural Committee be appointed as temporary Planning Commission for a period of one year. Mayor closed the hearing. Councilman Aston moved, Councilwoman Benson seconded that Ordinance No. 23 be adopted. Motion carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None 2. Consideration of Extension of Ordinance #12 as amended, Ordinance 13 and Ordinance 14 for an additional time not to exceed 8 months. These ordinances were adopted for a period of 4 months. The purpose of this hearing is whether or not these three ordinance should be extended. Mayor opened the hearing. Robert Ricciardi, 73-700 Highway 111, thought the parking problem should be clarified. Attorney Erwin said Ordinance No. 12 allows the Council to continue to consider the matters of the parking problem, and if they came up with a solution, it would not have to wait the 90 days. Mayor closed the hearing. Councilman Brush moved, Councilman Aston seconded that Ordinances 12, 13 and 14 be continued for a period not to exceed 8 months. Motion carried unanimously. Meeting recessed at 8:30 P.M. Meeting called to order at 8:42 P.M. 3. Tentative Tract #5554-PD - SILVER SPUR ASSOCIATES Planner Downs recommended approbal subject to conditions imposed by the Planning Commission. Councilman McPherson moved, Councilman Aston seconded that Tentative Tract #5554-PD be approved subject to staff conditions. Motion carried unanimously. IX. UNFINISHED BUSINESS 1. ORDINANCE NO. 24 - AN ORDINANCE OF THE CITY OF PALM DESERT, ESTABLISHING REGULATIONS AND PROCEDURES FOR CONTROL OF PUBLIC NUISANCES IN SAID CITY Attorney Erwin summarized the ordinance which permits the City to take action when a nuisance exists on any property within the city. When a problem exists, formal notice is given to the owner and if they fail to remedy the situation it can be brought before the Countil. Councilman McPherson moved, Councilman Brush seconded that further reading be waived and passed to second reading. Motion carried unanimously. 2. ORDINANCE NO. 25 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO ENCROACH- MENTS AND EXCAVATIONS ON CITY ROADS Councilman Aston moved, Councilman Brush seconded that further reading be waived and passed to second reading. Motion carried unanimously. 3 3. RESOLUTION NO. 20 - A RESOLUTION OF THE CITY COUNCIL APPROVING A PROPOSED RESOLUTION OF INTENTION OF COACHELLA VALLEY COUNTY WATER DISTRICT ASSESSMENT DISTRICT #90 Mr. Asmus said the Coachella Valley County Water District is creating a sewer assessment district from Highway 111 south to El Paseo, where El Paseo intersects at 111, and back to Highway 74. The resolution will only approve the proposed creation of the District and is a routine matter. Councilman Brush moved, Councilman Aston seconded that further reading be waived and that Resolution No. 20 be adopted. Motion carried unanimously. 4. RESOLUTION NO. 21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ASSUMING RESPONSIBILITY FOR THE ENFORCEMENT OF MOBILE HOME PARK ACT AND RELATED REGULATIONS OF THE CALIFORNIA ADMINISTRATIVE CODE AND DESIGNATING THE ENFORCEMENT AGENCY Attorney Erwin explained the Council had previously taken action on this bur that the State Department of Housing and Community Development requested the resolution in a different form, thus it had been rewritten. Councilman McPherson moved, Councilman Aston seconded that further reading be waived and that Resolution No. 21 be adopted. Motion carried unanimously. 5. Notices of Planning Commission Action A. CUP-05-73-PD - Durco Construction B. CUP-06-73-PD - Durco Construction Councilman McPherson moved, Councilwoman Benson seconded that these CUP's be received and filed. Motion carried unanimously. X. NEW BUSINESS 1. Acceptance of Right of Way Easement for Extension of Monterey Avenue This pertains to two deeds for property which eventually will be used to develop Monterey Avenue. Councilman McPherson moved, Councilman Brush seconded that it be accepted by the City Council and that the City Clerk be requested to record the easement. Motion carried unanimously. 2. Agreement regarding Road Improvements in County and City of Palm Desert (Involves relinquishment of city right of way to County of Riverside for construction purposes) Mr. Douglas Powell, Riverside County Road Commissioner said the project is on the boundary of the Cities of Rancho Mirage and Palm Desert. The proposal is for the adoption of a resolution which will allow the County to proceed with the project. The work is financed entirely by the County, amounting to $118,000. In order to do con- struction within the City of Palm Desert, it is necessary that action be taken which conveys the right of way to the County for construction purposes. Following completion, a reverse action is taken. The only obligation the City is assuming is the maintenance of the street following construction. 4 Councilman McPherson moved, Councilman Brush seconded that the agreement be approved and the Mayor be authorized to sign on behalf of the City. Motion carried unanimously. 3. Request for Allocation of funds re: Riverside County Transportation Study Mr. Douglas Powell Riverside County Road Commissioner stated this involves Senate Bill 325, transportation funds and a study of the county transportation study. It provides for sales tax on gasoline which is segregated between the State and local governments on a pro-rata basis. Revenue for the County is 3.3. million dollars, or $6 per person.This is a cooperative transportation plan which is required as a condi- tion to the SB 325 which in order to be implemented stipulates that a regional transportation plan will be adopted throughout the State. The County entered into an agreement for $210,000 with Alan M. Voorhees, consultants, for a study. The financial share of Palm Desert would be $3,255.45. A representative of the consultant firm gave a detailed study presentation. Mr. Powell encouraged participation by the City of Palm Desert. Mr. Hurlburt said since this is the third phase of the program and the city is being asked for the final phase, a transportation system for the Coachella Valley area is bound to have some effect on the city; if the cities do not band to- gether, they will never get it accomplished. Since the City is receiving $120,000 in SB 325 revenue, he recommended the Council authorize participation for this third and last year. Councilman McPherson moved, Councilman Aston seconded that the amount of $3,255.45 be expended and that the Mayor be authorized to sign the memorandum of understanding. Motion carried unanimously. 4. Agreement for Auditing Services This agreement is with the firm of Thomas, Byrne & Smith for the period July 1, 1973 through June 30, 1974. Councilman Aston moved, Councilman Brush seconded that the agreement be approved XI. WRITTEN COMMUNICATIONS 1. Palm Desert Property Owners Association re: Tennis Court Lighting at Sandroc Development Councilman Brush moved, Councilman Aston seconded this matter be referred back to staff for study and report back at the next meeting. Motion carried unanimously. XII. SUBMISSION OF CLAIMS 1. RESOLUTION NO. 74-22 - A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Councilman McPherson moved, Councilman Aston seconded that further reading be waived and Resolution No. 74-22 approving warrants in the amount of $5,590.90 be adopted. Motion carried unanimously. XIII. ORAL COMMUNICATIONS Mr. Powell, as acting city engineer,'requested authorization to represent the City on the proposed County Urban Project Committee. 5 Councilman Brush moved, Councilman McPherson seconded that authorization be given Mr. Powell to represent the city on this committee. Motion carried unanimously. XIV. REPORTS & REMARKS A. City Manager - None B. City Attorney - None C. Mayor & City Council Councilman Brush commented he did not think the 90-day period should be extended for any appreciable time. Councilman McPherson commended Mr. Asmus, who was attending his last City Council meeting before returning to his home in Vista, for the outstanding job he had performed during his term as interim City Manager. Mayor Clark said a request had been received from K-Mart to the city, stating they would like to submit a request for rezoning of the area along Highway 111 and Monterey near Sandy's Restaurant. This is apparently a step by the developer to find a piece of property that would have no problem in contributing to traffic disorder on the highway, which was inherent in the opinion of the Planning Commission and the City Council in their last location. Mr. Hurlburt commented this has been turned over to the County. XV. ADJOURNMENT Meeting was adjourned at 9:45 P.M. CZ Mary aintek - Deputy City Clerk I C Henry B. Lark; Mayor