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HomeMy WebLinkAbout1976-07-22MINUTES CITY COUNCIL MEETING JULY 22, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting of the City Council to order at 7:05 p.m. on Thursday, July 22, 1976, in City Hall Council Chambers. II. PLEDGE - Councilman McPherson III. INVOCATION - Mayor Pro-Tem Mullins IV. ROLL CALL Present: Councilman McPherson Councilman Mullins Councilman Newbrander Mayor Brush Also Present: Harvey L. Hurlburt, City Manager Stephen Fleshman, Associate Planner David J. Erwin, City Attorney Hunter T. Cook, City Engineer V. CONSENT CALENDAR Absent: Councilman Seidler A. APPLICATION for Alcoholic Beverage License by MUMPER ENTERPRISES, INC. for YOUNG'S BUFFETERIA, 74-360 Highway 111, Palm Desert, California. Rec: Receive and file B. MINUTES of the July 8, 1976, Meeting of the City Council. Rec: Receive and file. C. RESOLUTION NO. 76-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING CLAIMS & DEMANDS AGAINST THE CITY TREASURY. Rec: Waive further reading and adopt. Mr. Hurlburt requested that Item C be removed from the Consent Calendar and placed under Section X, Consent Items Held Over, as he had material to add to it. Council so agreed. Councilman McPherson moved and Councilman Mullins seconded to approve the Consent Calendar with the deletion of Item C. Motion carried unanimously. ILLEGAL SIGN Mayor Brush asked that an item be discussed at this time that was not on the agenda, that of an illegal sign at the Village Bootlegger Delicatessen. Mr. Hurlburt read into the record and for the benefit of the audience the staff report outlining the particulars involved with the installation of an illegal sign at the Village July 22, 1976 Page 1 Bootlegger (copy attached to the minutes). The sign installed was not designed to meet the requirements of the plan approved by the Design Review Board nor was it in accordance with the plans submitted for issuance of a building permit. Mr. Hurlburt pointed out that Mr. Calvert, Acting Building Director, had placed a "stop work" order on the project when City staff dis- covered the discrepancy and that the sign had been installed beyond the "stop work" order. He further noted that conditions of approval for the sign stated specifically that all prior existing liquor store signs were to be removed and yet, to date, all previous signs still existed. The following alternatives were proposed for Council action: 1) Instruct the City Attorney to notify the sign company and the Village Bootlegger to remove the sign immediately, or further legal action will be taken. 2 Adopt a Resolution calling for a Public Hearing for the owner of the Village Bootlegger Liquor Store to show cause why his business license should not be revoked and his opera- tion closed. 3) Adopt a Resolution calling for a Public Hearing for Imperial Sign Company of Indio to show cause why their Palm Desert business license should not be revoked. 4) By minute motion, instruct the Building Department to void the existing building permit to install any sign on the building. 5) Instruct staff to file a complaint with both the Department of Consumer Affairs and the State Contractor's Board regard- ing the method in which the Imperial Sign Company has con- ducted business within this City. MR. JIM INGLE, IMPERIAL SIGN, INDIO, addressed Council stating that he had ordered his help to stop all work on the sign as soon as the "stop work" order was issued. Councilman Newbrander asked if he knew who then connected the sign to an operational state, and Mr. Ingle stated that he did not know who, unless the owner had done so. Mr. Ingle stated that he had fabricated the sign to plans provided him by the owner,, and therefore, the owner was responsible for the sign. He further stated that all people make mistakes and that this was the first one of this type his firm had encountered. Councilman McPherson moved to (1) instruct the City Attorney to notify the sign company and the Village Bootlegger to remove the sign immediately or further legal action would be taken; (2) adopt a resolu- tion calling for a Public Hearing for the owner of the Village Bootlegger Liquor Store to show cause why his business license should not be revoked and his operation closed; and (5) instruct staff to file a complaint with both the Department of Consumer Affairs and the State Contractor's Board regarding the method in which the Imperial Sign Company has con- ducted business within this City. Councilman Mullins seconded the motion. Motion carried unanimously. VII. PUBLIC HEARINGS A. REVIEW of the Final Environmental Impact Report on the New Sign Ordinance for the City of Palm Desert, California, (Continued from July 8, 1976.) Mayor Brush pointed out that this was a continued Public Hearing from July 8, 1976, and declared the Public Hearing open. Mr. Steve Fleshman outlined the environmental impact report and offered to answer any questions Council might have. Mayor Brush asked for input in Favor of the EIR and there was none. July 22, 1976 Page 2 Mayor Brush asked for input in Opposition to the EIR and there was none. Mayor Brush declared the Public Hearing closed. Councilman Newbrander moved to approve the Final Environmental Impact Report on the New Sign Ordinance by adoption of Resolution No. 76-89 and Certify the EIR as complete. Councilman Mullins seconded the motion; carried unanimously. B. CONTINUED CASE NO. ZOA 02-76, SIGN ORDINANCE. Public Hearing on the Adoption of a New Sign Ordinance for the City of Palm Desert, California, Amending Section 25.38 of the Palm Desert Municipal Code. (Continued from July 8, 1976.) Mayor Brush declared the Public Hearing open. Mr. Hurlburt pointed out that a letter had been received from the Palm Desert Property Owners' Association (copy attached) indicating their total support of the ordinance. He read the letter for the record. Secondly, he noted that a meeting had been held at the Chamber of Commerce wherein misstatements of fact had been made concerning the ordinance. Subsequently, Staff met with some of the members of the Chamber and these mis- statements were corrected. He further pointed out that the meeting of the Chamber had resulted also in an article appearing in a local newspaper which was not quite accurate. He pointed out the areas of misunderstanding in the article and stated that these also had been resolved. Councilman Mullins stated that because of the controversial nature of this ordinance, he felt that it should be con- tinued until the fall so as to be sure all residents wishing to express their opinions could be heard. Council- man McPherson explained that he felt Council should also have ample time for study of the proposed ordinance to ensure making the proper decision. Mayor Brush explained that all input would be received for the record but that the item would be continued to a later date. Mayor Brush asked for input in FAVOR of the ordinance. MR. RON GORMAN, 73-900 El Paseo, Palm Desert, addressed Council expressing full support of the ordinance as written and complimenting the Planning Commission and the Chamber of Commerce for an excellent job. He expressed concern that an Indio resident and owner of a sign company was speaking for the people of Palm Desert. MRS. LELA THOMPSON, DESERT BEAUTIFUL, stated her organiza- tion's full support of the ordinance and also suggested that Mrs. Marian Henderson be asked to participate in some of the City committees. MRS. ASHLEY McDERMOTT, 92-921 Sonora Drive, Palm Desert, stated his support of the ordinance and expressed concern over the light pollution already beginning in Palm Desert. He asked for caution in the preservation of the beautiful desert night skies. With no further input offered in favor of the ordinance, Mayor Brush asked for input in OPPOSITION to it. MR. JIM INGLE, IMPERIAL SIGN COMPANY, offered opposition to the ordinance stating that it was too restrictive. He read a list of objections and left them for the record (Attach- ment "A"). MR. THORAL LAKE, 74-300 Highway 111, Palm Desert, expressed the objection to the following sections: July 22, 1976 Page 3 Section 13-0.01 Section 15.07 Recommended that the 30 days be changed to 90 days or the close of escrow. Also change restriction on sign size. Recommended that the 1' back from window placement be taken out inas- much as it prohibited fair advertising. MR. GEORGE KRYDER, President of the Palm Desert Retail Mer- chants Association, addressed Council reading his organiza- tion's opposition for the record and leaving them for the record (Attachment B). MRS. EVE OWENBY, 73-251 Joshua Tree, Palm Desert, expressed concurrence and support of all of Mr. Kryder's statements. MR. MORRIS REICHLY, 73-305 Royal Palm Drive, Palm Desert, stated that he felt there were inequities in the ordinance that would hurt the small businessman in the community. He noted that although the ordinance was apparently designed to preserve the eliteness of the community, there were people living in homes ranging anywhere from $200,000 to $21,000 and this ordinance would hurt the "little guy". Council discussion ensued. Councilman McPherson moved and Councilman Mullins seconded to continue the public hearing on the Sign Ordinance to the meeting of September 9, 1976. Motion carried unanimously. Mayor Brush declared the hearing continued to September 9, 1976. C. CASE NO. ZOA 03-76, AMENDMENTS TO THE ZONING ORDINANCE: Public Hearing on Various Amendments to the Zoning Ordinance. Mayor Brush declared the Public Hearing open. Mr. Fleshman outlined the proposed amendments to the Palm Desert Zoning Ordinance for Council. He pointed out that this set of amendments was a result of staff working with the Planning Commission to resolve some of the errors and omissions as well as minor adjustments to the zoning ordinance which was recently adopted. Council discussion followed. Mayor Brush asked for input in FAVOR of the amendments. None was offered. Mayor Brush asked for input in OPPOSITION to the amendments and none was offered. Mayor Brush declared the hearing closed. Councilman McPherson moved to adopt Ordinance No. 128 and pass to second reading. The motion died for lack of a second. Councilman Mullins moved to approve Ordinance No. 128 and pass to second reading with the exception of Conditional Uses on Page 25.16 (1) known as Item 3. Councilman Newbrander seconded the motion. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 76-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 74-51, RELATING TO CHARGES FOR FURNISHING COPIES OF PUBLIC RECORDS. Mr. Hurlburt requested that this item be continued to the meeting of August 12, 1976. Council agreed and the item was so continued. July 22, 1976 Page 4 B. RESOLUTION NO. 76-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE SUPER- INTENDENT OF STREETS TO NOTIFY VARIOUS PROPERTY OWNERS TO INSTALL CURB, GUTTER, AND/OR SIDEWALKS UNDER PROVISIONS OF CHAPTER 27 OF THE STREETS AND HIGHWAYS CODE. Hunter Cook, City Engineer, outlined the program for Council indicating that it was the second phase in putting in curbs and gutters in the downtown area and that the pro- gram would follow the same procedure as the first phase. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-92; carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 130 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 61, RESTRICTING HOURS OF CONSTRUCTION. Mr. Hurlburt pointed out that this revision to the origi- nal ordinance would allow the homeowner to work on his home during weekends and evenings. The restrictions on contractors, however, would still be in force. Councilman McPherson moved to waive further reading and pass Ordinance No. 130 to second reading. Councilman Mullins seconded the motion; carried unanimously. B. ORDINANCE NO. 131 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING ORDINANCE NO. 66. Mr. Hurlburt explained that when Council originally adopted the business license ordinance, they indicated that they wanted to reconsider the issue of quasi public utilities, mobile home parks and coin operated vending machines. Therefore, Ordinance No. 66 was established to waive the late penalties involved. There being no further need for this ordinance, it is necessary to repeal it. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 131 to second reading; carried unanimously. For Adoption: None X. CONSENT ITEMS HELD OVER C. Mr. Hurlburt pointed out that since there would not be another Council meeting for three weeks, he would like to present an additional set of demands, Resolution No. 76-95, in addition to the one on the agenda, Resolution No. 76-88. Councilman Mullins moved and Councilman Newbrander seconded to waive further reading and adopt Resolutions No. 76-88 and 76-95; carried unanimously. XI. CONTINUING BUSINESS None July 22, 1976 Page 5 XII. NEW BUSINESS A. CONSIDERATION of an Agreement with California Department of Transportation (CALTRANS) for Federal Aid Urban Projects in General and Deep Canyon Signal Project in Particular. Mr. Cook, City Engineer, explained the particulars involved in this agreement stating that it was a boilerplate agree- ment and assuring that it would not tie the City into any other agreements with the Federal Government. Councilman McPherson moved to adopt Resolution No. 76-94, authorizing the Mayor and City Clerk to execute Local Agency -State Master Agreement No. 12 and Program Supplement No. 1, thereto. Councilman Mullins seconded the motion; carried unanimously. XIII. OLD BUSINESS concur on the A. CASE NO. ZOC 04-76, BILL HUNTER, APPLICANT: Report from the Planning Commission that a Business Involved in the Sales, Assembly, Storage, and Distribution of Solar Energy Systems Would Be Acceptable in the C-1, S-I, P-I, and PC (3) Zoning Districts. (Continued from July 8, 1976.) Mr. Fleshman stated that since the last Council meeting, Staff had talked with Mr. Hunter and learned that the primary use of the building was for research, assembly, and storage. He further stated that the Zoning Ordinance does provide for certain safeguards to prevent warehousing and manufacturing in the C-1 zone and that the Planning Commission did find that the use would be allowable in the C-1 and S-I Zones by right and in the PC (3) Zones by development plan approval, subject to conditions which would prevent any of the potential problems from materializing. Councilman McPherson with the findings of following vote: AYES: NOES: ABSENT: ABSTAIN: moved and Councilman Mullins seconded to the Planning Commission. Motion passed McPherson, Mullins, Brush Newbrander Seidler None B. CONSIDERATION of a Revised "Committee Composition" for the Solar/Energy Committee. (Continued from July 8, 1976.) Mayor Brush requested that this item be continued to the meeting of August 12, 1976. Council so agreed. XIV. ORAL COMMUNICATIONS MRS. GLORIA KELLY, 74-296 Avenue 44, Palm Desert, California, requested that the ordinance restricting construction hours be revised to allow the workmen in the area to commence work early in the morning during the summer months because of the intense heat experienced by noon. Council directed Staff to investage this and report to them. XVI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None July 22, 1976 Page 6 C. MAYOR AND CITY COUNCIL Mayor Brush asked Staff about the Housing Urban Development Program in that he had received a request from a citizen for housing assistance and was told by this citizen that he could not get it until the City Council had passed a resolution. Mr. Hurlburt stated that he was aware of this request and had talked both with the individual requesting the assis- tance and the Housing Authority Office. He further stated that Staff was continuing their investigation into this matter with a report forthcoming but that there might be legal ties involved wherein passage of such a resolution would allow the Federal Government to provide low-cost housing in Palm Desert. XV. ADJOURNMENT Councilman McPherson moved and Councilman Mullins seconded to adjourn the meeting. Motion carried unanimously. Mayor Brush adjourned the meeting at 9:15 p.m. NI.L J BRUSH, MAYOR ATTEST: HARVEY L. HURLBURT HARVEY L. HURLBURT, CITY CLERK City of Palm Desert, California BY: -SHEILA R. GILLIGAN, $PUTY CIi ' ULhtt . City of Palm Desert, California July 22, 1976 Page 7