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HomeMy WebLinkAbout1976-06-10MINUTES CITY COUNCIL MEETING JUNE 10, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:05 Thursday, June 10, 1976, in City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman McPherson Councilman Mullins Councilman Newbrander Councilman Seidler Mayor Brush Also Present: p.m. Harvey L. Hurlburt, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services Hunter T. Cook, City Engineer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Appointments to City/College Liaison Committee. Councilman Mullins moved to: on a) Approve the Committee Description and Composition as presented; and b) Appoint the Mayor or his designated representative, the City Manager, the Director of Environmental Services, and the City Engineer as the City members; and c) Rescind Council action of February 26, 1976, appointing College staff members to the committee. Councilman Seidler seconded the motion. The motion carried unanimously. VI. CONSENT CALENDAR A. MINUTES of the City Council Meeting of May 27, 1976. B. LETTER from Mr. and Mrs. Joe Jaffe, 74-220 Fairway Drive Palm Desert, Regarding Street Resurfacing Work and City Manager's Reply. Rec: Receive and file. June 10, 1976 Page 1 C. APPLICATION for Alcoholic Beverage License for Patsy Due and Alice K. Richmond for the CHINA DOLL RESTAURANT, 73-196 Highway 111, Palm Desert, California. Rec: Receive and file. D. RESOLUTION NO. 76-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Rec: Waive further reading and adopt. Councilman Newbrander moved and Councilman Mullins seconded to approve the Consent Calendar as presented. Motion carried unanimously. VIII. PUBLIC HEARINGS A. SUBDIVISION ORDINANCE - Consideration of a New Ordinance Regulating All Land Divisions in the City of Palm Desert. Mayor Brush declared the public hearing open. Mr. Hurlburt pointed out that this was a very important ordinance, equal to the zoning ordinance and representing a tremendous amount of work. He further stated that it was one more major step outlined in the General Plan. He then turned the subject over to Mr. Cook who explained the ordi- nance. Mr. Cook pointed out that Staff was recommending 3 changes: 1) The addition of Section 26.10-7 which would streamline the procedure for the adjusting of lot lines where no new parcels are being created. 2) Deletion of Section 26.5-12 which provides for the waiver of final Parcel Maps. This section would only have applied where no public improvements or special fees were required and the authority to take special action, if necessary, is already included in Section 26.5-8. 3) An amendment to Section 26.10-4 to insure that all new parcels created are adequately monumented. Councilman Seidler suggested that Section 26.15-6, Para- graph 5, be amended to read "suitable by the Commission and the cognizant Recreation Agency and subject to Council approval" in that he felt the elected body should review any lands to be dedicated for park and recreational purposes and be responsible for them. Councilman Seidler requested also that the last sentence of Section 26.15-5, Paragraph 1, Section (1), be amended with the deletion of the last sentence - "A park site, if required, shall not normally be less than six (6) acres in area, and such sites shall specifically include areas with natural advantages for park development." He stated that he felt this sentence would restrict neighborhood parks. City Attorney Dave Erwin advised that Council could eliminate this sentence and still have the guidelines in the General Plan. Mayor Brush asked for input from the audience and there was none. The Mayor declared the public hearing closed. June 10, 1976 Page 2 Councilman Seidler moved to approve Ordinance No. 125 and pass to second reading with those two changes that he indicated and the 3 additions as recommended by Staff. Councilman Mullins seconded the motion; carried unanimously. B. GRADING ORDINNACE - Consideration of a New Ordinance Regu- lating the Grading, Excavating, and Filling of Land in the City of Palm Desert. Mayor Brush declared the public hearing open. Mr. Cook explained the ordinance to Council indicating that since the City's current interim grading regulations are due to expire on June 18, 1976, this ordinance was being submitted as an urgency measure to preclude the City being without enforceable regulations. Mr. Cook stated that most of the changes were editorial in nature with the exception of the suggested addition of a para- graph dealing with grading operations which affect view properties. The following paragraph was suggested for inclusion as Paragraph .06 of Section 27.2-2: "All land alteration shall take into consideration the effect on surrounding property. Particular attention shall be given in the design to the protection of views from adjoining property across the area to be graded. If in the opinion of the City Engineer, views will be sub- stantially damaged by the proposed grading, he shall refer the proposed grading plan to the Design Review Board for conceptual approval. No permit shall be issued until con- ceptual approval is obtained." MR. GENE KRAUSS, Indio, asked if there was a maximum depth imposed by the ordinance. Mr. Cook responded that there were specific requirements as well as requirements for slopes. Mayor Brush asked if there was any other input from the audience and with none presented, he declared the public hearing closed. Councilman McPherson moved to adopt Ordinance No. 126 as an Emergency Ordinance with the addition of the recommended paragraph .06 to Section 27.2-2. Councilman Newbrander seconded the motion; carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 76-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE THROUGH - STREET SYSTEM FOR THE CITY TO PROVIDE FOR ADDITIONS AND DESIGNATING ADDITIONAL STOP SIGN CONTROLS AT VARIOUS INTERSECTIONS THROUGHOUT THE COMMUNITY. (Held Over from May 27, 1976, meeting.) Staff requested that this resolution be continued to the meeting of June 24, 1976. Council approved the continuance. B. RESOLUTION NO. 76-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING ASSESS- MENTS ON PROPERTY OWNERS IN SAID CITY, FOR THE ABATEMENT OF NUISANCES ON VACANT LOTS. Mr. Hurlburt outlined the resolution indicating that No. 4 of Exhibit "A" should be deleted, that of Holly & Howard McAloney, Jr., as payment had been received on June 3, 1976. Mayor Brush asked if any of the involved parties were in the audience who would like to speak and there were none. Councilman Seidler moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-71 with the deletion of No. 4. Motion carried unanimously. June 10, 1976 Page 3 C. RESOLUTION NO. 76-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A POLICY ON ALLOCATION OF FINANCIAL RESOURCES TO COMMUNITY SOCIAL SERVICES AND ORGANIZATIONS UNRELATED TO THE GOVERNMENTAL STRUCTURE. Mr. Hurlburt read the resolution in its entirety. Mayor Brush indicated that very often the City got involved in programs that, in the long run, cost more than anticipated. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-62; carried unanimously. Councilman McPherson pointed out that on March 25, 1976, a request from the Retired Senior Volunteer Program had been tabled until such time as Council had established a policy on subsidizing social services organizations. He suggested that Staff either be directed to reply to R.S.V.P. with notice of the adoption of this resolution or that the item be placed on the next agenda. Councilman Newbrander moved that the original motion tabling the request from R. S. V. P. be removed from the table and Councilman Mullins seconded the motion; carried unanimously. Councilman Newbrander moved that R. S. V. P. be notified of the passage of Resolution No. 76-62 and that Council cannot concede to their request. Councilman Mullins seconded the motion; carried unanimously. XI. B. REQUEST From Palm Desert Jaycees for a $1,000 contribution for a 4th of July Celebration. Mayor Brush suggested moving this item up on the agenda to accommodate members of the audience who were present for the action to be taken on it. Councilman Newbrander moved that in view of the passage of Resolution No. 76-62 that the request be denied with regret. Council- man McPherson seconded the motion; motion carried unanimously. Mayor Brush stated that this action did not in any way indicate a lack of support of the Jaycees in this community and if there was any other way Council could help, he felt they would offer support. VIII. D. RESOLUTION NO. 76-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A LIGHTING SYSTEM FOR THE PALM DESERT COMMUNITY PARK. Mr. Williams outlined the proposed new lighting system and the resolution approving it. Councilman Seidler moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-78. Motion carried unanimously. E. RESOLUTION NO. 76-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND DENYING A TENTATIVE PARCEL MAP AND WAIVER OF THE FINAL MAP TO ALLOW FOR THE DIVISION OF 3.8 ACRES OF LAND INTO TWO (2) PARCELS, GENERALLY LOCATED WEST OF THE PALM VALLEY STORM CHANNEL ADJACENT TO THE PALM DESERT CITY LIMITS. CASE NO. PM 7794. Mr. Hurlburt explained that the City Attorney had advised that for legal and mechanical reasons, it was necessary for Council to act officially on this denial to substantiate the basis for the denial. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-79; carried unanimously. June 10, 1976 Page 4 IX. ORDINANCES For Introduction: A. ORDINANCE NO. 123 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING COUNTY ORDINANCE NO. 421, RELATING TO SWIMMING POOL ENCLOSURES. Mr. Hurlburt outlined the provisions of the amendment to Ordinance No. 421. Councilman Seidler stated that the words "variance or" should be deleted from the second sentence in "Section 1.2(e). Councilman Newbrander moved to waive further reading and pass Ordinance No. 123 to second reading with the removal of the noted words in the second sentence. Councilman Mullins seconded the motion; carried unanimously. B. ORDINANCE NO. 127 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING PROCEDURE FOR PAYMENT OF CLAIMS AND DEMANDS AND AMENDING ORDINANCE NO. 68 OF SAID CITY. Mr. Hurlburt explained that this amendment would allow for the approval of claims and demands by Council without the necessity of preparing a resolution to do so. Councilman McPherson moved to waive further reading and pass Ordinance No. 127 to second reading. Councilman Mullins seconded the motion; carried unanimously. For Adoption: A. ORDINANCE NO. 119 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE DEVELOP MENT PLAN FOR 84 UNITS ON A 20 ACRE PORTION OF THE DESERT AIR PROJECT. Mr. Hurlburt explained that this was the second reading of this ordinance. Discussion ensued. Councilman Seidler stated that this total project as it is approved in the City of Rancho Mirage appears to cut off the channel. He stated that he had brought this up two meetings ago and asked that official notification be sent to the City of Rancho Mirage for the second time at the Council level that Palm Desert did not feel that this was in the best interest of keeping that recreational area called the White Water Channel open. He asked if Staff had sent such a letter. Mr. Hurlburt indicated that Staff had not understood this but would do so in the immediate future if Council so desired. Mayor Brush directed Staff to advise Rancho Mirage of Palm Desert's feelings on this matter. Councilman McPherson moved and Mayor Brush seconded to waive further reading and adopt Ordinance No. 119. The motion carried with the following vote: AYES: McPherson, Mullins, and Brush NOES: Newbrander & Seidler ABSTAIN: None Councilman Seidler asked that the record show that he opposed this ordinance because of his concern over the total project and its impact on the Valley. June 10, 1976 Page 5 B. ORDINANCE NO. 124 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 35, IMPOSING BUILDING EXCISE TAX ON NEW CONSTRUCTION. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Ordinance No. 124. 'motion carried unanimously. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS A. CONSIDERATION of a Revised Contract with Frank Urrutia for Architectural Services of the Palm Desert Community Park. Mr. Williams explained the revised contract. Councilman Seidler moved and Councilman McPherson seconded to approve the revised contract; motion carried unanimously. Councilman Seidler stated that it should be noted that Mr. Urrutia has been working on this project for 4 years or longer and that it was common knowledge that he had donated his time to the initial projects in the park. He stated that the City was very fortunate to have someone of Mr. Urrutia's caliber. XII. NEW BUSINESS A. REQUEST for Approval of Agreement with Palm Desert Chamber of Commerce. Mr. Hurlburt reviewed the provisions of the contract. Mayor Brush noted that this request was a contract for the Chamber to perform services for the City, services which the City would have to supply if the Chamber didn't. He further stated that these and the Chamber's many other functions were a definite benefit to the City. MR. KEN WILLIAMSON, 74-320 Chicory, Palm Desert, asked Council how this differed from his request on behalf of the Palm Desert Jaycees. City Attorney Dave Erwin explained that the Chamber request was a contract to provide specified services at a given fee whereas the Jaycees' request was for a donation. MS. C. C. LARRAMER, 74-460 Goleta, Palm Desert, asked Council how many other cities in California funded their respective Chambers of Commerce. Mr. Hurlburt stated that over 80% of the cities provided support in one form or other. Mr. Ted Smith of the Chamber responded that a survey showed 85-90% of the cities in California in some way financially assisted their Chambers of Commerce. Councilman McPherson moved and Councilman Seidler seconded to: 1) Approve a one-year contract for payment of $15,000 to the Chamber of Commerce for the fiscal year 1976-77 by Resolution No. 76-77 and authorize the Mayor to sign the Agreement; and ' 2) Authorize payment to the Chamber of Commerce for May and June of 1976 in the amount of $1,250 per month and approve a budget amendment as recommended. June 10, 1976 Page 6 The motion carried with the vollowing vote: AYES: McPherson, Mullins, Seidler & Brush NOES: Newbrander ABSTAIN: None B. REQUEST for Approval of Revision to Health Insurance Plan and Selection of a New Insurance Agency. Mr. Hurlburt reviewed the proposed addition to the Insurance Plan and the subsequent cost factors. Councilman Mullins moved to authorize the addition of vision care expense benefit to the health insurance plan to be paid for by the City in accordance with the schedule submitted by Travelers Insurance. Councilman Newbrander seconded the motion. The motion carried with the following vote: AYES: McPherson, Mullins, Newbrander & Brush NOES: None ABSTAIN: Seidler Mayor Brush stated that the present insurance agent had con- tacted him prior to the meeting indicating that he would not be able to attend and requesting an extension on this action. With no dis- approval, the matter relative to the transfer of the insurance agency was continued to the June 24, 1976, meeting. C. REQUEST to Employ the Services of Milton W. Jones Adver- tising and Public Relations Agency to prepare the next edition of the City Newsletter. Mr. Hurlburt stated that this agreement was for a one- time newsletter. He stated that 4 newsletters had been budgeted, but because of the lack of staff time, we have been unsuccessful in getting them out. The Milton Jones Agency would be responsible for total preparation of the next issue with an expected deadline being the end of June. Councilman Seidler moved to: 1) Authorize the City Manager by letter agreement to engage the services of Milton W. Jones for preparation of City Newsletter No. 3 as per proposal submitted to the City on June 3, 1976, with the exception that the agreement will be for only one issue at a cost of $1,911.25 including tax; and 2) Authorize approval of transfer of funds in the amount of $1,500 from Unappropriated Contingency Reserve to Community Promotions to cover costs of preparation and distribution of the City Newsletter. Councilman Mullins seconded the motion. The motion carried unanimously. D. REQUEST for Approval of Joint Powers Agreement for Per- formance of Services for Regulation and Control of Dogs and Other Domestic Animals. Mr. Hurlburt reviewed the contract indicating that it incorporated all the newly established animal regulation ordinances. He pointed out the new hourly rate of $9.06 and the new 16 per mile transportation reimbursement. Councilman Seidler moved that the agreement be approved and the Mayor be authorized to sign it. Councilman Mullins seconded the motion; carried unanimously. June 10, 1976 Page 7 XIII. OLD BUSINESS A. CONSIDERATION of Bids for the Restroom Facilities at the Palm Desert Community Park. Mr. Cook stated that sealed bids for the subject project were opened at 4:00 p.m. on June 7, 1976, with the lowest bid being received from Charles F. White, Inc., for $29,930. Councilman Newbrander moved to waive further reading and adopt Resolution No. 76-81; Councilman Seidler seconded the motion. Carried unanimously. XIV. ORAL COMMUNICATIONS MR. ALLEN SOMMERS, 44-891 Cabrillo, Palm Desert, addressed Council with a complaint about a motorhome parked in his neighborhood. He stated that it was very unsightly and that upon inquiring with the City regarding the enforcement of the zoning ordinance which should prohibit this, he learned that if the vehicle were moved from time to time, they were not in violation of the ordinance. Mr. Frank Allen advised that he was aware of the problem and that the City Attorney had ruled that because of the wording in Section 25.33-2.06 of the Palm Desert Zoning Ordinance, this motorhome was not in violation of the ordinance. Councilman Seidler stated that he was under the impression that the ordinance provided for weekend visitors to park their motorhomes, but that none could be stored on public property or visible from the public right-of-way. Dave Erwin advised that because of the wording, this was not the way the ordinance could be enforced. He stated that to be very frank, the word "motorhome" was left out of the body of the ordinance but that it was included in the heading and the intent was to include them. Council directed the City Attorney to amend the zoning ordi- nance to enable the City to enforce the restrictions regarding storing of motorhomes in residential areas. XV. REPORTS AND REMARKS A. City Manager None B. City Attorney Mr. Erwin stated that the February 12, 1976, minutes of the City Council did not specifically state that Bonet Development had agreed to pay a tax lien of $342.75 with the City foregoing the administrative fees and requested Council to so approve the action. Councilman Seidler moved that the payment of $342.75 from Bonet Development be accepted and that the City forego the administrative fees. Councilman Mullins seconded the motion. Motion carried unanimously. C. City Council None June 10, 1976 Page 8 XVI. ADJOURNMENT Mayor Brush adjourned the meeting at 9:35 p.m. to Executive Session which would immediatley follow the Redevelopment Agency Meeting. Mayor Brush reconvened the City Council Meeting from Executive Session at 10:05 p.m. and immediately adjourned the meeting. NOEL 7ysH,' mAraw ATTEST: FiART�EY L.-�fURLF3U , City Clerk City of Palm Desert, California June 10, 1976 Page 9