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HomeMy WebLinkAbout1973-11-26CITY OF PALM DESERT CITY COUNCIL MINUTES November 26, 1973 The first meeting of the City Council was called to order h-: :=1-_LD D. SULLIVAN, County Clerk, County of Riverside, C._:_===nia, at the Palm Desert Community Church, Palm Desert, on __esdav, November 26, 1973 at 2:00 P.I. The meeting was opened with the Salute to the Flag. The invocation was given by Reverend DEAN MILLER of the Palm Desert Community Church. ROLL CALL: PRESENT: Councilman -elect CHUCK ASTON, Councilwomam- elect JEAN BENSON, Councilman -elect NOEL BRUSH, Councilman -elect HENRY CLARET{, and Councilman -elect James McPHERSON ABSENT: None The Oath of Office to the members of the City Council was given by Donald D. Sullivan, County Clerk, Riverside County. - Mr. Sullivan, Chairman Pro -ten, called for nominations for the office of Mayor. Moved by Councilman Brush, seconded by Councilman Aston that Henry B. Clark be nominated for Mayor and that this vote be recorded as unanimous. Mayor Clark took the chair and called for nominations for the office of Mayor Pro-tempore. Moved by Councilwoman Benson, seconded by Councilman McPherson that Noel Brush be nominated for Mayor Pro-tempore and that the vote be recorded as unanimous. COUNCIL APPOINTMENTS RESOLUTION NO. 73-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPOINTING A CITY MANAGER FOR SAID CITY. Moved by Councilman McPherson, seconded by Councilman Aston and unanimously carried that further reading be waived and RESOLUTION NO. 73-1 be adopted appointing EUGENE ASMUS as City Manager for a period from November 26, 1973 to and including February 28, 1974. RESOLUTION NO. 73-2 OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, APPOINTING THE CITY CLERK. Moved by Councilman McPherson, seconded by Councilman Aston and unanimously carried that further reading be waived and RESOLUTION NO. 73-2 be adopted appointing EUGENE ASMUS as City Clerk. 1 7ESOLUTION NO. 73-3 OF THE CITY COUNCIL OF THE CITY OF ?ALN DESERT, APPOINTING A CITY ATTORNEY AND PROVIDING FOR THE DUTIES OF THE SAME. br Councilman McPherson, seconded by Councilman. Aston and -unanimously carried that further reading be waived and =_ SCITTION NO. 73-3 be adopted appointing DAVID ERWIN as City_ _-___-e!. Erwin submitted a letter appointing two attorneys to se_:-e as Deputies: MR. JOHN ANDERHOLT and MR. JEFF PATTERS ON . RESOLUTION NO. 73-4 OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ESTABLISHING PUBLIC PLACES FOR THE POSTING OF CITY ORDINANCES AND PUBLIC NOTICES. Moved by Councilman Aston, seconded by Councilman McPherson and unanimously carried that further reading be waived and RESOLUTION NO. 73-4 be adopted. Mr. Gene Agnes, representing Congressman Victor Veysey, presented a Flag to the City. Retired Judge Eyman, Superior Court of San Francisco, presented a Flag from the old Hall of Justice for use in the Council Chambers, as well as a California Flag. Mr. Cliff Henderson, founder of Palm Desert, presented the City a Flag from Ed McCoubre_v, a former Mayor of Palm Springs, which had flown over the White House. Mr. Doug Powell, County Road Commissioner, was intro- duced, and Captain Del Fontin, representing Sheriff Ben Clark. Mayor Clark read a congratulatory telegram from Mr. Arnold Palmer, Honorary Mayor of Palm Desert. ORDINANCES ORDINANCE NO. 1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ADOPTING BY REFERENCE THE RIVERSIDE COUNTY ORDINANCE CODE. Councilman Aston moved that further reading be waived and that ORDINANCE NO. 1 be adopted. Motion seconded by Councilman McPherson and carried by the following vote: AYES: Councilmen: Aston, Benson, Brush, Clark and McPherson NOES: Councilmen: None ORDINANCE NO. 2 - AN ORDINANCE. OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE TIME AND MEETING PLACE FOR REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. Councilman Brush moved that further reading be waived and that ORDINANCE NO. 2 be adopted. Motion seconded by Councilwoman Benson and carried by the following vote: AYES: Councilmen: Aston, Benson, Brush, Clark and McPherson =S: Councilmen: None 2 11/26/73 ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A PROCEDURE FOR PRESENTMENT OF CLAIMS AND DEXANDS AND FOR THE PAYMENT OF OR OTHER DISPOSITION OF SAME. Oc.irciiworan Benson moved that further reading be waived a- -L-.7_=t ORDINANCE NO. 3 be adopted. Motion seconded by Cow-=.i an Brush and carried by the following vote: YES: Councilmen: Aston, Benson, Brush, Clark and McPherson :;OES: Councilmen: None ORDINANCE NO. 4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING ITSELF AS THE CITY PLANNING AGENCY. Councilman Aston moved that further reading be waived and that ORDINANCE NO. 4 be adopted. Motion seconded by Councilman Brush and carried by the following vote: AYES: Councilmen: Aston, Benson, Brush, Clark and McPherson NOES: Councilmen: None ORDINANCE NO. 5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE PENAL SUM OF BONDS OF CERTAIN CITY OFFICERS AND EMPLOYEES AND AUTHORIZING THE PAYMENT OF THE PREMIUMS FOR SUCH BONDS. Councilman Brush moved that further reading be waived and that ORDINANCE NO. 5 be adopted. Motion seconded by Councilman McPherson and carried by the following vote: AYES: Councilmen: Aston, Benson, Brush, Clark and McPherson NOES: Councilmen: None ORDINANCE NO. 6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A UNIFORM TRANSIENT OCCUPANCY TAX ALONG WITH THE PROCEDURES TO BE USED IN CONJUNCTION THEREWITH, AND SPECIFICALLY SUPERSEDING COUNTY ORDINANCE NO. 495. Councilwoman Benson moved that further reading be waived and that ORDINANCE NO. 6 be adopted. Motion seconded by Councilman Brush and carried by the following vote: AYES: Councilmen: Aston, Benson, Brush, Clark and McPherson NOES: Councilmen: None ORDINANCE NO. 7 - AN ORDINANCE OF THE CITY OF PALM DESERT IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATION. Councilman Aston moved that further reading be waived and that ORDINANCE NO. 7 be adopted. Motion seconded by Councilman McPherson and carried by the following vote: AYES: Councilmen: Aston, Benson, Brush, Clark and r•!cPherson NDES: Councilmen: None 3 11/26/73 ORDINANCE NO. 8 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, TRANSFERRING THE DUTIES OF THE ASSESSOR AND THE TAX COLLECTOR TO THE ASSESSOR AND THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE. _„�-=_i-:an Brush moved that further reading be waived and 7:_a ^ ORDINANCE NO. 8 be adopted. Motion seconded by Coup: -==an Aston and carried by the following vote: ASS: Councilmen: Aston, Benson, Brush, Clark and McPherson NOES: Councilmen: None ORDINANCE NO. 9 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE OFFICE OF DIRECTOR OF FINANCE AND SETTING FORTH THE POWERS AND DUTIES OF SUCH OFFICE. Councilwoman Benson moved that further reading be waived and that ORDINANCE NO. 9 be adopted. Motion seconded by Councilman Aston and carried by the following vote: AYES: Councilmen: Aston, Benson, Brush, Clark and McPherson NOES: Councilmen: None ORDINANCE NO. 10 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING PRACTICE OF FORTUNE TELLING AND THE DISSEMINATION OF DEVICES USED IN CONNECTION THEREWITH. Councilman Aston moved that further reading be waived and that ORDINANCE NO. 10 be adopted. Motion seconded by Councilwoman Benson and carried by the following vote: AYES: Councilmen: Aston, Benson, Brush, Clark and McPherson NOES: Councilmen: None ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING REAL PROPERTY DOCUMENTARY TRANSFER TAX. Councilman Brush moved that further reading be waived and that ORDINANCE NO. 11 be adopted. Motion seconded by Councilman McPherson and carried by the following vote: AYES: Councilmen: Aston, Benson, Brush, Clark and McPherson NOES: Councilmen: None RESOLUTIONS RESOLUTION NO. 73-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, COMMENDING THE EFFORTS OF THE COMMITTEE FOR INCORPORATION OF PALM DESERT. Moved by Councilman Aston, seconded by Councilman Brush and unanimously carried that further reading be waived and RESOLUTION NO. 73-5 be adopted. A 11/26/73 ba atl a>0 a> iiP' a:f.i t1J:J 0 a) a n '0 En Cr) :1 v1 (n (L tti 0 H• 1d f.L rt 'a rt W f'l 1 1i 1 t () (n C V 0 0 0 c ; ;3 ;b p ►-7 ;t1 it CI) H ;� H 5d G)1 ;5' O H hi t�i O n H O n H ;� C ;I r7 () Cn r:1 ;� ICI '•' 0 0 o 11 'Al 1J N O l hJ ,~_,' t'1 (n 0 >1 x tli t*1 (A O Pr] x _�i (n a O �] O :i: M (n a O 2TJ O x h1 C3 a O [11 0 ►-] :I -II t'J (n il' U �J �V U 1: t*1 t(:� C C7 'Ti t;7 cn O a C H lei H trJ UI a O C Eli cn O d C O tTJ cn O T C C tTJ UI H i C (n c L=J VI c� ;i c: W (n O H. 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(Ho�O►droHO CD O �C H a k 0 1-3 0 '-3 1-3 11u ;•C H H 1-4 a H 1C D O H 11 H ►C aiK 'd H ►C • 0.7 a zn•.v►C K H:, H'Nz I-'•n >Z ►C F'• o z n CH �•n dxH D n z n tiHn �. o (nHn 0 ,dHn n 'dHHn a r• ti1Cn o (ntj:vn a 1•4• G)0 LC o HO W 0 ii) Al I' • tq o xH0 1-0 C HNC N• nz bnx0 �•N 0 xt=iza1-4 H•N 0 �r nHo aN 0 o RNOO to 7C a G D n • q 0 D J-+• t'i n C '�'0Z Gz GZH�ro(H;TJHnH D n LTn nCD a s + O n ztiH t',N HriH:11 0 w finH 1--1t'• ZHH Hxt+ I-,n:4ti1-3H W0 Imo•N nxOHxtH \ a W CA H t- c$ Z 0 ti t7' 14 t'+ a 1C t;J a s x Di a X 0 Cri a 0 H Z M 11 0 K 's x a 0 (n iy D •' • 0 1-+• a 0 N• O H 0 0 m tTJ 0 Imo• a H H 0 to D+ Z O_ N• H 0 O C 0 hi • C Eli hiA+ rt 1� C ►C 1C M 0' ;i D tb 0 ►y a'� Cu p+ �� 00 w 51 RESOLUTION NO. 73-13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAL l DESERT DIRECTING THE CITY CLERK TO _T THE STAT:.:i=:: i Or BOUNDARY CREATION. ed by Councilwoman Benson, seconded by Councilman Mc= -= sz:n_nd unanimously carried that further reading be: waived and RESOLUTION NO. 73-12 be adopted. _=.:2L:2ION NO. 73-14 RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS -:;TEN-ION TO FURTHER STUDY CERTAIN ZONING AND GENERAL WITHIN THE CITY, TO RESTRICT FURTHER DEVELOPMENT _TIL SUCH STUDIES ARE ACCOMPLISHED AND TO INSTITUTE CHANGES IF ANY, AS SOON AS POSSIBLE. Moved by Councilman Aston, seconded by Councilman Brush and unanimously carried that further reading be waived and PESOLUTION NO. 73-14 be adopted. RESOLUTION NO. 73-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING TIME AND PLACE FOR REGULAR MEETINGS OF THE PLANNING COMMISSION OF SAID CITY. Moved by Councilman Brush, seconded by Councilwoman Benson and unanimously carried that further reading be waived and RESOLUTION NO. 73-15 be adopted. RESOLUTION NO. 73-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A SPECIAL GAS TAX STREET IMPROVEMENT FUND. Moved by Councilman Aston, seconded by Councilman McPherson and unanimously carried that further reading be waived and RESOLUTION NO. 73-16 be adopted. RESOLUTION NO. 73-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPOINTING THE CITY TREASURER. Moved by Councilman Brush, seconded by Councilman McPherson and unanimously carried that further reading be waived and RESOLUTION NO. 73-17 be adopted. The City Treasurer, MR. ANTHONY KANE, was introduced. Councilwoman Benson thanked the Palm Desert Woman's Club and the Palm Desert Junior Woman's Club for providing the refreshments. Councilwoman Benson moved, seconded by Councilman Brush that the meeting be adjourned until 7:30 P.M., Monday, November 26, 1973 in the Palm Desert Com- munity Church Social Hall. Motion carried and meeting adjourned at 2:55 P.M. 6 11/26/73 ;3 The meeting of the Palm Desert City Council reconvened at 7:30 P.M. on November 26, 1973 at the Palm Desert Com- __,unity Church Social Hall. Councilman CHUCK ASTON, Councilwoman JEAN. BENSON, Councilman NOEI. BRUSH, Councilman • JA-1RS McPHERSON, and MAYOP. HENRY CLAPJ< . SENT: None RESOLUTION NO. 73-13 RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT, CALIFORNIA, APPOINTING THE PLANNING DIRECTOR OF THE COUNTY OF RIVERSIDE AS THE PLANNING DIRECTOR FOR SAID CITY OF PALM DESERT. Moved by Councilman McPherson, seconded by Councilman Aston and unanimously carried that further reading be waived and RESOLUTION NO. 73-18 be adopted. ORDINANCE NO. 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT RESTRICTING DEVELOPMENT AND AMENDMENT TO COUNTY ORDINANCES WITH REGARD TO ISSUANCE OF PERMITS AND USES PERMITTED. After reading in full, moved by Councilman Aston, seconded by Councilman Brush that ORDINANCE NO. 12 be adopted. ORDINANCE NO. 13 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A GENERAL PLAN FOR SAID CITY. No action taken. ORDINANCE NO. 13 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A ZONING MAP FOR SAID CITY. No action taken. CORRESPONDENCE Mayor Clark read a Resolution of the City Council of the City of Indian Wells extending its congratulations to the new City of Palm Desert. NEW BUSINESS Councilman McPherson moved, seconded by Councilwoman Benson that the amount of $5,000 be authorized for expendi- ture of funds for office materials, supplies and equipment. Motion was carried unanimously. Moved by Councilman McPherson, seconded by Councilman Aston and carried unanimously that the lease between the Bekins Property Management Co. and the City of Palm Desert for their building at the southwest corner of Highway 74 and El Paseo on a month to month basis for the sum of one dollar ($1.00) be approved and that the Mayor be appointed to execute same on behalf of the City. 7 11/26/73 Councilman McPherson moved, seconded by Councilman Brush unanir ously carried that the City Manager be authorized to r.-= g o =-ate funds for interim financing until new funds come in f =he County. The County will continue to provide the ma = _ortion of services until June 30, 1974. ' • by Councilman McPherson, seconded by Councilman As=c - =na unanimously carried that the liability insurance coverace b_- Pacific Indemnity Company be accepted. The City Man a e ▪ was directed to instigate further negotiations Pros_ Councilman Aston, Councilwoman Benson, Councilman Brush, Councilman McPherson and Mayor Clark gave short remarks pledging their cooperation for the best of the City. Councilwoman Benson expressed regret that there would not be a building moratorium at this time. Mr. Bob Fitch, Riverside County Administrator, was introduced. He reiterated that the County will provide services through the fiscal year and will cooperate in any way. Mr. Gerald Dupree, Planning Commission for Riverside County at Indio, offered assistance of his office in planning and zoning for balance of the fiscal year. Mr. Robin Barrett offered his services in any way. Mayor Clark thanked all present for voting for incorpora- tion. A short question and answer period ensued, with members of the audience. City Manager Asmus suggested office hours of the City Hall as from 9:00 A.M. to 5:00 P.M. City Council was in agreement. Councilman Aston moved, Councilwoman Benson seconded, carried unanimously that meeting be adjourned. Meeting adjourned at 8:20 P.M. 3 • 12// c Mary -Paintkr - Deputy City Clerk 11/26/73