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HomeMy WebLinkAbout1975-10-09MINUTES CITY COUNCIL MEETING OCTOBER 9, 1975 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Henry B . Clark called the meeting to order at 7:00 p.m. on October 9, 1975, in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Absent: Councilman Brush Councilman McPherson Mayor Clark Others Present: Councilman Aston Councilwoman Benson Harvey L. Hurlburt, City Manager Paul Williams, Director of Environmental Services Dave Erwin, City Attorney V. APPROVAL OF MINUTES A. Councilman McPherson moved and Councilman Brush seconded that the minues of the September 25, 1975, meeting be approved as presented; carried unanimously. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Design Review Board Mayor Clark indicated that he would like to appoint William Hobbs to fill the vacancy on the Design Review Board created by a resignation. Councilman McPherson moved and Councilman Brush seconded the appointment of Mr. Hobbs; carried unanimously. B. Core Area Redevelopment Finance Committee Councilman Brush moved and Mayor Clark seconded that the Chairman of the Core Area Redevelopment Finance Committee be authorized to appoint members from the list of candidates discussed during Study Session, 3 members to be appointed to fill the 3 vacancies; carried unanimously. C. Voting Council Member for League of Calif. Cities Conference Councilman McPherson moved that the Mayor be designated the voting member for the League conference with Mayor Pro-Tem Brush as the alternate voting member. Councilman Brush seconded the motion; carried unanimously. VII. MISCELLANEOUS COMMUNICATIONS A. Letter from Palm Desert Citizens Action Committee Relative to Citation for James Harman: Mayor Clark advised that a letter had been received from the Palm Desert Citizens Action Committee requesting a citation be given Mr. James Harman, recently resigned Publisher -Editor of the Palm Desert Post. Councilman McPherson moved that the City Manager be directed to prepare a Resolution of Commendation for Mr. James Harman and schedule it for action at the October 23, 1975, Council meeting. Councilman Brush seconded the motion; carried unanimously. B. Letter from Palm Desert Citizens Action Committee Relative to Election of City Treasurer and City Clerk: Mayor Clark advised that a letter had been received from the Palm Desert Citizens Action Committee requesting that the offices of City Treasurer and City Clerk be placed on the next ballot to make them an elective office. The Mayor further advised that it was now too late to place this issue on the November 4, 1975, ballot. Councilman McPherson moved that the letter be received and that Mayor Clark be authorized to appoint a Council committee to review the matter and advise Council as to action. Councilman Brush seconded the motion; carried unanimously. Mayor Clark advised that a Council committee will be appointed by the next Council meeting of October 23, 1975. VIII. PUBLIC HEARING A. CONSIDERATION OF ORDINANCE NO. 88, MODIFYING ORDINANCE NO. 56, SETTING SPECIFIC STANDARDS FOR CONSTRUCTION OF TRASH ENCLOSURES. Mayor Clark declared the Public Hearing open. Mr. Hurlburt explained that this ordinance modified the original ordinance in that it allowed a pilaster and wood trash storage area at a cost of $600 opposed to the fully masonary trash storage area costing $1200 required in Ordinance No. 56. In reviewing the original specifications, it was felt that the fully masonary enclosure might place an undue financial hardship on some people. Councilman McPherson asked what the ordinance called for in the Core Area where most of the existing trash bins are located in an alley. Mr. Hurlburt advised that the ordinance was not speci- fic for different areas. He stated that the City Staff as well as the Refuse Collection company will assist individuals in locating their containers in the best possible place. Where there are obvious problems such as in the Core Area, Staff will ask for extensions of time until some type of solution can be worked out. Mayor Clark asked for input from the audience; there was none. Mayor Clark declared the hearing closed. October 9, 1975 Page 2 Councilman Brush moved to waive further reading of Ordinance No. 88 and pass to second reading with Staff directed to study those areas where there may be changes and that they not enforce these areas as strictly as otherwise enforced. Councilman McPherson seconded the motion; carried unanimously. B. CONSIDERATION OF ORDINANCE NO. 87, RESTRICTING DEVELOPMENT THROUGHOUT THE CITY, EXCEPTING SINGLE FAMILY. Mayor Clark advised that this was again a public hearing and declared the hearing open. Mr. Williams advised that with the pending adoption of completely new development standards as outlined in the Zoning Ordinance map and the Subdivision and Grading Ordinance, there may be hasty filing of projects which do not conform to the new require- ments. The expansion of the restriction on develop- ment reduces the possible conflicts that could occur during this critical transition period from the old County to new City requirements. He further indicated that several projects which were approved right after incorporation under the old County standards have not started construction. These approvals are beginning to expire, and requests are being made for extensions. Since these projects do not conform to the new City standards, the Planning Commission feels that it is appropriate to refuse any extensions unless conform- ance to the new requirements can be achieved. This restriction will resolve this problem. Dave Erwin advised at this point that since this was an "Emergency" Ordinance to be passed with a single reading, a four -fifths vote would be required. Councilman Aston was called to attend the meeting for action on this item. Councilman Brush moved and Councilman McPherson seconded that action on this matter be deferred until later in the agenda and with the presence of Councilman Aston; carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 75-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION 7-3, SECTION 5, APPOINTING A CITY ATTORNEY AND PRuvIDING FOR THE DUTIES OF THE SAME. Mr. Hurlburt advised that this was simply a resolution changing the City Attorney's hourly rate of $50 to $60. This hourly rate is applied for compensation to the City Attorney for work up and above the normal retainer, such as court appearances, defending the City, etc. The resolution does not change the retainer fee and no budget change is required. The increase is in line with all other C-VAG cities. Councilman McPherson moved and Councilman Brush seconded the adoption of Resolution No. 75-98; carried unanimously. B. RESOLUTION NO. 75-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROV- ING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Mr. Hurlburt elaborated on some of the major expendi- tures included in the claims and demands presented and totaling $68,784.75. Councilman McPherson moved and Councilman Brush seconded the adoption of Resolution No. 75-100; carried unanimously. October 9, 1975 Page 3 C. RESOLUTION NO. 75-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A bUDG Jr TRANSFER AND AN ADVANCE PAY- MENT TO THE PALM DESERT ithphvhLOPMENT AGENCY IN THE AMOUNT OF $38,1702 SUCH PAYMENT TO BE TREATED AS A LOAN AND REPAID WITH INTEREST. Mr. Hurlburt advised that this was the first in a series of steps to be taken by Council and the Redevelopment Agency to completely separate financial administration. The $38,170 is a loan to the Agency at an interest rate of 8% per annum. The monies will be taken from the General Fund and the Gas Tax Fund. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 75-101; carried unanimously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 89 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 1 AND 2 OF ORDINANCE NO. 79, PROHIBITING SMOKING AND CARRYING OF LIGHTED OBJECTS IN THE CITY HALL COUNCIL CHAMBERS AND THE CITY HALL CONFERENCE ROOM. Mr. Hurlburt advised that this new ordinance would extend the "No Smoking" prohibition to the Conference Room during scheduled meetings of organized groups. Councilman Brush moved and Councilman McPherson seconded to waive further reading and pass to second reading; carried unanimously. For Adoption: A. ORDINANCE NO. 81 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECOPR/IENDING CHANGES IN THE MAKEUP2 PROut;)utu.s, AND JURISDICTION OF THE DESIGN REVIEW BOARD. Mr. Hurlburt advised Council that as a result of the recommendation of Council during the first reading of this ordinance, the Planning Commission had reviewed the ordinance again and confirmed Council's feelings. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 81; carried unanimously. B. ORDINANCE NO. 86 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 39, RELATING TO DOGS. Mr. Hurlburt informed Council that there were one or two legal determinations yet to be made and suggested that Council wait two more weeks before acting on this ordinance. Councilman McPherson moved and Councilman Brush seconded to table further action on this ordinance until the October 23, 1975, meeting; carried unanimously. XI. CONSENT ITEMS HELD OVER None XII. CONTINUING BUSINESS None October 9, 1975 Page 4 XIII. NEW BUSINESS A. CASE NO. CUP-07-75 - CITINATIONAL BANCORPORATION (Applicant): Request tor a parking lot on property in the R-3 district on the north side of Larrea between Portola and San Luis Rey. Mr. Williams advised Council that the use of this lot as a parking facility helps with the overall parking and circulation pattern for this area of the Commer- cial District. It will afford the most desirable and efficient use of the remaining property of the bank facing El Paseo and help distribute traffic evenly in all directions. The project does conform to requirements of the General Plan, the Redevelopment Plan and the current and proposed Zoning Ordinance. Councilman Brush moved and Councilman McPherson seconded to uphold the findings of the Planning Commission; carried unanimously. B. CASE NO. CUP-6-75 - EUCLID-BALL CO. (Applicant): Request for a home sales office in a new residential subdivision on the south side of Haystack Road between Highway 74 and Alamo. Mr. Williams advised that this was a request for con- version of a garage to a sales office in the new homes on Haystack. The Planning Commission has approved this subject to nine (9) conditions, some of which include that all signs and advertising for earlier models be removed and the model units be con- verted to standard dwelling units. The office shall be returned to a garage before it is sold. Councilman McPherson asked whose responsibility it was to restore Haystack Road since the completion of the sewer line work. Paul Williams stated that Haystack is scheduled for sealing and that this will be pre- ceded by repair of the road by the utility company. Councilman Brush moved and Councilman Aston seconded the approval of a Conditional Use Permit for Euclid -Ball; carried unanimously. C. CASE NO. TENTATIVE TRACT 6753 - LEAVITT & SKOURAS (Applicant): Request for approval of a final map and acceptance of bonds for Tract 6753, located on Burroweed Lane north of Ryway Place. Mr. Williams advised that this was a request for the final map of a 5-unit condominium. A letter has been received from the City Engineer and Road Commissioner that all agreements and bonds were received and acceptable. Mr. John Sanborn, Webb Engineering, addressed Council stating that all conditions listed were satisfactory to them and that they were ready to go upon approval. Councilman McPherson moved and Councilman Brush seconded approval of the final map by adoption of Resolution No. 75-99; carried unanimously. XIV. OLD BUSINESS None October 9, 1975 Page 5 XV. ORAL COMMUNICATIONS Mr. ED BENSON, 1106 Sandpiper, Palm Desert, California, addressed Council asking whether or not the Palm Desert Property Owners Association had been consulted in the approval of the City National Bank request. Mr. Williams stated that they had been notified and that they had also approved the plans. Mr. Benson also inquired as to the landscaping of the new bank and whether or not the trees pictured in the render- ing would be the size required when actually planted. Mr. Williams stated that their landscaping plans had been approved and that most of the trees were 15 gallons. They may not be as tall as pictured, but they would certainly reach that height with growth. XVI. REPORTS AND REMARKS A. City Manager Mr. Hurlburt stated that for a number of years now, Mr. Francisco J. Urrutia has provided services for the design and development of the Community Park. We are now faced with a considerable amount of work to be done with State approval and much more detailed work than previously required. Therefore, Council is requested to approve payment of $3,040 for architect- ural services for restroom facilities, playground equipment, barbeque and picnic areas and equipment, monument sign, park lighting, and road and park improvement. Mr. Hurlburt advised that Staff.had reviewed the using of this firm with the State and they have agreed to accept Mr. Urrutia as the official architect. Councilman McPherson moved and Councilman Brush seconded to authorize the Mayor and City Manager to approve and execute the contract with Francisco J. Urrutia & Associates; carried unanimously. Mr. Hurlburt reported that a meeting had been held by the County to review our request for sidewalk funding for Portola. This matter had previously been sent back to the County by SCAG for further review. Unfor- tunately, the committee had decided to give bicycle paths a priority and we are faced with funding the proposed sidewalk on our own. Because the City/County bus program is not going to move ahead on schedule as anticipated, and monies will not be needed for that project this year, $24,500 will be available for the sidewalk. The remaining monies can be transferred from gas tax funds. This project will be brought back to Council at a later date for action. B. City Attorney None C. Mayor and City Council Mayor Clark advised that a meeting will be conducted on October 15, 1975, at 7:30 P.M. at the College of the Desert, on Solar Energy. It will be a seminar type meeting featuring a 17 minute film. The public is invited to attend. With the presence of Councilman Aston, Mayor Clark reopened the public hearing on Ordinance No. 87, Restricting Development Throughout the City, Excepting Single Family. October 9, 1975 Page 6 Mr. Hurlburt reiterated on some of the points pre- viously outlined concerning this ordinance. Councilman Aston stated that he had reviewed the ordinance in detail and had one question - this does not constitute a moratorium as long as they do comply with new zoning. Mr. Williams indicated that it does not. Mayor Clark asked for input from anyone in the audience. With no response, Mayor Clark declared the public hearing closed. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 87; carried unanimously. XVII. ADJOURNMENT Councilman McPherson moved and Councilman Brush seconded to adjourn the meeting; carried unanimously. The meeting adjourned at 8:20 P.M. HENRY B. CLAR MAYOR ATTEST: HAR'VEY L "'HUB ` , City C er City of Palm Desert, California October 9, 1975 Page 7