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HomeMy WebLinkAbout1975-01-23CITY COUNCIL MEETING JATUARY 23, 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 7:07 P.M. on January 23, 1975 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 HcPHERSON; Mayor HENRY B. CLARK Absent: None Others Present: City Manager - Harvey L. Hurlburt City Attorney - Dave Erwin Dir. of Environmental Services - Paul A. Williams V. APPROVAL Or MINUTES A. Councilman Aston_moved, Councilman-_Brush_seconded that the minutes of the City Council meeting of January 2, 1975 be approved as submitted. Motion carried unanimously. B. Councilman McPherson moved, Councilman Brush seconded that the minutes of the City Council meeting of January 6, 1975 be approved as submitted. Motion carried unanimously. VI. CONSENT CALENDAR A. Notice of Southern California Edison Co. to file application before PUC to change fuel cost adjustment billing factor Action: Received and filed B. Notice of Southern California Edison Co. before PUC to make effective a change in Fuel Cost Adjustment Billing Factor as set forth in Advice No. 400-E Action: Received and filed C. Notice of completion on project consisting of repair of cross gutter, curb return, and sidewalk at the intersection of Abronia Trail & El Camino, with the work being done by Massey Sand & Rock Company Action: Accepted the notice of completion and authorized payment of $3,063 for the work completed per signed contract ACTION: Councilman McPherson moved, Councilman Aston seconded that the Consent Calendar be approved. Motion carried unanimously. VII. PUBLIC HEARINGS A. 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) The Mayor opened the hearing. Mr., Williams said as a part of evaluation and based upon the fact that they are also proposing to restudy the Core Area, staff had begun preliminary work with regard to solving the traffic situation in the area which would not necessitate the extension of the Frontage Road. This would permit the right turn prior to entering the intersection and that movement could be eliminated without the requirement of such a road system. Staff recommended this ICAP be approved deleting the proposed Frontage Road diversion from the ICAP provided that no commercial establishments be developed within the immediate area affected by this change, which would generate intensive auto traffic and further problems of congestion. Staff was recommending approval by Resolution No. 75-8. Mr. C. E. Miller, 73-512 Little Bend Trail, applicant, said he had been quite a while trying to get this removed from his property, that he had a company who wanted to build on it, that he had waited until last year with the idea of building and when it came up for building, there was a moratorium. Now that is lifted, the plan shows a road going directly through the middle of his property. There were no opponents. Councilman Brus'h asked if this were approved, deleting the road extension, could any project be immediately con- sidered on that property, and Mr. Williams answered yes. The Mayor closed the hearing. Councilman McPherson moved that City Council RESOLUTION NO. 75-8 be adopted, upholding the Planning Commission decision. Motion seconded by Councilman Aston. Councilman Brush commented this area will eventually be one of the worst problems in the City; the alleyway is going to be difficult to widen out where it will ever be a major roadway. Something must be done with the Frontage Road to handle the traffic. He did not feel that the alternate solu- tions would ever do anything for the City and he was personally against making any change on that property. Mr. Williams said the other alternatives are proposed at other intersections. Staff felt that rather than adopt one specific plan they would prefer to adopt this as an analysis of the Interim Core Area Plan. There was considerable discussion on the alternatives. Councilman Brush did not think any of them were satisfactory. Motion was carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None ABSENT: None 2 B. 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) The Mayor opened the hearing. Mr. Williams said this was the first City initiated amendment to the Core Area Plan. Staff recommended changing the designation to Restaurant/Theatre/Hotel/Movel Convenience Commercial, the theory being that the 17 acres is more of an adequate size to allow for the uses in terms of providing the amenities for a hotel that would make it a more viable hotel complex. Staff recommended adoption of RESOLUTION NO. 75-9 and attaching the map as an exhibit thereto. There were no proponents nor opponents. The Mayor closed the hearing. Councilman McPherson moved that RESOLUTION NO. 75-9, with the map attachment, be approved. Motion seconded by Councilman Brush and carried unanimously. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 68 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING A PROCEDURE FOR PRESENTMENT OF CLAIMS AND DEMANDS AND FOR THE PAYMENT OF OR OTHER DISPOSITON OF SAME Mr. Hurlburt explained this Ordinance replaces Ordinance No. 3 which required that all checks, other than salary checks, be approved by the Council prior to delivery. The problem was that certain checks must be paid during the interim period. This new ordinance will allow all items approved by the budget by the Council to be paid on a timely basis and allow advantage of discounts. The auditor has recommended staff be given flexibility to issue checks prior to Council approval. Mr. Hurlburt recommended adoption of the Ordinance, as an urgency Ordinance. Attorney Erwin said the ordinance contained a clause which would cause it to become effective immediately. Councilman McPherson moved that further reading be waived and that ORDINANCE NO. 68 be adopted as an urgency Ordinance. Motion seconded by Councilwoman Benson. Councilman Brush said he did not like ordinances coming in at the last minute allowing no time to look at them or discuss them. He said the City had been operating under the old ordinance for a year and could see no reason for the rush. Mr. Hurlburt said this is a streamlined need, that it was brought to our attention by the auditor that this improvement should be made. Councilman Brush said he was going on notice that when things come up at the last minute he is giving notice that he is going to have an automatic no. Mayor Clark advised Councilman Brush that if he had attended the Study Session he would have had adequate time to study it. 3 Motion carried by the following vote: AYES: Aston; Benson; McPherson; Clark NOES: Brush For Adoption: A. ORDINANCE NO. 67 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REGULATING THE DISCHARGE OF FIREARMS WITHIN THE CITY Councilman Brush moved, Councilman Aston seconded that further reading be waived and that ORDINANCE NO. 67 be adopted. Motion carried unanimously. IX. CONTINUING BUSINESS A. 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) Mr. Hurlburt said this had been held over from the last meeting to permit the Planning Director and Councilman Brush to look over the property, and they recommended to accept the Planning Commission recommendation and approve it. Councilman Brush said he is satisfied with the decision of the Planning Commission. He said the area to be paved will extend to the northerly property line of the existing buildings. Councilman McPherson moved that the decision of the Planning Commission be upheld. Motion seconded by Councilman Brush and carried unanimously. X. CONSENT ITEMS HELD OVER - None XI. NEW BUSINESS A. Consider communication from Chamber of Commerce requesting the establishment of a community promotional fund Mr. Hurlburt said if items 1, 2 and 3 were approved he would recommend the inclusion of an additional item, number 4: Direct the City staff to prepare a contract between the Chamber of Commerce and the City for Council approval prior to release of any of the monies funded for community promotion by the Chamber of Commerce. Mr. Joe Benes, President of the Chamber of Commerce, stressed this is not a subsidy but a request for funds to promote the City and the welfare of the businessmen in the City. He said there were almost 300 members at this time and the Chamber serves in excess of 1,000 requests per month by letter, personal visit, or telephone. Councilwoman Benson questioned whether this should be under the auspices of the Chamber and what if other orga- nizations made the same request. Attorney Erwin said under California State laws there are some restrictions, but the Chamber of Commerce is unique and a non-profit organization which sets them apart from other associations. 4 Councilman Brush said it is rightful to return a little bit of the money (referring to business licenses) to the business community to promote the area. Councilman McPherson said the main function is to encourage business and by encouraging business with $5,000, hopefully we would get a good portion back and increase the sales tax revenue. Mr. Benes said they are not asking for a subsidy but for support of projects such as the golf cart parade, deco- ration of the City for the Bob Hope Classic, Christmas deco- rations, etc. Councilman McPherson and Councilman Brush were opposed to spending the money on Christmas lights. Mr. Benes said this was minor. It was emphasized that every expenditure would be approved in advance by the Council. Councilman Aston moved, Councilman Brush seconded that (1) the request received from the Chamber of Commerce be approved in the amount of $5,000; (2) that a Community Promotion Fund be established to provide financial control over the above appropriation and any related items of expense the City Council may approve in the future; (3) that an appropriation transfer of $5,000 be approved from the General Fund - Unappropriated Contingency Reserve Account (Balance $39,180) to the Community Promotion Fund to provide for the promotional program requested; and (4) that the City staff be directed to prepare a contract between the Chamber of Commerce and the City for Council approval prior to release of any of the monies funded for com- munity promotion by the Chamber of Commerce. Councilwoman Benson asked if the contract would specify that it just goes to July 1975. Mr. Hurlburt explained that the contract is an on -going contract but that annually the Chamber would submit a request for a specific amount of funding so that each year the Council would be in control of the monies allotted. In addition, anytime the Council desired to change the contract it could be revised at the end of the fiscal year. Motion was carried unanimously. Mayor Clark announced that following Oral Communications there would be an Executive Session for the purpose of inter- viewing Planning Commission candidates. XII. ORAL COMMUNICATIONS Mr. Jack Damrau, 47-946 Silver Spur Trail, said he had been to several meetings and had trouble seeing, and suggested the podium be moved to the side of the room. Mayor Clark commented it was a good suggestion, that he, too, had the same problem. XIII. REPORTS & REMARKS A. City Manager - None B. City Attorney Attorney Erwin distributed campaign statements to be signed by each Council member reporting any contributions received or expenditures made for the period January 1, 1974 through January 6, 1975. He said they must be filed prior to January 3, 1975. 5 C. Mayor & City Council Mayor Clark said that the City Council and City staff are being subjected to a barrage of letters requesting information from Mr. Clifford W. Henderson with demands for all kinds of information with deadlines for the return of this information. These requests indicate a total lack of knowledge of the very professional budget available to him or any other citizen. While City records are available to any citizen and it has been and will continue to be the policy of this administration to make this information available in an orderly manner, it is obviously impossible to answer repe- titive requests without disrupting the business of operating the City. Therefore, he recommended that further letters of a similar nature be brought to the attention of the City Council for direction on response. The staff of City Hall has been available in the past to any citizen who may come in for information and advice. The City budget, approved by the City Council, and the monthly financial statements are available to any citizen who wishes to learn the facts regarding the City income and the City expenditures, and on directing questions to Mr. Hurlburt and to him, they will explain the budget to them or will direct a competent member of the staff to do so. It is unfortunate that there have been recent attacks on the City Manager. He stated clearly that attacks on the City Manager's actions on City matters are attacks on the entire Council and that they stand behind the budget, the staffing of the City, and its operation. He said the Council directs the City staff in everything but the day-to-day affairs. No action can be taken by any member of the City staff except in a manner pro- vided by the City Council. Councilman Aston concurred with the Mayor's statements and said they were also his statements. Councilwoman Benson complained about not receiving Council agendas further in advance of the meetings. She said when the City first incorporated there was a shortage of personnel but now it is getting worse. She said we now have personnel and that if this continues to happen she will continue to vote no on everything. Councilman McPherson presented a League of California Cities legislative bulletin concerning AB 4186 by Senator Kapiloff which is set for hearing on January 28. This legisla- tion would exclude any low rent housing development for the elderly with state or federal financing assistance from the imposition of any city tax or fee attributable to the construction permit. The League is urging opposition to this bill. Councilman McPherson moved that a letter be directed to Senator Kapiloff in opposition to this legislation. Motion seconded by Councilman Aston and carried by the following vote: AYES: Aston; Benson; Brush; McPherson; Clark NOES: None Councilman Brush said the City of Palm Springs publishes their agenda 10 days in advance of the meeting and he would like City staff to look into the ways they do it and come up with a like procedure. Mr. Hurlburt said there is a shortage of staff. Councilwoman Benson said this has been for a solid year and everytime she asks for something it is because we are too short of staff. Councilman Brush did not think it was staff shortage - he thought consideration of some of the items could be delayed. 6 Councilman McPherson said it seems unfair to automa- tically vote no on an ordinance regardless of the benefits to the City simply because you haven't read it or don't understand it. He thinks it ought to be voted on merit alone. Councilman Brush said he couldn't remember one thing brought before the Council that was acted on in a hurry that he didn't regret afterwards. Mayor Clark said things have been crowded into the Study Session agendas and he suggested directing staff to consider special study sessions for other things than agenda items. Meeting adjourned to Executive Session at 8:42 P.M. for the purpose of interviewing Planning Commission candidates. Meeting was called to order at 10:40 P.M. Mayor Clark said that George Berkey had been appointed as a member of the Planning Commission to fill the unexpired term of C. Robert Hubbard. XVI. ADJOURNMENT Meeting was adjourned at 10: 42 P.M. ATTEST: HENR B. C ,—MAYOR Mary ain'er-Deputy City Clerk