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HomeMy WebLinkAbout1975-03-13CITY COUNCIL MEETING MARCH 13, 1975 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 7:07 P.M. on March 13, 1975 at the Palm Desert Middle School. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilwoman JEAN BENSON; Councilman NOEL BRUSH; Mayor HENRY B. CLARK Absent: Councilman CHUCK ASTON; Councilman JIM McPHERSON Others Present: City Manager - Harvey L. Hurlburt City Attorney - Jeffery Patterson, representing Dave Erwin Dir. of Environmental Services - Paul Williams V. APPROVAL OF MINUTES A. Minutes of the City Council meeting of February 27, 1975 were approved as submitted. VI. AWARDS, PRESENTATIONS & APPOINTMENTS A. Citizens Advisory Committee vacancy appointments B. Redevelopment Agency Project Area Committee appointments Mayor Clark said the Council would go into Executive Session to discuss these appointments. VII. CONSENT CALENDAR A. Pacific Telephone & Telegraph Co. Notice of Filing for Increases for Intrastate Telephone Rates before the PUC Action: Received and filed B. Southern California Gas Co. Application for General Increase in Gas Rates before the PUC Action: Received and filed C. Letter from Los Angeles County Supervisor Pete Schabarum requesting support from the Palm Desert City Council to oppose any efforts to adopt legislation which would statutorily create SCAG and mandate city membership Action: Received and staff directed to prepare resolution opposing the transforming of SCAG into a statutory agency with mandatory membership Councilman Brush moved, Councilwoman Benson seconded that the Consent Calendar be approved. Motion carried unanimously. VIII. PUBLIC HEARING A. Case No. ZOA-01-75 - CITY OF PALM DESERT Consideration of an amendment of the Palm Desert Zoning Ordinance, Section 18.30 pertaining to the composition and operation of the Palm Desert Architectural Review Board The Mayor opened the hearing. Mr. Williams reviewed the Planning Commission recommenda- tion on the revision of the Architectural Review Board process and composition, and presented ORDINANCE NO. 72. Recommended changes were as follows: The name of the Board shall be changed to Design Review Board. The Board shall consist of 7 members. One member from the Planning Commission shall be deleted. Five members shall be citizens appointed by the Mayor and approved by the City Council. The 5 citizen members (if available) shall be 2 architects, 1 civil engineer, 1 landscape architect and 1 lay person knowledgeable in the design field. The Director of Environmental Services, or his designated representative, and the Building Official, or his designated representative, shall be non -voting members of the Board. The Director of Environ- mental Services shall appoint a secretary to the Board. Councilman Brush moved that further reading be waived and that ORDINANCE NO. 72, as amended, be passed to second reading. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 75-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ALLOWING CLAIMS AND DEMANDS AGAINST CITY TREASURY Mr. Hurlburt stated that there were two demands, one in the amount of $1,583.87 and the second in the amount of $207,675.81. In the second demand, $200,0011 consists of two $100,000 C.D. purchases, one at City National Bank, and one at United California Bank. Actual expenditures amount to $7,675.81, Councilman Brush moved, Councilwoman Benson seconded that further reading be waived and that RESOLUTION NO. 75-18 be adopted. Motion carried unanimously. B. RESOLUTION NO. 75-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ESTABLISHING POSITIONS EXEMPT FROM THE FAIR LABOR STANDARDS ACT OF 1974 AND ADDING THE POSITION OF CODE ENFORCEMENT OFFICER I Councilwoman Benson moved that further reading be waived and that RESOLUTION NO. 75-19 be adopted. Motion seconded by Councilman Brush and carried unanimously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 70 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING CERTAIN PROVI- SIONS OF ORDINANCE NO. 60 ESTABLISHING A BUSINESS LICENSE PROCEDURE AND FEES Mr. Hurlburt said that three categories had been removed from the Business License Ordinance in terms of waiving penalty fees under due date of the payment in order to give these categories further study Councilwoman Benson moved that further reading be waived and that ORDINANCE NO. 70 be passed to second reading. Motion seconded by Councilman Brush and carried unanimously. B. ORDINANCE NO. 71 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, REQUIRING SEWER SERVICE CONNECTIONS TO FACILITIES IN SAID CITY After some discussion, this Ordinance was tabled and staff was directed to continue further study with the Water District. XI. CONTINUING BUSINESS A. Consideration of a Certificate of Acceptance for the dedication of a private road known as Plaza Way to the City of Palm Desert Councilman Brush moved that the acceptance be approved and the Mayor authorized to sign the acceptance Motion seconded by Councilwoman Benson and carried unanimously. XII. CONSENT ITEMS HELD OVER - None XIII. NEW BUSINESS A. Contract proposal for towing and impounding abandoned motor vehicles in Palm Desert Staff recommended Dickson's Towing Service, which is local. Mr. Dickson will purchase property for a new impound facility which will eliminate the undesirable land use at his present location, at no cost to the City. The contract will be presented at the next Council meeting. Councilman Brush moved that the Council approve the contract with Dickson's Towing Service and authorize the City Manager to execute same, with the stipulation of a provision in the contract whereby they would have to move to the new facility within 12 months. Councilwoman Benson seconded the motion which was carried unanimously. B. Contract proposal for lot cleaning and clearing services Staff recommended Webb Disposal Service as maintaining good equipment, competitive rates, experienced with other municipalities, and past satisfactory services to the City of Palm Desert. The contract will be presented at the next Council meeting. Councilwoman Benson moved that the Council approve the contract with Webb Disposal Service and authorize the City Manager to execute same. Motion carried unanimously. 3 C. Request from Supervisors Clayton A. Record, Jr. and Norton Younglove to support by Proclamation a move to establish March Air Force Base as dedicated cemetery land for a new National Cemetery Councilwoman Benson moved that further reading be waived and that RESOLUTION NO. 75-17 be adopted proclaiming support for a New National Cemetery at March Air Force Base. Motion seconded by Councilman Brush and carried unanimously. D. Agreement between Palm Desert Chamber of Commerce and the City of Palm Desert This agreement provides for a special fund for the remainder of this fiscal year in the amount of $5,000 for use by the Chamber to provide public relations/promotional type services. Monies will be released from the special fund only upon receipt of a project request. When the project is completed a report will be submitted indicating its effectiveness. Councilman Brush moved to approve the agreement and authorize the Mayor to sign. Motion seconded by Councilwoman Benson and carried unanimously. E. Consideration of a Certificate of Acceptance of an additional right-of-way on Portola Avenue from the Palm Desert Venture Limited Councilman Brush moved to approve the Acceptance and authorize the Mayor to execute. Councilwoman Benson seconded the motion which was carried unanimously. F. Consideration of a maintenance agreement with the County Road Department for maintenance of signals and lights at 44th & Portola and El Paseo & Portola Mr. Williams explained this is a standard contract which indicates the City will pay the cost of maintenance on the basis of accurate records kept by the County, and pay the extra cost of personnel and equipment. Councilman Brush moved to approve the agreement and authorize the Mayor to execute. Councilwoman Benson seconded the motion which was carried unanimously. G. Request from San Pablo Merchants to block off the East side of San Pablo from Allesandro to San Gorgonio on Saturday morning, March 15, from 9:30 A.M. to noon Mr. Hurlburt said after the merchants were informed of the cost of closing off the road, they decided against it. Councilman Brush said the merchants have named the area Scenic San Pablo and everyone was welcome to the Saturday morning celebration. H. Verbal request from Annual Golf Cart Parade Committee for City to provide Perpetual Mayor's Trophy Mr. Hurlburt submitted a verbal request for the City to establish a Perpetual Mayor's Trophy for the Annual Golf Cart Parade. Monies in the budget are provided for this type of activity in Account 1533. 4 I. Request for release of budgeted funds for Palm Desert Community Park Councilman Brush moved to authorize the City Manager to release the remaining budgeted funds in the amount of $4,600 for fountain construction. Motion seconded by Councilwoman Benson and carried unanimously. XIV. ORAL COMMUNICATIONS None XV. REPORTS & REMARKS A. City Manager Mr. Hurlburt reminded the Council of the Executive Session. B. City Attorney Mayor Clark asked Mr. Patterson when Dave Erwin would have his legal opinion available relative to the referendum. Mr. Patterson stated Mr. Erwin had indicated he would provide the Council with an interim report on Monday, March 17; that Mr. Erwin preferred not to make any official ruling or statement until it had been certified back to the City from the County. Mr. Hurlburt said the County had promised certification of the -signatures on the referendum by Wednesday, March 19, 1975. C. Mayor & City Council None Meeting was adjourned at 8:48 P.M. for a 5-minute recess before the Council went into Executive Session to discuss vacancies in the Citizens Advisory Committee and the Redevelop- ment Agency Project Area Committee. Meeting reconvened at 9:10 P.M. Attorney Erwin advised the Council that he would have an interim report on Monday, March 17, on the matter of the referendum and would have the final report on Wednesday, March 19. XVI. ADJOURNMENT Meeting adjourned at 9:15 P.M. to a 6:15 P.M. Executive Session, March 19, to receive a report from the City Attorney relative to a referendum and to an open meeting at 7:00 P.M., March 18, for a public presentation of the attorney's opinions and a report from the City Clerk of affirmation of the petition signatures. ATTST : (1/ HEtNRY B ./CLARK , MAYOR Mary Painter -Deputy City Clerk 5