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HomeMy WebLinkAbout1976-02-26MINUTES PALM DESERT CITY COUNCIL FEBRUARY 26, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Henry Clark called the meeting to order at 7:10 p.m. on Thursday, February 26, 1976, in City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Chuck Aston Councilwoman Jean Benson Councilman Noel Brush Councilman Jim McPherson Mayor Henry Clark Also Present: Harvey L. Hurlburt, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services V. APPROVAL OF MINUTES Councilman Aston moved that the minutes of the February 12, 1976 meeting be corrected under Section XIV, OLD BUSINESS, Item A, to read that Councilman McPherson seconded the motion. Councilman McPherson seconded that the minutes be approved as corrected; carried unanimously. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Mr. Roger Harlow presented Mayor Clark with a plaque extending the appreciation of C-VAG for his participation and assistance in the organization. He further pointed out that the Mayor had made an outstanding contribution to C-VAG through all of his efforts in the organization. B. Appointment of City Members to the City/College Liaison Committee. Mayor Clark moved that Dr. Joseph Iantorno, Dean of Students, and Dr. Bob Jordan, Chairman of Internal Relations, be appointed as College representatives to the committee. Councilman McPherson seconded the motion; carried unanimously. C. Appointment of Members to the Newly Created Civic Art Committee. Mayor Clark stated that he was not yet prepared to make suggestions for members of this committee and asked that it be held over. Councilwoman Benson moved that the appointments be held over to the March llth meeting and Councilman Brush seconded the motion; carried unanimously. February 26, 1976 Page 1 VII. CONSENT CALENDAR A. Application for Alcoholic Beverage License by Joseph A. Carrabus and Valerie A. Pohatu for LORD & LADY INN, 73-196 Highway 111, Palm Desert, California. Councilman McPherson moved to receive and file the item on the Consent Calendar and Councilman Brush seconded the motion; carried unanimously. VIII. PUBLIC HEARING A. ESTABLISHMENT OF LIENS ON TWO PARCELS FOR WHICH SIDEWALK WAS INSTALLED IN ACCORDANCE WITH CHAPTER 27 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. Mayor Clark outlined the procedure of the public hearing and declared the hearing open. Mr. Hurlburt explained that since the preparation of the agenda, new information had been made available. It was his suggestion that the matter be held over to the March 11, 1976, meeting to give Staff an opportunity to resolve some questions that had resulted from the new information. Mayor Clark asked if there was any input from the audience and there was none. Councilman McPherson moved and Councilman Brush seconded that the item be continued to the March 11, 1976, meeting; carried unani- mously. IX. RESOLUTIONS A. RESOLUTION NO. 76-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATIVE TO WORKMEN'S COMPENSATION BENEFITS FOR REGISTERED VOLUNTEER "DISASTER SERVICE WORKERS". Mr. Hurlburt stated that this was a standard resolution passed by all cities participating in the Disaster Pre- paredness Program and that it provided for coverage for Workmen's Compensation for all volunteer workers in the event of a disaster. He further pointed out that this was at no cost to the City. Councilman Aston moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 76-27. Carried unanimously B. RESOLUTION NO. 76-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Councilwoman Benson moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-28; carried unani- mously. C. RESOLUTION NO. 76-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING MID -YEAR BUDGET AMENDMENTS. Mr. Hurlburt stated that this had been reviewed in detail with Mayor Clark as directed at the previous meeting and also with the rest of Council at Study Session. He briefly outlined the major amendments to the budget and stated that it was in good shape. He recommended adoption and Resolu- tion No. 76-20 and the transfers attached to it. Councilman Brush moved and Councilman Aston seconded to waive further reading and adopt Resolution No. 76-20; carried unanimously. February 26, 1976 Page 2 D. RESOLUTION NO. 76-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ADDI- TIONAL ADVANCE TO THE PALM DESERT REDEVELOPMENT AGENCY IN THE AMOUNT OF $6,700, SUCH ADVANCE TO BE TREATED AS A LOAN AND BE REPAID WITH INTEREST. Mr. Hurlburt pointed out that this was not listed on the Agenda, but that this action was necessary as a result of the adoption of the mid -year budget adjustments. It was merely the approval of the transfer of monies to the Redevelopment Agency. Councilman Aston moved and Councilman McPherson seconded the adoption of Resolution No. 76-31; carried unanaimously. E. RESOLUTION NO. 76-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1975-76 BUDGET TO PROVIDE FOR TRANSFERS WITHIN THE STATE 1974 PARK BOND ACT FUND WITHIN THE CAPITAL IMPROVEMENTS BUDGET. Mr. Hurlburt outlined the proposed expenditures in the State Park Bond Act Fund as proposed by staff. He indica- ted that the Monument ($400), the Directional & Entrance Sign ($600), the Extension of Power into the Park and Installation of a Main Subpanel ($1,000), would be elimina- ted from this budget totaling $46,809, which included $7,000 for Rest Room Facilities. He stated that the items removed such as the signs and the monument could be obtained by donations from individuals or organizations within the community. Councilman McPherson stated that in the 7 years he had resided in Palm Desert the completion of the Park had been a major project. Upon becoming a member of the City Council he had stated that the project would be completed and now was the time to do it. Councilman McPherson moved and Councilman Aston seconded that Resolution No. 76-30 be approved with the recommended changes; carried unanimously. F. RESOLUTION NO. 76-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROPRIATING MONIES FOR COMMUNITY PARK IMPROVEMENTS. Mr. Hurlburt stated that it would be necessary to transfer $25,230 from the Building Excise Tax Fund to the Community Park Fund in order to complete all of the improvements required. He stated that the $25,230 did include the com- pletion of the fountain at a cost of $5,000. Councilman McPherson moved and Councilman Aston seconded to waive further reading and adopt Resolution No. 76-33. Councilman Brush stated that he could not agree with the adoption of this resolution in that he disagreed with the completion of the fountain. He stated that with the amount of vandalism already experienced in the Park, he felt the completion of the fountain unwise. Councilman Brush moved to amend Resolution No. 76-33 to an amount of $20,200 which would eliminate the $5,000 for the fountain. Councilwoman Benson seconded the motion. Mayor Clark asked if Councilman McPherson would accept the amended motion and he stated that he would not. Mayor Clark called for a vote on Councilman Brush's motion, and the following vote was cast: AYES: BRUSH, BENSON, CLARK NOES: ASTON, McPHERSON Councilman Brush's motion to amend Resolution No. 76-33 to an amount of $20,200 was carried. February 26, 1976 Page 3 Mr. Hurlburt pointed out that this would affect Resolution No. 76-30 and that it would have to be amended to reflect the deletion of the fountain. Councilwoman Benson moved and Councilman Brush seconded to amend Resolution No. 76-30 to reflect the deletion of $5,000 for the fountain. Motion carried unanimously. X. ORDINANCES For Introduction 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 stated that at the direction of Council at the previous meeting, he had contacted the President of the Chamber of Commerce and that he had stated that the Chamber did not wish to make any changes or amendments to the ordinance. Further review with the City Attorney produced no changes or amendments. Mr. Hurlburt further pointed out that one of the objections raised from the audience at the previous meeting had been the prohibition of handbills on cars in parking lots and that the Chamber had expressed this as a main concern in that these hand- bills only created litter. Another concern had been the question as to whether or not the ordinance eliminated the advertising section of newspapers. Mr. Hurlburt stated that it did not in that it was a section of the newspaper, but that it would eliminate the distribution of the Advertiser which was being thrown on the lawns of residences in Palm Desert with no subscription to it. He further pointed out that the Advertiser could continue distribution if it was placed on the doorknob of a resi- dence. However, no complaints or inquiries had been received from the publisher of this material, the Daily News in Indio. After considerable discussion, Councilman Brush moved that the matter be held over to the March 11, 1976, meeting with Staff directed to contact the publisher of the Advertiser for input. Councilwoman Benson seconded the motion; carried unanimously. For Adoption: A. ORDINANCE NO. 110 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING CHARITABLE RELIGIOUS AND NONPROFIT SOLICITATIONS. Councilman Aston moved and Councilman Brush seconded to waive further reading and adopt Ordinance No. 110; carried unanimously. XI. CONSENT ITEMS HELD OVER None XII. CONTINUING BUSINESS None XIII. NEW BUSINESS A. CONSIDERATION OF BIDS FROM SUPPLIERS TO FURNISH 860 TONS OF MINERAL AGGREGATE FOR SLURRY SEALING IN THE CITY OF PALM DESERT. February 26, 1976 Page 4 Mr. Hurlburt stated that only one bid had been received from A & B Asphalt for $5.20 a ton or a total of $4,523.60 f.o.b. Palm Desert, California. Councilman Aston moved to approve the bid and authorize the Purchasing Agent to execute a Purchase Order in that amount. Council- woman Benson seconded the motion; carried unanimously. B. CONSIDERATION OF BIDS FROM SUPPLIERS TO FURNISH 149 TONS OF QSH ASPHALT EMULSION FOR SLURRY SEALING IN THE CITY OF PALM DESERT. Mr. Hurlburt advised that this had been advertised in the Palm Desert Post as had the previous bid and that only one contractor had bid. He further stated that there are not many contractors of this nature in the Valley and that Rancho Mirage had experienced the same type of response when they had advertised for bids. Chevron had been the only contractor to bid for a total cost of $10,640. Councilwoman Benson moved and Councilman McPherson seconded to approve the bid from Chevron and authorize the Purchasing Agent to execute a Purchase Order in that amount; carried unanimously. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS MR. HERB POWERS, President of the Palm Desert Chamber of Commerce, addressed Council expressing concern over delay in the City's promotional monies to the Chamber to promote the City through a brochure. He stated that the City had asked for a letter explaining the expenditures and that one had been submitted and had also been discussed with Mayor Clark. Mayor Clark pointed out that the letter had been submitted too late to get on the Agenda. Councilman Brush stated that he felt Council's concern over promoting Palm Desert was that the City was not yet ready for it. He felt that an inventory should be made as to the City's need for hotel accommodations, meeting facilities, etc. before promotion was made to get tourist business. Mayor Clark stated that the Census now being taken would provide the City with more information as to what is available, what is wanted, etc. MR. ROBIN BARRETT, Palm Desert, addressed Council extending his thanks for their efforts within the past two years but expressing his displeasure with the mailing of a Newsletter just days prior to the election. He stated that this was paid for by the taxpayers and that he felt it was no more than campaign literature. MRS. MARGERY EGAN, Palm Desert, addressed Council stating that she had contacted the Attorney General's office regarding the Newsletter mailing and that she would be providing that office with a copy of the mailing. She also expressed displeasure with the mailing and stated that the Attorney General would rule as to whether or not it was considered "campaign material" and if so, the incumbents running for office would have to pay for the mailing as well as the publication of the Newsletter. XVI. REPORTS AND REMARKS A. City Manager 1. Resolution No. 76-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR A TRANSFER OF APPROPRIATIONS UNDER THE 1975-76 BUDGET TO PROVIDE FOR EXCESS OF INSURANCE PREMIUMS OVER BUDGET PROVISION. February 26, 1976 Page 5 Mr. Hurlburt stated that all insurance rates are going up and the City was no exception. Our most recent billing showed that the total year's billing would be $830 more than the budgeted $4,950, or a total of $5,780. This resolution would provide the additional $830 by virtue of transfer. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 76-32; carried unani- mously. 2. Mr. Hurlburt stated that 8 seminars were being held in Los Angeles on alternate sources of energy and that it was the feeling of the Solar Energy Committee that they should have representatives attend from their committee. The registration fee is $50 and transportation costs will also be involved. It was the suggestion of the committee that the City pay for one registration and the transporta- tion and the College of the Desert pay for one additional registration fee. Councilman Aston moved that $370 be transferred from the Unappropriated Contingency Reserve to the Nondepartmental Travel and Meetings budget account and Councilwoman Benson seconded the motion. Motion carried unanimously. B. City Manager None C. Mayor and City Council Councilman McPherson stated that he would would like to express his appreciation to the City Staff in helping make his job much easier during the past two years. He stated that the City had very competent employees. He continued by commending Mayor Clark in doing "a hell of a lot better job than the rest of us could have done". Councilwoman Benson also thanked the City Staff and expressed appreciation to Mayor Clark. Mayor Clark stated that he had very much enjoyed his position and thanked all who had worked with him. He asked Staff to investigate the purchasing of a voting machine for Council so that the next Mayor would not be faced with making the "deciding vote". XVII. ADJOURNMENT Councilwoman Benson moved and Councilman McPherson seconded to adjourn the meeting to March 9 ,-1976, at 7:00 p.m. in City Hall Council Chambers. Carried nanimously. ATTEST: HARVEY L. LBUR , City Clerk February 26, 1976 Page 6