Loading...
HomeMy WebLinkAbout1976-11-11MINUTES CITY COUNCIL MEETING NOVEMBER 11, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:00 p.m. on Thursday, November 11, 1976, in City Hall Council Chambers. II. PLEDGE - Councilman Jim McPherson III. INVOCATION - Reverend Dean Miller IV. ROLL CALL Present: Councilman Jim McPherson Councilman Ed Mullins Councilman Alexis Newbrander Councilman Bill Seidler Mayor Noel Brush Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Larry McAllister, Administrative Assistant Hunter Cook, City Engineer V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Noel Brush noted that some of the students from the Journalism Class of the Palm Desert Middle School were present for the Council meeting and he extended Council's welcome to them. Mayor Brush stated that Council had declared Sunday, November 14, 1976, Mamie Doud Eisenhower Day in Palm Desert. He further noted that November 14th was Mrs. Eisenhower's 80th birthday and the Resolution was also in honor of this. The Mayor read the Resolution for the benefit of the press and the audience and then presented it to the Reverend Dean Miller, Pastor of the Palm Desert Community Church. Reverend Miller thanked the Council and Mr. San Pedro who had done the beautiful artwork. He stated that the framed Resolution would be hung in the Eisenhower Museum after presentation to Mrs. Eisenhower. A. Appointment to the Planning Commission to fill the vacancy created by the termination of Mary Kay Van de Mark's term. Mayor Brush asked for nominations for this position. Councilman Newbrander moved and Councilman Seidler seconded to appoint Mr. Charles Reading to the two-year term on the Planning Commission. Motion carried unanimously. Councilman Seidler indicated that this was an appropriate time to commend Mrs. Van de Mark for her dedicated service to the City during the past years. Mayor Brush added his thanks to Mrs. Van de Mark stating that she had agreed to serve on other committees, in particular, one of the Redevelopment Agency committees. November 11, 1976 Page 1 Mrs. Newbrander stated that Mr. Reading had lived in the desert area for several years, and that he was now retired. Prior to his retirement, he had been in the investment busi- ness in Columbus, Ohio. He is now active as the president of the homeowners association in the community in which he lives. VI. CONSENT CALENDAR A. MINUTES of the October 28, 1976, City Council Meeting Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-044 and 77-045. Rec: Approve as presented. C. LETTER from the City of Indian Wells Regarding the Palm Desert Flood Study and September 10, 1976, Flooding; October 1, 1976, Notice of Increase Diversion. Rec: Refer to Staff & City Attorney for action. D. RESOLUTION NO. 76-10-2074 - A Resolution of the City Council of the City of Signal Hill Opposing the Redistribution of Sales Tax Revenues on the Basis of Population. Rec: Receive and file. E. LETTER from Roberts Construction Company Appealing the Planning Commission Decision Relative to the Requirement for Concrete vs. Asphalt Driveways in Palm Desert. Rec: Refer to Staff for notification to applicant of proper appeal procedure. F. CLAIM FOR DAMAGES from Schlecht & McCullough Law Firm, 383 South Palm Canyon Drive, Palm Springs, California, for Henry & Virginia Batista, in the Amount of $40,000.00. Rec: Deny the claim and direct the City Clerk to so notify the claimant. G. LETTER from Aetna Life & Casualty Insurance Company Regarding Claim for Damages Created by Skiploader During Flood Clean-up; Claimant: Harry Nudd, 73-409 Little Bend Trail, Palm Desert, California. Rec: Refer to City insurance carrier. Councilman Newbrander requested that Item D of the Consent Calendar be removed and discussed under Section X, Consent Items Held Over. Councilman Mullins moved to approve the Consent Calendar with the exception of Item D and Councilman Seidler seconded the motion. Motion carried unanimously. VII. PUBLIC HEARINGS None VIII. RESOLUTIONS A. RESOLUTION NO. 76-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA; SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF ENVIRONMENTAL SERVICES THAT HAVE BEEN MICROFILMED. Mr. Bouman explained that this was a housekeeping item in that it was necessary to microfilm these files in order to allow for filing space in this department. November 11, 1976 Page 2 Councilman McPherson moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-139. Motion carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER D. RESOLUTION NO. 76-10-2074 - A Resolution of the City Council of the City of Signal Hill Opposing the Redistribution of Sales Tax Revenues on the Basis of Population. Mrs. Newbrander pointed out that inasmuch as Palm Desert was a small community as far as population was concerned, that it might be to our best interest to either back this resolu- tion or adopt one of our own with the same intent. Mr. Bouman pointed out that presently the sales tax revenues were being distributed on the basis of the amount of sales. Obviously, some bill is being considered where this distri- bution would be changed so that smaller areas would receive less. Palm Desert is small, but affluent, thus receiving a larger share than were it to be based on our population. Councilman Newbrander moved to direct the City Manager to voice Palm Desert's opposition to the proposed new redistribution of Sales Tax Revenues; Councilman Mullins seconded the motion. Motion carried unanimously. XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS A. REPORT from Administrative Assistant Relative to the Fly, Mosquito, and Gnat Problem in the City. Larry McAllister reported that he had contacted the Coachella Valley Mosquito Abatement District and learned that the recent flood had created the increased fly, gnat, and mos- quito problem. The flooding had created the perfect breeding habitant for these insects. Traps were available for use by the residents; however, the student personnel usually used for the placement of these traps had greatly diminished due to their return to school. It was also noted that residents with complaints should contact the Coachella Valley Mosquito Abatement District Office directly. Although two months have passed and the problem seems to be less, some residents may still have complaints. XIV. ORAL COMMUNICATIONS None November 11, 1976 Page 3 XV. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Bouman announced that the City has reached that point in the restoration and repair of the flood damage where the City can no longer provide these services. Simply, we have just spent as much money as we can without putting the City in a serious cash -flow posi- tion. Mr. Bouman further stated that people are going to have to do for themselves, and the purpose of this announcement was to ask the press to advise citizens of this situation — that we can no longer remove dirt, build dikes, etc. Councilman McPherson noted that during the days following the flood, that people had been allowed to dump dirt and debris in the streets and that the City had been cleaning this up. It should now be noted that not only is this procedure discouraged, but also possible citations could be given to those not complying withthe law. The City is urging that residents build their own curbs and gutters so that minor rain problems can be dealt with on a regular basis. Mr. Bouman explained that people were being encouraged to build together as a community effort which would also offer the benefit of smaller costs. The City will provide the engineering services required, but the individual property owners will have to bear the cost of the project. Mr. Bouman stated that under the 1911 Bond Act, improvement bonds were available at 7-9%, and these improvement bonds would also allow the homeowners to spread the cost over a period of 11 to 15 years. Mr. Cook advised that petitions were available in City Hall through his office and if any residents were interested, they should con- tact his office. B. CITY ATTORNEY 1. Mr. Erwin advised that it would be beneficial to have Mr. Bud Engel, Fire Marshal, designated as a peace officer, thus eliminating the necessity of his having to call for a Sheriff's deputy to issue a citation. Mr. Erwin pointed out that Mr. Engel had all the educa- tional requirements for this type of position. Councilman McPherson moved to waive further reading and adopt Resolution No. 76-140, designating the Fire Marshal, Mr. Bud Engel, as a peace officer. Councilman Newbrander seconded the motion; carried unanimously. 2. Mr. Erwin requested that Council adjourn to an Executive Session to discuss an item of pending litigation. C. MAYOR AND CITY COUNCIL None XVI. ADJOURNMENT Councilman McPherson moved and Councilman Mullins seconded to adjourn the Council meeting to Executive Session to discuss pending litigation. Motion carried unanimously. Mayor Brush adjourned to Executive Session at 7:40 p.m. November 11, 1976 Page 4 Mayor Brush reconvened the meeting at 9:15 p.m. Councilman Mullins moved and Councilman McPherson seconded to adjourn the meeting to November 18, 1976, in City Hall Council Chambers. Motion carried unanimously. Mayor Brush noted that the adjourned meeting of November 18, 1976, was being held in lieu of the regular meeting of November 25, 1976, which will fall on Thanksgiving. ATTEST: HEILA R. GILLIG , Acting / ity Clerk November 11, 1976 Page 5