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HomeMy WebLinkAbout1975-12-18MINUTES PALM DESERT CITY COUNCIL DECEMBER 18, 1975 CITY HALL COUNCIL CHAMBERS CALL TO ORDER PLEDGE - Councilman Brush INVOCATION - Councilman Aston APPROVAL OF MINUTES Councilwoman Benson moved and Councilman Aston seconded that the minutes of the November 20, 1975, meeting be approved as presented. Motion carried unanimously. IV. ROLL CALL Present: Councilman Aston Councilwoman Benson Councilman Brush Councilman McPherson Mayor Clark Also Present: Absent: Harvey L. Hurlburt, City Manager Dave Erwin, City Attorney Paul Williams, Dir./Env. Services VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Clark moved to appoint Councilman Aston as Chairman of the newly created Solar Energy Committee with the balance of the committee, not to exceed 5 people, to be filled with technically com- petent people. Councilman McPherson seconded the motion. The following vote was cast: VII. and for AYES: NOES: ABSENT: ABSTAIN: Benson, Brush, McPherson and Clark None None Aston CONSENT CALENDAR Councilman Brush moved and Councilman Aston seconded to receive file both items on the Consent Calendar, two Notices of Application Alcoholic Beverage Licenses for: VIII. Robert L. & Roberta F. Driver & John McCormick for GERONIMO'S Nicky Nicholson & George Janis for THE PLAYERS CORPORATION The motion carried unanimously. PUBLIC HEARING A. CASE NO. C/Z 03-75: Review New Palm Desert Zoning Map for the City of Palm Desert. Mayor Clark explained the procedure of a public hearing and declared the Public Hearing open. Mr. Williams explained that the map itself was developed over a 9 month period and concurrently with the Zoning Ordinance which was finalized at the previous meeting. December 18, 1975 Page 1 The Planning Commission studied specific areas of the City on a lot -by -lot basis. The resultant map reflects the Commission's decision on the most appropriate zoning for the City based upon their study and previous public input. Mr. Williams explained that the map included the following designations: A - Agricultural RE - Residential Estate R-1 - Single Family R-2 - Single Family R-3 - Multiple Family R-M - Mobile Home Park PR - Planned Residential C-1 - General Commercial PC - Planned Commercial SI - Service Industrial PI - Planned Industrial/Commercial-Office Complex P - Public/Institutional S - Study OS - Open Space He further explained that the combining overlay districts were designated as follows: D - Drainageway, Flood Plain, Watercourse SH - Seismic Hazard N - Natural Factors H - Hillside Development SP - Scenic Preservation - One section reserved In addition to the designations indicated for the residential, Mr. Williams advised Council that they may direct that a minimum lot size figure be affixed to the appropriate desig- nation. In addition, Council could designate density require- ments indicating minimum site area per unit be affixed to district classifications in the R-2 and R-3 districts. Mr. Williams pointed out that during the Planning Commission hearings, 5 areas in particular were discussed at great length. These areas included property bounded by Monterey, Avenue 44, San Pablo, and Guadalupe; an area bounded by Catalina Way, Portola, Santa Rosa, and San Pablo; an area bounded by the Palm Valley Channel, Parkview Drive, Avenue 44, and Fairhaven Drive; an area at the northeast corner of Deep Canyon and Highway 111; and an area involving two lots facing Portola between Larrea and Shadow Mountain Drive. He reviewed the Planning Commission's findings in the Staff report and their determinations. Mayor Clark asked for input from the audience. MR. THORAL LAKE, 73-400 Highway 111, Palm Desert, addressed Council expressing objection to the rezoning of Palm Village Unit 12. He stated that many people had purchased land in that area planning to build duplexes there and retire with some income from their property. He asked Council to recon- sider this proposed zoning. MR. LAZLO SANDOR, 155 S. Palm Canyon Drive, Palm Springs, expressed objections to the rezoning of the 40 acres between Avenue 44 and Parkview. He stated that he did not understand the logic behind rezoning them to Planned Commer- cial Resort from R-1. He stated that those lots are good lots for residential homes. MR. PAT CARNEY, 74-105 Aster, Palm Desert, addressed Council stating his objections to the rezoning of the lots facing Highway 74 and running south along Highway 74. He stated that he had purchased two adjacent lots on Skyward Way and Belair with the purpose in mind of building a duplex to retire in. He asked Council to reconsider. December 18, 1975 Page 2 MR. JOHN MANDIC, Shadow Mountain Drive, addressed Council stating that he had purchased two parcels, one on Las Palmas and one on Royal Palms, and had had plans drawn up for five units to be built. With the rezoning, these five units would no longer be allowed on this property, and he asked for reconsideration. MR. ROLAND SWEET, Pinyon Street, addressed Council stating his objections to the rezoning of the 18 acre parcel on Avenue 44 to Parkview. He indicated that he had been employed at one time to make a survey of the land and found it to be suitable for multiple dwelling building. however, the Planning Commission had designated the entire area R-1. MR. ROLAND DECAINE, 1605 N. Sunrise, Palm Springs, spoke on behalf of the Palm Springs Medical Clinic. He indicated that they had purchased the land to build a professional building on it and that with the rezoning, this would not be allowed. he requested further consideration. MARGERY EGAN, 73-465 Grapevine, Palm Desert, supported Mr. Carney and his request for the R-3 zoning to be allowed on Skyward Way and Belair. She indicated that there was a duplex on Skyward now and that it was very attractive and difficult to tell it was a duplex. MR. BILL HOBBS, 73-707 highway 111, Palm Desert, addressed Council indicating concern over the property at the corner of Deep Canyon and Highway 111. He pointed out that the new zoning had divided the property and that it would not benefit anyone. MR. CARL MEISTERLAND, 73-168 Highway 111, represented Walker & Lee Real Estate. He stated that he was the owner of property originally zoned R03 and that he had intended to put in low cost housing. With the Planning Commission's decision, this would not be allowed. There being no further public input, Mayor Clark declared the hearing closed. After considerable discussion, Councilman McPherson moved and Councilman Brush seconded to continue the matter of the Zoning Map to the meeting of January 8, 1976; motion carried unanimously. Mayor Clark suggested that a special Study Session be held with the Planning Commission to go over some of the questions raised at the previous meeting as well as any other problems involving the Zoning Map. Mr. hurlburt suggested and it was decided to hold this study session following the Redevelopment Agency meeting at 7:00 p.m. on January 6. B. ORDINANCE NO. 101 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 17, PALM DESERT ELECTRICAL CODE (Continued from 12/11/75 meeting). Mayor Clark declared the public hearing open. Councilman McPherson stated that he felt the ordinance needed further review and study. He suggested that it be held over for the January 8 meeting. MR. BEN BARNUM, 74-105 Setting Sun Trail, Palm Desert, advised that he had been contacted by a number of electrical contractors indicating that they would like to review this ordinance. Councilman Brush responded that any interested contractor should come in to City Hall and pick up a copy of the ordinance. MR. DONALD BOLAS, 73-182 Skyward Way, Palm Desert, strongly supported the ordinance and the need for it. He also questioned the length of time it was taking to adopt it and asked why the people who objected to it were not present December 18, 1975 Page 3 at the hearing to make their objections known. Councilman McPherson stated that the delay in adopting the ordinance was an attempt to have it correct and adequate before passing it, and, therefore, eliminating the necessity of amending it. Mayor Clark declared the public hearing closed. Councilman McPherson moved and Councilman Brush seconded to continue the hearing on Ordinance No. 101 to.the January 8, 1976, meet- ing. Motion carried unanimously. Mr. Hurlburt presented a one -page outline of the scope, responsibility, objectives, etc., of the Building Board of Appeals. He indicated that every committee, board, commission, etc., of the City had an outline such as this and stated that it was Staff's recommendation that Council adopt this policy. Councilwoman Benson moved that the recommendations of Staff on the policies governing the Board of Appeals be adopted. Councilman Brush seconded the motion; motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 75-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR A TRANS- FER OF APPROPRIATIONS UNDER THE 1975-76 BUDGET TO PROVIDE FOR CITY MEMBERSHIP IN THE CALIFORNIA CONTRACT CITIES ASSN. Mr. Hurlburt stated that this was a membership fee due annually for Palm Desert's participation in the California Contract Cities Association. He stated that it was a worth- while organization to belong to and recommended the transfer of appropriations to cover the cost. Mayor Clark moved and Councilman Brush seconded the adoption of Resolution No. 75-130 providing for the transfer of appropriations for City membership in the California Contract Cities Association. Motion carried unanimously. B. RESOLUTION NO. 75-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE FILING OF AN AMENDMENT TO CAPITAL GRANT PROJECT NO. CA-03-0095 WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. Mr. Hurlburt stated that this was follow-up action on the previously approved agreement for the intra-City bus system. He further pointed out six changes in the prelimin- ary budget which had been approved. The first four items did not change the total. However, Items 4 and 5 are additional expenses and increased the total by approximately $9,500.00. Councilman McPherson moved and Councilman Aston seconded the adoption of Resolution 75-131 approving the agreement; carried unanimously. C. RESOLUTION NO. 75-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Mr. Hurlburt outlined the major expenditures included in Demand 12-1, totaling $27,650.44. Councilman McPherson moved and Councilman Aston seconded the adoption of Resolution 75-132; carried unanimously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 100 - AN ORDINANCE OF THE CITY COUNCIL OF THE December 18, 1975 Page 4 CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 15, PALM DESERT ADMINISTRATIVE CODE. Councilman McPherson moved and Councilman Brush seconded to continue Ordinance No. 100 to the January 8, 1976, meeting for further review and committee reports to resolve questionable areas; carried unanimously. B. ORDINANCE NO. 106 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3 OF ORDINANCE NO. 24 OF SAID CITY, RELATING TO REGULATIONS AND PROCEDURES FOR PUBLIC NUISANCES. Mr. Hurlburt explained that under present procedures, when a lien is placed on property for failure to pay the City for lot cleaning, the lien is not recorded by the County Recorder until September. This means that if the property changes hands before that time, the new owner becomes liable for the lien. Unfortunately, the City has become aware of one such case. Under the new ordinance, all liens will be recorded at the time they are placed on the property which will prevent such occurrences. Councilman Aston moved and Councilman Brush seconded to waive further reading of Ordinance No. 106 and pass to second reading. Motion carried unanimously. For Adoption: A. ORDINANCE NO. 102 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING AND PROHIBITING USES OF SOUND TRUCKS. Mr. Hurlburt explained that this ordinance had been outlined in detail during the first reading and unless Council had any questions, he would not explain it again. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 102; carried unanimously. B. ORDINANCE NO. 104 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATION FOOD HANDLERS. Mr. Hurlburt explained that this had been outlined at first reading and that the ordinance required by any individual handling food to be examined by the County Health Department to ensure that he did not have TB. Councilman Brush moved and Councilman Aston seconded to waive further reading and adopt Ordinance No. 104; carried unanimously. C. ORDINANCE NO. 105 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE INSPECTION AND POSTING AND GRADING OF RESTAURANTS. Mr. Hurlburt stated that he had received a letter from Dr. Frederick Thon, College of the Desert, strongly supporting this ordinance. He further stated that unless Council had questions, he would not outline it further since that had been done in first reading. Councilman Brush moved and Councilman Aston seconded to waive further reading and adopt Ordinance No. 105; carried unanimously. XI. CONSENT ITEMS HELD OVER None December 25, 1975 Page 5 XII. CONTINUING BUSINESS Mr. Hurlburt stated that since the Electrical Code had been continued to the meeting January 8, 1976, no action could be taken on Items A and B in this section relating to Swimming Pool Permits for Mr. Sidney T. Watson and Mr. Richard Clark. Councilman Aston moved and Councilman Brush seconded to continue these two matters to the January 8, 1976, meeting; carried unanimously. XIII. NEW BUSINESS A. CONSIDERATION OF JOINT POWERS AGREEMENT with the City of Palm Springs to do the City's 1975-76 Slurry Seal Program. Mr. Hurlburt explained that each year we have contracted with the City of Palm Springs to do the slurry seal program in that they could provide these services at a lesser cost than anyone else. He further explained that the program was originally planned for the latter part of January, but now it appears we will have it done in February with the exception of El Paseo prior to the Bob Hope Classic. Councilman Aston moved and Councilwoman Benson seconded to approve the agreement and authorize the City Manager to execute; carried unanimously. B. CONSIDERATION OF SPECIAL QUESTIONS to be used in the Upcoming Special Census. Staff and Council reviewed the proposed questions individually. After considerable discussion, the following motion was made. Councilman Brush moved and Councilwoman Benson seconded to accept the proposed questions with the elimination of numbers 11, 12 and 13; carried unanimously C. OFFER OF DEDICATION FROM JAMES R. GILL of a 150' x 25' STRIP OF MANZANITA DRIVE located off of Joshua Road just north of Avenue 44. Mr. Williams explained that this property had recently been abandoned by the County. The offer of dedication is to comply with the conditions of approval for Case No. 25MF, for 7 duplexes to be constructed on Joshua Road and Manzanita Drive as approved by the Design Review Board on August 5, 1975. It is Staff's recommendation that the dedication be accepted by Resolution No. 75-134. Councilman McPherson moved and Councilman Brush seconded the adoption of Resolution No. 75-134 accepting the dedication of property from Mr. James R. Gill; carried unanimously. XIV. OLD BUSINESS A. CONSIDERATION OF CALLING FOR BIDS FOR THE CONSTRUCTION OF THE Sidewalks on Specified Lots on the North Side of El Paseo Between Sun Lodge Lane and Portola Avenue. Mr. Williams explained that one sidewalk has already been constructed. The bank is expected to put their sidewalk in in the immediate future which leaves the City with about two different owners. Staff is requesting advance approval of Council for the calling of bids with the hopes that the work can be completed by the Classic. Councilman Aston moved and Councilman Brush seconded to authorize Staff to call for bid opening for 4:00 p.m., January 6, 1976; carried unanimously. XIV. ORAL COMMUNICATIONS MR. MIKE BUCCINO addressed Council stating an objection to the intensity of the lighting in the new shopping center which includes McDonald's. He stated that lower intensity bulbs and December 18, 1975 Page 6 some type of shielding could be used to eliminate this intensity. He stated that it could be seen from a far distance. Mayor Clark and Councilman Brush expressed similar concern over the matter. The City Staff was directed to investigate the matter and take corrective measures. Mayor Clark indicated that Staff should be directed to be extremely critical of lighting. XV. REPORTS AND REMARKS A. CITY MANAGER 1. PALM DESERT POST CONTRACT: Mr. Hurlburt explained that the contract with the Palm Desert Post had expired the beginning of December. This contract is for the purpose of publishing the City's legal notices. It is Staff's recommendation that the contract be renewed for one year. Councilman McPherson moved and Councilman Brush seconded to con- tinue the contract with the Palm Desert Post for legal advertising for another one-year period; carried unanimously. 2. BICENTENNIAL WAGON TRAIN: Mr. Hurlburt stated that the Wagon Train would be in Palm Desert for lunch on Tuesday, January 6, at 11:30 a.m. Staff has prepared a resolution in recognition of this activity and was asking Council to approve it. Councilman Aston moved and Councilman Brush seconded the adoption of a Resolution in Recognition of the Bicentennial Wagon Train; carried unanimously. 3. BICENTENNIAL COMMITTEE: Mr. Hurlburt explained that many groups throughout the City had expressed interest in participating in the Bicentennial activities. He indicated that it would be a more effective committee if it were a City project with members selected from the various groups through- out the City as committee members. He further stated that Mrs. Laurette Aubry of the Women's Division of the Chamber of Commerce had agreed to work as Co -Chairman with Chuck Aston. Councilman Brush moved and Councilwoman Benson seconded to form a Bicentennial Committee with Councilman Chuck Aston as Chairman and Mrs. Laurette Abury as Vice -Chairman, and to include representatives of the Chamber of Commerce, Jaycees, Lions, Kiwanis, Junior Women's Club, Optimist Club, Exchange Club, Rotary, Soroptimist International, and the Palm Desert Women's Club. Motion carried unanimously. 4. UTILITY UNDERGROUNDING Mr. Hurlburt stated that at the previous meeting, Staff had been directed to review Ordinance No. 20 and its applicability to property located southerly of El Paseo and San Luis Rey and Prickly Pear Lane. He stated that in reviewing this, it was Staff's recommendation to call for a public hearing on the matter on January 8, 1976, to determine the public necessity, public health, safety, or welfare requirements of such undergrounding. Councilman Aston moved and Councilwoman Benson seconded the adoption of Resolution No. 75-135, calling for a public hearing to ascer- tain the necessities of utility undergrounding in this area; carried unanimously. December 18, 1975 Page 7 5. DESERT LILY DRAINAGE PROBLEMS: Mr. Hurlburt stated that with numerous complaints about the drainage problems on Desert Lily, he had met with the manager of the Deep Canyon Tennis Club to determine resolution of the problem. He further stated that the Club had agreed to put 246' of curb and gutter just northerly of their entrance on Desert Lily. This curb and gutter will wrap around the corner and should cut down on the problem. Inasmuch as the Club has agreed to pay for the cost of this curb and gutter, Staff was requesting Council's approval of an expenditure of $600 to provide spandrils for the street. The combination of the two should eliminate any further drainage problems. Councilman Aston moved and Councilman Brush seconded the approval of an expenditure of $600 to provide for spandrils in the street on Desert Lily; carried unanimously. 6. LETTER FROM CITIZENS' ACTION COMMITTEE REGARDING POSITIONS OF CITY CLERP AND CITY TREASURER. Mr. Hurlburt reported that he had received a letter from the Palm Desert Citizens' Action Committee wherein they requested Council to take action to have the question of making the positions of City Clerk and City Treasurer made elective offices voted on by the Palm Desert voters. Ile further reported that it was too late to have this issue placed on the ballot and that this had been con- firmed by the County Elections Department. Councilman Aston moved and Councilman Brush seconded to receive and file the letter from the Committee; carried unanimously. 7. CITY ENGINEER: Mr. Hurlburt reported that funds have been available from June on for the position of a City Engineer. however, Council had acted in adopting the budget that they would like to approve this position separately. Mr. Hurlburt reported that we can provide these services at a higher efficiency level than the County is provid- ing them for us by having our own City Engineer. He further reported that we have gone to outside engineer- ing firms to establish some sort of comparison as to' hiring an outside firm versus hiring our own Engineer and find that we can do it less expensively ourselves. It will provide for a much more responsive operation. At present, with the County, we stand in line to have projects approved - sometimes up to two and three months. The City has not been completely satisfied with the County services in terms of quality and accuracy. Councilman McPherson stated that one of the reasons that we incorporated was to increase the level of services obtained from the County and that this was one other way of doing so. Mr. Hurlburt stated that with the increased activities within the City, it had become physically impossible for the Director of Environmental Services to continue to provide these services. Councilwoman Benson stated that she agreed that we wanted growth. However, it seemed to her that with each position, that position needed an assistant, and an assistant for the next one. She personally didn't like it rammed down her throat and would like further study of the matter. Councilman Aston moved and Councilman McPherson seconded that the City Manager be empowered to employ a City Engineer and a half-time secretary. December 18, 1975 Page 8 Mayor Clark stated that the City now employed 22 people and that this Staff had done a great deal in a relatively short period of time. He stated that in his opinion, the City was not overstaffed. He called for a vote: AYES: Aston, Brush, McPherson, and Clark NOES: Benson ABSENT: None ABSTAIN: None 8. SIDEWALK ADJACENT TO SUNSHINE MEAT, FISH & LIQUOR RESTAURANT. Mr. Williams advised that the City had finally come up with a program which would allow the City to move ahead with the completion of the subject sidewalk. Specifica- tions have been drawn up with the exception of the steps which extend into the public right-of-way. However, the importance of this plan is that if at any time in the future these steps become a problem, the property owner has agreed to pay all costs for the sidewalk. Along with this, we have established conditions for the use of the public right-of-way to eliminate the use of the steps if necessary. Councilman Brush asked who would design the new steps proposed. Mr. Hurlburt responded that the property owner would design them, but that they would be subject to City approval. Councilman Aston moved for approval of the encroachment permit with the property owner and direct Staff to include lights on the steps for public safety. Councilwoman Benson seconded the motion; carried unanimously. B. CITY ATTORNEY None C. MAYOR AND CITY COUNCIL Councilman McPherson inquired about the lights on Cook Street surrounding the waste disposal plant. They are extremely bright and not only can they be seen from far away, they light up the whole surrounding area. Staff indicated that they will contact the County Water District about the lights. XVI. ADJOURNMENT Councilman Aston moved and Councilman Brush seconded to adjourn the meeting. Motion carried unanimously. Mayor Clark declared the meeting adjourned at 10:10 p.m. / tt HENRY B.LARK, MAYOR ATTEST: A ARVEY L. `fIURLBUflt.'T, City Clerk City of Palm Desert, California December 18, 1975 Page 9