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HomeMy WebLinkAbout1975-08-14MINUTES CITY COUNCIL MEETING AUGUST 14, 1975 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:00 p.m. on August 14, 1975, by Mayor Clark at the Palm Desert City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman JEAN BENSON, Councilman NOEL BRUSH, Councilman JIM McPHERSON, and Mayor HENRY CLARK. Absent: Councilman CHUCK ASTON Others Present: Harvey L. Hurlburt, City Manager Dave Erwin, City Attorney Paul Williams, Director/Environmental Services V. APPROVAL OF MINUTES Councilman McPherson moved and Councilman Brush seconded that the minutes of the July 24, 1975, meeting be approved as presented; carried unanimously. VI. AWARDS, PRESENTATIONS, AND APPOINT?IE;:1TS A. Since Commissioner Roy Wilson's term has expired on the Planning Commission, it is necessary to appoint a Commissioner for who will serve a 4 year term. Mayor Clark indicated that Mr. Wilson had performed well in his position with the Commis- sion and nominated him again for the post. Council - Brush seconded the motion; carried unanimously. B. Mayor Clark indicated the vacancy on the Design Review Board created by Don Shayler's resignation due to his business interests and stated that several candidates remained to be interviewed. In light of this, it was so ordered to continue this item to the August 28, 1975 City Council meeting. VII. CONSENT CALENDAR Councilman McPherson moved to approve Item A of the Consent Calendar to receive and file the Application for Alcoholic Beverage License by VICTOR PORCARO, SR. and VICTOR PORCARO, Jr. known as PALM DESERT LIQUORS, and to remove Item B and place it under Section XI of the Agenda, Consent Items Held Over. The motion was seconded by Councilwoman Benson; carried unanimously. VIII. PUBLIC HEARING A. Consideration of Ordinance No. 81 which recommends changes in the makeup, procedures, and jurisdiction of the Design Review Board. Mr. Hurlburt reported that it was obvious from Study Session that further review of this ordinance should be made with the Design Review Board. In view of this information, he suggested that the Public Hearing be postponed. Councilman Brush moved and Councilwoman Benson seconded that the Public Hearing for Consideration of Ordinance No. 81 be postponed until September 25, 1975; carried unanimously. IX. RESOLUTIONS A. Mayor Clark advised that the budget had been reviewed over a series of many meetings and there were still a few things left for final decision. He expressed the point that there were no serious problems with the budget, but some items needed further study and clarification. He further added that copies of the Preliminary Budget were available at City Hall as well as at the Library in Palm Desert for any member of the public to review and comment on at the Council meetings. He asked if anyone was present who would like to question it or make comments. No one responded. Councilman Brush moved that Sections A through D of Item IX be held over for a period of two weeks and Councilman McPherson seconded the motion; carried unanimously. B. Resolution No. 75-74, Approving the Installation of a 4-Way STOP Sign at the Intersection of El Paseo and Highway 74. Paul Williams advised Council that it was the recom- mendation of the Advisory Traffic Committee, the State Department of Transportation and Staff to install a 4-way STOP sign at the intersection of El Paseo and Highway 74. This recommendation was made after considerable study. The STOP sign installation would include restriping of Highway 74 to provide for 4 through traffic lanes and left turn lanes and would include no parking along Highway 74 between a point 200' south of El Paseo and Highway 111. A battery powered flashing red light at the stop position for nothrbound traffic was also proposed. Councilman McPherson inquired as to the feasibility of road bumps to warn drivers of the newly installed sign in the northbound lane of Highway 111. Mr. Williams stated that he would investigate this and have it included if feasible. Councilwoman Benson and Councilman Brush both expresse concern about the present speed limit of 55 mph. Mr. Williams responded that the speed limit has already been approved for reduction to 35 mph and assured that the STOP sign installation and reduction in speed limit would be accomplished concurrently. Mr. Williams further indicated that this STOP sign will be replaced eventually with a signal but not until State funds become available to pay for 1/2 of it. This could be 12 to 18 months. -2- Councilman McPherson moved and Councilman Brush seconded the adoption of Resolution No. 75-74 with the addition of the feasibility of road bumps on the road and installation to be made only concurrent with the reduction of the speed limit to 35 mph; carried unanimously. F. Resolution No. 75-75, Setting Hearing for August 28, 1975, for the Purpose of Showing Cause as to Whether the Market Basket Supermarket Should Be Closed Down for Noncompliance with Certain Conditions Relative to Safety and Structural Compliance and Exterior Appearance. Mr. Williams advised Council that in September of 1974, the Market Basket Supermarket had been granted authorization for expansion of its facilities by Planning Commission Resolution No. 7, subject to 10 or more conditions. Subsequent to this grant, a Building Permit was issued on December 11, 1974, and construction proceeded. However, recently it has been determined that the building has been occupied by the public in an uncompleted state as well as an unsafe state. Specifically, completion of fire sprinklers, exit doors, exit lights and firecoding of exhaustor hoods has not been accom- plished. Councilman McPherson moved that for the protection of the public, the Market Basket Supermarket be given 5 working days to correct the hazardous conditions and that August 28, 1975 be set for Public Hearing to show cause as to why the City should not deny occupancy of the premises for noncompliance with the remainder of the conditions. Councilwoman Benson seconded; carried unanimously. G. Resolution No. 75-76, Establishing Fees for Refuse Collection. Mr. Hurlburt advised Council that a few problems had arisen regarding the Agreement between the proposed contractor and the City. The problems relate specifically to a requirement for the contractor to keep a separate set of books for the City and a requirement for accounting records. Neither presents a large problem, but time had not permitted the resolution of the problem. Mr. Hurlburt recommended continuation of this resolution to the August 28, 1975, meeting. Councilman McPherson moved and Councilman Benson seconded to continue Resolution No. 75-76 to the August 28, 1975 meeting; carried unanimously. H. Resolution No. 75-77, Approving Claims and Demands Against the City Treasury. Mr. Hurlburt elaborated on some of the major expen- ditures and indicated that there were more demands than usual due to the fact that 3 weeks had elapsed between Council meetings. Councilwoman Benson asked if it would not be possible to indicate on the demands that in essence the service of Webb Construction was reimbursed to the City by payment of property owners and therefore was not really an expenditure. As it is shown now, it is confusing to an individual who does not understand. Mr. Hurlburt responded that this has been the practice in the past and he would see to it that it is so noted on future demands. -3- Councilman Brush questioned the expenditure to CVAG. Mr. Hurlburt explained that this was the amount of dues assessed to the City during the CVAG General Assembly. Mayor Clark stated that while CVAG has not been in effect long enough to give a fair evalua- tion of them, we should take a closer look at the benefit we receive from our membership when it is to be renewed in May of next year. Councilman McPherson moved and Councilman Brush seconded the adoption of Resolution No. 75-77 approving claims & demands in the amount of $51,401.63; carried unanimously. I. Resolution No. 75-79, Approving the Final Map for Case No. Tract 6229-1, Marrakesh Country Club, for 32 Units of Tract 6229. Mr. Williams reported that this was approval of a 9.44 acre project at Marrakesh for which a tentative map had been approved previously by Council. This project conforms to the requirements of the Tentative Map; the bonds are adequate and valid; and the appli- cant has met all necessary requirements for the approval of a final map. Councilman McPherson moved and Councilman Brush seconded that Resolution No. 75-79 approving the final map for Marrakesh be adopted; carried unanimously. X. ORDINANCES For Introduction: A. Ordinance No. 82 - Pertaining to the Quarterly Pro- rating of Business License Taxes and the Addition of an Option Clause as to Rate for Local Real Estate Brokers, Ordinance No. 60, Category XII. Ur. Hurlburt indicated that as our Ordinance now reads, Business Licenses cost the same amount no matter what period of the year they are taken out. This is felt by most of the public to be unfair in that a person requesting a license in July must pay the same fee as someone applying in January. The new proration will provide for 90% for three quarters, 60% for two quarters, and 30% for one quarter. This pro- vision does not apply to Category IX, Ordinance No. 60, nor late renewals. Mr. Hurlburt stated that the second portion of this ordinance was changing the present wording of the ordinance in that it was inequitable to the small realtor because of the minimum of $75 as opposed to the base minimum of $50 for most other businesses. Therefore, he recommended that realtors be given the option of chosing Category I of Ordinance 60 which is Gross Receipts Category if they so desire. This would allow 5 or 6 local realtors to drop their fee from $75 to %50 and would cost the City in reduced revenue approximately $150. Councilman Brush moved and Councilman McPherson moved that Ordinance 82 be passed to second reading; carried unanimously. -4- B. Ordinance No. 84, Regulating the Collection, Transportation, Removal, and Disposal of Solid Waste. Mr. Hurlburt indicated that even though problems had arisen with signing of the Agreement the ordinance was separate and independent of this agreement as it would apply to any con- tractor the City would chose as well as applying to the public. The ordinance imposes certain conditions on the contractor doing business with the city, homeowners, property owners, etc; it defines certain kinds of trash, ground rules for collection of trash; specifications for trash containers, etc. It is a rather standard ordinance. Councilman Brush questioned whether twice a week collection would be adequate for restaurants, supermarkets, etc. where flies might be a problem. City Attorney Dave Erwin stated that this ordinance could be passed to second reading specifying this addition. Councilman McPherson moved and Councilman Brush seconded to pass Ordinance No. 84 to second reading with the addition of the wording in Section II for commercial property "not less than twice a week and more often if deemed necessary by City Staff"; carried unanimously. C. Ordinance No. 85, Amending Ordinance No. 26 of Said City, Dealing with Uniform Fire Code. Mr. Hurlburt reported that under the Uniform Fire Code, it was our responsibility to adopt a map indicating where flamatory material could be stored above ground. In lieu of adopting a map, this ordinance is designed to prohibit bulk storage above ground throughout the entire City. Councilman Brush moved and Councilman McPherson seconded that Ordinance No. 85 be passed to second reading; carried unanimously. For Adoption: A. Ordinance No. 83 - Establishing Procedure for the Conduct of Meetings. Mr. Hurlburt indicated that this ordinance had been explained in detail at the first reading. It is a standard ordinance setting forth conditions for conduct of meetings, establishment of agendas, rules of meetings, etc. It is rather broad and has been very carefully reviewed by Staff and Council. Councilman McPherson moved and Councilwoman Benson seconded the motion to adopt Ordinance No. 83; carried unanimously. XI. CONSENT ITEMS HELD OVER A. Communication from Mr. and Mrs. SAM EWING, 73-280 Buckboard Trail, Palm Desert, California, submitting complaint about EDISON FACILITY next to their property. Mr. Hurlburt reported that Staff had begun an investi- gation into this matter. He also noted that two other letters had been received with the same complaint. -5- Staff has met with the Edison Company and learned that the substation was disengaged in order to start refur- bishment of the structure and that it was reactivated on July 30th of this year. It was learned that since reactivation a sound meter check on one occasion showed a decibel reading as high as 59 which is ex- tremely high in terms of sound. Our own staff has taken readings and found them to be high, but not as high as 59 decibels. Staff recognizes there is a pro- blem and justification in the complaint. Edison is proposing to meet with their technicians to work out the problem and staff will continue with its investiga- tion. MRS. SAM EWING addressed Council advising them she had contacted the County of Riverside regarding a noise ordinance and that they had assured her they would investigate. In addition, she has written two letters to officials in the Edison Company, copies of which were provided Council. A petition has been signed by the property owners directly affected by this problem, and Mrs. Ewing presented this to Council. She indicated that she had gone to the library where she found a book specifying exactly what decibels are and how they can affect hearing, emotion, etc. She asked Council to give Edison a deadline to have this problem corrected. Mayor Clark indicated that although he was aware of the problem, it was not always easy to set deadlines with public utility companies and even more difficult to enforce them. Councilman Brush questioned that when the plan for improvement by Edison at this facility was initially approved, wasn't there an agreement that the decibel level would not increase beyond a certain point? Also what alternatives do we have if they have not lived up to the agreements of this program? Mr. Hurlburt stated that this is a problem of many facets with the main concern being that of a solution. Staff will continue to investigate and make a more thorough report at the August 28, 1975 meeting. XIII. NEW BUSINESS A. Request for approval of Contractual Agreement between CITY OF PAL/I DESERT and PALM DESERT DISPOSAL SERVICE, INC. for Refuse Collection. Mr. Hurlburt stated that this was the matter re- quiring some resolution and recommended it be held over to the next meeting. Councilman Brush moved and Councilwoman Benson seconded that this Agreement be held over to the August 28, 1975, meeting; carried unanimously. B. Case No. Variance 06-75, DR. MARK WILLIAMSON: Request for a variance fromthe parking requirements of Section 18.12 of the Zoning Ordinance for a 20,000 sq. ft. medical professional building with 65 parking spaces on the north side of El Paseo between Highway 111 and Portola. Paul Williams reported that this variance requests a reduction from 90 parking spaces to 55 parking spaces. Subsequent to the original application, the structure was redesigned to 18,184 sq. ft. with 65 parking spaces. -6- The Planning Commission denied this request feeling that the special circumstances or conditions are not applicable to the property or intended use that do not apply generally to other properties in the vicinity which are under identical zoning classification. It is not necessary for the preservation and enjoyment of substantial property rights possessed by other property in the same vicinity and zones. The granting of such variance will be materially detrimental to the public health, safety, welfare or injurious to the property or improvements in such vicinity and zone in which it is located and will adversely affect the General Plan because it is in opposition to the goals and policies of the Plan and the Redevelopment Agency. Councilman 1cPherson stated that the Redevelopment Agency was established for the purpose of correcting the problem of parking as well as others and we should not grant variances which would defeat its purpose. Councilman Brush moved and Councilwoman Benson seconded to deny approval of Variance 06-75; carried unanimously. C. Case No. Variance 04-75, TERRY HILL: Request for a variance from the parking requirements of Section 18.1 of the Zoning Ordinance for a 6,020 sq. ft. commercial building with 22 parking spaces on the south side of Palm Desert Drive between Portola and San Luis Rey. Mr. Williams indicated that there were special circum- stances applicable to the property or intended use that do not generally apply to other properties in the vicinity which are under identical zoning classi- fication such as the designation of a portion of Lot 7 as a future roadway by the Redevelopment Plan. The granting of such a variance will not be materially detrimental to the public health, safety, welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Neither will it adversely affect the General Plan as it conforms to the goals and policies set forth in the Core Area Plan and Redevelopment Agency's Prototype Block. He further indicated that the granting of this variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property in the same vicinity and zones which would be denied to the property. This variance is for only 3 spaces. Councilman Brush indicated that this is a tradeoff to accomplish part of the design of the Prototype Block. Councilman McPherson moved and Councilwoman Benson seconded to uphold the findings of the Planning Commission in granting Variance 04-75; carried unanimously. XIV.OLD BUSINESS A. Consideration of Notice of Completion for the 1974-75 Fog Sealing Program for the City. Paul Williams reported that all work had been completed on this program and recommended filing of Notice of Completion and payment of the 10% to Crown Asphalt Coating Company. Councilman McPherson moved and Councilwoman Benson seconded to direct the City Clerk to record the Notice of Completion and authorize the payment of the 10% to Crown Asphalt Coating Co.; carried unanimously. -7- B. Consideration of Notice of Completion for the Street Signal Contract for the El Paseo and Portola Avenue and the Avenue 44 and Portola Avenue Signals. Paul Williams reported that both signals were in and operational. The signal on the corner of Portola and El Paseo has experienced some electrical problems but it is not the fault of Smith Electric Company and will be corrected. Councilman McPherson moved and Councilman Brush seconded that the City Clerk be directed to record the Notice of Completion and authorize the payment of the 10 retention to Smith Electric Supply; carried unanimously. XV. ORAL COMMUNICATIONS A. MRS. VAL LITCHFIELD, 43-155 Portola Avenue, Palm Desert, addressed the Council again expressing concern on the progress of completion of the Mission Belle Homes. She asked why a deadline could not be imposed on the lending institution such as was imposed on the Market Basket Supermarket. City Attorney Dave Erwin advised that such a resolution could be drafted for adoption by City Council, and he will do so providing that the work has not been completed. Mr. Hurlburt reported that a daily surveillance had been kept on the progress and that there were workmen on the job. He further indicated that Mr. Erwin had tried contacting the lending institution hoping that his call would be more quickly responded to than those of the Staff, but this attempt had also failed. Webb Construction had been standing by on Wednesday morning, August 13th, to start abating the property, but the contractor did show up that morning. Continued surveillance will be kept to insure that they do continue to keep their promises. A more detailed report will be given at the August 28, 1975, meeting with the possibility of the adoption of a resolution setting a hearing to show cause for noncompliance with the completion of this work. XVI. REPORTS AND REMARKS A. City Manager Mr. Hurlburt reported that vandalism had occurred at the Community Park whereby the sprinkler timer had been destroyed. He further indicated the need for surveillance of the Park. Replacement of the broken equipment will cost the City about $300. However, a locked cover will be placed over it to ensure that this does not happen again. B. City Attorney None C. Mayor and City Council Councilwoman Benson expressed concern that the County Board of Supervisors had not upheld the decisions of Palm Springs in denying the new shopping area by turning around and approving it. The Board had agreed to work with the CVAG cities and this was in direct conflict with their agreement. She asked Staff to write a letter for signature by the Mayor with copies to the California League of Cities and the other CVAG cities expressing our deep concern and disappointment in this approval. -8- Mayor Clark asked City Attorney, Dave Erwin, to obtain a copy of the ordinance of Petaluma wherein they have adopted a limited growth. Mr. Erwin will get said copy for the Council as well as a recent court's opinion on this. XVII. ADJOURNMENT Councilman Brush moved and Councilman McPherson seconded that the meeting be adjourned; carried unanimously. THE MEETING ADJOURNED AT 9:15 P.M. ATTEST: NOEL/J./ MUSH, HARVEY L. HURLBURT, City Clerk City of Palm Desert, California -9- Mayor Pro-Tem