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HomeMy WebLinkAbout1975-01-09CITY COUNCIL MEETING JANUARY 9, 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 7:00 P.M. on January 9, 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: Harvey L. Hurlburt - City Manager Dave Erwin - City Attorney Paul A. Williams - Dir. of Environmental Services V. APPROVAL OF MINUTES A. Minutes of the City Council meeting of 12/19/74 were approved as submitted. VI. CONSENT CALENDAR A. Notice of Hearing of Pacific Telephone & Telegraph Co. before the PUC for increase to offset increased wage, salary and associated expense Action: Received and filed B. Notice of General Telephone Co. application for autho- rity to increase rates and charges for telephone services Action: Received and filed C. Case No. CUP-15-74 - T. O'MALLEY - Request for a CUP to determine a commercial parking lot to be built on a portion of Lot 40, Palm Village, Plaza Tract, located on the east side of Las Palmas Avenue, approximately 150 feet north of State Highway 111 (R-3) Action: Held over to Item XII D. Case No. ICAP AMENDMENT 04-74 - C. E. MILLER - Consideration of ICAP amendment to delete the proposed realignment of the north Frontage Road through lots 149, 150, and 151 located near the northeast corner of the intersection of Monterey Avenue and State Highway 111 (C-P-S) Action: Set for Public Hearing on 1/23/75 E. Case No. ICAP AMENDMENT - 06-74 - CITY OF PALM DESERT - Request to amend the Palm Desert Interim Core Area Plan by changing the land -use designation from Service Commercial to Restaurant/Theatre/Hotel/ Motel/Convenience Commercial on a site located east of State Highway 111, north of Avenue 44, and south of Park View Drive (R-2, R-3-4000, and C-P-S) Action: Set for Public Hearing on 1/23/75 F. Request for appointment of Mary Painter as Deputy City Treasurer effective January 5, 1975 Action: Approved appointment of Mary Painter as Deputy City Treasurer effective 1/5/75 Councilwoman Benson said she had a question concerning O'Malley (Item C.) and wondered if she owned the lot adjoining the parking lot, to which she was informed she did. Mr. Hurlburt said this CUP would have to go through the Archi- tectural Review Board. Councilman Brush asked that Item C be removed from the Consent Calendar and held over for dis- cussion under Item XII. Councilman McPherson moved, Councilman Brush seconded that the balance of the Consent Calendar be approved. Motion carried unanimously. VII. PUBLIC HEARING A. Case No. ICAP AMENDMENT 05-74 - BOB GIOGA - Consideration of a request by the applicant to delete a 34-car parking lot shown on the Palm Desert Interim Core Area Plan on a lot located at the northeast corner of the intersection of State Highway 111 and San Carlos Avenue (C-P-S) Mr. Williams said this is a .34 acre parcel. In reviewing the ICAP and making its recommendation to the Planning Commission, which they adopted, staff recommended denial of the request so that more analysis could be made with regard to the location of the parking lot before it would be placed specifically on that parcel. He said it would depend on the vacancy of land at the time we are able to acquire the land. Staff felt there is no need for the amendment and recommended approval of the denial of the request. Staff had prepared Resolution No. 74-5 which confirms the recommendation of the Planning Commission. Mr. Bob Gioga, 64-467 Chicory, said he had owned the lot for 10 years and is in the process of having three people interested in buying it. He said he would like to sell as it is his only revenue. Councilwoman Benson asked that if it were sold would the same restrictions apply to the new owner. Mr. Williams said that was the point, that it was his feeling that the property could be developed commercially and the parking lot that could develop on the adjacent lot could have the same effect. In other words, the location of the parking lots are somewhat flexible in the Core Area Plan. Mr. Gioga said he bought it as a commercial lot and it is one of the few large lots in that area and is on three streets. 2 Mayor Clark asked if the other lot were available or would be equally satisfactory as a parking lot - was the Planning Commission aware of this at the time they insisted on keeping it as a parking lot. Mr. Williams said the Com- mission indicated the amendment was not needed since the proposed parking lot could be located on the subject lot or on an adjacent lot and meet the requirements of the Core Area Pl&n. Councilman McPherson said the Core Area Plan points out only that somewhere in that block there will be a parking lot. Mr. Gioga said a realtor had a buyer for it and before he came to him he went to the City and was told it was zoned for a parking lot only. Mr. Hurlburt said it is not zoned for parking, this is just a guideline that there might be a parking lot and that the property can change hands a dozen times and nothing changes as far as the plan goes. Mr. Williams said the Council is merely setting a policy in terms of the Core Area Plan by this action. Mr. Hurlburt suggested that Mr. Gioga go down to the City Hall and get a letter from Mr. Williams in writing which would show exactly what the situation is. Mayor Clark agreed that the City should give a letter stating this property is zoned commercial, that under the Core Area Plan it is tenta- tively identified as a parking lot and the City would hope at some time they could purchase it for a parking lot. However, if some- one wants to develop the property and the City is unable to pur- chase it then it could be developed under the present zoning for whatever purpose it fits and is legal. Mr. Gioga said a developer might not want to develop for 2 or 3 years and the City might come in within a year and buy it for a parking lot, and the developer's plans are down the drain. There was considerable discussion over which parking lot or both lots, should be designated as a parking lot. Mr. Hurlburt said this property was no different than any other lot in the City because anytime a City wants to go in and acquire property for a parking lot they can. Councilman Brush added that even if this parking lot is moved to another lot it still does not mean that the City cannot come in and take this lot anyway for a parking lot. Mayor Clark informed Mr. Gioga that Mr. Williams would give him a letter showing the exact status so he could show it to a buyer Mr. Gioga said he would like to sell it without any strings. If the City wants to buy it before he can sell it, he would be glad to sell it to them at a discount - like a small down payment - right now. Mayor Clark reiterated that it is not zoned as a parking lot and in the next month when the zoning ordinance is prepared it may or may not show it as a parking lot but until the General Plan is adopted the next step is to make the zoning conform to what the General Plan says and that step will take probably 3 months. Until that time it is zoned commercial but it is shown on the General Plan as a possible parking area. The Mayor closed the hearing. Councilman McPherson moved for approval of Resolution 74-5 confirming the Planning Commission decision. Councilman Brush seconded the motion. He commented that to take any other action than to confirm the Planning Commission decision would suggest that we should never make any attempted improve- ments. Motion carried unanimously. IX. ORDINANCES - None X. RESOLUTIONS A. RESOLUTION NO. 75-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST CITY TREASURY Councilwoman Benson brought up an error in the dates the salary checks covered. Mr. Hurlburt said this was a typographical error which was carried all the way through and will be corrected for the record. 12/31/74 to 1/3/75 should read 12/21/74 to 1/3/75. Councilman McPherson moved that further reading be waived and that RESOLUTION NO. 75-3 be adopted. Motion seconded by Councilman Brush and carried unanimously. B. RESOLUTION NO. 75-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, PRESCRIBING A METHOD FOR THE DRAWING OF WARRANTS AND/OR CHECKS FOR THE PAYMENT OF SALARY AND/OR MATERIAL DEMANDS Mr. Hurlburt said as a result of the change which has taken place in the designation of the City Treasurer, the Director of Management Services officially became the City Treasurer on January 5,.this past Sunday. This created a situation wherein two members of the staff or himself, were legally in a position to sign checks. This is not a proper procedure, therefore, this Resolution has been drawn to retain the situation which existed before. This would, in effect, not change the designated officers that could sign the checks, however, it would establish a situation where either the Treasurer or Mr. Hurlburt could sign the checks. The second signer would be one of the members of the Council designated as being capable of signing. While this small change was made, the entire Resolution was up -dated as it was written when there was a very small staff and covered the situation which existed at that time. A number of changes have been made to represent the situation as it exists today. As a follow-up on this Resolution, a companion ordinance will be presented at the next Council meeting which will be brought up-to-date and into line with current practices. Councilman McPherson moved, Councilman Brush seconded that further reading be waived and that RESOLUTION NO. 75-6 be adopted. Motion carried unanimously. XI. CONTINUING BUSINESS - None XII. CONSENT ITEMS HELD OVER VI.C. Case No. CUP-15-74 - T. O'MALLEY - Request for a CUP to determine a commercial parking lot to be built on a portion of Lot 40, Palm Village, Plaza Tract, located on the east side of Las Palmas Avenue, approximately 150 feet north of State Highway 111 (R-3) 4 Mr. Williams said this is a request to constuct an approximately 16,845 sq. ft. parking lot on property zoned R-3. The proposal is to provide an additional parking lot to serve the O'Malley building and the Village Market. The Planning Commission approved the request subject to some conditions, those being that the alley be paved adjacent to the parking area which is presently dirt or minor paving. At the present time they are required to pave only a certain portion; with this approval they would be required to pave the whole alley adjacent to the parking lot. Mr. Hurlburt said there was some question as to the original processing of this case and some things went through which would not be allowed today and that when the opportunity comes up they should be corrected. It should be clarified that the alley should be completed all the way to the new existing building. Councilman Brush said at the time it was originally approved there was indication on the part of the Council that they wanted to do as much as possible to correct any deficiencies and he recommended this be held over for a period of at least two weeks. Further discussion ensued on the parking situation. Councilman Brush wanted to make sure that the previous deficiencies would be corrected if the alley were paved all the way. Mr. Hurlburt suggested since there was concern on the part of all, and particularly Councilman Brush, that it.be held over for 2 weeks and that Councilman Brush and whoever else wanted to go, make a personal on -site study. Councilman Brush moved, Councilwoman Benson seconded that this case be held over for two weeks. Motion carried un- animously. XIII. NEW BUSINESS A. Request for authorization to contract with the Bank of America for payroll processing as an economy measure. Memorandum from City Manager attached Mr. Hurlburt explained this is a common procedure among cities for them to contract out payroll to a local bank. The Bank of America appears to be one of the banks that originally got into this and is well versed in it. The banks can do it cheaper than the City because they can put it on their automatic data process. This would take one more load off staff. He said this had been discussed with theauditor who agreed it was a wise move and will save monies, in effect, through staff expenses. There will be a certain ammortization because of the conversion to go onto the system. Councilman McPherson moved, Councilwoman Benson seconded that the request be approved and that the City Manager be authorized to sign with the Bank of America for payroll processing. Motion carried unanimously. B. Request for authorization to call for bids for the installation of traffic signals at El Paseo and Portola Avenue and at Avenue 44 and Portola Mr. Williams explained this project was approved in the budget which started with the County preparing the preliminary plans for the intersection of El Paseo and Portola and Avenue 44 and Portola. The estimated cost for Avenue 44 is 5 $33,958, and for El Paseo & Portola the cost is $47,193 The budgeted amount was a total of some $80,000, $40,000 for each signal and it is over one and un"Pr one on the other. The added cost is for left tun pockets at El Paseo & Portola. Together they are both within the budgeted amount, and staff feels it is acceptable. Staff is recommending the following for approval: A. Approve and authorize staff to call for bids B. Confirm the finding of staff that these projects are categorically exempt from E.I.R. considerations C. Authorize the City Manager to specifically request the County Road Department to undertake maintenance of the traffic signals at these two locations subject to the conditions of the existing County! City General Service Agreement Councilman McPherson said he noticed on the map that Portola and Avenue 44 does not provide for left turn pockets. Mr. Bob Brock, County Road Department, said the road is not wide enough. He was also informed that the signals would be t im ed . Councilman McPherson inquired about the post office situation and the hazards now existing. Mr. Williams said we were up to the District Office with the Post Office and the workable solution appears to be reversing the ins and outs and making the exit a right turn only. At the present time, funding is holding up the project. Councilman McPherson urged that some precaution be taken immediately in the interim, and discussion ensued for a solution. Councilman McPherson moved that the staff be directed to proceed to construct whatever safety measures are necessary at the corner of Portola and El Paseo with a cost not to exceed $5,000. Mayor Clark said this motion would be Item D and the motion would include items A., B., and C. above. Councilwoman Benson seconded the motion which was carried unanimously. The above matter will also be on the agenda for the Technical Traffic Committee meeting on January 24. Mr. Hurlburt wanted to clarify that asphalt berms are satisfactory for something in a hurry but they are temporary and would be a duplication of expenditure in due time. If the Technical Traffic Committee recommends the divider to be a permanent recommendation he asked approval of the Council to put concrete in the contract if it falls within the funds. Mayor Clark said he had been given approval of anything the Technical Traffic Committee thinks will solve the problem at a cost not to exceed $5,000. Councilman McPherson thought that even if it came to $6,500 it should be done. Mr. Hurlburt said he would canvas the Council at that time for a temporary authorization. Mayor Clark said he was sure this could be handled. C. Request for finding that Coachella Valley Recreation & Park District plan of redevelopment for Community Center -Park Complex at 45-825 Willow St. is compatible to both the existing General Plan and the proposed Palm Desert General Plan 6 Mr. Hurlburt explained the Coachella Valley Recreation & Park District wanted to spend certain monies on the acti- vities building south of the Sandpiper development and before they can go ahead and do this, because they are dealing partially with Park Bond Act funds, there has to be certain findings by the City for them to legally do so. Staff has evaluated this and it does fall within the General Plan and staff recommends Council declaring that it does conform. It will eventually lead to expending some $75,000 for developments and improvements within the building. Councilman Brush moved, Councilman McPherson seconded to declare the proposed Coachella Valley Recreation & Park District plan of development for Community Center -Park Complex compatible with the existing General Plan and the proposed Palm Desert General Plan. Motion carried unanimously. D. Cooperative agreement with County of Riverside for Community Development Basic Grant Funds Mr. Hurlburt explained that for the City to be able to qualify for Federal funds under the 1974 Redevelopment Act the only conceivable way these monies can be obtained is to go in jointly with the County of Riverside on their request. The County has invited Palm Desert and other cities to do this because they, by themselves, do not meet the population require- ment. The agreement which is being presented was prepared by the County and has been approved by the Board of Supervisors. The City Attorney has reviewed the agreement and takes no major exception. Further discussion ensued on populations, etc. Councilman McPherson moved, Councilman Brush seconded that the agreement be approved and the Mayor be authorized to sign. Motion carried unanimously. Mayor Clark announced there would be an Executive Session immediately following "Oral Communications" to talk with two Planning Commission candidates. XIV. ORAL COMMUNICATIONS - None XV. REPORTS & REMARKS A. City Manager Mr. Hurlburt read a paragraph from the Personnel Department of the Public Employment Program, or the Manpower Office of the County wherein the President approved emergency jobs to be implemented under the CETA program. The City now has one employee under CETA II which monies are paid for entirely by Federal funds, including the overhead of fringe benefits. The period of coverage is normally for one year and they have a 50% transition goal and that is of all of the hundreds of people employed they expect an average of 50% will be kept on as permanent employees. With the CETA VI program they have made two changes. Under CETA II the person involved had to be unemployed for 30 days to be eligible. The unemployment period under CETA VI is 7 days. The CETA II program went by the fiscal period July through June. Under CETA VI it is January through December. Riverside County advised we are allocated one position which we are expected to fill by tomorrow. Fortunately, there is one such person who qualifies in that he is from a minority race, has been unemployed for 3 weeks and does have very special talents which the City can use. He has worked in Palm Desert for 11 years as an engineering drawing and industrial arts type employee. He may be utilized for preparing maps, seals, etc. 7 If he has any time left, he could be used for public works inspection as he has had 8 or 10 years experience in that field. His name is Mr. San Pedro. Mr. Hurlburt requested that CETA VI funds be accepted and that Mr. San Pedro be employed. Councilman Brush moved, Councilman McPherson seconded that the City Manager be authorized to employ Mr. San Pedro. Motion carried unanimously. B. City Attorney Attorney Erwin presented an ordinance on firearms which he explained in full. Mayor Clark recommended it be passed, and commented he had never lived in an incorporated area which permitted guns. Mayor Clark moved that further reading of the firearm ordinance (ORDINANCE NO. 67) be waived and passed to second reading. Motion seconded by Councilwoman Benson and carried by the following vote: AYES: Benson; Brush; Clark NOES: McPherson ABSENT: Aston C. Mayor & City Council Councilwoman Benson wanted to know why, with all the ordinances passed in the last few weeks, something could not be done about Harris Plumbing. She had been by there on Sunday and there was a water heater across the front yard and other debris which made it the worse looking lot in the town. Mr. Hurlburt said he will talk to the City Attorney concerning this problem. Councilman McPherson inquired about an anti -smoking ordinance. Meeting was adjourned to Executive Session at 8:30 P.M. for the purpose of interviewing Planning Commission applicants. Meeting was resumed at 9:15 P.M. XVI. ADJOURNMENT Meeting was adjourned at 9:16 P.M. to January 20, 1975 at 7:00 P.M. at the Palm Desert Middle School to hear the General Plan. ATTEST: (; HENRY B. CLA , MAYOR 8 ttary Pain€er - Deputy CityClerk P Y