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HomeMy WebLinkAbout1976-06-24MINUTES CITY COUNCIL MEETING JUNE 24, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Noel Brush called the meeting to order at 7:00 p.m. on Thursday, June 24, 1976, in the City Hall Council Chambers. II. PLEDGE - Councilman Jim McPherson III. INVOCATION - Mayor Pro-Tem Ed Mullins IV. ROLL CALL Present: Councilman McPherson Councilman Mullins Councilman Newbrander Councilman Seidler Mayor Brush Also Present: Harvey L. Hurlburt, City Manager David J. Erwin, City Attorney Paul A. Williams, Director of Environmental Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the June 10, 1976, Meeting of the City Council. Action: B. APPLICATION for Alcoholic Beverage License by Salvatore C. MUNGO and Donna J. HENRY for the BOTTLE WORKS, INC., 73-510 Highway 111, Palm Desert, California. Rec: Receive and file C. RESOLUTION NO. 76-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING CLAIMS AND DEMANDS AGAINST THE CITY TREASURY. Rec:• Waive further reading and adopt. D. LETTER from F. X. McDonald, Jr. Regarding Annexation of His Property in Palm Desert. Rec: Receive and file. Councilman Mullins moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. June 24, 1976 Page 1 VII. PUBLIC HEARINGS A. RENEWAL of Taxicab Permits 1976-77 Granting Certificates of Public Convenience. Mayor Brush declared the Public Hearing Open. Mr. Hurlburt presented the Staff's report pointing out the City's requirements for this type of certificate. One of these conditions was a vehicle inspection by the Sheriff's Department. Caravan Cab has not complied with this requirement in that their one cab had been out of commission and had to be replaced. The new cab had still not been presented to the Sheriff's Department for inspec- tion. Mr. J. F. Brown, 74-165 Fairway Drive, Palm Desert, repre- senting Ask Fore Palm Desert Cab Company, pointed out that they provided 24-hour services throughout the area when no one else did and other reasons he felt his firm should be given an exclusive franchise to operate in Palm Desert. Mr. Burton Fiore, representing Caravan Cab, addressed Council indicating that his firm had been in the area giving good service for over 16 years and presenting his feelings as to why two cab companies could operate within the area. With no further input from the audience, Mayor Brush declared the hearing closed. Discussion ensued. Councilman McPherson moved and Councilman Seidler seconded to grant an exclusive franchise to operate a taxicab service to Ask For Palm Desert Cab Company commencing July 1, 1976. The following vote was cast: AYES: NOES: ABSENT: ABSTAIN: McPherson, Seidler & Brush Newbrander & Mullins None None The motion carried on a 3-2 vote. VIII. RESOLUTIONS A. RESOLUTION NO. 76-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE THROUGH STREET SYSTEM FOR THE CITY TO PROVIDE FOR ADDI- TIONS AND DESIGNATING ADDITIONAL STOP SIGN CONTROLS AT VARIOUS INTERSECTIONS THROUGHOUT THE COMMUNITY. (Held Over from June 10, 1976, Meeting.) Mr. Hurlburt stated that prepared to present this held over to the meeting the City Engineer was not yet item yet and asked that it be of July 22, 1976. With no objections from Council, Mayor Brush stated that this item would be continued to the meeting of July 22, 1976. B. RESOLUTION NO. 76-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CON- TRACT WITH THE PALM DESERT REDEVELOPMENT AGENCY TO PRO- VIDE CERTAIN SERVICES. Mr. Hurlburt explained the Agreement pointing out that prior to June 30, 1976, there were some budgetary matters that had to be wrapped up which were difficult to meet deadlines on. The Agreement with the City would enable the Redevelopment Agency to meet these deadlines. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-82; carried unanimously. June 24, 1976 Page 2 C. RESOLUTION NO. 76-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE DESTRUCTION OF NON -CURRENT FILES FROM THE DEPARTMENT OF ENVIRONMENTAL SERVICES. Mr. Hurlburt explained that this was done in an effort to make more space available and that these files had been microfilmed. Councilman Mullins moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 76-83; carried unanimously. D. RESOLUTION NO. 76-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING SALARIES AND EMPLOYEE BENEFITS FOR THE 1976-77 FISCAL PERIOD. Mr. Hurlburt indicated that the paperwork had not yet been completed on this resolution and requested that it be held over to the meeting of June 29, 1976. Mayor Brush, with no objection from the Council, stated that this item would be held over to the June 29, 1976, special Council Meeting. E. RESOLUTION NO. 76-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLU- TION NOS. 73-6, 73-9, AND 74-87 AND APPOINTING THE CITY ENGINEER AS SUPERINTENDENT OF STREETS. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt. Motion carried unanimously. F. RESOLUTION NO. 76-86 - 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, THROUGH JUNE 30, 1976. Mr. Hurlburt summarized the resolution for Council. Councilman Seidler moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 76-86; motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 123 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING COUNTY ORDINANCE NO. 421 RELATING TO SWIMMING POOL ENCLOSURES. Mr. Hurlburt pointed out that the ordinance was originally written so that adjustments could be granted by the City Council. However, since the passing of first reading of the ordinance, it was felt that these adjustments should be heard and granted by the Planning Commission. In this event, a clause should be added allowing for any decision by the Planning Commission to be appealed to the City Council. City Attorney Dave Erwin asked that this item be held till the last of the agenda in order that he might prepare such a clause. Mayor Brush moved the item to the end of the agenda. June 24, 1976 Page 3 B. ORDINANCE NO. 125 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING ALL LAND DIVISIONS IN THE CITY OF PALM DESERT. Mr. Hurlburt explained that this was a second reading of the ordinance and that the two suggested revisions as a result of first reading had been incorporated into the ordinance. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 125. Motion carried unanimously. C. ORDINANCE NO. 127 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING PROCEDURE FOR PAYMENT OF CLAIMS AND DEMANDS AND AMENDING ORDINANCE NO. 68 OF SAID CITY. Mr. Hurlburt explained that this was a second reading and that he would answer questions but had no further input. Councilman Seidler moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 127. Motion carried unanimously. X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS A. REQUEST for Approval of Selection of a New Insurance Agency. Mr. Hurlburt indicated that this item had been held over from the June loth, 1976, meeting in that Mr. George Hokey had not been able to attend. Mr. Hurlburt stated the Staff's recommendation for changing the agent and broker of record indicating that the Macfadyen Company had been instrumental in correcting some problems that the employees were having with the insurance plan and further stating that Mr. Macfadyen had been a representative of Travelers for 26 years, has his business in the community, and is a resident of Palm Desert. Mr. Jack Macfadyen addressed Council indicating his support of the transfer and expressing his justification for such a transfer. Mr. George Hokey, A. J Sfingi Company, Indio, presented his reasons to Council as to why he felt they should not change brokers. Councilman McPherson moved to authorize the transfer of the Health Insurance Plan to W. Jack Macfadyen Company as the agent and broker of record effective at the policy anniversary date of July 1, 1976. Councilman Mullins seconded the motion. Motion carried with the following vote: AYES: NOES: ABSENT: ABSTAIN: McPherson, Mullins, and Newbrander Brush None Seidler Councilman Seidler indicated that his abstention was of a professional nature rather than one of a conflict of interest. XII. NEW BUSINESS A. REQUEST for Approval of Modification of Community Develop- ment Act Grant Fund Expenditure to Provide for Additional Monies Which Have Been Made Available to the City. Mr. Hurlburt reported that the City had been notified by the County of Riverside that an error had been made and June 24, 1976 Page 4 that an additional $17,032 was available to the City of Palm Desert under the Community Development Act. It was staff's recommendation that this money be used for an expansion of the Catalina Way project. Councilman Seidler moved and Councilman Mullins seconded to approve the expenditure of the $17,032 on the Catalina Way Project and to authorize the City Manager to so advise the County of Riverside. Motion carried unanimously. B. REQUEST for Renewal of Agreement with County of Riverside for General Services. Mr. Hurlburt advised that this was a renewal of a contract with the County of Riverside to provide general services as opposed to specific contracts with the County. Councilman Newbrander moved and Councilman Mullins seconded to approve the renewal of the Agreement for General Services with the County of Riverside and authorize the City Manager to so advise the County Board of Supervisors. Motion carried unanimously. C. REQUEST for Approval of Agreement with Sheriff's Depart- ment, County of Riverside, for Law Enforcement Services for the 1976-77 Fiscal Period. Mr. Hurlburt outlined the contract indicating that it was for approximately $45,000 more this year than for the previous year. Discussion ensued. Councilman McPherson moved and Councilman Seidler seconded to approve the contract and authorize the Mayor to sign it. Motion carried unanimously. D. CITY ANNEXATION NO. 3 - Consideration of an Annexation Request of the DuBois Property Located Westerly of and Adjacent to Cook Street, Northerly of the Present City Limits. Paul Williams reviewed the proposed annexation for Council indicating that it had been initiated at the request of Mr. DuBois. Mr. Dick Coffin, 73-700 El Paseo, Palm Desert, addressed Council expressing strong opposition to the inclusion of property which he owned in this annexation. Considerable discussion followed. Councilman Seidler moved to continue the item until such time as staff felt they were ready to discuss it further and after as many problems as possible had been resolved with Mr. Coffin. Councilman Mullins seconded the motion; carried unanimously. XIII. OLD BUSINESS None IX. ORDINANCES For Adoption A. ORDINANCE NO. 123 Mayor Brush indicated that this was the ordinance that had been continued from earlier in the agenda and asked Mr. Erwin for the additional clause to be written into the ordinance. Mr. Erwin pointed out that in addition to the changes from City Council to Planning Commission, the following should be added: June 24, 1976 Page 5 "A decision of the Planning Commission may be appealed to the City Council by any interested party by written notice of appeal stating the grounds therefor. Said notice of appeal must be filed with the City Clerk within 10 days of the date of decision by the Planning Commission." Councilman Seidler moved to waive further reading and pass to seconded reading Ordinance No. 123 with the so stated amendment. Councilman McPherson seconded the motion; carried unanimously. XIV. ORAL COMMUNICATIONS Mr. Jack Macfadyen, 73-070 Shadow Mountain Drive, Palm Desert thanked the Council for their approving him as the agent and broker of record of the City's Health Insurance Plan and assured them that he would do an excellent job. XV. REPORTS AND REMARKS A. City Manager None B. City Attorney None C. Mayor and Members of the City Council None XVI. ADJOURNMENT Mayor Brush adjourned the meeting at 9:05 p.m. to Tuesday June 29, 1976, at 5:00 p.m. and to Executive Session imme- diately following the Redevelopment Agency Meeting. The Council meeting was reconvened at 10:10 p.m. from Executive Session and immediately adjourned. %/ II-DWARD D. MULLINS, MAYOR PRO-TEM ATTEST: eA0efoAm. HARVEY L I LBURT, City Clerk Palm Desert, California June 24, 1976 Page 6