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HomeMy WebLinkAbout1976-05-12MINUTES PALM DESERT CITY COUNCIL MAY 12, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Noel Brush called the meeting to order at 7:00 p.m. in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Jim McPherson Councilman Ed Mullins Councilman Alexis Newbrander Councilman Bill Seidler Mayor Noel Brush Also Present: Harvey L. Hurlburt, City Manager Paul A. Williams, Director of Environmental Services Michael Kahn, Deputy City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the City Council Meeting of April, 29, 1976. B. RESOLUTION NO. 76-61 - 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 Mullins moved and Councilman Newbrander seconded to approve the Consent Calendar as presented; motion carried unani- mously. VII. PUBLIC HEARINGS None VIII. RESOLUTIONS A. RESOLUTION NO. 76-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $285.00 TO PROVIDE FOR A CROSSING GUARD FOR THE REMAINDER OF THE SCHOOL YEAR AT CHICORY AND PORTOLA. Mr. Hurlburt stated that Staff was experiencing diffi- bulty in recruiting a crossing guard. All past CETA employees had been contacted, the College had been contacted, and an ad had been run in the paper. Mayor Brush advised that an article had also been run in the Daily News and that hopefully, someone would respond. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-60; motion carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 120 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING THE SELLING OF PRODUCTS OR ARTICLES FROM PORTABLE FOOD STANDS, STREET KITCHENS, VEHICLES, WAGONS OR HANDCARTS. Mr. Hurlburt indicated that this ordinance had resulted from many complaints from parents and the schools in the City regarding the ice cream truck. He elaborated on the ordinance controls. MRS. BEVERLY MARSHALL, 74-105 Desert Star Drive, Palm Desert, California, addressed Council indicating that she had purchased the ice cream truck in December and that although she was aware of problems with the pre- vious owner, she had made a very thorough attempt to correct these problems. She stated that she did not feel anyone was unhappy now. She further indicated that she had purchased the new business because of a physical ailment that had caused her to discontinue her previous line of work and that the new ordinance would take away her livelihood. The following individuals spoke on behalf of Mrs. Marshall: Mrs. Marian Beckwith,74-183 Aster, Palm Desert Mr. George Beckwith, 74-183 Aster, Palm Desert. Councilman Seidler stated that he didn't think that there was a need for this ordinance in line with the presentations made and the lack of any input to support it. Councilman Seidler moved and Councilman Mullins seconded to table Ordinance No. 120. Motion carried unanimously. B. ORDINANCE NO. 121 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE LICENSING AND IMPOUNDING OF DOGS: REGULATING THE KEEPING AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS: AND PRO- VIDING FOR THE CONTROL AND SUPPRESSION OF RABBIES: AND REPEALING ORDINANCES NOS. 39, 73, 86, AND 112. Mr. Hurlburt outlined the provisions of the ordinance. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and pass Ordinance No. 121 to second reading; carried unanimously. For Adoption: A. ORDINANCE NO. 118 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING WITH CERTAIN ADDITIONS, DELETIONS AND AMENDMENTS: THE RULES, REGULA- TIONS, PROVISIONS AND CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED "UNIFORM BUILDING CODE, 1973 EDITION", "UNIFORM BUILDING CODE STANDARDS 1973 EDITION" INCLUDING THE APPENDICES THEREIN CONTAINED WITH THE EXCEPTION OF APPENDICE 70 OF THE UNIFORM BUILDING CODE, AS PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CON- FERENCE OF BUILDING OFFICIALS. May 12, 1976 Page 2 Mr. Hurlburt pointed out that this ordinance had been reviewed thoroughly at the first reading and gave no further explanation of it. Councilman Seidler moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 118; motion carried unanimously. B. ORDINANCE NO. 119 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT PLAN ON A 20-ACRE PORTION OF THE DESERT AIR PROJECT, LYING ON THE WEST SIDE OF MONTEREY AVENUE, SOUTH OF MAGNESIA FALLS ALIGNMENT. Mr. Hurlburt advised that staff had been working with Mr. Bone to iron out problems relating to this ordinance. He stated that since there were still a few things to be changed, it was being requested that this Ordinance be held over to the meeting of May 27, 1976. Councilman Newbrander moved and Councilman Mullins seconded to continue the second reading of Ordinance No. 119 to the meeting of May 27, 1976; motion carried unanimously. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. Call for Bids on the Restroom Facility at the Palm Desert Community Park; Said Bids to be Opened on June 7, 1976, at 4:00 p.m. in the Council Chambers of the Palm Desert City Hall. Mr. Francisco J. Urrutia, Architect, outlined the proposed plans of the restroom facilities for Council. Councilman McPherson moved and Councilman Seidler seconded to authorize the City Manager to call for bids on the Restroom Facility at the Palm Desert Community Park; said bids to be opened on June 7, 1976, at 4:00 p.m. in the Palm Desert City Hall Council Chambers; Councilman Seidler seconded the motion. Motion carried unanimously. B. Discussion on Letter from George Sweet, Requesting Waiver for Requirements of Curb and Gutter on Ocotillo and Verba Santa. Mr. Williams explained that Mr. Sweet had just finished construction of a residence at the southeast corner of Ocotillo and Verba Santa. He had written a letter to Council indicating that he had no knowledge of the curb and gutter requirement and was therefore requesting a waiver of this requirement. Mr. Williams outlined the processing of plans for a single-family residence and pointed out that one of the conditions attached to the approval of Mr. Sweet's plans had been the requirement for curb and gutter as it was a known drainage carrier area. MR. GEORGE SWEET, 46-370 Ocotillo Drive, addressed Council stating that when his plans had been approved, he had not received the attachment which included the list of 10 conditions. He did not know of the requirement until he was ready to put in his tie-in paving and by this time, his financing had been depleted. Mr. Sweet proposed that since his property was in an area that would be affected by the Master Storm Drainage Plan, presently being prepared by the City, that he be allowed to put up a May 12, 1976 Page 3 cash deposit until the time the Plan was completed. Mayor Brush asked how much the engineering would cost for Mr. Sweet's property and Mr. Williams responded that it would probably cost about $800.00. Mr. Jim Hill, Building Director, explained that there is a procedure which has been in effect since the organiza- tion of the Architectural Review Board that on approval of plans, all conditions created by the Board are attached to the sets of plans that are submitted by Planning to the Building Division. Those conditions remain on the plans through the processing of plan check and are never removed. Every date the plans are taken out is recorded. One set of plans is still on file and the conditions are attached. Mr. Hurlburt pointed out another alternative, that being having the County Engineer do the work which would be considerably less expensive for Mr. Sweet than having a private contractor do it. Further discussion ensued. Councilman McPherson moved and Councilman Seidler seconded that Mr. Sweet be required to install curb, gutter and tie-in paving and that he arrange for the engineering work to be done through the. County of Riverside, if available at a lower cost than from a private contractor, or at his discretion. Motion carried unanimously. XIII. OLD BUSINESS Non e XIV. ORAL COMMUNICATIONS Mr. H. E. Peterson, Sun Spa Pools, 73-925 Highway 111, Palm Desert, addressed Council requesting a waiver from City ordinance requiring a 4' fence around a pool. He stated that he was building a wading -type pool on property abuting a golf course and that many of the surrounding homes did not have their pools fenced in. Staff pointed out that although this requirement for fencing had also been a County requirement, that this had not been properly enforced by the County, thus resulting in the homes with pools and no fencing. Deputy City Attorney Michael Kahn advised Council that no waiver could be granted to this ordinance in that provisions for waivers were not specifically called out in the ordinance. In order to make an exception, it would be necessary to modify the ordinance. Council directed staff to investigate the problem further within the next two weeks and come back to them with a solution. XV. REPORTS AND REMARKS A. City Manager 1. Mr. Hurlburt advised that he had been recruiting for the position of City Engineer and that this had resulted in 4 top applicants. Two of these applicants had withdrawn for one reason or another. He further pointed out that one of the remaining was highly qualified and would be a definite asset to the staff. However, in order to recruit this gentleman, it would be necessary to do so at a higher salary than previously authorized. Therefore, he was requesting Council's approval of increasing the salary range by 10%. He also pointed out that when the range was previously approved, it was for a Division Head when now it was for the Director of a department. May 12, 1976 Page 4 Councilman Seidler moved and Councilman Mullins seconded to authorize the City Manager to hire a City Engineer at salary range 87. Motion carried unanimously. B. City Attorney None C. Mayor and Members of the City Council 1. Councilman Seidler stated that Council had been reviewing several ordinances through normal pro- cesses, some of which were the subdivision and grading ordinance. He suggested that Council move ahead with the aoption of those ordinances by scheduling them for the next meeting. Mr. Hurlburt advised that because of legal advertising requirements, the first meeting these ordinances could be scheduled for was June 10, 1976. XVI. ADJOURNMENT Councilman Newbrander moved and Councilman McPherson seconded to adjourn the meeting. Motion carried unanimously. Mayor Brush adjourned the meeting at 8:45 p.m. NOEL' A R H , MAYOR ATTEST: EY L.�FIURL U , Ci y Clerk 7 May 12, 1976 Page 5