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HomeMy WebLinkAbout1976-01-22MINUTES PALM DESERT CITY COUNCIL JANUARY 22, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Henry Clark called the meeting to order at 7:00 p.m. on January 22, 1976, in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Aston Councilwoman Benson Councilman Brush Councilman McPherson Mayor Clark Also Present: Harvey L. Hurlburt, City Manager Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney V. MINUTES Mayor Clark stated that the minutes of the December 18, 1976, meeting should reflect that Councilman Aston will remain as Chairman of the newly created Solar Energy Committee after he leaves the City Council in March. Councilman McPherson moved and Councilwoman Benson seconded that the minutes of the December 18, 1976, meeting be approved as amended. Carried unanimously. Councilwoman Benson moved and Councilman Aston seconded that the minutes of the January 8, 1976, meeting be approved as presented. Carried unanimously. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mr. Ken Williamson, President of the Palm Desert Jaycees, presented the City Council with a Bicentennial Flag to be raised at the City's entrance. Mayor Clark accepted the flag and expressed the sincere gratitude of the City Council as well as the entire City. VII. CONSENT CALENDAR Councilwoman Benson requested that Item "C" of the Consent Calendar be removed for further discussion under Section XI, Consent Items Held Over. Councilman McPherson moved and Councilman Aston seconded that Items A and B be received and filed. Motion carried unanimously. January 22, 1976 Page 1 VIII. PUBLIC HEARINGS A. UNDERGROUNDING DISTRICT #2: Public Hearing on the Creation of an Undergrounding District Between Highway 111 and El Paseo from Portola West to Larkspur. Mayor Clark explained the proceedings of the Public Hearing and declared the Hearing open. Mr. Hurlburt pointed out that Staff had listed two alternatives for Council to consider. He further stated that when the undergrounding was originally considered 6-7 months prior to this, an estimate of approximately $600 per property owner had been given. However, in recent examination, it was found that some of the costs were going to be considerably higher. While normally it was the responsibility of the property owner to determine what the costs would be, the fact that the City had used the $600 figure might cause some problems. With this in mind, Staff was recommending that the Council hold the hearing over to February 26, 1976, in order that a further study might be made. Mr. Williams outlined the purpose of the hearing in that it was to establish the feasibility of the establishment of utility undergrounding in the blocks bounded by El Paseo on the south, Highway 111 on the north, Portola on the east, and Larkspur on the west. Mr. Williams explained the existing facilities, participation of the utility companies, timing, cost, and financing. He further explained that under the Public Utilities Commission procedure, the City of Palm Desert had been assigned a total of $48,338 for the two previous years. It is assumed that the City will receive at least $26,652 this year which would total $74,990 for the three year period. Utilizing this amount and the City's next three year's allocation of an estimated $79,956, the City has available approximately $154,946 for an undergrounding project. Based upon the estimated undergrounding cost of $149,000, it would appear that sufficient monies did exist to complete the project. Councilman Brush inquired as to whether a local contractor would be hired if Council chose to conduct a survey. Mr. Williams replied that several local electrical contractors had been contacted and that they were available to do the survey on a time available basis. MR. DICK KITE, 73-757 Highway 111, asked Council if the $600 figure was a per lot basis. Mayor Clark indicated that this figure had been obtained some months prior to this and that it would probably cost much more now. Mr. Kite asked why it was just in the two block area and not from Portola to Highway 74. He stated that he felt it would cost less doing the project that way. Mr. Hurlburt replied that it was determined how far the money would reach and with the monies available, this was as much area as could be covered. MR. BEN BARNUN, Palm Desert, expressed strong opposition to the undergrounding district on behalf of Mr. Harold Bromley. He stated that if you do it for the north side of El Paseo as a financial assistance that it should also be done for the south side. He did not feel that fair consideration was being given to the property owners on the south side of the street. January 22, 1976 Page 2 Councilman Brush pointed out to Mr. Barnun that Mr. Bromley had been included in a Public Hearing a few weeks prior for the purpose of setting up an under - grounding district and that attempt had been totally unsuccessful. Even Mr. Bromley had not supported the proposal. With no further public input, Mayor Clark declared the Public Hearing Closed. Councilwoman Benson moved to continue the hearing to February 26, 1976; direct the City Manager to hire a qualified person on an hourly basis to review the existing electrical services in the district; and direct staff to meet with all interested property owners in the district to review estimated costs for conversion of the existing services. City Attorney Dave Erwin advised that if the hearing was to be continued that Mayor Clark should reopen the hearing. The Mayor did so reopen the public hearing. Councilwoman Benson amended her motion and Councilman McPherson seconded that the hearing be continued to February 12, 1976; that the City Manager hire a qualified person on an hourly basis to review the existing electrical services in the district; and staff meet with all interested property owners in the district to review estimated costs for conversion of the existing services. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 76-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF PLANNING DIVISION FILES THAT HAVE BEEN MICROFILMED. Mr. Hurlburt explained that by law, the City was required to maintain certain records for a certain period of time. However, due to lack of space, Staff was requesting that since a number of Planning Division files have been micro- filmed they be allowed to destroy the files. Councilman Brush moved and Councilman Aston seconded to waive further reading and adopt Resolution No. 76-10; carried unanimously. B. RESOLUTION NO. 76-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A LOAN OF NOT TO EXCEED $23,400 OF GENERAL FUND MONEY TO THE COMMUNITY HOUSING AND DEVELOPMENT FUND. Mr. Hurlburt stated that he had been advised by the Housing and Community Development Department of Riverside County that the HUD Grants of $15,000 for the Master Drainage Plan and $8,400 for the Special Census would not be available to finance these projects but would rather be reimbursed to the City after completion of the programs. Staff therefore was requesting a loan from the Surplus Monies Account to cover these two projects with eventual reimbursement from HUD. Councilman Brush moved and Councilman Aston seconded to waive further reading and adopt Resolution No. 76-11; carried unanimously. C. RESOLUTION NO. 76-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING A PROPOSAL TO THE PEOPLE OF THE STATE OF CALIFORNIA AN AMENDMENT TO THE CONSTITUTION OF THE STATE, BY AMENDING SECTION 8 OF ARTICLE I THEREOF, RELATING TO INDIVIDUAL RIGHTS. Mr. Hurlburt explained that Senator Stull was supporting an amendment to the State Constitution wherein the joining of any organization could not be a condition of employment. He further explained that this resolution was being adopted January 22, 1976 Page 3 by other cities and it was Staff's recommendation that the Palm Desert City Council adopt it. Councilman Aston moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 76-13; carried unanimously. X. ORDINANCES A. ORDINANCE NO. 109 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 26, AMENDING THE UNIFORM FIRE CODE. Mr. Hurlburt explained that this ordinance resulted from a request of City Council to eliminate parking problems in fire lanes such as those located in the Market Basket. Councilman McPherson inquired as to whether this ordinance would apply to other areas within the City and Mr. Hurlburt stated that after it went into effect, the Fire Department and the Sheriff's office would be notified to conduct a survey of similar areas and to include them to prevent similar problems. Mayor Clark inquired as to when the City would be getting a Fire Marshall in that this seemed like an appropriate project for such an individual. Mr. Hurlburt explained that the County Counsel had been contacted on numerous occasions regarding this but that for some reason, his review had been delayed. However, He further stated that he had received word within the past few days that this would be processed in the immediate future. Councilman McPherson moved and Councilman Brush seconded to waive further reading of Ordinance No. 109 and pass to second reading. Carried unanimously. For Adoption: A. ORDINANCE NO. 100 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 15, PALM DESERT ADMINISTRATIVE CODE. Mr. Hurlburt pointed out that this was the second reading of this ordinance and that unless Council had questions, there would be no further Staff input. Councilman McPherson moved and Councilwoman Benson seconded to waive further reading and adopt Ordinance No. 100; carried unanimously. B. ORDINANCE. NO. 101 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 17, PALM DESERT ELECTRICAL CODE. Mr. Hurlburt explained that this ordinance had been outlined in detail at previous readings and that unless Council had questions of Staff, he had no further input. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 101; carried unanimously. C. ORDINANCE NO. 107 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ARTICLE 25.46 OF THE PALM DESERT MUNICIPAL CODE. Mr. Williams pointed out that because Council had made changes to the originally proposed map, the changes had been sent back to the Planning Commission for further review and study. The Planning Commission reviewed each of the changes separately and concurred with all of them with the exception of the 7 lots on the east side of Highway 74 frontage road between Haystack and Homestead. January 22, 1976 Page 4 Mr. Williams further stated that Council could either con- cur with the Planning Commission Report and pass a revised Ordinance No. 107 to second reading or they could deny the Planning Commission Report and approve 2nd reading of the original ordinance and adopt it. Mr. Williams presented a petition to Council signed by the property owners of the Palm Desert Highlands area wherein they opposed the rezoning of the 7 lots on the Highway 74 frontage road between Haystack and Homestead. Mayor Clark indicated that most of the Council had received calls from individuals in this area and were aware of the opposition. Councilman McPherson moved and Councilman Brush seconded to concur with the findings of the Planning Commission Report and pass a revised Ordinance No. 107 to second reading; carried unanimously. XI. CONSENT ITEMS HELD OVER C. Letter from Palm Desert Citizens' Rights Committee Requesting that Legislation Relative to Campaign Financial Statements and Expenditure Limits be Rescinded. Councilwoman Benson indicated that she had asked that this item be held over for further clarification of the matter. Mr. Hurlburt pointed out that this letter had requested an emergency meeting to revoke the ordinance that has been enacted "governing the rules for candidates to public office". He further explained that in reviewing the letter, it was obvious that the Committee had con- fused and intermingled the requirements of the City ordinance establishing campaign expenditure limitations with the requirements of the State Fair Political Prac- tices Commission legislation wherein candidates must disclose campaign finanacial matters. Items 4, 5, and 6 of Mr. Kane's letter definitely deal with the legislation of the Fair Political Practices Commission. In talking to other cities about this ordinance, Palm Springs had indicated that the matter had never been brought up; Desert Hot Springs voted 4-0 in favor of it at its first reading but because of pressure from their City Attorney and the press, they had defeated it at its second reading. Our City Attorney, Dave Erwin, and the League of California Cities do endorse this ordinance and its legality. Councilwoman Benson moved and Councilman McPherson seconded to receive and file the letter from the Palm Desert Citizens' Rights Com- mittee; carried unanimously. XII. CONTINUING BUSINESS None XIII. NEW BUSINESS A. Recommendation for Approval of Contract With Book Publishing Company for Codification of City Ordinances. Mr. Hurlburt stated that monies had been budgeted for this project and that there are firms that do nothing but codify ordinances for cities. He further stated that the Staff had looked into two firms and determined along with City Attorney Dave Erwin that the Book Pub- lishing Company was the best. They have an excellent reputation. January 22, 1976 Page 5 Mr. Erwin reiterated on Mr. Hurlburt's statement of the excellence of the Book Publishing Company of Seattle stating that they are doing much of the work for the other cities in the Valley. The contract provides for 50 copies of the codification at a cost of $11 per page or approximately $3,000. The City will provide 2 copies of each ordinance. They will analyze them, put them in the proper order and will make recommendations for updating, additions, and deletions where there are conflicting ordi- nances. Councilman Aston moved and Councilman Brush seconded to approve the contract with the Book Publishing Company and authorize the City Manager to sign; carried unanimously. B. Case No. Tentative Tract 5797 - Silver Spur Associates: Request for a 12-month extension of an 82-Lot Subdivision Map in the Ironwood Development. Mr. Williams outlined the request indicating that it was for approval of a 12-month time extension for the tentative map for 82 units in Ironwood Country Club. He stated that the Planning Commission had reviewed it and found it to meet the requirements of the State Map Act as amended. Councilman Aston moved and Councilman McPherson seconded the adoption of Resolution No. 76-14 approving the 12-month extension; carried unanimously. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS MRS. HELEN BREEDING, Cathedral City, addressed Council express- ing opposition to the rezoning of her property in the Palm Valley area and inquiring what she could do to appeal it. Mayor Clark indicated that she should come to the Planning Department of City Hall and file an appeal so that the normal appeals process could be followed. MR. DICK KITE, 73-757 Highway 111, Palm Desert, asked Council about the feasibility of installing a street light at the cor- ner of Highway 74 and Haystack. Mayor Clark stated that this whole area was in need of lighting and with Council's approval directed Staff to investigate the matter. XVI. REPORTS AND REMARKS A. City Manager 1. Mr. Hurlburt indicated that about a year ago a painting had been given to the City and that several other art objects had been offered to the City either as gifts or for sale. Staff felt that an Art Committee should be established in an attempt to evaluate the objects as well as to determine a long-range plan for future needs of this type. Councilman Brush moved and Councilman Aston seconded that an Art Committee should be established and that names of possible members should be presented at the next meeting; carried unanimously. 2. Citizens Advisory Committee: Mr. Hurlburt reported that a questionnaire had been sent to all members of the Citizens Advisory Committee requesting their opinion as to the future role of the Committee. He indicated that 11 of the members had responded with 5 indicating they would like to have a personal meeting, 1 asking that the Committee be put on an on -call basis, and 5 stating that the Committee should be resolved. January 22, 1976 Page 6 Mayor Clark pointed out that without the Citizens' Advisory Committee in the early stages of the formation of the City, that we would not be as far along as we are. He commended all past and present members of the CAC for the long hours of dedication. He further pointed out that if the Committee were dissolved, the members could be utilized on other committees, commissions, or ad -hoc committees. Mayor Clark moved that the Citizens Advisory Committee be dis- solved and that the present members be utilized on other committees or commissions and directed Staff to prepare Resolutions of Commendation for all of the members. Councilwoman Benson seconded the motion; carried unanimously. Councilman Brush moved and Councilman Aston seconded that the new City Council seated in March be requested to utilize the members of the Citizens Advisory Committee on future committees within the City. Carried unanimously. 3. Traffic Directional Signs to Palm Desert Mr. Hurlburt reported that a few months ago, a traffic sign appeared on Bob Hope Drive and Country Club Drive directing Palm Desert traffic to the east 3 miles. However, vehicles must proceed only 1 mile before they turn south on Monterey to Palm Desert. He pointed out that it is easy to miss this sign, particularly at night, and vehicles arrive in Indio before they realize the sign was misleading. He also pointed out that Monterey was not the most attractive entrance to the City and is in effect the back door. He stated that Rancho Mirage had installed the sign as well as a sign on the north side of Highway 111 and the east side of Bob Hope Drive. He explained that this was also a poorly located and poorly designed sign and was contrary to a request which had been made by the City of Palm Desert. Attempts to rectify the situation with Rancho Mirage's City Manager, Bill Probert, had proved fruitless and Staff was suggesting that the Mayor write a letter to the Rancho Mirage City Council requesting their assistance. Councilman McPherson moved and Councilman Aston seconded that the Mayor be authorized to send a letter to the Mayor of Rancho Mirage requesting the signage be changed. Motion carried unanimously. 4. Monterey Extension Mr. Hurlburt reported that the parties promoting the extension of Monterey Road to Interstate 10 were moving ahead with the plans. In addition to the property owners, Palm Desert, Rancho Mirage, and the County will be involved in this project. Staff was suggesting that a meeting be held on Wednesday, January 28th, at 5:00 p.m. to discuss this project with Mr. Jim Dale, representative of the property owners, and to also give a full descrip- tion of the program. Another meeting would be held the next morning establishing one of the agencies involved as the "lead agency" to coordinate the project, receive funds, etc. Councilman Brush moved and Councilwoman Benson seconded that a special Study Session meeting be held at 5:00 p.m. on Wednesday, January 28, 1976, in the City Hall Conference Room to discuss the extension of Monterey Road; carried unanimously. B. City Attorney None January 22, 1976 Page 7 C. Mayor and City Council 1. Councilman McPherson reported that there is still a traffic problem at the Post Office in that people are double parking on the west side of Portola and running across the street. He asked whether better Sheriff patroling would help solve this problem. Councilman Brush asked if putting up better directional signs would help and further suggested that it be directed to the Traffic Committee for review. Mr. Williams was subsequently directed to direct this item to the Traffic Committee. 2. Councilman McPherson stated that he had had an occa- sion to drive down Portola Avenue and that most of the children were not using the sidewalk. Mr. Hurlburt pointed out that the sidewalk was not totally complete and that the children might be somewhat confused. He offered to write a letter to both Lincoln School and Palm Desert School and request that they educate their students on the use of the sidewalk. Council so directed Mr. Hurlburt. 3. Mayor Clark stated that Article 26 in the State Bylaws provided gas tax funds for the construction of State highways. He further reported that the governing board is promoting at the present time in the State legislature a proposal that will bring an initiative in the next November election to permit this money to go in the General Fund. This means that it gives the State politicians more money to spend on anything that they want. Senator Stull is trying to defeat this bill, and Mayor Clark suggested that City Council authorize a letter to Senator Stull and Tom Suitt recommending that the bill be defeated. Mayor Clark moved and Councilman McPherson seconded a motion to authorize the Mayor to send a letter to the appropriate State represen- tatives of our area opposing this amendment to the Bylaws; motion carried unanimously. 4. Mayor Clark reported that the C-VAG Executive Com- mittee had met and discussed the value of C-VAG. He further indicated that there will be a vote taken at the General Assembly meeting of C-VAG as to the continuance of this agency and he would like Council's approval to vote in favor of it. Mayor Clark moved and Councilman Aston seconded that the Mayor be authorized to vote for the the continuance of C-VAG at the General Assembly Meeting; carried unanimously. XVII. ADJOURNMENT Councilman Aston moved and Councilman Brush seconded that the meeting be adjourned to Study Session on January 28, 1976, at 5:00 p.m. in the City Hall Conference Room; carried unanimously. ATTEST: �YURL R Cit Y Clerk January 22, 1976 Page 8