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HomeMy WebLinkAbout1977-02-10MINUTES CITY COUNCIL MEETING THURSDAY, FEBRUARY 10, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:05 p.m. in the City Hall Council Chambers. II. PLEDGE - Councilman Jim McPherson III. INVOCATION - Doc Howard Benninghoff, P.D. Exchange Club IV. ROLL CALL Present: Councilman Jim McPherson Councilman Ed Mullins Councilman Alexis Newbrander Councilman Bill Seidler Mayor Noel Brush Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Management Services David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF FREEDOM SHRINE To The City of Palm Desert By the Palm Desert Exchange Club. Mr. Jim Hill, President of the Palm Desert Exchange Club, presented the City with a Freedom Shrine, a collection of 28 original, historical documents which have been photo- graphically reproduced and mounted for display in the Council Chambers. Mr. Hill elaborated on their influence in our great Country's history and asked that they be displayed for everyone to see, read, and enjoy. The following other people spoke on behalf of the Exchange Club regarding the Freedom Shrine: Mr. C. O. Harris Mr. Mac McLean Mayor Brush thanked the entire Exchange Club for their Freedom Shrine indicating that it would be displayed very proudly for anyone who wished to see it. He stated that through the Club's efforts, we now had a fiery complete history of our great nation. Mayor Brush called a brief recess at 7:25 p.m. The meeting was reconvened at 7:30 p.m. February 10, 1977 Page 1 V. B. APPOINTMENTS of Two Additional Members to the Newly Created Parks & Recreation Commission. Mayor Brush stated that, with no objection from the other members of Council, he would like to appoint Mr. Steve Fleshman and Mr. Vic Clark to the Parks & Recreation Com- mission. No objections were raised. Mayor Brush extended his appreciation to both individuals for their willingness to serve on the committee. C. APPOINTMENT of New Member to the Design Review Board to Fill Vacancy Created by Michael Buccino's Resignation. Mayor Brush appointed Mr. Eric Johnson to fill the vacancy created by Mr. Buccino's resignation. The Mayor elaborated on Mr. Johnson's background indicating that he had over 30 years of experience, 10 years in the Coachella Valley. He had been a landscape architect, contractor, and for 14 years he was Associate Editor of Sunset Magazine. D. APPOINTMENT of Representative to the Coachella Valley Mosquito Abatement District. Mayor Brush stated that this would be continued to the meeting of February 24, 1977. VI. CONSENT CALENDAR A. MINUTES of the January 27, 1977, Meeting of the City Council. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-072 and 77-073. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE For the Tie Breaker Restaurant, 73-397 Highway 111, Palm Desert, California, By Gary L. & Kathy S. WARDEIN. Rec: Receive and file. D. RESOLUTION NO. 77-8 - OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING RIGHT-OF-WAY CONTROL AT THE INTERSECTIONS OF OLD PROSPECTOR TRAIL AND DEEP CANYON ROAD; ARBOLETA AVENUE AND ACACIA DRIVE; AND SONORA DRIVE AND ACACIA DRIVE. Rec: Waive further reading and adopt. E. RESOLUTION NO. 77-9 OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT 8237-1 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE REQUIRED SUBDIVISION AGREEMENT. Rec: Waive further reading and adopt. Councilman McPherson moved and Councilman Seidler seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. ZOA 02-76, THE SIGN ORDINANCE: Consideration of a Revised Section 25.38 of the Palm Desert Municipal Code and an Amendment to Section 25.39-2.10 of the Palm Desert Zoning Ordinance. (Continued from January 27, 1977.) Mr. Williams stated that this matter was considered by the City Council at their regularly scheduled meeting of January 27, 1977, and continued to allow the staff to meet with representatives of the hotel and motel owners to discuss their differences with the proposed Ordinance. He pointed out that three changes were being proposed by Staff as a result of the last meeting: 1) allowance of the use of the February 10, 1977 Page 2 word motel; 2) simplification of the selection process and composition of the proposed Sign Amortization Committee; and minor word changes. These revisions will not affect the intent and purpose of the Ordinance. Mr. Williams reviewed the requests presented by the hotel/motel owners at the recent meeting with City staff. These requests included the following: 1) equal sign entitlement regardless of zone; 2) a one-year grace period before any enforcement of sign removal; 3) a change of maximum of height of signs to ten feet or the height of the adjacent building, which- ever is higher. Mr. Williams stated that Staff was in agree- ment with the first two requests but that they could not support the concept of allowing higher ground signs because it goes beyond the allowances in any other zone. In addition, it would provide a competitive edge to a small segment of the community which does not seem fair to all the other businesses in the community. Mr. Williams reported that he had received letters from both the Desert Peoples United and the Palm Desert Property Owners Association expressing their support of the Sign Ordinance and urging its adoption without further compromise. Staff recommended adoption of the ordinance as well as Resolution No. 77-3 announcing a Council Policy Statement Regarding the Sign Ordinance. The Mayor asked for input in favor of the ordinance. MR. FRANK GOODMAN, 73-655 Shadow Mountain Drive, Palm Desert, addressed Council on behalf of the Board of Realtors. He stated that as a result of working with staff, they were all very pleased with the results and expressed their support of the adoption of the ordinance. The Mayor asked for input in opposition to the ordinance. MR. GEORGE KRYDER, 44-850 San Pablo, Palm Desert, addressed the Council as a representative of the Retail Merchants Division of the Chamber of Commerce. Mr. Kryder expressed disagreement with Council's appointment of the membership of the Ad -Hoc Committee. He further stated that his group felt that the membership should be chosen by the community at large. MR. JIM RICHARDS, 74-470 Abronia, Palm Desert, addressed Council, stating his appreciation for Staff's assistance in incorporating their input. He did, however, express opposition to the height of signs and asked Council to reconsider this. With no further input, Mayor Brush declared the Public Hearing closed. Councilman Seidler pointed out that the Sign Ordinance had been changed with regard to the Ad Hoc Committee in that it would now be comprised of 5 members with at least 3 of these members from the business community. He expressed strongly that the City Council should be responsible for the appoint- ment of this membership. He continued that the Council would be pleased to accept a list of recommended individuals from the Board of Realtors and the Chamber, but he felt the respon- sibility of appointment should remain with the Council. Councilman McPherson pointed out that one of the major reasons for incorporation of the City was that the County of Riverside was not maintaining what the residents felt should be in our area. He continued that we are all working for the betterment of our community and that the sign ordi- nance was one more step in that direction. Councilman Mullins stated he felt it was a good ordinance, although a controversial one. It will affect everyone, but as it begins to take affect, we will all begin to look at it as something for the better and we will be proud of it. February 10, 1977 Page 3 Mayor Brush pointed out that many, many changes had been made since the first draft of the ordinance had been pre- sented, and these changes had been made as a result of public input. Councilman Newbrander moved to approve Resolution No. 77-3, announcing a Council Policy Statement regarding the Sign Ordinance and to approve Ordinance No. 129, as amended, and pass to second reading. For clarification, Mayor Brush read the specific amendments to be incorporated in the ordinance: mously. Section Change 25.38-11.01 25.38-11.07 25.38-18.04 25.38-18.06 25.38-18.08 25.38-6 Delete first two sentences and replace with: Each hotel, motel, or apartment complex shall be limited to one (1) sign per complex. The total or aggregate area of the principal sign shall not exceed the equivalent of one (1) square foot of sign per lineal foot of frontage which the building has facing on the adjacent right-of-way with a maximum entitlement of fifty (50) square feet. Delete and replace with the wording of Section 25.38-12.02A: Frontage on two or more streets. Add - This amortization program shall not become effective until one (1) year after this Ordinance is enacted. Page 25.38(24) Paragraph 2, last sentence, delete - shall be removed immediately and add shall be removed immediately after the effective date of this amortization program which is one (1) year after the enactment of this Ordinance. Change after the effective date of this article to of the effective date of this amortization program which is one (1) year after the enactment of this Article. Add - Any illegal permanent signs existing prior to the enactment of this Article shall not be abated by the City until one (1) year after the enactment of this Article. Councilman Mullins seconded the motion. Motion carried unani- B. CASE NO. ZOA 01-77 - EIR PROCEDURES (Ordinance No. 156): Consideration of an Ordinance Amending Article 25.41 of the Palm Desert Zoning Ordinance to Revise the Procedures of the City of Palm Desert for Implementing the Requirements of the California Environmental Quality Act of 1970. Mayor Brush declared the Public Hearing open. Mr. Williams reviewed the Staff Report indicating that the adoption of Ordinance No. 156 would approve an Amendment 41 of the Palm Desert Zoning Ordinance to implement the latest state -mandated changes in the guidelines for the implementation of the California Environmental Quality Act of 1970. February 10, 1977 Page 4 Mayor Brush asked for input in favor of the ordinance and there was none. He then asked for input in opposition to the ordinance, and there was none. Mayor Brush declared the Public Hearing closed. Councilman Seidler moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 156 to second reading. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLUTION NO. 74-14 AND ADOPTING NEW PROCEDURES FOR THE IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970. Mr. Williams reviewed the Staff Report stating that this revised resolution (and any future amendments to it) will be the dentral document containing all of the City's regu- lations for implementing CEQA. This process enables the City to relate environmental matters to a City ordinance while enabling easy amendment of the environmental resolu- tion. Staff is already anticipating changes from the California Secretary for Resources and this process will allow the City to update its environmental procedures resolution on an as -needed basis. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt. Motion carried unanimously. B. RESOLUTION NO. 77-10 - A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING ASSESSMENTS ON PROPERTY OWNERS IN SAID CITY, FOR THE ABATEMENT OF WEEDS AND OTHER NUISANCES ON VACANT LOTS. Mr. Bouman explained that this was a matter wherein property had been abated after the owners' failure to do so. He indicated that all owners had been properly notified, the lots had been posted, but that the City had had to clean the lots. The total of all the bills combined was $365. The next step, if the City is still unsuccessful in col- lecting reimbursement, is a property tax lien. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 77-10. Motion carried unanimously. Mayor Brush noted that the total in this resolution was a great deal lower than those seen before, and he suspected some changes had been made. Mr. Bouman indicated that some had. C. RESOLUTION NO. 77-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE DISPOSAL OF THE 1975 BUSINESS LICENSE APPLICATIONS. Mr. Bouman stated that the 1975 business licenses had been legally stored and that this resolution was requesting authorization of the destruction of the applications. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 77-11. Motion carried unanimously. D. RESOLUTION NO. 77-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNEXATION NO. 3 IN SAID CITY AND SETTING A PUBLIC HEARING THEREON. Mr. Bouman explained that this was follow-up action on the annexation and the approval of LAFCO. This now begins the formal processing of the annexation. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-12. Motion carried unanimously. February 10, 1977 Page 5 E. RESOLUTION NO. 77-13 - A RESOLUTION OF THE CITY COUNCIL OF .. THE CITY OF PALM DESERT, CALIFORNIA, DIRECTING THE DEPARTMENT OF BUILDING AND SAFETY FOR THE CITY OF PALM DESERT TO ENFORCE THE SEQUENCE OF EVENTS OUTLINED IN ORDINANCE NO. 117 OF SAID CITY DEALING WITH THE ABATEMENT OF DANGEROUS BUILDINGS. Mr. Bouman explained that this resolution was prepared in response to a resolution from the Building Board of Appeals and Condemnation dealing with flood damaged homes wherein no rehabilitation by the owners has been made and no sign of rehabilitation is shown. At the time of the flood, Council waived all building permit fees for reconstruction of homes, and this resolution will now put those fees back into effect as of March loth and initiated a procedure which follows City Ordinance No. 117, which in turn follows State Building Code. All property owners in violation will be notified and given 60-90 days before the City would declare them in violation. After that time, the City could inves- tigate the problem,assess the owner, and if necessary, go to a tax lien for reimbursement of abatement costs. Mayor Brush asked if this was considered from a health and safety hazard standpoint, and Mr. Bouman advised that it was but also to aid the neighbors who are affected when their property values go down as a result of the unrestored building. Councilman McPherson asked whether or not anyone holding a second mortgage on the home would be notified of the problem inasmuch as they may wish to step in and restore the property if they knew about it. City Attorney Dave Erwin advised that as a practical matter, anyone who had an interest in the property would be notified. Mr. Bouman added that they were speaking of approximately 6-12 homes. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 77-13. Motion carried unanimously. IX. ORDINANCES - For Introduction: A. ORDINANCE NO. 155 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR LICENSING OF BINGO GAMES WITHIN SAID CITY, SETTING FORTH THE PROCEDURES AND REQUIREMENTS FOR THE LICENSING AND HOLDING OF SUCH BINGO GAMES, AND THE PENALTIES FOR VIOLATION OF THIS ORDINANCE. Mr. Bouman stated that this ordinance had been prepared for Council's consideration at the request of the Women's Auxili- ary of the Foundation for the Retarded of the Desert. Dave Erwin outlined the provisions set forth in the ordinance indicating that it was very specific in the organizations that would qualify, and very specific regulation of such operations would be required. He continued that the ordi- nance itself was very restrictive. Councilman Seidler stated that bingo itself, under the present Penal Code, was not illegal. The charge for cards and the providing prizes is what is illegal. If donations were requested but not made mandatory, then bingo would be permissible, provided no prizes were awarded either. This law is enforced in the City now, and Councilman Seidler stated he felt adopting this ordinance and adding another law would only cloud the issue. Councilman Seidler moved and Councilman Newbrander seconded to table Ordinance No. 155. Motion carried unanimously. Councilman Mullins added that he agreed that we did not need this ordinance as we were adequately covered by the law as it stood. February 10, 1977 Page 6 ORDINANCES - For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS XII. NEW BUSINESS A. RESOLUTION NO. 77-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A TRANSFER WITHIN THE 1976-77 BUDGET FOR THE PURCHASE OF A CITY PICK-UP TRUCK FOR THE PUBLIC WORKS DEPARTMENT. Mr. Bouman stated that this resolution involved a budget item wherein the Public Works Department originally budgeted a dump truck. Experience has proven that the pick-up truck would better suit the City's needs, and would also provide a substantial savings. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-14. Motion carried unanimously. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS Mr. Don Thompson, 74-090 DeAnza Way, Palm Desert, addressed Council opposing that section of the Zoning Ordinance wherein he was forced to store his recreational vehicle away from his home. He indicated that the lot he had used for storage had doubled their prices, that the lot was kept locked and a key was available only during office hours, and that the vehicle was often subjected to damage. He stated that the enforcement of this ordinance was a violation to his rights as a property owner. Mr. Mark Fitzgerald, 74-100 DeAnza Way, Palm Desert, addressed Council opposing the same enforcement of the Zoning Ordinance. Councilman Mullins stated that some of these problems would be worked out by contacting Staff and working out some type of solution agreeable to both residents and the City. Overall, he felt that the neighborhoods would look better with the enforcement of screening and storing of vehicles. Mayor Brush pointed out that this ordinance is not unique in that most cities do enforce similar restrictions. Mr. Bouman pointed out that at the moment, the City did not have a better solution to the problem of storage space. He stated that he would work with the Code Enforcement Department to try to offer some interim type of solution to the problem. XV. REPORTS AND REMARKS A. City Manager RESOLUTION NO. 77-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING THE PLANNING COMMISSION'S REPORT REGARDING PROPOSED REDEVELOPMENT PLAN AMENDMENT NO. RA 01-77 AND CONSENTING TO A JOINT HEARING SCHEDULED FOR MARCH 10, 1977. February 10, 1977 Page 7 Mr. Bouman explained that this resolution provided for a joint hearing for the purpose of considering the General Plan Amendment and Redevelopment Agency Plan Amendment so that it could be accomplished at one time. Councilman Mullins moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 77-15. Motion carried unanimously. B. City Attorney None C. Mayor and City Council None XVI. ADJOURNMENT Mayor Brush adjourned the meeting at 9:05 p.m. to Executive Session for the purpose of discussing personnel matters. Mayor Brush reconvened the meeting at 9:35 p.m. Discussion followed relative to Resolution No. 76-39 and the annual review of the appointment of Mayor and Mayor Pro-Tempore. No action was taken. Councilman McPherson moved and Councilman Seidler seconded to adjourn the meeting. Motion carried unanimously. Mayor Brush adjourned the meeting at 10:05 p.m. NOEL. B SH, MAYOR ATTEST: ��lcJ'�il -"SHEILA R. GILLIGAN, A6Jting City Clerk City of Palm Desert, California February 10, 1977 Page 8