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HomeMy WebLinkAbout1977-07-28MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 28, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins convened the regular meeting of the City Council at 7:00 p.m. in City Hall Council Chambers II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Absent: Councilman Brush Councilman McPherson Councilman Wilson Mayor Mullins Councilman Newbrander Mayor Mullins noted that Councilman Newbrander's absence was an "excused absence". Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Hunter T. Cook, City Engineer Ralph J. Cipriani, Associate Planner V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of July 14, 1977. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-125, 77-126, and 78-012. Rec: Approve as presented. C. LETTER FROM COACHELLA VALLEY TELEVISION Advising the City of Its Change of State of Incorporation from Iowa to Delaware. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by FROST ENTER- PRISES for TIE BREAKER RESTAURANT, 73-397 Highway 111, Palm Desert, California. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by HENRY J. & LINDA G. TAGLE for CIELITO LINDO RESTAURANT, 73-560 Highway 111, Palm Desert, California. Rec: Receive and file. July 28, 1977 Page 1 Councilman Brush moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously with the members present. VI. PUBLIC HEARINGS A. CASE NO. TT 9144 (Revised), DEEP CANYON, LTD., Applicant: Request for Approval of a Revised Tentative Tract for a 216-Lot Subdivision on Approximately 47.05 Acres Located at the Southeast Corner of the Intersection of Deep Canyon and Avenue 44 - PR-5, N Zone District. Mayor Mullins declared the Public Hearing open. Mr. Ralph Cirpiani reviewed the Staff Report for Council pointing out that the subdivision would contain 216 lots with a market value of approximately $16,479. He reviewed the conditions of approval, one of which dealt with a 15-foot easement for drainage purposes along the easterly boundary. Another condition dealt with the deletion of Lot No. 123 in order to provide for an emergency access as approved by the City Fire Marshal. A discussion followed relative to Condition No. 10 which stated individual lots on cul-de-sacs shall have minimum 35-foot width measured at a point 50 feet from the center of the cul-de-sac. The City Engineer was requesting that the width of the lots measure from the center of the cul-de-sac instead of the lot itself. Councilman McPherson asked the City Engineer if rolled curbs were being permitted as he had noticed they had been indicated on the Tract Map. Mr. Cook replied that the rolled curbs were the type specified on the Tentative Tract Map. After discussion between Mr. Cook and several councilmembers, it was decided to add a Condition No. 35 to specify curbs would be changed from rolled to the vertical type. Mayor Mullins invited input in FAVOR of the Tentative Tract Map and none was offered. Mayor Mullins invited input in OPPOSITION to the Tentative Tract Map and none was offered. Mayor Mullins declared the Public Hearing closed. Council discussed Condition No. 10 regarding the width of the lots, where the garages would be built, and if there would be room for the houses, taking into consideration where the garages would be built, expressing preference for the deletion of this condition. Councilman McPherson moved to adopt Resolution No. 77-79 with the elimination of Condition No. 10 and the addition of Condition No. 35 which specified curbs would be vertical rather than rolled. Councilman Brush seconded the motion; motion carried unanimously with the members present. B. CASE NO. TT 10202, FRANZ TIRRIE AND RONALD RIMMER, Applicants: Request for Approval of a Tentative Tract for a 49-Lot Sub- division on Approximately 9.5 Acres Located at the Southeast Corner of the Intersection of Portola Avenue and Santa Rosa Way - PR-5, N Zone District. Mr. Ralph Cipriani reviewed the Staff Report for Council indicating that the proposed lots would vary in size and shape to accommodate private swimming pools. The appli- cant intends to preserve the date groves in the area and and maintain approximately 53% open space in the project. Councilman McPherson questioned the ingress and egress and the street pattern of the area. MR. STEVE FLESHMANN, 74-133 El Paseo, representing the applicant, addressed Council in response to this question and others regarding whether the street would be public or private. Mr. Fleshmann stated the applicant wishes to keep the street private; that it was not July 28, 1977 Page 2 necessary to go through the street in order to get to another street. Councilman McPherson stated he couldn't find anything in the Tract Map stating whether the street would be public or private. Mr. Cipriani stated that the Planning Commission had approved a private street. Mayor Mullins declared the Public Hearing open and asked for any input in FAVOR of the Tract Map; none was offered. Mayor Mullins invited input in OPPOSITION to the Tract Map, and none was offered. Councilman Wilson requested Mr. Cook's comments on the matter of the street. Mr. Cook stated that it was originally recom- mended that the street be public because many times in the past when a street had been made private, it was then desired to be a public street at a future date. Mr. Cook also pointed out another item of consideration relative to the street being made a cul-de-sac. Mr. Fleshman spoke at that time to advise that the developer would be available to do everything he could to cooperate. He also requested at this time that Condition No. 5 be modified to allow 36' width curb -to -curb and 46' right-of-way rather than the stated 40'. With no further discussion, Mayor Mullins declared the hearing closed. Councilman McPherson recommended that an additional condition be added to state that curbs would be vertical, or Condition No. 17. Councilman McPherson moved to adopt Resolution No. 77-78 with the addition of Condition No. 17 stating that all interior streets have vertical curbs and amending Special Condition No. 4 to state street width should be 36' curb -to -curb with a 46' right-of-way. Councilman Wilson seconded the motion; motion carried unanimously with the members present. VIII. RESOLUTIONS A. RESOLUTION NO. 77-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING THE FINDINGS OF THE PLANNING COMMISSION REGARDING CASE NO. RPA 03-77, AND CONSENTING TO A JOINT HEARING WITH THE REDEVELOPMENT AGENCY ON AUGUST 11, 1977, TO CONSIDER REDEVELOPMENT AMEND- MENT NO. 3. Mr. Ralph Cipriani reported that the Planning Commission had approved and was recommending Council's approval of a change in land use designation from medium density resi- dential-1 (maximum of seven units per net acre) to Core Area Commercial for approximately 1.5 acres. This is in accordance with the City's General Plan. The Planning Commission also requested the Redevelopment Agency hold a Joint Hearing on Redevelopment Plan No. 3 on August 11, 1977, before the City Council and the Agency. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-81. Motion carried unani- mously with the members present. IX. ORDINANCES For Introduction: None July 28, 1977 Page 3 IX. ORDINANCES For Adoption: A. ORDINANCE NO. 163 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 60, SECTION 22, WITH REGARDS TO BUSINESS LICENSE TAX PENALTIES; AND ORDINANCE NO. 82, ADDING SECTION 3, PRO -RATING FEES FOR CHANGE OF OWNERSHIP. Mr. Bouman pointed out that the amendments to these two ordinances had been previously outlined for Council during first reading and that he had no further input unless Council had questions. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 163. Motion carried unanimously with the members present. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. REQUEST FOR APPROVAL of an Agreement with Southern California Edison for Use of the City Maintenance Yard Site. Mr. Hunter Cook, City Engineer, explained that this site was being used for storage of the City's maintenance supplies. The lease is of a standard nature and had been reviewed and subsequently approved as to form by the City Attorney. Councilman Wilson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-80. Motion carried unani- mously with the members present. MR. JAMES BROWN, Ask Fore Palm Desert Cab Company, addressed Council at this point and asked the status of his franchise for taxicab service in the City of Palm Desert as he did not notice it on the agenda. Council agreed to discuss the matter at this time, and Mayor Mullins asked Mr. Bouman for his report. Mr. Bouman stated that through an oversight, this item had been left off the Agenda. The item had been continued from the Council meeting of July 14th to this meeting with the City Attorney being requested to write an ordinance to strengthen the present ordinance and allow for any firm to operate cabs in the City with a business license. However, he stated that he had conferred with the City Attorney at great length on this matter and were proposing the following for Council's consideration: 1) If we now go into the business of attempting to regulate taxicabs, the number of taxicab firms could number four or five. The City could get into a time and money consuming operation and perhaps there would be a need for scrutiny of individuals; 2) When we do become a part of the operation of the taxicabs, the City could be charged that we had not done our job, and in the event of a lawsuit, the City could assume some liability; 3) It is Staff's understanding that the taxicabs already come under regulation by the Public Utility Commission for insurance requirements and another regulating body is not really needed; 4) The question was raised as to why taxicabs should become the City's responsibility any more than other vehicles such as ambulances and tow trucks, etc. The City could easily control taxicabs through a licensing procedure and inspection of the vehicles before a license was issued; and 5) A condition of the taxi operators would be a hardship in con- sideration of the competition involved. Mr. Bouman concluded by stating that it was Staff's recommendation that no new ordinance be adopted and that control of taxicabs be conducted through business licensing procedures only. July 28, 1977 Page 4 Councilman Brush stated his disagreement with M. Bouman in that he did not feel the City, through a business license, would have any way of controlling the fees of taxis operating from outside Palm Desert. They could have a $5.00 or $10.00 charge before they even came to Palm Desert to pick up pas- sengers. Secondly, he felt we wouldn't have control over the vehicles and that the State would not regulate new con- trols over the drivers. He concluded by saying that he was very much against it. Councilman McPherson stated that he felt it should be a free enterprise and that what the cabs want to charge for a ride should be permissible. The City doesn't have control over prices charged in a drug store, for example, and this is a competitive system just as a taxicab service is. He con- cluded that he felt this item had been discussed sufficiently. MRS. LELAH THOMPSON, Palm Desert, addressed Council in support of an exclusive franchise for Ask Fore Palm Desert Cab. She complimented them on their highly professional and excellent service to her and stated that she felt the City needed to control this type of service to its residents. MR. JAMES BROWN, Ask Fore Palm Desert Cab Company, addressed Council indicating he would continue to operate his business and that he would give the best possible service to the people of Palm Desert. Councilman Wilson stated he had mixed emotions on the subject in that although he felt a strong obligation to the residents of Palm Desert to provide good service, but he felt any qualified company should be allowed to operate in the City. He stated that he felt controls were needed to insure standard rates. He indicated his opposition to Ordinance No. 58 but suggested as a compromise to allow the franchise to expire, see if a problem exists, revoke Ordinance No. 58, and, if found necessary, replace it with a regulatory ordi- nance at a later date. Mayor Mullins stated his agreement with the dissolution of the exclusive franchise. He stated his agreement with the business license control, and if problems should arise, the Council could react by establishing controls at that time. Mr. Dave Erwin suggested the approval of Ordinance No. 164 which would repeal Ordinance No. 58 and establish taxicabs under a business license. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 164 to second reading. Motion carried on the following vote: AYES: McPherson, Wilson, Mullins NOES: Brush ABSENT: Newbrander ABSTAIN: None Mr. Bouman stated that the City Staff would document any and all complaints received on taxicab service within the next 3 months, and he would make a report to Council at that time as to the acceptability of the decision. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None July 28, 1977 Page 5 XV. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman reported that he had received a letter which pointed out that the Desert Sun would be observing its 50th birthday on August 5th. Since Council would not meet before that date, he had prepared a resolution of commendation to the Desert Sun, which, if adopted, would be Resolution No. 77-83. He pointed out that the Staff at City Hall is especially dependent upon the newspapers and that the Desert Sun has provided excellent coverage for 50 years. He recognized Mr. Grofer, Mr. Shoemaker, and the entire staff of the Desert Sun stating that they were to be sincerely congratulated. Councilman Brush moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 77-83. Motion carried with the members present. Council suggested that the Resolution be signed and presented personally to the Desert Sun. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Brush stated that, with the increased use of the Park and the baseball fields in the summer months, he had received many complaints from parents about the number of speeding vehicles at the entrance to the Community Park and the inability of the City to control cars along this entrance. He asked the City Engineer to do something to slow the traffic at this area. Mr. Cook responded that he had met with the Sheriff's Department that very afternoon and discussed having increased surveillance. He pointed out that the baseball season was almost over. Councilman Brush pointed out that one man had sped into the parking lot, hit 4 cars, and then left before anyone could catch him. Mr. Cook assured that he would investigate the problem more thoroughly to assure resolution to it. Mayor Mullins asked that everyone note the future meetings listed on the Agenda. XVI. ADJOURNMENT With no further business to come before the Council, Councilman Wilson moved and Councilman McPherson seconded to adjourn the meeting. Motion carried unanimously with the members present. Mayor Mullins adjourned the meeting at 8:15 p.m. ARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILL GAN, CIS/ CLERK CITY OF PALM DESERT, CALIFORNIA July 28, 1977 Page 6