HomeMy WebLinkAbout1975-11-20MINUTES
PALM DESERT CITY COUNCIL
NOVEMBER 20, 1975
CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
Mayor Henry Clark called the meeting to order at 7:00 p.m.
on Thursday, November 20, 1975, in City Hall Council Chambers.
II. PLEDGE
III. INVOCATION
IV. ROLL CALL
Present:
Councilman Aston
Councilwoman Benson
Councilman Brush
Councilman McPherson
Mayor Clark
Also Present:
Harvey L. Hurlburt, City Manager
Dave Erwin, City Attorney
Paul A. Williams, Director of Environmental Services
V. PUBLIC HEARING
A. CONTINUED CASE NO. ZOA-03-75: Consideration of a request
by the Planning Commission that the City Council Adopt
the new Zoning Ordinance for the City of Palm Desert.
Mayor Clark explained that this Public Hearing was
being continued from the meeting of November 13, 1975,
and declared the Public Hearing open.
Mr. Williams stated that at the previous hearing, about
2/3 of the Zoning Ordinance had been explained. As a
result of discussions and investigations made subsequent
to the meeting, two changes were being proposed:
Article No. 25.21-5.02(10), Page 25.21 (9)
Performance Standards: All development within this
zoning district shall comply to the standards as
specified in Section 25.20-7.16 of this Ordinance.
Article No. 25.32-9.03, Page 25.32 (11)
Lighting Standards in All Zones: Every development
occurring in any zone in the City shall be critically
reviewed relative to mitigating any negative impacts
from lighting proposed as a part of development. The
use of lighted tennis courts and the use of lights in
commercial developments will be particularly reviewed.
Mr. Williams indicated that the question raised by Mr.
Dick Kite regarding two lots on Portola had been heard
in a second public hearing by the Planning Commission.
November 20, 1975 Page 1
It was their recommendation that the northerly lot on
Portola be zoned as C-1 and the southerly lot be zoned
R-3. However, this will be included in the Zoning Map
and will be brought for Council review sometime in
December.
Mr. Williams asked if there were any other questions
concerning parts of the ordinance already discussed.
Council had none and there was no response from the
audience.
Mr. Williams continued with explanation of Section
25.32-25.38, Ordinance No. 98, outlining various items
such as requirements for curbs and gutters, underground-
ing, development standards, maintenance, and areas of
minimum unit size.
Councilwoman Benson asked if the 600 ft. minimum
applied to studio and one -bedroom apartments. Mr.
Williams indicated it did.
Mayor Clark questioned the section outlining height
requirements. He asked if there was any section in
the ordinance which clearly defined the grade before
the lot had fill dirt put on it. Mr. Williams responded
that this was a very difficult problem. Some lots have
been graded in the past. It was difficult to maintain
an accurate lits of lots and their established grade.
However, he indicated that a list of this nature had
been started.
Councilwoman Benson asked if regulation of dumping dirt
could not be maintained by requiring people taking out
pool permits to indicate where they would be dumping the
dirt. Mayor Clark stated that the pools are not the
only problem, however.
Mr. Williams indicated that further review and investi-
gation is continuing on this problem and that it will be
brought for Council review the end of January in the
Grading and Subdivision Ordinance.
Mr. Williams proceeded with description of the Special
Standards Section covering service stations and take-out
restaurants. Councilwoman Benson questioned whether or
not service stations would have to have their working
area facing away from the street and Mr. Williams indi-
cated they would.
MR. BILL ELLIOTT, Contractor, Beaumont, addressed Council
questioning the minimum lot size. Mr. Williams pointed
out that existing lots were considered legal size.
Mr. Williams continued with off-street parking and road
requirements in terms of changes indicating that we have
had limitations in the residential zones relative to
trucks, boats, travel trailers, etc. in an attempt to
clean up residential areas. In essence, the ordinance
requires that vehicles of tis type should be screened
from view by a wall or fence 8 ft. in height.
Mr. Williams explained that provisions under Permitted
Temporary Uses such as Christmas Tree Sales, carnivals,
etc. need specific approvals and that Home Occupations
under the Home Occupation Section were being controlled
with more strict regulations. Mayor Clark asked how
the Home Occupation restrictions would affect the Avon
ladies and Tupperware ladies. Mr. Williams stated that
inasmuch as they were not manufacturing these products
in their homes nor were they storing them for any great
length of time, they would not be affected. City Attorney
Dave Erwin stated that it could prevent them from storing
November 20, 1975
Page 2
their products for any length of time, but it should
not affect their operations.
Mayor Clark indicated that Wilsey & Ham had promised an
innovative line of site and questioned whether or not
they had provided it. Paul Williams stated that the
Planning Commission had felt that they and the City
could do a better job on creating one.
With no further questions from Council or the audience,
Mr. Williams proceeded with Article 25.39-25.45,
Ordinance No. 99, Administration. He indicated that
the Design Review Board, process, Powers, Authority and
Responsibility, rules governing the Planning Commission,
Appeals, Conditional Use Permits, Hearings, etc. were
covered under this section.
MRS. MARJORIE EAGAN, 73-465 Grapevine Street, Palm Desert,
addressed Council indicating a discrepancy between
Sections 25.39 (20) and 25.44 (1) wherein the first
required notification of all property owners within 300
feet of the affected area and the second did not. She
felt that provision should be included in both. After
considerable discussion, Council agreed.
MR. ED WRIGHT, Halgar Road, Rancho Mirage, questioned
the proposed requirement of 2-1/2 parking spaces for
condominiums. He did not feel that this was applicable
or necessary. Councilman Aston indicated that having
lived in a condominium for several years with only 1 or
2 spaces provided, he considered the 2-1/2 space require-
ment a must in that adequate off-street parking is not
provided in these developments. Mayor Clark asked if
the same requirements were made of apartment complexes.
Mr. Williams explained that this differed in that
apartments had adequate off-street parking provided.
With no further questions from Council or the audience,
Mayor Clark declared the Public Hearing closed.
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and pass to second reading Ordinance No. 93,
covering Sections 25.1 through 25.6 of the Zoning Ordinance. Motion
carried unanimously.
Councilman Brush moved and Councilwoman Benson seconded to
waive further reading and pass to second reading Ordinance No. 94,
covering Sections 25.7 through 25.14 of the Zoning Ordinance. Motion
carried unanimously.
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and pass to second reading Ordinance No. 95,
covering Sections 25.15 through 25.18 of the Zoning Ordinance. Motion
carried unanimously.
Councilman Brush moved and Councilman McPherson seconded to
waive further reading and pass to second reading Ordinance No. 96,
covering Sections 25.19 through 25.21 of the Zoning Ordinance, with
the addition=to Section 25.21-5.02 the following:
Performance Standards: All development within this zoning
district shall comply to the standards as specified in Section
25.20.7.16 of this Ordinance.
The motion carried unanimously.
Councilman Brush moved and Councilwoman Benson seconded to
waive further reading and pass to second reading Ordinance No. 97,
covering Sections 25.22 through 25.31 of the Zoning Ordinance.
Motion carried unanimously.
November 20, 1975
Page 3
Councilman Brush moved and Councilwoman Beonson seconded
to waive further reading and pass to second reading Ordinance No. 98,
covering Sections 25.32 through 25.38 of the Zoning Ordinance, with
the addition to Section 25.32-9.03 as follows:
Lighting Standards in All Zones: Every development occurring
in any zone in the City shall be critically reviewed relative
to mitigating any negative impacts from lighting proposed as
a part of development. The use of lighted tennis courts and
the use of lights in commercial developments will be particu-
larly reviewed.
Section 25.33-2.06: Change six and one-half fee (6-1/2') to
eight feet (8').
Motion carried unanimously.
Councilman McPherson moved and Councilwoman Benson seconded
to waive further reading and pass to second reading Ordinance No. 99
covering Sections 25.39 through 25.45 with the addition of a provision
"to notify property owners within 300 ft. of an affected area by mail"
in Sections 25.44-2 and 25.44-4. Motion carried unanimously.
B. RESOLUTION NO. 75-117 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING ASSESS-
MENTS ON PROPERTY OWNERS IN SAID CITY FOR THE ABATEMENT
OF NUISANCES.
Mayor Clark declared the hearing open.
Mr. Hurlburt explained that since the preparation of the
the agenda, the property owners of Items 1, 3, 4, and 7
had paid and therefore, these items should be taken off
the list leaving Itesm 2, 5, and 6 for action. He fur-
ther indicated that this was a routine procedure where
tax liens were being placed on properties for lot abate-
ment costs.
With no participation from the audience, Mayor Clark
declared the Public Hearing closed.
Councilman Brush moved to waive further reading and adopt
Resolution No. 75-117 with the deletion of Items 1, 3, 4, and 7
from Exhibit A. Councilman McPherson seconded the motion. motion
carried unanimously.
VI. RESOLUTIONS
A. RESOLUTION NO. 75-118 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CLAIMS
AND DEMANDS AGAINST THE CITY TREASURY.
Mr. Hurlburt outlined the major expenditures in Demand
No. 10-4 and Demand No. 11-1 totaling $34,235.15.
Councilman McPherson moved and Councilman Aston seconded to
waive further reading and adopt Resolution No. 75-118. The motion
carried unanimously.
B. RESOLUTION NO. 75-121 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING 1975-76
BUDGET TO PROVIDE FOR TRANSFERS WITHIN THE STATE 1974
PARK BOND ACT FUND WITHIN THE CAPITAL IMPROVEMENT BUDGET.
Mr. Hurlburt explained that as a result of Council's
approval of an expenditure in the amount of $24,245 for
Construction of an entrance road into the community park
and their subsequent direction to recommend cuts in the
Park budget, he had gone to the Community Park Foundation
and upon their recommendation was suggesting the
November 20, 1975
Page 4
following cuts:
Elimination of Barbeque
& Picnic Equipment
Reduction in Park Light-
ing from $5,000 to $2,000
Reduction in Irrigation
System from $1165 to $985 180
$5,115
The total of $5,115 in reductions will cover the amount
required since $19,130 was the figure budgeted.
Councilman Brush moved and Councilman McPherson seconded
to waive further reading and adopt Resolution No. 75-121. The motion
carried unanimously.
VII. ORDINANCES
$1,935
3,000
For Introduction:
A. ORDINANCE NO 100 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 15,
PALM DESERT ADMINISTRATIVE CONSTRUCTION CODE.
Mr. Hurlburt advised that this ordinance as well as the
next one on the agenda, #101, had been published as a
public hearing and thus a hearing should be conducted.
Mayor Clark declared the public hearing open.
Mr. Hill, Building Official, explained to Council that
this ordinance will incorporate all administration of
construction codes into one chapter. The realization
that various codes served different groups of con-
tractors with different technologies, materials and
methods had prompted the development of one administra-
tive section incorporating the above ideas into one
distinct chapter. He further explained that the pro-
visions are supplemental to existing administrative
regulations and in most areas, they clarify intents and
provisions of same. Included are fees, permit procedures,
plan requirements, alternate materials, right of entry,
responsibilities, etc. Mr. Hill pointed out that two
of our existing construction codes have no administrative
sections, making it necessary for the City to establish
one. Mr. Hill concluded stating that the ordinance will
clarify gray areas that exist and will strengthen the
necessary tools of enforcement.
Mayor Clark stated that he felt this ordinance was a
good step in that it will allow contractors to take
their problems to one source. The Mayor called for
response from the audience, and with none, he declared
the public hearing closed.
Councilman McPherson moved and Councilman Brush seconded to
waive further reading and pass to second reading Ordinance No. 100;
carried unanimously.
B. ORDINANCE NO. 101 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING
CHAPTER 17, PALM DESERT ELECTRICAL CODE.
Mayor Clark declared the public hearing open.
Mr. Jim Hill, Building Official, advised Council that
major concern has been expressed to staff in meetings
November 20, 1975 Page 5
with electrical contractors, the Fire Department and
property owners regarding inadequate, dangerous and
faulty electrical wiring systems and installations
within the City of Palm Desert. Present codes provide
for minimum systems which may be inefficient, inconven-
ient, and inadequate for good service or expansion.
The changes outlined were based upon comments and
suggestions from various sources involved in electrical
systems. Three categories, Additions, Amendments,
and Deletions comprise the updating outlined in this
ordinance. Additions reflect extensions of existing
requirements for clarify and updating. Amendments include
revisions to sections restricting smaller sizes of
aluminum wire, requiring metallic conduit in commercial
buildings and apartment houses, restricting romex or
N.M.C. to single-family dwellings, revising and using
tables for conduit fill that need not be derated for
temperatures. Deletions are used where wire tables
reflect sizing of aluminum and copper -clad aluminum wire,
which by amendment is deleted. Mr. Hill pointed out
that Staff's intent was to meet minimum State require-
ments while retaining flexibility of the National
Electrical Code.
DONALD BOLIS, 73-182 Skyward Way, Palm Desert, addressed
Council indicating that he was an attorney and that he
was involved in several cases where fire damage had been
caused by the use of aluminum wiring. He strongly urged
Council to consider a requirement wherein only copper
wiring would be allowable. He indicated that many areas,
one of which was all of Orange County, had instituted
such a requirement. He pointed out that our area was
particularly applicable in that we have excessive heat
in the summer, air-conditioning systems are run constantly,
and with aluminum being an inferior wiring material, in
his opinion, he felt something should be done about it.
He admitted that copper wiring was more expensive, but
still considerably less than replacing a home. Mr. Hill
pointed out that copper wiring was being required in
anything less than Size #1.
JOHN WHITE, ELECTRICAL CONTRACTOR, Palm Desert, addressed
Council indicating disagreement with the requirement for
use of ground fault interrupters. He stated that he
found they were in most cases useless except on swimming
pool lines. Mr. White also commented on the extra cost
involved in the use of copper wiring of houses. He felt
that it would be $500 more for the average house.
JOHN BATISTA, Electricial, Rancho Mirage, addressed
Council also disagreeing with the requirement for use of
ground fault interrupters.
After considerable discussion, Mayor Clark moved that the
Public Hearing be continued to December 11, with staff directed to
investigate the questions raised and advise Council at Study Session.
Councilman Brush seconded the motion; carried unanimously.
C. ORDINANCE NO. 102 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REGULATING AND
PROHIBITING USES OF SOUND TRUCKS.
Mr. Hurlburt advised that several questions had come up
at Study Session that required further research, and
that this item should be removed from the Agenda.
November 20, 1975
Page 6
D. ORDINANCE NO. 103 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REGULATING SOLICIT-
ING, HAWKING, AND PEDDLING.
Mr. Hurlburt stated that this activity was referred to
in our business license ordinance and that this is a
follow-up to that. There will be two ordinances in this
field, one for peddling and soliciting for commercial
activities that is being discussed at this meeting; and
one for charitable solicitations to be presented at a
future meeting. The present ordinance has been reviewed
by the Chamber of Commerce and has been found acceptable
by them. The ordinance requires solicitors to file
application forms, requires a physical examination to
ensure they are not carrying contagious diseases, requires
a license, and that the individual soliciting wear an
identification card showing he is licensed to solicit. The
ordinance is designed to discourage this type of activity
in the community. It will not prohibit the Avon ladies
or Fuller Brush people, as they are interstate.
Councilman Brush questioned the latter statement in that
he felt it still placed a hardship on these people. Mr.
Hurlburt indicated that it would not.
Councilman McPherson moved and Councilwoman Benson seconded
to waive further reading and pass to second reading Ordinance No. 103;
carried unanimously.
XI. CONSENT ITEMS HELD OVER
None
XII. CONTINUING BUSINESS
None
XIII. NEW BUSINESS
A. Letter from SIDNEY T. WATSON, Pool Contractor, represent-
ing HAROLD L. MADDY, 73-517 Haystack Road, Palm Desert,
requesting a change in requirements for pool location
relative to electric utility lines.
Mr. Hill, Building Official, stated that this problem
resulted in the fact that per requirements of the National
Electrical Code, insufficient distance between the pro-
posed pool and the high voltage transmission lines
existed. Mr. Hill indicated that a minimum of 10' was
required and that approximately 8-1/2' was the distance
between the pole and the pool in this case. He pointed
out that in some cases, these restrictions did prohibit
pool installations in small yards or areas, and in research-
ing the problem, he had found that about 50% of the cities
he contacted enforced this while the rest (without amend-
ment to the code), have chosen to ignore the problem com-
pletely. DAVE ERWIN, City Attorney, has ruled that
Public Utilities Commission regulations have no bearing
on the location of a pool, and, therefore, would not apply.
Mr. Hill further pointed out that for safety purposes,
should Council desire to reduce the minimum distance of
10' horizontal clearance, it should be in the area of
high voltage transmission lines only and not in the area
of overhead service drops across pools to service riser
brackets or clamps.
SIDNEY T. WATSON, pool contractor, addressed Council stat-
ing that according to the PUC, power lines were under
their jurisdiction. He felt that by demanding more set-
back from a public utility line beyond that required
November 20, 1975
Page 7
under the Public Utility General Order 95 had the same
effect as condemnation without compensation and disallow-
ing the property owner full use of his property.
Mayor Clark asked how far back the line would be if this
were allowed. Mr. Hill advised approximately 9' x 9'.
Councilman Br sh expressed concern about the swimming
pool cleaners with the long poles and wondered if they
would not be in danger of the pole hitting the line.
After considerable discussion, Mayor Clark moved and
Councilman Brush seconded that this matter be continued to the meeting
of December 11, 1975, with Staff directed to come in with further review
and report; carried unanimously.
E. Request by TAMMY RAYFIELD for a Waiver of the Requirement
for Curb and Gutter to Permit the Rebuilding of a
Single-family Dwelling Unit Destroyed by Fire and
Located at 73-280 Avenue 44 (R-2).
Due to the hour, Mayor Clark requested that this item
be brought up at this time.
Paul Williams explained that the original unit had been
a modular single-family residence of approximately 750
square feet with an attached single -car garage. The
major difficulty faced by the applicant is the limited
amount of cash provided by the insurance policy. The
existing and proposed zoning ordinances both require
that when an existing structure has been damaged to this
extent, the rebuilt unit must comply with all existing
ordinances and regulations. The curb and gutter construc-
tion would add approximately $650 - $750 to the cost of
the dwelling unit. Mr. Williams indicated that Staff
was recommending that the City Council deny the request
by Resolution 75-120 in that previous decisions of the
Council have repeatedly upheld these requirements and
that the applicant has not demonstrated the substantial
unusual conditions existing to justify the waiver.
Mayor Clark asked how much curb is in on the block now
and Mr. Williams replied none. The Mayor asked how many
vacant lots existed in that area, and there are two.
WILLIAM ELLIOTT, Contractor, addressed Council on behalf
of Mrs. Rayfield, indicating that she was suffering a
hardship with the additional City requirements. Her
insurance did not cover complete restoration, nor in any
way the new requirements imposed. He stated that Mrs.
Rayfield had already agreed to the construction of a
two -car garage and off-street parking. However, the curb
and gutter requirement he felt was necessary. It would
require a 10' setback, which would be the only one on
the block and could create a dangerous traffic situation
in that the road would widen for only a short space. He
stated that Mrs. Rayfield was doing all that she was
financially capable of doing, but if the curb and gutter
remained a requirement, they would be forced to terminate
any work on reconstruction of the home.
Councilman McPherson indicated his agreement that it
seemed ridiculous to require 60' of curb in an area
where no other exists.
Councilman Brush questioned whether or not Council would
be setting a precedence by allowing this waiver and City
Attorney Erwin stated that any decision always does.
Councilman Brush moved and Councilman McPherson seconded to
approve the request for a variance from the requirement for curb and
gutter; carried unanimously.
November 20, 1975
Page 8
B. Request for Approval of Agreement for a Special Census
to be Conducted in February, 1976.
Mr. Hurlburt reported that the City had reached the due
date to sign an agreement for the conducting of a census
in February, 1976, and establish questions. The due date
for questions to be in to the State Department of Finance
is January 1, 1976, and their approval will follow. We
have budgeted $8,400 for this census, and at this point,
it appears that it will cost approximately $8,000.
The first 10 questions are uniform, meeting State require-
ments. However, the second set of questions will be
tailored to meeting the community requirements. Mr.
Hurlburt read a few of the suggested questions.
Councilman McPherson moved and Councilwoman Benson seconded
to approve the agreement with the State of California, Department of
Finance, and authorize the City Manager to sign; carried unanimously.
C. Request for Approval of Agreement with the City of Palm
Springs for Modification of UMPTA Grant Request to Include
Transportation System Equipment for the City of Palm
Desert and Establishing Conditions.
Mr. Hurlburt explained that for months the City had been
working on a program to establish a bus system as a
backbone system from Palm Springs to Coachella including
Indio. For acceptance of this kind of plan, all of the
cities must have an intra city bus system. SB 325 funds
were established by a State committee for these systems.
The City of Palm Springs has an UMPTA Grant for their
bus system, and it has been approved. They are willing
to allow the grant request to be revised to allow for the
city service for Palm Desert to be budgeted under the
Grant along with Palm Springs. Under the arrangement,
Palm Desert would pay 20% of the cost of buses and the
Grant would pay 80%. The type of bus has a 10-year life
and is well constructed.
The system which has been developed includes seven buses
on the backbone system. Mr. Hurlburt further elaborated
on the cost of the system, indicating that it would be
receiving revenues and to a small degree helping to pay
for itself. In evaluation of the use of these buses,
it was felt that about 40% of the patrons would be youth,
30% senior citizens, with the remainder being housewives,
workers, etc.
Mayor Clark indicated that it was about time we got a
system and that it would be wonderful to have transpor-
tation for people to Eisenhower, College of the Desert, etc.
Councilman McPherson indicated that with the fuel shortage,
inflation of gas prices, and pollution, a bus system was
very much needed.
Councilman McPherson moved and Councilman Aston seconded
that the agreement be approved and the Mayor authorized to sign; carried
unanimously.
D. Consideration of a Supplemental Agreement with the County
of Riverside Relative to the Use of Community Develop-
ment Basic Grant Funds.
Mr. Hurlburt indicated that this supplemental agreement
was merely to clarify areas of County responsibility and
those areas wherein the cities will be held responsible.
An "Attachment A" must be completed for each of the City
November 20, 1975
Page 9
projects falling under the agreement for them to become
a part of the supplemental agreement. Completion of
this agreement will then result in our receiving monies
for the listed projects.
Councilman McPherson moved and Councilman Aston seconded to
approve the supplemental Agreement with the County of Riverside and
authorize the Mayor to execute; carried unanimously.
E. RESOLUTION NO. 75-119 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, REAFFIRMING THE
COUNCIL'S DESIRE TO PLACE THE HIGHEST PRIORITY ON
UTILIZATION OF $9,520 OF THE CONTINGENCY FUNDS FROM THE
COMMUNITY DEVELOPMENT GRANT FOR THE RECONSTRUCTION OF
CATALINA WAY, EASTERLY OF SAN PASQUAL, IN THE 1976-77
BUDGET.
Mr. Hurlburt explained to the City Council that in
order to make the County leave the allotted $9,520 in
the Contingency Fund untilthe City starts on the subject
it is necessary for the Council to reaffirm the City's
position to place the highest priority on the utilization
of $9,520 of the funds from the Community Development
Grant. On the next year's HUD Block Grant Application,
the City will apply for an additional $9520 for the
Catalina Way project and with the $9520 carryover this year,
a total of $19,040 can be used for a portion of the
$45,000 project. If this priority is not placed, the
already allotted monies can be lost.
Councilman Brush moved and Councilman McPherson seconded that
Resolution No. 75-120 reaffirming the subject priority be adopted;
carried unanimously.
XIV. ORAL COMMUNICATIONS
None
XV. REPORTS AND REMARKS
A. City Manager
1. Mr. Hurlburt reminded Council that thier Statements
of Economic Interests must be turned in to the City
Clerk no later than November 26.
2. Mr. Hurlburt reported as a matter of interest that
Frank Allen, Code Enforcement Supervisor, had
driven by the El Paseo Art Gallery and it was vacant.
3. Mr. Hurlburt advised that on November 17, 1975, bids
had been received for the construction of the side-
walk on Portola Avenue. They were Smith Construction
Co., $43,658.60; Massey Sand & Rock, $42,264.00; and
J & S Paving, $35,355.50. This is excluding the
sidewalk in front of the Sunshine Meat, Fish & Liquor
which will be done a time and material basis.
Councilman Aston moved and Councilman Brush seconded the
approval of the contract with J & S Paving in the amount of $35,355.50
and authorized the Mayor to sign; carried unanimously.
4. Mr. Hurlburt reported that the Deputy City Clerk and
he had attended a seminar on elections and that many
changes had been made to the State Elections Code.
One change requires that anything going to the
electorate be bilingual. He indicated that Council
should decide whether each candidate would be respon-
sible for payment of having his candidate's statement
transcribed and printed, or whether the City shoudl
pay for it. The cost will run from $50 to $100 per
November 20, 1975
Page 10
candidate. Mr. Hurlburt also requested that Council
authorize him to contract with the County for con-
ducting the March 2, 1976, election.
Councilman Brush moved and Councilman Aston seconded that
the City Manager be authorized to contract with the County of Riverside
to conduct in its entirety the March 2, 1976, Councilmanic Election to
include machine counting of the ballots in the administrative offices;
carried unanimously.
Councilman McPherson moved that candidates for the office of
City Council be required to pay the total cost of translation and print-
ing of their own candidate's statement. Councilman Brush seconded the
motion; carried unanimously.
B . City Attorney
Dave Erwin suggested that Council adopt a resolution
approving the Supplemental Agreement with the County
of Riverside in that they will require it a resolution.
Councilwoman Benson moved and Councilman McPherson seconded
to adopt Resolution No. 75-122 approving the Supplemental Agreement
with the County of Riverside relative to the use of Community Development
Basic Grant Funds; carried unanimously.
C. Mayor and City Council
Councilman Brush stated that many members of the Council
had had comments made to them in opposition to the action
they took on the proposed shopping center. He wished to
reiterate that the developer himself could not confirm
that he had firm commitments from either Ralph's
Supermarket or Savon Drugs. In fact, in checking, Council
had learned that Savon did not wish to become a part of
this proposed complex and Ralph's was 80% sure that they
did not want to either.
Councilman Brush asked again about the restriping of
the streets. Paul Williams advised that the County had
started a week ago and would continue until finished.
Mayor Clark expressed concern over learning of a meeting
held in Indio where the County had considered amendment
of their General Plan which would affect all of the Cove
communities. Paul Williams replied that he was not
aware of such a meeting and that he would check on it.
He will also provide copies of agendas for Council.
XVI. ADJOURNMENT
Councilman Aston moved and Councilman Brush seconded to
adjourn the meeting; carried unanimously. Mayor Clark adjourned the
meeting at 11:05 p.m.
1NRY B. CL K, MAYOR
ATTEST:
A VEY LrHUR B , City Clerk
City of Palm Desert, California
November 20, 1975 Page 11