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HomeMy WebLinkAbout1975-06-26MINUTES CITY COUNCIL MEETING JUNE 26, 1975 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:05 P.M. on June 26, 1975, by Mayor Henry B. Clark, at the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY B. CLARK Others Present: Harvey L. Hurlburt, City Manager Dave Erwin, City Attorney Paul Williams, Director of Environmental Services V. APPROVAL OF MINUTES A. Minutes of the City Council meeting of June 12, 1975 Councilwoman Benson moved and Councilman Aston seconded that the minutes of the City Council meeting of June 12, 1975, be approved as submitted; carried unanimously. VI. CONSENT CALENDAR A. Notice of Application for Alcoholic Beverage License by PHYLLIS JEAN & RICHARD H. NICKEL, known as VILLAGE LIQUORS, 73-460 Palm Desert Drive Action: Receive and file Councilman Brush moved and Councilman Aston seconded that the Consent Calendar be approved as presented; carried unanimously VII. PUBLIC HEARING A. Continued Joint Public Hearing of the City Council and the CITY REDEVELOPMENT AGENCY on the EIR and the pro- posed Redevelopment Plan for PROJECT AREA NO. 1 Because of the early hour and the fact that the Public Hearing was scheduled for 8:30 P.M., Council agreed to proceed with the Agenda and open this Joint Public Hearing at the designated time. B. Consideration of a PROPOSED ABANDONMENT of a portion of NORTH PALM DESERT DIRVE located at the northeast corner of the intersection of De Anza Way and North Palm Desert Drive Paul Williams indicated that staff was recommending that City Council abandon a portion of public right-of- way along the northeast corner of the intersection of the North Frontage Road and De Anza Way with subsequent reversion to private ownership. He indicated that it was a trade of property in that we are abandoning this portion of the intersection and in return BOB GIOGA is granting us a portion of North Palm Desert Drive and Alessandro for improvement of the intersection. -1- 6/16/75 MRS. DAVID BOND, 44-532 San Pasqual Way, addressed herself to Council to offer a complaint about the design of the intersection. After discussion, it was determined that Mrs. Bond was referring to a different intersection that had nothing to do with the area in question. Mr. Williams indicated that the proposed abandonment conformed to the California State Government Code, as well as to the City's General Plan and recommended that Council approve the request by adopting RESOLUTION NO. 75-57. Councilman McPherson moved and Councilman Aston seconded that the proposed abandonment of a portion of North Palm Desert Drive, located at the northeast corner of the intersection of De Anza Way and North Palm Desert Drive be adopted by RESOLUTION NO. 75-57; carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 75-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS & DEMANDS AGAINST THE CITY TREASURY Councilman Aston moved and Councilman McPherson seconded that RESOLUTION NO. 75-52 authorizing claims and demands against the City Treasury in the amount of $73,706.46 be adopted; carried unanimously. B. RESOLUTION NO. 75-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING AUTHORIZATION FOR THE CHAMBER OF COMMERCE TO CONDUCT THE ANNUAL GOLF CART PARADE AND APPROVE THE PROPOSED PARADE ROUTE Councilman Aston moved and Councilman Brush seconded that RESOLUTION NO. 75-53 be adopted with the correction that the date of the parade and for posting signs be changed to July 6; carried unanimously. C. RESOLUTION NO. 75-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING STOP SIGN CONTROL ON VARIOUS STREETS Councilman Brush moved and Councilman Aston seconded that RESOLUTION NO. 75-55 be adopted with the exception of State Highway 74 and El Paseo, with the recommendation that this latter item be returned to staff for further study; carried unanimously. D. RESOLUTION NO. 75-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING THE DESIGNATION OF A PRIVATE ROAD LOCATED 135 FEET EAST OF GOLDENROD LANE, NORTH OF GRAPEVINE STREET, AS GRAPEVINE LANE Paul Williams advised Council that staff had received letters from the Riverside County Office of Road Commissioner & County Surveyor, the U.S. Post Office in Palm Desert, and the Riverside County Office of the Assessor, indicating that this request from the residents of this street would present no problem, and staff therefore recommended the adoption of the resolution. Councilman McPherson moved and Councilman Aston seconded that RESOLUTION NO. 75-56 be adopted; carried unanimously. -2- 6/26/75 E. RESOLUTION NO. 75-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, LICENSING THE PALM DESERT CAB COMPANY AND THE CARAVAN CAB COMPANY TO PROVIDE SERVICE IN THE CITY OF PALM DESERT Mr. Hurlburt indicated that the letter received from EDDIE ANDERHOLT withdrawing the Palm Desert Cab Company's application had not been valid in that he was not the owner, nor was he acting on behalf of the directors. He also indicated that a meeting was to be scheduled to establish a uniform rate schedule, requirements for meters and airconditioning, and upgraded equipment. Mr. Hurlburt recommended that the resolution be adopted with the addition of "for a period of one year" to the last line, and that conditions of the resolution be sub- ject to negotiation by the City Manager. BURTON FIORE, Caravan Cab Company, addressed Council expressing concern about the rate structure under study, as well as a concern that he would have to upgrade his equipment, even though the resolution specified a one year trial period. He did not feel this length of time would justify the expenditure he would have to make to replace his present equipment. RAUL TURBYFILL, 74-125 OLD PROSPECTOR TRAIL, addressed Council expressing the opinion that he did not feel that one man within the City should make the final decision on the cab franchise. Mayor Clark advised him that the decision would be made by the entire Council. Councilman Brush moved and Councilman McPherson seconded that the matter be held over until such time as all of the details could be worked out and brought before Council for approval; carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 78 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING SPEED CONTROLS ON VARIOUS STREETS Paul Williams advised Council that since several months ago when a speed zone study in Palm Desert had been requested, such a study had been conducted under the State Vehicle Code. As a result, a list of speed zones for specified streets was being presented. Councilwoman Benson expressed concern over the speeds allowed on streets close to the schools, as did Councilman McPherson. After disucssion, general opinion was that the speeds suggested for these streets were still too high. Councilman Brush moved and Councilman McPherson seconded that ORDINANCE NO. 78 be moved to second reading, with the deletion of Portola Avenue between Avenue 44 and Highway 111, and the deletion of Avenue 44 from Fairhaven Drive to Deep Canyon Drive, these two specific areas to be returned to the Traffic Committee for further review and recommendation; carried unanimously. B. ORDINANCE NO. 79 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, PROHIBITING SMOKING AND CARRY- ING OF LIGHTED OBJECTS IN THE CITY HALL CHAMBERS Councilman McPherson moved and Councilwoman Benson seconded that ORDINANCE NO. 79 be passed to second reading; carried unanimously. -3- 6/26/75 X. CONTINUING BUSINESS A. Request for approval of a BLOCK PARTY on San Nicholas Avenue from Monterey Avenue to San Anselmo Avenue on Saturday, July 19, from 5:00 P.M. to 1:00 A.M. Mr. Hurlburt introduced RESOLUTION NO. 75-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING A STREET CLOSURE OF SAN NICHOLAS FOR A PROPOSED BLOCK PARTY. He indicated that the County Road Department has given the City signs and barricades, and the Sheriff's Department will provide surveillance for that area during the specified evening. Mr. Hurlburt also advised that approval should be given subject to conditions to be imposed by the City Manager, such as the appointment of an individual to be respon- sible for setting up signs and barricades; appointing an individual to be responsible for security; appropriate beverage control; and the receipt of a "Hold Harmless Clause" from the individuals conducting the party. Councilman McPherson moved and Councilman Brush seconded that RESOLUTION NO. 75-61 be adopted; carried unanimously. XI. JOINT PUBLIC HEARING OF THE PALM DESERT REDEVELOPMENT AGENCY WITH THE PALM DESERT CITY COUNCIL Chairman Clark called the meeting to order at 8:35 P.M. Members present: ASTON; BENSON; BRUSH; McPHERSON; Chairman CLARK Others present: Harvey L. Hurlburt Dave Erwin Paul Williams Paul Williams advised that four additional letters had been received commenting on the EIR and the Redevelopment Plan for Project Area No. 1 - Concerned Citizens of Palm Desert, two letters dated June 6, and July 12; California Department of Transportation; U.S. Department of the Interior, Bureau of Land Management. He then explained their concerns and the City's response to those concerns. JACK MOOREHEAD, 45-555 SAN PASQUAL, requested clarification from Council regarding the reference in the EIR to the pro- posed development of blight areas. Mr. Moorehead stated that he did not feel that any area in Palm Desert could be considered a "blight" area. He also requested clarification as to where the $54,000 a year that would be lost to the City would come from in the first place. Mayor Clark advised that the word "blight" in this sense in a legal term and in the case of Palm Desert refers to drainage problems, traffic problems, parking problems, etc. In answer to Mr. Moorhead's second question, Mayor Clark advised that the figure in question was actually $57,000. These monies would come to the City from buildings such as the Food King and Pomona First Federal Savings. When the property taxes were assessed on these buildings, they were in first stages of construction and taxes were assessed at the property value, a much lower figure than what they are now worth in their completed state. If the General Plan is approved, the tax -ase will be frozen as of March, 1974, and the City will receive the $57,000 per year for the life of the Redevelopment Agency Program, plus the tax base increment will increase each year thereafter for the life of the Agency. -4- 6/26/75 DUNCAN REYNOLDS, 47-047 GOLETA, asked Council whether or not the City had to have a Redevelopment Agency. Chairman Clark advised that it was not mandatory. However, Council and staff found that there were problems within the City that needed correcting, and decided that a good way to correct these problems was with the establishment of a Redevelopment Agency under California State Law, giving the City the right to tax increment financing. Councilman Brush added that these problems (drainage, traffic, and parking), have been complained about by residents for a long time. Mr. Moorehead then discussed the Redevelopment Agency within the City of Costa Mesa where the City was allowed to buy land and sell it back to developers. Further discussion found that Mr. Moorehead was confused in that the project in Costa Mesa was federally funded. Mr. Hurlburt pointed this fact out, and stressed that the City of Palm Desert's Redevelopment Agency has nothing to do with federally funded projects. The only similarity between the two cities is in the name of the agency. Councilman Brush stated that as long as he was on the City Council, no federally funded projects of this nature would be allowed. Councilman McPherson pointed out that one of the nice things about the tax increment financing of Redevelopment Agency projects is that it can be done without cost to homeowners. ROBERT JOEHNCKS, Attorney for the Redevelopment Agency, con- firmed Councilman Brush's statement that the Agency would still exist if the General Plan is defeated, but advised that a totally new Redevelopment Plan would have to be com- pleted. Mrs. Bond readdressed Council, stating that she did not feel $57,000 would do much for the City, and asked how the City would get the rest of the money needed for the projects. Chairman Clark advised that it was not the total responsibil- ity of the City, using the example of the water district taking care of flood control. He then reiterated regarding funds received for the life of the Agency. HARRY HARDY, 45-597 SAN PASQUAL, pointed out to Council that the $57,000 figure was the only figure the public was aware of. Councilman McPherson advised Mr. Hardy that the City is not sure of future figures, but the $57,000 is definite. During discussion, the question was raised as to how long the City would have to approve the Redevelopment Plan. Chairman Clark advised that the County has assured the City that they can inform the City by July 10, as to the vote count. If there is a 50% Yes vote, the City can form the Redevelopment Agency on July 10, and conduct a second ordinance hearing by August 15. The Redevelopment Agency will remain in effect, and the March 1974 tax base will be frozen. Mr. Hardy stated that in the event the present General Plan is defeated, the tax increment is not dead and the City would be eligible for these funds once a new plan is approved. Chairman Clark advised that the $57,000 would be lost forever, and the City could not start the Redevelopment Project for a year, at a time when a new plan is approved, should the City lose the election. The City must have a General Plan by July 10, in order to receive the funds. Mr. Hurlburt advised that the Program must be filed by August 19. -5- 6/26/75 Paul Williams advised that should the City lose the election, it will take a year to develop a new and sub- stantially different plan. The Referendum Committee is asking for minor changes, but they are not substantial, so could not be approved. Mr. Hardy asked Council if the General Plan must be reviewed once a year, if it could be revised, and how long, it would take. Paul Williams advised that it would require two public hearings and publication. Mr. Hardy then asked why an extension of time would not be possible, and Mr. Hurlburt advised him that it would require the County Assessor to change the County -wide date for closing of the tax rolls and this cannot be done. Councilman McPherson moved and Councilman Brush seconded that the Joint Meeting be continued to July 10; carried unanimously. MEETING ADJOURNED AT 10:00 P.M. MAYOR CLARK CALLED A TEN MINUTE RECESS MEETING RECONVENED TO REGULAR CITY COUNCIL MEETING AT 10:10 P.M. XIV. NEW BUSINESS A. Request for approval of Contractural Agreement between the City of Palm Desert and R.F. DICKSON COMPANY, INC., for Street Sweeping Services Mr. Hurlburt indicated that the City has been trying to select a contractor for street sweeping for some time, and that the County has been doing it on an unscheduled basis, but are not anxious to continue, and their cost to the City is high. The City of Palm Springs contracts with the Dickson Company, which has been more economical that doing the work themselves. The contract is for a three year period with a clause permitting an extension of two additional years. The insurance coverage by Dickson is $2 million. Mr. Hurlburt explained the type of equipment they will be using and outlined the specific sweeping schedules for the City. He further stated that Dickson Company has numerous City contracts and is highly recommended. Councilman McPherson moved and Councilman Aston seconded that the contract be approved and that the City Manager be author- ized to sign; carried unanimously. B. Consideration of a request for authorization by staff to proceed with the construction of the pedestrian sidewalk on Portola Avenue from Highway 111 to the Palm Desert Middle School. Paul Williams stated that Council had directed staff to develop a plan for a sidewalk in this area to provide for the school children traveling from the residential areas to the Palm Desert Middle and Lincoln Schools complex. The approximate cost of this project is $36,960; however, staff has learned that money is available under recent State legislation which provides for 27 of the State's SB 325 money to be diverted and utilized by the Counties for the construction of bicycle and pedestrian systems. Mr. Williams indicated that he had spoken with the State and learned that few requests had been made for this money, and since it was to be used for the protection of children, there should be no problem in receiving full financial assistance. -6- 6/26/75 CORRECTION TO THE MINUTES OF JUNE 26, 1975 Paul Williams advised that should the City lose the election, it will take a year to develop a new and sub- stantially different plan. The Referendum Committee is asking for minor changes, but they are not substantial, so could not be approved. Mr. Hardy asked Council if the General Plan must be reviewed once a year, if it could be revised, and how long it would take. Paul Williams advised that it would require two public hearings and publication. Mr. Hardy then asked why an extension of time would not be possible, and Mr. Hurlburt advised him that it would require the County Assessor to change the County -wide date for closing of the tax rolls and this cannot be done. Mayor Clark declared the hearing closed. Councilman McPherson moved and Councilman Brush seconded that the Joint Meeting be continued to July 10; carried unanimously. MEETING ADJOURNED AT 10:00 P.M. MAYOR CLARK CALLED A TEN MINUTE RECESS MEETING RECONVENED TO REGULAR CITY COUNCIL MEETING AT 10:10 P.M. XIV. NEW BUSINESS A. Request for approval of Contractual Agreement between the City of Palm Desert and R. F. DICKSON COMPANY, INC., for Street Sweeping Services. Mr. Hurlburt indicated that the City has been trying to select a contractor for street sweeping for some time, and that the County has been doing it on an unscheduled basis, but are not anxious to continue, and their cost to the City is high. The City of Palm Springs contracts with the Dickson Company, which has been more economical than doing the work themselves. The contract is for a three-year period with a clause permitting an extension of two additional years. The insurance coverage by Dickson is $2 million. Mr. Hurlburt explained the type of equipment they will be using and outlined the specific sweeping schedules for the City. He further stated that Dickson Company has numerous City contracts and is highly recommended. Councilman McPherson moved and Councilman Aston seconded that the contract be approved and that the City Manager be author- ized to sign; carried unanimously. B. Consideration of a request for authorization by staff to proceed with the construction of the pedestrian sidewalk on Portola Avenue from Highway 111 to the Palm Desert Middle School. Paul Williams stated that Council had directed staff to develop a plan for a sidewalk in this area to provide for the school children traveling from the residential areas to the Palm Desert Middle and Lincoln Schools complex. The approximate cost of this project is $36 960; however, staff has learned that money is available under recent State legislation which provides for 2% of the State's SB 325 money to be diverted and utilized by the Counties for the construction of bicycle and pedestrian systems. Mr. Williams indicated that he had spoken with the State and learned that few requests had been made for this money, and since it was to be used for the protection of children, there should be no problem in receiving full financial assistance. Councilman McPherson moved and Councilwoman Benson seconded that staff be authorized to proceed with preparation of the final drawings and bid documents for construction of the side- walk; carried unanimously. C. Request for transfer of $923 from the Unappropriated Contingency Reserve to provide for repair of the exist- ing sprinkler system at the Community Park and to install a two-inch pressure relief valve (UCR balance: $10,767) Mr. Hurlburt reported that there is a problem with the sprinklers at the Park resulting in a lack of sufficient water to a particular area, causing grass and shrubbery to die Mr. Hurlburt also advised that the City is eligible under the CETA I Vietnamese Veterans' Program for one employee to act as security officer, and to advise the City of citizen requests and/or complaints regarding the Park. The position is part-time, 20 hours a week. Councilman Brush moved and Councilman Aston seconded that the transfer of $923 be approved; carried unanimously. Councilman Brush moved and Councilman McPherson seconded to approve the CETA I position; carried unanimously. D. Request for transfer of $160 from Unappropriated Con- tingency Reserve for the purchase of Code Books for the Building Board of Appeals use (UCR Balance: $10,607) Councilman Aston moved and Councilman McPherson seconded that the request for transfer of $160 be approved; carried unanimously E. Case No. PUP-01-75 RIVERSIDE COUNTY DEVELOPMENT CENTER Request for a public use permit to allow applicant to operate a development center school for mentally retar- ded children at 74-109 Larrea (R-3-4000) Paul Williams advised Council that approximately 20 children and 5 supervisors will be at the newly requested facility, the main facility to remain on Chicory Street. The children will range from 3 1/2 to 21 years of age. The playground facility is located in the back and is totally fenced. Councilman Aston moved and Councilman McPherson seconded to uphold the findings of the Planning Commission; carried unanimously. F. Case No. C/Z No. 1892 MRS. S. CONTE: Request by the County of Riverside to comment on a change of zone from R-1-1 to W-2 and R-2-14,000 on 10 acres on the south side of Country Club between Monterey and Portola extended Paul Williams advised that the proposed change of zone would convert the 5 acres adjacent to Country Club to a low density residential zone while the 5 acres immediately to the rear would become W-2. This change would make it compatible with the current and proposed development as established in both the Cove Communities and Palm Desert General Plans. Councilman Brush moved and Councilman Aston seconded that staff write a letter to the County of Riverside expressing concern over the zone change proposal; carried unanimously. XV. REPORTS AND REMARKS A. City Manager Mr. Hurlburt introduced RESOLUTION NO. 75-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPOINTING A TEMPORARY DEPUTY CITY CLERK FOR THE PURPOSE OF CONDUCTING A GENERAL PLAN REFERENDUM ELECTION. This position is to be filled by ELDON JONES, Riverside County Elections Department, and will be terminated as soon as the election is completed. Councilman Aston moved and Councilwoman Benson seconded to adopt RESOLUTION NO. 75-59; carried unanimously. B. City Attorney Dave Erwin advised Council that Superior Court has ruled that if the General Plan is defeated on July 8, the County Cove Community Plan cannot be brought back into effect. If the electorate votes against the General Plan, the City will have no plan until a new one with substantial changes can be adopted. Discussion followed as to the effects this will have on building within the City. It was noted that with no General Plan, the City has nothing to conform to, which will prevent proposed City improvements, residential and commercial building, additions to existing residents, building of fences, etc. It was also noted that the Redevelopment Agency would be dead. XVI. ADJOURNMENT The meeting was adjourned at 10:55 P.M. ATTEST: HENRY B. CL K, MAYOR City of Pal esert, California lv' Sheila iiiigan,.D,puty City Clerk -8- 6/26/75 FROM THE TAPE OF JUNE 26TH MEETING - VERBATUM Mayor Clark: I believe that everybody has spoken who wishes to speak, and I will now close the public hearing. McPherson: Mr. Mayor, I move this item be continued to July loth. Brush: I'll second that motion. Mayor Clark: The Public Hearing is closed, and the item be continued to ---- McPherson: July 10th. Mayor Clark: --- July loth. The Public Hearing is closed and the item be continued to July loth. Aston: Second that. Mayor Clark: What is your pleasure? Was there a move and second? Brush: There was. Mayor Clark: All in Favor? (unanimous response) Mayor Clark: All Opposed? (no response) Mayor Clark: Unanimously carried. EMI DOCUMENT TO WHICH THIS CERTIFICATE $ ATTACHED, to II:rJ TO BE A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE AND ON r.4... iguo IN MY OFFICE. Dated: ..... HARVEY L HURLBURT, City Clint ' City at Palm Dart. California