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HomeMy WebLinkAbout1975-02-13CITY COUNCIL MEETING FEBRUARY 13, 1975 PALM DESERT MIDDLE SCHOOL I. CALL TO ORDER The regular meeting of the Palm Desert City Council was called to order at 7:02 P.M. on February 13, 1975, by Mayor Henry Clark at the Palm Desert Middle School. PLEDGE INVOCATION ROLL CALL Present: Absent: Councilman CHUCK ASTON; Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Councilman JIM McPHERSON: Mayor HENRY B. CLARK None Others Present: City Manager - Harvey L. Hurlburt City Attorney - Dave Erwin Dir. of Environmental Services - Paul A. Williams V. APPROVAL OF MINUTES A. Minutes of the City Council meeting 1975 were approved as submitted. B. Minutes of the City Council meeting 1975 were approved as submitted. C. Minutes of the City Council meeting 1975 were approved as submitted. VI. AWARDS, PRESENTATIONS & APPOINTMENTS of January 9, of January 20, of January 23, A. Project Area Committee appointments Councilman Brush moved that the Council authorize the addition of a representative from the El Paseo Merchants Association to the Core Area Priority Committee. Motion seconded by Councilman Aston and carried unanimously. Mr. Hurlburt suggested that before the appointment of the Project Area Committee, an Executive Session should be held. He said that under the Redevelopment Agency laws it is necessary to now establish this Committee. The members are composed of property owners, businessmen, occupants of business dwellings, motels, hotels, etc. in the area of the Redevelopment District. He recommended 15 persons from a broad base within the area. This Committee would function up to 3 years. It is primarily a consulting and advisory group to the Redevelopment Agency. The first meeting is scheduled for the 3rd of March. He said it is not essential to make the appointments tonight but that it is essential that the appointments be made no later than the February 27th meeting. Councilman Brush said the make-up of this Committee should be much the same as the Priority Committee - the Chamber of Commerce, El Paseo Merchants, Palm Desert Property Owners Association, Citizens Advisory Committee, etc., and including property owner citizens in the area. He thought it should be composed of 20 members. Councilman Brush moved that a Redevelopment Agency Project Area Committee with a maximum of 20 members be established no later than February 27. Motion seconded by Councilwoman Benson. After some discussion, Councilman Brush amended his motion to include that organizations within the area be requested to submit a list of 3 members of their organiza- tions for possible membership on the Committee, from which one would be accepted. Motion carried unanimously. Mayor Clark said that staff would list the eligible organizations and contact them for their nominations. VII. CONSENT CALENDAR A. Notice of Prehearing Conference of Southern California Gas Co. before the PUC for a general increase in gas rates Action: Received and filed B. Consideration of notice of completion and payment to Matich Corporation for street overlay work done under contract totaling $49,548.69 Action: Approved and payment authorized ACTION: Councilman McPherson moved, Councilman Brush seconded that the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARING A. Consideration of the extension of the Restriction on Development to June 12, 1975 The Mayor opened the hearing. Mr. Hurlburt said Ordinance No. 49 had been adopted on September 12, 1974, which was an extension of a previous ordinance establishing a holding action on development within the residential development. At that time the hold on the commercial area was removed. This holding action terminates today, February 13, therefore, there are two possible actions the Council can take. One, take no action and allow entire development restriction to expire, or, approve proposed Ordinance 69 which would continue restriction until 30 days after the second reading of the ordinance approving the Zoning Code. It is not known at this time when the Zoning Code will be adopted. Until that time it would not be wise to take this holding action off. Therefore, Staff recommends continuation until 30 days after the second reading of the Zoning Ordinance Code. Attorney Erwin explained if this were not passed it would revert back to the Cove Communities plan. There were no proponents nor opponents. The Mayor closed the hearing. Councilman Brush moved that Ordinance No. 69 be adopted as an Urgency Ordinance extending the restrictions on development until 30 days after the second reading of the ordinance adopting, the Zoning Code. Motion seconded by Councilman McPherson and carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 75-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, URGING FEDERAL ASSISTANCE RE SALINITY LEVEL OF SALTON SEA Mr. Hurlburt said at the last meeting of the CVAG Board of Directors, they adopted a resolution similar to the one proposed, which would encourage the Federal Government to finance the improvement of the salinity level of the Salton Sea. The Board encouraged all cities to adopt a similar resolution. Councilwoman Benson questioned the advisability of including Section 3, "Support the concept of a local tax district within the environs of the Salton Sea to assist with the funding of the project." She was concerned that this could affect the City at a later time. Mr. Hurlburt said this involved only the area immediately surrounding the Salton Sea; that it involved no CVAG cities.•Mayor Clark explained the purpose of this action encouraged the Bureau of Land Management to see if the Salton Sea is worth maintaining. Councilman McPherson was also hesitant about the inclusion of Section 3 in the resolution. Councilwoman Benson moved that further reading be waived and that Resolution No. 75-5 be adopted, deleting Section 3. Motion seconded by Councilman McPherson and carried unanimously. B. RESOLUTION NO. 75-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST TREASURY Mr. Hurlburt said the demand list totaled $212,696.92, pointing out that $100,000 was for the purchase of a Certifi- cate of Deposit as part of the investment program for surplus monies; approximately $56,000 was for the County Sheriffs' services; and $20,000 for the County Road Department. Councilman Aston moved, Councilman Brush seconded that further reading be waived and that Resolution No. 75-10 be adopted. Motion carried unanimously. C. RESOLUTION NO. 75-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ADOPTING THE CITY SEAL Councilman Brush moved, Councilman Aston seconded that further reading be waived and that Resolution No. 75-11 be adopted. Motion carried unanimously. X. ORDINANCES A. For Adoption: ORDINANCE NO. 66 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, WAIVING LATE PENALTY PAYMENT FOR UTILITY COMPANIES, MOBILE HOME PARKS AND COIN OPERATED MACHINES FOR AN INDEFINITE PERIOD OF TIME (URGENCY ORDINANCE) 3 Mr. Hurlburt explained that an adjustment should be made for the utility companies, mobile home parks and coin operated machines and this will be on the next study session. February 15 is the deadline for payment of business license fees without a penalty, and these businesses are holding up until the study is finished, therefore, Staff is recommending that this urgency ordinance be adopted. Attorney Erwin read the ordinance in its entirety. Councilman Brush moved, Councilman Aston seconded that Ordinance No. 66 be adopted as an urgency ordinance. Motion carried unanimously. XI. CONTINUING BUSINESS A. Consideration of the Planning Commission's study and report on 6 changes of the General Plan referred back to the Commission by the City Council Mr. Williams explained the background. There was discussion on Change #1 relating to "A regional and community complex to a sub -regional and community shopping complex." Councilman Brush moved that further reading be waived and that Resolution No. 75-12 be adopted by granting final approval with the recommended revisions of the Planning Commission. Motion seconded by Councilman Aston and carried by the following vote: AYES: Aston; Brush; McPherson; Clark NOES: Benson XII. CONSENT ITEMS HELD OVER - None XIII.NEW BUSINESS A Awarding the Contract for the Signal Installation at 44th & Portola and El Paseo & Portola Mr. Hurlburt pointed out that in a study session there was some discussion about this being held over until after the mid -year budget revf.ew next Thursday, however, these bids are only good for 30 days and the time will expire one day before the next Council meeting at which time the bidders could pull out from their bid. Mr. Williams said the bids were opened on January 27. Smith Electric Co. was the lowest bidder in the amount of $74,189, which is substantially below the budgeted bid of $80,000. Staff recommended this bid be accepted. Councilman Aston moved, Councilman McPherson seconded that the low bid of $74,189 from the Smith Electric Co. be accepted and that the Mayor be authorized to sign the agreement. Motion carried unanimously. XIV. ORAL COMMUNICATIONS - None XV. REPORTS & REMARKS A. City Manager Mr. Hurlburt said Mr. Cliff Henderson had written a letter asking for additional information from the City in regard to health insurance pglicies for the employees. In accordance with instructions from the Council, he was bringing the matter to their attention for instruction as to how to reply. 4 Mayor Clark said this information is contained in the budget. Councilwoman Benson said a reply letter should be written. Council directed staff to reply to Mr. Henderson's letter. Mr. Hurlburt said a management audit had been conducted regarding personnel needs in the Finance Department. As a result, the auditing firm came back with recommendations and modifications to reduce the workload, that the City can perform the tasks with the present staff, however, that 2 who are temporary part-time employees would have to be converted to full-time employees. This would require action of the Council to establish a position in the Management Services Department of a Secretary, Range 45, salary $660 to $801, and a Senior Account Clerk, Range 46, salary $676 to $821. In addition, he asked for establishment of a part-time position of a Minute Clerk who would attend the night meetings, take the minutes, prepare the draft of the minutes and turn it over to the secretaries to follow through on. This work is now being done by the secretaries who are getting paid overtime. A Minute Clerk would take minutes of Council, Commission and Committee meetings. He recommended a salary range of $5.00 per hour be established. He further requested that the above 3 employees be added to the Tables of Organization. Councilman Aston moved that the City Manager be authorized to change the two classifications to regular employees and the part-time employee as per his request. Councilwoman Benson seconded the motion which was carried unanimously. B. City Attorney Attorney Erwin said the City was named as a defendant in a law suit filed sometime ago and recently served. This is by the City of Desert Hot Springs against the County of Riverside and all other Riverside County cities, disagreeing with the fact that they have had to pay taxes on their City Hall which is on leased land. The law suit has been sent to the County Counsel and that office is undertaking the defense for all of the cities involved. Mr. Hurlburt announced there would be a Special Study Session Thursday, February 20, at 4:00 P.M. C. Mayor & City Council Mayor Clark said there would be an Executive Session following the meeting for the purpose of discussing Project Area Committee appointments, that there would be no appoint- ments made, but that they would adjourn to the Special Study Session next Thursday, February 20, at 4:00 P.M. Councilman Brush asked if there was not a one-year limitation on commencement of construction. Mr. Williams said sometime in February, 1974, such a resolution had been adopted. Meeting was adjourned to Executive Session at 8:22 P.M. for the purpose of discussing Project Area Committee appointments. Meeting resumed at 9:10 P.M. Meeting adjourned at 9:11 P.M. itTICIXY Clerk