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HomeMy WebLinkAbout1976-03-11MINUTES PALM DESERT CITY COUNCIL MARCH 11, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the regular meeting of the Palm Desert City Council to order at 7:00 p.m., March 11, 1976, in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Mullins Councilman Newbrander Councilman Seidler Mayor Brush Absent: Councilman McPherson Also Present: Harvey L. Hurlburt, City Manager Dave Erwin, City Attorney Paul Williams, Director of Environmental Services V. APPROVAL OF MINUTES Mayor Brush moved and Councilman Mullins seconded that the minutes of the meeting of February 25, 1976, be approved as presented; carried unanimously. VI. AWARDS, PRESENTATIONS AND APPOINTMENTS A. Council review of the offices of Mayor and Mayor Pro-Tem to determine one-year replacement of present office holders. Mayor Brush indicated that at the end of the one-year period Council should review the positions of Mayor and Mayor Pro-Tem to determine whether or not the same members of Council should retain these offices. Councilman Seidler moved and Councilman Mullins seconded that Staff be directed to prepare a resolution for Council to review on an annual basis, starting in March of every year, the offices of Mayor and Mayor Pro-Tem, and either continue the pres- ent persons or select new members of Council for these positions; carried unanimously. The City Manager will prepare a resolution for the March 26, Council meeting. B. Appointment of two members to the Planning Commission to fill vacancies. Mayor Brush indicated that the new Council has not had adequate time to review new appointments to the Planning Commission and suggested that this matter be held over to the March 25, Council meeting. March 11, 1976 Page 1 Councilman Newbrander indicated that much consider- ation should be given to these appointments and expressed compliance with the fact that they should be held over. C. Appointment of City members to the City/College Liaison Committee and newly created Civic Art Committee. Mayor Brush indicated that the appointment of the balance of the members to this Committee, as well as the newly created Civic Art Committee should be held over to the meeting of March 25. He further indica- ted that the new Council had not had adequate time to review suggested appointees. VII. CONSENT CALENDAR A. Application for Alcoholic Beverage License to Ruth V. & Sal J. RUSSO and Charlie P. & Joseph VETRANO for PALM DESERT LIQUORS, 74-121 Highway 111. B. Application for Alcoholic Beverage License to Maria C. PARLEAN for TRANSYLVANIA ROMANIAN GOURMET CUISINE, 72-820 El Paseo. Councilman Seidler moved and Councilman Mullins seconded that the Consent Calendar be approved; carried unanimously. VIII. PUBLIC HEARINGS A. Continued Public Hearing of Establishment of Liens on Two Parcels on El Paseo to Reimburse the City for Expenses Incurred in Conjunction with the Installation of Sidewalk. Mayor Brush declared the public hearing open, and explained the procedure of a public hearing for the benefit of the audience. Mr. Hurlburt indicated that since the last meeting one of the property owners had requested that this matter be held over until the March 25, Council meeting for the purpose of resolving problems between property owners. The problem relates to whether the old or new owner will pay the lien against the prop- erty. He further advised that the second parcel involved had been reconciled. Mr. Hurlburt explained that this was the second continuation of this hear- ing and stated that it was Staff's recommendation to continue it no longer than the March 25 meeting. Mayor Brush asked if anyone in the audience wished to speak, and no one came forth. Dave Erwin stated that since this was the second public he ring, the minutes should show that public input was requested at the first hearing and that none was offered at that time either. Councilman Seidler asked which of the property owners had made settlement to the City, and Mr. Hurlburt advised that City National Bank had made payment. Councilman Seidler moved and Councilman Mullins seconded that the recommendation of Staff be accepted and the matter be con- tinued until the March 25 meeting; carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 76-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CITY'S SB 325 CLAIM FOR THE 1976-77 FISCAL YEAR. March 11, 1976 Page 2 Councilman Mullins moved and Councilman Seidler seconded that RESOLUTION NO. 76-34 be continued to the Council meeting of March 25; carried unanimously. B. RESOLUTION NO. 76-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Mr. Hurlburt outlined the major expenditures listed on Resolution No. 76-35. Councilman Mullins moved and Councilman Newbrander seconded that RESOLUTION NO. 76-35 be approved as presented; carried unanimously C. RESOLUTION NO. 76-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING 45° ANGLED PARKING ON BOTH SIDES OF SAN PABLO BETWEEN SAN GORGONIO AND THE NORTH FRONTAGE ROAD. Mr. Hurlburt asked Paul Williams to explain this resolution. Mr. Williams stated that on February 27, 1976, the Technical Traffic Committee had acted on a request from several businessmen on San Pablo to establish angled on -street parking. The Traffic Committee recommended 45° parking with 14 feet of back-up space and a 12-foot clear travel line. The Traffic Committee also considered a stop sign on San Pablo at San Gorgonio; however, traffic volume did not warrant a stop at this corner. Mr. Williams further advised that parking would be increased by 30 to 35 spaces. Staff felt that this would improve the total number of parking spaces in that area and would better handle the traffic in that area. Staff recommended approval. Councilman Seidler expressed concern over the first two angled parking spaces at the corner of Frontage Road and San Pablo, indicating that anyone backing out of these spaces would be backing into traffic coming around the corner. Councilman Seidler moved and Councilman Mullins seconded the adoption of RESOLUTION NO. 76-36 with the amendment of the deletion of the first two spaces on the northeast corner of San Pablo and the Frontage Road; carried unanimously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 112 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 86 RELATING TO DOGS. Mr. Hurlburt pointed out, for the benefit of the three new Council members, that a few months ago the County had adopted a new standard ordinance and had requested cities throughout the County to adopt similar ordinances for uniformity. The City of Palm Desert had complied and adopted Ordinance No. 86. Since the adoption of Ordinance No. 86, the County has made some revisions, and was now asking that Palm Desert make similar revisions. Mr. Hurlburt explained that the first revision dealt with applications for a license to operate a dog kennel or a pet shop to be made in writing to the Health Officer, who in turn would issue a permit. The second revision dealt with any person violating any provisions of this ordinance would be guilty of an infraction and upon conviction therof would be punished by a fine not exceeding $50 for the first March 11, 1976 Page 3 violation, a fine not exceeding $100 for the second violation within one year, or a fine not.exceeding $250 for each additional violation within one year. Mayor Brush asked what type of record keeping pro- cedure would be required to enforce the provisions of the second revision. Mr. Hurlburt explained that a new record keeping system was being set up and that Staff felt it would be adequate to provide any court with necessary information for a second or third offender. Dave Erwin indicated that basically it is a good pro- vision. It would create more record keeping problems; however, the City will have to keep such records so that if it is necessary to appear in court, the records will be available for presentation. Mayor Brush inquired as to whether or not the City was able to do this, and Mr. Hurlburt assured him that it was. Councilman Mullins moved and Councilman Seidler seconded to waive further reading of ORDINANCE NO. 112 and pass to second reading; carried unanimously. B. ORDINANCE NO. 113 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING THE RUNNING AT LARGE OF DOMESTIC FOWL OR DOMESTIC ANIMALS OTHER THAN DOGS OR CATS AND PROVIDING FOR THEIR IMPOUNDMENTS. Mr. Hurlburt indicated that, as in many other instan- ces, the City has merely inherited a County procedure, as with the ordinance dealing with dogs and cats. However, the City does not have an ordinance regula- ting other animals. Now, the County has one and has asked that the cities adopt one also. Councilman Seidler asked how, when the County is having problems regulating the control of dogs in the area, they were going to control other animals such as chickens, pigs and cows. Mr. Hurlburt agreed that the County did have a manpower problem in the Animal Regulation Department. However, in order for Staff to make any progress in correcting animal regulation problems, they would need strong backing from Council. Councilman Seidler suggested that this subject be placed on the next Study Session Agenda. Councilman Mullins moved and Councilman Seidler seconded to waive further reading of ORDINANCE NO. 113 and pass to second reading; carried unanimously. C. ORDINANCE NO. 108 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING AND CONTROLLING THE DISTRIBUTION OF HANDBILLS. Mr. Hurlburt explained that the last Council meeting concern was expressed regarding this ordinance in that it would prohibit the distribution of the Advertiser, a publication of the Daily News. At Council's recommendation, Mr. Hurlburt advised that he did contact the publisher of the Advertiser. The publisher then contacted the City Attorney to develop something satisfactory to both the City and the publisher, and has come back with recommendations which will be presented to Council this evening. However, the suggestions would give the Advertiser an exclu- sive in that they would make the Advertiser exempt from the provisions of this ordinance. March 11, 1976 Page 4 Councilman Seidler asked whether this ordinance would prohibit any distribution of the Advertiser in Palm Desert. Dave Erwin explained that it would not pro- hibit the distribution, just the method in which it was delivered. The new ordinance prohibits the throwing of literature on lawns, when there is no subscription, and provides that the literature be delivered in a plastic bag and hung on a door knob or placed on a porch. Councilman Seidler expressed the opinion that he felt the ordinance should be kept as restrictive as possible in that any number of advertising pamphlets could be produced in the future and delivered through- out the City in any manner anyone desired. Mayor Brush inquired as to whether or not the publisher, William Sonneborne, had indicated any interest in attending the Council meeting regarding this matter. Dave Erwin advised that he had, but that he had advised Mr. Sonneborne that it would not be necessary. The Mayor indicated that Mr. Erwin should probably advise Mr. Sonneborne to attend the March 25 Council meeting to express his opinions. Councilman Newbrander moved and Councilman Mullins seconded that the original writing of ORDINANCE NO. 108 on handbills be approved and passed to second reading without the suggested amend- ments; carried unanimously. Councilman Mullins inquired as to any additional expenses involved for the Advertiser if they were required to place their publication in a plastic bag and place them on residence doors. Dave Erwin advised that he would investigate and report at next Council meeting. XI. CONSENT ITEMS HELD OVER None XII. CONTINUING BUSINESS None XIII. NEW BUSINESS A. CASE NO. 63 SF - MYERS: Offer of dedication of 3 Ft. on Grapevine and 3 Ft. on Desert Lily of Lot 18, Block J, Unit No. 3. Paul Williams explained that George and Sandra Myers had applied for a building permit to construct a single-family home at the northeast corner of Grapevine and Desert Lily. One of the conditions of approval required the dedication of an additonal 3 feet along both Grapevine and Desert Lily. The approval of Resolution 76-37 would complete this pro- cedure. Councilman Seidler moved and Councilman Mullins seconded the adoption of RESOLUTION NO. 76-37; carried unanimously. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS Mayor Brush asked if any member of the audience wished to step to the podium to make any comment. There was no audience response. March 11, 1976 Page 5 XVI. REPORTS AND REMARKS A. City Manager 1. Mr. Hurlburt pointed out that for the benefit of press and any members of the audience who might be confused about the organization of the Redevelop- ment Agency after the recent City Council election, that under Ordinance 53 all City Council members automatically become members of the Agency with the Mayor of the City acting as the Chairman and the Mayor Pro-Tem as Co -Chairman, and the Finance Director as Treasurer of the Agency. The Executive Director and Secretary were appointed by the City Council previously, and are Mr. Hurlburt and Sheila Gilligan respectively. 2. Mr. Hurlburt advised that a matter had been brought to his attention wherein a tree farm in Thermal was liquidating its stock and were offering the City trees at a discount of from 50% to 60% of the wholesale price. He further stated that he had made arrangements to go look at the trees and that they were exceptional buys. Mr. Buccino, the land- scape architect, had been asked to visit the tree farm and make recommendations to the Staff. He subsequently recommended that 149 of these trees be purchased for planting at the new Community Park. 35 of the trees will be to replace trees that have been vandalized or died for lack of water or care. The proposed cost of the 149 trees is $3,450, which would include transportation and installation at the Park. This represents a sav- ings of as much as $4,300. In order for Staff to go ahead and purchase these trees, Council must authorize a transfer of funds from the Unappropriated Contingency Reserve account. Councilman Seidler moved and Councilman Mullins seconded that Staff be authorized to spend as much as $3,450 for the pur- chase of trees to be installed at the Community Park site; carried unanimously. Councilman Seidler moved and Councilman Mullins seconded that $3,450 be transferred from Account No. 1557'to Account No. 4016 in the amount of $750, and to Account No. 4033 the amount of $2,700, for a total of $3,450; carried unanimously. B. City Attorney None C. Mayor and City Council None XVII. ADJOURNMENT Councilman Seidler moved and Councilman Newbrander seconded that the meeting be adjourned; carried unanimously. Mayor Brush adjourned iSncil meeting at 8:05 p.m. ATTEST: City of Palm Desert, California NOEL J,75SH , Mayor March 11, 1976 Page 6