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HomeMy WebLinkAbout1977-05-26MINUTES REGULAR CITY COUNCIL MEETING MAY 26, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:05 p.m. in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Brush Councilman McPherson Councilman Newbrander Councilman Wilson Mayor Mullins Also Present: Martin J. Bouman, City Manager Paul A. Williams, Director of Environmental Services Paul E. Byers, Director of Management Services Hunter T. Cook, City Engineer David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT of Member to the Building Board of Appeals and Condemnation to Fill Expired Term of John Marzicola. Mayor Mullins announced the reappointment of Mr. Marzicola to the Building Board of Appeals and Condemnation, citing his excellent contributions in the past as a member of this Board. Council all agreed. VI. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of May 11, 1977. Rec: Approve as presented. B. MINUTES of the Regular City Council Meeting of May 12, 1977. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-095, 77-104, and 77-111. Rec: Approve as presented. D. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF APRIL, 1977. Rec: Approve as presented. 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. May 26, 1977 Page 1 F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By IRIS TIRE & RUBBER COMPANY for EL CAFE De MEXICO, 73-325 Highway 111, Palm Desert, California. Rec: Receive and file G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By GEORGIAN, INC. for THE FORT, 74-155 El Paseo Street, Palm Desert, California. Rec: Receive and file H. REQUEST FOR APPROVAL of Future Improvement Agreement for Parcel Split 9136. Rec: Adopt Resolution No. 77-58, authorizing the execu- tion of the Future Improvement Agreement. Councilman McPherson moved and Councilman Newbrander seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. C/Z 04-77, PAUL S. MOLLER, APPLICANT: Request for a Change of Zone from PR-1, H to S.I. for a 3-Acre Parcel Located North of Avenue 44 and 250 Feet West of Painter's Path. Mayor Mullins declared the Public Hearing open. Mr. Williams reviewed the Staff Report for Council indicating that Council had previously amended the General Plan Land Use Map and the Redevelopment Plan for Project Area No. 1 to allow for Service Industrial in this area. This action would bring the zoning ordinance into agreement with the other plans as amended. Mayor Mullins requested input in favor of the project. MR. PAUL MOLLER, 73-465 Goldflower Street, Palm Desert, addressed Council indicating his favor of the project and offering to answer any questions Council might have. Mayor Mullins requested input in opposition to the zoning. None spoke. Mayor Mullins declared the Public Hearing closed. Councilman McPherson moved to waive further reading and pass Ordinance No. 160, approving the request, to second reading. Councilman Brush seconded the motion; carried unanimously. B. CASE NO. C/Z 03-77, PALM DESERT PLANNING COMMISSION, APPLI- CANT: Request for a Change of Zone from O.S. (Open Space) to R-2-8,000(4), S.P. for a 4.6 Acre Parcel Located South of Ironwood Street and Adjacent to 18th Fairway Lane and a Portion of Cottage Lane. Mayor Mullins declared the Public Hearing open. Mr. Williams reported that the new Zoning Map, adopted by the City in 1976, inadvertently did not include the units around 18th Fairway Lane and the 4.6 acres of developed property was shown as part of the golf course and zoned O.S. The staff is recommending that this situation (which makes the existing units non -conforming and thus subject to needless restrictions in the Zoning Ordinance) be corrected May 26, 1977 Page 2 by zoning the property to R-2-8,000(4), S.P. The Planning Commission adopted Resolution No. 238 on May 3, 1977, which recommends Council's approval of the proposed Change of Zone. Mayor Mullins requested input in FAVOR of the rezoning and none was offered. Mayor Mullins requested input in OPPOSITION to the rezoning and none was offered. He then declared the Public Hearing closed. Councilman Brush moved and Councilman Wilson seconded to waive further reading and pass Ordinance No. 161 to second reading. Motion carried unanimously. C. CASE NO. ZOA 02-77, CITY OF PALM DESERT, APPLICANT: Request for an Amendment to the Service Industrial District of the Zoning Ordinance to Require a Conditional Use Permit for Projects Located within a Redevelopment Project Area. Mayor Mullins declared the Public Hearing open. Mr. Williams stated that when approving the recent Amendment of the General Plan and Redevelopment Plan for the Moller service industrial site, the City Council fully recognized the potential for adverse impact upon future resort hotel areas. To ensure their proper design, the Council required that a Conditional Use Permit be granted prior to the development of the project. In order to implement this condition, the Zoning Ordinance, which is the actual legal document regulating development, should be amended to incorporate this feature. Mayor Mullins requested input in FAVOR of the zoning amend- ment and none was offered. Mayor Mullins requested input in OPPOSITION to the zoning amendment and none was offered. The Mayor declared the Public Hearing closed. Councilman Brush moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 162 to second reading. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CITY' SB-325 CLAIM FOR THE 1977-78 FISCAL YEAR. Mr. Bouman reported that about this time each year, SCAG advised the City as to the amount of money they will receive in the coming fiscal year from SB-325 (Local Transportation Fund). They have told us that we will receive $148,456.00 and we now have to notify them before June 1, 1977, as to how we will use that money. We have committed $57,441 for Sunline, and the balance of $91,015 will be utilized for streets and roads. Councilman McPherson noted that there was a typographical error in the resolution indicating $51,441 committed for Sunline when it should read $57,441. Councilman McPherson moved to adopt Resolution No. 77-56 as amended. Councilman Newbrander seconded the motion; carried unanimously. May 26, 1977 Page 3 B. RESOLUTION NO. 77-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1976-77 BUDGET TO PROVIDE FOR LIBRARY AIR-CONDITIONING REHABILITA- TION COST, FOR SUPPLEMENTAL APPROPRIATIONS FOR SCHOOL CROSSING GUARD EXPENSE AND FOR SUPPLEMENTAL APPROPRIATIONS FOR CURB AND GUTTER AND DRAINAGE ENGINEERING EXPENSE. Mr. Bouman explained that these will be the final requests of the Council for budget changes in the current fiscal year budget. He reviewed the amendments and their respec- tive transfer appropriation. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-57. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS A. APPEAL OF CASE NO. 25SA, ROY WILLIAM CARVER, APPLICANT: Applicant Is Seeking the Deletion of the Conditions of Approval for Case No. 25SA, Which Are Specified in Planning Commission Resolution No. 234. Mr. Williams announced that he had received a letter from Mr. Carver stating that he would not be able to attend the Council meeting and requesting a further continuance. Council agreed to continue the matter to the meeting of June 14, 1977. XII. NEW BUSINESS A. REQUEST FOR APPROVAL of Local Agency -State Agreement for Repair of Flood Damage on Federal Aid Urban Roads. Mr. Cook reported that State law required the City and State to enter into an agreement relative to prosecution of the repairs or reconstruction of the flood damage on the City's Federal Aid Urban streets. The streets involved include Haystack Road, Portola Avenue, Monterey Avenue, Deep Canyon Road, El Paseo, San Pablo, Avenue 44 and the Highway 111 frontage roads. All eligible work is 100% reimbursable from Federal Emergency Relief Funds, and the estimated cost of repair is $94,000. Other local streets are funded under a separate program. Councilman McPherson moved to adopt Resolution No. 77-59, approving an Agreement with the State for repair of flood damage on Federal Aid Urban streets. Councilman Newbrander seconded the motion; carried unanimously. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None May 26, 1977 Page 4 XV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL It was noted that the May 30, 1977, meeting of the Parks and Recreation Commission Meeting would be held on June 6, 1977, at 7:00 p.m. inasmuch as May 30th was a holiday. Councilman McPherson stated that since Agenda preparation, a meeting of the Redevelopment Finance Committee had been scheduled for June 2, 1977, at 7:30 a.m. in the City Hall Administrative offices. XVI. ADJOURNMENT With no further business to come before the meeting, Councilman Brush moved and Councilman McPherson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 7:28 p.m. 4 "'ARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, CX'TY CLERK City of Palm Desert, California May 26, 1977 Page 5