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HomeMy WebLinkAbout1976-09-23MINUTES CITY COUNCIL MEETING THURSDAY, SEPTEMBER 23, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:10 p.m. in the City Hall Conference Room as Council Chambers had been established as an Emergency Command Post at that time. II. PLEDGE III. INVOCATION IV. ROLL CALL Present: Councilman Mullins Councilman Newbrander Mayor Brush Absent: Councilman McPherson Councilman Seidler Mayor Brush asked that the record show that Councilman McPherson and Councilman Seidler were absent due to the fact that they were working on the present flooding con- ditions. Also Present: Martin J. Bouman, Acting City Manager Stephen Fleshman, Associate Planner Paul E. Byers, Director of Management Services David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Brush announced that S. Roy Wilson had been reappointed as Chairman and George Berkey as Vice Chairman of the Planning Commission for a one-year term. VI. CONSENT CALENDAR A. MINUTES of the September 9, 1976, City Council Meeting Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 9-2. Rec: Approve as presented. C. LETTER from the Palm Desert Chamber of Commerce Commending the City Council and City Staff for their Outstanding Job During Our Recent Crisis. Rec: Approve as presented. September 23, 1976 Page 1 D. LETTER from the Palm Desert Chamber of Commerce Requesting the Palm Desert City Council to Inititate Proceedings With the Proper Authorities and/or Agencies to Appraise the Public of the Causes for the Recent Flood Disaster. Rec: Refer to staff and the City Attorney for further review and study. Councilman Newbrander moved and Councilman Mullins seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. CASE NO. C/Z 03-76 - PALM DESERT MASONIC LODGE: Request for a Change of Zone from PR-1, D, S.P., 0.S., and S to R-3-43,560 (9) S.P. and R03043,560 (9) D, S.P. or Other Appropriate Zones, on 3 Acres of Land Located on the East Side of Highway 74, South of Portola Avenue. Mr. Fleshman outlined the request for Council indicating that it did meet all requirements and that a portion of the rezoning cleared up a previous zoning problem that the City faced as the northerly portion of the property has been zoned "S" Study. He further stated that the Masonic Lodge would be applying for a Conditional Use Permit to construct a new facility on the site. At that time, the City will be able to work on mitigating the drainage, access, and noise impacts of the site. Mayor Brush asked what control the City would have if, for example, the Masonic Lodge sold out to another type of business that might be undesirable to the City. Dave Erwin advised that a fine line existed here but that if the new use was dissimilar, the City would have control over it in that they could request another Conditional Use Permit. Mayor Brush declared the Public Hearing Open and asked for input from the audience either for or against the project. There was none. Mayor Brush declared the Public Hearing Closed. Councilman Mullins moved to waive further reading and pass to second reading Ordinance No. 132. Councilman Newbrander seconded the motion; carried unanimously. B. RESOLUTION NO. 76-117 - A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, CONFIRMING ASSESSMENTS ON PROPERTY OWNERS IN SAID CITY, FOR THE ABATEMENT OF WEEDS AND OTHER NUISANCES ON VACANT LOTS. Mr. Bouman advised that this resolution initiated assess- ment procedures to collect the costs on nuisances abated within the City. He advised that all of these people had been properly notified prior to the actual abatement; that they had failed to abate the nuisance themselves; and that subsequent to all of the aforementioned, they had not paid the bill from the City. Mr. Bouman pointed out that since the preparation of the Agenda, the following individuals had paid: Owner Parcel Lyons Simmons Gordon Horton & Stanley Krikorian Hallal 621-371-024-0 621-371-005-1 621-383-003-6 625-121-002-3 627-073-005-2 629-241-020-8 September 23, 1976 Page 2 Mr. Bouman stated that these individuals and parcel numbers would be removed from the Exhibit "A" of the Resolution. Mayor Brush declared the Public Hearing Open and asked if there was anyone present to speak for or against the Resolution. No one spoke. Mayor Brush declared the Public Hearing Closed. Councilman Newbrander moved to waive further reading and adopt Resolution No. 76-117. Councilman Mullins seconded the motion; carried unanimously. C. RESOLUTION NO. 76-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE FOR SAID CITY. Mr. Bouman stated that this was a requirement in compliance with the Political Reform Act of 1974 in which employees of the City in certain decision -making positions are required to reveal certain financial interests in property, stocks and bonds, etc. These statements will be filed with the City only but will become a matter of public record. He pointed out that a similar resolution was required for Council which would be brought up next on the Agenda. Mr. Bouman further indicated that Attachment "A" to the resolution had been amended to include both the City Attorney and the Assistant Deputy City Attorney and that all employees required to file would be required to file in Categories I, II, and III. Mayor Brush declared the Public Hearing Open and asked if anyone was present to speak either for or against the Resoltuion. No one spoke, Mayor Brush declared the Public Hearing Closed. Councilman Mullins moved to waive further reading and adopt Resolution No. 76-119. Councilman Newbrander seconded the motion; carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 76-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Mr. Bouman pointed out that this resolution would require Council to file Statements of Economic Interest covering their positions on any other board, commission, or agency, such as their positions on the Redevelopment Agency. By adoption of this resolution, Council would then be governed by the same rules provided under the Political Reform Act for them as Councilmen when they were acting as members of the Redevelopment Agency. Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-120. Motion carried unanimously. B. RESOLUTION NO. 76-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AND DIRECTING THE ESTABLISHMENT OF A SPECIAL FUND TO ACCOUNT FOR FLOOD EMERGENCY EXPENSES, AUTHORIZING TEMPORARY ADVANCES TO SAID FUND, AND AUTHORIZING PAYMENT FROM SAID FUND OF EXTRAORDINARY EXPENSES INCURRED FOR FLOOD CONTROL AND DAMAGES. Mr. Bouman stated that on the instruction of numerous State and Federal agencies and on the advice of many cities who have undergone disaster such as we have, it is absolutely essential that we keep accurate records, not only in associa- tion with emergency conditions at the time of the flood, September 23, 1976 Page 3 but any and all subsequent expenses we might incur in rebuilding our facilities. This resolutions provides for such accounting procedures. Mr. Byers pointed out that it would allow for keeping separate records, one for the flood -related accounts and the others being our normal conduction of business. Councilman Mullins moved to waive further reading and adopt Resolution No. 76-121. Councilman Newbrander seconded the motion; carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS None XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS Ms. Evelyn Young, Reporter for the Daily News, asked whether or not there was any report on the levy. Mayor Brush responded it was holding, and at the last report, there was little water in it. He further reported that approximately one hour before the meeting, the Sheriff's Department had reported that the levy was under constant surveillance and that the rains in the mountains were being monitored also, with reports coming in to the City. XV. REPORTS AND REMARKS A. City Manager 1. RESOLUTION NO. 76-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR OVERTIME PAYMENT TO EXEMPT MEMBERS OF THE CITY STAFF, EXCLUDING THE CITY DEPARTMENT HEADS, FOR THE PERIOD COVERING THE CITY'S STATE OF EMERGENCY. Mr. Bouman explained that a resolution had been adopted in 1975 wherein certain employees were exempt from overtime pay. In view of the numerous hours rendered by all of the City staff during the recent flood, it was felt that these employees should also receive com- pensation. Payment would be made at a straight -time hourly rate, and this would not be an on -going policy. September 23, 1976 Page 4 Councilman Newbrander moved and Councilman Mullins seconded to waive further reading and adopt Resolution No. 76-122; carried unani- mously. B. City Attorney None C. Mayor and City Council Councilman Newbrander stated that the Staff and City Manager should be highly commended for the way they operated througout the emergency situation. Council- man Mullins stated that he felt they had done a tre- mendous job. Mayor Brush stated that the City had put up some temporary dikes on the south end of the community and for the most part, those dikes are holding pretty well. They are to control and divert surface water. He continued that unfortunately there was a lot of water going through the community and that it had reached the north side of the highway. The majority of the damage is there. He stated that at the moment, the City's efforts were being concentrated in those areas in an effort to divert and control the water. XVI. ADJOURNMENT Councilman Mullins moved to adjourn the meeting to 700 p.m. on Wednesday, September 29, 1976, in the City Hall Council Chambers. `•� Councilman Newbrander seconded the motion; carried unanimously. Z r Mayor Brush adjourned the meeting at 7:45 p.m. ATTEST: • SHEILA R. GILLI''. , Acting City of Palm Desert, Calif 21 NOELr1T/ B1j SH , MAYOR ity Clerk rnia September 23, 1976 Page 5