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HomeMy WebLinkAbout1976-08-26MINUTES CITY COUNCIL MEETING AUGUST 26, 1976 CITY COUNCIL MEETING I. CALL TO ORDER Mayor Brush called the meeting to order at 7:05 p.m. on Thursday, August 26, 1976, in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman McPherson Councilman Mullins Councilman Newbrander Councilman Seidler Mayor Brush Also Present: Paul A. Williams, Director of Environmental Services Jeff Patterson, Deputy City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION of Palm Desert Pony League All -Star Trophy. Mr. Pete Goudie presented the City with the second place trophy won by the Palm Desert Pony League All -Star Team in Yucaipa. He pointed out that the Council and the City should be extremely proud of these boys, not only for their outstanding baseball ability but for their admirable citizen- ship. Mayor Brush accepted the award with sincere thanks from the City Council and the entire City. B. RESOLUTION NO. 76-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPOINTING AN ACTING CITY MANAGER. Mayor Brush advised that this item would be placed at the end of the Agenda following the Oral Communications Section. VI. CONSENT CALENDAR A. MINUTES of the August 17, 1976, Special City Council Meeting Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand #8-4. Rec: Approve as presented. C. ZOC 05-76: Review of Planning Commission Action on a Request for Clarification of the Zoning Ordinance by George Ritter. The Planning Commission did find that a restaurant facility may be permitted in the R-3 Zone District by Conditional Use Permit, when in association with a hotel. Rec: Concur with the findings of the Planning Commission. August 26, 1976 Page 1 D. ZOA 03-76: Report on the Planning Commission Action Relative to the City Council Changes to the Amendments to the Palm Desert Zoning Ordinance (Ordinance No. 128), As Recommended by the Planning Commission. Rec: Receive and file. E. LETTER from Mr. Glenn Ventling Regarding a Utility Under - grounding District. Rec: Refer to Staff for study and report. F. TELEGRAM from Mrs. Eunice Pearson. Rec: Receive and file. G. LETTER from Mr. Ed Peck. Rec: Receive and file. H. EXTENSION of Subdivision Agreement - Tract 4489, Morgan - Mitsubishi Development Company. Rec: Adopt a motion extending the completion date for the improvements for Tract 4489 from August 28, 1976, to August 28, 1977. Councilman Seidler requested that Item C of the Consent Calendar be removed to Item X, Consent Items Held Over, for further discussion. Councilman McPherson moved and Councilman Seidler seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS None VIII. RESOLUTIONS A. RESOLUTION NO. 76-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RATIFYING THE 1975-76 BUDGET. Mr. Williams explained that this ratification had been requested by the City auditors and that it was merely a housekeeping exercise. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 76-110. Motion carried unanimously. B. RESOLUTION NO. 76-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCIDNING SECTION NO. 3 OF RESOLUTION NO. 76-103. Mr. Williams explained that the City's insurance broker . had stated that this section was not necessary and there- fore, Staff was recommending that Council rescind it. He further pointed out, however, that the individual store owners should be encouraged to obtain the necessary insurance to protect themselves from potential liability. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-112. Motion carried unanimously. IX. ORDINANCES For Introduction: None August 26, 1976 Page 2 For Adoption: A. ORDINANCE NO. 128 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25 OF THE PALM DESERT MUNICIPAL CODE KNOWN AS THE ZONING ORDINANCE, AS ADOPTED BY ORDINANCES 93 THROUGH 99. Mr. Williams pointed out that this was a second reading and that unless Council had questions, he had no further input. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Ordinance No. 128. Motion carried unanimously. X. CONSENT ITEMS HELD OVER C. ZOC 05-76: Review of Planning Commission Action on a Request for Clarification of the Zoning Ordinance by George Ritter. The Planning Commission did find that a restaurant facility may be permitted in the R-3 Zone District by Conditional Use Permit, When in Association with a Hotel. Councilman Seidler pointed out that when the Zoning Ordinance was originally passed, residential zones were to be kept as residential zones and commercial uses would be kept out. He stated that he did not disagree with the potential in this case in that a restaurant would not detract and might be a good purpose for that land. However, he did not feel that the Zoning Ordinance should be changed but rather a variance should be considered. Councilman Seidler moved and Councilman McPherson seconded to disagree with the findings of the Planning Commission. Motion carried unanimously. Mr. Williams stated that the Planning Commission would be advised of the recommendation and what course of action to follow. XII. NEW BUSINESS A. LETTER from Mr. Roy Carver Relative to Bicycles/Skateboard Controls on Private Property. Mr. Williams explained that this request had come from Mr. Roy Carver resulting from problems he was experiencing in the Palms to Pines Shopping Center. Councilman Seidler expressed concern relative to the City's imposing an ordinance on private property. He stated that he hoped that the City Attorney would come back to Council with suggestions on how property owners could control this themselves without going through the City. Councilman McPherson moved to refer the matter to the City Attorney and Councilman Mullins seconded the motion. Motion carried unanimously. XIII. OLD BUSINESS A. MINUTES of the August 12, 1976, City Council Meeting. Mr. Williams reported that the tape of the August 12, 1976, meeting had been reviewed relative to the motion made under Section XII, NEW BUSINESS, regarding the petition received objecting to a chain link fence at 74-941 Borrego. The tape showed that the motion stood as written and that no direction had been given to staff relative to the Design Review Board conducting a study on the matter. Councilman Mullins moved and Councilman Newbrander seconded to approve the minutes of the August 12, 1976, meeting; carried unanimously. August 26, 1976 Page 3 B. REQUEST for Release of Subdivision Bonds for Tract 6259. Location: Shadow Mountain Country Club; Grapevine Vicinity of Burroweed Lane. Mr. Williams stated that all work had been completed on this 13 lot subdivision and that Staff was requesting the release of bonds. Councilman Newbrander pointed out that Shadow Mountain Country Club had not been in existance for some time and that the subject location should read "Shadow Mountain Golf Club". Councilman Newbrander moved to authorize the City Clerk to release the Faithful Performance Bond and to authorize the City Clerk to release the Labor and Material Bond in six months provided no claims have been filed. Councilman Mullins seconded the motion; carried unani- mously XIV. ORAL COMMUNICATIONS Mr. Harry Hardy, 44-557 San Pasqual, Palm Desert, addressed Council supporting their dismissal of City Manager, Harvey L. Hurlburt. (V) B. RESOLUTION NO. 76-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPOINTING AN ACTING CITY MANAGER. Councilman Seidler moved and Councilman Mullins seconded to adjourn to Executive Session; motion carried unanimously. Mayor Brush adjourned the meeting to Executive Session at 7:40 p.m. Mayor Brush reconvened the City Council meeting at 8:00 p.m. Councilman Seidler moved to waive further reading and adopt Resolution No. 76-111 appointing Mr. Martin J. Bouman as Acting City Manager. Councilman McPherson seconded the motion; carried unanimously. Councilman Seidler stated that it was obvious that the City needed someone at the helm to act as City Manager until Council had had an oppor- tunity to review all applicants. Each member of the Council expressed their support of and confidence in Mr. Bouman. Mr. Bouman was intro- duced and in accepting the position, thanked Council for their confidence. XV. REPORTS AND REMARKS A. City Staff RESOLUTION NO. 76-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ADVANCE TO THE PALM DESERT REDEVELOPMENT AGENCY. Mr. Bouman stated that payment was due the contractor of the Alessandro Project in the amount of $82,065.90. At the present time, the money for the Redevelopment Agency is tied up in inactive deposit certificates and the liqui- dation of these certificates would result in a significant loss. Staff was requesting a loan of $100,000 from the City of Palm Desert to be repaid on October 13, 1976, when the certificates mature. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-113; carried unani- mously. August 26, 1976 Page 4 B. City Attorney None C. Mayor and City Council None XVI. ADJOURNMENT Councilman McPherson moved and Councilman Seidler seconded to adjourn the meeting; motion carried unanimously. Mayor Brush adjourned the meeting at 8:10 p.m. ATTEST: SHEILA R. GILLIGAN Acting City Clerk August 26, 1976 Page 5