Loading...
HomeMy WebLinkAbout1976-03-25MINUTES PALM DESERT CITY COUNCIL MARCH 25, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting of the City Council to order at 7:05 p.m. on Thursday, March 25, 1976, in the City Hall Council Chambers. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman McPherson Councilman Mullins Councilman Newbrander Councilman Seidler Mayor Brush Also Present: Harvey L. Hurlburt, City Manager Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney V. APPROVAL OF MINUTES Councilman McPherson moved that the minutes of the March 9, 1976, meeting be corrected under Section XVI to read that he nominated Council- man Mullins as Mayor Pro-Tempore and that Councilman Seidler seconded the motion and that the minutes of the March 11, 1976, meeting be approved as presented. Councilman Seidler seconded the motion; carried unanimously. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Appointment of Two Members to the Planning Commission to Fill Vacancies. Councilman McPherson moved and Councilman Seidler seconded to appoint Mrs. Gloria Kelly as Planning Commissioner to fill one of the two unexpired terms of 2-1/2 years each. Motion carried unanimously. Mayor Brush thanked Mrs. Kelly for her willingness to serve the community as a Planning Commissioner. Mayor Brush asked for further nominations for appointment to the Planning Commission and none were presented. B. City/College Liaison Committee Appointments Mr. Hurlburt reported that he had begun discussions with Dr. Fern Stout of the College of the Desert and that he was hopeful recommendations could be made for these com- mittee members by the April 8, 1976, meeting. C. Appointment of Members to the Newly Created Civic Arts Committee. Mr. Hurlburt stated that Councilman Newbrander had made recommendations for this committee which will be studied by Council and possible appointments made at the April 8, 1976, meeting. D. Appointment to Planning Priorities Committee. Mayor Brush stated that he felt he should be replaced as Chairman of the Planning Priorities Committee due to his new position of Mayor. Councilman Seidler moved and Councilman Newbrander seconded that Councilman Ed Mullins be appointed to serve as Chairman of the Planning Priorities Committee; carried unanimously. E. Redevelopment Area Planning Priorities Committee Appointment. Mayor Brush moved and Councilman Mullins seconded that Planning Commissioner George Berkey be approved as the Planning Commission repre- sentative on the Redevelopment Area Planning Priorities Committee to fill the vacancy created by the election of Ed Mullins to the City Council; motion carried unanimously. G. County Waste Management Advisory Board. Mr. Hurlburt reported that Mr. Harry C. Hardy had submitted his resignation as City representative to this committee merely as a courtesy to the new Council. Mr. Hurlburt stated that Mr. Hardy had represented the City well and suggested his reappointment. Mayor Brush moved that Harry C. Hardy be reappointed for an indefinite term as the Palm Desert City representative on the County Waste Management Advisory Board and Councilman Mullins seconded the motion; carried unanimously. H. Committee Definitions and Responsibilities Mr. Hurlburt pointed out that many committee definitions and scope of responsibilities had just been finalized or changed and that Council approval was required. Councilman McPherson moved and Councilman Mullins seconded to approve the Definition and Scope of Responsibility as presented for the following committees: Technical Traffic Committee Redevelopment Area Planning Priorities Committee Redevelopment Area Finance Committee Redevelopment Project Area Committee Design Review Board Bicentennial Committee Solar/Energy Committee City Arts Committee Motion carried unanimously. VII. CONSENT CALENDAR Councilman McPherson asked that Item A, Letter from Mr. Harold M. Simmons, #6 Indian Springs, Palm Desert, California, Regarding a Mobile Paramedic Unit, be removed to Item XI, Consent Items Held Over. Councilman McPherson moved and Councilman Mullins seconded that Items B and C of the Consent Calendar be approved; carried unani- mously. March 25, 1976 Page 2 VIII. PUBLIC HEARINGS A. Continued Public Hearing on Establishment of Liens on Two Parcels on El Paseo to Reimburse the City for Expenses Incurred in Conjunction with the Installation of Sidewalks. (Continued from March 11, 1976) Mayor Brush declared the Public Hearing open. Mr. Hurlburt pointed out that this matter had been held over twice because the owners had some disagreement with the City. At this point, all problems have been resolved. Citinational Bank has reconciled not to oppose a lien, and even though Council is placing a lien by virtue of adoption of a resolution, the property owners still have 5 days in which to settle the obligation. Mayor Brush asked for input from the audience and with none presented, declared the Public Hearing closed. Councilman Seidler moved to adopt Resolution No. 76-29 authorizing the Superintendent of Streets to establish liens on the parcels that have not paid within five (5) days of the public hearing. Councilman McPherson seconded the motion; carried unanimously. B. Establishment of New Street Names and House Numbers for the Palm Desert Tennis Club Project. Mayor Brush declared the Public Hearing open. Mr. Williams advised that this project had been discussed with the property owners involved for a number of months. The request for the City Council to approve the naming of four private drives in the project and a revision of the existing numbering system to facilitate the location of units in the project. Councilman Newbrander asked if all property owners were aware of this request and Mr. Williams responded that all property owners had been notified. Mayor Brush asked for input from the audience. Mr. Bill Lintz, President of the Home Owners Association, adressed Council expressing support of the establishment of the new street names and house numbers stating that the existing system was extremely confusing. With no further input offered, Mayor Brush declared the hearing closed. Councilman McPherson moved and Councilman Seidler seconded the adoption of Resolution No. 76-40 providing for the new street names and revised numbering system. Carried unanimously. 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. Mr. Hurlburt explained that this City and others involved with the bus system recently established have run into technical difficulties with the filing and a special meeting is being held next week to resolve the technical problem. Therefore, he suggested that the item be held over to the April 8, 1976, meeting. Councilman Mullins moved and Councilman McPherson seconded to continued Resolution No. 76-34 to the meeting of April 8, 1976; carried unanimously. March 25, 1976 Page 3 B. RESOLUTION NO. 76-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ESTABLISHING THE PERIOD OF APPOINTMENT FOR THE MAYOR AND MAYOR PRO-TEM AS A ONE-YEAR TERM. Mr. Hurlburt advised that this resolution had been pre- pared at the request of Council and in effect it says that the Mayor and Mayor Pro-Tempore are selected for a one year period, after which time the positions will be considered vacant and subject to refilling. Councilman Newbrander moved and Mayor Brush seconded to waive further reading and adopt Resolution No. 76-39; carried unanimously. X. ORDINANCES For Introduction: A. 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 explained that this was another in the series of documents which will be brought to Council to set up the Disaster Preparedness Program. It is a a stereotype ordi- nance establishing a Disaster Council. Mr. Hurlburt con- tinued by explaining the major points of the ordinance. He pointed out that originally this plan had been called Civil Defense, but since we are no longer in a "state of war", the name of the program had been changed to Disaster Preparedness. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 116 to second reading; carried unanimously. B. 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 revision was the result of of complaint issued by a resident a few months ago in that the business license does not distinguish between full time major businesses and casual low income business people. At Council's request, a revision had been prepared to exempt these individuals and was being presented tonight. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and pass Ordinance No. 114 to second reading; carried unanimously. C. 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. David Erwin, City Attorney, explained that a weakness had been discovered in Ordinance No. 10 in that it did not exclude religious activities and the newly proposed ordi- nance provided exemptions for these groups. Councilman McPherson moved and Councilman Mullins seconded to waive further reading and pass Ordinance No. 115 to second reading; carried unanimously. For Adoption: A. ORDINANCE NO. 112 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 86 RELATING TO DOGS. Mr. Hurlburt advised that this ordinance had been fully March 25, 1976 Page 4 explained during first reading and unless there were further questions, he had no further input. Mayor Bursh indicated that he didn't know if this new ordinance would help in the control of animals in Palm Desert, but that he hoped so. He assured that Council will do everything possible to increase the dog control within the City. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 112; carried unanimously. B. ORDINANCE NO. 113 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING THE RUNNING AT LARGE OF DOMESTIC FOWL OR DOMESTIC ANIMALS OTHER THAN DOGS OR CATS AND PROVIDING FOR THEIR IMPOUND- MENT. Mr. Hurlburt advised that this had been reviewed at first reading and offered no further input unless there were questions. Councilman Mullins moved and Councilman McPherson seconded to waive further reading and adopt Ordinance No. 113; carried unani- mously. C. 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 explained that this ordinance had passed first reading at the previous meeting as it had been originally proposed. He stated that there had been 2 alternatives for Council regarding the problem of the "Advertiser", a publication of the Indio Daily News. Council had originally indicated that they wanted the ordinance to be as restrictive as possible; however, they did not want to place a hardship on the local advertising paper. Mr. Erwin has met with the publisher of the Daily News to determine a mutually suitable agreement. Mr. Sonneborne, Publisher of the Daily News, addressed Council stating that the "Advertiser" did not qualify as a newspaper of general circulation under the General Code and therefore would be prohibited by the Ordinance. He stated that the "Advertiser" had been in existance for 15 years and was put out on a regular distribution basis. Councilman Mullins asked what affect it would have if the ordinance required the "Advertiser" to be placed in a plastic bag and delivered to the door of homes. Mr. Sonneborne responded that the cost would be prohibitive. Councilman Newbrander asked if the "Advertiser" could be discontinued at a residence if the party requested it and Mr. Sonneborne indicated that an immediate stop was made if someone requested it. Councilman Seidler moved to amend Section 16 of Ordinance No. 108 to include the following exemption: The foregoing provisions of this Ordinance shall not apply to the distribution of folded newspapers of general circulation, as the same are defined in the Government Code of the State of California, or other folded newspapers, articles, adver- tising supplements or articles which are routinely delivered on an established schedule and printed by a publisher of a general circulation newspaper. Councilman Mullins seconded the motion; carried unanimously. Ordinance No. 108 was passed to second reading as amended. March 25, 1976 Page 5 XI. CONSENT ITEMS HELD OVER A. Letter from Mr. Harold M. Simmons, #6 Indian Springs, Palm Desert, California, Regarding a Mobile Paramedic Unit. Mr. Hurlburt read the letter commenting that the $79 fee charged for transportation to Eisenhower Medical Center was in accordance with their prescribed fees. He stated that while the paramedic is an extremely valuable service, it is extremely expensive to establish and maintain. To go into business and set up would cost approximately $30,000. The first year would probably cost $275,000 for training, installation, equipment, office space, etc. and a continuing cost of about $200,000 to $250,000 would be realistic. Mr. Hurlburt pointed out that Springs Ambulance did have 6 paramedics working now and that they provided response within 4 minutes of a call with an average of 3 calls per day. Councilman McPherson moved and Councilman Mullins seconded that Mr. Hurlburt be directed to reply to Mr. Simmons letter relating the high costs of such an operation; carried unanimously. XII. CONTINUING BUSINESS None XIII. NEW BUSINESS A. Request from R.S.V.P (Retired Senior Volunteer Program) for City Financial Support. Mr. Hurlburt reported that this program had been originally established in Desert Hot Springs. Of the C-VAG cities, Rancho Mirage, Coachella and Palm Desert are not involved. Mr. Hurlburt outlined the projects involved in our area and the number of hours the organization had contributed. It would cost the City of Palm Desert $648 to participate through this fiscal year and an additional $1,555 for the next fiscal year, totaling $2,203. No Council policy has been established for sponsoring social services groups in the City. Mr. Henry Withrow, Director of R.S.V.P., addressed Council giving a review of the services provided by his organization. He stated that he was very confident that programs could be developed in Palm Desert that would be extremely beneficial to the residents in the area. Councilman Newbrander moved to table the request until such time as City Council has established a policy on subsidy of non City organizations and Councilman McPherson seconded the motion; carried unanimously. Councilman Seidler stated that it appeared that this group and others had come before Council in the past and that Council should prepare a policy so as not to put these groups off. The City Manager was requested to include this on the Study Session agenda. B. Consideration of Calling for Bids for the 1975-76 City Road Reconstruction and Overlay Program. Mr. Williams explained that the request was for approval of the bid documents for the 1975-76 Street/Road Construc- tion and Overlay Program and to call for bids for said work. The proposed work is to consist of the overlaying of 13 streets and the reconstruction of 3 intersections. The complete detail of the work was discussed. Councilman Seidler asked whether or not other streets in need of repair were included in this program. Mr. Williams stated that the Slurry Seal Program was being March 25, 1976 Page 6 completed and that any other streets would be done on an individual basis as needed. Councilman McPherson moved and Councilman Mullins seconded to call for bids to be opened April 19, 1976, at 4:00 p.m. in the City Hall Council Chambers and authorize the City Manager to call for infor- mal bids and execute a contract to relocate a signal standard at the northwest corner of Avenue 44 and Portola not to exceed $2,500; motion carried unanimously. C. Consideration of a Request from Property Owner to Dedicate Lower Buckboard Trail and Birdie Way to the City for Maintenance. Mr. Williams pointed out the this offer of dedication was made to the County of Riverside and never accepted. Both roads were built to County Standards that existed at the time and siad roads were built in approximately 1963. However, since that time the roads have not been as well maintained as those publically dedicated streets have been. Both roads are in need of at least a li" overlay and Birdie Way does need curb and gutters since it has a considerable grade and does carry water. Councilman McPherson asked about the cost involved and Mr. Williams responded that it was approximately 20 a square foot. Councilman McPherson indicated that it would appear that Council did have a duty to the citizens on these streets but it didn't appear fair to have the citizens in the rest of the community pay for it. Councilman McPherson moved that Staff be directed to meet with these people to work out whatever arrangements satisfactory to both the City and the home owners in that area and that administrative costs involved be borne by the City. Councilman Newbrander seconded the motion; carried unanimously. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS Mr. Alfred C. Jenson, Ryway Place, Palm Desert, adressed Council indicating a problem on the construction site of the Dunham Company. Due to construction, one site was being used as a road to cut across between two streets and this was creating a dust problem as well as a nuisance. Councilman Newbrander stated that she was aware of the situation and that it was a real problem. Staff was directed to contact Mr. Dunham to establish a solution to the problem. XVI. REPORTS AND REMARKS A. City Manager 1. Mr. Hurlburt pointed out that the Council would be attending a seminar during the week of April 19th when the regular meeting of Council was scheduled and it should be noted for the press that the April 22nd meeting will be changed to April 29th. 2. Mr. Hurlburt pointed out that two new pictures had been hung in Council Chambers and that the other would be up by the next meeting. March 25, 1976 Page 7 B. City Attorney None C. Mayor and City Council 1. Councilman McPherson asked about the fire lanes in the Market Basket and when the newly adopted ordi- nance would be enforced. Mr. Hurlburt stated that the Fire Department and Sheriff's Department were aware of the new ordinance and were working to implement it. 2. Mayor Brush stated that he had been approached by the College of the Desert about poor signing for the College. Also, the signing put up by Rancho Mirage was poor in that people were con- fused about getting to Palm Desert. Mr. Hurlburt indicated that the previous Council had directed the Mayor to send a letter to the Rancho Mirage City Council requesting that corrective action be taken in the signing but that the letter had never been sent. After further discussion, staff was directed to investigate the sign at the College of the Desert and provide for a larger one. The Mayor was asked to send a letter to Rancho Mirage regarding the signs on Bob Hope Drive and Country Club Drive. 3. Councilman Seidler pointed out that the Council was meeting in Study Session on Tuesday mornings from 7:30 to 8:45 and every Thursday evening at 5:30 p.m. XVII. ADJOURNMENT Councilman Seidler moved and Councilman McPherson seconded to adjourn the meeting; carried unanimously. Mayor Brush adjourned the meeting at 9:00 p.m. � / )i NOE /"U.SH,c3IITZOR ATTEST: ARV L. i4CTRL : - - . TY CLER March 25, 1976 Page 8