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HomeMy WebLinkAbout1974-11-14CITY COUNCIL MEETING NOVEMBER 14, 1974 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order by Mayor Clark at 7:03 P.M. on November 14, 1974 at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON; Mayor HENRY CLARK Absent: None Others Present: Harvey L. Hurlburt - City Manager Dave Erwin - City Attorney Paul Williams - Dir. of Environmental Services V. AWARDS & PRESENTATIONS A. Appointment on Citizens Advisory Committee to replace Janis Dale who recently resigned Mayor Clark expressed regret at the resignation of Janis Dale due to personal reasons, and said this vacancy would be taken up in Executive Session. B. Extension of term to January 3, 1975 for members of Architectural Review Board (Comments by Councilman Aston) Councilman Aston said the present two Planning Commission members have only been exposed to 4 meetings during the 2 months they have served on the ARB and he recommended that their appointment be extended to January 3, 1975. S. Roy Wilson wishes to be released, and the Commission recommended William Seidler to complete the present term. Councilman Aston moved that the term of Ed Mullins be extended to January 3, 1975, and that William Seidler replace Roy Wilson to serve until the 3rd day of March 1975. Motion seconded by Councilman McPherson and carried unanimously. VI. APPROVAL OF MINUTES A. Minutes of the Regular City Council meeting of October 24, 1974 were approved as submitted. VI. CONSENT CALENDAR A. Letter from The Garden Club of the Desert dtd 10/19/74 re City flower Action: Referred to Council "City Flower Committee" for review B. Letter from City of Indian Wells dtd 10/10/74 re Preliminary Land Use Element of the Palm Desert General Plan Action: Received and referred to planning consultants C. Letters from Wilber T. Cox and Kimberly W. Mason dtd 10/10/74 re Home Buyer Protection Ordinance Action: Received and filed and writers to be advised of status of such ordinance D. Letter from County Clerk dtd 10/15/74 re Notice of Intention to circulate petition seeking incorporation of City of La Quinta Action: Received and filed E. Letter from Alex Kindig dtd 10/31/74 Action: Received and filed F. Tentative Tract 6259 - C. G. Dunham - Consideration of tentative tract for 12-lot subdivision covering 3.22 acres located along the north side of Grapevine and the east side of Burroweed Lane R-2-8000 Action: Set for Public Hearing on 11/27/74 G. Letter from Sanford E. Eades dtd 11/4/74 re road repair Action: Request denied and staff instructed to notify Mr. Eades that private drives are not the responsibility of the City H. Request for City position on California Highway Com- mission planning program Action: Referred to Planning Commission for review and report to the City Council Councilman Aston moved, Councilwoman Benson seconded that the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARINGS A. Tract 6229 - MARRAKESH BUILDING & COUNTRY CLUB - Request for approval of a tentative map for the final phase of the Marrakesh Country Club containing 100 units on approximately 27 acres located west of Portola, south of Grapevine and north of Haystack. Zone R-1-10,000 The Mayor opened the hearing. 2 Mr. Williams said the Planning Commission recommended approval subject to 14 conditions. He said the conditions had been resolved with the applicant who is in agreement. He further recommended Council approval by RESOLUTION NO. 74-101. There were no proponents nor opponents. Mayor closed the hearing. Councilman McPherson moved, Councilman Brush seconded that this project be approved by RESOLUTION NO. 74-101. Motion carried unanimously. B. ICAP Amendment 02-74 - H. A. McCORMICK - Request to amend the Palm Desert Interim Core Area Plan by deleting the pedestrian walkway shown on the plan which connects El Paseo with the interior block parking area located north of the intersection of El Paseo and Prickly Pear Lane The Mayor opened the hearing. Mr. Williams said the Planning Commission felt that this walkway should only be required if the applicant feels he could incorporate it into the design of his building and recommended deletion of the walkway. In view of the fact that there is another walkway 12 stores east of the subject location and also a little farther easterly where the City National Bank will be built, staff recommended Council approval by Resolution No. 74-102. Mr. H. A. McCormick, applicant, said the building was rented to two people and would have good access from the parking area to both stores. There were no proponents nor opponents. The Mayor asked about parking provisions. Mr. Williams said this would have to be resolved with Mr. McCormick and develop a procedure whereby a fee could be paid for the excess parking, however, he stated this amendment does not pertain to parking. The Mayor closed the hearing. Councilman Brush moved that this amendment be approved by RESOLUTION NO. 74-102. Motion seconded by Councilman McPherson and carried unanimously. C. P.P. 1030 - STOTTER & CAPLOW - Consideration of appeal of Planning Commission denial of K-Mart and other retail stores, south side of Highway 111 at El Paseo Mr. Hurlburt said this was the fifth in a series of requests for extension of the hearing. Applicant had re- quested extension to 12/12/74, and staff recommended approval. Councilwoman Benson asked how many times a continuance could be granted. Attorney Erwin said there was no limit. Councilman Brush moved, Councilman Aston seconded that P.P. 1030 be continued to December 12, 1974. Motion carried unanimously. IX. ORDINANCES For Adoption: A. ORDINANCE NO. 57 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING PENALTIES FOR ORDINANCE VIOLATIONS Councilman Aston moved, Councilman Brush seconded that further reading be waived and that ORDINANCE NO. 57 be adopted. Motion carried unanimously. For Introduction: A. ORDINANCE NO. 60 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, PERTAINING TO TAXING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF PALM DESERT, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE AND PROVIDING FOR VIOLATION THEREOF Mr. Hurlburt said the City Council instructed staff to prepare a business license ordinance and to work with the Chamber of Commerce on this matter. The Chamber appointed a committee to work with the City and they have been meeting for the past two months. He complimented the committee for their fine work. The following changes or additions were recommended: Page 17 under Child Care Centers - change 3 or more children to 7 or more children Page 18 after Hospitals, rest homes and sanitariums - add 7 or more patients) Page 27 (B) Rate: (1) change $50 to $75 (2) change 75 to 100 Page 19 At bottom of page, add "Option: Professional establishments and those businesses in Category III have the option under this Ordinance of using Category I Tax schedule, if they wish." Mr. Hurlburt said he recommended passage this evening if Council had all their questions answered but it could be held over for another two weeks if Council desired. He said on th basis of the known businesses in the community the esti- mated revenue would be $50,000 to $60,000. Mr. Lyman Martin, 83-218 Fiddleneck, Palm Desert, thought that before the ordinance was adopted, the business people should be asked personally as to their opinion. He said this ordinance was made up from several other cities and he inquired about a flat $25.00 fee for everyone. He also thought some of this money should go back into the business community. Mr. Robert Hird, District Manager, Southern California Gas Company, 211 Sunrise, Palm Springs, said his company would be paying over $8,000 in franchise fees and that when an addi- tional business tax is imposed on top of that, it represents double taxation. The amount is not that great but the issue is double taxation. The gross revenue in the city is approxi- mately $50,000a month and their business license fee would be between $200 and $300, not a great amount but if each city were to do this it would be an extreme multiple. He said only five other cities in Riverside County imposed a business license tax on their company. and the total amount they pay in the entire county is $349. Mr. Kermit Martin, Area Manager, Southern California Edison Company, also opposed his company being taxed on gross revenue. They now pay franchise fees to the city and they feel as Mr. Hird from the Gas Company, that they should be excluded. His company will submit a formal letter to the City requesting exclusion from the business license fee. 4 Mr. Al Stutz, 72-845 Highway 111, Chairman of the Chamber of Commerce Committee, said they worked with the staff in formulating the ordinance, that the Committee did their best and spent many working hours and had tried to be as equitable as possible to everyone, and complimented the work of the City staff. Mayor Clark added his compliments to the businessmen of the community in the time they spent in developing the ordinance. Councilman Brush moved that further reading be waived and that ORDINANCE NO. fy0 be passed to second reading, with the changes recommended by staff. Motion seconded by Councilman Aston and carried unanimously. B. ORDINANCE NO. 58 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REGULATING TAXICABS AND RENT CARS Councilman McPherson moved, Councilwoman Benson seconded that further reading be waived and that ORDINANCE NO. 58 be passed to second reading. Motion carried unanimously. C. ORDINANCE NO. 62 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING THE PROCEDURE FOR THE ISSUANCE OF A NON-EXCLUSIVE LICENSE TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE Mr. Hurlburt said the ordinance established a 2% gross revenue fee payable to the City annually. The term of the license is written to extend to August 30, 1990. He said a rate structure would be submitted for Council adoption at the next regular meeting. The franchise ordinance and the' subject of percentage payment to the City will come up again March 31, 1977. Mr. Joe Benes, Manager of the CV Television, said they will work with staff and continue to provide the kind of service that will serve their customers best. Councilman McPherson moved, Councilwoman Benson seconded that further reading be waived and that ORDINANCE NO. 62 be passed to second reading. Motion carried unanimously. D. ORDINANCE NO. 59 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, COMBINING THE OFFICES OF CITY TREASURER AND FINANCE DIRECTOR Mr. Hurlburt said that since the introduction of this ordinance three weeks ago, he had taken an action by authori- zation given to him by ordinance. He has designated the Director of Management Services as the Finance Director. Mr. Hurlburt's name has been deleted in the present ordinance. If Council wishes to proceed, the ordinance will have to come up for first reading again. He also said the term "Finance Committee: -has been changed to "Investment Committee". Mayor Clark asked what the advantage was in combining the two offices. Councilman McPherson said it was his belief that the City has a professional who is capable of making investments. Councilman McPherson moved that further reading be waived and that ORDINANCE NO. 59 be passed to second reading. Motion seconded by Councilwoman Benson and passed by the following vote: 5 AYES: Aston; Benson; Brush; McPherson NOES: Clark Councilman Brush commented that now that the ordinance has been passed, he was a friend of Anthony Kane, thought he had done a good job, and that it was a matter of personality conflict. Anthony Kane said he was appointed Treasurer when the City was born. He said it had not been easy for him to discover what the balance is, how much money is in the bank, what amount is available for investment and that up until this date it has been very rare, after many requests, that he gets a balance of the cash flow. He had to call the bank to find the balances. He said that by scrounging around the office he would find out. Then he would sit down in the Mayor's office and discuss what monies were lying around. He said City funds are very limited areas where they can be placed by State law. One is Certificate of Deposits and the other is Treasury Bills. As the City grows the problem of finance and where to get money will become complex. He said he did not think the City would tolerate a young man who is going to be the City Treasurer who had no experience in investing. Mr. Kane said he, himself, had been in business for many years and made many investments. He said he was concerned about the safety of the City money, that it should not go back into any banks other than the ten largest banks of America. X. RESOLUTIONS A. RESOLUTION NO. 74-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST CITY TREASURY Councilman McPherson moved, Councilman Aston seconded that further reading be waived and that RESOLUTION NO. 74-98 be adopted. Motion carried unanimously. XI. CONTINUING BUSINESS A. Request for authorization to call for bids for general overlay program for the City Mr. Williams said he had taken the list approved by the Council at the last meeting and the bid is scheduled for 4:00 P.M. on December 12. Councilman Aston moved, Councilman Brush seconded that request be approved and that staff be authorized to proceed to call for bids. Meeting recessed at 8:45 P.M. Meeting resumed at 8:56 P.M. XII. CONSENT ITEMS HELD OVER - None XIII. NEW BUSINESS A. Letter from Citizens Rights Committee requesting opportunity to appear before City Council on the matter of Edison electric utility rates There was considerable discussion on the feasibility of the City creating their own municipality. The Citizens Rights Committee was requesting advice and assurance that the City was agreeable to such a study. It was finally decided to leave the matter to the Citizens Advisory Committee to appoint a subcommittee for further study. 6 Councilman Brush moved, Councilwoman Benson seconded that this matter be referred to the Citizens Advisory Committee to consider if further study is feasible. Motion carried unanimously. B. Request to establish a payroll revolving account of $10,000 with the Bank of America Councilman Aston moved that the request be approved by RESOLUTION NO. 74-103 and that the City Manager be autho- rized to establish a revolving payroll account with the Bank of America. Motion seconded by Councilman Brush and carried unanimously. C. Request for Council authorization of sick leave pay for Building Official Jim Hill Councilman Brush moved, Councilman McPherson seconded to approve conversion of 11 days accumulated overtime to sick time leave and authorize use of accumulated sick leave and vacation, if necessary. Motion carried unanimously. D. Request approval of $4,960 transfer from Unappropriated Contingency Reserve to: Acct #0202 - City Manager Regular Salaries To provide for City Manager salary increase to $26,500 per year Acct #0815 - Rent To provide for a security deposit of $85 and rent of $720 for office space in Suite 4 Acct #1094 - Planning & Adm.-Furniture To provide for a desk for the newly created C.E.T.A. position of Code Enforcement Officer II Acct #0894 - General Govt Buildings - Furniture To provide for a storage cabinet for Xerox supplies, paper, etc. to be placed in the same room as the Xerox machine Acct #0794 - Licenses & Permits - Furniture To provide for a credenza for the placement of Business License and Transient Occupancy Tax records and files Acct #0194 - City Council - Furniture To provide for purchase of a desk, credenza, desk chair and three side chairs for the City Council office $1,790 805 450 140 215 1,440 Acct #0214 - Publications & Dues 120 To provide for National Recreation & Park Association membership dues and publications TOTAL $4,960 Councilwoman Benson commented that in the future she thought the amount left in the contingency fund should be shown. Councilman Aston moved, Councilman Brush seconded that transfers to the above accounts be approved. Motion carried unanimously. 7 E. %quest for authorization to proceed with stage 2 of the engineering records system program Mr. Hurlburt said the back-up material has not arrived and requested this be taken off the agenda until the next meeting. F. Consideration of request to go to Informal Bidding for Resolution of Drainage Problem on Abronia Trail and El Camino Trail Mr. Williams said this would amount to $1,400. Councilman Aston moved, Councilman Brush seconded that the City Manager be directed to go to informal bid on this project. Motion carried unanimously. G. Consideration and approval of a 3-year Federal Aid Urban Project Program for the Palm Springs -Palm Desert Urban Area Councilman McPherson moved, Councilman Aston seconded that this program be approved and that the City Manager be directed to notify the County Road Commissioner of this action. Motion carried unanimously. H. Request for authorization to negotiate a contract for legal advertising Mr. Hurlburt said the staff had been studying this matter with the City Attorney to come to some conclusion as to which newspaper met the legal requirements. According to the City Attorney, the only one meeting these requirements is the Palm Desert Post. Since the Post carries a Palm Desert name and since its publication falls within a date which meets our needs for schedules for both the City Council and Planning Commission, Mr. Hurlburt recommended that negotiation be made with that paper. Councilman McPherson moved, Councilman Brush seconded that the City Manager be authorized to negotiate a contract for legal advertising with the Palm Desert Post. Motion carried unanimously. XIV. ORAL COMMUNICATIONS Mr. Lyman Martin asked if there were a safe in the City Hall for monies taken in during the day and he was informed that there was. He also asked if employees were bonded and was informed that they were. He further inquired about an anti -hitchhiking ordinance. XV. REPORTS & REMARKS 1. City Manager Mr. Hurlburt said a Special Study Session had been conducted with Wilsey & Ham on November 11 concerning contract for Improvement District No. 1. He read a memo of suggested comments re such approval. He requested authorization to negotiate a contract with Wilsey & Ham. Councilman Aston moved, Councilwoman Benson seconded that the City Manager be authorized to negotiate a contract with Wilsey & Ham for Improvement District No. 1. Motion carried unanimously. 8 Mr. Hurlburt suggested a Special Study Session on Thursday, November 21, 1974 at 4:30 in the City Hall Conference Room. This was agreed to. Mr. Hurlburt reported a very successful meeting with the Chancellor of the University of California at Riverside on the subject of planning. They desire to take City officials on a tour of the Deep Canyon Research Center and a Saturday morning in the near future was agreed upon. Mr. Hurlburt also called attention that the next regularly scheduled City. Council falls on Thanksgiving. It was decided to hold the next meeting the following Thursday, December 5. XVI. ADJOURNMENT Meeting adjourned at 10:22 to Thursday, December 5, 1974. 4TTEST: HENRY �y�1 CLARK, Mary Painte1 - Deputy City C'erk 9