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HomeMy WebLinkAbout1974-10-24CITY COUNCIL MEETING OCTOBER 24, 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 October 24, 1974 at 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 VI. APPROVAL OF MINUTES The minutes of the regular City Council meeting of October 10, 1974 were approved as submitted. VII. CONSENT CALENDAR A. Letter from Palm Desert Property Owners Association dtd 10/10/74 re Desert Mart Action: Receive and filed B. Tract 6229 MARRAKESH BUILDING & COUNTRY CLUB. Request for approval of a tentative map for the final phase of the Marrakesh Country Club containing 100 units on approximately 27 acres located west of Portola, south of Grapevine and north of Haystack. Zone R-1-1000 Action: Set for Public Hearing on 11/14/74 C. Amendment of Variance 948, MARRAKESH BUILDING & COUNTRY CLUB. Confirmation of Planning Commission approval of an amendment to Variance 948 which would reduce the total number of units permitted in Marrakesh Country club from approximately 500 to a total of 366 Action: Planning Commission approval confirmed D. ICAP Amendment 02-74 H. A. McCORMICK. Request to amend the Palm Desert Interim Core Area Plan by deleting the pedestrian walkway shown on the plan which connects El Paseo with the interior block parking area located north of the intersection of El Paseo and Prickly Pear Lane Action: Set for Public Hearing on 11/14/74 E. Tract 5682 SHADOW CLIFF COLONY CLUB. Request for final map approval Action: Approved for recordation F Annual Audit Report for period 11/26/73 through 6/30/74 Action: Received and filed G. Notification of Pacific Telephone Company rate increase request before Public Utilities Commission Action: Received and filed H. Notice of Southern California Edison Co. filing applica- tion for rate increase before the Public Utilities Commission Action: Received and filed I. Notice of Southern California Gas Co. Filing of Amendment to application for authority to increase revenues before the Public Utilities Commission Action : Received and filed J. Letter from CAC relative to Property Owners Association deed restrictions and City involvement Action: Letter received and City Manager instructed to reply to the CAC outlining the present steps being taken by the City K. Letter from CAC relative to future civic center location Action: Letter received and City Manager instructed to reply to CAC indicating City Council's current position on the matter ACTION: Councilman McPherson moved, Councilman Brush seconded that the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARINGS A. ICAP Amendment 1-74-PD - JOSEPH BLUMENFELD - Considera- tion of a request to amend the Interim Palm Desert Core Area Plan to change the land use designation from Hotel/ Motel/Eating/Entertainment Commercial and to change the plan design to indicate a community shopping center on 8.98 acres located south of Avenue 44, west of the Palm Valley Storm Channel, and NE of State Highway 111 C-P-S The Mayor opened the hearing. Mr. Williams said the Planning Commission recommended Council approval by Resolution No. 74-97 to change the land use designation on subject parcel. Robert Ricciardi, 73-700 Highway 111, speaking for the applicant, said this property is a better site for a shopping center than the adjacent property for several reasons --market people would not be mingled with hotel/motel visitors; it would allow a larger motel to be constructed; easier to buffer; and better traffic flow. 2 There were no opponents. The Mayor closed the hearing. Councilwoman Benson asked the time procedure to refer adjacent property back to the Planning Commission to be sure some property is held open for motel/hotel. Mr. Williams said the Planning Commission could review it and have a recommendation back to the Council by the second meeting in December. Councilman Brush asked if the present request should be referred to wilsey & Ham to see how it affects the overall plan. Mr. Williams said the entire property consists of 17 acres and if this plan were approved, the motel/hotel designation would be situated in back of the subject property. Councilman Aston moved that ICAP Amendment 1-74-PD be approved by Resolution No. 74-97. Motion seconded by Councilman McPherson and carried unanimously. Councilwoman Benson moved that the City Council direct the staff to report back to the Planning Commission and advise them of their strong feeling that there should be a replacement area designated for the motel/hotel use which has been eliminated through this evening's action. Councilman Brush seconded and motion carried unanimously B. P.P. 1035 - CITY NATIONAL BANK, northwest corner of the intersection of El Paseo and Portola. Appeal of Planning Commission conditions of approval Nos. 2 and 3. Applicant requests these conditions be deleted. (Continued from 10/10/74 City Council meeting.) The Mayor opened the hearing. Mr. Hurlburt said since the last meeting no evidence had been discovered which would cause staff to change their recom- mendation. Mr. James DelGuercio, officer of City National Bank and general counsel, said parking is an important aspect of the banking business. He said the bank is being asked to deed 507 of their property to the city. He thought the bank was being singled out and asked where is there a plan for the city to acquire other easements? How will the city pay for the property? Who can quarrel when a bank who provides expensive parking on its own property for the benefit of its customers? How will the traffic flow be improved by an easement which cannot and has not been designed? He said no plans would be altered because the plan does not exist. He said they do not wish to go to legal expense and wish to remain a part of Palm Desert but that they cannot do so under extraordinary requests that have been asked of the bank. The Mayor closed the hearing. There was Council discussion concerning easements and condemnation. Mayor Clark said this is a difficult problem in what kind of precedent Council is setting in approving or not approving in relation to other future applications. Councilman Brush moved that the decision of the Planning Commission be upheld and the appeal denied because in adopting the plan area if this is permitted, they would be closing all options. Motion seconded by Councilwoman Benson and carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None 3 Mr. Del Guercio asked that the record be corrected throughout to show that the legal owner of the property is Citinational Ban Corporation. IX. RESOLUTIONS A. RESOLUTION NO. 74-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, OPPOSING FURTHER RATE INCREASES FOR ELECTRIC UTILITIES Councilman Aston moved, Councilwoman Benson seconded that RESOLUTION NO. 74-81 be tabled. Motion carried unanimously. B. RESOLUTION NO. 74-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Councilman Aston moved, Councilman McPherson seconded that further reading be waived and that RESOLUTION NO. 74-95 be adopted for payment of claima in the amount of $113,515.07. Motion carried unanimously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 57 - AN ORDINANCE OF THE CITY COUNCIL OF TEE CITY OF PALM DESERT, ESTABLISHING PENALTIES FOR ORDINANCE VIOLATIONS Mr. Hurlburt pointed out that the City is already covered under the County ordinances adopted by reference immediately after City incorporation and that passing this ordinance would merely make the penalty clause more visible. Councilman Aston moved, Councilman Brush seconded that further reading be waived and that ORDINANCE NO. 57 be passed to second reading. Motion carried unanimously. For Adoption: A. ORDINANCE NO. 53 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING A REDEVELOPMENT AGENCY Mr. Hurlburt stressed that this will not entail any additional staff help at the present time nor any additional committees, etc. since the City Council will be acting as the redevelopment agency commission. Councilman Aston moved, Councilman McPherson seconded that further reading be waived and that ORDINANCE NO. 53 be adopted. Motion carried unanimously. B. ORDINANCE NO. 56 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING THE REQUIREMENT OF TRASH ENCLOSURES AND CREATING THE STANDARDS FOR CONSTRUCTION OF TRASH ENCLOSURES Councilman McPherson moved, Councilman Brush seconded that further reading be waived and that ORDINANCE NO. 56 be adopted. Motion carried unanimously. C. ORDINANCE NO. 51 - AN ORDINANCE OF THE CITY COUNCIL OF TEE CITY OF PALM DESERT, PERMITTING TRAVEL OF GOLF CARTS ON PUBLIC HIGHWAYS WITHIN SAID CITY Councilman Brush moved, Councilman Aston seconded that further reading be waived and that ORDINANCE NO. 51 be adopted as amended. Motion carried unanimously. 4 D. ORDINANCE NO. 55 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING CITY COUNCIL ORDINANCE NO. 14 BY GRANTING A CHANGE OF ZONE FROM R-2-7000 TO C-P-S ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF STATE HIGHWAY 111 AND MONTEREY AVENUE. CASE NO. C/Z 01-74-PD Courcilman McPherson moved, Councilman Aston seconded that further reading be waived and that ORDINANCE NO. 55 be adopted. Motion carried unanimously. XI. CONTINUING BUSINESS A. Request for authorization to call for bids for general street overlay program for the City Mr. Hurlburt said this program amounts to $44,350 and if Council approves this, a request will be made at the next meeting to call for bids. Councilman Brush moved, Councilman Aston seconded that request be approved of the revised list and authorized staff to proceed to call for bids. Motion carried unanimously. XII. CONSENT ITEMS HELD OVER - None XIII. NEW BUSINESS B. Request from El Paseo Merchants Association for City participation in seasonal landscaping of El Paseo Drive center divider Mr. Hurlburt recommended authorization for staff to move ahead witL this project on the basis of the City paying 50% of the cost up to a total cost of $2,000, such monies to come from the $30,000 budgeted for highway dividers landscaping. Mr. Walter Mintz, El Paseo Association, said in lieu of the letter they did get a bid between $850 and $1,000 from the Palm Desert Nursery for the total cost of planting El Paseo from Highway 74 to 111. They are requesting the City to do this so they do not have to go to the property owners to ask for funds. Councilman McPherson said he thought it was the feeling of the Council that the Association should match the funds. Councilman Brush thought if you did it for one, it should be done for others who ask. Mayor Clark asked if the City would give 50% would the Association pay the balance. Mr. Mintz said they had hoped the City would go all the way but if they won't the Association would pay the balance. Councilman McPherson moved that the City allocate matching funds for the beautification of El Paseo from Highway 74 to 111 up to a maximum of $500. Seconded by Councilwoman Benson. Councilman McPherson amended his motion to include that the City is willing to advance the entire amount on written assurance. Motion carried unanimously. A. Request for approval of $450 Transfer from Unappropriated Contingency Reserve, Account 1557 to: 1) Account 0894, General Government Buildings for a Mobile File $130 & 2) Account 1094, Environmental Services - Administration & Planning for two work tables $320 Councilman Aston moved, Councilman Brush seconded that the request for approval of $450 transfer be approved. Motion carried unanimously. C. Request from Palm Desert Park Foundation, Inc. for release of $6,000 of the $7,000 included in this year's budget for the Community Park at the Lincoln School Councilman Brush moved, Councilman Aston seconded that the City Manager reply to the Palm Desert Park Foundation and explore methods for constructing a road and cost therefor. Motion carried unanimously. XIV. ORAL COMMUNICATIONS - None XV. REPORTS & REMARKS A. City Manager - None B. City Attorney Attorney Erwin said the Court of Appeals in San Bernardino had denied the request of the Concerned Citizens for injunctions, administrative writs, etc. Mr. Hurlburt said staff time plus attorney fees amounted to $5,752, plus 12 hours of City Council time. C. Mayor & City Council Councilwoman Benson asked about the newsletter which she thought should be out by the first of the year. Mr. Hurlburt indicated that he would give this top priority if it was the Council's wish. Councilman McPherson said he had asked the City Attorney to prepare an ordinance combining the City Treasurer's position with that of Director of Finance. The ordinance would also create a Finance Committee consisting of the City Treasurer, or his designated representative, the City Manager, and one member of the City Council. The Finance Committee would make decisions on investments. Attorney Erwin read the Ordinance in full and it was designated as ORDINANCE NO. 59. Councilman McPherson moved, Councilman Aston seconded that ORDINANCE NO. 59 be passed to second reading. Motion carried by the following vote: AYES: Aston; Benson; McPherson NOES: Brush; Clark Councilman Brush asked when funds would be trans- mitted to the Teen Center. Mr. Hurlburt will follow through. Councilman McPherson called for an Executive Session to discuss personnel. Meeting adjourned to Executive Session at 9:02 P.M. Meeting called to order at 10:40 P.M. and adjourned at 10:41 P.M. ATTEST: , ( ' NOEL B�RUS City,of YOR PR TEMC alm Desert, California Mary Paint r-Deputy City Clerk