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HomeMy WebLinkAbout1976-04-08MINUTES PALM DESERT CITY COUNCIL APRIL 8, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Noel J. Brush called the meeting to order at 7:00 p.m. in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Jim McPherson Councilman Ed Mullins Councilman Alexis Newbrander Councilman Bill Seidler Mayor Noel Brush Also Present: Harvey L. Hurlburt, City Manager Paul A. Williams, Director of Environmental Services Jeff Patterson, Deputy City Attorney V. APPROVAL OF MINUTES Councilman McPherson moved and Councilman Mullins seconded that the minutes of the March 25, 1976, City Council meeting be approved as presented; carried unanimously. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Mayor Brush presented Mr. Robert C. Hubbard with a plaque of appreciation for his service as prior Chairman of the Planning Commission. The Mayor also pointed out that Mr. Hubbard had been very instrumental in the incor- poration of the City and was very responsible for the City's being in existance. Mr. Hubbard thanked the Council for the award. B. Appointment of Members to the Newly Created Civic Art Committee. Councilman Seidler moved that the Scope of Responsibility for the City Arts Committee be revised to add a paragraph indicating that one of the members of the committee would be a councilman who would act as chairman of the committee. Councilman Mullins seconded the motion; carried unanimously. Councilman Newbrander suggested that the committee start with 3 members plus the chairman and recommended Mrs. Helen Huntington, Mr. Vernon Barton, and Mrs. Alyce Aston as members to the committee. Council approved the recommendations. Councilman Seidler recommended that Councilman Newbrander be appointed as Chairman of the Civic Art Committee and with no objections, Mrs. Newbrander was appointed. April 8, 1976 Page 1 VII. A. Letter from Mrs. Esther L. White Regarding Property She Owns on Bob Hope Drive and City Manager's Reply. B. Letter from Affiliated Construction Co., Inc. Requesting a Waiver of Building Requirements. C. Letter from City Clerk of Indian Wells Presenting Their Resolution Withdrawing from the Coachella Valley Associa- tion of Governments. D. Letter from Living Desert Association Requesting a Waiver of the Building Permit Fees Under the Provisions for Waiver of Fees for Non -Profit Corporations. E. Letter from Donald L. Schroeder, Chairman of the Riverside County Board of Supervisors, Advising the City of Intention to Designate a Community Action Agency. Councilman McPherson moved to approve the Consent Calendar as presented and Councilman Seidler seconded the motion. Motion carried unanimously. VIII. PUBLIC HEARINGS None IX. RESOLUTIONS A. RESOLUTION NO. 76-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CITY'S SB-325 CLAIM FOR THE 1976-77 FISCAL YEAR. (Continued from March 25, 1976.) Mr. Hurlburt stated that every year at this time we are advised of the amount of money available to us from this fund and it is necessary for the City to advise SCAG as to the method of spending proposed. $123,917 is avail- able to us and Staff recommends submitting the following proposed expenditures: $21,574 for the proposed bus system (to be paid to the City of Palm Springs who is administering the program) 101,973 for Street and Road Purposes 370 to SCAG for Regional Planning Purposes $123,917 Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-34; carried unanimously. B. RESOLUTION NO. 76-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Mr. Hurlburt pointed out the major expenditures included in Demand 3-1 in the amount of $239,180.39 explaining that $75,000.00 was a transfer to a Savings Pass Book Account and was not an expenditure. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-41; carried unanimously. April 8, 1976 Page 2 C. RESOLUTION NO. 76-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Mr. Hurlburt pointed out the major expenditures included in Demand No. 3-2 in the amount of $32,922.62. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-43; carried unani- mously. D. RESOLUTION NO. 76-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR TRANSFERS OF APPROPRIATIONS UNDER THE 1975/76 BUDGET TO PROVIDE FOR THE COST OF A READER PRINTER FOR THE PLANNING AND BUILDING DIVISIONS. Mr. Hurlburt explained that a Reader/Printer had been included in the 1975/76 budget but that recent investi- gations into the purchase of the equipment had shown that a printer with more sophisticated features would be more beneficial for the City's purposes. The increase in cost would be $633.53 and the resolution requested a transfer of this amount. The total cost of the machine is $1833.53. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-42; carried unanimously. E. RESOLUTION NO. 76-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLU- TION NO. 75-30, AND CREATING A BUILDING BOARD OF APPEALS AND CONDEMNATION. Mr. Hurlburt stated that the City was quickly approaching a time when Staff will be coming to Council for recommen- dations on programs which are cataloged as rehabilitation and condemnation programs. In order to move ahead with these, it is necessary to have a uniform condemnation code which will be presented later in the agenda. The City now has a Building Board of Appeals. However, along with the condemnation code, it is necessary to establish a Condemnations Board. In many cities they have two different boards, but because of the size of our City, Staff is recommending that it be a joint board called the Building Board of Appeals and Condemnation. The information presented would create such a combined board and it would repeal the resolution establishing the Building Board of Appeals and would reconstitute membership and makeup in terms of members involved. Mr. Hurlburt reported that it was estimated that this board would meet on an average of every other month. Councilman Seidler moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-45; carried unani- mously. Mr. Hurlburt read the Definition and Scope of Responsi- bility statement for the Building Board of Appeals and Condemnation explaining that it also included the selec- tion of a chairman and vice-chairman at the discretion of the Board. Councilman Mullins moved and Councilman McPherson seconded to approve the Definition and Scope of Responsibility for the Build- ing Board of Appeals and Condemnation; carried unanimously. April 8, 1976 Page 3 Mayor Brush stated that the next step was to appoint new members to the newly created Board. He stated that two members of the previous board were qualified to serve and expressed willingness to do so. They are Mr. John Marzicola, Professor of the College of the Desert and a Licensed Engineer and Mr. Wayne McClellan, local Electrical Contractor. Mayor Brush further recommended Mr. Charles Martin, Architect, Mr. Kenneth W. Roberts, General Contrac- tor, and Mr. Paul White, Plastering Contractor. With no objections from Council, Mayor Brush declared these members so appointed. F. RESOLUTION NO. 76-47 - AUTHORIZING ADDITIONAL ADVANCE TO THE PALM DESERT REDEVELOPMENT AGENCY IN THE AMOUNT OF $221,950, SUCH AN ADVANCE TO BE TREATED AS A LOAN AND TO BE REPAID WITH INTEREST. Mr. Hurlburt explained that in order for us to qualify for monies becoming available, it is necessary for the City to obligate through contract, expenditure, obliga- tion through loan etc. the amount of money we want to obtain through tax increment financing and establish this by no later than June 30, 1976. The money will be paid to the City in two payments next year. In order to qualify for this, it is necessary to trans- fer certain monies to the Redevelopment Agency which in due time will be obligated to contracts for construction, engineering work, etc. The amount of $221,950 is recom- mended in Resolution No. 76-47. Mr. Hurlburt outlined the proposed projects in the resolution stating that the monies will not be transferred until needed but prior to the end of June. He further pointed out that there will be two more projects that will be presented at the next Council meeting as a result of recent discussions. Councilman Seidler asked if the City was guaranteed that the Redevelopment Agency will have the money to repay? Mr. Hurlburt responded that these monies will be considered notes receivable from the Redevelopment Agency so it will not in any way affect the year-end surplus. The two tax payments next year, starting in December or January, would then be converted back to cash as the money comes to the City. At this moment, the amount of money being trans- ferred is estimated to be met by the tax money available to us. However, if we get towards the end of June, we can get a better reading from the County Assessor as to what this might amount to and if at that time we find it is lower than predicted, then we would merely ask Council to adjust some of these projects to represent the amount required to capture these tax monies. Councilman Seidler stated that he understood then that right now we project that the money will come into the Redevelopment Agency to repay this money and by the end of this fiscal year, we will know how much these monies are and if we obligate up to our estimates and it turns out to be too high, we can back off on any one of these items. We are not spending this money at this time. Mr. Hurlburt explained that we were not spending the money. If, come the end of June, some of the major contracts we are holding off on until the last minute and if it looks like the money is not forthcoming, those contracts would just not be consumated. Then coming into the new budget year, you might transfer the monies back in again. Councilman McPherson stated that these projects were extremely important and that Council would probably go ahead with them anyway. This was merely an easy way to pay for them. April 8, 1976 Page 4 Mayor Brush requested that the resolution wording be amended to read under item (7) "For engineering, survey work, and preparation of visual aids required to imple- ment the redesign of Highway 111 Frontage Roads, $15,000. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-47 as amended; car- ried unanimously. G. RESOLUTION NO. 76-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLU- TION NO. 76-20, APPROVING AN OPERATING BUDGET FOR THE PERIOD OF JULY 1, 1975, TO JUNE 30, 1976. Mr. Hurlburt stated that this resolution merely imple- mented some of the actions taken in Resolution No. 76-47 and outlined the proposed amendments. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-48; carried unanimously. H. RESOLUTION NO. 76-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR CHARGES TO THE PALM DESERT REDEVELOPMENT AGENCY FOR PORTIONS OF CITY EXPENSES INCURRED FOR SERVICES RENDERED TO THE AGENCY. Mr. Hurlburt stated that for the past year or more, the City Staff time being given to the Redevelopment Agency has greatly increased to the point where we feel we are at a stage we should charge for the staff time. He outlined the people involved and the percentages of their time. He continued that this would put the City in a position to get back $7,000 for the last quarter of this fiscal period which is April, May, and June. Next year, the entire 12 month recharge will be budgeted for. Councilman Seidler stated that we have established that presuming we are going to get the monies available, we are going ahead with the projects previously approved to improve the Core Area. He questioned simply whether or not the City could continue to deplete the staff resources and use them on the Redevelopment activities as suggested in the resolution or should the City have staff personnel work directly under Redevelopment and administer that budget in trying to carry out those programs. He stated his personal opinion was that we have a list of priorities that are being reviewed in Study Session that are several pages long of programs that Council wants to implement in this City and questions we need answered, and if we are going to administer a budget of $300,000 to $400,000, it was his opinion that we should start laying the ground- work to have somebody to administer and carry out those programs. He further stated that he did not disagree necessarily with the action saying that we have already spent time and that we should charge the Redevelopment Agency for this year, but his question was what we will do next year and when will we have the personnel to implement the programs that we talk about obligating funds for. Mayor Brush asked if Councilman Seidler was suggesting at this point the possibility of a Director for the Redevelopment Agency. Councilman Seidler responded that he was suggesting that we have people that will carry out the programs in the Redevelopment Area. Taking a percen- tage of the City employees' time is not the way to have the work done for the Redevelopment Agency. When you start taking percentages of one employee's time and say you are going to spend a couple of hours on correcting a parking deficiency in the Core Area or the circulation problem in the downtown area, we are going to have a lot more than 20% of one person's time, 10% of another's, etc. The resolution implies that this will be on ongoing thing April 8, 1976 Page 5 and this is not the answer. Mr. Hurlburt responded that up until about 60 days ago, it was his opinion that present staff could continue to provide services necessary for a while longer even though it does create difficulties. We are not able to spend time required on projects, thus doing things too hastily and many times creating errors because things are done in haste. It is too much for the staff we have. However, since we have learned that there will probably be more money available than anticipated and since we cannot accrue this money, Mr. Hurlburt agreed with Councilman Seidler completely. It is getting to the point where we are getting by just by the skin of our teeth and in a few months, we may not be able to do that. Possibly a man just working on Redevelopment Agency projects with the Staff supplementing him would be the answer. After further discussion, Councilman Mullins suggested that Staff be directed to place this subject on a future Study Session agenda for resolution. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-49; carried unani- mously. I. RESOLUTION NO. 76-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLU- TION NO. 75-51, APPOINTING A DEPUTY CITY TREASURER. Mr. Hurlburt explained that when we had a separate City Treasurer we needed a Deputy. When the responsibility of City Treasurer was made part of Staff, the need for a Deputy City Treasurer no longer existed. It has served no purpose to this point, and it should not. The resolution presented eliminated the position as well as the monthly reimbursement. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-52; carried unanimously. J. RESOLUTION NO. 76-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A REVISED VACATION POLICY FOR THE CITY OF PALM DESERT, REVISING RESOLUTION NO. 75-73. Mr. Hurlburt explained that the Deputy City Treasurer was also on a special list of employees who received no overtime but an extra week's vacation. Eliminating the responsibility as Deputy City Treasurer now requires eliminating this position from the exempt list. The employee will receive overtime but will not get the added vacation. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-51; carried unanimously. K. RESOLUTION NO. 76-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXPRESSING OPPOSI- TION TO THE NUCLEAR POWER PLANTS INITIATIVE. Mr. Hurlburt explained that the Solar/Energy Committee under the direction of Chairman Chuck Aston, had recently considered this subject and a very in-depth presentation had been made. As a result of this, the Committee had unanimously recommended to the City Council that they adopt this resolution in opposition to this initiative. Mr. Hurlburt pointed out that Mr. Kermit Martin of Southern California Edison was in the audience to answer any technical questions that might be raised. April 8, 1976 Page 6 Mr. Kermit Martin addressed Council stating that he felt everyone was familiar with this initiative which will appear on the ballot as Proposition 15. He asked if any of the Council had questions. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Resolution No. 76-46; carried unanimously. X. ORDINANCES For Introduction: A. ORDINANCE NO. 117 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE 1973 EDITION OF UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS Mr. Hurlburt explained that one of the codes that the City had not adopted was the National Uniform Code for the Abatement of Dangerous Buildings. He stated that it was compatible with the Uniform Building Codes and he further outlined the ordinance. Councilman Newbrander moved to waive further reading and pass Ordinance No. 117 to second reading. Councilman McPherson seconded the motion; carried unanimously. For Adoption: A. ORDINANCE NO. 108 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING AND CON- TROLLING THE DISTRIBUTION OF HANDBILLS. Mr. Hurlburt pointed out that the ordinance did embody the amendment made at the previous meet and unless Council had questions, he had no further input. Councilman Mullins moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 108; carried unani- mously. B. ORDINANCE NO. 115 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING PSYCHIC ACTIVITIES AND REPEALING ORDINANCE NO. 10 OF SAID CITY. Mr. Hurlburt pointed out that this was the second reading of this ordinance and unless Council had questions, he had no further input. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 115; carried unani- mously. C. ORDINANCE NO. 114 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 60, SECTION 10, IN REGARDS TO BUSINESS LICENSE EXEMPTIONS. Mr. Hurlburt stated that this was a second reading and that the ordinance was merely a step to make business licenses more equitable and recognize that many people in the community are retired and/or on Social Security and exempts them. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Ordinance No. 114; carried unani- mously. April 8, 1976 Page 7 D. ORDINANCE NO. 116 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE ADMINISTRATION OF DISASTER OPERATION AND RELIEF IN THE CITY OF PALM DESERT, CALIFORNIA. Mr. Hurlburt stated that this was second reading and that he had no further input unless Council had questions. Councilman McPherson moved and Councilman Seidler seconded to waive further reading and adopt Ordinance No. 116; carried unanimously. XI. CONSENT ITEMS HELD OVER None XII. CONTINUING BUSINESS None XIII. NEW BUSINESS None XIV. OLD BUSINESS A. Case No. TRACT 5357 - HOME BUSINESS DEVELOPMENT: Release of Bonds for Off -Site Improvements Related to the Condo- minium Conversion Project at the Southwest Corner of Deep Canyon Road and Abronia Trail. Mr. Williams explained that this request for the release of bonds is a normal action involved in the development process. Upon the completion of construction of a sub- division, the County Construction Department prepares a Notice of Completion recommending the release of security bonds. Mr. Williams pointed out that the deposit for the monuments are not recommended for release at this time. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-50. carried unanimously. XV. ORAL COMMUNICATION None SVI. REPORTS AND REMARKS A. City Manager Mr. Hurlburt pointed out that the scheduled Study Session meeting for 7:30 a.m. on Tuesday, April 13, 1976, would conflict with the Breakfast Installation of Officers for the Chamber of Commerce and suggested that Study Session be cancelled. Councilman McPherson suggested that all Study Sessions for the coming week be cancelled. Councilman McPherson moved and Councilman Seidler seconded to cancel Study Session meetings for the week of April 12, 1976; carried unanimously. Mr. Hurlburt pointed out that the next City Council meeting would not be held until April 29, 1976, and that he would like to move ahead with the employment of clerical help for the City Engineer. He stated that in researching this position, he found that a secretary would be of greater assistance to the City Engineer and Staff was requesting authorization to employ a secretary rather than a clerk stenographer. He did point out that both positions would be adver- tised and if an applicant for clerk stenographer applied and was qualified, she would be hired. April 8, 1976 Page 8 Councilman Newbrander moved and Councilman Mullins seconded that the designation of clerk typist be changed to secretary and that the City Manager be authorized to proceed on that basis. Motion carried unanimously. Mr. Hurlburt stated that in many other cities, programs had been established wherein people who had trees they did not want could notify the City where a list would be kept and any individual looking for a tree could then obtain it. He explained that a list of trees would be maintained by staff including a description, size, etc. and that such list would be posted on the bulletin board in front of City Hall. The program would be called "Adopt a Tree" program. The individual wishing the tree would be responsible for having it transplanted and assuming any costs involved. Mayor Brush indicated Council's approval for the adoption of such a program and advised that interested parties should contact the Department of Environmental Services. B. City Attorney None C. Mayor and City Council Councilman Seidler asked what the timetable was for the rebuilding of Catalina Way with correction of drainage problems, etc. Mr. Williams responded that it was awaiting final approval by the Federal Government and with that, it would probably be September of this year. Councilman McPherson asked if the schools had ever been notified about an education program for the children on the use of the new sidewalk on Portola. Mr. Hurlburt responded that the Superintendent of Schools had been sent a letter as well as both principals at Lincoln School and Palm Desert Middle School. Response had been received thanking the City and stating that such a program would be conducted. Councilman McPherson indicated that they were still not using the sidewalk and wondered what the solution might be suggesting maybe a sidewalk on the other side of the street. Mr. Hurlburt stated that he would investigate the matter. Councilman McPherson asked if the south end of Portola was being widened beyond Marrakesh as a result of the slurry seal program. Mr. Williams responded that it was as the stripes had been moved. Mayor Brush asked if a bicycle path was included in that section and Mr. Williams stated that it was. XVII. ADJOURNMENT Councilman Seidler moved and Councilman McPherson seconded to adjourn the meeting to 7:00 p.m. on Thursday, April 29, 1976, in City Hall Council Chambers; 'ed unanimously. Mayor Brush declared the meeting adjourne. at 8:35 p.m. ATTEST: RVEY LAUR B , City Clerk April 8, 1976 NOEL >I/H, MAYOR Page 9