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HomeMy WebLinkAbout1975-03-27V. CITY COUNCIL MEETING MARCH 27, 1975 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:02 P.M. on March 27, 1975 by Mayor Clark at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Absent: Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY B. CLARK Councilman CHUCK ASTON Others Present: Harvey L. Hurlburt - City Manager John Patterson - Representing City Attorney Paul Williams - Dir. of Environmental Services APPROVAL OF MINUTES A. Minutes of the City Council meeting of March 13, 1975 were approved as submitted. B. Minutes of the City Council meeting of March 19, 1975 were approved as submitted. VI. AWARDS, PRESENTATIONS & APPOINTMENTS A. Citizens Advisory Committee vacancy appointments Councilman Brush nominated Raul Ruiz and Gordon Goudie, and Mayor Clark nominated Al Koch to membership on the Citizens Advisory Committee. There were no other nomina- tions. Councilman McPherson moved, Councilwoman Benson seconded that Raul Ruiz, Gordon Goudie, and Al Koch be appointed as members on the Citizens Advisory Committee. Councilman Brush suggested the Citizens Advisory Committee consider changing the dates and times of their meetings so that more of the working members would be able to attend. Mayor Clark said this should be passed on to the Chairman of the Committee, Robert Ricciardi. B. Redevelopment Agency Project Area Committee appointments Councilman Brush moved that Graham Dexter and Mrs. 0. K. Hoover be appointed to serve on the Project Area Committee. Motion was seconded by Councilwoman Benson and carried unanimously. VII. CONSENT CALENDAR A. Southern California Gas Co. Notice of Filing of Application and Public Hearing before the PUC Action: Received and filed B Case No. Variance 01-75-H - H. A. McCORMICI: - Request for a variance from the requirements of the Palm Desert Zoning Ordinance, Section 18.12 (Off -Street Parking Requirements) reducing the required parking spaces from 20 to 9 for Lot 21 and Lot 29, Block S, Palm Desert Unit No. 1 located on the north side of El Paseo, between San Luis Rey and Portola (C-P-S) Action: Decision of Planning Commission upheld C. Staff request to set a time and place for Public Hearing regarding the application of the Palm Desert Cab Co. and the Caravan Cab Co. for a permit to operate a taxi cab business Action: Set for Public Hearing on April 24, 1975 ACTION: Councilman McPherson moved, Councilwoman Benson seconded that the Consent Calendar be approved. Motion carried unanimously. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 73 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, RELATING TO THE LICENSING AND IMPOUNDING OF DOGS AND OTHER DOMESTIC ANIMALS AND AMENDING ORDINANCE NO. 39 Councilman Brush moved, Councilman McPherson seconded that further reading be waived and that ORDINANCE NO. 73 be passed to second reading. Motion carried unanimously. For Adoption: A. ORDINANCE NO. 70 - AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF PAL/I DESERT, AMENDING CERTAIN PROVI- SIONS OF ORDINANCE NO. 60 ESTABLISHING A BUSIT'IESS LICENSE PROCEDURE AND FEES Councilman Brush moved, Councilman McPherson seconded that further reading be waived and that ORDINANCE NO. 70 be adopted. Motion carried unanimously. B. ORDINANCE NO. 72 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING THE ORDINANCE CODE TO ESTABLISH A DESIGN REVIEW PROCESS AND BOARD REPEALING ORDINANCE NO. 43 AND REPEALING SECTION 18.30 OF THE ZONING ORDINANCE It was recommended that appointments should be made at the first meeting in April. Councilwoman Benson asked the press to publicize that anyone interested in serving on this Board should apply to the City Hall. Councilman Brush moved, Councilwoman Benson seconded that further reading be waived and that ORDINANCE NO. 72 be adopted. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 75-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, OPPOSING THE PASSAGE OF SENATE BILL 275. Councilman McPherson moved, Councilwoman Benson seconded that further reading be waived and that RESOLUTION NO. 75-20 be adopted. Motion carried unanimously. B. RESOLUTION NO. 75-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST CITY TREASURY Councilman Brush moved that further reading be waived and that RESOLUTION NO. 75-21 approving claims in the amount of $25,632.14 be adopted. Motion seconded by Councilman McPherson and unanimously carried. X. CONTINUING BUSINESS A. Contract with Dickson Towing Service for towing and impounding abandoned motor vehicles in Palm Desert B. Contract with Dick Webb Brush Disposal Company for lot cleaning and clearing services Mr. Hurlburt said there had not been time to review the contracts and asked that they be removed from the agenda until the next meeting. There were no objections from the Council, and the items were removed. XI. CONSENT ITEMS HELD OVER - None XII. NEW BUSINESS A. Letter request from Holiday Realty to appeal decision re temporary on site advertising structure in front of building Mr. Williams said as a result of a complaint received from a citizen, the Planning staff reviewed the Holiday Realty business at 73-700 El Paseo and found that the realty company puts out a sign on the sidewalk advertising residences and land for sale which is in violation of the zoning ordinance. Mr. Coffin, the owner, does not feel his sign is any more objection- able than others throughout the City and is appealing the matter Councilman Brush thought it should be made clear that it was a complaint filed with the City which obligated them to pursue the matter. He asked if Mr. Coffin had been notified that the matter was on the agenda tonight, and apparently he had not been so notified. Mr. Hurlburt advised that Mr. Coffin had not been advised and recommended that for this reason, and the fact that he was not in the audience, the appeal be held over until the meeting of April 10. Councilman McPherson moved that this appeal be held over and that Mr. Coffin be advised that it will be on the agenda for the next meeting. Motion seconded by Councilwoman Benson and carried unanimously. B. Request from Community Legal Services of Riverside County to present a proposal to provide certain legal services to low income residents of Palm Desert After some discussion, Councilwoman Benson moved that action be deferred until the City has made an assessment of social service requirements for the community, established priorities and formulated policy, and that staff notify the Committee of this action. Motion seconded by Councilman Brush and approved unanimously. 3 C. Request for approval to amend the adopted 1974-75 budget to reflect mid -year budget estimates and to record revised estimated revenue, appropriation, and fund balance figures in the City's accounting records Mr. Williams said on February 26, 1975, a contract was entered into with the Smith Electric Supply Co. to install signals at El Paseo and Portola. Due to one of the signal heads having to be relocated 14', an additional $1,842 will be required. Staff requested a change order to the contract with Smith Electric to provide for the additional $1,842 and that the City Manager be authorized to notify the County of the change. Councilman Brush moved that the expenditure of $1,842 be authorized to move the signal standard back from Portola. Motion seconded by Councilman McPherson and carried unanimously. Mr. Hurlburt recommended certain transfers in the budget to correct overestimates or underestimates and gave a summary. Councilman Brush moved to approve the amended 1974-75 mid -year budget estimates and to record revised estimated revenue, appropriation, and fund balance figures in the City's accounting records. Motion seconded by Councilman McPherson and carried unanimously. XIII. ORAL COMMUNICATIONS Evelyn Young asked about the status of the signal at Deep Canyon and Highway 111. Mr. Williams said this is a part of the Federal Aid Urban which has been applied for to the Federal Government for funding on 87% of the signal. It is the number one priority in the area. The funding is esti- mated to be released in June or July of this year. The City's matching fund of 17% will be in the next year's budget. The signal should be constructed in either June or July of 1975. XIV. REPORTS & REMARKS A. City Manager Mr. Hurlburt said he received today as the City Clerk and signed for a Petition for a Writ of Mandamus and Declaratory Relief from the attorneys for the Palm Desert Referendum Committee, the Palm Desert Property Owners Association, and Concerned Citizens of Palm Desert. He recommended that since the Council meeting will be over early and before the Redevelop- ment Agency meeting, that a legal Executive Session be held with the Attorney. He also said that in the past few days the Council had received a detailed list of the changes in the General Plan requested by the Referendum Committee. He recommended that it be referred to the Planning Commission for further study. Councilman Brush suggested it be done in two parts, one in the General Plan and one in the Zoning Ordinance. Mayor Clark said the Zoning Ordinance will be ready by the middle of May. This has to go through public hearings for approval. It then goes to the Council for public hearings for approval. All this must be done by the 1st of August or the deadline for the Redevelopment Agency will be missed. If the deadline is missed, the City is out $1,800,000. 4 Mr. Hurlburt said the proposed changes would be presented to the Planning Commission next Monday. Mayor Clark asked how the Palm Desert Property Owners Association Board could purport so speak for all their members, that he was a member, and they certainly knew his feelings. He asked the attorney if it were not a proper subject to be investigated, and the attorney concurred. B. City Attorney - None C. Mayor & City Council Councilwoman Benson asked for a list of all City employees to be prepared for Council information. Also, she requested a list of the Ordinances and Resolutions which had been passed. Meeting was adjourned at 8:20 P.M. to Executive Session for the purpose of discussing legal and personnel matters, to resume at 9:00 P.M., just prior to the meeting of the Redevelopment Agency with the Planning Commission and Project Area Committee. Meeting was called to order at 9:05 P.M. Mr. Hurlburt announced that Attorney Patterson had explained to the Council the significance of the petition, the schedule, legal ramifications, etc. City Attorney Erwin will be back tomorrow and will go into detail with the Staff and make a subsequent report to the Council in more depth. XV. ADJOURNMENT Meeting was adjourned at 9:07 P.M. ATTEST: r HENRY B. ' MAYOR Mary ainter% Deputy City Clerk 5