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HomeMy WebLinkAbout1977-07-14MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 14, 1977 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Mullins called the meeting to order at 7:05 p.m. on Thursday, July 14, 1977, in City Hall Council Chambers. II. PLEDGE - Mayor Pro-Tempore Jim McPherson III. INVOCATION - Mayor Edward Mullins IV. ROLL CALL Present: Councilman Noel Brush Councilman James McPherson Councilman Alexis Newbrander Councilman Roy Wilson Mayor Edward Mullins Also Present: Carlos Ortega, Assistant to the City :.tanager Paul A. Williams, Director of Environmental Services David J. Erwin, City Attorney V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Adjourned Meeting of the City Council of June 16, 1977. Rec: Approve as presented. B. PMIINUTES of the Regular Meeting of the City Council of June 23, 1977. Rec: Approve as presented. C. MINUTES of the Adjourned Meeting of the City Council of June 30, 1977. Rec: Approve as presented. D. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 77-122, 77-123, and 77-124. Rec: Approve as presented. E. PLANNING COMMISSION COMMENTS Relative to the DRAFT REGIONAL HOUSING ASSISTANCE PLAN Prepared by the Coachella Valley Association of Governments. Rec: Receive, commend C-VAG staff, and file. F. LETTER from Planning Commissioner, George Kryder, Relative to the DRAFT REGIONAL HOUSING ASSISTANCE PLAN Prepared by the Coachella Valley Association of Governments. Rec: Receive and consider as additional input for the Housing Assistance Plan. July 14, 1977 Page 1 G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES) by THOMAS C. COOPER and CHARLES WILLIAMS for BOURBON STREET, 73699 El Paseo Drive, Palm Desert, California. Rec: Receive and file. H. LETTER from MRS. SALLIE J. ELDER with Various Suggestions for Council. Rec: Receive and refer to City Manager for response. I. REQUEST FROM 1977 DESERT CONFERENCE ON AGING for Contribution to Their Organization. Rec: Refer to the City Manager for response, advising the Conference on Aging of Council's Policy as outlined in Resolution No. 76-72. Councilman Brush moved and Councilman McPherson seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. PUBLIC HEARINGS A. RENEWAL of Taxicab Permits for 1977-78 Granting Certificates of Public Convenience & Necessity. Mr. Carlos Ortega presented Staff's report on the matter of an exclusive franchise for taxicabs in the City of Palm Desert. He pointed out that the hearing had been continued from the meeting of June 23, 1977, because Staff had requested additional time to review the Dial -A -Ride Service in Rancho Mirage and also due to a pending court action. Mr. Ortega pointed out that Council was in receipt of a letter from Mr. James Brown of Ask Fore Palm Desert Cab Company, the company presently holding the exclusive franchise with the City. Mr. Ortega requested that this letter be made a part of the record. Mr. Ortega referred to Staff's report, prepared by the Code Enforcement Department wherein two alternatives were 'listed for Council: 1) renew the exclusive franchise with Ask Fore Palm Desert Cab Company to operate a taxicab service com- mencing July 1, 1977; and 2) Issue Certificates of Public Convenience and Necessity to all taxicab companies desiring to provide service within the City of Palm Desert. Mr. Ortega pointed out that the Code Enforcement Department favored the renewal of the exclusive franchise with Ask Fore Palm Desert Cab Company. Mayor Mullins asked for input from the audience in FAVOR of granting the Exclusive Franchise. MR. JAMES E. BROWN, 74-165 Fairway Drive, Palm Desert, addressed Council as owner of Ask Fore Palm Desert Cab Company. He referred to his letter of July 12, 1977, which had been submitted to Council and by Mr. Ortega's recommendation, been made a part of the hearing and official record. Mr. Brown pointed out that the business available in Palm Desert offered him a monthly salary of $500. This $500 was a net from a gross of $1,800 a month. Secondly, in response to Council's indication that compe- tition was good, Mr. Brown asked if the City would feel the same way about another bus system coming into Palm Desert to operate in competion with Sunline. Mr. Brown continued that since he had been granted the Exclusive Franchise, another company had placed an ad in the "Yellow Pages" under the name of Palm Desert Cab and due to their poor response to calls, his company had experienced not only difficulties in responding to calls but also unhappiness with his company in that the public did not differentiate between the two companies. Mr. Brown concluded by requesting that the Council grant him an Exclu- sive Franchise but for a period greater than one year. July 14, 1977 Page 2 Mayor Mullins asked for input in OPPOSITION to an Exclusive Franchise. MR. RONALD MANDELL, 841 Cerritos Road, Palm Springs, addressed Council as President of Aztec Taxicab Company. He submitted a resume to the Council for the record and made a part of these minutes as Exhibit "A". Mr. Mandell pointed out that his company operated 24 hours a day, that they operated new 1977 cabs, and have the financial capability of adding as many cabs as growth of the Valley will demand. He stated that his company would be very pleased to operate in Palm Desert, that they had limousine service, tours, and shopping trips from Palm Springs to Palm Desert. He concluded by saying that the taxicab service provided to the Palm Desert residents should be a sophisticated transpor- tation system to meet the needs and growth of the City. MR. BURTON FIORE, 2296 Smokewood Avenue, Palm Springs, addressed Council in agreement with Mr. Mandell. He indicated that Mr. Mandell's company was the only one in the area capable of handling all the business, and if Mr. Brown has been doing a good job, he will not lose his customers. MR. MANDELL readdressed Council stating that he, himself, was on a 24-hour beeper call system so that if there were any problems, he could be contacted immediately. He also offered his services to the City of Palm Desert for consulting work as his background very well lends itself to transportation needs. MR. BROWN readdressed Council stating that Mr. Mandell was emphasizing the 24-hour service and that his company had been providing that for two years with not a single missed call. Councilman McPherson asked Mr. Mandell how many cabs he operated and Mr. Mandell replied that he presently had 10 1977 cabs with 8 more to be delivered in September. This did not include the limousine. He also pointed out that his company had a credit line of up to $1 million. Councilman McPherson asked Mr. Fiore how many cabs he operated and Mr. Fiore replied that he had 2, but only 1 in operation. Mayor Mullins declared the Public Hearing closed. Councilman Newbrander stated that in the fairness of competition, and setting aside the fact that she personally knew Mr. and Mrs. Brown, she felt that an exclusive franchise was inappropriate. Mayor Mullins expressed his accord with this. Councilman Wilson stated that he concurred with Councilman Newbrander relative to competition being good. He stated that Council had a main obligation to ensure good public service, but he did not believe that Council or any type of government had the right to set up monopolies. He said that he would prefer to see Ordinance No. 58 strengthened to allow only top quality cabs to operate here and allow them to operate only if they continue to meet the more stringent requirements of the new ordinance. Councilman Brush expressed concern as to how the City, with a stronger ordinance and more companies operating, could adequately restrict operation of those not meeting the standards. Dave Erwin pointed out that the existing ordinance could be modified to incorporate more restrictions as well as protective measures for the City. If a cab company did not maintain the proper equipment, their license could be revoked immediately, without the necessity of conducting a public hearing first. Council asked Mr. Allen, Code Enforcement Supervisor, for his opinion and Mr. Allen indicated that he favored the granting of an Exclusive Franchise, mainly due to the fact that his department was not equipped to police numerous companies operat- ing in Palm Desert. July 14, 1977 Page 3 Mayor Mullins noted that it was apparent that it was not Council's desire to grant another exclusive franchise. Councilman Wilson moved and Councilman McPherson seconded to instruct the City Attorney to modify Ordinance No. 58 and present it at the meeting of July 28, 1977, and to continue the Exclusive Franchise with Ask Fore Palm Desert Cab Company until that time. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 77-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING THE GRANT DEED FOR THE PALM DESERT LIBRARY. Mr. Ortega stated that the Library Board has offered the Library to the City, and that the City had previously agreed to this and in fact had already made certain improve- ments to the building in the way of repairing the air-condi- tioning system. This resolution was a formality now of officially accepting the deed. Staff recommended the acceptance; however, the motion should include a stipulation instructing the City Clerk not to record said deed until a title search has been received and approved by the City Attorney. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No. 77-76, accepting the Grant Deed for the Palm Desert Library, and instructing the City Clerk not to record said deed until a title search had been received and approved by the City Attorney. Motion carried unanimously. B. RESOLUTION NO. 77-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO EXECUTE A RIGHT-OF-WAY CERTIFICATION IN CONNEC- TION WITH THE TRAFFIC SIGNAL AT HIGHWAY 111 AND AVENUE 44. Mr. Ortega stated that this was a standard certificate for all formally funded projects. This is merely a procedure that the City Council has to go through. Councilman Brush moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-75. Motion carried unanimously. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 163 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 60, SECTION 22, WITH REGARDS TO BUSINESS LICENSE TAX PENALTIES; AND ORDINANCE NO. 82, ADDING SECTION 3, PRO- RATING FEES FOR CHANGE OF OWNERSHIP. Mr. Ortega stated that at Council's request, Staff had prepared amendments to these two Business License ordi- nances. The first changes will eliminate the 50% penalty fee requirement and amend it to 10% of the business license tax on the 15th day of the month; 25% of the tax on the 15th day of the second month it is delinquent; and 50% of the tax on the 15th day of the third month it is delinquent. The second amendment provides for a new owner of a business which has already paid a business license tax to pay only 10%0 of the annual license tax upon change of ownership, with a minimum of $10, whichever is greater. Councilman McPherson moved and Councilman Brush seconded to waive further reading and pass Ordinance No. 163 to second reading. Motion carried unanimously. July 14, 1977 Page 4 IX. ORDINANCES For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. COUNTY REFERRAL CASE NO. GPA-80: Consideration of Proposed General Plan Amendments Referred to the City. Mr. Ortega explained that the County of Riverside was merely notifying the City of certain development in the area. How- ever, this area in not within the Sphere of Influence of the City of Palm Desert, and, therefore, the Council's comments would not be appropriate. Councilman Brush moved and Councilman McPherson seconded to direct the City Clerk to notify the County Board of Supervisors that Palm Desert has no comments on either the G.P.A. or related EIR. Motion carried unanimously. XIII. OLD BUSINESS None XIV. ORAL COMMUNICATIONS None XV. REPORTS AND REMAKRS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin introduced Resolution No. 77-77, a resolution favoring the enactment of SB 26 and AB 1765. Mr. Erwin explained that SB 26 has been amended to provide for an additional Municipal Court Judgeship for the Desert Muni- cipal Court and AB 1765 has been introduced to increase the number of judges in the;s1perior Court in the County of Riverside. Mr. Erwin stressed the need for additional judges in our area due to the increased activities in the courts and urged Council's adoption. Councilman Newbrander moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 77-77. Motion carried unanimously. C. CITY COUNCIL Councilman Newbrander expressed concern that she had about whether or not the Council should consider a moratorium on on all new building in Palm Desert. She expressed strong concern over water supply and energy supply and questioned whether or not the City could guarantee a supply with the growth we are presently experiencing. Councilman Newbrander moved that the Council seriously consider a moratorium on all new building in Palm Desert. Motion died for lack of a second. Councilman Wilson stated that although he would not second the motion, he felt it was a situation very worth of looking into. July 14, 1977 Page 5 Councilman Newbrander added that although the water and energy considerations were of prime concern, the traffic situation, adequate school facilities, and other things should be seriously studied and considered. Councilman Brush pointed out that these were major concerns of C-VAG and as Chairman of the Executive Committee of that organization, he assured forthcoming reports on exactly the items of concern expressed by Mrs. Newbrander. Mayor Mullins agreed that it was an excellent project for C-VAG and that it should have a high priority. Mayor Mullins asked that everyone note the meetings listed on the Agenda. Mr. Ortega pointed out that the Redevelopment Agency Committee of the Whole Meeting scheduled for July 27 had been postponed until August 17 at the request of the consultant. MRS. CLAIR WYNN, 72-883 Sierra Vista, adressed Council at this time asking whether or not anything could be done about the trash and sometimes dead animals along the entrance to the City. She stated that she felt the Animal Control Depart- ment as well as the trash collection agency should be able to do something about this. Council advised that this matter would be directed to Staff and that action would be taken after investigating the situation. XVI. ADJOURNMENT With no further busiress to come before the meeting, Councilman Brush moved and Councilman McPherson seconded to adjourn the meeting. Motion carried unanimously. Mayor Mullins adjourned the meeting at 7:59 p.m. L.DWARD D. ATTEST: - 7 SHEILA R. GI IGAN, CJJI'Y CLERK CITY OF PALM DESERT, CALIFORNIA July 14, 1977 4ULLINS, MAYOR Page 6 EXPERIENCE: Oct., 1966- Present May, 1955- Feb., 1973 EXHIBIT "A" J Confidential Resume of RONALD J. MANDEL 13 Courtney Street Fall River, Massachusetts 02720 Phone: (617) 679-2316 PHILLIP J. KANE, INC., North Dartmouth, Massachusetts As PRESIDENT of this ICC registered commodity carrier, cov- ering entire state of Massachusetts, responsible for all aspects of general management of the operation. This in- cluded close coordination of all sales, trucking operations, and union labor relations and negotiation activities. Since acquiring company in 1966 have increased volume by over 800%. Concurrent with above activity, as PRESIDENT of Motor Transportation Consultants, Inc., served in a consulting capacity to a number of organizations throughout the United States advising them in all areas of transportation management including I.C.C. procedures and regulations, tarriffs and rate negotiation, freight bill auditing, claims procedures and insurance, private fleet operation and leas- ing of equipment, etc. DOVER STAMPING COMPANY., INC., Fall River, Massachusetts As TRAFFIC MANAGER for this manufacturing organization had complete responsibility for all aspects of transportation activities both via common carrier and private fleet op- erations. From 1966 held this position concurrent with activities described above. EDUCATION: Far Rockaway High School, Long Island, New York Graduated June 1949. College Preparatory. Queens College, New York, New York 1949-51 toward Bachelor of Business Administration. Additional courses in Transportation and Business Manage- ment. MILITARY StRVICE: U. S. Navy July 1951 - May 1955. Radio Operator. Received Honorable Discharge. AFFILIATIONS: Past President - Delta Nu Alpha - Transportation Fraternity Past Master - Watuppa Lodge,r;F. E. A. M. PERSONAL: Age: 45 Divorced, four children U. S. Citizen July 14, 1977 Height: Weight: Health: 5'9" 149 lbs. Excellent Available to relocate for suitable opportunity. Further details and references upon request. Page 7 EXHIBIT "B" July 12, 1977 Mr. Martin Bouman, Manager City of Palm Desert Prickly Pear Square Palm Desert, California 92260 Dear Mr. Bouman and Members of the City Council: I would like to list a few facts relative to the services provided by the Palm Desert Cab Company. 1. We have adhered to all provisions of the City of Palm Desert Taxicab Ordinance. 2. The City has not received any complaints as to our 24 hour service. 3. We have a commitment to serve residents of Palm Desert First. 4. Alleged statements that I refer business to other companies only occurs in out of the Palm Desert area when it is economically unfeasible, i.e. to pick up a passenger in Cathedral City who is only going a few blocks for a fare of $1.20. In instances of this sort I advise calling a cab from the Palm Springs area which would be much closer. The same applies to calls that come in from near Indio area. At no time on my calls do the residents of Palm Desert take second place. 5. Allegations made that Palm Desert Cab Co. has contracts outside of Palm Desert at reduced rates are false. I was solicited by the Eisenhower Medical Center Purchasing Department to present my bids for emergency services. This we quoted at flat rates commensurate with the 900 a mile meter rate. My bids were accepted and this contract was shown to the City Manager of Palm Desert and to the Code Enforcement Supervisor. 6. I have shown daily logs based on a typical day which will show that the revenue does not even give me a fair income. We have been in a building process where it will be some years before any profit will be realized. Contrary to all who would lead you to believe,there is not enough business in Palm Desert to warrant additional taxi companies. In addition the new bus service will cut somewhat into the business. 7. Both The City of Palm Springs and the City of Indio have long term franchise agreements in their respective cities. 8. I feel that we are providing the best possible 24 hour daily service in our City of Palm Desert. -Eespectfulli submitted, 6 ames F. Brown, President Palm Desert Cab Co., Inc. P. 0. Box 1931 Palm Desert, California July 14, 1977 Page 8