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HomeMy WebLinkAbout1975-02-27CITY COUNCIL MEETING FEBRUARY 27, 1975 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 7:05 P.M. on February 27, 1975 at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY B. CLARK Absent: Councilman CHUCK ASTON Others Present: City Manager - Harvey L. Hurlburt City Attorney - Dave Erwin Dir. of Environmental Services - Paul Williams V. APPROVAL OF MINUTES A. Minutes of the City Council meeting of February 13, 1975 were approved as submitted. VI. AWARDS, PRESENTATIONS & APPOINTMENTS A. Planning Commissioner appointment to Architectural Review Board Mayor Clark announced that George Berkey had been appointed as the Planning Commission member to the Architectural Review Board for a 4-month period beginning the second Tuesday of March and running until the second Tuesday of July. B. Core Area Planning Priority Committee - Appointment of El Paseo Associates representative Councilman Brush announced that Robb Claiborne was named to represent the El Paseo Merchants Association on the Committee. C. Redevelopment Project Area Committee appointments Mayor Clark said the Council would go into Executive Session to discuss these appointments. VII.CONSENT CANELDAR A. Letter from Mary E. Ware re retirement complex for the elderly, dtd 1/29/75 Action: Held over to Item IX. B.- Case No. Conditional Use Permit 01-75 - SAFREN DEVELOPMENT: Consideration of a request to install an off -site subdivision sign for the La Rocca project at a site located south of State Highway 111, between Deep Canyon Road and easterly city limits (R-3) Action: Confirmed the decision of the Planning Commission C. Letter from Pacific Rim dtd 2/3/75 requesting City to accept offers of dedication Action: Referred to Staff for study and report ACTION: Councilman Brush requested that Item A be removed from the Consent Calendar and held over to Item IX. Councilman McPherson moved, Councilwoman Benson seconded that the balance of the Consent Calendar be approved. Motion carried unanimously. Mr. Hurlburt introduced Mr. Ted Obarr, applicant for the position of Minute Clerk, who was being tested. VIII. RESOLUTIONS A. RESOLUTION NO. 75-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING ADMINISTRATIVE FEES AND COSTS FOR THE ENFORCEMENT OF ORDINANCE NO. 24 OF SAID CITY RELATING TO ABATE- MENT OF NUISANCE Councilwoman Benson moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 75-13 be adopted. B. RESOLUTION NO. 75-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST TREASURY Councilman McPherson moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 75-14 be adopted, approving claims in the amount of $91,822.58. Motion carried unanimously. Councilman Brush called attention to the fact that one of the items in the amount of $49,518.69 was for resurfacing of streets. IX. CONSENT ITEMS HELD OVER A. Letter from Mary E. Ware re retirement complex for the elderly, dtd 1/29/75 Councilman Brush said this was a letter from a resident in Indio which gave a lot of insight into a problem we do not have in Palm Desert at this point but may in the future. He called attention of the press to the letter and asked the Council to take a stand alleviating the blight of any elderly citizens. He requested the letter be sent to CVAG asking them to look into the situation. Councilwoman Benson concurred and thought it should be referred to CVAG in lieu of the Planning Commission. Councilman Brush recommended that CVAG survey the need for facilities for the aged in the Valley and formulate some policy for their care and make some recommendations as to both present and future facilities. 2 X. NEW BUSINESS A. Adoption of Guidelines for Joint City/County cooperation in matters of Land Use Planning Councilwoman Benson moved that the Guidelines for Joint City/County cooperation in matters of land use planning as prepared by the Coachella Valley Association of Governments be approved by the adoption of RESOLUTION NO. 75-16. Motion seconded by Councilman Brush and unanimously carried. B. Letter of request from the City of Indio to support by Resolution, a matter regarding the Highway 111 overcrossing Councilman McPherson moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 75-15 be adopted as presented. Motion carried unanimously. C. Request for transfer of $2,769 from Unappropriated Contingency Reserve Account 11-1557 to non - departmental general insurance account 11-1550 to cover the cost of increased insurance premiums. This will reduce the Unappropriated Contingency Reserve to $31,411 Mr. Hurlburt explained that the Pacific Indemnity Company which had been carrying the insurance, withdrew from the field which resulted in the City having to compete with all other municipal carriers for coverage with the remaining companies. Councilman Brush moved, Councilman McPherson seconded that $2,769 be transferred from Unappropriated Contingency Reserve Account 11-1557 to non -departmental general insurance account 11-1550. Motion carried unanimously. D. Request for Council approval of projects to be submitted for first year funding under the 1974 Housing and Community Development Act Mr. Hurlburt explained that under the 1974 Housing and Community Development Act, we are entitled to a certain amount of money in terms of funding which we are obtaining through the help of the County. As part of the requirement for qualifying for these funds, it is necessary to designate the first year's project for which the funds would be used. Also, it is necessary that the projects go through the process of hearings before the public. The Citizens Advisory Committee has reviewed the projects which have been referred to the Council for review. They then go to the County and beginning on March 4th formal hearings will be conducted before the Board of Supervisors on all the projects, including the City's. This program will last for 3 years. The amount is approximately $33,000, allocated as follows: A. Update Master Drainage Plan for community $15,000 B. Conduct Special Census of Community 8,400 C. Portion of the Cost of the Recon- struction of Catalina Way from San Pasqual to Portola Ave. 9,520 Mr. Hurlburt recommended approval so it may be transferred to the County under the March 3rd deadline. Councilman Brush commented that the master drainage plan is the most urgent single item on the list, that this should be done before we can progress with the improvement of the downtown area or any part of the community. The reconstruction of Catalina Way will eventually be a project totaling some $45,000 and we are anxious to get this done because it is the lowest single street in Palm Desert and holds water for a long, long time. There was discussion regarding the benefits of the special census. Councilwoman Benson asked if this could be attached to the General Plan, and Mr. Hurlburt said it could. Mr. Williams said CVAG was concerned about the fact that presently if one is not a permanent resident, no further questions are asked. Mayor Clark thought if the winter residents were not counted, it would be of no benefit for a census. Mr. John Weston of KMIR-TV said the government dividing line was if they reside here for 11 months of the year they are considered a permanent resident. After further discussion, Councilman McPherson moved that the above 3 projects for first year funding under the 1974 Housing and Community Development Act be approved. Motion seconded by Councilman Brush and carried unanimously. E. Request for authorization to apply to the EPA (Environmental Protection Agency) for Indirect Source Review authority under the Clean Air Act of 1970 Mr. Hurlburt explained that in order to implement provisions of the Clean Air Act of 1970, the EPA requires a review of all developments occurring within the southeastern air basin which may generate a significant increase in auto traffic and related pollution. Certain agencies will be authorized to provide Indirect Source Review in order that permits be granted which will allow approved developments to proceed. The City is applying for this authority as it pertains to reviewing developments within its jurisdiction. Councilman Brush moved, Councilman McPherson seconded that the City Manager be authorized to submit a request to EPA for Indirect Source Review authority. Motion carried unanimously. XI. ORAL COMMUNICATIONS Mr. Beryl Barnett, 74-442 Driftwood Drive, asked of the status on the new K Mart situation. Mr. Williams said the last he heard was that they were still working on the construction drawings. Councilman Brush said K-Mart had been removed from the scheduled opening for the current year and are now evaluating the entire project to determine whether it will be built. Councilman Aston entered the meeting at 7:55 P.M. 4 Mr. Hurlburt said the water district is doing certain work in the city laying lines through roads in which they are digging up and will have to repave approximately 40% of the road. It has been determined that if the roads are repaved at this time it would cost 50% less. This item has been discussed at the study session. Mr. Hurlburt recommended taking advantage of the savings and recommended authorization to transfer $7,482 from Account 11-3040 to account P-27-14. Councilman Brush moved that the project be approved and the City Manager be authorized to sign the contract. Motion seconded by Councilman McPherson and carried unanimously. Meeting recessed at 7:59 P.M. Meeting resumed at 8:12 P.M. Mayor Clark asked for a report from Mr. Hurlburt on the possible effects of the referendum. Mr. Hurlburt gave a list of significant items on which the referendum would have impact or put in jeopardy. 1. Receipt of approximately $53,000 per year up to a maximum of $1,850.000 in tax increment financing for dealing with circulation,drainage and other problems in the Core Area. 2. Receipt of approximately $33,000 - Federal Housing & Development act grant monies 3. Up to $15,000 to $24,000 of City monies for duplication of consulting and staff expense for developing and processing new General Plan and EIR 4. Up to 110 hours of valuable time in duplication of meetings for Citizens Advisory Committee, Planning Commission and City Council 5. Qualification for federally subsidized flood insurance for Palm Desert property owners 6. Adoption of Zoning Ordinance - 7 to 8 months delay 7. Adoption of subdivison and grading ordinance 7 to 8 months delay 8. Creation of Redevelopment Agency plan - indefinite delay 9. Creation of precise plan for Core Area - 7 to 8 months delay 10. Lifting of partial building moratorium in residential area - 7 to 8 months delay 11. Ability to comply with State mandated requirement for a General Plan by June 30, 1975, and a Zoning Ordinance by no later than December 31, 1975 * 12. Ability to issue all types of building permits - 3 to 4 months inac ivity * 13. Ability to process all types of planning activities such as subdivisions, CUPs, variances, lot splitting, etc. - 3 to 4 months inactivity 14. Ability to receive State Park Bond Act monies on schedule Subject to injunction from July 1, 1975 until adoption of General Plan Councilman McPherson asked if all revenue from the Building Department would cease. Councilwoman Benson asked if all building would be stopped. Attorney Erwin said if an injunction were filed it would not mean that any building already started could not go on, if the building permit had already been issued. John Hussar of the Desert Sun asked if the penalty for not having a General Plan by July 1 was worse than ignoring the referendum. Attorney Erwin said any citizen in the community may restrict all the activity we have been talking about until such time as a plan is adopted. It gives the individual the right to sue the City. Councilwoman Benson asked if the referendum could be ignored. Attorney Erwin did not think it appropriate that he comment on this until it has been formally.presented to the Council. Mr. Alfred Fortier, 1511 Sandpiper, Chief Executive Officer, Silver Spur Associates which operates the Ironwood property, said Ironwood is very concerned over what is happening. Since the inception of their project they have tried to conform with the wishes of the community; they have spent thousands of dollars in trying to attain this position but when the referendum was filed, he and his associates became very concerned. They were about to draw permits for an additional 36 units; their bill would have been in the neighborhood of $34,000. Now they are not going ahead. If there is no General Plan, there can be no development with any assurance that it won't be stopped. He recommended approving the General Plan, sitting down and ironing out the problems. Mr. Fortier was informed that the General Plan had been approved and adopted. Councilman McPherson commented it was a misguided group, giving no thought as to what it was going to cost the City. Councilman Brush hoped that consideration would be taken as to how it will affect a lot of people in the City. Meeting was adjourned at 8:42 P.M. to Executive Session to discuss appointments to the Redevelopment Project Area Committee. Meeting resumed at 10:05 P.M. The members of the Council discussed the subject of monies which had been appropriated in this year's budget for the Community Park. It was determined that of the $7,000 appropriated, $2,400 had been spent for engineering of the access road. The City Manager was instructed to advise the Community Park Foundation that the $4 600 remaining Mould be appropriated by the City Council for projects within the park at such time as the City received a specific list of requested expenditures. It was stated by Councilman Brush that such a request was in the mail. 6 Councilman McPherson moved, Councilman Aston seconded to appoint the following 15 members to the Redevelopment Agency Project Area Committee, subject to verification of acceptance: ED BENSON HAROLD BROMLEY DAVIE DALAND DALE HANNON JIM HARMON DICK MC CLUNG GEORGE MINTURN JIM MOIR GARY MURPHY VERY MURRAY HERB POWERS JOHN STRATTON AL STUTZ JOYCE WHITE DEAN WOLFE Motion carried unanimously. It was agreed by the City Council that there would be a Study Session at 4:30 P.M. on Thursday, March 6, to discuss mid -year budget revision and transfers. Meeting was adjourned at 10:30 P.M. to Thursday, March 6, at 6:00 P.M, immediately following the Study Session. ATTEST: 7 Mary ,Painte, Deputy City Clerk