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