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HomeMy WebLinkAbout1975-09-251. MINUTES CITY COUNCIL MEETING SEPTEMBER 25, 1975 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:00 P M. on September 25, 1975, by Mayor Henry B. lark at the Palm Desert City Hall Council Chambers. PLEDGE INVOCATION ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY Others Present: harvey L. Hurlburt, City Manager Paul Williams, Director/Environmental Dave Erwin, City Attorney V. APPROVAL OF MINUTES CLARK Services Councilman McPherson moved and Councilman Aston seconded to approve the minutes of the September 11, 1975, meeting as pre- sented; carried unanimously. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Clark moved that Councilman Chuck Aston be appointed as Chairman of the Bicentennial Committee; Councilman McPherson seconded the motion. The motion carried unanimously. VII. CONSENT CALENDAR None VIII. PUBLIC HEARING A. CONSIDERATION OF ORDINANCE NO. 81, RECOMMENDING CHANGES IN THE MAKEUP, PROCEDURES, AND JURISDICTION OF THE DESIGN REVIEW BOARD (CONT. FROM AUGUST 14, 1975). Mayor Clark outlined the procedure for conducting the Public Hearing and declared the Public Hearing open. Mr. Hurlburt stated that as a result of a joint meeting of the City Council and the Planning Commission and a subsequent meeting between the Council, Planning Commission, and Design Review Board, this ordinance was being presented to correct some rough spots in the present procedure and workings of the Design Review Board. These changes include the following: The DRB will maintain the 7 member board with 2 staff members being ex-officio members. However, in the event that less than 5 of the voting members were present, the vacancies would be filled by the staff members to maintain 5 voting members. The order of replacement will be the Director of Environmental Services, then the Building Official. The new ordinance provides that there must be a quorum of 4 for a meeting to proceed. Determination of rulings must be by a majority of 3. Probably the most important item in this new ordinance is the allowance of staff to process single-family residential matters. This will speed up the process from 2 to 4 weeks. The Design Review Board will become an advisory agency to the Planning Commission as opposed to taking final action on items as it does now. Mr. Hurlburt pointed out that because this ordinance represents a substantial change from the original ordinance advertised, after completion of the first reading, it will also be necessary to move that the ordinance be referred back to the Planning Commission for study and report. Under the present schedule, it can go back to the Planning Commission and return before the October 9th Council meeting. Mayor Clark asked if anyone in the audience was present to oppose or ask questions relative to Ordinance No. 81. With no response, Mayor Clark declared the Public Hearing closed. Councilman Brush moved and Councilman Aston seconded that Alternate #2 of Ordinance 81 be passed to second reading and that the Planning Commission further study and report on it prior to second reading on October 9th; carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 75-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CONFIRMING ASSESSMENTS ON PROPERTY OWNERS IN SAID CITY, FOR THE ABATEMENT OF NUISANCES ON VACANT LOTS. Mr. Hurlburt advised that this was the normal process- ing for liens on properties for costs associated with cleanup by the City. He further indicated that since the list of 13 had been presented to Council, all property owners had paid or had indicated they would pay except ##1, #3, and #9 of Exhibit A. Councilman Aston moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 75-91 deleting all property owners listed on Exhibit A except #1, ##3, and #9; carried unanimously. B. RESOLUTION NO. 75-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPROVING CLAIMS & DEMANDS AGAINST THE CITY TREASURY. Mr. Hurlburt outlined briefly the major expenditures listed on the demands included in this resolution. Demands #9-1 and #9-2 were included totaling S34,028.03. Councilman McPherson moved and Councilman Aston seconded to waive further reading and adopt Resolution No. 75-94; carried unanimously. C. RESOLUTION NO. 75-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING RESOLUTION NO. 74-103, AUTHORIZING THE ESTABLISHMENT OF A PAYROLL REVOLVING ACCOUNT. Mr. Hurlburt indicated that this was necessitated by the fact that we do have a revolving account by which we now supply $10,000 for payroll processing. Because of salary increases, the fact that we now have a full staff, and consideration of step increases to be processed during the fiscal year, $10,000 is no longer a sufficient amount. The new resolution increases this account to $12,000 which is more than adequate. September 25, 1975 Page 2 Councilman McPherson moved and Councilman Aston seconded to waive further reading and adopt Resolution No. 75-95; carried unanimously. X. ORDINANCES A. ORDINANCE NO. 86 - AN ORDINANCE OF THE CITY COUNCIL OF ThE CITY OF PALM DESERT, AMENDING ORDINANCE NO. 39, RELATING TO DOGS. Mr. Hurlburt indicated that this amendment to the original ordinance complies with the ordinances given us by the County and conforms to the changes in rates which they have made. Their hourly charge has increased from $8.56 per hour to $9.06 per hour. The mileage rate has changed from 13C a mile to 15c a mile. Other changes include wording such as the "Pound" being called the "Animal Control Center" and "Chief Animal Control Officer" to "Health Officer." Councilwoman Benson expressed disagreement with Section 7 allowing senior citizens over the age of 60 to pur- chase one dog license for $1.00. She indicated that to a great extent, our population was made up of senior citizens who were financially able to pay the regular fee. Councilman Brush supported this view. Councilman Brush also inquired as to why.we cannot request a double rate or higher for unspayed or unneutered dogs. Mr. Hurlburt indicated that the County does not dictate what fees we charge and that should Council so desire, the rates can be increased. He further indicated, however, that State law requires a 100% differential between spayed and non -spayed dogs. Council asked Frank Allen, Code Enforcement Supervisor, what the costs and advantages associated with our own animal control facilities would be. Mr. Allen indicated that Desert Hot Springs had just started their own facility and that it cost them $13,500. We are, however, larger in population and our costs would run higher. Mr. Allen also indicated that we do have a real problem with dogs running loose and that the County cannot really provide adequate control over this problem. Mayor Clark asked that further study be made of alternative methods of control and a report given to Council at a later date. Councilwoman Benson moved and Councilman Brush seconded to waive further reading of Ordinance No. 86 and pass to second reading with the deletion of Paragraph 5 of Section 7 (2.1) relating to the $1.00 fee for senior citizens; motion carried with 4 "aye" votes and Councilman Aston voting "no." XI. CONSENT ITEMS HELD OVER - None XII. CONTINUING BUSINESS - None XIII. NEW BUSINESS A. CASE NO. PM 7078, IRIS CARMEL (Applicant): Request for approval of a Lot Consolidation for Three 50' Lots to One 150' Lot on the North Side of El Paseo Between Portola and San Luis Rey. Paul Williams advised that this was a request to con- solidate Lots 27, 28, and 29 of Block S, Palm Desert Unit #1, into one parcel by approving Parcel Map 7078 and waiving the requirement for a final map. He September 25, 1975 Page 3 further indicated that the Planning Commission had approved this consolidation finding that it would help reduce lot parcelization problems that now exists in the Core Commercial Area. The proposed development would be compatible with existing and proposed development in the area, and the Parcel Map does comply with all requirements of the Palm Desert Subdivision Regulations. Councilman Brush moved to approve the request by adoption of Resolution No. 75-96 and Councilman McPherson seconded the motion; carried unanimously. B. CONSIDERATION OF REQUEST FOR A WAIVER OF ThE REQUIRE- MENTS OF CITY COUNCIL RESOLUTION NO. 74-73, Relating to Carports for Single -Family Residences Located on the Southeast Corner of Old Prospector Trail and Portola, and the Northwest Corner of Panorama and Peppergrass. Paul Williams advised Council that 2 written requests for waivers of these requirements had been received. The first was on an existing dwelling on the northwest corner of Peppergrass and Panorama from Mr. John Outcault for Mr. and Mrs. Martin McKe11. The second was from Mr. Joe Cleary on an existing dwelling at the southeast corner of Portola and Old Propsector Trail. Both homes do not have an existing covered carport nor do they have room for the required 2 covered spaces. Staff feels that both of these requests have merit and would improve the appearance and value of both properties as well as the property in the area. Councilman Brush moved that the requirements of City Council Resolution No. 74-73 be waived for these two particular residences. Councilman Aston seconded the motion; carried unanimously. C. REQUEST FROM MAYOR IRA D. CALVERT OF CORONA, CALIFORNIA, for Support of Mayor Ben Lewis of Riverside as Representative on the Policy Task Force for Air Quality Maintenance Plan. Mayor Clark advised that he had received the letter from Mayor Calvert requesting that the Palm Desert City Council support appointment of Mayor Ben Lewis. After considerable discussion, it was decided that Council could support Mayor Lewis of Riverside, support Councilman Foster Carter of Desert Hot Springs as Indio did, or nominate someone else. Councilman Aston moved and Councilwoman Benson seconded to direct Mayor Clark to advise the committee for the appointment of a Policy Task Force member that the Council has recommended the appointment of Mayor Lewis and Councilman Foster Carter of Desert Hot Springs to the committee with the explanation that we feel the problems are different in this portion of the County; carried unanimously. XIV. OLD BUSINESS - None XV. ORAL COMMUNICATIONS - None XVI. REPORTS AND REMARKS A. City Manager 1. Mr. Hurlburt advised Council that at the present time we have 6 CETA positions, 2 of which are full-time and fully paid for by the Government and both of these have been funded through this fiscal period. The other 4 half-time positions consist September 25, 1975 Page 4 of 2 fire hydrant testers and 2 code enforcement officers - 1 in Environmental Services, and 1 in Management Services. Effective September 30, 1975, funding for the 4 latter positions has been discontinued and in order to continue them, Council would have to approve continuation of the positions. The hydrant checking program should be completed within one month at an estimated cost of $500. Loss of the 2 code enforcement officers would create an overload of work on the City employees and less control over enforcement. Continuation of these 2 positions would cost approximately $4,362. We are fortunate to have employees of very high caliber filling these two positions. Councilman Brush moved and Councilman Aston seconded the following motion: That the two half-time positions of "Hydrant Tester" be continued under City funding for approximately one month beginning October 1, 1975, until such time as the hydrant testing program is completed. That the two half-time positions of "Code Enforcement Officer" be continued under City funding for the remainder of the 1975-76 fiscal period. The motion carried unanimously. 2. Mr. Hurlburt indicated that Council has now appointed many members of the public to boards, commissions, committees, etc. Many of them are in the position to provide services to the City. We have no policy now in doing business with these people, and it is unfair for them to give freely of their time to the City and then find they are not allowed to do business with us because of their participation in City activities. In order to put the City in a better position, Council policy should be made regarding "conflice of interest" on the part of these appointees. Councilman McPherson pointed out, however, that in adopting such a policy, individuals such as those mentioned would not be given first consideration. Councilman McPherson moved and Councilman Aston seconded that Council appointees to membership on City commissions, boards, and committees will not preclude said appointee from doing business with the City or from being hired by the City for professional or other types of services unless there are circumstances which would indicate a definite conflict of interest under state law; motion carried unanimously. 3. RESOLUTION NO. 75-97 - AMENDING RESOLUTION NO. ,D-iu, AYEKUV1NU AN urixATING BUDGET FOR THE PERIOD OF JULY 1, 1975, THROU.GH JUNE 30, 1976. Mr. Hurlburt explained that an error had been discovered in terms of the total amount of money available to us. The original resolution showed an advance to the Redevelopment Agency of $34,315 when it was $15,170. This means an additional General Fund surplus of approximately $20,000. The amended resolution shows a corrected Total Operating Expenditure of $1,054,048 with a corrected Total General Fund Expenditure of $1,069,218. These changes make the total of Expenditures $1,455,104. This also corrects an error in the salaries portion of the budget. Councilman McPherson moved and Councilman Aston seconded adopt on of Resolution No. 75-97; carried unanimously. September 25, 1975 Page 5 4. MAGNESIA FALLS CONSTRUCTION BIDS Mr. Hurlburt indicated that official notice from the State had been received approving construction of the Magnesia Falls project including the parking lot. Prior to advertising for bids, it is necessary to get formal Council approval. He further indicated that approval by Council at this meeting would speed the project along by about 2 weeks. Bids will be called for at 4:00 P.M. on October 15th in the City Hall Conference Room. Councilman Brush moved and Councilman Aston seconded that staff be authorized to call for bids at 4:00 P.M. on October 15, 1975, in the City Hall Conference room; carried unainmously. B. City Attorney - None. C. City Council 1. Councilwoman Benson inquired about the progress of the landscaping plans for Highway 111 and El Paseo. Paul Williams indicated that the material had been given to Mike Buccino for review and for preparation of a proposal to Council. Due to the magnitude of the material given to Mr. Buccino, more time had been required for review than had been anticipated. A report, however, is forthcoming. 2. Councilman Brush asked if the El Paseo merchants and the Property Owners' Association had been notified of the October 8th meeting. Paul Williams advised that this will be done and that a final report will be available from Wilsey & Ham for this committee meeting. 3. Councilwoman Benson, in connection with the complaint received from Mrs. LaMotte regarding police protection, indicated that she had talked with a resident who attended the meeting conducted by Lt. Renny wherein a neighborhood watch system was set up. She indicated that very favorable comments had been received about not only the meeting, but the idea of establishing such a system. Mr. Hurlburt elaborated on the complaint from the residents in this area who were concerned about the heavy number of incidents in which the police were involved - fires, theft, etc. The Sheriff's Department is not staffed to give 100% protection at all times, and the neighborhood system seems very feasible. Councilwoman Benson further stated that Lt. Renny had advised the group that he would be happy to meet with any neighborhood group to explain how this type of system worked. Mr. Hurlburt will investigate and advise. 4. Councilman Brush inquired as to what was being done about the Goodwill Collection Box in the Market Basket parking lot. Many complaints have been received about the overflow of material around the box. Mr. Hurlburt advised that he had instructed Frank Allen to investigate this and found that the office of Goodwill is in San Bernardino. They have agreed to give us twice a week pickup. However, the businessmen in the area will continue to watch as September 25, 1975 Page 6 will City staff to see that this problem is solved. We may have to move the location of the box. 5. Councilman Brush inquired as to the regulation for restaurants to post their ratings. Mr. Hurlburt advised that this is not a City ordinance. Should we place such a requirement in effect, we would have to contract with the Health Department to enforce it. Mr. Hurlburt will investigate and give a report to Council. 6. Councilman McPherson inquired as to when the Post Office was going to correct their parking lot. Paul Williams indicated that this should have been completed by now and will check into the matter. 7. Councilman McPherson asked whether or not Mission Belle had done anything since the public hearing. Paul Williams advised that no applications for permits had been taken out nor has there been any activity there. Councilman Brush pointed out that per the action taken as a result of the public hear- ing they must meet a particular deadline or Wells Fargo will take action against them. Mr. Hurlburt advised at this time that Market Basket was nearly completed. Staff had been advised that the cash bond was being processed, but that the work would more than likely be completed before the bond was issued. XVII. ADJOURNMENT Councilman Aston moved and Councilman Brush seconded that the meeting be adjourned; carried unanimously. The meeting was adjourned at 8:30 P.M. k c„&'// HENRY $ CCLLAMAYOR ATTEST: RVEY L. URL:i`', City C er City of Palm Desert, California September 25, 1975 Page 7