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HomeMy WebLinkAbout1975-04-24CITY COUNCIL MEETING APRIL 24, 1975 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:04 P.M. on April 24, 1975, by Mayor Henry B. Clark 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 B. CLARK Absent: None Others Present: Harvey L. Hurlburt, City Manager Jeff Patterson, City Attorney Paul Williams, Director of Environmental Services V. APPROVAL OF MINUTES Minutes of the City Council meeting of April 10, 1975, were approved as submitted. VI. AWARDS, PRESENTATIONS & APPOINTMENTS A. Building Board of Appeals Appointments City Manager, Harvey Hurlburt, advised Council that the City was not yet ready for appointments to the Building Board of Appeals. For the benefit of Council and the public, Mayor Clark gave a brief description of the newly formed Board of Appeals. VII. CONSENT CALENDAR A. Item submitted by J.E. SIMPSON, Attorney -at -Law, on behalf of Palm Desert property owners in opposition to the use of residential property at 45-896 San Luis Rey for the purpose of practicing acupressure and physical therapy. Action: Refer to staff for study and report. B. Southern California Gas Company Notice of Hearing before the PUC for authority to adjust its rates and for authorization to give its consent to an assignment to Atlantic Richfield by Pacific Lighting Gas Development of certain rights pursuant to an agreement related to the funding agreement. Action: Receive and file. Councilman Aston moved and Councilwoman Benson seconded that the Consent Calendar be approved; carried unanimously. VITI. PUBLIC HEARING A. Application of the Palm Desert Cab Company and the Caravan Cab Company for a permit to operate a taxi cab business. City Manager, Harvey Hurlburt, advised Council that the attorney representing Palm Desert Cab Company had advised the City that the company was in the process of going through an ownership change, and requested that the hearing be scheduled for the next City Council meeting, May 8, 1975, and that no action was necessary by the Council at this time. B. RESOLUTION NO. 75-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ASSESSING COSTS OF LOT ABATEMENT BY THE CITY AS PROPERTY TAX LIENS Mrs. SALLY JO FLINT, 14632 Van Nuys Place, Van Nuys, California, 91402, owner of Parcel #627-081-015 requested consider- ation from the Council in reducing the cost of $554.50, which she had paid, because she felt that insufficient notice had been given in which to abate her parcel. Also, she advised that it was her feeling that the amount charged was unrealistic in that the lot size was only 62 x 140, and 13 hours, as charged by Webb Brush Disposal was an excessive amount of time to clean such a small lot. In addition, she advised Council that the tree wells around her palm tress had been destroyed in the process of clean-up, but that, at the request of Frank Allen, Code Enforcement Officer, Mr. Webb had replaced the wells. Mr. Allen then advised Council that Mrs. Flint had been sent two notices to abate, the first being in September, 1974, which she had not received due to an address change. Mr. Webb reported that the excess time was due to the fact that the loads of debris had to be hauled to the dump in Indio; that there were no wells around the trees; and that he had gone back to the lot and made wells at Mr. Allen's request. Pictures were shown to Council of the lot in question. Council requested that the Code Enforcement Officer and the City Manager study the Ordinance and consider the possibility of a longer period than 7 days after notification for out-of-town lot owners to comply with abatement notice. Councilman Aston moved and Councilman McPherson seconded that Council approve the filing of liens on all of the lots presented with the exception of Sally Jo Flint's Parcel #627-081-015, which will be continued to next Council meeting, May 8; carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 75-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING A POLICY ON CURB & GUTTER & TIE-IN PAVEMENT INSTALLATION COSTS ON EXISTING RESIDENTIAL DEVELOPMENTS Councilman McPherson moved and Councilman Aston seconded that RESOLUTION NO. 75-26 be referred to the CAC for study and report to the City Council; carried unanimously. B. RESOLUTION NO. 75-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CREATING & ESTABLISHING A BOARD OF APPEALS FOR BUILDING CODE MATTERS Councilman McPherson moved and Councilman Aston seconded that further reading be waived and RESOLUTION NO. 75-30 be adopted; carried unanimously. C. RESOLUTION NO. 75-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING A REVISED TENTATIVE MAP TO ALLOW A 100-UNIT PLANNED RESIDENTIAL DEVELOPMENT BY THE MARRAKESH BUILDING & COUNTRY CLUB ON 27 ACRES OF LAND, GENERALLY LOCATED WEST OF PORTOLA, SOUTH OF GRAPEVINE STREET, AND NORTH OF HAYSTACK ROAD CASE NO. TRACT 6229 This was a reapproval of RESOLUTION NO. 75-31, and the only change made was to increase the amount of phases from two to four Councilman McPherson moved and Councilman Aston seconded that further reading be waived and RESOLUTION NO. 75-31 be adopted; carried unanimously. D. RESOLUTION NO. 75-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING A POLICY STATEMENT REGARDING THE DEVELOPMENT OF A REGIONAL PARK SYSTEM IN THE WHITEWATER CHANNEL Councilman Brush expressed concern over the fact that the word "trail" is used primarily in the Resolution. Councilman McPherson moved and Councilwoman Benson seconded that further reading be waived and RESOLUTION NO. 75-32 be adopted with the change that the first two paragraphs include the word "park"; carried unanimously. E. RESOLUTION NO. 75-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ADOPTING A REVISED SELECT SYSTEM MAP FOR THE CITY OF PALM DESERT Paul Williams, Director of Environmental Services, requested that San Gorgonio Way be added on the basis of it meeting the criteria as a select system street. Councilman Aston moved and Councilman Brush seconded that further reading be waived and RESOLUTION NO. 75-33 be adopted with the addition of an item 4 to show San Gorgonio Way: 0.62 miles between Monterey Avenue and De Anza Way; carried unanimously. F. RESOLUTION NO. 75-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING CLAIMS & DEMANDS AGAINST THE CITY TREASURY Councilwoman Benson moved and Councilman Aston seconded that further reading be waived and RESOLUTION NO. 75-34 in the amount of $189,503.26 approving claims and demands against the City be adopted; carried unanimously. X. ORDINANCES A. ORDINANCE NO. 74 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, PROHIBITING THE THROWING OR DEPOSITING OF REFUSE AND WASTE MATERIAL Councilman McPherson moved and Councilman Aston seconded that further reading be waived and ORDINANCE NO. 74 be adopted; carried unanimously. XI. CONTINUING BUSINESS A. Letter request from Holiday Realty to appeal decision regarding temporary on -site advertising structure in front of building DICK COFFIN, Holiday Realty, advised Council that he did not feel that his sign was in violation of the Ordinance prohibiting advertising. However, if Council felt that this was the case, he would remove his sign. He does feel that Council should study the Ordinance more closely, as advertising is part of the American way of life, and there are hundreds of violations in Palm Desert at this time. Jeff Patterson, City Attorney, advised that Holiday Realty was in violation of the Ordinance and the only relief would be by obtaining a variance of requirements or by Council summarily selecting not to enforce the Ordinance. Councilman Brush moved and Councilman Aston seconded that Council uphold the decision of the Planning Commission that Holiday Realty remove the sign deemed to be in violation of the ordinance, with the request that staff be directed to discuss with Council, at a future Study Session, the sign enforcement program for the community; carried unanimously. B. Review of the report received from the Planning Commission on the recommended changes to the Palm Desert General Plan as proposed by the Referendum Committee. Councilman McPherson moved and Councilman Aston seconded that the Council concur with the recommendations of the Planning Commission RESOLUTION NO. 47 stating that the recommended changes by the Referendum Committee will be utilized by the Commission as a part of their development of the implementation tools to the General Plan; motion carried. AYES: ASTON; BRUSH; McPHERSON; CLARK ABSTAIN: BENSON ED PECK, 73-610 BUCKBOARD TRAIL, read a letter to the Council from the Referendum Committee to the effect that they would provide the Council and Planning Commission with full cooperation in reaching successful amendment of the General Plan. He also advised that it was the feeling of the Referendum Committee that the General Plan could be changed and adopted within a six week time period. City Manager, Harvey Hurlburt, advised that it was necessary to challenge Mr. Peck's statement on the time period in order that the public would not get incorrect information. He said that because of the mechanics of advertising periodically between hearings and time to convey the Planning Commission's decision to the City Council, it would mechanically take three months merely to process the environmental statement and General Plan. He further stated that this did not make any provision for review by the CAC or preparation of a new plan by the City staff or consultant. He restated the fact that it could take as long as 7 to 8 months. DAN WARREN, 73-495 IRONWOOD, said that he felt that the problem with the City was that it was in its growth period and that there is a lack of understanding by the public, and that it takes a longer period of time to get ideas across than the public realizes. He suggested a paper Flow Chart showing various states of planning, development, etc., procedures and then finally, ordinances. He complimented the Council and Planning Commission on having done a good job, but advised that the public wants to get into the act and get down to the minute wording of the ordinance. He suggested that the General Plan be stated in broad, general terms and that ordinances be fought over at a later time. He would like to see the Flow Chart prepared for the benefit of the public and to increase attendance at meetings. Mayor Clark commented that this was a worthwhile sugges- tion and that he appreciated Mr. Warren's comments. He also pointed out that this process was carried on for a year and meetings were monopolized by some people who said the same things every time. MEETING RECESSED AT 9:05 P.M. MEETING CALLED BACK TO ORDER AT 9:15 P.M. C. Approval of amended lease agreement for additional City Hall space Councilman Aston moved and Councilman McPherson seconded to approve the amended lease and authorize the Mayor to sign sub- ject to the Mayor appointing a committee of himself and Councilman Aston with the City Manager to attempt to negotiate a reduction in the $.50 per square foot lease fee; carried unanimously. XII. CONSENT ITEMS HELD OVER None XIII. NEW BUSINESS A. Consideration of calling for bids for the City's 1974-75 Street Sealing Program which includes some 24 streets in the community Councilman Aston moved and Councilman Brush seconded that the City Manager be instructed to advertise for bids to be opened on May 13, 1975, at 4:00 P.M.; carried unanimously. B. Case NO. PUP-01-74-PD/THETA LOGAN: Consideration of a request to extend the approval of the public use permit previously granted by the Commission to enable the applicant to operate a preschool center in a residential district (R-2) Councilman Aston moved and Councilwoman Benson seconded that Council concur with Planning Commission approval and approve an extension of time to 1980 and the increase in permitted children to 15; carried unanimously. C. Request by Coachella Valley Recreation & Park District that the City of Palm Desert waive all building permit and plan check fees and taxes re remodeling the Palm Desert Community Center Councilman Aston moved and Councilman Brush seconded that Coachella Valley Recreation & Park District request to waive all building permit and plan check fees and taxes for remodeling the .Palm Desert Community Center be approved; carried unanimously. XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMARKS A. City Manager Harvey Hurlburt advised Council that the school district had recently changed the location of its new building and it is now to be located on the southerly portion of the park site that we were prepared to lease, meaning that the only property available to the City is that on which the present park is being built (the northerly portion). The Desert Sands Unified School District acted on the lease at their meeting of April 22, and if it is not treated as an urgency item by the City, we could lose a State appropriation of $47,000 next year. The lease is to be for a 25 year period with no termin- ation except by mutual consent or by lease violation on the part of the City. Councilman Aston moved and Councilwoman Benson seconded approval of the lease as presented and authorized Mayor Clark and the City Manager to sign; carried unanimously. Mr. Hurlburt presented a letter from the County asking Council to pass a resolution designating Riverside County as a Health Service Area, said resolution to be presented to Governor Brown. It is the feeling of the Board of Supervisors (County), that they can be more effective in the areas of health planning and in the delivery of health care services if they are not included with the other three counties. Councilman Aston moved and Councilwoman Benson seconded that the Council adopt a resolution designating Riverside County as a Health Service Area under Public Law 93-641; carried unanimously. Mr. Hurlburt reported on the request by Council to look into the feasibility of asking the League of California Cities for an official opinion as to whether or not there can be a referendum on a General Plan. Mr. Hurlburt advised that their opinion will have no legal bearing, but that their opinion and interpretation given to the question could be of considerable value to the City Attorney. Councilman McPherson moved and Councilman Brush seconded that the City Attorney be instructed to request an official opinion from the League of California Cities as to the legality of a referendum on General Plan and their opinion on the subject of the General Plan adoption being an administrative matter; carried unanimously. B. City Attorney Jeff Patterson advised that his office would handle the letter to the League requesting an official opinion on the referendum, and that their letter would express concern as to Judge Metheny's decision. C. Mayor and City Council Councilman Aston stated that in regards to CASE NO. 1OC even though he felt that the development had substantial merit in terms of design and that the developer should be commended for this, he was of the opinion that Council should review some of the esthetic elements of the development. Councilman Aston moved and Councilwoman Benson seconded that the City Council assume jurisdiction over CASE NO. 10C and set the matter for consideration on May 8; carried unanimously. XVI. ADJOURNMENT Mayor Clark moved and Councilman Aston seconded that the meeting be adjourned at 9:56 P.M., to reconvene at 8;30 A.M., Friday, May 2, at City Hall for Executive Session to study matters relative to pending litigation; carried unanimously. ARVE &yleik