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HomeMy WebLinkAbout1976-05-27MINUTES CITY COUNCIL MEETING MAY 27, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:00 p.m. on May 27, 1976, in the City Hall Countil Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman McPherson Councilman Mullins Councilman Newbrander Councilman Seidler Mayor Brush Also Present: Harvey L. Hurlburt, City Manager Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney V: AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION Rejecting Invitational Challenge from Desert Hot Springs for July 3, 1076, "Almost Everything Goes" Program. Mr. Hurlburt read the proclamation for the benefit of the audience. Councilman McPherson moved and Councilman Mullins seconded to approve the Proclamation and have it forwarded to the City Council of the City of Desert Hot Springs, California. Motion carried unanimously. VI. CONSENT CALENDAR A. MINUTES of the City Council Meeting of May 12, 1976. B. RESOLUTION NO. 76-68 - 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. C. LETTER from Charlotte L. Flores Regarding Animal Control in the City of Palm Desert, California. Rec: Receive and file. D. LETTER from the Living Desert Reserve Association Requesting Waiver of Building Permit Fee for a Non -Profit Organization. Rec: Approve as requested May 27, 1976 Page 1 E. LETTER from Housing Authority of the County of Riverside Requesting Approval of 679 Units Allocated by HUD to Riverside County for the Section 8 Housing Program. Rec: Authorize City Manager to Reply Indicating that Cathedral City Would Seem More Appropriate for Such Housing Since It Is Closer to the Population Center of the Valley. Mr. Hurlburt requested that Item "D" of the Consent Calendar be removed to Section X of the Agenda. Councilman Mullins moved and Councilman McPherson seconded to approved the remainder of the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. PM 7794 - CHARLES MARTIN, APPLICANT: Request to divide a 3.8 Acre Parcel into a 2.4 Acre Parcel and a 1.4 Acre Parcel Located on the Western Most End of Section 30. Mayor Brush declared the Public Hearing Open. Mr. Williams explained the request indicating that Staff recommended approval by City Council Resolution No. 76-62 subject to conditions. Mayor Brush asked if anyone in the audience would like to address the issue and there was no one. Mayor Brush declared the Public Hearing closed. Councilman Seidler stated that he felt the approval of the request would set a dangerous precedent in that he knew there were many other individuals who would like parcels split Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 76-62. The following vote was cast: AYES: None NOES: McPherson, Mullins, Newbrander, Seidler & Brush ABSENT: None ABSTAIN: None The resolution was unanimously defeated. B. ABANDONMENT OF PORTIONS OF PUBLIC RIGHT-OF-WAY, MRS. & MRS. HENRY TAGLE, APPLICANTS: Request that the City Council Approve an Abandonment of a Portion of the Northwest Corner of San Carlos of the North Frontage Road and a Portion of the Southwest Corner of San Carlos and Alessandro. Mayor Brush declared the Public Hearing Open. Mr. Williams explained the request indicating that pursuant to Section 8300 of the Streets & Highways Code, Staff recommended approval of said vacation by City Council Resolution No. 76-63, subject to conditions. Mayor Brush asked if anyone from the audience wished to address the issue and there was no one. Mayor Brush declared the Public Hearing closed. Councilman Mullins moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-63; motion carried unanimously. May 27, 1976 Page 2 VIII. RESOLUTIONS A. RESOLUTION NO. 76-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NEW SCHEDULE FOR ZONING FEES FOR THE CITY OF PALM DESERT. Mr. Williams explained the resolution indicating that a change had been suggested in that no fee should be charged for signs in value of less than $100 and that $10 be charged for signs in value of $100 to $500 in value total. Councilman Seidler moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-64 with the modifi- cation recommended by staff. Motion carried unanimously. B. RESOLUTION NO. 76-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AN EXPANDED THROUGH -STREET SYSTEM AND ADDING ADDITIONAL STOP SIGN CONTROL WITHIN THE CITY OF PALM DESERT. Mr. Hurlburt advised that the new City Engineer, Mr. Hunter Cook, had requested that this be held over for the June 10, 1976, meeting to enable him to better review it. Council agreed to hold Resolution No. 76-65 over to the June 10, 1976, meeting. C. RESOLUTION NO. 76-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR THE PERIOD OF JULY 1, 1975, THROUGH JUNE 30, 1976. Mr. Hurlburt explained the resolution. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-69; motion carried unanimously. D. RESOLUTION NO. 76-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE ESTABLISH- MENT OF A FIRE STATION IN INDIAN WELLS. Councilman Seidler moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-70; motion carried unanimously. IX. ORDINANCES For Introduction: 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. Williams explained that during first reading of this Ordinance on April 29, 1976, concern was expressed about the horse trail system and staff was directed to review alternatives to that system. He stated that staff had accomplished this review and was now recommending a new first reading and revised conditions which he explained. Councilman Seidler moved and Councilman McPherson seconded to waive further reading and pass to second reading Ordinance No. 119 reflecting the changes from the previous first reading. Motion carried unanimously. May 27, 1976 Page 3 B. ORDINANCE NO. 122 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A 120 DAY MORATORIUM ON ALL LAND DIVISIONS IN ALL R-1 ZONING DISTRICTS WITHIN THE CITY LIMITS. (EMERGENCY ORDINANCE) Mr. Williams explained the ordinance. Councilman Newbrander moved and Mayor Brush seconded the motion to waive further reading and adopt. Motion carried unanimously. C. 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. City Attorney Dave Erwin advised Council that he had been making a survey of other cities and their respective policy and was not yet prepared with this ordinance. He requested that it be held over for the next meeting. Mayor Brush and Council agreed to continue the matter until the meeting of June 10, 1976. D. ORDINANCE NO. 124 - AN ORDINANE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 35, IMPOSING BUILDING EXCISE TAX ON NEW CONSTRUCTION. Mr. Hurlburt explained the ordinance indicating that it made two amendments to Ordinance No. 35. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and pass to second reading; motion carried unani- mously. For Adoption: A. 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 explained that this was second reading of the ordinance and offered no further explanation unless there were questions. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt. Motion carried unanimously. X. CONSENT ITEMS HELD OVER D. LETTER from the Living Desert Association Requesting Waiver of Building Permit Fee for a Non -Profit Organization. Mr. Hurlburt explained that another of these requests had been submitted since the preparation of the agenda and that there had been indication that further requests were forthcoming. It was his recommendation that Staff be given blanket approval for these and all future requests of a similar nature for the Living Desert Reserve. Councilman Newbrander moved to waive the building permit fee for the Living Desert Reserve, a non-profit organization, and authorize Staff to waive all future building permit fees for future development. Councilman Mullins seconded the motion. Motion carried unanimously. May 27, 1976 Page 4 XI. CONTINUING BUSINESS XII. NEW BUSINESS A. REPORT from City Manager Relative to Acceptance of Proposal for Free Professional Public Relations Services ($1 Per Year). Mr. Hurlburt stated that he was bringing this matter to Council in that it had received considerable publicity and he thought it should be presented at Council meeting as an administrative report for the benefit of the news media. The offer was made by Shelly Burton to provide free service to the City, and this matter was discussed in Study Session informally. Council had no objection to the Manager admin- istratively accepting the offer. He pointed out that this action became official immediately upon his administrative acceptance. Mayor Brush pointed out that if others wanted to offer the same services, Staff should follow the same course of action. XIII. OLD BUSINESS A. AGREEMENT Between the County of Riverside and Cities of Indian Wells, Palm Desert, and Rancho Mirage for Fire Marshall Services. Mr. Hurlburt explained the agreement indicating that it had been forthcoming for some time. Councilman Seidler moved and Councilman McPherson seconded to approve the agreement and authorize the Mayor tip sign it; carried unanimously. B. CASE NO. TT 6229-2, MARRAKESH, Applicant: Request for Approval of a Final Map and Acceptance of Improvement Bonds for 18 Units Located at the Marrakesh Country Club. Mr. Williams outlined the request. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-66 approving the Final Map for Marrakesh Country Club; carried unanimously. C. CASE NO. TT 6229-32 MARRAKESH, Applicant: Request for Approval of a Final Map and Acceptance of Improvement Bonds for 24 Units Located at the Marrakesh Country Club. Mr. Williams explained the request. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-67 approving the Final Map and accepting Improvement Bonds; carried unanimously. XIV. ORAL COMMUNICATIONS MR. NOEL BIRNS, Vice President of Sunrise, addressed Council indicating that he had not been present for the action involv- ing Sunrise. Mayor Brush indicated what action had been taken. MR. KEN WILLIAMSON, President, Palm Desert Jaycees, addressed Council outlining a program the Jaycees were conducting for a 4th of July cele-ration and requesting the City of Palm Desert contribute $1000 to the activities. After discussion, Council directed Staff to schedule this matter for further study so that an answer could be given to Mr. Williamson at the next Council meeting. May 27, 1976 Page 5 XV. REPORTS AND REMARKS A. City Manager None B. City Attorney None C. Mayor and City Council None XVI. ADJOURNMENT Councilman McPherson moved and Councilman Seidler seconded to adjourn the Council meeting; motion carried unanimously. Mayor Brush adjourned the meeting at 8:20 p.m. ATTEST: VEY L. HUR T, Cit Clerk City of Palm esert, California May 27, 1976 Page 6