The URL can be used to link to this page

Home My WebLink About1/1/1944 - MINUTES 2450 1,,2IIlnJ7ES OF A REGULAR MEETING OF 7t3- CITY COUNCIL OF THE CI'PY OF PALM SPRINGS Held January 51 1944 The City Council of the City of Palm Springs held a meeting; in the Council Chambers known as No. 810.-North Palm Canyon Drive, in said City on '+Wednesday, January -5, 1944, at 7 :30 P .M. , the said day being the first Jednesday of said month of January.- ' The meeting was called to order by P,Iayor Shannon, who presided. Roll Call: Present: Councilman Eugene E. lherieau Councilman C. P. Adams Councilman John' M. Connell Councilman George A. Housman Councilman Philip L. Boyd Councilman rank W. Cutler IMayor F. V. Shannon City Attorney Roy IN. Colegate City I11anager Raymond M. Sorum City Clerk Louise McCarn Absent: None Draft of the minutes of the meting held December 22, 1943, ,having been distributed among the Council, was presented,, approved and ordered copied in the' minute, book. COMMUNICATIONS: The City Manager recommended for approval: 1. Retention of his title of Director of Public Works, together with ' the powers vested in him thereunder, in conjunction with his duties as City Manager. On motion by Councilman Cutler, seconded by Councilman Housman, Resolution No.', 1380 of the City Council, authorizing City Manager Sorum to retain the title of Director of Public Works together with the 'powers vested in him thereunder, in conjunction with his duties as City Mana-er, with compensation as provided under Resolution No. 1357 adopted by the City Council in the meeting of December 1, 1943, was- adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Mayor Shannon Noes : None Absent: None 2. ' 'Employment of Perle M. Swart as Assistant Director of Public Works . On motion by Councilman Boyd, seconded by Councilman Adams, Resolution No. 1381 of the City Council, approving employment of Perle Id. Swart as Assistant Director of Public, 'Norks at a salary of �225 per month, plus a monthly car allowance of p25.00, as authorized under Resolution No. 1371 adopted by the Council in the meting of December 8, 1943, effective as of January 1, 1944, it being understood that the duties of said position include serving as Assistant to the Director of Public Works in all the Director's duties except that only the Director of Public Works is to serve as Deputy City Engineer, was adopted by the follow- ing vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and ]Mayor Shannon Noes : None Absent: None 251, 3. Purchase of and change in surety bonds as follows: (a) A bond covering the City Manager-Director of Public Works in the sum of $2500.00; (b) a bond covering the Assistant Director of Public Works for, $1,000.00; and (c) change in the definition of Mrs. McCarn 's duties under her current bond from Acting City Manager-City - Clerk to City Clerk. On motion by Councilman Therieau, seconded by Councilman Cutler, Resolution 14o. 1382 of the City Council approving said purchase of and change in surety bonds as requested, was adopted by the follow- ing vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Mayor Shannon Noes : None Absent : None 4. Assignment of Floyd Wood to position of Foreman, De-)artment of Public Works and Deputy Building Inspector with an increase in salary. On motion by Councilman Cutler, seconded by Councilman Adams, Resolution No. 1383 of the City Council, approving assign- ment of Floyd .good to the position ofForeman, Department of Public Works and Deputy Building Inspector, with an increase in salary of 415.00 per month, to a total of $225.00 plus a monthly car allow- ance of '9A0.00, effective as of January 1, 1944, was adopted by the following vote, to wit: Ayes: Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Mayor Shannon Noes: None Absent: None 5. Repairs to Police Department radio system. The City Manager ex- plained that he had made a very thorough study of the matter and was convinced that with the installation of certain necessary I equipment now available the police radio system could be placed in good condition without further expense over the balance of the fiscal year, for a sum not to exceed � 350.00. On motion by Councilman Therieau, seconded by Councilman Cutler, Resolution No. 1384 of the City Council, approving an expenditure not to exceed a total of ::$350.00 for material and repairs necessary to restore the Police Department radio system was adopted by the following vote, to gait: Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and TLayor Shannon Noes: None Absent: None 6. Payment -for _overtime worked by- Waste Disposal employees in December in line with the procedure established under Resolution No. 1354 adopted by the City Council in the meeting of December 1, 1943. on motion by" Councilman 9herieau, seconded by Councilman Housman, Resolution No. 13B5 of the City Council approving pay- ments to 'Haste Disposal employees on account of overtime worked during December as follows_: Uniform Extra Work Total Extra - 2 day 'Xmas Extra Name Pave morning:� Britton, Frank �15.00 $5.00 $20.00 Godinez, Phil 15,00 5.00 20.00 Codinez, Tony 15,00 5.00 20.00 Velasquez, A. 15.00 5,00 20.00 Estrada, Ramon 15.00 5.00 20.00 - -Uniform -T??ctra Pa -- All men averaged nine ( 9) hours or over per day for month, for which they should receive $15.00 each. "-"Christmas morns - extra work day -- All men worked one-half day each on Or stmas morning, for which they should receive $5.00 each. 252 was adopted by the following vote, to wit: Ayes: Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Mayor Shannon, Noes : None Absent: None A letter was read from the Secretary of the Planning Commission recom- mending the Cityis -acceptance from Pearl T,T. McManus of a grant of right-of-way and easement for public purposes- over certain property in G Section 13. On motion by Councilman Cutler, seconded- by"Councilman Boyd, Resolution No. 1366 of the City Council, read in full by the City Clerk, accepting from Pearl 1.1. McManus- a -rant of right-of-way and easement for public thoroughfare and for public utilities over and across three,, parcels of land described as follows : Parcel A - The southerly rectangular 30 feet of Lots 22, 23 and 24 in Section 13, Township 4 South, Range 4 East, S. B. 13. & PT. , as shown by map of Palm Valley Colony Lands, on file in Book 14 at, page 652 of Maps., Records of San Diego County, California; Parcel B - The Northerly rectangular 30 feet of Lot 28 in Section 13,2o'wnship 4 South, Range 4 East, S. B. B. & T•,4. ,' as shown by map of Palm' Valley Colony Lands, on file in Book 14 at page 652 of Paps, records of, San Diego County, California; Parcel C - The Easterly rectangular 30 feet of 'Lot 23 -in ection 13, Township 4 South, Range 4 East, S. B. B. 8 Pd. , as shown by map of Palm Valley Colony Lands , on file in Book 14, at page 652 of Maps, records of San Diego County, California; and directing the City Clerk to place said grant of record with the Recorder of Riverside County, was adopted by the following vote, to wit: Ayes: Councilmen Therieau, Adams, Connell, Housman,' Boyd, Cutler and Mayor Shannon Noes : None Absent: None I A letter was read from the Secretary of the Planning Commission recom- mending approval of a, directional sign for the Community Church to be ,placed on the Northwest corner of Palm Canyon 'Drive and Bari.sto Road, and on motion by Councilman Therieau, seconded by Councilman ,Adams, and unanimously carried, Resolution No. 1387- of the City Council, granting to the Community Church permission for the erection of -a directional sign on the :Mcl:Tanus property at the Northwest corner of Palm !Canyon Drive and Baristo Road, under the direction of the Department of Public '; orlcs, was adopted. here there was some comment regarding directional, signs and a suggestion that the Planning Commission be reminded that from a standpoint of civic--pride it is most desirable to have all directional signs of the uniform accepted type of redwood.- Purely as a matter of information a letter was read addressed by the Secretary of the Planning Commission to the Assistant City Building Inspector advising that by resolution the Planning Commission had approved construction of sidewalk and curbing adjacent to the property at 766 North Palm Canyon "Drive, such construction to conform to the plan thereof previously submitted to the Commission. This being on the State Highway, there was no action talcen by the Council ' other than an unanimous expression of approval of the construction as contemplated. REPORTS : The following reports werepresented, examined and ordered. filed with the City Clerk: 'Treasurer and Police Department for December; comparative ,report by the Fire Department for 1942-43; fund statement; as of January 5, 1944, by the City Clerk. The Public Safety Committee was not prepared to report on applications for dance permits by the Cue Club and the Harlem Society Club Cafe. NJE1,V BUSr,IhSS: A letter was read from the Chairman of the Recreation Commission requesting approval of an expenditure of ijj.135 .18 from the Recreation Fund for boxing arena construction at the Field Club. A copy of the minutes of the meeting of the Recreation Commission of January 5, 1944, was attached to the communication. Discussion developed that 1,239.35, representin! the final bank balance of the Junior Chamber of Commerce, defunct for the past three years, had been turned over to the City for recreation purposes as a contribution to the Recreation Fund through I',Ir. Eugene E. ' Therieau, Last Past President of the Junior Chamber of Commerce. On motion by Councilman Therieau, seconded by Councilman Cutler, Resolution No . 1388 of the City Council approving the expenditure of �"'P'135 .18 from the Recreation Fund for materials and construction in connection with the boxing arena at the Field Club, was adopted by the following vote, to wit: Ayes: Councilmen 'Theri_eau, Adams, Connell, Housman,' Boyd, Cutler and Mayor Shannon Noes : None Absent: None A Register of Demands was presented, examined and approved by the Finance Committee, and on motion by Councilman Therieau, seconded by Councilman Housman, claims and demands numbered PR-445 through PIt-502 and 4959 through 5013 were approved and ordered paid by warrants drawn on theCity Treasurer by the following vote, to wit: Aves : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Mayor Shannon Noes : None Absent: None A Register of Demands for payment out of the- FWA Project Account was presented, examined and approved by the Pinence Committee, and on motion by Councilman Therieau, seconded by Councilman Cutler claims and demands numbered 1 through 16 were approved and ordered paid by warrants drawn on the City Treasurer by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Housman,- Boyd, Cutler and Ir'Iayor Shannon Noes : - None Absent: None Included in the General Fund demands was Warrant No. 4959 in the amount of .�p1210.00 paid to the Mack-International Motor Truck Corpora- tion due January 1, 1944, under the lease with said corporation covering one (1 ) Mack, model 05, 1000-gallon trip'_e combination pumping engine chassis No. 95S 1001, LhZine No. EP-9-70F. The Mayor announced that he had signed this warrant with the City Clerk and City Treasurer on December 31, 1943, upon advice of the City Attorney to the effect that since payment was due on January 1, the warrant should be issued on December 31. On motion by Councilman Boyd, seconded by Councilman Therieau, Resolution No. 1390 of the City Council transferring $212.50 from , the 4-Cent Gas Tax Fund to the Street Fund was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Mayor Shannon Noes : - None Absent : None On motion by Councilman Cutler, seconded by Councilman Adams, Resolu- tion No. 1391 of the City Council transferring $106.80 from the J,- Cent Gas Tax Fund to the General Fund was adopted by the following vote, to wit: - - Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Mayor Shannon Noes : None Absent: None #y /'" 1 on motion by Councilman Housman, seconded by Councilman Connell, Resolution No. 1392 of the City Council transferring $r600.00 from the General to the Street Fund was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Mayor Shannon - Noes: None Absent: None There being no further business, on motion by Councilman Cutler, seconded by Councilman Therieau, and unanimously carried, the meeting adjourned .to January 19, 1944, at 7 :30 P.1f,. `kn c C City Clerk 1UNCUTES OF AN ADJOURNED SLEETING of THE CITY COUP?CIL OF TI'IE CITY OF PALM SPRINGS IIeld January 19, 1944 The City Council of the City of Palm Springs held a meeting In the Council Chambers known as No. 810 North Palm Canyon Drive , in said City on Wednesday, January 19, 1944, at 7 : 30 P.M. , pursuant to adjournment of the meeting held January 5, 1944, The meeting was called to order by Mayor Shannon, who presided. Roll Call: Present: - Councilman yligene_E. Therieau Councilman C. P. Adams Councilman John M. Connell Councilman George A. Housman Councilman Philip L. Boyd Councilman Frank W. Cutler Mayor F. V. Shannon City Manager R. M. Sorum City Attorney Roy J. Colegate City Clerk Louise McCarn Absent: None Draft of the minutes of the meeting held January 5; 1944, having been distributed ,among' the Council, was presented, approved and ordered copied in the minute book., C0P8MI?ICATIONS: A letter was read from the Chairman of the Zoning 3oard, City Planning Commission, informing the Council that the Board had voted to rgrant- a variance in zoning restrictions to California Electric Power Company for construction ofa substation, with appurtenances , on the company 's parcel of land two blocks south of Ramon Road (as described In detail In the company ' s application for zoning ''variance and outlined in maps and plans submitted with the application) . The maps and, plans were studied by the Council. No action by the Council. A letter was read, addressed to the Mayor by Earl E. Gibbs, tendering, his resignation as Director of Civilian Defense because of his having been commissioned to service in the United Statds Navy, and suggesting that his Assistant, Clarence Hyde, assume the, duties of Director of Civilian Defense. on motion by Councilman Connell., seconded by = Councilman Adams, Resolution No. 1393 of the City Council, approving the Mayor 's acceptance of Yr. Gibbs ' resignation as Director of Civilian Defense, effective immediately, was adopted by unanimous vote. 255 And on motion by Councilman Therieau, seconded by Councilman Housman, Resolution No . 1394 of the City Council approving the Mayor 's appointment of Mr . Clarence Hyde as Director of Civilian Defense, was adopted by unanimous vote. The City Manager recommended: 1. Some procedure to increase penalty for violation of those safety re-gulations which require that exit doors in all places of public assembly (including eating places) be unlocked .at all times when the premises are in use by the public. After some discussion the City Attorney was instructed to prepare the necessary amendatory ordinance to correct the situation. 2. A change in present parking regulations : (a) To change , the "No Parking" zone in fromt of the Carnell Building to permit parking from 116:00 P.M. to 6 :00 A.M. " (b) To so change the curb painting in front of Plaza Theatre as to prevent parking there. (c ) To remove the white -paint from the curb in .front of the premises at 217 North Palm Canyon Drive in order to make said space available for parking purposes. After some discussion Councilman Therieau as Chairman of the Public Safety Committee announced that the committee was agreed in approving the changes as recommended and it was thereupon unanimously agreed by the Council that changes in parking regu- lations should be made as outlined above. Here discussion developed that there is considerable violation of traffic regulations by double parking and triple parking in front of the post office, which was brought to the attention of the Chief of Police, present in Chambers , who informed the Council that his men have made several arrests for .this offense. REPORTS: The following reports were presented, examined and ordered filed with tree City Clerk: Comparative statement of Receipts, Disbursements and Balance Anticipated as Against QNT& �gptimates, for six months ending December 31, 1943, together with Auditor 's Fund Recapitulation Statement as of December 31, 1943; Minutes of the January 4, 1944, meeting of the Palm Springs Public Health Center Board of Trustees . NElV BUSINESS: After some discussion of the necessity for going on record with the State War Council before February 4, 1944, that the Palm Springs Defense Council is so organized as to qualify with the State as an "Accredited Civilian Defense Organization, " an ordinance entitled "An Ordinance of the City of Palm Springs, creating a Department of Civilian Defense, providing for the organization, powers and duties thereof, and repealing Ordinance No. 128, " was introduced by Council- man ''iherieau. On motion by Councilman Adams, seconded by Councilman Connell, and unanimously in full was waived. carried, the first reading of said ordinance The franchise previously granted to Tanner Motor Livery having expired, the City Attorney explained theprocedure necessary to a renewal thereof. After some discussion, an ordinance entitled "An Ordinance granting to Tanner Motor .Livery, as a corporation a Franchise authorizing the operation and maintenance of an automobile passenger transportation service, for a period not to exceed five (5) vears, over, along and upon all streets of the City of Palm Springs, " was introduced by Councilman Cutler; and on motion by Councilman Boyd, seconded ,by Councilman Housman, and unanimously carried, the first reading in full of said ordinance was waived. r �56 The minutes of ',a special meetin= of the Recreation Commission, of January 17, 1044, were here presented and read in full by the City Clerk. The minutes recited specific recommendations to the Council .from the Commission. The City i7anager and the City Attorney explained in detail the established procedure which prevents the Commission, the Field Club Director, and similar governmental sub- divisions, departments and employees, from incurring indebtedness in the name of the City. After some discussion the following action was taken on the various recommendations recited in the minutes : On motion by Councilman Cutler, seconded by Councilman Housman, Resolution No. 1395 of the City Council, approving creation of a ' petty cash account in the sum of Twenty-five Dollars -(1N25'.00) from the moneys in the Recreation Fund, to be handled by the Field Club Director , and accounted in 'detail by him to the City Clerk, at tho close of each calendar month, and the total twenty--five Dollars (y25 .00) to be returned to the City Treasury, and the petty cash account closed on or before June 30, 1944, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Mayor Shannon Noes : None Absent: None_ On motion by Councilman sutler, seconded by Councilman Ther] eau, Resolution No. '1396 of the City Council, approving disbursement from the Recreation Fund of 4}6.46 to the Desert Sun, in payment for tickets printed for the Recreation Commission Dance February 8, 1944, was adopted by the following vote, to wit: Ayes . Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and P;Tayor Shannon Noes : None Absent: None On motion by Councilman Cutler, seconded by Councilman Adams, Reso- lution No. 1397 of the City Council, approving the purchase from the Recreation Fund of a surety b.ond covering 1•Tr. I;ennett, Field Club Director, was adopted by the following vote, to 'wit: Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutle r and Mayor Shannon Noes : None Absent: None On motion by Councilman Cutler, seconded by Councilman Boyd,, Reso- lution No. 1303 of the City Council, approving an expenditure from the Recreation Fund not to exceed One Hundred Fifty Dollars (�'P'150.00) for the lumber needed in construction of a boxing arena at the Field Club was adopted by the following vote, to wit: Ayes : Councilmen 'Therieau, Adams, Connell, Housman, Boyd, Cutler and 'Mayor Shannon Noes : None Absent: bone' Here there wasdiscussion concerning the possibility that the commit- ments above recited might exceed the moneys available in the Recreation Fund and Councilman Cutler informed the Council that the ill Recreation Commission had considered this possibility and wished the Council to understand that the members of the Commission stand ready to underwrite any such obligation personally. Councilman Boyd referred to the City' s policy concerning liquor licenses and read from a chronology covering the record of the City' s action -on the subject, with s_�ecial reference to the Cit� 's most recent protest to the State Board of Equalization: against - - issuance of a license to Dan Platkin after the City's protest, some t"irre prgvious, to the State Board concerning a limitation on licenses in Palm Springs, which latter protest had never been acknowledged by the State Board. After some discussion it was unanimously agteed 257 that the Mayor should address a letter to LIr. William G. Bonelli of the State Board, representing this Fourth District, requesting of Mr. Bonelli an expression as to the reason for ignoring our most recent protest, and requesting that the Council be informed as to the necessary procedure for registering such a protest and obtaining a hearing thereon; further that the letter should be so framed as to make clear to Mr. Bonelli and the State Board that the statements therein voice the sentiments of the whole council. There being no further business, on motion by Councilman Therieau, 1 seconded by Councilman Cutler, and unanimously carried, the meeting adjourned. City Clerk MINUTES OF A SPECIAL IfEMTINC OF TFE CIT`f COUNCIL OF THE CITY OF PALM SPRIiIGS Field January 25, 1944. The City Council of the City of Palm Springs, California, held a special meetintr in the Council Chambers, 810 North Pala! Canyon Drive, in said City, on January 25, 1944, at 10: 00 o 'clock A.Il. , pursuant to call by the Honorable F. V. .Shannon, Y,�,,* or, dated January 22, 1944., 1 The meeting was called to order by Mayor Shannon, who presided. Roll Call: Present*- Councilman C. P. Adams Councilman John M. Connell Councilman George A. Housman Councilman Fran1: N. Cutler Mayor F. V. Shannon City Manager R. 10. Sorum City Attorney Roy W. Colegate City Clerk Louise McCarn Absent: Councilman Therieau Councilman Boyd The -call by the Mayor was- read as -follows :- "CALL AIM NOTICE FOR A SP7iCIAL IT' sTINC OF THE CITY COUNCIL OF T�TF CITY OF PALM SPHINrS "To the members of 'L-he City Council of the City of Palm S'prings, California: "Notice is hereby given that I, the undersigned Isfayor of the City of Palm �pring•s, do hereby call a special meeting of the City Council of the Citv of Palm Springs , California, to be held at 10: 00 o 'clock A.Iv. , Tuesday, January 25, 194.4, in the Council Chambers, No. 810 North Palm Canyon Drive, in said city, such be-in-7 the place where the City Council is accustomed and by ord.i_nance required to hold meetings, for the _following purposes : '11. Adoption of a resolution framed as outlined in Bulletin No. 19 of the California PTar Council - this action being necessary to cover our Palm Springs Civilian Defense volunteer workers under State Compensation; "2. To consider and act upon an application from Los Compadres ( local riding club) for permit to have a parade over city streots January 30, 1944; �58 "And for such other business as the City Council may Ira Bally transact. ":v ITN;:S3 my hand this 22nd dad* of January*, 1944. "(Signed) F. V. SHA'T,TNON, Mayor of the City of Palm uorin7s , California. " There was then presented Consent and "iaiver a- Notice in writin ^, signed by members of the City Council and filed with the City Clerk ' prior to the meeting, as follows : 1110 the undersi ned., member of the City Council of the City of Palm Springs, hereby consent to the holding of a special mooting of the City Council of the City of Palm Springs at the Council Chambers, No . 810 North Palm Canyon Drive, in the city of 2alm Springs, at 10:00 o 'clock A.It4. , Tuesday, January 25, 1944, for the purpose of> and to consider and act upon the matters specified in the Call and Notice for such meeting made and signed by the Honorable F. V. Shannon, Mayor of the City of Palm Springs, on January 22, 1944, service of which notice is 'hereby acknowledged, and I hereby waive all further notice of such meeting. "V9ITNESS my hand this 22nd 'da�T of January, 1944. " (signed) Eugene E. 'lherieau " C . P . Adams If J. M. Connell f1 George M. Housman " Philip L. Boyd Prank W. Cutler ii F. V. Shannon (each) Member, City Council o ' the 'City of Yalm Springs, California'} Said Call and Consent and Naiver of Notice having been examined by the members of the Council, and being considered sufficient for the purpose thereof, the r.eetin. was unanimously declared convened. A resolution, framed as outlined by the California State '.Jar Council, pursuant to the Iviilitary and Veterans ' Code, W tions 15966-1597, Chapter 920, Statutes 1943, for the purpose of having our local Civilian Defense Council certified by the State 17ar Council as "an accredited Civilian Defense organization, " and all volunteer Civilian Defense workers (including volunteers working in Red Cross and War Bond drives e,nd similar activities ) registered with our local Civilian Defense organization, protected while so working, under State Workmen's Compensation, was read in full. And on motion by Councilman Connell, seconded by Councilman Housman„ Resolution No . 1399 of the City Council, whereby the--City- Council agrees to follow the rules and regulations established by the California State '.oar Council, as above described, and instructing the City Clerk to send two certified ,copies of said Resolution to the California State War Council, was adopted by the following vote, to 'wit: Ayes: Councilmen Adams, Connell, Housman, Cutler and Mayor Shannon Noes : None Absent: Councilmen Therieau and Boyd Here Councilmen Therieau and Boyd entered and joined the meeting. The Mayor (as Chairman of the Palm Springs Council of Civilian' ]Defense) announced that he would later appoint two officers to fill the vacancies now existing in the Civilian Protective Services and the `gar Services, so that said officers might be named in the roster of Civilian Defense sent to the State War Council with the certified copies of the resolution just adopted and certifiedcopies of our current Civilian Defense Ordinance No. 12e. 259 A letter was read from I,1r. H. C. Moseley, of Los Compadres (local riding club), requesting permission of the Council to have a parade Sunday, January 30, 1944, in connection with the Club 's program for that day in furtherance of the War Bond Drive. After some dis- cussioni on motion by Councilman Housman, seconded by Councilman Adams, -Resolution-No. 1400 of- the City Council, granting permission to Los Compadres to hold a parade as requested, starting at 1:00 P. B . that day, on Ramon Road Horse Trail at Indian Avenue, east thereon to Sunrise Viay Horse 'Frail, north thereon to Rogersf Rance, with 1 permission for two round trips on Palm Canyon Drive by Rogers ' Coach, drawing the club 's chuck wagon, ridden by a band and a speaker announcing the program and parade, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Housman, Boyd, Cutler and Miayor Shannon Noes: None Absent: None There being no further business, on motion by Councilman Cutler, seconded by Councilman Therieau, and unanimously carried, the meeting was adjourned. City Clerk MTNjTTTEES OF A REGULAR M PETING OF TIi15 CI1 C=NCIL OF 7F7� CITY OF PALPT SPRINGS Aeld February 2, 1944. The City Council of the City of Palm Springs held a meeting in the Council Chambers kno-xn as I'To. SIC North Palm Cenyon Drive, in said City on Viednesday, February 2, 1944, at 7 :30 F',i;'. , the said day being; the first 'viednesday of said month of Februa-sir. T11e meeting was called to order by Mayor Shannon, who presided. Roll Call: Present: Councilman C . P. Adams Councilman John 1,1. Connell Councilman Philip L. Boyd Councilman Frank W. Cutler Mayor F. V. Shannon City Attorney Roy W. Colegate City 147anal-er Raymond P•iI. �orlim City Clerk Louise McCarn Absent: Councilman Eugene E. T?,erie.au Councilman George A. Nousman Drafts of the minutes of the meetin`s held January 19 and 25, 1944, having -been distributed among the Council, were presented, approved, and ordered copied :in the minute book, ITere Councilman -Lioricau entered_ and- joined the -meetin7. C 01,91,7UN1 CA,,I ORT."i The City 1!?anager recommended .for ap_oroval : 1. That the unused balance of twenty-six and 30/100 Dollars (0�6.30) standin'- in the Tamarisk Road Tree Fund be transferred to the Street Fund for street sign purposes . On motion by Councilman Cutler, seconded by Councilman Adams, Resolution No . 1401 of the City Council a,pprovin, said transfer of Twcnty-six and 30/100 Dollars (,, 26.30) to the Street Fund for street sign purposes, was adopted by the following vote, to „✓li.t : 2,60 Ayes : Councilmen 1'herieau, Adams, Connell, Boyd, Cutler and 'Mayor Shannon Noes : None Absent: Councilman Housman 2, Riat the salary* of the Street sweeper be increased , jl15.00 per month, and on motion by Councilman Connell, seconded b-r Councilman Boyd, - Resolution 1TO. 1402 of the City Council approvir. increase in the street sweeper !s salary of - w15 .00 to a total of, 41r,5. 00 oer month, effective February 1, 1944, was adopted by the followinE vote, to wit: Ayes: : Councilmen lherieau, Adams, Connell, ' Boyd,, Cutler and a4ayor Shannon Noes : Drone Absent: Councilman Housman 3. Payment to Jaste Disposal employees for overtime ororl:ed in January in line with the 'procedure established by Hesolution No . 1320. On motion byr Councilman 'Cutler, seconded by Councilman Connell, Resolution ITo . 1,103 of the City Coiuncil approvin- overtime payment to lrlaste Disposal employees as Der the followin,3 schedule , Uniform Uniform extra pay- of 1'?20 each to the following, named emnloy*ees :, Frank Psitton Phil Godinez Ramon 7strada Tony Godinez A. Velasquez =A11 men avera;od nine ( 9) hours or over per day for the month, plus _pay for additional tir:orl.: due to increased volume - for which they should receive ''J20 each. was adopted by the follo,a✓inF, vote, to t-Tit : Ayes : Councilmen '1herieau, Adams, Connell, ' Boyd, Cutler and Hayo'r Shannon hoes : Prone Absent: Councilman Housman Here Councilman Boyd brou-ht out that he would be clad to 'fiirni-sh some four or five thousand tarnarislc tree cuttinF,s to the United ;tales EnI-Ineers, for plantin ; around their waste disposal plant, and Councilman Connell a„reed to convey this information to the United States ';nTinoers adding* t'iat i,L was his understandinE that t'ie EnZineers were now nlannin` a promram which included ol.antin_, trees at iJnited States `=orney C-eneral Tiospital 'as itell as at their -.-.,rite disposal plant. 4. To simplify our bookkeeping as su7Zested by the City 's Auditor, to di.sconse with current practice of rnakinrr fund transfers by individual -resolutions coverin- each transfer, and. adopt instead a blani,et resolution coverin future transfers by council aorzroval . On motion by Councilman Loyd, seconded by Councilms,n cutler, Resoli.ation 1To . 1404 of the City Council anprovi.n discontirm.ance of t'�o present practice of r egn.irinre a Co,,incil, resolution to cover each fund transfer, and aJ thorizin- instead. L'iat future transfers be made by Council approval similar to the rr'esent °)ractice of apnrovin�, .the Ke;ister of Dem^nd.s for rayraent, and directing the City C1ort to so cer�tiPr to the City l'reasurer, was adopted by the follow ng vote, to 'wit: Ayes : Councilmen 'I"ierieau, Adams, Connell, Boyd, Cutler and i,hayor Shannon Noes : Yone Absent: Councilman housman 5. Acceptance of the resitnation of Police Officer J. 0. Li.nth:i_curia. On motion by Councilman Connell, seconded 1)�I Councilman Adapts, f.csolution No . 1405 of the City Council approving acceptance of U,ne re,,,,Ignation of i'olice Officer J. 0. Linthicum, effective January* 20, 1944, p„rrsuant to advice and recellpt of cony of rest`nation from the Chief of Police, was unanimously adopted. 261 Here t_.ore was some discussion concerning a contribution of �;ti20.00 toward the salary of a stenographer at the Rationing Board for the month of January. The City dlerk read, a letter on the subject from the Chairman of the Rationing Loard, No further action was required, the payment having been authorized under Resolution No . 1366 adopted by the City Council in the meeting of December S, 1043 . REPORTS: 1 The following reports covering the month of January were presented, examined and crdered filed with the City Clerk: Treasurer, Police Department, and City Clerlcts fund Statement. The minutes of the meeting of the Recreation Commission Ir ld January 31, 1944, were read by the City Manager. Recommendations were made to the City Council for the following payments : §£0.00 for an orchestra for the dance to be given February 3; and 'y1. 00 each to Corporal Raymond Bowler and Pfc. Chester Hansen for carpentry work: at the Field Club. Ele.re a letter was read by the City Clerl: from the Chairman of the Recreation Commission recommenden" that the City Council appropriate a ,su-m of .j!500.00 to the Recreation Fund with authority to the City Manager "to authorize purchases chargeable to the Recreation Fund as he has in anthorizjng purchases chargeable to other City ends" e Mayor called upon Mr. ClZaffey, Chairman of the Recreation Commission present in Chambers, who spoke at length on the subject matter of the letter. Considerable discussion followed with the result Vnat on r11otion by Councilman Boyd, seconded by Councilman Cutler, Resolution 1;o. 1406 of the City Council ap:orovin,g an a_) _oropr_i.atinn in the sum of N300.00 from the "encral Fund to be transferred to thn Recreation I'1,1rd for f__e p"r_ooses' described In tile letter from the Chairman of the Recreation Commission, was ador> ted by the folloWin`, vote, to wit: Ayes : Councilmen 'T-2crieai,., Adams, Conner, Boyd, Cutler and ?Mayor Shannon Noes : None Absent : Councilman IIousman i?iI?FIWISEED 13 TSIT,, Ordinance No. 144 of the City Council entit]nad, "1,n Ordinance Granting to Tanner Motor Livery, as a corporation a 1�'randhise Authoriztngc the Operation and rvlaintenance of an Automobile Passenr•er Transoortation Service, for a Period not to Oxceed Five ( 5) Years, Over, Along a-cd Upon all Streets of the City of Palm Springs " (commencing Septe;nber 1, 1943) , introduced in the meeting of the City Council held January 19, 1944, when the first reading of thn ordinance was waived, was read in full by the City Clerk, and on motion by Councilman Boyd, seconded by Councilman 'Therieau, passed by tiro followingI vote, to wit: Ayes : Councilmen Inerleau, Adams, Connell, Boyd, Cutler and Mayor Shannon Noes : None Absent : Councilman Housman The application of the C,1e Club for a dance permit ,vas discussed and the s,iayor adjoi.irned the meotinr; for five minutes to permit the ?Zu)Iic Swot;* Committee to compose a 'report oC -its findin-s follow- ing a recent inspection or the Ir anises in question. After five minutes the Mayor called the meeti:nt,- to order and Councilman Tasrieau, as Chairman of the Public Safety Committee , reported that the Committee- had insx cteu the Cue Club oremises in company with the Citr manager and Fire Chief, t',at as a result t'_le Committee recommended that a dance permit be mranted to the Cue Club. Upon motion by Councilman Boyd, seconded by Councilman Connell, 'rtpsolution T*o, 1407 0£ the City Council, granting a dance permit to the Cue C111b, was adopted by the following vote, to grit ' Ayes : Councilman Therieau, Adams, Connell, Boyd, Cutler and Hlayor 1S'hannon hoes : Aone Absent: Councilman Housman 62 here followed some discussion concerning, clarificalUon of tl^ ril,les and re; u.lati.or.s rovernin`- ds3.ncin,T, part_i.ci.tlarly 1tri1'n r-e"^.rd to the provision ti-lat premises -where dancing is pormitted be closed Off from an adjoining bar., `idhereupon the 'Iayor referred the matter to the Public Safety Committee for study and report at the; nest Council meeting. , IT.Ii15'I 3'IT SIITLSS : The Secretary of the Planning Coln;.ission referred to the recent ' Plannin-Z 0orcnissien hearing ,upon the zone variance denied Cortrude Y. Enowles et al by the Zoning Board, stating Chat as a result, of the Board' s findings it zaould be necessary for the City Council to hold a -oublic hearing on sal-d aonlication .for zoning' varlance, at the ne..t Council meeting, after due notice thoreof to the 1�1)blic ten da;yrs in a� .vanco of said council mectin _. 'Thereupon tl=e City Clerk read in full t1!e i'otl.ce, of Public rearing on said Application for 'Zoning Variance, to be held at 3:15 p .rn. , Uobrr- ar,r 16, 1944, the nesL moeton^ of 1.,110 City Council, and. the City Clerk ,vas instructed to publish said notice in Lhe nest issue of , the Palm Bprinrs Limelight News, February 4, 1944. A register of de;-.,ands was presented, examined and ap,�)roved' by the Finance Committee and oh motion by Councilman herieau, seconded by Councilman Boyd, claims and demands numbered PR-503 throu;lr 2R-540 and 5014 through 5050 were approved and ordered oai.d by ;varrants drawn on the City Treasurer, by the fbllowinT; vote, to wl. t : Ayes : Councilmen rherieau, Adams , Connell, Boyd, Cutler and lrlayor .Shannon Noes : None Absent : Councilman Housman A register of demands was presented, examined and approved by the Finance Committee, for paTlinents ,from the I-1171A Project Account, and on motion by Councilman Therieau, seconded by Councilman Outler, clai!ns and demands numbered 17 through 22 were approved and ordered raid by warrants drawn on the City Treasurer, by the follo%rrin� vote, to wit : Ayes : Councilmen `i'lierioau, Adams, Ccnnell, Boyd, Cutler and Mayor Shannon ='does : i;one Absent : Councilman Housman Transfer of `j600.00 from the '�' v eneral Fund to the 2treet Fund as a}r?roved as provided. under the terIIS Of Resolution ido. 1404 adopted as hereinbefore recorded. On motion by Councilman Cutler, seconded by Councilman Boyd, ' lesolution 11o. 1403 of the: � ity Council a-saroving payment from Lhe Recreation Fund of 511. 00 each to Cor?oral iiayraqnd Bovrler and Pfc . Chester Manson for carpentry work done at the ='field Club, said pay- mont to qualify them under state Compensaaion Insurance, was acl_opted by the follo:.rin-, vote, to wit : Ayes Councilmen lhcriea . , Ada,:^s , Connell, Boyd, Cutler and Mayor Shannon Noes : II'one Absent : Councilman Housman On motion by Councilman Boyd, seconded by Councilman Cutler, heso- lution Yo. 1409 of the city Council approving, paymenL of tJ20. 00 from the recreation lkind- for the orchestra for the Recreation _ dance February 3, was ,adopted by the following vote, to grit : "yes : Councilmen 'lherieau, Adams , Connell Boyd, Cutler and T;Iayor Shannon, _ Noes : None Absent:. Councilman ilousman 263 On motion by Councilman Boyd, seconded b�,7 Councilman Cutler, Reso- lution No . 1410 .requestinE the City; ManaC;er to prepare £or t`ze Council meeting i'.arch 1, 1044, a simple statement of the financial condition of the City as of December 31, 1043; that this statement include a classification of actual expenses of the City for the first six months of the fiscal year, and the estimated second six months ' expenses - to be compared with the estimated annual revenues, revealing; an estimated surplus or deficit according to indications as of this date, was unanimously adopted. ar, Ilenneth Kirk, present in Chambers, addressed the Council stating that he repr. esonts the Home Owners ' League of Palm wrings, and in behalf of the League requested that theCity cons_d.er adoption of an ordinance _:-rcviding for inspection and regulation of trucks delivering good, fertilizer, etc . , within the City of Palm Springs. The il.ayor referred the matter to the Council gen eral Committee for study and report at the next Meeting of the Council. There 'being, no forth-r business, on motion by Councilman Theri_eau, seconded- by Councilman Collar, and unanimously carried, the meeting adjourned to February 16, 1944, at 7:30 P.H. C City Clark 1,M]UTES OF A SPECIAL PREETINC OF 'I'f3F; CITY COUNCIL OP THE CITY OF PALM SPRINGS Held February 11, 1944 The City Council of the City of Palm Sprin`zs,. California, held a special meeting; in the Council Chambers, 310 North Palm Canyon Drive, in said City; on February 11, 19,14, at 10: 00 A,"1 . , pursuant to call by the Honorable F. V. Shannon, 1:4ayor, dated February f3, 1944. The meeting was called to order by ITayor Shannon, who presided. Ho11 call: Present : Councilman Eugene E. Therieau Councilman C . P. Adams Councilman John Jul. Connell Councilman George A. LTonsman Councilman Phili_o L. Boyd Councilman Drank 1,1,,-tler Mayor F. V. Shannon City Attorney Roy W Colegate City Manager R. IF. Serum City Clerk Louise 1,1cCarn Absent: None The call by the Mayor was read as follows : "CALL AT.TD NOTIC 0 L10k !, 'i],'CIAL T T?ETI`TC OF TITS' C177 C CITTT?CI L 01�' rl'L E CTT7I 0 FAL1,7 SPRINGS "To_ the members of the C_-ty Council of the City of Palm Springs, California: °NOTICL is hereby given that I, the lindersi.gned Trayor of the City of Pa jprinF�s, do hereby cs.11 a special meeting of the City Council of the City of Palm SprinSs, California, to be held at .64 10: 00 otclock A.M. Friday - February 11, 1944 in the Council Chambers , No . 810 North Palm Canyon Drive, in said city, such being the place where the City Council is accu,ctomcd'l and by ordinance required to hold meetings , for the follolwing purposes : 11To consider the issuance to the State Board of L+'gnalizati_on of a protest concerning the granting of an additional liquor license within the city of Palm Springs ; "And for such other business as the City Council may legally transact. '1':VITNSSS my haand this 8th day of Z ebruary, 1944. !I (Signed) F. V . SUATMON, M2yor o.° tho City of Palm :3;)rings, Californian There was then presented Consent and ;aiver of Notice in writing,, s1-r7ned by members of the City Council and filed with the O'2ty C]c rk prior to the meeting, as follows : ttl, t'ie undersigned, member of the City Council or t"le City of Palm Sprin-s , hereby consent to the holding of a special meeting of the City Council of the City of Palm 5princ_s a'a the Council Chambers, No . 810 '_�Zorth Palm Canyon Drive, in the City of Palm- oprings, at 10: 00 otclock A.Y. , Friday, February 11, 1044, for tiie p»rnoses and to consider and act upon t',le ,natters snec:ified in the gall and Notice for such meeting made and si�,ned by Vie Honorable Y. V. Shannon, ;.4ayor of the City of Patin Spri-n�Ts , on February 8, 1944, service of which notice is 'Hereby ackno,raladmed, and I hereby waive all further notice of such meeting*,. "'idIl'N::SS my hand this 8th day of February , 1944. tt,(S! fined) Eu ';ene Theriean tt C. P.� Adams n - J. I:4. Connell " George A. I1ousman if Philip L. Boyd n D'ranh: 4. U'l,,ti er P. V. Shannon ( each) ".Tenber, City Council of V o City of Palm Springs , Cal iPorniatt Said Call and Consent and 'd'veiver o C i,io lice ',�avin(r been e.�:amined by Ift,'a members of the Council, and being considered slifficien t for the ourpose thereof, the racetin was unanimously declared convened. 'The application £or On ,Sale Leer License by 'E'lrio C . -poster, dolnF, business as Don Carlos Cafe ,, 896 Sout1 palm Caic,lon T)rive, -uas considered, as follows : Size Yayor called upon, tie Chief of Police who road a re )orl, sent hi-m b- t'ie State Bureau of Criminal Identification showing afi,ilicantts criminal record commencinrr in 1033. Auer so,lie dis- cussion the City Attorney informed the Council that under the law the Chief of Police could protest issuance of a license to an applicant in addition to and separate from any protest filed by t'_ie Council. The Chief of Police stated that he world proceed at once to file a protest against issuance of a li-cense to applicant. Discussion developed_ an expression of unanimous agreement that the Council, in support of Council Resolution No. 1330 adopted November 3, 1943, (requesting of the State Board that a limitation be placed on liquor licenses in Palm I )rin, $ ) - should protest applicant 's request for a license ; further, that 26#E the particular application here under consideration by the Council should be protested on every oossi.hle ground In view of the appl_icantls previous record in Yaln Spr. in7s and elsewhere within the State . And on motion by Councilman Boyd, seconded by Councilman Ilonsman, Resolution No. 19-7.0 of the City Council atzthorizin the pre:,)aration Of a protest a;-2inst tile issu�.nce of On Sale Bot r License to said Elmo C . I''ostor and instructin- the Uit7 C1ork to forward sa,,�e at once to t'ze State -oard of Eqi. alization, was adopted b7: the followingr vote , to grit : Ayes : Coi1-ncilmen lner.ieau, Adams. Connell, 1T_oisman, Boyer, �'utic.r and iiayor Shannon i,�oes : None Abs,int: hone ' here being, no Cri-tier b>>sin� ss, on motion by f;ourIc11, in Cutle=r, seconded b-i Coi_incilman '"onnell, and unaninlons17* carried, the meeting was adjourned. City Clerk MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held February 16, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No. 810 North Palm Canyon Drive, in said City on Wednesday, February 16, 19440 at 7:30 P.M., pursuant to adjournment of the meeting held February 2, 1944. In the absence of the Mayor, the meeting was called to order by the City Clerk. Roll Call: Present: Councilman Eugene E. Therieau Councilman C. P. Adams Councilman John M. Connell Councilman George A. Housman Councilman Philip L. Boyd Councilman Frank 11. Cutler City Attorney Roy W. Colegate City Manager R. M. Sorum City Clerk Louise McCarn Absent: Mayor F. V. Shannon Immediately following roll call on motion by Councilman Adams, seconded by Councilman Connell, Resolution No. 1413 of the City Council request- ing Councilman Boyd to preside over the meeting was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Housman and Cutler Noes: None Absent: Mayor F. V. Shannon Not voting: Councilman Boyd Whereupon Councilman Boyd took the Chair and presided during the balance of the meeting. Drafts of the minutes of the meeting held February 2, and of the - Special meeting held February 11, having been distributed among the Council, were presented. Councilman Cutler mentioned that there was an error in the minutes of February 2 in the next to the last paragraph with reference to "an ordinance providing for inspection and regulation of 'out-of-towns trucks delivering wood" etc. , in that the words "out-of-town" were in error since the regulation re- quested was intended to, apply to any trucks making such delivery within the city of Palm Springs. Whereupon the.- minutes were approved subject to said correction. The minutes of the Special Meeting- of February 11, were also approved. Both sets of minutes were ordered copied in the minute book. COMMUNICATIONS: A letter was read from Assemblyman Dilworth expressing belief that before long Palm Springs might have the services of a State , Department of Motor Vehicles Examiner as recently requested of him. A letter was read from the Palm 6prings Realty Board requesting the Council to consider the appointment of Board members on the City Planning Commission. The City Clerk was instructed to inform the Realty Board that the matter would be brought to the attention of the Mayor in order that he might have the Board's recommendation available at such time as he should find occasion to consider appointments for Planning Commission vacancies. A letter was read from l'orney General Hospital Post Engineer re- questing permission to install a guy wire and anchor on the srnzth side of Paseo E1 Mirador. A sketch of the premises was submitted with the letter. After some discussion the matter was referred to the City Manager for investigation and report at the next meeting of the City Council. Here Councilman Cutler 'mentioned what he considers a hazard in the high step-off at the southeast corner of Palm Canyon Drive and Granvia Valmonte, particularly due to the fact that there is no light at this point to warn pedestrians. This matter was referred to the Public Safety Committee for investigation and report at the next meeting of the Council. A letter was read from Adjutant ,Abernathy of the Veterans of Foreign Wars requesting use of the CityCouncil Chambers or the Fire Station ' Hall for semi-monthly meetings of that organization. Discussion developed the opinion that study should be given the matter before acting on the request since any such action would establlsh 'a precedent for consideration of requests from similar organizations and would involve fixing of a charge for utility and janitor services and the furnishing of additional keys., . The matter was referred to the General Committee and the City Manager, to confer, and report at the next meeting. A letter was read from the Palm Springs Water Company informing ,the Council that on February 17, the State Railroad Commission would hold a hearing in Palm' Springs in the matter of Pavny vs . the Water Company and requesting the Council's support in the hearing in order that the Company's established Palm Springs service area might be held intact. A letter was read, addressed by the Mayor to the Company's president in response to the Company's request, expressing the view that the matter was one of deep concern to, the city officials and to our citizens, and inviting Mr. Alvah Hicks, President of the Company, to attend this Council meeting with any other of our citizens known by him to- be interested in the, subject. Next a petition was read addressed to the Council over the signature of 'Mr. Carl G. ' Lykken and a number of other prominent citizens, requesting that the City Council be represented at and participate in said State Railroad Commission hearing. The Chairman called upon Mr. Alvah Hicks, present in Chambers. Mr. Hicks reviewed the history of the company's service within the city and described the company's service area as established by the Railroad Commission, pointing out that this service area had been so defined in furtherance of the company's policy of protecting the rights of Palm Springs property owners; that, with the presently increased service which the , company is supplying because of existing local conditions, _ to be obliged at this time to also furnish the service applied for by petitioner would result in prejudice to the rights of property owners within the present- service area, increased -water rates and uncontrolled and undesirable development of Indian lands. On - - motion by Councilman Connell, seconded by Councilman Cutler, Resolution No. 1412 of the City Council designating Mayor Shannon,, Councilman Boyd and the City Manager, together with the City Attorney, to appear in behalf of the City of Palm springs in the 267 State Railroad Commission hearing: Yavny vs. Palm Springs Water Company, set for 10:00 A.M., February 17, 1944, in the Desert Inn, was adopted by. unanimous vote. A letter was read from the Valley Garage, requesting permission to operate a new and used car dealer business outside said garage, 306 N. Indian Avenue. After some discussion the City Clerk was instructed to inform the Valley Garage that operation of such a business would be in direct violation of the provisions of our Land, Use Ordinance; however, that the letter had been referred to our City Planning Commission for such further action as applicant might seek. UNFINISHED BUSINESS - PUBLIC HEARING ON ZONING VARIANCE. The hour of 8.15 P.M. having arrived, the Chairman announced that the Council would proceed with the public hearing set for this time and place- in accordance with the notice of said hearing read in full by the City Clerk in the meeting of February 2, and published in the February 4, 1944) issue of the Palm Springs Limelight-News, con- cerning the application of Mrs. Gertrude M. Knowles et al for a zoning variance as to certain property within the City of Palm Springs described as follows : The Westerly rectangular 128.31 feet of the lot or parcel situated at the Northwest corner of Palm Canyon Drive and Stevens Road, to rezone the same as R-3 instead of R-2. The City Attorney gave a detailed description of the property involved (indicating on the sketch of same submitted to the Council) , and mentioned an apparent discrepancy which appeared in the Land Use Ordinance in the Zoning Markings on the maps as published in said ordinance as to this particular property, to wit: that the map's Grose-markings show the portion in question as 11R-4 Zone" while the letter and numeral designation thereon is 11R-2 Zone% He further stated that applicants have a purchaser for the property who, as part of the transaction, requires assurance that bungalow court construction is permitted within the zone; that the Planning Commission had referred the matter to the Land Use Committee, which, took the attitude that, since adjacent property owners had objected to granting of the variance, the Committee would recommend denial of the application and refer the matter to the City Council. The Chairman called upon Mrs. Knowles, present in Chambers, who stated that the circumstances and facts wdre as related by the City Attorney; that previous offers for purchase of the property had been refused because the owners in- sisted upon construction at this location which would be in keeping with the district; that applicants had therefore welcomed the op- portunity to sell to the present prospect because he planned to construct a one-story bungalow court on the premises. The Chairman called for expression on the subject from any one present in Chambers. There was no response. After some considerable discussion it was decided that this public hearing should be continued to the next meeting of the Council, March 1, 1944, at 8:15 P.M; meantime that the matter be referred to the Boards and Commissions Committee for investigation of the premises and report at the next Council meeting. . The Chairman suggested that any other councilmen interested should also view the premises. CO➢MUNICATIONS RESUMED, A letter was read addressed by Mrs. W. L. Tibbals to the Chamber of Commerce, and by the Chamber referred to the City Manager, suggesting certain desirable improvements and betterments within the city. Whereupon the City Manager was instructed to acknowledge the letter and thank Mrs. Tibbals for her thoughtful and timely suggestions. Here the City Manager recommended, in order to avoid confusion in accounting and to correct an inadvertence in procedure resulting from the adoption of 'Resolution No. 1406 in the meeting, of February 2, that said Resolution No. 1406 (appropriating -$500-.00_ from the General Fund to the Recreation Fund with authority to the City Manager to authorize e-V enditures therefrom) be rescinded. After 'some' discussion, on motion by Councilman Therieau, seconded by Councilman Housman, Resolution No. 1414 of the City Council rescindingsaid Resolution No, 1406 and approving the City Manager's authorization of General Fund expenditures for Field Club recreational purposes not included within the FNA Project Fund allocations, up to a total of $500.00; further resolved and thereby expressly understood that the City ,Manager is authorized to, and shall decide whether Recreation Commission requests for expenditures are in order, such being matters entirely within the discretion of the City Manager, was unanimously adopted., A letter was read from the Chairman of the Recreation Commission announcing a Recreation dance which will be given February 29, at either the Field Club Roller Bowl or the Frances Stevens School. Whereupon the City Attorney suggested that to facilitate the giving of these recreation dancesat the Roller Bowl it might be well for the Council to authorize the City Manager to address a communication to the Roller Bowl owners, specifying dates for Recreation dances and demanding use of the Bowl therefor under the terms of the 'existing lease between the Roller Bowl and the Field Club, and on motion by Councilman Cutler, seconded by Councilman Housman, Resolution No. 1415 of the City Council authorizing the City Manager to represent the City in specifying and demanding dates for Recreation dances at the Roller Bowl., in exercise of that privilege given the city as assignee (under its lease with the Palm Springs Field Club) of the Field Club lease with the Anderson Roller Bowl, was unanimously adopted. REPORTS: The Chairman of the Public Safety Committee requested further time within which to report on the matter of revision of' dancing rules and regulations. The Chairman of the General Committee requested further time within which to report on the advisability of adoption of an ordinance regulating delivery trucks, as requested by the Homeowners League of Palm Springs represented by Mr. Kenneth Kirk, NEW BUSINESS: A register of demands was presented, examined and approved by the Finance Committee, and on motion by Councilman Therieau, seconded by Councilman Connell, claims and demands numbered , 5059 and' 5060 were approved and oxd.ered paid by warrants drawn on the City' Treasurer, by the following vote, to wit: Ayes: Councilmen Therieau, Adams, Connell, Housman.. Boyd and Cutler Noes: None Absent: Mayor Shannon - Councilman Adams mentioned two matters: property owners dumping tree trimmings and trash onto adjacent property owned by others than themselves; and horseback riding on streets in violation of our regulatory city ordinance on the subject. Both matters were referred to the City Manager for correction through the proper departments," There being no further business, on motion by Councilman Cutler, seconded by Councilman Housman, and unanimously carried, the meeting adjourned. City Clerk 269 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PALES SPRINGS. Held February 23, 1944 The City Council of the City of Palm Springs , CalifaTnia, hold a special meeting in the Council Chambers, 810 North Palm Canyon Drive, -in said city, on Wednesday, February 23, 1944, at 11:30 o'clock A.M. , pursuant to call by the Honorable F. V. :Shannon, Mayor, dated February 21, 1944. The meeting was called to order by Mayor Shannon, who presided. Roll call: Present: Councilman Eugene E. Therieau Councilman C. P. Adams Councilman John M. Connell Councilman George A. Housman Councilman Philip L. Boyd Councilman Frank W. Cutler Mayor F. V. Shannon City Attorney Roy W. Colegate City Manager -R. X.- Sarum City Clerk Louise McCarn Absent: None The call bythe Mayor was read as follows: "CALL AND NOTICE FOR A SPECIAL METING OF THE CITY COUNCIL OF 'THE- CI TY OF PALES SPRINGS "To the Members of the City Council of the City of Palm Springs, California: 1 "NOTICE is hereby given that I, the undersigned Mayor of the City of Palm springs , do herebycall a special meeting of the City_ Council of, the City of Palm Springs, California, to be held at 11:30 o'clock a.m., Wednesday, February 23, 1944, "in the Council Chambers, No. 810 North Palm Canyon Drive, in said City, such being the place where the City Council is accustomed and by ordinance required to hold meetings, for the following purposes: "To consider the issuance to the State Board of Equalization of a protest concerning the granting of additional liquor licenses within the City of Palm Springs; "And for - such--other business as the City Council may legally transact. "WITNESS my hand this 21st day of February, 1944. "(signed) F. V. SHANNON, Mayor of the City of Palm Springs , California. " There was then presented Consent and Waiver of Notice in writing, signed by members of the City Council and filed with the City Clark I prior to the meeting, as follows : "I, the undersigned, member of the City Council of the City of Palm springs, hereby consent to the holding of a special meeting of the City Council- of the City of Palm Springs in. the Council Chambers, 810 North Palm Canyon Drive, in the city of Palm Springs, at 11: 30 o'clock a.m., Wednesday, February 23, 1944, for the purposes and to consider and act upon the matters specified in the Call and Notice for such meeting made and signed by the Honorable F. V. Shannon, Mayor of the City of Palm Springs, on February 21, 19440 service of which notice is hereby acknowledged, and I hereby waive all further notice of such meeting. WITNESS my hand this 22nd day of ,February, 1944. "(signed) Eugene E. Therieau it C. P. Adams " J. M. Connell " George A. Housman " Philip L. Boyd Frank W. Cutler " F. V. Shannon (each) Member, City Council of the City of Palm Springs, California" Said Call and Consent and "Waiver of Notice having been examined by the members of the Council, and being considered sufficient for the purpose thereof, the meeting was unanimously declared convened. Notices from the State Board of Equalization regarding transfer of licenses were read, as follows: Application by Barney Ostrow and Arthur i. Wolpe, doing business as United Service Stores, 360 North Palm Canyon Drive, to transfer licenses from Harold A. Smith, 108 N. Howard Street, Hemet, California, for Retail Package Off-sale Beer and Wine, and also for Retail i'ackage Off- sale Distilled Spikits. A letter was read recently addressed to Mr. William G. Bonelli, State Board of Equalization, by the Mayor reviewing the matter of the City's attempt to obtain the assistance of the State Board of Equalization in restricting the issuance of further liquor licenses within Palm Springs. Next was read a letter from Mr . George M. Stout, State Liquor Administrator, to the Mayor in response to his letter addressed to Mr. Bonelli : inviting the City,'s attention to the fact that no new on-sale liquor licenses had been issued by ' the Board since August 1939, stating that "only transfers (in Palm springs) have 'been approved and those restricted to the County in which they exist". The letter went on to call attention to- the ,fact that the Board's powers are "rather broad" and to state that the Board does, however, recognize the necessity for cooperation between local authorities and the Board "to the end that an orderly condition be maintained in the conduct of licensed premises and when a given premise gets out of line to ,the point where it becomes a police problem, the Board will recognize a verified protest from the police department to that effect and take such action as it deems, proper to restore an orderly condition in the community". After some discussion it was agreed that the status of this matter. might well be called to the attention of the general public through the local newspapers with a view to informing our citizens of the Council 's attempt in the interest of public welfare and ,safety to . prevent issuance of additional liquor licenses within the city. After some further discussion on motion by Councilman Connell, seconded by Councilman Housman, Resolution No. 1416 of the City Council approving and directing a request to the State Board of Equalization that the applications of Barney Ostrow and Arthur S. Volpe, dba United Service Stores for transfer of the licenses of Harold A. Smith, 108 N. Howard Street, Hemet, California, to sell off-sale beer and wine and distilled spirits at 380 North Palm Canyon Drive, Palm Springs, be denied in furtherance of Resolution No. 1330 adopted by the City Council in the meeting of, November 3, 1943, on the ground and for the reason that the granting of said licenses would constitute a general police problem within the city of Palm Springs, was adopted by the following vote, , to wit;: Ayes: Councilmen Adams, Connell, Housman,, Boyd, Cutler and Mayor Shannon , Noes : ' Councilman Therieau Absent : None 27" There being no further business, on motion by Councilman Cutler, seconded by Councilman Therieau, and unanimously carried, the meeting was adjourned. C City Clerk MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held March 1, 1944 The City Council of the City of Palm Springs held a meeting in the _Council Chambers known as No. B10 North Palm Canyon Drive, in said city on Viednesday, March 1, 1944, at 7:30 p.m. , the said day being the first Wednesday of said month of March. The meeting was called to order by Mayor Shannon, who presided. Roll Call: Present: Councilman Eugene-E. Therieau Councilman John M. Connell, Councilman George A. Housman Councilman Frank W. Cutler Mayor F. V. Shannon City Attorney Roy W. Colegate City Manager R. M. Sorum City Clerk Louise McCarn Absent: Councilman C. P. Adams Councilman Philip L. Boyd Here Councilman Boyd entered and joined the meeting Drafts of the minutes of the meetinms held February 16 and 23, 1944, having been distributed among; the Council, were presented, approved and ordered .copied in the minute book. COITNTNICATIONS: A letter was read from the Palm Springs. High School Student Council suggesting 'Viednesday, March 15, as the day on which. the, students should take over the City government. After some discussion the City Clerk was instructed to inform the High School Student Council that -the next .meeting of the City Council would be held on March 22, and request the student council to advise the City Clerk if that data would be agreeable as the day on which the students should take over ,the City government. 41 Letter ryas read from the , State Liquor Administrator, George M. Stout -(by A. A. lhh.itaker) , informing the City Clerk that the Council would be notified should it become necessary to hold a hearing 1 in the matter of the City �s., protest against the issuance of an alcoholic, bevera e license to Teo C . Fostor, dba Don Carlos Cafe, 693 South Palm Canyon Drive, Palm Sprin,2s. A letter was read from the League of California Cities announcing a Planning Institute which will be held in Los Anmeles March 13-17 inclusive for instruction of governmental representatives in nost- war _planning problems .- After some discussion on motion by Councilman Cutler; seconded by. Councilman Housman, Resolution No. 1417 of the City Council, ap_Droving the City Mana?;erls attendance at the Institute with expenses paid, was adopted by the following vote, to wit: 72- Ayes: Councilmen Therieau, Connell, Housman, Boyd, Cutler and Mayor Shannon i Noes : None Absent: Councilman Adams rDxo communications were read from the Chairman of the Rationing Board concerning the necessity* for the City' s contributinn7 'toward the payment for extra help, employment of which is made necessary by absence on leave of incumbent civil service employe-s of the Board. After some discussion on motion by Councilman Boyd, ' seconded by Councilman Therieau, Resolution No. 1418 of the City Council approving oayment as recommended- by the City Manager of $,97 .75 to Gwen Farkas , extra help employed by the Rationi.nm Board during February, was adopted by the followin =. vote, to wit: Ayes : Councilmen Therieau, ('onnell, Pousman, Boyd, Cutler and Mayor Shannon Noes : None Absent: Councilman Adams And on motion by Councilman 'Therieau, seconded by Councilman Hoii,sm.an, Resolution No. 1419 of the City Council aoorovinrr a contribution u,o to- 5�75.00 for Rationing Board stenogranhic services during March should the City Manager so recommend, was adopted by the following vote , to wit: Ayes : Councilmen Therieau, Connell, Housman, Boyd, Cutler and Mayor Shannon Noes: None Absent: Councilman Adams The City Manager recommended approval of payment to Waste Disposal employees for overtime worked in February, and on motion by Council- man Therieau, seconded by Councilman Cutler, Resolution No. 1420 of the City Council approving payment of 410.00 each covering overtime worked during February to the following employees: Frank Britton, Tony Godinez, Phil Godinez, A.- Velasquez and Ramon Estrada, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Connell, Iiousman Boyd, Cutler and Mayor Shannon Noes : None Absent: Councilman Adams UNFINISHED BUSINESS:' PUBLIC HEARING ON ZONING VARIANCE - The hour of 8:15 having arrived, the public hearing*, on the 'application by Mrs . Gertrude M. Knowles et al for zoning variance was resumed . Mrs . Knowles, present 'in chambers with Miss Marian Clancy' ('peti- tioners in the application), were invited by the Mayor -to speak before the Council. Mrs. Knowles requested that the Council decide' the' matter in this meeting with a definition of the zoninir in question. After some considerable discussion durine which petitioners presented the owners ' deed restrictions running with the original subdivision, it developed that th.e ' matter might be settled to the best interests of all parties concerned if the following procedure were 'ac(opted: If petitioners would establish of record, by the necessary' con- veyances, a restriction running; with the land 'that ' no auto court should ever be constructed on the parcel under consideration, the City on receipt of such evidence would pass an ordinance arlendi.ng the present Land TTse Ordinance No . 75 so as to permit the variance applied for. On motion by Councilman Therieau, seconded by Council- man Housman, ' Resolution No. , 1421 of the City Council granting to Mrs . Gertrude M. Knowles et al the zoning variance , applied for on 273 condition that said petitioners furnish the Council with evidence that there is of record a restriction running with the land in question against -an auto courtever being constructed thereon, it being the intention of the Council upon the receipt of such evidence to enact an ordinance amendin , the present Land U�e Ordinance to permit the variance requested as to the parcel of land named in applicant's petition, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Connell, Housman, Boyd and Mayor Shannon No: Councilman Cutler Absent: Councilman Adams C011MUNICATIONS CONTINUED. An application was read from J. M. Gorham and Ruth Hardy, requesting a franchise and permission to constructa sewer line across Belardo , Road as described in detail, in the application and as set forth J in the outline map accompanying, the application. After study of the map and discussion, on motion by Councilman Boyd, seconded' by Councilman Therieau, Resolution No., 1422 of the City Council grant- ing to J. U., Gorham and Ruth Hardy a franchise and permission "to lay- and construct and thereafter to operate, maintain and repair a sewer pipe line approximately 950 feet in length in, under, along and across South Belardo Road, a public street in the City of Balm Springs, in the portion thereof lying between the center line of Baristo Road on the North and the center line of Ramon Road on the South, as described in detail on the map accompanying the application, and requirin:� the owners of said franchise tohereafter allow the owners of adjacent property to connect to said line within its capacity on payment therefor to permittees of- a - ratable cost of said sewer line; said franchise to be granted subject to grantees first making proper application to, and obtaining the necessary permit from, the City Manager, prior to commencement of excavation or construction in connection with said sewer line, was adopted by the following vote, to wit : - Ayes : Councilmen Therieau, Connell, Housman, Boyd, Cutler and Mayor Shannon Noes : ' None Absent: Councilman Adams A letter was read from Mrs. Elizabeth Household requesting per- mission to remove a house from the Lois Kellogg property, 33g S. Palm Canyon Drive, to Lot 25, Block 1 on Palos Verde Street 2n the, Palos Verde Tract. Mrs . household, present in dhambers' with Mrs . Harriet Cody, was invited to address the Couricl and presented a sketch prepared by her architect showing the house as she had planned it to be once she had removed it to the Palos Verde Tract. The City Manager presented a petition from property owners in the Palos Verde Tract objecting to bringing daid house into the tract and Mrs . Bousehold also presented letters from other property owners in support of her request. Thron>>,ii discussion it was brought out that the objection to moving the house into the Palos Verde Tract was based almost entirely on the belief that under existing cirpumstances-the applicant 1 might well be unable to obtain materials to complete .her plans for improving the house after removing it to the tract, Mrs . Household was informed that if she would present the City ouilding Inspector with written evidence that the '.Jar Production Board would grant the applicant permission to purchase all the materials necessary to complete her architect 's plan, then the Build,ng Inspector wouldbe in a position to proceed to pass on her application for a building permit, after the granting of which she could proceed with her application for moving the house . Mrs . Household futher requested an expression from the Council as to whether, if her ,present plan to move the house to the Palos Verde Tract were to fail for the reasons above set forth, she would be able to obtain permission to move the house east from its present �74 location onto Section' 14. She was informed this could be accom- plished through the following procedure; to obtain a building per- mit for such changes , as she expected to make in the house once it was moved and on the, 7ran Ling of such permit then she could pro- ceed with her application for moving the house, subject to the terms of the House Moving Ordinance No. 141. REPORTS: The following reports covering the month- of February were presented, examined and ordered filed with the City Clerk: Treasurer, Police Department and City Clerk' s Fund Statement. The City Manager ' s statement showing; the C-ity ' s financial status as oi' December .7,1, 1943, with comments was presented, exam ned and filed with the City Clerk. Each member of the Council re- ceived a copy of the statement and com^ents and the City Manager, was commended for--this simplified presentation of the City 's, financial status . Upon the suggestion of Councilman Boyd the City Manager was requested toyprepare a press release on th.e figures shown , in ,the statement with a view to informing tLe public as to the City 's financial condition -- the release to give out such information as the City Manager in hIs discretion shall decide. A report was read by the City Manager on the matter of the curbing at the southeast corner of Palm Canyon Drive and Granvia Valmonte (at Frances ntevens , School) with a suggested solution of the problem through changing the ramp construction at :the point; named. After some discussion the matter was referred to t;he City Manager with authority to him to negotiate with the Board of Trustees of the Desert School District with a view to accomolishinF. a correction of the condition along the lines outlined in the City l,4anager's - report, The City Manager' s report was read on the matter of 'guy wire in- stallation by, the T'orney General Hospital on the south side of Pasco E1 Mirador. The report informed the Council that if oer- mission were ;ranted for theinstallation on public property as requested, the City would be obliged to invoke regulatory measures in the interests of , the public welfare and safety. Discussion developed that while the installation could be made on the 'Forney General Hospital property in such a way as might involve some small hazard there, to make the installation as requested on the City' s street w ould probably create a hazard of considerable pro- portion on the part of the City. On motion by Councilman Boyd, ' seconded by Councilman Cutler, Resolution No. 1423 of the.' City Council denying permission to- the Post Ennineer of the Tornev General Hospital to ', install a, yuy wire on Pasco El Mirador and instructing the City Clerk to so inform the Post Engineer, Torney General Hospital, was adopted by the foLloe,tin; , vote, to wit: Ayes : CounciL,ien Therieau, Cornell, Housman Boyd, Cutler and L4ayor Shannon Noes : None Absent: Councilman Adams Report of the City Manager and the Council General Committee was heard on the matter of a policy to be adopted with regard'ito using; the City Council Chambers , for meeti.ngs&f orivate organizations . The, City Manager recommended, - and_ the Chairman of` -the- General Committee in behalf of the Committee concurred in the recommendation, that because of the, many involvements such as caretaker ,.rhile the premises were in such use, utilities and other maintenance requir- inq supervision, the Council should adopt a policy limiting the use of the Council Chambers to that of the City Council and other governmental agencies and on motion by Councilman Housman, seconded by Councilman Tnerieau, Resolution ho. 1.424 of the City Council adopting the policy that use of the Council Chambers should be limited to that of the City Council and other -overnmental agencies, was adopted by ,the followinI- vote, to wit: 275 A I hereby certify that the following paragraph: A resolution establishing election precincts and polling; places and appointing election boards and fixing the hours during which the polls shall remain open for the General Municipal Election of April 11, 1944, was read in full by the City Clerk, and on motion by Councilman Connell, seconded by Councilman Therieau, said resolution - being No. 1425 of the City Council - was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Connell, Housman Boyd, Cutler and PrTayor Shannon Noes : None Absent: Councilman Adams is a part of the Council minutes, meeting of March 1, 1944 - to be inserted on page 275 of said minutes where marked °Insert°, said paragraph erroneously omitted in transcribing said minutes Louise Mc Carn City Clerk Palm Springs, California April 3, 1944 275 Ayes : Councilmen `Pherieau, Connell, Housman , Boyd, Cutler and Mayor Shannon Noes : None Absent : Councilman Adams And the City Clerk was instructed to so inform Adjutant Abernathy, of the Veterans of Foreign `Kars, which organization had previously applied for use of _the Council Chambers as a meeting place. The following reports were not ready and were therefore put over to the agenda for the next meet..ng: General Committee - advisability of ordinance providing for inspection and regulation of trucks malting deliveries . Public Safety Committee - clarification of rules and regulations governing dancing. Th,e Recreation Commission minutes and memoranda covering the meeting of February 24, and announcing community dances March 7 and 14, at the Palm Spr•in2s Roller Bowl and a Rodeo at the Field Club during March or April, were read. Requests contained in the Recreation Commission minutes were tabled for consideration at a later meeting and until such time as the City Manager might wish to present recommendations thereon. Minutes of the Public Health Center Board meetin- of Febr>ary 23, were read and filed with the City Clerk. I'TZSV BUSINESS: - A register of demands was presented, examined and approved by the Finance Committee and on motion by Councilman Therieau, seconded by Councilman Boyd, claims and demands numbered PR-550 through PR-592, 5061 throrgh 5114, and 23 through 29 from the F'NA Project Fund were approved and ordered paid by warrants drawn on the City Treasurer, by the following vote, to wit: Ayes : Councilmen Therieau, Connell, Flousman Boyd, Cutler and hlayor Shannon Noes: None Absent: Councilman Adams Insert -� 9-7S' a The Islayor presented for approval his appointment of Mr. Tom Holland to fill out the unexpired term of Mr. Frank VJ. Cutler on the City Planning Commission, and on motion by Councilman Boyd, seconded by Councilman Cutler, Resolution No. 1426 of the City Council approving the Mayor ' s appointment of Mr. Tom Holland to the City Planning Commission to fill out the unexpired term of Mr. Frank W. Cutler ending; Au,;ust 30, 1946, was unanimously adopted. The City Manager brought to the attention of the Council the matter of the Rationing Board quarters lease which expires as of April 30, and the City Manager was instructed to investi._mate and report on the feasibility of renewing; this lease on the current terms . The City Manager reported numerous complaints against horseback riding in the Araby Tract and informed the Council that we have no suitable laws to regulate the practice. The Council had nothing, to offer and no action was taken in the matter. The City Attorney presented for consideration a form of ordinance on the subject of licensing weighing and other coin operated machines and wired music_ and phono-raph machines. The City Clerk was instructed to furnish the members of the Council with copies of the ordinance for study with a view to enactment of such a measure. There being no further business, on motion by Councilman Connell, seconded by Councilman Boyd, and unanimously carried, the meeting adjourned to March 22, 1944, at 7:nu P. M. City Clerk PJIIIdUTES OF A SPECIAL MEETING OF THE CI'i'Y COUNCIL OF THE CITY OF PALM SPRINGS Held March 6, 1944 The City Council of the City of Palm Springs, California, held a special meeting in the Council Chambers, 810 North Palm Canyon Drive, in said city, on Monday, March 6, 19440 at 11: 30 o1olock a.m. , pursuant to call by the Honorable F. V. Shannon, Mayor', dated March 3, 1944. The meeting was called to order by L4ayor Shannon, who presided. Roll call; Present: Councilman C . P. Adams Councilman John M. Connell Councilman Frank 'h. Cutler Iti4ayor F. V. Shannon City Attorney Roy V . Colegate City T%Tanager R. M. Sorum City Clerk Louise T,?c0arn Absent: " Councilman Eugene R . Therieau Councilman George A. Housman' Councilman Philip L. Boyd The call by the Mayor was read as follows: "CALL AND NOTICE FOR A SPECIAL MEETING OF TEE CITY COUNCIL OF 'PTTE CITY OF' PALM SPRINGS "To the Members of the City Council of the City of Palm Springs, California: - "NOTICE is hereby given that I, the undersigned. Mayor of the City of Palm Springs, do hereby call a special mectin2 of the City I Council of the City of Palm Springs, California, to be held at 1111:30 a.m. Monday, March 6, 1944 "in the Council Chambers, No. 810 North Palm Canyon Drive, in said city, such being the place where the City Council is accustomedand by ordinance required to hole. meet.inas, for the following purposes : "For hearing the application of Mr . Leonard J. Di:fani, as Attorney for the Executor of the estate of Rachel de Brabant, deceased, to , sell at auction the personal effects of the said deceased; "And for such other business as the City Council may legally transact. "WITNESS my hand this' 3rd' day of March, 1944. " (signed ) F. V. Si=ANNON, Mayor of the City of Palm Springs, California. " There was then presented Consent and Waiver of Notice ' in writing, ' sinned by members of the 'City Council and filed with the City Clerk prior to the meeting, as follows : "I , the undersigned, member of the City Council of the City of Palm Springs, hereby consent to the holding of a speciaal meetin? of the City Council of the City of Palm Springs in the Council Chambers, P 8lO North Palm Canyon Drive, in the city of Palm Sorin,�s, at 11: 30 o 'clock a.m. , Monday, March 6, 1944, for the ourposes and to con- sider and act upon the matters specified in the Call and Notice for such meeting made and signed by the Honorable F. V. Shannon, Tflayor of the City of Palm Springs, on March 3, 1944, service of which notice is hereby acknowledged, and I hereby waive all further notice of such meeting. 277 "WITNESS my hand this 4th day of March, 1944. " (signed) Eugene E. Therieau It C. P. Adams it J. M. Connell George A. Housman " Philio L. Boyd " Frank IN. Cutler " F. V. Shannon (each) Member, City Council of the City of Palm Springs, California" Said Call and Consent and Waiver of Notice having been exa•nined by the members of the Council, and being considered sufficient for the purpose thereof, the meeting was unanimously declared convened. Mr. Herbert Samson, Appraiser for the Bank of America as Executor of the Estate of Rachel de Brabant, deceased, present in Chambers , was called upon by the Mayor. Mr. Samson informed the Council that the Executor plans to hold an auction sale of the personal effects of said deceased Saturday and Sunday, March 25 and 26, 1944, in the de Brabant home, 982 Avenida de Las Palmas, located on Lots 1, 2, 7 and 8, Block B, Las Hacenditas Tract, notice of said sale to be published in the local papers. On motion by Councilman Connell, seconded by Councilman Cutler, resolution No. 1427, granting the application of Mr. Leonard J. Difani, as Attorney for the Executor of the Lstate of hachel de 3rabant, deceased, to sell the personal effects, of the said deceased at public auction- in the family home: 982 Avenida de Las Palmas, on Saturday and Sunday, 14arch 25 and 26, 1944, was unanimously adooted. The T;Tayor announced that Mr. Difani had informed him that it was the intention .of the heirs-at-law to donate to the Welwood Murray Memorial Library of the City of Palm Springs some of the paintings which are now part of the de Brabant estate . Here the -Mayor announced- that he had received numerous complaints from citizens against fixing the closing of the polls it the coming April 11 election at 5:00 p. m. as was done by Resolution No. 1425 adopted in the Council meeting held March 1. After some discussion on motion by Councilman Cutler seconded by Councilman Connell, Resolution No. 1428 of the City Council aporovinF a change in the Notice ofElection heretofore published by the City Clerk, to the effect that the polls for the holding' of the general election April 11, 1944, shall be kept open from 8:00 otelock a.m. continuously to 6:00 p.m. of said day, the balance of said Notice of Election to remain unchanged in form; and directing the City Clerh to cause another puclication of notice of holding of general municipal election (showing 6:00 p.m. as the time the polls will close) in the manner and -within the time as required by law in the Palm Springs Limelight News, a newspaper of general circulation, printed, pub- lished- and circulated withinthe City of PalmSprings-, was unani- mously adopted. There bein" no further business on motion by Councilman Cutler, seconded by Councilman Adams, and unanimously carried, the meeting was, adjourned. lQ V^^ O`v�-�-=-� f �" 1 C C�v City Clerk 1,,7INL7 ,S OF AN ADJOURNED TJEETING OF THE CIT`' COUNCIL OF THE CITY OF PALM SPRINGS Held March 22, 1944 The ,City Council of the City of Palm aprinze held a meeting in the Council Chambers known as No. 810 North Palm Canyon Drive in said city on VGednesday, March 22, 1944, at 7 :30 o 'clock p.m. , pursuant to adjournment of the meeting held March 1, 1944, The meeting was called to order by Mayor Shannon, who presided. Roll Call: Present: -Councilman Eugene E. Therieau Councilman C . P. Adams Councilman John M. Connell Councilman frank W. Cutler Mayor F. V. Shannon City Manager R. M. Sorum City Attorney Roy UV. Colegate City Clerk Louise Mc Carn Absent: Councilman George A. Housman Councilman Philip L. Boyd Draft of the minutes of the meetings held March 1 and March 6, 1944, having been previously distributed among the Council., were presented, approved and ordered copied in the Minute Book. C OPIDdNNI C ATI ONS: ' A letter was read from Mr_. James Pavny, 1001 South Palm Can yen Drive, requesting permission to operate music box instal lations under a city license. Mr. Pavny, present in Chambers, was called upon. He exolained that he presently has five installations on trial with Gibbs ' 'Pharmacy. On being ,informed of a pending ordinance for the regulation and licensing of coin operated equipment„ which would control in his case, Mr. Pavny commented that the fees named in the ordinance were such as to prohibit his operation. He was further informed that the Council could take no action on his application until after the next council meeting. A letter was read from Mr. Maynard G. Iyiead, requesting permission to sell air conditioning 'egnipment in his Texaco Service Station; 670 South Palm Canyon Drive , Mr. Tylead, present in Chambers, ryas called upon. He stated that the servicing on the coolers would be done at the Builders ' Supply, 682 South Palm Canyon Drive . The latter address falls within Zone C-3 where such operation is permitted but discus- sion developed that the coolers offered are second hand and must therefore be soldindoors- (Land Use Ordinance No. 75) ; and it being doubtful whether the Service Station where the coolers are--displayed- - is "indoors, " the matter was referred, to the City Manager to determine that point and report at the next council meeting, Mr. Mead inquired whether he might conduct a nursery business at his Service Si:,atdon address and was informed by the city attorney that such a business could be conducted there on a showing of compliance first with cer- tain provisions of' the Land Use Ordinance. A letter was read from lMrs . Alvah (Jane ) Hicks, thanking the Mayor and the Council for their expressions of sympathy in the recent loss . of her husband, the late Mr. Alvah Hicks, a former member of the City Council and a Palm Sprin-s pioneer. Notices were read from the State Board of Equalization, as follows: Two notices dated Vlarch 9, 1944, announcing applications for on- sale distilled spirits (quarterly) and 'on-sale beer and urine licenses by Elmer F. I.olstad dba', Cue Club, 185 Andreas goad. Chief Sanard, present in Chambers, informed the Council that the State Board office had made a mistake in sending these notices ; that the licensos were really transfers accomplished some time previously. In the council meeting December 8, 1943, similar notices were read covering a-.)pli= cations for transfers by said Y,olstad, at the same address, from C. Thomas :Luke and Frances L. Allegrini ; no action by council. A notice of transfer of on-sale beer license to Amusement Center Inc. dba Canyon Cafe from -Marcus G . Caro, same address ; no action. A letter was read from P:Ir. Dixwell -L. Pierce, Secretary State Board _ of Equalization, addressed to bdayor Shannon in acknowledgement of his letters addressed to Mr, uuilliam G. Bonelli in protest of addi- tional liquor licenses within Palm Springs . The letter expressed a willingness on the part of the Board to cooperate with the City cd. th a view to ,a satisfactory solution of difficulties mentioned. A letter was read from the President of the Chamber of Commerce, requesting ilse of the City Council Chambers for the Chamber' s annual 279 meeting, April 4, 1944, the Chamber to assume any expense therefor. On motion by Councilman Thereiau, seconded by Connell, Resolution No. 1429 of the City Council, granting the Chamber of .Commerce the requested use of ,the Council Chambers, April 4, 1944, subject to the approval thereof by the City's lessor, was adopted by unanimous vote. A representative of the lessor, present in chambers, assured the Council that as a practical matter the lessor would have no objections ; and the City Clerk was instructed to notify the Chamber of Commerce of the Council action and the lessor' s approval. A letter was read, addressed to the Council and the Planning Commission by -Kiss Cornelia B. White, requesting preservation of the i George Welwood Murray Study (Miss White ' s present abode ) located in Block 26, and for that purpose removal of said building, to a new location in Block 27. Also a letter was read from the Planning Commission on the subject, recommending by resolutions adopted in the Commission's meeting March 7, 1944, first-that wherever possible a way should be found to preserve historic monuments within our city; and second-that P,4iss '�`Ihite ' s request be granted. After discussion, the matter was referred to the City Manager, with authority to him to suggest to Miss Cornelia 'white the method through which her re- quest might best be accomplished: that she execute to the City a conveyance of said building, with the understanding expressly stated in said instrument that the bnildinF is to be preserved as a Village history monument and that she, Miss 'ihite, shall retain the right of occupancy of said building as her residence durin", her lifetime. A letter was read from Major Robert. Hansom, requesting_ from the Council an expression on the subject of erection of a memorial to the late Mrs. Ji-ilia Carnell. The matter was referred to the City Planning Commission for consideration and recommendation and the City Clerk instructed to so inform Major Ransom. A letter was read from Mr. J. B. McIntosh, requesting permission to engage in the used car business. Information having been fvrnished the Council that applicant had no place to conduct such a business indoors (as required under our Land Use Ordinance ) , on motion by Councilman Therieau, seconded by Councilman Connell, Resolution No. 1430 of the City Council, denying the request; and instructing the City Clerk to so notify Mr. McIntosh, was adopted by the following vote', to wit: Ayes : Councilmen 'Therieau, Adams, Connell, Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Boyd A letter was - read from Mr. James J. Campbell, requesting permission to operate a "For IT_ire" automobile service with his "For Hire" car garaged in .the Desert Inn Garage . On motion by Councilman Therieau, seconded by Councilman Cutler, Resolution No . 1431 of the City Council, grantin- Mr. Campbell permission to operate a "For Hire" automobile service tinder a city business license, provided he first produces written evidence to the City Clerk that he has met all the requirements of City Ordinance No. 62 (regulating such a busi- ness ) , has an agreement for maintaining said automobile in the Desert Inn Garage and has complied with all federal and state laws in regulation of such a business, was adopted by the following; vote, to 'flit: Ayes : Councilmen Therieau, Adams, Connell, Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Boyd _ A letter was read from Timm-Larson Aircraft Co. , cfferinP post-viar operation of concessions at the city 's municipal airport. The Mayor stated that he had informedthe writer of tie letter Viet the matter was too far in the future for consideration ,.t this time, and the letter was ordered filed with the City Clerk. Id6o Letters were read from the Chairman of the Rationing Poard re- questing: (1) Reimbursement of tip60 paid for stenographic services Parch 1-15, 1944; and (2) requesting an appropriation of ,$45 additional for stenographic services March 16-31, 1944. Dis- cussion developed that the Rationing Board now has federal moneys allocated for the employment of three federal clerics ; that there is nowcone such federal position on_ en ; further, that the City' s 1943-44 Ifndgetea allocation for Rationing Board expenditures is presently ex- ceeded by expenditures for '-the Board. On motion by Councilman Connell„ seconded by Councilman Adams, Resolution No . 1432 of the City Council approving appropriation of �45 as a contribution toward Rationing Board stenographic services March 16-310 1944, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Boyd The City Clerk was instructed to notify the Rationing Board Chairman of the adoption of said resolution and also notify him that under the circumstances the Council was opposed to appropriation'' of further moneys for Rationing Board stenographic services ; also that his re- quest for Cp60 covering stenographic services March 1-15, 1944, was taken::care of in the demands presented for approval of payment in this meeting; and to express the urgent request of the , Council that the Board .put forth every effort to obtain clerical help under the federal appointments now open for the Board ' s office personnel. A letter was read from: the Princioal, Palm Sorines' High School, requesting approval of the School ' s use of the Field Club bullgrounds for softball games, shortly forthcoming. The City Manager' brought out the necessity fora strict prorated accounting of expense in- volved in such a program because of the City' s operation of Recre- ation for Servicemen .under the present Federal Works Agency financial aid for that purpose. On motion by Councilman Therieau, seconded by Councilman Cutler, Resolution No. 1433 of the City Council, - approv- ing the High School 's use of the Field Club ballgrounds for softball games March 31, April 13 and 21 - 1944) as requested, providing there is , first an agreement between our City Manager and the High School officials as to the pro-rated share of expenses for lights and time of city emoloyees in connection with such use which is to be borne by the High School, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Cutler and Mayor Shannon Noes': None; Absent: Councilmen Housman and Boyd A letter was read, the on'-final- of whicrr was addressed to our Police Chief by the State Supervisor, Division of Drivers- Licenses, announcing dates on which Drivers ' ]Licenses Examinations would be held in Palm Springs, providing the. City could provide suitable Examinatlon quarters . On motion by Councilman Connell, seconded 7y Councilman Cutler,, Reso- lutions No ., 1434 of the City Council, authorizing the use of the,: Counci.l Chambers, 810 ,North Palm Canyon Drive, as quarters for holding; of State Examinations for Drivers ' Licenses on the following dates : , April 20 - 11:00 a. m. to 6: 00 p.m. April 21 - 8:00 a. M. to 1:00 p.m. June 15 - ll:00 a. m. to 6. 00 p.m. June 16 - 8: 00 a. m. to 1:00 p.m. Sept. 21 - 11: 00 a. m. to 6:00 p.m. Sept. 22 - 8: 00 a . m. to 1:00 p.m. Nov. 16 - 11: 00 a. m. to 6:00 p.m. Nov. 17 - 8:00 a. m. to 1:00 p.m. under the schedule announced by the State's reoresentat.ive, with instruction to the City Clerk to so notify the State Supervisor, Division of Drivers ' Licenses, Los Angeles Office, and to advise him _ that the, Council and City Officials were grateful for the installation of this service, was adopted bythe following ,,ote, to wit: 281 Ayes: Councilmen Therieau, Adams, Connell, Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Boyd The City Manager Recommended for approval: 1. Employment of: (a) James L. Redfield, Street Department; and on motion by Councilman Cutler, seconded by Councilman Connell, Resolution No . 1435 of the City Council, ap )roving employment of James L. Redfield in the Street Department as of' March 13, 1944, at tl�170 per month, to succeed Russell Pegg, resigned, was adopted by the following vote, to wit: Ayes :- Councilmen Therieau, Adams, Connell, Cutler and IFlayor Shannon Noes : None Absent: Councilmen Housman and Boyd (b) Mrs . Eudora Pace, temporary City Office clerical help: and on motion by Councilman Therieau, seconded by Councilman Adams, Resolution No . 1436 of the City Council, approving em'.�loyment of Mrs . Eudora Pace, temporary City Office clerical help at �125 per month, as of March 17, 1944, to fill vacancy through resignation of I;Irs . Alice Horine, resigned March 16, 1944, was adopted by the following vote, to wit: Ayes : Councilmen 'Therieau, Adams, Connell, Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Boyd (c ) E. E. Roppe and- Phineas Prouty, Volunteer Firemen, as re- quested by Fire Chief, and on motion by Councilman Cutler, seconded by Councilman Theriea>>., Resolution No. 1437 of the City Council, approving appointment of E. E. Hoppe and Phineas Prouty, Volunteer Firemen, as of :;larch 1, 1244, in the va- cancies created through induction into Armed Services of Dick Lowry and Billy Foster, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Cutler andMayor Shannon Noes : None Absent: Councilman Housman and Boyd 2. Execution of: (a) Release to Charles T . Emerson et al covering police car damage sustained January 1, 1944, and on motion by Council- man Adams, seconded by Councilman Cutler, Resolution No. 1438 of the City Council, approving execution of release covering -said damages in the sum of $194.30, jointly by the ;Mayor and City -Clerk for the City and Jame_; Mason, police car driver, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Boyd (b) Approval of Bond, Tanner Motor Livery under recent franchise granted, and on motion by Councilman Therieau, seconded by Councilman Connell, Resolution No. 1439 of the City Council, approving Bond of Tanner Motor Livery in support of its re- cent franchise under Ordinance No. 144, said bond aporoved:.as to form by our City Attorney, with the City 's approval over the signatures of the 1�Tayor and City Clerk, was adopted by the following vote, to wits: Ayes : Councilmen Therieau, Adams, Connell, Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Boyd 3. Refund to Mx,s . Margaret Anderson, Palm Springs Bowl, of dance application fee, and on motion by Councilman Adams , seconded by Councilman Cutler, Resolution No . 1440 of the City Council, approving refund to Mrs . Anderson of the �'3 dance application fee which sl.,e had de )osited with regl�est for permit to hold a USO dance, without admittance fee, in the Fowl March, 16, 1944, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell Cutler and Mayor Shannon Aloes : X u n e Absent: Councilmen Housman and Foyd REPORTS.• Reports were presented, examined and ordered filed with the City Clerk, as follows : , November 1943-February 1�,44 inclusive, covering activities in Servicemen 's Recreation Program, Field Club, and minutes Recreation Commission meeting March 16, 1944. UNF'INISHLD BUSINESS: The following Committee re,)orts, not ready for presentation, were nut over to the agenda for the next meeting: Public Safety -' Revision, rules and regulations-dancing; GeneralAdoption of ordinance regulating trucks in Palm Springs. Draft of a proposed ordinance regulating operation of weighing and other coin operated machines having been previously distributed among the Council for study, sNi.d ordinance, entitled "An Ordinance of the City of Palm Springs am_':nding sub-paragraphs 124' and 125 of Section P of Ordinance No. 11-, adopted August 25th, 1942, " was introduced by Councilman Adams, read in full and filed with the City Clerk for fur.'ther action. NEV.1 BUSINESS: A register of demands was presented, examined and approved by the Finance Committee and on motion by Councilman Therieau, seconded by Councilman Cutler, claims and demands numbered PR-593 through PR-596 and 5115 through 5120 were a;)oroved and ordered paid by warrants drawn on the City Treasi:lrcr, by .the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell Cutler and Mayor Shannon Noes : None Absent:, Councilmen Housman and Boyd The City Clerk's Certif`icate ,No. 1 covering the following fund trans- fers : To the Payroll Fund: from the General Fund, 092.50, and from the Street Fund, �'p143FB4; and to the Street -Fund from the General Fund �200. , was presented, examined and approved by the Finance Committee and on motion by ,Councilman Therieau, seconded by Council- man Adams, was approved and ordered certified to the City Treasurer by the following vote, to wit: Ayes : Councilmen Therieau, Adams, Connell Cutler and Mayor Shannon Noes : None - Absent: Councilmen Housman and Boyd 283 To accomplish the zoning variance recently granted Gertrude Knowles, at al as a result .of public hearings in the counc_,.1 meetings of Feb- rn.ary 16 and Yl?arch 1, 11,44, an ordinance entitled "An Ordinance of the City of Palm Springs , amending Section 4 (g) of Ordinance No. 75 of said city, being the Palm Springs Land Use Ordinance, adopted December 13th, 1939, " was introduced by Councilman Therieau, read in full and filed with the City Clerk for further action. In this connection, on motionby Councilman Therieau, seconded by Councilman Cutler, Resolution No*1440.1zof the City Council, instructing the City Clerk to transmit a copy of said amendatory ordinance to the City Planning Commission with a request for the Commission 's recommend- ations to the Council as to whether, in order to accomplish uniform regulation of the entire zone, the designation of said zone should be so changed as to agree with that recited in said ordinance as covering the parcel of land described therein, was adopted by the following vote, to wait: Ayes: Councilmen Therieau, Adams, Connell Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Bo, .d On the recom_endation of the City Manager, the City Clerk was instructed to address a letter to the Desert School District Board of Trustees, thanking the Board for its prompt action in installing a light in the northwest corner of the Frances Stevens School property, pursuant to the City Pdanager 's recommendation therefor as a protection to pedestrians passing at that point. There being no further business, on motion by Councilman Cutler, seconded by Councilman Therieau, and unanimously carried, the meet- ing adjourned. (J City Clerk 5-i 9 F y MINUTES .OF RJ GULAR P,1EETI1TG / OF TITE CITY COUNCIL OF TFE CITY OF PALM SPRINGS IIeld April 5, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No . 810 North Palm Canyon Drive in said city on Wednesday, April 5, 1944, at 7: 30 o 'clock p.m. , the said day being; the first Pednesday of said month of April. The meeting was called to order by iviayor Shannon, who presided. Roll Call : Present: Councilman Eugene L. Therieau Councilman C . P. Adams Councilman Frank I:e. Cutler Mayor F. V. Shannon City Manager R. M. Sorum City Attorney Roy W. Colegate City Clerk Louise McCarn Absent. Councilman John i`?. Connell Councilman Geor--e A. Housman Councilman Philip L. Boyd Here Councilman Connell entered and joined the meeting. Draft of the minutes of the meeting held March 22, 1944, having been previously distributed among the Council, was presented, approved and � - ordered copied in theMinute Book-. - - COMP"UNICATIONS: A letter was read from Captain Harry C . Bursley, Commander of the Army Rest Camp, recently discontinued at the Field Club, thanking the Coun- cil and city officials for the many courtesies extended him while there . A letter was read from Mrs . Elizabeth Household, regi_iestina permission to reappear before the Council in the matter of her attempt to remove a house from the Lois Kellogg property to Lot 25, Palos ''erdes Tract. Mrs . Household, present in Chambers, was called upon . She informed the Council that she had permission from the War Production Board to expend $900 for reconstruction -and repairs on the property once she has the house in the desired location. The City Manager stated that, because of the petition signed by some Forty odd property owners in Palos Verdes Tract, protesting the removal of Mrs . Househol.d ' s house to the tract, and ,the fact that those property owners, in his opinion, have ri-hts which entitled them to consideration, he wished an expression from the Council on the subject. After discussion, the matter was left to the City I,Ianager, to decide whether - if the applicant. is able to meet all therequirements of -the- city_ ordinances - it would be in the best interests of, public ,safety and welfare to permit the requested removal of Mrs . Household 's house to the desired location in Palos Verdes ,Tract. A notice was read from the State Board of Equalization, informing the Council that its protest byhearing recently held here in the matter of the application of Barney Ostrow and Arth�ir Ftiolpe for liquor licenses, 300 North Palm Canyon Drive, was recommended "not sustained" by the Referee. Also a wire was read, addressed by the City Manager to the State Board of Equalization, voicine the City ' s objec- tions to the findings and to s .i.d recomiiendation bir the Referee . A letter was read from the Jenkins Yotor Company, requestinp 'per. mi'ssion to establish a loading, zone inPalm Springs for a bus operated by the company pursuant to State Railroad Commission reTulation, on prepaid fares, roundtrip , to Palm Springs from Thermal Army Air Field, under a schedule of trips outlined in the letter. Also a letter was read from the Palm Sprin.zs Chamber of Commerce, in support of said request. Mrs . Jenkins, present in chambers, to represent the company, was called upon for further details . On motion by Councilman Therieau, seconded by Councilman Cutler, Resolution No. 1441 of the City Council, granting; permission to Jenkins P,4otor Company to operate the requested roundtr.ip bus service - after an agreement with our, City Manager upon a loading zone approved by him, was adopted by the following vote, to wi t: Ayes : Councilmen Therieau, Adams, Connell, Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Boyd A letter was read, addressed to the City Ia7ana er by the Recreation Commission Chairman, recommending a 1�25 monthly car a,1lowance' for the Recreation Director, retroactive from November 11, 1943. the City Manager stated that this was a matter for. the Council, to first decide as to scope of a Recreation program and as to whether it was desirable to approve such a program as would merit a fixed car allowance for the Recreation Director - and which could be approved, having in mind the amount presently budgeted for Recreation. The matter, was referred to the City Manager, to investigate as to the mileage nccessar_ily' used by the Recreation Director in connection with his duties, and to pre- sent his recommendations in the next council meeting. The City Manager recommended for approval: 1. Overtime payment to Waste Disposal truck drivers for March. On motion by Councilman Cutler, seconded by Councilman Adams , Resolution No. 1442 of the City Council, aoprovin.g payment of � 10 each for overtime,.- worked during March to the following Waste Disposal truck drivers : Frank Britton, Antonio Godinez, Philip Codinez, A. Velasquez and Ramon Estrada, was adopted by the following vote, to *wit: Ayes : Councilmen Therieau, Adams , Connell, f Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Boyd 285 2. Employment of Mrs . Ione C. Coble, Police Desk Clerk, as requested by Police Chief. On motion by 'Councilman Connell, seconded by Councilman Therieau, Resolution Noi 1443 of the City Council, approving employment of Mrs . Done C . Coble, Police Desk Clerk, at j150 per month, effective March 27, 1944, to replace Officer Shuttleworth, resigned as of same date, :was adopted by the fol- lowing vote, to wit: Ayes : Councilmen Therieau, Adams, Connell, Cutler and Mayor Shannon Noes : None 1 Absent: Councilmen Housman and Boyd 3. Employment of ivir' s. Dorothy Lunter, janitor. On motion by Councilman Adams, , seconded by Councilman Cutler, Resolution No. 1444 of the City Council, approving employment of Mrs. Dorothy Hunter, effective April 1, 1944, as janitor, city offices, judges chambers and council chambers, also for Rationing Board quarters, to replace henry Van Kirk, resigned March 31, 14,44, was a-iopted by the following vote, to wit: Ayes-: Councilmen Therieau , Adams , Connell, Cutler and Mayor Shannon Noes : Yone Absent: Council-yen Housman and Boyd REPORTS; Reports were presented, -examined and ordered filed with the City Clerk, as follows : Covering March, 1944 - Treasl�rer' s report; Police Department; Minutes, Recreation Commission, with copies of resolutions adopted in regular monthly meetin of commission for March. UNFTNTSHL'D BUSINESS': The City Attorney informed the Council that negotiations had been completed with the counsel for American Airlines Inc. , for execution of a license agreement covering that corporation 's use of the airport on Section 18 - the terms of the agreement being similar to those under discussion with other airlines seeking the same use of the airport in order to have uniform regulations and agreements with regard , to use of the airport. On motion by Councilman Cutler, seconded by Councilman Adams, Resolution No. 1445 of the City Council, authorizing and directingthe 1'+layor and City Clerk to execute a license agreement with the American Airlines, Inc . , on the terms set forth in the agreement presented with said resolution (which resolution was read- in full) , was adopted by the following vote, to grit: Ayes : Councilmen Therieau, Adams, Connell, Cutler and Mayor Shannon Nees : None Absent: Councilmen Housman and Boyd On motion by Councilman Cutler, seconded by Councilman Connell, Resolution No. 1446 of the City Council, authorizing and directing the City Manager to negotiate renewal of the current lease on the Rationing Board quarters, on the terms presently effective, for as lonrc a term of occupancy as may be arranged, was adopted by the following vote, to twit: Ayes : Councilmen T'nerieau , Adams , Connell, Cutler and Mayor Shannon - Noes : None Absent: Councilmen Housman and Boyd An ordinance entitled "An Ordinance of the City of Palm Springs, amending sub-paragraphs 124 and 125 of Section P of Ordinance No . 119, adopted August 25th, 1942, " being an ordinance regulating the operation of coin operated machines, and prescribing licenses therefor - and being a redraft, with a chan,,*e In fees .fixed therehy, of an ordinance- on the same subject introduced in the meeting of March 22, 1944, was introduced by Councilman Connell and read in full and filed with the City Clerk for further action. Mr. Leonard J. Defani, present in chambers , addressed the Council in protest against the adoption of license fees as prescribed in said ordinance - Mr. Defani sneaking in behalf of his clients ,,rho operate coin-operated machines subject to the ordinance . Also Mr. Sol Ruskin, present in cha�iibers , made a similar address in behalf of his clients in said business . An ordinance entitled "An Ordinance of the City of Palm Springs , amending Section 4 (g) ' of Ordinance No. 75 of said city, being the Palm Springs Land Use ordinance, adopted December 13th, 1939, 1i in- troduced and read in full in the meeting of March 22 , 194,9 , was tabled, for further action in the next meeting of the council. The following committee reports were left in abeyance: (a) Public Safety - revision' of rules and regulations governing dancing; (b) General - advisability of ordinance regulating truck operation within Palm Sprin�2s . NEW BUSTNESS: The City iianager read a request from the .`stationing Board Chairman for an appropriation of- $120 for stenographic services duri.nt April. On motion by Councilman Therieau, seconded by Oounc '! Lman Cutler, Resolution No. 1447 of the City Council, approving an appropriation of e,p120 to cover ' Rationing 3oard stenograchic services during April, 1944, was adopted by the following vote, to wit: Ayes : Councilmen Therieau , Adams, Connell Cutler and Mayor Shannon Noes : hnne Absent: Councilmen Housman and Boyd A register of demands was presented, examined and approved by the Finance Oommittee and on motion by Councilman Therieau, seconded by Councilma-i Adams; claims and demands numbered PR-507 through" PR-662, 5121 through 5180 and FW'A Project 30 through 39 were approved and ordered paid by warrants drawn on the City Treasurer, by the following vote, to wit: Ayes : Councilmen Therieau, Adams , Connell, Cutler and ivlayor Shannon Noes : None' Absent: Councilmen Hou.'sman and Boyd On motion by "ouncilman Therieau, seconded by �,ounci.lman Connell, Cla.�m and Demand 5181, in favor of Kenny's Gilmore Service Station _ for y�194.80:' covering repairs to damaged police car as result of a collision January 1, 1944, and for which amount of (a-,mage's the City has just been reimbursed by the insurance carrier covering the other car involved in the accident; was presented; examined and a ) -)roved by the Finance Committee and on motion by Councilman Therieau, sedonded by Councilman Connell, approved and ordered paid by warrant drawn on the City Treasurer, by the following vote, to writ: Ayes : Councilmen Therieau , Adams, Connell, Cutler and Ivlayor Shannon Noes : None Absent:- Councilmen Housman and Boyd The City ClerkIs Certificate No. 2, covering the following fund trans- fers : To the Payroll Fund from the General -`und-�' 4,,811.85; from the Street' ?und-�623.41; from the Waste Disposal_ Fund-�w1.288.10; from the Recreation rand-072 ; and to the Street Fund from the General Fund-8;'600. , was presented, examined and approved by the Finance Committee and on motion by 6ouncilman Therieau; seconded by `'ouncilm<an Connell, approved and ordered certified to the City Treasurey by the following vote, to wit: Ayes : Councilmen 'iherieau, Ada^is, Connell f Cutler and Mayor Shannon Noes : None Absent: Councilmen Housman and Loyd The City Attorney informed the Council that Mr. C. L. McFarland, 287 attorney for the Estate of Alvah Hicks, deceased, had notified him of certain bequests to the City of Palm springs under Mr. IIicks ' will which will be of considerable value and benefit to the 1,1t7T. It was understood that the Mayor would address a letter to ;?r. McFarland, expressing the gratitude of the city council and city officials for TJr. hicks generous gift. On motion by Councilman hdams, seconded by Councilman 'Pherieau, Resolution No. 144B of the City Council, instructing the 1-ity Clerk to convey the thanks of the City and city officials to the heirs-at- lava of the de Brabant Estate for the paihtings donated by said heirs to the City of Palm aprinfs, was; adopted by the following* vote, to v✓it: Ayes : Councilmen The.riean, Adams, Connell, Cutler and Mayor Shannon Noes , None Absent: Councilmen Hot;sman and Boyd On motion by Councilman Cutler, seconded by Councilman Adams, Resolution No. 1449 of the City Council, instructing the City Clerk to acknowledge receipt of, and thank M13S Cornelia B. for, her conveyance executed to the City of Palm Sorin¢s, cover''.ng the "Dr. welwood Murray Study" now located in Block 26, Oity of Palm Springs, and reserving to Miss -White life estate in said building, was adopted by unanimous vote . There being no furtLer business, on motion by Councilman Cutler, seconded by Councilman iherieau,- and unanimously carried, the meeting was adjourned to Tuesday, April 18, 1944 - same being the day and date fixed by law for the canvass of returns of the municipal election held April 11, 1944, and for the installation of councilmen elected thereby. City Clerk MINUTES OF AN ADJOURNED MEETING OF IFL CITY COUNCIL OF THE CITY OF PALM SPRINGS ---and--- ML+'ETING TO CANVASS VOTES AND REORGANIZE THE CITY COUNCIL Held April 18, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No . 810 North Palm Canyon Drive in said city on Tuesday, April 18, 1944, at 7: 30 o 'clock p, m., pur- suant to adjournment of the meeting held April 5, 1944, and to canvass the votes cast at the regular municipal election held in said city Tuesday, April 11, 1944, and to reorganize the City Council by the election of the Mayor. The meeting was called to order by Mayor Shannon, who presided. Roll Call: Present: Councilman Eagene E. Therieau Councilman C . P. Adams Councilman John M. Connell Mayor F. V. Shannon City Manager R. M. Serum City Attorney Roy w. Colegate City Clerk Louise f4cCarn Absent: Councilman George A. Housman Councilman Philip L. Boyd Councilman Frank N. Cutler Draft of the minutes of the meeting held April 5, 1944, having; been previously distributed among the Council, was presented, approved and ordered copied in the IMinute Book. UNFINISHED BUSINESS: The following committees, due to absence of various members, pre- venting meetings and study of the subjects, were unable to present reports : - PUBLIC SAFETYre advisability of revision -of- rules and regulations governing dancing. and GEhTERAL re advisability of passing an ordinance re[;-ilating truck operation within the city. Action on ordinances previously introduced and read in full: (a) An ordinance to accomplish the zoning variance granted Gertrude Knowles et al after public hearings before the council February 16 '.and March 1, 1944, and pursuant to the terms of: Resolution No. 1421, adopted in the meeting of 1,1arch 1, 1944;, introduced and read in full in the meeting of March 22, 1944. On motion by Councilman Adams, seconded by Councilman 'lherieau, the second reading of said ordinance was waived by the following vote, to grit: Ayes, ; Councilmen Traerieau, Adams, Connell and Mayor Shannon Noes : None Absent : Councilmen Housman, Boyd and Cutler , And on motion by CouncilmanThe'rieau, seconded, by Councilman Adams, said ordinance,, being -Ord fiance No. 14:; of the City of Palm Springs, entitled "An Ordinance of the City of Palm Springs, amending Section 4 (g) of Ordinance No. 75 of said city, being the :aim Sprints Land Use Ordinance, adopted December 13, 1939, " was passed by the following vote, to wit: Ayes : Councilmen Theri.eau, Adams , Connell and Mayor Shannon Noes : None Absent: Councilmen Housman, Boyd andCutler (b) An ordinance regulat .ng the operation of coin operated machines and prescribing liconses therefor (being a redraft, with changes as to fees fixed thereby, of an ordinance on the same subject, previously introduced and read in full in the meeting; of March 22, 1944) ; introduced and read in full in the meetin,m_ of April 5, 1944. On presentation of this matter, under the Agenda for April 18, 1944, Mr. Thomas Lipps, present in Chambers, requested -permis- sion to address the Council: He requested that the ordinance be again read in full; and after such reading voiced objection, not to the ordinance,, but to its passage by the council as pre- sently organized. Further, he read and filed with the City Clerk a letter in the same vein. Thereupon Mr. Leonard DeFani, attorney for operators of machines which are coin-operated within the city, present in chambers, also addressed the Council, objecting. to the fees prescribed by the ordinance and to action on the ordinance by the incumbent council. Mr. Reuben Miller, also present in chambers, addressed the council on the subject, stating that he, a Palm Springs resident and tax-payer, could promise that if the operators (mentioned by Mr. DeFani) were to remove their machines because of the fees prescribed by the ordinance he, Mr. Millf,r. , would see that the machines were replaced in every instance by similar machines, the operators of which would be well satisfied to pay ; the fees therefor as prescribed by the ordinance. Having been read in full by the City Clerk for the second time, on motion by Councilman Connell, seconded by Councilman Adams, said ordinance, being Ordinance No. 146 of the City of Palm Springs entitled ,!'An- ordinance of the City of Palm SnrinTs, amending sub-paragraphs 124 and 125 of, Section P of Ordinance No. 119, adopted August 25th 1942, " regulating the operation of coin operated machines and prescribing licenses therefor, was passed by the following' vote, to mit: _ Ayes : Councilmen Therieau, Adams , Conncll and Mayor Shannon Noes : None Absent:Councilmen -Housman, Boyd and Crtler 289 Thereupon the Council proceeded to canvass the returns of the votes cast in the regular Municipal Election held within the City on April 11, 1944., Upon completion of the canvass, on mo- tion by Councilman Connell, seconded by Councilman Therieau, Resolution No. 1450 of the City Council, reciti.n7 the facts of the election and such other matters as are prescribed by Section 9919, Elections Code of the State of California, was adopted by the following vote, to wit: Ayes : Councilmen Therieau, Aciams, Connell and I':ayor Shannon Woes : None 1 Absent: Councilmen Housman, Boyd and antler The City Cle rl_ then filed statement of results of said election, as follows, to wit: STATEMENT OF THE RESULTS OF T-T—T REGULAR I9J7ICIPAL ELECTIQN IN TEE CITY OP PALIT S'PRI'TGS Tuesday, April 11, 1944 The whole number of votes cast; in said election in the City of Palm Springs was 431; he respective names of the persons voted for and the offices for which they were voted, vaith the number of votes received, were as follows: City Councilman for District No. �1 (Special Voting Precinct No. 1) : JOHN M. CONNELL 65 votes MATJRICE M. MCCANN . . . . 82 votes Cit_y Councilman for District No. 3 (Special Voting Precinct No. 3) : GORDIDi h. FEh:KIT G5 57 votes CULVEER NICHO.LS . . . . . 86 votes City Councilman for District Ido. 4 (Special Voting Precinct No. 4) : �EUGENE 'r,: THERIEAU . . . 12 votes City Councilman for District No. 5 (Special Votin? Precinct No. 5) : FRANK 'iu. CTT'PLER . . . . . 44 votes ARIL9AND V. 7=0NNET . . . 47 votes City Councilman for District No . 7 (Special Voting_ Precinct No. 7) : CLAREICE A. HYDT 38 votes No measures were voted upon aside from the fillint; of the afore- said offices and the number of votes given in each precinct for each person were as above set forth: The councilmen elected in Districts 1, 3, 5 and 7 were elected for the full four-gear terms : 1944-1948; and tre councilman in District 4 was elected for a two-gear term, ending in 1946. Thereupon, having-, been declared each a member of the City Council of the City of Palm Springs from the Oouncilmanic District set opposite his name, as follows : Elected a member of the Cif Council:_ From Councilmanic District: Maurice P,IcCann . . . . . . . . . . . No. 1 (including County Voting District Ido. 8) Culver Nichols . . . . . . . . . . . . . No. 3 Elugene L'. Therieau . . . . . . . . . . . No. 4 ' Armand V. Turonnet Ido. 5 Clarence A. Hyde . . . . . . . . . . . . No. 7, �ju the oath of office, prescribed by the Constitution of the .atate of California, was administered to each of said several members by the City Judge . On motion by Councilman Hyde, , seconded by Councilman iTcCann, Council- man Therieau, representin • District No . 4, was nominated for Mayor for the ensn-ing two years. On motion by Councilman McCann, seconded by Councilman Nichols, and unanimously carried, the nominations were declared closed. And on motion by Councilman 71chols, seconded by Councilman McCann, Councilman Therieau was elected T_!Tal'Tor of the City of Palm Springs for the ensuing two-year period and until his successor shall be duly elected, by the following vote, to w'it: Ayes : Councilmen Adams, IacCann, Clyde, Nichols and 'D-irpnnet hoes : None Present but not voting: Councilmen Therieau and Shannon Thereupon 1,layor 1herieau took the Chair and the City Clerk made the following Roll Call: Present: Councilmen Nichols Adams, i,icCann, 7yde, Shannon, Turonhet:�and Mayor ,Therieau City , Ildnager,. City ;Clerk 'and '.City"Attorney Absent: None Here Councilman Shannon left the meeting. The Council proceeded with consideration of the business before the meet:i.n„ as follows : C 0P,4G1IU NI C A'I1 ONS: A letter was read from James J. Campbell, informing the Sitar !'lork_ that he is abandoning his attempt to operate a "For Rent" automobile service within the city. A letter was read from P. R. 'KcReynolds, Area S,1porvisor, State In- come Tax Office, thanking the council and city officials for courtesies r extended State Tax Advisers : furnishing quarters etc . , while in Palm SprinRs. Two letters were read from R. E. Cawalti, State Division of Drivers ' Licenses, Los Angeles Office, thanking the city officials for coop era- tion and courtesies in furnishing q»arters for drivers ' examinations, and advisinIc of a chan,,;e in hours OR dates previously sup )lied for examinations in Palm Springs . A letter was read from, the National Brotherhood of Service :for Blind and Shut-ins, Western Eeadgi.arters, Santa ,T,%,nica, California, request- ing permission to sell flowers in Palm S,orinr,s P,Iay 13, 1944., to raise funds for the Brotherhood. Discuss-on developed that local service clubs in Palm ,Springs presently have a program snoported by local people for aid to the blind;, also, that a large ma,jorIty of our citi- zens contributed to ,the recent War Chest Drive with a vie•rr to doing away, with any such sale as that for which nermissi-on is requested.. Thereupon, on motion by Councilman I,IcCann, seconded by Councilman Hyde, Resolution No. 1451 of the City Council, instrictln;7 the City Clerk to notify the National Brotherhood of Service for Bland and Shut=ins that their request had been denied - and why, was adopted by the following vote, to wit: Ayes : Councilmen Dilchols, Adams , TV!ccann, Hyde, Turonnet and I'rTayor Therieau Noes : None Absent: Councilman Shannon The following communications were read from the State Board of Equalization: (a) Notice of Decision on the City' s Protest by hearing recently held in Palm Sprinp a-ainst issuance of off-sale liquor and beer-and- wine licenses to Barney Ostrow and Arthur "Volpe, 380 North Palm Canyon Drive, stating that the said application had been denied; and 291 (b) Notices of applications for licenses : (a) by Hazel Sabatella dba Frank's Cafe, on Amado (toad: ( 1) for on sale distilled spirits, quarterly; (2) for transfers of licenses from Gladys Y. Murray, at same address, covering: (a) on sale distilled spirits, quarterly; (b) on sale beer and wine. all in connection with the purchase (and ooeration) of the restaurant and coctail bar, formerly the Amado, by Hazel Sabatella from Gladys Y. Murray: and (b) by-Elmer L. Kolstad dba Cue Club, for on sale distilled spirits, quarterly--being a routine notice covering a transaction completed some time ago. No Action by the Council. NEW BUSINESS: A register of demands was presented, examined and approved (by the Mayor as a member of the Finance Committee ) and on motion by Council- man Adams, seconded by Councilman McCann, claims and demands numbered 5132':.through 5201 were approved and ordered paid by warrants drawn on the City Treasurer, by unanimous vote . An application for a dance permit, by Margaret Anderson, Holler Fowl, for a dance April 8, 1944, fee paid, was presented for ratification of action by the Chief of Police in permitting the dance subject to 'action by the Council at its ensuing meeting. On motion by Councilman Nichols, seconded by Councilman `.Puronnet, Resolution No. 1452 of the City Council, ratifying• said action by the Chief of Police, was adopted by unanimous vote. Mere the City Attorney addressed the Council regarding construction by the United States Government , of a serer line from the TorneY General Hospital to the Government 's disposal plant in Section 19, saying that, after considerable time, net*otiations had been s>>ccessfiillg term:i.nated a :rhereby the Government would restore and repair our city streets in- volved in such constr>ction; therefore that he now recommended execution of an easement to the Government covering its rig,-t of way over the rid city streets-in connection with said sewer line . After some diselassion, on motion by Councilman Adams , seconded by Councilman McCann, Resolu- tion No. 1453 of the City Council,' aut:'norizing and directing the 7ayor and City Clerk to execute said easement, was adopted by unanimous vote. The Mayor informed the Council that I1+Ir. Francis Crocker had requested Mr. Shannon to pr,:sent to the Council his resignation from the City Flanninj;-Commission; and on motion by Councilman Adams, seconded by Councilman Nichols, Resolution No. 1454 of the City Council, approving the P,4ayor 's acceptance of Mr. Crocker 's resignation from the Planning Commission, effective immediately, Frith a vote of thanks to --,Jr. Crocker for his fine service as a member of the commission, was adopted by unanimous vote. Mr. Crocker, present in Chambers, rose to remark that he wanted it understood that his resi;,nation was made necessary by the press o_' his private business, and in no way to be construed as con- nected with the change in council membership. Here Mr. Lipps amain addressed the Council, callinm upon the councilman from his district to proceed with action looking to repeal of any legis- lation passed in the early part of t`�.!s meeting by former members of the council. ti+hereileon the !,Ia-,-or announced that there would be ample time for study of the coin-machine ordinance before the next council meeting and suggested that Yr. Lipps, and any others inter:sted, submit in writing;, in due time prior to the next council-meeting, any ob- jections and suggestions they night have on the subject; Mr. DePani again addressed the Council, apologizing, to the Couno.11 and to , Mayor Shannon for some of his previous remarks. Inere being no further business, on motion by Councilman Hyde, seconded by Councilman McCann, and unanimously carried, the meeting adjourned. City Clerk IrIIN`ITIS OF A REGULAR 1,113 TINC 070 THE CITY COUNCIL OF 1H]' CITY OF PALIJ SPRITdGS Held May 3, 1944 The City Council of the City of Palm Sprints held a meeting in the Council Chambers known as No . , 810 ITort'_n Palm Canyon Drive in said city,on- 'Nednesday, May 3, 1944, at 7 :30 o1clock p.m. , the said- day being the first ;Pednesday of said month of May. The ineeting was called to order by Mayor Therieau, who pres'Lded. Roll Call: Present: Councilman C . P. Adams Councilman Maurice McCann Councilman C . A. Hyde Councilman F. V. Shannon Councilman Armand V. Turonnot, Mayor 1+ugone E. 'lherieau City Manager R. M. Sorum City Attorney R. Pr. Colegate City Clerk Louise IMcCarn Absent : Councilman Culver Nichols Draft of the minutes of the meeting held April 18, 1944, havinry, been previously distributed among the Council, was presented, approved and ordered copied in the 11inute Book. Here Councilman McCann referred to the resolution (No. 1451) adopted in the _meeting of April 18, 1944, on his motion: refusin permission to the Rational Brotherhood for Service to Blind , etc . , to sell flowers in Palm Sprints, qn the around that such a sale was unneces- sary because of local programs covering; such matters ; and stated that he wanted to go on record that said resolution did not mean he was opposed to Veterans selling, poppies and forget-me-note ' something ,i^rhicli he heartily favored. IIe was informed that , Veterans l:iad always been permitted to conduct such sales in ,Palm Springs . CO]�MT.NUiICATIONS: A letter was read from the Palm Sprint,,s Real Ilstate Board, requesting representation on the City Planning Commission. Discussion developed that under the established practice appointments to the Commission had been with :a view, to individual qualification without consideration as to the individual's business or professional association. No, action ,.;as taken by the Council other than to leave the matter in t',.Ze hands of the Mayor with regard to such appointments. I'_ere Councilman Nichols entered and joined the meeting : A letter Was read from Mr. Leonard J. Defani, requestin,^ in oppor- tunity for his clients, Nv ssrs . Cooper and Collard, to be heard with regard to Ordinance No. 146 (regulatincr and licensln� coin-operated Ina c'uines ) . Whereupbn ,the 'Yayor called upon Mr. Philip. S. Ehrlich, San Francisco attorney representing Clarke Lros. , distributors for Wurlitzer, present in chambers . I.Tr. IRnrlich presented a requost for modification of the foes fixed by the ordinance as to coin-operated music distribution. Ile was followed by Mr. Defan:i., i^rho voiced th.e same plea and presented a list of other cities ' fetes for such distribu- tion. Mr. `1"nomas Lipps, also present in , chambers , voiced His reiterated objection to the passage of the ordinance by members of the outgoing council. Discussion finally centered upon whether or not the fees i'ixed by the ordinance (on music distribution) could be tei°med 'punitive", , and Mr. '� rlich offored- to compile and produce evidence in proof that the fees as presently recited in the ordinance are punitive . , The Mayor announced that when conclusive evidence inproof of ]vTr,. Lnrlich' s contention could be filed, the Council u wold be Glad to correct the inequity by an amendment, meantime that the ordinance had been -passed after due deliberation and would become effective as of 1.4ay 18, 1944. 293 A letter was read from P4r . F. V. Shannon, tenderin- his resi-nation _Prom the Council. After e. pressicns of regret from various members of the Council, it th high praise for Mr. Shannon ' s long and faithful service to the City, and with an especial tribute from I;^ayor `_iherieau to ilayor Shannon, on motion by Councilman Nichols, seconded by Council- man Adams , resolution IIo. 1454 of the City Council, accepting Mr.Shannon ' s resignation with regret and with the deepest thanks-of the Council aryl the citizens of Palm Springs to Mr. Shannon for his many years of civic service, was adopted by the unanimous vote of the Council. thereupon !Jr . Shannon expressed his pleasure in working; with and for the various members of the Council, the cite officials and the 1 citizens of Palm Springs, and took his departure from the meeting. A letter was read from the manager of the Western Union Telegraph Company, requesting a zoned parking space in front of the telegraph office to accommodate the company' s messenger cars . ithe Mayor an- nounced that the matter would be referred to the Public Safety Com- riittee for invesLI-gation and report, and instructed the City Clerk to so notify the Company. Here Pars. Melba Bennett, present in Chambers, was called upon by the !?a-or, and spoke in behalf of the Recreation Commission pro ram, re- mindinr� the Council of two matters soon to be decided : (1) Whether the City should renew the Field Club lease which expires in June ; and (2) Whether to obtain further 701A funds for servicemen ' s recreation. She read two letters expressing appreciation for the servicemen ' s recreation program conducted by the City at the Club : one from the Army Airfield Commander and one from L-he `Forney General Hospital Lxecutive Officer. Mrs. Bennett presented the Conmlissi.on 's recommenda- tions for renewal of the Club lease and negotiation for further FINA funds - indicating that the letters just read evidenced the need for a continuance of the present recreation program for servicemen. After some discussion the Mavor announced that the matter would be referred to the Boards and Commissions Committee for study and report, adding that he expected to have the council committees reorganized and appointments ready to announce in the next meetin7. A letter was read, addressed to the Ieiayor by the Chairman of the Rationing Board, requesting an appropriation of .'40 per month for Board stenographic services commencing with the month of P;iav until further notice. The request was referred to the City Manager for his recommendation and, after pointing out that the requested appropriation was less pro rate. than previously appropriated for extra held at the board on a day--to-day-basis, on motion by Councilman Adams, seconded by Councilman Nichols , Resolution No. 1455 of the City Council, ao_provinp the appropriation of G40 per month for Rationin¢ Board steno _rraphic services during* May and June, was adopted b;*fthe followine vote, to wit: Ayes : Councilmen Nichols, Adams, Ycr ann, 14yde, 'Turonnet and Mayor Therieau Noes : None Absent : None A letter was read, addressed to the BPayor by ➢Rr. Clarence W. Wolff, tendering his resignation from the Planning Commission, effective immediately. On motion by Councilman Nichols, seconded by Councilman McCann, Resolution No. 1456 of the City Council, approving, the I'layor 's acceptance of Mr. ;"tolff 's resignation, was adopted by unanimous vote. A letter was read, addressed to our Fire Chief by the Riverside County Fire Coordinator, Riverside County Defense Council, requestin? execution of the ]Si:1ath Regional Agreement for ITutual Aid Fire Plan by the City. Discussion developed that such agreements (under Civilian Defense) have been put into effect in many re,a,i_ons over the state and that the form submitted might prove ;more acceptable if executed with specific qualifications . ,thereupon the P,Sayor referred the matter to the City Tans= for study and recommendation to be submitted in the next council meeting. RLPOrTS: Reports were presented, examined and ordered filed with the City Clerk, as follows : For April 1944: Treasurer, Police Department, City Clerk Fund Statement; for quarter ending ITarch 31, 1944: Fire Department. 1 tl UNFINISHED BUSINESS: '-gone. Yml BUSINESS: The City I'danager recommended: ( 1) A p15 increase in the monthly salary of PJarylou hingsbury, book- keeper, to a total of �; 190. , the increase to be charged to 'Haste Disposal Department, effective as of iv-Task 1, 1994. On motion by Councilman TMcCann, seconded by Councilman Hyde , 111esolu- tion 1457 of the City Council, approving the increase of H;15 per month in P,Tiss It.ingsbury 's salary, effective as of Play 1, 1944, said increase char ,eable to 'Waste Disposal Department, was adopted by the following vote, to wit: Ayes : Councilmen Nichols, Adams, - GlcCann, Hyde, Turonnet and I!Iayor Therieau Noes : IT one Absent : None (2 ) Employment of Arthur F. Wright as Deputy Buildin ,, Inspector, as of April 24, 1944, at S'p225 per month plus monthly car allowance , of p25. , and on motion by Councilman T-Tyde, seconded by Councilman McCann, Resolution No . 1458 of the City Council, approvin;,: the employment of Arthur F. Viright, Deputy Building Inspector , 5p225 per,month plus a ' ;125 monthly car allowance, effective April 24, 1944, was adopted by the following vote, to, wit: Ayes : Councilmen Nichols, Adams , McCann, Hyde, ,Turonnet and I4ayor Therieau Noes : None Absent: None On being asked, as to whether I;Ir. 'i'lright ' s employment would continue if, as and when the Building ,Inspector is able to resume his duties, the City Iuanager stated that present indications are that the In- spector and the Deputy will have all they can do tor•ether, to enforce building regulations and maintain the public safety. (3) Employment of Richard ?,Toseley, Volunteer Fireman, as of P�Tay ,1, 1944 and on motion by Councilman l'uronnet, seconded by Councilman Nichols, Resolution No. 1459 of the Cit�J Council, a7?proving such employment (which brin-s the total number of volunteers up to 17-)-, was adopted by the followin 'vote, to - wit : - Ayes : , Councilmen Nichols, Adams , McCann, Hyde, 'ilironnet and Mayor Therieau Noes : None Absent : None (4) Relocation of $top signs, as follows : (a) Remove one from northeast corner, and one from southwest corner, Tamarisk and Via Niraleste ; and (b) Install one northwest corner, and one southeast corner, Tamarisk and Indian Avenue. On motion by Councilman Nichols, seconded by Councilman Turonnet, Resolution No. 1460 of ,the City Council, approving the removal recommended in Item (a) above, was adopted by unanimous vote. Installation recommended at the intersection of 'Tamarisk and. Indian Avenue being a matter which requires amendment of the , existing traffic ordinance, on motion by Councilman N-ichols, seconded by, Councilman Hyde, Resolution No. 1461 of the City Council, approvinn the recommendation stated in item (b ) above, and instructing ,the City Attorney to prepare the necessary amendatory ordinance to accomplish the recommended installation, was adopted b;, unanimous vote. _ A register of demands was presented, examined and aprr owed (by I,2ayor Therieau as a member of the Finance Committee ) and on motion by Councilman Adams, seconded by Councilman PlcCann, claims and demands numbered PR-663 through PR-705, 5202 through 5253 and, YNA Project 40 through 49 were approved and ordered paid by warrants drawn on the City Treasurer, by the following vote, to wit : 295 Ayes : Councilmen Nichols; Adams,- McCann Iiyde, Turonnet and Mayor Therieau Noes : IT Absent : None The City Clerk's Certificate No . 3, covering the following fund trans- fers : To the Payroll Fund: from the General 17und-1y4, 488.72; from the Street Fund-"0 04.47; from the Waste Disposal r nd-;1u1, 144.56; from Recreation Commission Fund-'N7.50; and from the General Fund to the Street Fund-;y1000.00, was presented, examined and approved (by Mayor Therieau as a member of the Finance Committee ) and on motion by Councilman Adams, seconded by Councilman Turonnet, approved and ordered certified to the City Treasurer, by the following vote , to wit: Ayes : Councilmen Nichols, Adams, 11cCann Hyde, Turonnet and Mayor Therieaa Noes : None - Absent : None A resolution was read, prepared on the su mestion of the Mayor, expres- , sin;; the City's approval of 111A ( Transcontinental 8.-, 5estern Air, Inc. ) service into Palm Sprin<rs . The Mayor informed the Council that the City Attorney has been negotiating with ZINA, and with other trans- continental airlines , for license agreements covering use of the Palm Springs airport. On motion by Councilman Adams, seconded by Council- man Turonnet, Resolution No. 1462 of the City Council (as read) , expressing the City 's approval of `01KA service into Palm Springs, was adopted by unanimous vote . The I,4ayor submitted a petition bearing_ some 82 names, in support of the appointment of 4r. 'Nalter Z. i'111en to fill the council vacancy in District 6, due to I:Ir. Shannon's resignation. IIe announced that the City C1e2k would check the names against the registry of voters and report to the next meeting of the council, when action on the petition would -be taken. The Mayor brought up the matter of renewal of the Field Club lease, and reviewed the history of such leasing. IIe then suggested that the whole situation might be clarified if he were authorized to communicate with the Field Club stockholders, requesting from them expression as to whether they would -be inclined to dispose of their stock (looking to ultimate donation to the City) ; and further requested authority to the City Manager and himself to enter upon discussion with holders of trust deeds on the Club regarding their willing^ness to dispose of the same . The City Attorney gave it as his opinion that the procedure outlined by the 1','ayor would in no way bind the Citv in its future negotiations with the Club and lave a brief resume of the Field Club stock transactions and of past negotiations between the Club and the City, stating that he would advise following the ='avor ' s su7l;estions as a means to clarification of the entire situation between all parties in interest. Whereupon on motion by Councilman Hyde, seconded by Councilman Nichols, Resolution No. 1463 of the City Council, authorizing the Mayor to write yield Club stockholders as su'-"gested by him, and ai.ithorie= the Ietayor and -City_11.anam_ er _to -enter upon discussions with the -Field Club Trust Deed holders (also as su7o-ested by the ''.ayor ) , was adopted by unanimous vote . Councilman Adams recommended action at an early dateto provide, as a matter of public safety and health, and as a humane measure, for the collection and disposal of all stray dogs in the city before the summer sets in. Y! . Adams was informed that the Desert Shelter (local humane society) through one of its officers had just notified the City Clerk of the Shelter ' s program along the lines of his recommenda- tion, and that the program is to be presented to the Council shortly. There being; no further business, on motion by Councilman Hyde, seconded by Councilran ibronneL, and unanimously carried, the meetinP_ adjourned to 'Nedncsday May 10, 1944, _at 7:30 o 'clock p.m. City Clorl» C��— IJINUTES OF A SPECIAL IY'ETTJTCT OF 7IL' CITY COUNCIL OF THE CITY OF PALIT SPRIb1^S Meld May 9, 1944 7-he City Council of the City of Palm Springs; California, held a special meeting in the Council Chambers , 810 Forth Palm Canyon Drive, in said city, on 1.n sday, [%Cay 9, 1944, at 5:00 o 'cllock 'p.m. , pursuant to call by the Honorable Dagene E. Iherieau, 11a70r, dated May 3, l944 . the meeting was called to order by Flayor 'Iher_i.eau, wlao presided. Roll Call : Present: , Councilman Culver Nichols Councilman C. P . Adams Councilman C . A. Hyde Councilman Armand V. i'uronnet Mayor Lligene E. Therieau. City I:Ianager H. M. Sorum City Attorney Roy '"'. Colegate City Clerk Louise i',IcCarn Absent : Councilman i.Taurice McCann I'he call by the 'idayor was read as follows : "CALL AND YOTICE FOR A S211-CIAL MEETING OF TFTE CIl"Y CO ]ITC IL OF THE CI LL OF PALM SPT:INGS !ITTOTICIII is hereby _g,iven that I , the undersigned Mayor of the City of Palm Springs , do hereby call a special meetin- of the City Council of the City of Palm Sprin.2s, California, to 'be held at 5 : 00 o 'clock, P.' m. , Tuesday, May 9, 1944, in the Council Chambers, No . 810 Piorth Palm Canyon Drive , in said city, such being the place 1,ahere the city council is accustomed and by ordinance required to hold meetings , for the fol.lowin,; purpose— To consider and act upon the petition presented in the meetinrr, of the Council held May 3, r1944, signed by re,_,istered voters of ' Dis- trict ,No . G of the City of Palm Springs : to fill the vacancy in the Council for that district due to the resignation of tar. P. V. Shannon from the Council; and for such other business as the City Council may legally transact. "WITHESS my hand this 3 day of May, 1944. " (signed LUGPNis' L . THERI'3AU, Tlayor of the City of Palm Springs, California. " 'mere eras then presented Consent and Waiver of Noi:',ice in writing signed by members of the City Council and filed. with the City Clerk prior to the meeting, as follows: "I, the undersigned, member of the City Council of the City of Palm Sprints, hereby consent to the i,olding of a special meeti'nq of the CitIT Council of the City of Palm Sprin_r's in the Council Chambers, 810 North Palm Canyon Drive, in the Cit? of Palm Sprin_;s, at 5:00 o 'clock p.m. , Tuesday, liay 9, 1944, for thepurposes and to consider _anel -act upon the matters specified in the Call and. Notice for such meetin;^ made and signed by the Honorable Engene T. Therieau, '?a;ror of the Cit-T Of Palm Snri.ng,s , on May 3, 1944, service of which notice is' hereby acknowled;ed, and I hereby waive all further notice of such meeting. IIIVI-TPi}sSS my hand this 8 day of T;Iay, 1944. " ( signed) Dagene E. Therieau Culver Nichols C. Adams T,Taurice SGcCann Clarence A. Hyde Armand V. Turonnet (Each) wlember, City Council of the City of i'alm Sprin-s, California. " Said call and consent and waiver of notice having been examined by the members of the Council, and being considered sufficient; for the purpose thereof, t'Ze meeting was unanimously declared convenecl. 29'1 Uie I:4ayor announced that the City* Clerk had checked the signatures on the petition circulated in behalf of the appointment of Mr. ';halter Z. Allen as Councilman, sixth District, to fill the vacancy there created through the resignation of IIr. F. V. Shannon, 66 of the sinners being re-istered voters_ in District 6 and 7 of them,re;. i9t6red voters in other City districts . 11_he TaTayor informed the council of the alternative procedures available : to table the matter for 30 clays and have a special election or to adopt a resolution approvin- the appointment of Yr. Allen to fill the unexpired term ending in 1946. On motion by Councilman Hyde, seconded by Councilman 1'uronneL, "esolution No. 1464 of the City Council, approving the appointment of I4r. ':'loiter Z. Allen, to fill the unexpired term of Mr. F. V. Shannon, as councilman, District 6, was adopted by the following vote, to ,,,It : Ayes : Councilmen Nichols, Adams , Hyde, 1'uronnet- and 7,7ayor 1"nerieau Noes : Alone Absent : Councilman A4cCann The City Clerk was thereupon instructed to notify* NTr. Allen that he should present himself before Jndge Pinney, and take his oath of office as a member of the City Council, in order that the oath mimht be filed of record and Mr . Allen qualified thereby to participate in the next rneet.in!t of the city council . Here the IeTayor announced his reorganization of the City Recreation Commission, with several new appointments thereon, as follows : For the five one-year terms e piring June 30, 1945: ticappointment of incumbents : Mr. 2"Jerrill Crockett Mrs . ' lba Bennett T.4r. Prmk Cutler and appointment of : Mrs . ?Tarriett Tlenderson, as representative of Palm 8i.,rir7s Vioman' s Club ; P,7iss Helen A. McCallum, a retired school teacher experienced in school recreation work For the ,five t:wo-year terms expirin,^ June 30, 1946: Reappointment of incumbents : Dr. Ernest Oertel, representin- Palm Springs- High School; Mdss Katzer,inc Finchey, representin- Desert School District ; and appointment of : Mr. Cordon Peekinms, representing American Legion; Mr. Gordon Nicholson; and ]!r. Harold TTicks. On motion b7T Councilman Daronnet, seconded by Councilman Nichols, Resolution No. 1465 of the City Council, approving the above recited Pecreation Commission appointments by the RTayor, ,vas adopt- ed by un- animous vote . 1T1_,e P+Tayor announced that if any member of the council committee having_; to do with such matters had any recommendations on the subject, he would welcome their presentation. the Mayor announced his appointment of Parr. Harry IT. Williams to fill the vacancy in the City Planning Commission due to the resignation of P,Tr, Clarence L. 1Volff, and on motion by Councilman 'dichols, seconded by Councilman llaronnet, said appointment was approved by Resolution No. 1466, adopted by the following vote, to wit : Ayes : Councilmen Nichols, Adams, Hyde, ' ironnet and PTavor 1Therieau Noes : None Absent: Councilman ARcCann 7ne City Manager stated that through inadvertence the necessary resolu- tion coverin- payment of +ij;10 each to waste disposal truckdrivers for extra work during April had been omitted from the aayenda for the !';Tay; 3 meeting and on motion by Councilman Adams, seconded by Councilman Hyde, Rosolnti_on No. 1467 of the City Council, arprovin,? the payment of w10 each to waste disposal ' true'_ drivers Frank Britton, Antonio, Ciodinez, Philip Godinez; A. Velasquez and Ramon Estrada for extra worm durii April, 1944, - was adopted by the following vote, to wit : Ayes : Councilmen Nichols, Adams, ?I Tde, Turonnet and Eayor Therieau Nees : None Absent : Councilman 1.1cCann Here the E"ayor called upon Dr. O.B. McAory, City health Off`_-cer, present in chambers, who spoke on the subject of t] e menace to the public health and safety arisin;; from the abandonment of dohs and cats in the city over the summer months. He made particular 'reference to the necessity for control and prevention of rabies, which i_s most frequently spread through stray animals . He stated that he presentl9' has an arrangement with the Desert Shelter ( local humane society) for treatment and care in his hospital, with stipulated fees, of stray animals brought in there by the humane society ; however, that a great many animals have been placed in his care by citizens ' repo:^tin,rc abandoned animals ; that in almost every -instance he. is unable to ever locate owners of these abandoned animals and is never reimbursed for the animals ' care and treatment. He expressed the opinion"that the Desert Shelter officers would" be iriillin(o; that the City use the Shelter animal wa-on for collection of stray animals and stated that the cus- tomary procedure in other cities is for the animal:, to remain in the city pound for five days, after which, if unclaimed, the animal is destroyed. The City Attorney gave a resume of the history of the enactment of Ordinance No. 129, providing; for a city pound and humane officer. He recited the, circumstances in connection therewith : that the ordinance had been passed at the insti<;ation of the Desert Shelter, under the v.nde.r. standing , t'_ at the Shelter- and the City would undertake a worlci.n-, agreement for joint administration; that the Shelter officers were never able to perform their part and the council was opposed to con- tinued enforcement of the ordinance until such time as the Shelter was in a position to perform its part of the obligation. I The City Yananer when called upon expressed agreement with the Health Officer that something should be done without delay to take care of the stray animals . He added that he doubted if any legislation could ever be enacted which would render the operation of a city pound self- supporting. Judge Pinney, present in chambers,_ voiced a plea for i?rmediatc provision to care for and dispose of stray animals - -ivinm many instances over the past summers when the lack of such a provision had operated as a definite menace to the public health and safety, and had also resulted in extremely inhumane treatment of the animals. After some further discussion, unanimous agreement was expressed that immediate action should be forthcoming, regardless of the fact that any program for the proposed regulation and control of stray animals (and the restoration'' of enforcement under Ordinance: No. 129) would entail expense to the City, and the matter was referred to the City i;'iana ;er for study and. his recommendation for a definite program,' to be presented in the next meeting of the council. Here the -Mayor presented each member of the council with a list of standin_, council committees as rearranged under his administration (with the suggestion that, any member who wished to be transferred to a different committee, mention the matter to him) , as follows , to snit: ' Boards and Commissions ' Relations : Chairman - Councilman C,tcCann Library, Recreation, Parks, Members -- Councilmen Hyde Schools and City Planning and Nichols Finance Committee : Chairman - Councilman Allen City Treasurer, Franchhises, Budmet, 14embers -- Councilmen Hyde s Taxation, Insurance, Business Li- and McCann censes, Appropriations, Transfers 299 General Committee : Chairman - Councilman Adams Building Department, City Attorney Yembers -- Councilmen Allen City Clerk, Legislation, City and I:TcCann Buildin-s and Mli.scellaneous Indian Lands and Health and Sanitation:Chairman - Councilman T:.i-ronnet Indian relations , Airports, '•,Caste Mombers -- Councilmen Nichols Disposal, Health and sanitation and Adams Public Safety Coimnittee : Chairman - Councilman Hyde nCre 'bepartment, Police Department, Members -- Councilman Turonnet City Court and Special Permits and Allen Public VVorks Committee : Chairman - Councilman Nichols 6treets , Flood Control, Landscaping, Members -- Councilmen Turonnet Horse Trails, Bridges , Sidewalks, and Adams City Engineer and Street Superintendent - - - - - - - - - - - - - - - - - - - - - - District Councilman His Committees 1 TcCann Boards etc . , General, Finance 2 Adams Public Works, G noral, Indian 3 Nichols Boards, etc. , Public, 'Works , Indian 4 Therieau P,Iayor 5 lhzronnet Public Safety, Indian etc . , Public -Works 6 Allen General, Finance, Public Safety 7 Hyde Public Safety, Boards, etc. , Finance The City Attorney here referred to the Notice of hearing_ de ,novo sent by the State Board of Equalization, set for 11:00 a.m. , May 11, 1944, in Sacramento, in the matter of the City' s protest against issuance of off-sale liquor licenses applied for by Yessrs .Ostrow and Wolpe, to operate a store at 380 North Palm Canyon Drive. He advised representa- tion at the hearing if the desired results were to be obtained. After some discussion, on motion by Councilman Nichols, seconded by Council- man Adams, Resolution No. 1468 of the City Council, authorizing and directinfi, the City Manager and the City Attorney* to represent the City in the hearing above referred to, and recommendinrr that the Playor or another member of the Council also attend if convenient, and author- izinW,payrnont of expenses in connection with said trip to Sacramento, was adopted by unanimous vote . There being no further business, on motion by Councilman Nichols, seconded by Councilman Adams, and unanimousl7T carried, the meetin7 adjourned. , _ ` City Clerk MINUTES OF AN ADJOURNED NE TING OF T11E CI`i7Y COTjNCIL OF THE CITY OF PALM SPRINGS Held T,Tay 10, 1944. The City Council of the City of Palm Springs held a meeting in the Council_Chambers, known-as No. 810 North Palm Canyon Drive in said 1 city on Wednesday, 1,11ay 10, 1944, at 7 :30 otclock p.m. , pursuant to the adjournment of the regular meeting of May 3, 1944. Roll, Call : Present: Councilman Armand V. T'.ironnet City Clerk Louise T:TcCarn Absent: Councilman Culver Nichols Councilman C . P. Adams Councilman Piaarice _)TcCann Councilman C . A. Hyde Councilman Walter Z. Allen Mayor Eugene E. Therieau There being no gzeorum present, Councilman Turonnet, by public announce- ment, adjourned the meeting to Tday 24, 1944, at 7 :30 o �clock p.m. City Clerk Wo MINUTES OF AN ADJOURNED MEETING OF THZ CITY COUNCIL OF TIDE CITY OF PALM SPRINGS Held May 24, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers knain as No. 810 North Palm Canyon Drive in said city on Wednesday, May 24, 1944, at 7:30 o'clock P,M. , pursuant to adjournment of the meeting held May 10, 1944. The meeting was called to order by Mayor Therieau, who presided. Roll Call: Present: Councilman Culver Nichols r Councilman C. P. Adams Councilman Maurice McCann Councilman C. A. Hyde Councilman Armand V. Turonnet Mayor Eugene-E. Therieau City Manager R. M. Sorum City Attorney Roy W. Colegate City Clerk Louise McCann Absent: Councilman W. Z. Allen Here Councilman Allen entered and joined the meeting. The City Clerk presented the oath of.office taken by Mr. 1V. Z. Allen before Judge Pinney on the loth of May, following approval of Mr. Allen's appointment as . Councilman for District No. 6, in the special meeting of the Council held May 9, 1944. Drafts of the Minutes of meetings held May 3, May 9 and May 10; 1944, having- been previously distributed among the Council, were presented, approved and ordered copied in the Minute Book. COMMUNICATIONS: Because of the several people present in chambers pursuant to written ' request therefor, to protest against license fees now in effect on coin-operated machines under Ordinance No. 146, the Mayor announced that any such protests, to be effective, must be supported by facts and figures. He first called upon Mr. Ivie of the Peerless Weighing Machine Co., who spoke in behalf of his company and the Automatic Service Co. 's (weighing machine ) representative, Mr. G. S. Rowley', also present. Mr. Ivie brought out that the average return on a weighing machine was approximately � 24 per year, out of which commis- sions were paid. He quoted license fees in effectin a number of other cities, and qp ted-the receipts on two Palm, Springs machines : one in Youngs Liquor Store, t4.10 net to the company for a three-month period; and one in Miller' s Bicycle Shop, $18.44 for one year. Mr. Ivie 's company, has about eight machines in Palm Springs, and the Ideal and Atlas (both of which he had been asked to represent) have about four each, and .the Peerless Co. has three. Mr. Buchwalter, whose company operates cigarette vending machines, presented a sworn statement covering his operations, together with a copy of his 1943 income tax return, form 1040. He requested that the return be held confidential between himself and the Council and was promised that the information would be held confidential and the form 1040 returned to, him without delay. He stated that in the past it had been his custom to operate in Palm Springs for about six months of the year. He mentioned that in thirteen years of operation, he had received butone complaint of minors obtaining cigarettes from his machines ; that everyone installing his machines was always fomwarned against permitting minors to operate the machines. Mr. Buchwalter further invited the City°s inspection of his books at any time . Mr. M. M. Pavny spoke in behalf of his brother, James J. Pavny, operator of music boxes, and presented a statement covering operations so farj showing a consolidated loss of $1.91 since the date of commencement: March 21, 1944. The Mayor announced that these protests and data submitted would be referred to the Finance Committee for study and recommendations, if any, on the subject. I;?r. Ivie and- Mr. Rowley requested to be notified by mail of the 'Committeels . findings. 301 Here the City Manager presented a tentative report on the City Pound situation and called upon M s . Tdilberta Lippe, present in chambers, to speak on the subject in behalf of the Desert Shelter. Mks. Lipps stated that the Shelter ' s funds derive mainly from donations and that the most the Shelter could possibly contribute toward the pound expense in any one month would be $125; that the Shelter is presently expending �90 to �100 per month for maintenance and treatment of stray animals-- this amount being exclusive of maintenance and operation costs for the Shelter animal wagon or compensation for anyone 's time. She stated that the Shelter would be more than willing to do its part; however, that the Shelter animal wagon had been a memorial gift to the Shelter for a specific use and could only be used by the City for pound 1 collection provided it was also always available for picking up animals for admission to the veterinarian hospital. The City Manager added to Mrs. Lipps ' remarks his own opinion that proper administration under the ordinance would require a pound master on duty 24 hours a day; that such- a man would require a telephone ; and arrangements would have to be made so that he could use the animal wagon on short notice - subject of course to an agreement to that effect worked out with the Shelter officials. He reiterated his former statement that proper administration under Ordinance 129 would create an expense to the City of from $250 to $300 per month, over and above -the possible contribution of $125 per month from the Shelter. A suggestion that city trucks might be converted to use in collecting stray animals was not workable, in the City Manager 's opinion, for three reasons : (1) shortage of help; (2) because any men or trucks available he plans to use in much needed street work; (3) any city employees we now have would not be adaptable for the pound work. He added the statement that it would cost several hundred dollars to arrange quarters for a pound master in Dr. McRory's veterinary hospital. The matter was finally referred to the General Committee to join with the City Manager, M;s. Lipps and other Desert Shelter officials to work out a solution and present findings in the next meeting of the City Council. A letter was read from Mr. William W. Walters requesting permission to operate a bakery at 200 North Indian Avenue. The City Clerk was Instructed to refer this request to the Planning Commission for recommendation and report to the next meeting of the City Council. A letter was read from Mr. Elmer W. Shutte requesting permission to operate a glass and window glazing shop at 483 North Indian Avenue. Mr. Shutte, present in chambers, spoke in behalf of his request and stated that any shop he operated would be maintained in good order and operated quietly. Councilman Adams recommended that Mr. Shutte 's request be granted. The City Clerk was instructed to refer the matter to the City Planning Commission for recommendation and report to the next meeting of the City Council. A notice of the decision of the State Board of Equalization in the matter of the City 's protest against an off-sale liquor store at 380 North Palm Canyon Drive (under the application of Messrs. Ostrow and Wolpe ) was read, stating that the Board's order of March 30 (sustaining the City's protest) had been affirmed. This decision was given on the findings presented in the hearing before the Board in Sacramento on May 11, 1944, which was attended by the City Attorney and the City Manager. The City Attorney gave a resum6 of the proceeding and stated that the City Manager's testimony undoubtedly had great weight with the Board in arriving at the decision. He voiced the opinion that the result was well worth their trip to Sacramento, and that without the personal appearance he doubted whether the decision would have been in the City's favor. A general feeling of satisfaction was expressed by the Council, and the Mayor commended the City Attorney and the City Manager upon the results obtained. An invitation was read addressed to city officials to attend the dinner meeting in Upland May 26 of the Citrus Bolt Division, League of California Cities. After some discussion it was decided, and the Mayor announced, that if he finds it possible the City Manager should attend the meeting, expenses paid. U� L The City Manager presented the following r,ecommendations:, 1. 7mployment of Miss Norma Tuning, temporary City office clerk, at $135 per month, commencing May 17, and on motion by,Councilman Hyde, seconded by Councilman McCann, Resolution No. 1469 of the City Council approving employment of Norma Luning temporary City office ' clerk at $135 per month, effective May 17, was adopted by the following vote, to-wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: None 2. In line with the established procedure , closing of the City Offices Saturdays, June through August. On motion by CouncilmanNichols, seconded by Councilman Turonnet, Resolution 1470 of the City Council, directing the City Manager to close the City offices each Saturday during the months of June, July and August, 1944, and to excuse all officers and employees from duties on those days, was adopted by unanimous vote. 3. Amendment of Ordinance No, 137 (Sidewalk Washing) . The City Manager explained that ,Section 3 of said ordinance might well be amended to prescribe the hours permitting washing to be from "five a.m. to eight a.m. ° He also stated that every effort should be made to require strict enforcement under Section 1 of the - ordinance, prohibiting the sweeping of trash into the city streets. After some discussion, on ,motion by Councilman Allen, seconded by Councilman Turonnet, Resolution No. 1471 of the City Council directing the City -Attorney to prepare an ordinance so amending Section 3 of Ordinance 137 as to prescribe hours permitting sidewalk washing to be "from 5 a;.,m. to 8 a.m." was adopted by unanimous vote. Here Mr. Serum, also mentioned the regulation of parking on city streets and suggested that perhaps in the Fall it might become necessary to assign an officer to check on violations of the sidewalk washing ordinance and the laws governing parking, it beinghis view that as a matter of consistency both laws should be strictly enforced or repealed. REPORTS: Public Safety Committee : (1) Application of Don Carlos Foster - Tahquitz Creek Cafe - for a dance permit. Shortly in advance of the Council meeting Mrs. Foster came in and withdrew the application "temporarily" because of the Fosters ' inability to meet the City's requirements governing dancing. Consequently no Committee report. (2) Parking zone requested by Western Union. The chairman of the Committee reported the consensus of the Committee 's opinion, that therequest should be denied, primarily because applicant has parking space in the rear of its building, and on motion by Councilman Hyde, seconded by Councilman Allen„ Resolution 1472 of the City Council instructing the City Clerk to ,notify the Western Union that its application for a parking zone had been denied was adopted by unanimous vote. Boards and Commissions Committee : Renewal of Field Club lease and negotiations for further DIVA funds. At this point Mr. Frank W. Cutler, present in Chambers, _on the Mayor ' s invitation presented the Recreation Commission°s recommen- dations to the Council, as follows, to-wit : (1) that the City acquire the Field Club property; (2 ) that the City undertake, a recreation program for servicemen and civilians during the coming fiscal year; (3) that, providing the City is able to itself, incur the expense, the FWA financial aid for s.ervieemen 's recreation- be discontinued. 303 The Mayor announced that in connection with his letterto Field Club stockholders he had received responses indicating that 60 shares of the Field Club stock are now available to the City through the plan suggested, and recommended that, since he had requested response not later than June 1, probably before the next meeting of the Council additional commitments for stock donations would come in. The City Manager gave a detailed explanation of the involvements surrounding any negotiations for FWA funds. He also stated that he had been informed by FWA authorities that any further aid must be predicated upon a showing that Palm Springs is a "war impacted 1 community" and that the City is without adequate funds of its own to support a recreation program necessary in a community of the type designated. He further stated that it is impossible at this time to estimate the City's financial receipts and expenses for the coming fiscal year; that one of the first steps in obtaining FWA funds is a bona `fide showing of deficit in the City's estimated income and commitments for the fiscal year; obviously that it would be well into the Fall beforethis FWA requirement could be met; and he gave it as his opinion that it was far the better procedure to abandon any thought of seeking further DIVA aid. Here Mr, Cutler went into the matter of a municipal swimming pool and stated that if no other pool was found available he would again permit the City to operate his private pool. He stated that the Commission was of the opinion that by raising the admission fees the deficit covering pool operation could be less this year than last. After some discussion, during which several members of the Council expressed a wish to go into -the several phases of the Recreation program: acquisition of the Field Club, operation of the pool, etc., before any action is taken, the whole matter was put over until the next meeting. UNFINISHED BUSINESS: An ordinance entitled "An Ordinance of the City of Palm Springs Amend- ing Section 20 of Ordinance No. 36 of said City" to so amend the existing Traffic Ordinance (No. 36) as to provide for installation of stop signs previously recommended by the City Manager, was introduced by Councilman Allen and was read in full and filed with the City Clerk for further action. NEW BUSINESS: A Register of Demands was presented, examined and approved by the Chairman of the Finance Committee, and on motion by Councilman Allen, seconded by Councilman Adams, claims and demands Pr-706, 5254 through 5256, and FWA project 50 and 51 'were approved and ordered paid by warrants drawn on the City Treasurer by the following vote, to-wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None The City Clerk 's Certificate No. 4 covering the following fund trans- fers : General_ Pund to Payroll Fund, $6.54; Street Fund to Payroll Fund, $78.46, was presented, examined and approved by the Chairman of the Finance Committee, and on motion by Councilman Allen, seconded by Councilman Hyde, was approved and ordered certified to the City Treasurer by the following vote, to-wit : Ayes: Councilmen Nichols, Adams , McCann, Hyde, Allen, Turonnet, and Mayor Therieau Noes: None Absent: None A resolution providing for a Notice of Public Hearing before the City Council June 7,,, 1944 in connection with amendments to the Land Use Ordinance was read in full, and on motion by Councilman McCann, seconded by Councilman Allen, Resolution No. 1473 of the City Council fixing the hour of 8:15 o 'clock p.m. June 7, 1944, for a public hear- ing before the City Councilon said proposed amendments to the Land Use Ordinance (No. 75) , as follows: i (a) To so amend Sections 5, 6 and 7 of said. ordinance ,as to provide additional uses subject to special permits, by adding the wordst , "-aemetaries-. and mausoleums"; and (b) To so amend Section 4(r) of said ordinance classifying the lands In Section 19, T 4 S, R 5 E, S.E.E.& M. , as per Map Sheet, 18 of the Official Zoning Map as to place the following described parcels in Zone or ,District E-2 (instead of its present classi- fication: District E-1) : Northeast quarter of Northwest quarter of Section 19, T 4 S, R 5 E, S.B.B.& M. , and instructing the City Clerk to publish notice of said hearing once in the Palm Springs Limelight-News, May 26, 1944, was adopted by unanimous vote. I - The Mayor announced his appointment of Mr. Charles Burket to the Planning, Commissionto fill- the vacancy there existing through the resignation of Mr. Francis Crocker. On motion by Councilman Nichols, seconded by Councilman Adams, Resolution No. 1474 of the City Council approving said appointment was adopted by unanimous vote. „ The Mayor informed the Council of an invitation , to city officials, extended through Lt. Maxwell of the Ferrying Division of the Army Air Transport Command, to attend Open House, 4:00 to 6:30 p.m., Monday, ,May 290 19440 and requested that anyone planning to attend be at the City Offices at 4:30 p.m. , May 29, when transportation will be available. There being , no further business, on motion by Councilman Adamsy seconded by Councilman Allen and unanimously carried, the meeting adjourned. (Z�n�/ City Clerk. MINUTES OF A SPECIAL MEETING ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held May 29, 1944 The City Council of the City of Palm Springs, California, held a. special meeting in the Council Chambers, 810 North Palm Canyon Drive, in said city, on Monday-, May 29, 1944, at 11:45 ,o ?clock a. m. , pursuant to call by the Honorable Eugene E. Therieau, Mayor, dated May 27, 1944. The meeting was called to order by Mayor Therieau. who presided. Roll Call: Present : Councilman C . P. Adams Councilman Maurice McCann Councilman C. A. Hyde Councilman W. Z. Allen Councilman Armand V. Turonnet Mayor Eugene E. Therieau City Manager R. M. Sorum -City Clerk Louise McCarn ' Absent: Councilman Culver Nichols City Attorney. Roy Vi. Colegate Here Councilman Nichols entered and joined the meeting. The call by the Mayor was read as follows : "CALL AND NOTICE FOR A SPECIAL MEETING OF TIE CITY COUNCIL OF THE CITY OF PALM SPRINGS ,NOTICE is hereby given that I, the undersigned Mayor of the City .of Palm Springs, do, hereby call a special meeting of the City Council of the City of Palm Springs, California, to be 305 held at 11:45 o 'clock a.m. , Monday, May 29, 1944, in the Council Chambers, No. 810 North Palm Canyon Drive, in said city, such being the place where the city council is accustomed and by ordinance required to hold meetings, for the following purposes: to consider and act upon the appointment of a City Treasurer, pro tern. ; and for such other business as the city council may legally transact. "WITNESS my hand this 27 day of May, 1944. "(signed) EUGENE E. THERIEAU, Mayor of the City of Palm Sprin.*s, California." There was then presented Consentand Waiver of Notice in writing, signed by members of the City Council and filed with the City Clerk prior to the meeting, as follows : "I, the undersigned, member of the City Council of the City of Palm Springs , hereby consent to the holding of a special meeting of the city council of the City of Palm Springs, in the Council Chambers, 810 North Palm Canyon Drive, in the city of Palm Springs, at 11:45_ o 'clock a.m. , Monday , May 29, 19440 for the purposes and to consider and act upon the matters specified inthe Call and Notice for such meeting made and signed by the Honorable Eugene E. Therieau, Mayor of the City of Palm Springs, on May 27, 19440 service of which notice is hereby acknowledged, and I hereby waive all further notice of such meeting. "WITNESS my hand this 27 day of May, 1944. "(signed) Eugene E. Theriesu Culver Nichols C. P. Adams Maurice McCann Clarence A. Hyde W. Z. Allen Armand V. Turonnet (Each) Member, City Council of the City of Palm Springs, California. " Said call and consent and waiver of notice having been examined by the members of the Council, and being considered sufficient for the purpose thereof, the meeting was unanimously declared convened.The Mayor announced that because of ill health Mr. John W. Sprague, Jr. had been obliged, under physician's orders, to tender his resignation as City Treasurer. He stated that, coming as this does - in the be- ginning of the summer, it was extremely difficult to find a qualified successor to Mr. Sprague; consequently, and after consulting the City Attorney on the legality of such a procedure, that he had prevailed upon Judge Pinney to serve as City Treasurer pro tem. and wished to present the appointment for council action. After a general expression of approval of the Mayor 's appointment, on motion by Councilman McCann, seconded by Councilman Hyde, Resolution No. 1475 of the City Council accepting the resignation cf John W. Sprague, Jr.as City Treasurer, with regret and with the best wishes of _the _Council to Mr. Sprague for a speedy recovery of his health, was adopted by the following vote, to-wit: Ayes : Councilmen Nichols, Adams , McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: None Here Judge Pinney upon the Mayor's invitation addressed the Council and stated that he was accepting the appointment merely to help out and did not feel that he shouldxeceive the full compensation presently allocated to the position. After some discussion Judge Pinney remained firm on this point, and on motion by Councilman Hyde, seconded by Councilman Adams, Resolution No. 1476 approving the Mayor ' s appointment of Guy Pinney as City Treasurer pro tem. , at a salary of $50.00 per month effective June 1, 1944, was adopted by the following vote, to-wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None �Ub The Mal*or explained that the City's auditor., ::r. - Harr, , Bonnell, had examined Mr. Sprague ''s ' accounts and found - them in good order, as - set forth in his detailed ,report presented here, . examined and. filed with the City Clerk. Judge Pinney was notif.ied. to. contact -Kocher- Samson at once and obtain his City Treasurer ' s bond, and the Mayor stated that pursuant to procedure under the Public Deposit Act (when there is a change of , appointee in the office of City ,Treasurer) a certified statement would be shortly forthcoming from the City's depository confirming the Bank 's acknowledgment of Judge Pinney as City Treasurer pro tem., and reciting the list of securities on deposit by the Bank in protection of the City 's moneys. The Mayor announced that the City Manager, who had succeeded former Mayor Shannon as a member of the Highways Committee of the State Chamber of Commerce, had been invited to attend , a meeting of that Committee in Los Angeles June 1 and 2; that in his opinion such attendance was advisable since the Committee 's recommendations are followed closely in formulating state highway programs. Discussion centered around the concern of many local people for correction of the highway at Windy Point where several serious accidents have occurred recently. The City Manager stated that it was his intention to present to the Committee data which he hascollected on the subject, and which it is his earnest hope will contribute toward correction of the existing defect at Windy Point. On motion by Councilman Nichols , seconded by Councilman McCann, Resolution 1477 of the City Council approving the City Manager's attendance at the State Chamber of Commerce_ Highways Committee meeting in Los_ Angeles June 1 and 2. 1944, with expenses paid, was adopted by the following vote, to-wit: Ayes: Councilmen Nichols, Adams , McCann,Hyde, Allen, Turonnet and Mayor Therieau Noes; None Absent: None The City Manager here mentioned the matter, of operation of the Citizens ' Bus, which Mr. Cecil Isenagle, Tanner Motor Livery, had discussed with him. Mr. Isenagle because . of shortage of help is obliged to curtail the service and perhaps soon will have to discontinue entirely and has requested council approval of his changing operating hours to be from 10 a.m. to 6 p.m. The question was raised whether it might be better if this eight-hour schedule could -be so split as to .accommo- date people going to and from work: early in the morning aid late in the evening.The City Manager explained that the service was inaugurated primarily as , a , Civilian Defense matter and had never been ' a regular bus service operated strictly on schedule or under regulation; in fact, that the company had operated the bus at a loss and merely as its contribution toward Civilian Defense. On motion by Councilman Turonnet, seconded by Councilman Hyde, Resolution No. 1478 referring the whole subject of Citizens ' Bus operation to the City Manager for him to advise with. Mr. Isenagle and decide , between them the best procedure under existing conditions - even to discontinue the service if advisable- was adopted by unanimous vote. Here there was considerable discussion with regard to the subject. of recreation: the feasibility of continued operations, at the Field Club, this being objected to by a great many citizens as .a program the expense of YLhieh is, excessive and affords recreation for by a very few of the whole population. Here Councilman Hyde was excused from the meeting. Councilman Adams questioned the advisability of continuing the employ- ment of the present director of recreation now that he is taking over the management of a local apartment house June 1, 1944, and it was pointed out that since the director's salary is paid, from FWA funds such employment must continue during the life of the current FWA praoject- vd7ich expires June 30, 1944. The Mayor announced that the recreation program, proposed for the ensuing year, together with an itemized estimate of the entire expense of operation under said program which- is- to be submitted by the Recreation Commission to the chairman of the Boards and Commissions Committee of the Council for study and :report in the next meeting of the Council, would assist in settling some - perhaps all - of the current recreation program difficulties. There being no further business, on motion by Councilman Nichols, seconded by Councilman Turonnet and unanimously carried, the meeting adjourned. C C` Y`��/ City Clerk 307 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PAL19 SPRINGS Held June 7, 1944. The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No. 810 North Palm Canyon Drive in said city on Wednesday, June 7, 1944, at 7 :30 o 'clock. p.m. , the said day being the first Wednesday of said month of June. 1 The meeting was called to order by Mayor Therieau, who presided. Roll Call : Present: Councilman Culver Nichols Councilman C. P. Adams Councilman Maurice McCann Councilman C. A. Hyde Councilman IV. Z. Allen Councilman Armand V. Turonnet Mayor Eugene E. Therieau City Manager R. M. Sorum City Attorney Roy W. Coleffate City Clerk Louise McCarn Absent: None Draft of the minutes of the meetings held May 24 and May 29, 1944, having been previously distributed among the Council, were presented, approved and ordered copied in the Minute Book. Communications : A wire was read from Mr. . Herbert J. Carpenter expressing his willing- ness that the City exercise its option to renew the current lease on the City Offices at 363 North Palm Canyon Drive for one year, commenc- ing July 1, 1944, under the terms of the existinm lease. On motion by Councilman Allen, seconded by Councilman McCann, Resolution No . 1479 of the City Council authorizing and directing the Mayor and City Clerk to execute an agreement for renewal of the Carpenter lease for one year commencing July 1, 19440 under the same terms as in the current lease, in a form approved by the City Attorney, was adopted by the following vote, to-wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: None An application was read from Don Carlos Foster for dinner dances June 9, 10, and 11 in his Tahquitz Creek Cafe, 693-695 South Palm Canyon Drive (application fee of $9.00 paid) . The chairman of the Public Safety Committee reported that his committee had inspected the premises and -found compliance in everyway with the rules and regulations governing dancing, and recommended that the permit be granted for the said three nights on a trial basis . Discussion developed that there are presently no tables in the room where there is to be dancing, and that there will be no liquor on the premises . The City Manager, when called upon, stated that he had no recommenda- tion on the subject, there having been no inspection other thah that by the Public Safety Committee. On motion by Councilman Hyde, 1 seconded by Councilman Turonnet, Resolution No. 1480 of the City Council granting permission to Don Carlos Foster for said dinner dances was adopted by the following vote, to-wit: Ayes: Councilmen Nichols, Adams, McCann, Hyde Allen, Turonnet and Mayor Therieau Noes: None Absent: None The Mayor reminded Applicant Foster, present in chambers, that this permit was on a trial basis only, for the dates named: June 9, 10 and 11. Mr. Foster stated that such was his understanding. A letter was read from 'the State '' Director of Finance enclosing an application =end agreement to be executed by the City in order to obtain reimbursement from the State for fifty pereent. of the Civilian Defense Control Center telephone expense. On motion by Councilman McCann, seconded by Councilman Hyde, Resolution No. 1481 of the City Council authorizing and directing the Mayor and the City Clerk to execute the forms necessary to obtain said allocation of state funds cover=ng control center operation expense, said agreement to be approved as to form by the City Attorney, was adopted by the follow- ing vote, to-wit': Ayes : Councilmen Nichols, Adams, McCann,, Hyde, Allen, Turonnet and I?ayor Therieau. Noes : None Absent: None An invitation was read from Capt. Jesse C. Pales, Mira Loma Quarter- master Depot requesting the Mayor 's attendance at a G. I . Combat Luncheon in the, patio of the Palm Springs Hotel, 12: 15 p.m. June 12, Like invitations had also been addressed to' other city officials and members of the Council and ,the City Clerk was instructed to acknowledge and accept the invitations for those attending. Three letters were read from the Secretary of the Planning Commission with regard to requests to operate businesses at locations not specifically per-itted under the Land Use Ordinance, which requests had been presented in the Co=nission meeting of June 6, 1944. Said requests having been considered and determined by the Commission as being "no more obnoxious or detrimental than the specific uses provided for by Ordinance No. 75 as being proper in District C-211, the Council acted as follows thereon re: (1) Elmer :'i. Shutte - to operate a glass shop at 383 North Indian Avenue,, On motion by Councilman Turonnet, seconded by' Councilman Allen, Resolution No.. 1482 of the City Councll accepting the findings of 'the Planning Commission and thereupon approving the operation of said glass shop by Mir . Shutte at 383 North Indian Ave. , was adopted ' by the following vote, to wit: Ayes : Councilmen Nichols, Adams, TrTcCann,- Hyde, Allen, Turonnet and. Mayor Therieau Noes: None Absent: None IIere Councilman Adams informed the Council that. his recommendation of i,Tr. Shutte had not been influenced by their, personal relations . (2) Win. E. Walters - to operate a bakery in the Indian Store, Indian Avenue at corner of Andreas Road. On motion by Councilman Tnrnnnett, seconded by Councilman Allen, Resolution No. 1483 of the City Council acceptin? the findings of the Planning' Commi'ssion and thereupon approving the operation of said bakery by Mr. Walters at the Indian Store, Indian Avenue at the corner of Andreas Road, was acopted by the following vote to-wit; Ayes: Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes,: None Absent: None (3) , Oscar Mandinach - to conduct a plumbing business office (without workshop or stock in trade ) at 138 E. Andreas Road. On motion by Councilman Turonnet, seconded by Councilman Allen, Resolution, No. 1484 of the City , Council accepting the findings of the Planning Commission and thereupon approving the operation of said office (without workshop or stock in trade ) at 138 E. Andreas Road, was adopted by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann , Hyde, _ Allen, Turonnet and TTayor 'Therieau Noes : None Absent: None 309 Mr. Mandinach, present in chambers, was informed that at such time as he might be able to establish a plumbing shop with stock in trade at a separate address, he would be required to pay an additional business license covering such operation. UATF_` ,NISIIED BUSINESS: PUBLIC HEARING ON PROPOSED AMENDI,7ENTS TO LAND USE ORDTNAPiCE The hour of 8: 15 p.m. having arrived, the I;4ayor announced that the Council would proceed with the public hearing set for this time and place in accordance with the notice thereof read in full by the City Clerk in the meeting of May 24 and published in the May 26 issue of the Palm Spr-nms Limelight-News, concerning the Planning Commission 's findings andrecommendations for amending Land Use Ordinance No. 75 as follows: (a) To so amend Sections 5, 6 and 7 of said ordinance at the respective subparagraphs as to provide addi- tional uses , subject to issuance of special permits therefor (as prescribed in Section 18) by adding the words : "Cemeteries and Mausoleums" (b) To , so amend Section (r) of said ordinance as to classify the NEh of the NW+ of Section 19, T 4 S, R 5 E� S.B.B. & M. , in Zone or District E-2 instead of its present classification: District E-1. A letter-was read from, the Secretary of the Planning Commission enclosing certified attested conies of Planning Commission minutes covering meetings of March 7, 21, April '4, 18, and May 2 and 9, 1944, the findings and recommendations of the Comhission concerning said proposed ,amendments being summarized in said minutes . The City Attorney here explained-,-the purpose of said items (a) and- (b) above, to-wit: (a) That it was the desire of the Planning Commission to do every- thing possible to accomplish the request of Mir. Thomas O'Donnell that he be permitted to b1iild a mausoleum in the rear of his hill- side broperty; and in view of Mr. OtDonnell 's generous gifts to the municipalit7r and his status as an outstanding civic leader, it was felt that- the Council would welcome the opportunity to concur in the Commissionys recommendations . Mr. Colegate added that for obvious reasons it was desirable that the request receive the least possible publicity, , with nothing thereon by the press. (,b) This request is in connection with the relocation of Capt. Carl Bradsherfs Skeet Club. Capt. Bradsher, present in chambers, when called upon informed the Council that, his formorlocation having been taken over by the government, he was now able to purchase the land described and relocate his club just across the road if granted the necessary zone change. He also stated that adjoining property owners, Messrs . John Wheeler and John Jilliams, et al. , had expressed their- willingness that the club be established at the desired location. The Mayor then called fov, �__pressions from anyone concerned in the matter. There being no further appearance, the Mayor announced the hearing closed, and upon motion by Councilman Allen, seconded by Councilman McCann, Yesoluti.on No . 1465 of the City Council apnrov- ing the amendment of Land Use Ordinance No. 75 so as to permit the changes ,described in items (a) and (b) above, was adopted by unan-imous vote. Thereupon Councilman Adams introduced an ordinance entitled "An Ordinance of the City of Palm Springs Amending Sections 4(r) , 5(a) , 6(a) , 7(a) and 17 of Ordinance No . 75 ofsaid City" (to accomplish the proposed amendments discussed by public hearing) and the ordinance was read in full for the first time and filed with the City Clerk = for further action. CO ,IAM4 TICATIONS RESUZIIED: The City 11anager presented the following recommendations : (a) Approval of payment of �p10 each to ',Paste Disposal truck drivers covering extra time worked during May, and on mot, nn' by Councilman Turonnet, seconded by Councilman Nichols, Resolution No. 1486 of 'the City Council approving payment of $10 each to Waste Disposal truck drivers : Frank Britton, P. Godinez, A. Godinez and A. Velasquez and Ramon Estrada for extra' time. during May, was adopted bytheifollowing vote, to-wit: Ayes: Councilmen Nichols, Adams, McCann, Hyde Allen, Turonnet and Mayor Therieau Noes : None Absent.: None (b) Renewal July 1, 1944 of the current agreement with Mack-Inter- national Motor Truck Corp. covering the Palm Sprin;-s fire engine No . 1]P-9-70F under the same terms as in the existing agreement. On motion by Councilman Nichols, 'seconded by Councilman Adams, Resolution N'o. 1487 of the City Council ap-roving the renewal of said agreement under the same terms as in the present lease, in a 'form ao)roved by the City Attorney, and authorizin;; and directing* the Mayor and City Clerk to execute said agreement, was adopted by the following vote, to wit Ayes : Councilmen Nichols, Adams, 11(-Cann, Hyde, Allen, Turonnet and. Mayor Therieau Noes: None Absent: None (c ) Renewal July 1, 1944 of the agreement with the Riverside County Board of Supervisors for health officer service. On motion by Councilman Hyde, seconded by, Councilman McCann, Resolution No . 1488 of the City Council approving renewal of the Health Officer agreement with the Riverside Board of County Supervisors as of July 1, 1944, on the same terms as in the present agreement, in a form approved by the City Attorney, and authorizing and directin�:r the Mayor and City Clerk to execute said agreement, was adopted by the fol.low_ing vote, to-wit: Ayes . Councilmen Nichols, Adams, McCann„ Hyde, ' Allen, Turonnet and Mayor Therieau Noes : None Absent: None A letter was read from; the C,itytAzditor recominend* U that before the beginning; of the ensuing fiscal year an ordinance be adopted to create a capital outlay and replacement fund. The City Attorney explained that this recommendation was looking toward full compliance with the Municipal-Corporations Act governing the creation and operation of funds such as our present "Reserve for Capital Replacement Ffxnd.'1) the creation of which should be by ordinance pursuant to said Act. "The matter_ was referred to the Finance Committee, to confer with -the City Attorney and have ready the necessary ordinance for introduction in ,the next meeting of the Council, so as to bring the procedure into order before the close of the current fiscal ,year. A letter was read from the Chaml:er of Commerce requesting the oum of �3,500 from the City for promotional purposes, setting forth in detail the allocations -proposed in the expenditure' of said ! The City attorney explained that the City, being permitted cinder law to appropriate such money's only for reimbursement, any such appropriation must be by ordinance and the only moneys so allocated at this time must be for reimbursement of expenditures incurred during the current ,fiscal year. After some further discussion' Councilman Nichols introduced an ordinance entitled "An Ordinance of the City of Palm Springs Appropriating the Sum of Five ;!undyed. Dollars (�500) for use in Promotion, Advertising and i?ublicit.1 for said City during the Current Fiscal Year, " said ordinance being an urgency measure . The ordinance was read in full and filed with the City Clerk for action in the next meeting of the City Council. REPORTS: Report and recommendations from the General Committee and City Manager regarding a city pound were tabled until the next meeting. 311 The Chairman of the Boards and Commissions Committee presented an estimate compiled by the Recreation Commission itemizing expenditures necessary for the operation of a municipal swimming pool during; the summer,--and also an estimate of expense involved in the program proposed by the Commission for the ensuing fiscal year. The Chairman stated that except for the shimming pool the Committee was not requesting; action in this meeting. After some discussion as to a limitation on the amount of money which the City should allocate for pool operation, during which it was brought out that several private pools will be available to certain of our citizens, on motion by Councilman McCann, seconded by Councilman Nichols , Resolution No. 1489 of the City Council referring to the City Mana7ar the matter of the swimming pool operation, he to incur only such expense therefor for such a time as he shall deem necessary and advisable, was adopted by the following vote, to9wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde-, Allen, Turonnet, and T.Tayor Therieau Noes : None Absent: None The following reports were presented and filed with the City Clerk: Fund Statement as of June 1, 1944; reports for the month of May: Police Department, Fire Department and City Treasurer; Minutes of the Health Center Board Meeting of May 28; Recreation Commission meeting of June 1, 1944. UNFINISI_T.ED BUSTNE'SS CONTINUED: An ordinance entitled "An Ordinance of the City of Palm Springs Amending Section 3 of Ordinance No. 137 �f said City' (changing the hours for sidewalk washing) was introduced by Councilman Allen, read in full for the first time, and filed with the City Clerk for further action. NZ01 BUSTNESS: Here the City !;'Tanager informed the Council that In the demands to be approved for payment was a warrant covering the premium for renewal of our current public liability insurance, and explained that the lower premium was due to the City's excellent safety record. A Register of Demands was presented, examined and approved by the Finance Committee, and on motion by Councilman Allen, seconded by -- Councilman Hyde, claims and demands numbered PR-707 through PR-746, 5257 through 5320, and FWA Project 52 through 62, were approved and ordered paid by warrants drawn on the City Treasurer by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and P,Iayor Therieau Noes : None Absent: None The City Clerh's Certificate No. 5 covering the following fund transfers : to the Payroll Fund: from the General Fund $4,843.84, from the Street Fund yN456.26, from the 'Waste Disposal Fund 41, 140.00, a total -of - �6, 440.10;. from the -Gas Tax Fund: to the Street Fund w$'333.00; to theGeneral Fund $94.00; and from the General Fund to the Street Fund 41400e0O, was presented, examined and approved by the Finance Committee, and on motion by Councilman Allen, seconded by Councilman Adams, was approved and ordered certified to the City Treasurer by the f ollowing vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet, and Mayor Therieau Noes : None Absent: . None The Mayor presented the following appoinments for approval: 3 12` ,y (a) Former Pdavor Frm k V. Shannon to succeed himself for the year commencing July, 1, 1944, as a member of the Riverside county Defense Council, and on ,motion by Councilman IFIcCann, seconded by Councilman Turonnet, Resolution No . 1490 of' the City Council anprovin,* said appointment was adopted by unanimous vote ; (b ) Approval of the Health Center Board appointments r'ccommended by the 4Volfare and Friendly Aid Association of the Palm Springs Woman' s Club, as follows : Mrs. Charles Burket, incumbent, Pars. James B. Oliver, incumbent, Mrs . Ralph Clock, incumbent, and Mrs . Cecil Isenafle. On motion by Councilman Nichols, seconded by Councilman Turonnet, Resolution No. 1491 approving said appointments was, adopted by unanimous ,vote. An ordinance entitled "An Ordinance of the City of Palm Springs Amending Section K and-? of Ordinance No. 119" was introduced by Councilman Allen, , read in full for the first time and filed aith the City ClerI: for further action. This is an ordinance to so amend the current business license ordinance as to require payment of license fees covering a fiscal year not later than July 31 of that particular fiscal year, and attaching a penalty of ten percent, of said fee to all licenses paid after that date in each fiscal year ; also to reduce to $6.00 each ,the license fees on all vending and weighing machines . There being no further business, on motion by Councilman Allen) seconded by Councilman 11cCann and unanimously carried, the meeting adjourned to June 21, 1944. J _ City Clerk TaI UTES OF AN ADJOURNED MEETING OF: THE CITY COUNCIL OF TEE CITY OF PALM SPRINGS IIeld June 21, 1944 ' The City Council of the City* of Palm Springs held a meeting* in the Council Chambers known as No. 310 hort).a Palm Canyon Drive in said city on [Wednesday, June 21, 1944, at 7* 30 o 'clock p.m. , pursuant to adjournment of the meeting held June 7, 1944. The meeting wvas called to .order by Mayor Therieau, who presided,._ Roll Call: Present: Councilman C. P. Adams Councilman C. A. Hyde Councilman 'A'alter Z. Allen Councilman Armand V. Turonnet 4,iayor E"agene E. Therieau Cit;;- Clerk Louise McCarn Absent: Councilman Culver Nichols Councilman PaTaurice McCann City -Mana ger R. Ivt. Serum City Attorney Roy W. Colegate Draft of the minutes of the meet�n3 _hold -June 7, 1944, having been previously distributed- among the -Council, was presented, approved and ordered copied in ,the, !,Minute Book. C_OIV ULT1),I CA TI ON S: The follouin^ letters were read, requesting permission to conduct the businesses therein described at locations, and in a manner, at variance with the current regulations : 1. From C. L. "Tex" Drishell, re his refrigerating and air con- ditioning business, in Zone C-2, 171 Nort'_h 7ndIan Avenue ; 2. From W. R. Illick, re a meneral merchandising store, including groceries, meat and vegetables, in connection with p,i.s trailer park, 1563 South Palm Canyon Drive. 313 After some discussion the City Clerk was directed to refer these re- quests to the Planning Commission for report and recom!nendaticnn thereon. An application was read from Don Carlos Foster, requesting permission to hold four _dinner dances in Tahquitz- Creek -Cafe, June 12, 14, 16 and 21, 1944 - applying thereon the �,012 fee previously paid on a for- mer application for dances , which dances were not -liven. The Mayor explained that the Chief of Police had ;*ranted permission for the dances , subject to ratification by the City Council. Here Councilmen Nichols and McCarm entered and joined the meeting. After some further discussion on motion by Councilman Allen, seconded by Councilman McCann, Resolution No. 1492 of the rity Council, ratify- ing and- confirming the action of the Chief of Police in Rrant`rna Don Carlos Poster permission to have 'three dinner dances in Tahquitz Creek Cafe June 16, 17 and 13, 1944 ( the dates on which dinner dances were Eiven instead of the dates recited in the application) , with a credit of three -dollars (ij>3.00) from the ;;A2 fee previoi,sly paid, to aoply on future dance permits ; and upon the understandin- that until fur- t]her notice said Foster shall apply weekly for such permits for danc- ing Fridays, Saturdays and Sundays ; it bean? further understood that permits granted by the Chief of Police under Ordinfxnce No. 40 as amended shall be ratified- and approved- by tie City Council in the first imeetin,;, following such permission and shall be revocable at any time there is a violation of rules and re i)-lations c7overnin *, dancing, in applicants place of business , was adcoted by the Volloiii vote, to wit : Ayes : Councilmen Nichols , Adams , McCann Hyde, Allen Turonnet. and Mayor Therieau Noes : None Absent: None - Applicant Poster, present in chambers, when called upon by the Mayor, stated that he understood the terms upon, which dancing would be per- mitted in his place of business . Letters were read in protest of license fees as fixed by- pending_ ordinance c}_ans _ fees on coin operated vending machines to ',$6 per machine [Der annum, from Sutomatic Service Corporation, Peerless Wei7hing Machine Corporation and Buchwalter Vending !Jachi-nes (cigar- ettes ) . And the 1,,layor called ut�on Mr. P�ertram Spears, present in cha�nhers to represent Mr. Yuchwalter. Mr. Spears made an appeal to the douncil to, in fairness, further reduce the fee and stated that unless the Council was so minded he felt confident that he could -have the ordinance declared invalid by court action. The "_avor in- formed Rir,. Spears that he would- be advisdd of any council action which would farther ,,han,_,e the fee on vendi_n7 machines, and referred him meantime to the City Attorney . Mr. I.2. T>7. Pavny, present in chambers, was caLled upon by the Mayor, and spoke in beh:.lf of his brother James Pavny in protest against the license on music box machines as fixed under !rdinance No, 146. Discussion developed that the council is unanimous in the opinion, that the license fees as established and as proposed in t'^e Bending ordinance (fixing vandin,7 machine fees at „6-for machines other than music box machines ) are fair and equitable and h&ve been so fired after due deliberation. REPORTS : Reports were presented, examined and ordered filed with the City Clerk, as follows: Minutes of the meeting of the Board of Trustees of the -?ealth Center, of June 12, 1044; and minutes of the meeting of the Recreation Commission, of June 13, 1944. The Boards and Commissions Committee Chairman stated that his committee was not prepared to report c,n the 1944-45 recreation program. 314 Here the Mayor called upon Mr. 'rVilliam Veith, Indian Agent, present a in chambers, as to the 'possibility of the City' s obtaining a lease ' on certain lands In Section 14 (Indian Avenue and F..amon Road - some six ( 6) acres ) for recreation purposes , Mr. Veith stated that there might even `be ,ten (10) acres available ; however, that until after t-he' Tribal meeting scheduled for June 27, 1944, he 'uwould be unable to definitely discuss any pleas-c of the matter with the City' s 'repre- sentatives. He outlined the possiblemethods of procedure, to twi.t:: a 5-year revocable hermit similar to that under *vhIch the City occupies the 'land on which the Health Center building is located; that any lease on Indian Lands can only be by an Act of Conp,-ress. lie, stated that presently the Indians have at certain times of ,the year more water from Tanduitz Creek than they can nse because of the 'r bite Water supply; and that the Tribe charges .white c risnmers $3 per acre foot, or ti113 per ' annum on six acres ; that under the present arrangements the Tribe ta'_ies the first 40 inches from Tahquuitz Creek, the white tenants the next 40 inches and the Tribe the balance : that theTribe is _entitled to 220 inches from the stream - and has . never been able to u1se that much water. Mr. Veith stated that, where the lend s11as to be used for the City's , recreation prograrn,, the Tribe :wouldlundoubtedly make some concession by way of a lower rental than would be c_iarged ,c an individual lessee, and sngrpested that somethlntc be worl_ec. out along the permit procedurel1,vhich he had refereed to, for "the duration And six ( 6) months after. " After some further discussion the ivia;,,or su7ges'ted a me'etinm_ of the Council as a during the interim before the next couincil meetinrr,; to review the matter in tI li-ht of ahy acti on by tic Tribe in its coming ileetin„ . and formulat;a a program on t°_Ze possibility of usinf� the Indian lands and , also with regard to the 1944-45 recreation program - for action in the ensuing• council meeting. The report of the General Comrittee and the City Manager with regard to establishment of a dog poun$f and operation thereof under Ordinance No . 129 (Humane Ordinance ) was tabled because of the absence of the City Manager . UNPINISHr!;D DUSINE'SS; Ordinance No. 147, being "An Ordinance of the City of Palm '!Prin�s ' amending, Sections 4 (r) , 5 , (a) , 6(a) , 7 (a) and 17 of Ordinance No ., 75 of said city" ( to so amend the Land Use Ordinance No. 75 as to permit "Cemeteries and Mausoleums" subject to snec`_al permits therefor and to permit a variance in the land use of certain property in ection 19 b-,r Captain 9radsher for the relocation of his Skeet Clwr under a reclassification of said land as District E-2), introduced and first read in full in the meeting of June 7, 1944, :was offered for a second read -n-, and on motion by Councilman Adams, seconded by Councilman ' Turonnet, and unanimously carried, the second reading of said ordinance; aas .waived. And on motion by Councilman- McCann, seconded by Council- man Nichols, said Ordinance No. 147 was passed by the following; vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, LTyde, Allen, Turonhet and i;?a;aor Therieau I'does : hone Absent: None Ordinance No . 146, being "An Ordinance of the City of Paim', Spr:in;rs , - Appropriating the sum of Five Hundred Dollars (�500) for use in Promotion, Advertising and Publicity for said city during the ^urrent Fiscal Year" (being an ttrgenoy measure to allocate' funds to the Chamber of Commerce for oromotional purposes dr.ring the current fiscal .year) , introduced and first read in full in the meeting of June 7, 1944, was offered for a second readin , and on motion by Councilman 7-1chols, - sec,-,nded by Councilman Allen, and unanimously carried, the sec-nd read.- in" of said ordinance 'Vras waived. And on -notion b'* Counc:i_lman ,V1rhbls,, seconded by Councilman Hyde, said Ordinance No. 143 was passed by the follozvin;g vote, to wit: Ayes : Councilmen Iichols, Adams, McCann, Hyde, Allen, Titronnet and Mayor Therieau Noes : None Absent: Pone 315 Ordinance No. 149, being "An Ordinance of the Cit7T of Palm Springs Amending Sections K and P or Ordinance No. 119" ( to so amend the busi- nes's license ordinance as to require payment of license fees not later than July 31 of a current fiscal year, and attachin7 a ten per -cent. penalty for payment after that date ; and reducing to t6 per annum the license fees on all vending and weighing machines ) , introduced and first read in full in the meetin, of June 7, - 1944, was offered for a second reading, and on motion by Councilman Adams, seconded by Councilman Turonnet, and unanimously carried, the second reading of said ordinance was waived. And on motion by Councilman Nichols, seconded by Council- man Allen, said Ordinance No . 149' was passed by the following vote, to wit: Ayes: Councilmen Nichols, Adams , McCann, Hyde, Allen, Turnnnet and Mayor Therieau Noes: None Absent: None Ordinance No . 150, being "An Ordinance of the City of Palm Springs Amend:--rig Section 3 of Ordinance No. 137 of said City" ( to so amend the sidewalk washing ordinance as to permit washing of streets until 8: 00 . orclock a.m. ) , introduced and first read in full in the meeting of June 7, - 1944, was offered for a second reading, an on motion by Coun- cilman Hyde, seconded by Councilman McCann, and unanimously carried, the 'second 'reading, of said ordinance was waived. And on motion by 'Councilman P4cCann, seconded by Councilman Allen, said Ordinance No. 150 was passed by the following vote, to wit., Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Yayor Therieau Noes : None Absent: None NE'V BUSIN�+SS: A Register of Demands was presented, examined and ap^roved by the Chairman of the Finance Committee, and on m ar-notion b Councilman .Allen, seconded by Councilman Hyde, claims and demands PR-747 through. PR-751, and IdJA Project 63 were approved and ordered paid by warrants drawn on the City Treasurer by the .following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, `Aironnet and Mayor Therieau Noes : None Absent: None The City Clerk's Certificate No. 6, covering the transfer of IiF8,9.50 from the Genoral to the Payroll Fund, was presented, oxa;1ined and approved by tre Chairman of the Finance Committee, and on motion by Counc-loran Allen, seconded by Councilman Nichols, was ao,)roved and ordered certified to the ..';ity Treasurer by the following vote, to tvi.t: Ayos : Councilmen Iv'ichols, Adams, Kann, Hyde, Allen, Turonnet -and Mayor Therieau Noes : None Absent: None There being no £Lrther business, on motion by Councilman Turonnet, seconded by Councilman Adams and unanimously carr.led, the meeting adjourned to Wednesday, June 2 , 1`.)44, at 7: 0 o 'clock P.M. City Clerk MINUTES OF AN ADJOURNhD MEETING OF-. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held. June 28, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No. 810 North Palm Canyoh Drive in said city �16 on Wednesday, June 28th, 1944, at 7:30 o 'clock p.m. , pursuant to adjournment of the meeting held June 21, 1944. The meeting was called to order by Mayor Therieau, who presided. Roll Call: Present: Councilman Culver Nichols Councilman C. P. Adams Councilman Maurice McCann Councilman C. A. Hyde Councilman W. Z. Allen Councilman Armand V. Turonnet Mayor Eugene E. Therieau, City Manager R. M. Sorum City Attorney Roy W. Colegate City Clerk, Louise McCarn Absent: None' Draft of the minutes of the meeting held June 21, 1944, having been previously distributed among the Council, was presented, approved and ordered copied in the Minute Book. COTAT. IvTI CATIONS: A letter was read from the Central Bank of Oakland enclosing instructions to be sighed and-'returned to the Bank in connection with the change in City Treasurer. The City' ,Treasurer pro tem Judge, Guy, Pinney signed the instructions, as did the City Attorney Mr. Roy W. Colegate and the City Clerk was 'instructed to certify and return said instructions to the Cen- tral Bank ofOakland, with copied to the local branch of Bank of America. Two applications were read from Don Carlos Fostor for dancing in Tahqui.tz Creek Cafe, as follows: 1. For Dinner dances June '23, 240 250 1944 - fee paid Permit having been granted by the Chief of Police subject to council ratification, on motion by Councilman McCann, seconded by Councilman Turonnet, Resolut '. on, No. 1493 of the City Council, ratifying and confirm-ing said action of theChief of P:'liee, was ,adopted by unanimous vote . ' 2. F:or. Dinner dances June 30, July 1, 30 4, 1944 - application fee and dance fees paid. On motion by Councilman Hyde, seconded by Councilman McCann Resolution No. 1494 of the City Council, granting ,permission for said dances, was adopted by unanimous vote. Here followed discussion with regard to the necessity for obtaining the $5 dance applicatl.on fee from applicant Fostor each time he applies for dancing permits. 'The City Attorney explained the procedure pursuant to Ordinance No. 40 and succeeding amendments, as well as ,the prevail ing' Rules and_,Regulations, governing dancing. It was decided that the first time in 'July when Fostor applies for a permit -he . should pa the required application f 'bc$`$b}, and in addition deposit in advance §3 per dance for, the dates named in the application; that, although the permission under the application would remain open, dates to be named later,; each time applicant specifies dates on which he wants to have danc,i.ng he must deposit with the city clerk $3 per dart e; further that; any time the permit is revoked there will be no refund of moneys deposite in advance of dances not given at the time- .of such revocation; also that. dep,osits, may be applied ahead so long as the permit is effective. The City Manager recommended for approval : 1. Execution of .an agreement with the State Division of Highways for expenditure- of--the g.-cent gas tax allocated for the 1943-45 biennium for state highways within the city of Palm Sprin:-s, and on motion by Councilman Nichols, seconded by Councilman Allen, Resolution N,o,. .1495.,of. the City Eouncil,, authorizing and directing the Mayor and City Clerk to execute said agreement, was adopted by the following vote, to wit: Ayes: Councilmen Nichols, Adams,, McCann, Hyde, Alle.n.. Turonnet and. Mayor Therieau Noes: None Absent: None 317 2. Approval of a salary of $140 per month to Miss Lois Wright, employed as clerical city office employee, effective as of June 26, 1944. On motion by Councilman McCann, seconded by Councilman Hyde, Resolution No. 1496 of the City Council, approving said recommendation, was adopted by the following vote, to wit: Ayes : Councilmen Nicholg, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None 3. Approval of a salary of $215.00 per month, to Officer Orest Johnson, , as, Sergeant - of Police, effective June 26, - 19449 succeeding Sergeant Ray Wilson, resigned. On motion by Councilman Nichols, seconded by Councilman McCann, Resolution No. 1497 of the City Counc':1, approving said recommendation, was adopted Iny the follow- ing vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent : None r 4. Appointment of Miss Marylou Kingsbury as Deputy City Clerk, to sign receipts, etc. , ,under the name of the City Clerk as "Deputy, " explaining that this'',merely to facilitate the routine operation of the office in the absence of the city clerk and that it would hot increasethe present-duties of Miss Kingsbury - -rather--would make for smoother.- office routine in the absence of the city clerk. On motion by Councilman Nichols, seconded by Councilman Allen, Resolution No. 1498 o£- the City Council, approving the appointment of Miss . Marylou Kingsbury as "Deputy City Clerk" to sign official receipts, etc. , under the name of the City Clerk as "Deputy, " and instructing the City. Clerk to attend to the necessary change in Yiss ,Kingsbury's bond, was adopted by unanimous vote. REPORTS: 1. General Committee and City Manager re dog pound licensing under Ordinance No. 129. The City Manager gave a, detailed account of the possible expense in connection with such operation, to wit: that it would have to be on a 12-months a year basis and would probably cost around $250 in capital outlays at the outset, and probably another #250.-- per month thereafter. He stated that although there would be some income ,from license and pound fees a proper operation would cost around„$2500 per annum. After some discussion, during which the Chief of Police stated thatthe operation ofa pound with a pound master would relieve his department of a considerable burden present- ly experienced in calls tolook after injured or disturbing animals, on motion by Councilman .Nichols, seconded by Councilman Allen, Resolution No.. 1499 of the. City Council, authorizing the City Manager to proceed with the setting up of operations under Ordinance No. 129, with an initial capital outlay up to 6250. , and a monthly expendi- ture for operation of $250., was adopted by the following vote, to wit: Ayes : -Councilmen ffichols, Adams, McCann, Hyde Allen, Turonnet and Mayor Therieau Noes: None Absent : None 2. Boards and Commissions Committee re 1944-45 recreation program. The Chairman reported that due to pending negotiations as to possible purchase of -the Field Club property and the uncertainty as to amount of money available for recreation during the coming year, this matter would have to remain tabled until a later meeting. -' 3. Finance Committee and City Attorney regarding the enactment of an ordinance creating a capital replacement fund. The Chairman reported the matter still in committee. The City Manager explained the advantages of a fund which would provide for replacement, of motorized self-propelled equipment and into which fund moneys could .be deposited to cover depreciation over 318 a fiscal year accruing, on such equipment. The City Attorney outlined th procedure under. the law by which such funds are created and operated. The matter was leftfor further , study by the Finance ',Committee, after advising with the CityAttorney and City Iv4anager to report in the next meeting of the Council. UNFINISHED BUSINESS: The City Attorney explained the procedure under which the tax moneys are collected by the County and redistributed to the City and presented an ordinance entitled "An Ordinance of the City of Palm Springs Fixing the Amount of Money Necessary to be Raised by Taxation for the Fiscal Year beginning July 1, 1944y11 which ordinance was introduced by ,Council- man-Adams- and on 'motion by Councilman Allen, seconded- by Councilman Hyde_ and unanimously carried,, the -first. reading of said_ ordinance ,was waived and the ordinance filed with the City Clerk for further action. NEW BUSINESS: A register of demands was presented, examined and approved bythe Fi- nance Committee, and on motion by Councilman Allen, seconded by Council- man Adams,_ claims and demands numbered PB-752 through PR-797 and 5321 through 5356, Also FWA Project 64 through 71, were approved and ordered paid by warrants drawn on the City Treasurer by the following vote, to wit t Ayes: Councilmen Nichols, Adams, McCann, Hyde Allen, Turonnet and Mayor Therieau Noes : ,None Absent: None The City Clerkts Certificate No. 7, covering the following fund trans- fers: To the Payroll Fund - from the General Fund, 4330.51; from the Street Fund, $600.33; from the Waste Disposal Fund, 992.31 ; to the General Fund - from the, Gas Tax Fund, 057.20; and to the Street Fund - from. the Gas Tax Fund, $122.45; and from the General Fund, $600.00, was. presented, examined .and approved by the Finance Committee, and on motion by Councilman- Allen, seconded by Councilman Hyde, approved and ordered certified by the CityClerk to the City. Treasurer, by the follow- ing vote, to wits Ayes : Councilmen Nichols, Adams, McCann, Hyde alien, Turonnet and Mayor Therieau Noes: None Absent: None There being no further business, on motion by Councilman Turonnetj, ' seconded by Councilman Nichols, and unanimously carried, the meeting adjourned. y� r> City Clerk MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held July 5, 1944 The _City Council of the City of Palm Springs held a meeting in the Council Chambers known as No. 810, North 'Palm Canyon Drive in said City on Wednes- day, July 5, 1944s at 7:30 o 'clock p. me, the said day being the first Wednesday of said month of July. The meeting was called to order by Mayor Therieau, who' presided. Roll Call: Present: Councilman Culver Nichols Councilman C. P. Adams Councilman Maurice McCann Councilman C.. -A. Hyde Councilman W. Z. Allen Councilman Armand V. Turonnet Mayor Eugene ,H. Therieau City Manager R. M. Sorum City Attorney Roy W. Colegate Absent: City Clerk Louise McCarn 1� In the absence of the City Clerk the City Manager was appointed by the Mayor to serve as City Clerk pro tem and take theminutes of the meeting. COMMUNICATIONS:' A letter was read from Mr. Henry lick, Elyria, Ohio, stating that, upon his return to Palm Springs, he would donate his Field Club stock to the City providing he could make a deduction on his income tax re- turn for the donation. No action. A note was read from Mrs. Josephine Sprague, thanking the Council for 1 the members ' kindness in her recent bereavement. And on motion by Councilman ITichols, seconded by Councilman Turonnet, Resolution No. 1500 of the City Council, tendering to Mrs. Sprague the sympathy of the members of' the City Council and City Officials in the loss of, her hus- band John W. Sprague, Jr., who for a number of years had well and faithfully served as City Treasurer, was unanimously adopted. A letter was read from the City Manager, announcing authorization by the Riverside County Board of Supervisors of the creation of a County flood Control Committee of fifteen members: three from each of the five districts within the County, with a meeting of the three members from this , district (number Five ) scheduled for Thursday, July 6, 1944, in the Council Chambers, 8:00 o'clock p. m. , all interested citizens being invited - the purpose of the meeting: to determine the extent '.of interest over the county in a county-wide flood control program. The Mayor urged that everyone who could arrange It should attend the meeting. The City Manager presented a report by the Finance Committee with recommendations in which he concurred, as follows : 1. The creation by ordinance of a fund to be designated ",Special Fund for the Replacement of Self-Propelled Motorized Vehicles and Equipment; " 2. And the deposit in that fund of a sum sufficient to cover the de- preciated value of such equipment, cumulative from the time of the City's incorporation down to date ; 3. Transfer from the existing "Reserve for Capital Replacement Fund" of $10,000 to said newly created fund and transfers from other city funds to said fund as and when deemed proper and advisable ; 4. Deposit in said newly created fund annually at close of each fis- cal year of a sum sufficient to cover the depreciated value of said equipment over• that fiscal year; and 5: Change- in title- of existing "Reserve for Capital Replacement Fund" to "Reserve for Capital Outlay Fund, " and deposit in said newly titled fund of any moneys received through the redemption of the Series "C" War Bonds, total denomination of 0109000. 9 originally pur- chased from said existing fund, and also deposit in said newly titled fund accrued interest payments from said bonds. The City Manager outlined the advantages to be gained through the pro- cedure recommended and after some further discussion on motion by Councilman Allen, seconded by Councilman Hyde, - Resolution No. 1501 of the City Council, approving the adoption of all the procedure recom- mended (as outlined above ) , and instructing the City Attorney to pre- pare the ordinance and any other documents necessary to the accomplish- ment of said recommendations, was adopted by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None Notices were read from the State Board of Equalization covering the transfer in location of off-sale distilled spirits and off-sale beer- and-wine licenses of Sam Satlitz and Leo Baker from 233 North Palm Canyon Drive, t'o; 86L North Palm: Canyoa! Drlvey where said: llcensees will do bubiness.- asr El Paseo,YgLrket; no action on said notices. 320 REPORTS: The following reports for June were presented, . examined and filed with 'the City Clerk: Police Department, Fire Department, City Treasurer and City Clerk's Fund Statement: The annual report of the Board of Trustees of the Public Health Center for the year ending June 300 1944 was read and filed with the City Clerk', Included in the report was a request to the Council for permission to construct a shelter and storage room' as an addition to the existing Health Center Building, the Welfare and Friendly Aid Division of the Palm Springs Womants Club (whose members largely compose the Public Health Center 'Board of Trustees) to bear the, costs of construction. This matter was referred to the City ' Manager, for consultation and arrangement, if possible, with the Tribal Committee of the P:71m Springs Band of Mission Indians -. to obtain the necessary additional space for such construction on the premise's now occupied by the Health Center i'uildin , under the existing- arran,7emer_t with the Indians for use of the land. The City Manager presented a report of Swimming Pool operations; over the nine (9) days since its opening: a total of 196' persons - 76 adults, 15 servicemen 24 high school children and 62 smaller chil- dren; total receipts 62.40 _ total expenses to date $62.10 UNFINISHED BUSINESS: An ordinance entitled "An Ordinance of the City of Palm Springs Fix- ing the Amount of Money Necessary to be Raised by Taxation for the Fiscal Year beginning 'Juls 1, 1944" (being Ordinance No 151 , of the City of Palm Springs ) ,' introduced by Councilman Adams in the meeting of June 23, 1944, when first reading was waived, was read in full and on motion by Councilman McCann, seconded by Councilman , Allen, was passed by the ''following vote. to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde Allen, Turonnet and Mayor Therieau ' Noes: None Absent: None NEW BUSINESS: The City Manager recommended execution of a Memorandum of Agreement with the State Division of Highways covering expenditure of the +-cent Gas Tax Fund on Streets of Major Irportance during. the Fiscal Year 1944-45 and on' moticn 'by Councilman Nichols seconded by Councilman Turonnet, Resolution No. 1502 of the City Council, authorizing and directing the Mayor and Deputy City Clerk to execute said Memorandum of Agreement with the State Division of Highways was adopted by the following vote, to wit: Ayes: Councilmen Nichols, Adams, McCann,, Hyde, , Allen, Turonnet and Mayor Therieau Noes: None Absent: None The City Clerk's Certificate No. 6 covering the transfer of �1000 from the General to the Library Fund, was presented, examined, and Approved by the Finance Committee, and on motion by Councilman Allen, seconded by Councilman Hyde, was approved and ordered certified Uy , the City Clerk to the City Treasurer, by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen_', Turonnet and Mayor Theriesm Noes: None - Absent: None Here two letters were read, addressed -to the Mayor from the Chairman of the Rationing Board: 1. Requesting am.allocation of $40., city -funds, to cover Rationing Board stenographic services during July. The matter ,was referred to the City Manager, who explained the previous procedure with similar requests and recommended granting of the request on the same basis as previously. And on motion by Councilman Turonnet, seconded by 321 Councilman Allen, Resolution No. 1503'of the City Council, approving payment of $40 on account of Rationing Board Stenographic Services during July, was adopted by the following vote, to wit: Ayes: Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None 2. Voicing concern as to the Board' s ability to continue occupancy of the quarters presently occupied under lease by the City. This matter was referred to the City Manger, who stated that he has been regotiating with the lessor's local representative in an effort to effect a compromise settlement- -on -the amount of rental to be charged the City under a renewal of the lease and that he will have something definite to report shortly. There being no further business, on motion by Councilman Hyde, seconded by Councilman Allen, and unanimously carried, the meeting was adjourned to Tuesday, July 18, 1944, at 7:30 p.m. City Clerk MINUTES Or AN ADJOURNED MEETING OF, THE CITY COUNCIL OF THE CITY OF PALM-SPRINGS Held July 18, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No. 810 North Palm Canyon Drive in said city on Tuesday, July 18, 1944, at 7:30 o 'clock p. m. , pursuant to ad- journment of the meeting held July 5, 1944. The meeting was called to order by Mayor Therieau who presided. Roll Call: Present: Councilman Culver Nichols Councilman C. P. Adams Councilman C . A. Hyde Councilman IN. Z. Allen Councilman Armand Turonnet Mayor Eugene E. Therieau City 1,4anager R. IA. Sorum City Attorney Roy 11. Colegate City Clerk Louise McCarn Absent: Councilman IJ(aurice McCann Drafts of the minutes of the mectins held June 28 and July 5, 1944, having been previously distributed among the Council, were presented, approved and ordered copied in the Minute Book. COh1 aTUNI CATI ONS: A letter was read from the Secretary of the Planning Commission, (a) re Application of Mr. Tex Driskell to operate a refrigeration and air-conditioning business at 171 North Indian Avenue (in Zone C-2) : Recommending, pursuant to resolution adopted in the meeting; of Jul-y- 5, 1944, that the Council by resolution determine that the requested use of said premises would be no more obnoxious or detrimental to the welfare of the particular community than the enterprises and businesses specifically, enumerated in Section 12 of Ordinance No. 75 - except that such operation must be "without any manufacturing at said place of business . " And on motion by Councilman Nichols, seconded by Councilman Hyde, Resolution No. 1504 of. the City Council, approving the requested use ofsaid premises by Mr. Driskell, without any manufacturing at said place of business ; and instructing the City Clerk, before issuing a business license for said business, to notify applicant that there must be no manufacturing work, such as construction of hlaeet metal, ducts and things of that kind, permitted, there, was adopted by unanimous vote. (b) re Application of Mr . Walter Illick' to operate a 'general store and market in his Trailer Park, 1563 South Palm Canyon Drive: Stating that, since the premises i.Li question are classified as Zone "U," in which the requested uses may be conducted only to the extent of the existing non-conforming right, no action could be taken by the Commission thereon. Here the City Attorney stated that the City Clerk, before issuing any business license for the requested use, must have on file from the applicant, a sworn affidavit that a si.m_lar business (commenced prior to the adoption of our Land Use Ordinance No. 75) had been conducted on the premises continuously without a break of one year, and that such affidavit .must establish due proof of an existing non-conforming right before a license could be issued. After some discussion the ,City Clerk was instructed to so notify the applicant. The City Manager thereupon recommended that the Council call upon the PlanningCommission for its consideration and recommendation on the advisability of rezoning Section 22 (where the Illick" premises. ar,e located) . And on motion by Councilman Allen, seconded- b7T Councilman, Turonnet, Resolution No . 1505 of the City Council; approving the recommended procedure, and in- structing the _City_'Clerk .to. so notify the Planning Commission, was adopted by unanimous vote. Applications for dance permits were read, as follows: From Don Carlos and Mary Fostor' for dancing, at Tahquitz Creek Cafe: (a) July 7, 8, 9, $5 application fee .and `$3 per dance paid; and (b) July 14, 15 and 16, W3 per dance paid -- Both permits were granted b;/ the Chief of Police, subject to ratifi- cation by the Council. ' And on motion by Councilman Hyde, seconded by Councilman Allen, Reso- lution No. 1506 of the City Council, ratifying and confirming the action of the Chief of Police in granting permtssion .,to ron Carlos and Mary Fostor to hold dances as guested in Tahquitz, Greek.Gef? was adopted by the following vote, to wit : Ayes : Councilmen 'Nichols, Adams, Hyde, Allen, Turonnet 'and Mayor Therieau Noes : None Absent : Councilman McCann The application of E. E. Kolstad for renewal of nightly dancing; in the Zanzibar Cafe was read and on the recommendation of , the City Mana- ger referred to the City Manager , for inspection as to safety and health regulations - Pursuant to current laws governing dancing, and report and recommmendat:_on thereon in the next meeting of the council. A letter was read from the Municipal Finance Officers ' Association of Southern California, urging the attendance of the City 's finance officers at bimonthly meetings . No action. . REPORTS: ' The Mayor called upon the City Attornpy in the matter of the City's pending negotiations for purchase of the Field Club, and received the following; report on the meeting of the Cluie' s: xecutive Committee; The Committee had indicated that the Club would stand on the priceof 1138,000. , previously quoted, payment to be ex.tanded over a 3-gear period; that, although the members of the Committee attending, the meet9_nFs in question were not qualified to speal: for all the club 's stock'holde.rs, the opinion was expressed that the Club would entertain such a proposition after the City had completed the negotiations now under way-with persons holding encumbrances against the Club and that, while such negotiations were pending, there would be no objection to the City' s continuing occupancy of the premises - upon the understanding that, should the sale to the City not be consummated, the City upon surrendering the premises, would, 323 as provided in the lease, be obliged to restore the premises to the condition they were in at the timeof commencement of occupancy. Whereupon the Mayor appointed a committed composed of Councilmen Nichols, Hyde and Allen, Mayor Thcrieau, City Yana_ y er Sorum rind City Attorne Colegate to meet with Messrs. Crocker, Dicks et al., of the Field Club Executive Committee, in the City Offices, 363 North Palm Canyon Drive, at 4:00 p.m. , Tuesday, July 25, 1944, for further discussion of the matter and report at the next meeting of the City Council. The Mayor called upon the City Attorney for a review of the status of the matter of the Buchwalter (Cigarette) Vendin.; Yanhine Company 's avowed intention to contest Lhe validity of Ordinance No. 149, fixing the business license fee on cigarette vending machines. The City Attorney explained in detail the law under which our current business license, ordinance and amendments are drawn, to wit : that licenses may now be sold for-revenue - -not -only for reg1z_lati0n, as was at one time the case ; and stated that itwas his recommendation that the City sho+!ld stand on the ordinance presently effective. After some discussion the consensus of opinion as expressed by members of the Council was that the City Attorney's advice be followed, and he was instructed by the Mayor to so notify Mr. Duchwalter. UNFINISIIII) BUSINESS: The matter ,of setting up procedure, pursuant to Resolution No. 1501 adopted in the meeting of July 5 , 1944, for the operation of replacement and reserve funds was postponed to a later meeting. NEW BUSINESS: A register of 'demands was presented; examined and approved by the Finance Committee, and on motion by Councilman Allen, seconded by Council- man Adams, claims and demands numbered 5357 through 5364 and FINA Pro- ject 72-73, were approved and paid by warrants drawn on the City Treasurer, by the followinm vote, to wit : Ayes : Councilmen Nichols, Adams, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: Councilman McCann The mayor inquired from the City Manager for recommendations on the burning of trash and as to fire hydrants upon the Indian Lands and in the Araby Tract - matters about which several citizens had approached the Mayor. The City Manager stated that he would probably have some recommendations on both subjects to or�Dsent in the next meeting; however, that an alarm recently turned in by neighbors about a -`'ire had developed, the Fire Department discovered upon respondine� to be a fire started under a per- mit to burn trash and to be entirely under control of the permittee. As to fire hydrants, lie stated he considered this really a matter for the post-war period; that the streets in the Araby Tract had never been formally dedicated to the City - a factor for consideration in contem- plating hydrants in Araby; and that he now has a plan whereby Indian Lands residents may receive the desired protection without the City 's being involved in the expense thereof. The City Manager read a letter regarding the addition to the Health Center building contemplated by the Welfare and Friendly Aid division of the Palm Sprin ?s Woman 's Club. The letter was from the Indian Agent, sayi.n that the Tribal Committee had expressed its willingness that the addition should be constructed. The City Manarler said that informal expressions from the members indicated that the Planning Commission Is recommendation in favor of the project would be fortheominEF shortly. And on motion by Councilman Turonnet, seconded by C;,uncilman Nichols, Resolution No . 1507 of the City Council, requesting the City Attorney to prepare the necessary modification of the existing Permit (covering the use of the land) , and instructin7 the City Clerk, ugon receipt of the Planning Commission recommendations and completion of attendant details, to notify the Friendly- Aid Division that construction could commence, was adopted by -the following vote, to wit: P24 Ayes: Councilmen N_1.chols, Adams, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilman McCann The City Manager requested of the Council an expression as to ordering an Engineer 's survey showing the exact locations of private pronerties abutt:i_nc,: certain of our city streets--with a view to 'subsequent paving and installation of sidewalks. ', Although no vote was taken, discussion indicated there was no' objection to the City P,Tanager ordering such sur- veying as in his judgment might best serve to establish of record- the existing private property lines. Here the City Attorney, p,resented a matter having to do with the lands taken by the Government, which taking involved the condemnation of certain of our .city streets,, by civil, actions filed in the District Court of the United. States, Southern District of California,' Central DivisSon. He stated, after reviewing the circumstances leadinT up to- the present negotiations,, that it was now possible to enter into a stipulation with the federal attorneys Whereby, through a license to ' the federal authorities, the Government would dismiss the 'liti=-ation as to the City, use the streets for the duration and six months there- after, and then restore and return the streets to the City in the same condition as when taken over by the Government. 1,1hereupon, on motion by ,Councilman Nichols seconded by Councilman Turonne,t, Resolution No. 1508 of the City 6ouncil, ali.thorizing and directing the City Attorney, for and on behalf' of the City, to enter into a stipulation with the attorneys for the Government as to the dismissal of litigation involvin the taken.; of certain of our city streets-, and- to proceed with the license agreement c,overin,; the Government 's use of said city streets, was - e,dopted by' t' e following vote, to wit: Ayes : Councilmen Nichols, Adams, Hyde, - Allen, D-1ronnet and Mayor Therieau Noes : bone Absent: Councilman I;icCann And on motion by Councilman Nichols, seconded by Councilman Allen, Reaclution No. 1509 of the City Council, authorizing and directing the City Attorney to prepare said license agreement withthe Covernment covering the Government 's use of said city streets pnrsuant 'to the terms „of the stipulation, aforesaid, and authorizing and dir. ee tang the Mayor and the City Clerk to execute -said ,license agreement when 'avprovod by the City Attorney as to Porn:, on behalf' of the City, was adopted by the fol=.owin., vote, to wit : Ayes : Councilmen N'-chols, Adams, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilman McCann Here Councilman Nichols ',gave a brief resume of the organization meeting of county residents for the fo.rmation of a county-' wide flood control di3- trict, which he had attended; that the district would be divided into six zones; that the district would be administered by a board - probably the County, Board of Sune,rvisors ; district administration costs to be levied against all 1�nds within the county; i_•nnrovements within any zone to be levied against the lands within {thatzone,; that the entire program is present.l,r proliminary and could only become effective when passed upon, by the Legislature; that the Coachella Valley Water, District, which r has its own flood control program, had voted against joining in this program; that: he, is a member of a committee of seven; one from each of the six zones plus an extra member for Palm Springs (which is in Zone5) . fie stated that his cormittee, wcs to meet with. the County Counsel In his Riverside Office, July 19, 1945, after which he might have something further , to report. . There being no further business, on motion by Councilman Turonnet, - seconded by Councilman Allen, and unanimously carried, the meeting, adjourned. - City Clerk 325 MINUTES OF REGULAR MEETING OF THE CITY COUNCIL CITY OF PALM SPRINGS The City Council of the City of Palm Springs, California, held a meeting .in the Council Chambers, known as No. 810 North Palm Canyon Drive, in said City on Wednesday; August 2, 1944, at 7:30 o 'clock P.m. , the said day being the first Wednesday of the said month of Au,qust. The meeting; was called to order by Councilman Maurice McCann. Roll Call: Present: Councilman Maurice McCann City Clerk Louise MoCarn Absent: Councilman Culver Nichols Councilman C. P. Adams Counncilman C. A. Hyde Councilman Walter L. Allen Councilman Armand V. Turonnet Mayor Eugene E. Therieau There 'being' no .quorum present, Councilman McCann by public announce- ment, adjourned the meeting to Wednesday, August 16, 1944 at 7: 30 o 'clock P. M. City Clerk MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held August 160 1944 The City Council of the City of Palm Sprinms held a meeting in the Council Chambers known as No. 810 North Palm Canyon Drive in said city on Wednesday, Au?*nst 16, 1944, at 7 :30 o 'clock p.m. , pursuant to adjournment of the meeting held August 2, 1944. The meeting was called to order by Mayor Therieau, who presided. Roll Call: Present: _ Councilman Culver Nic,aols Councilman C. P. Adams Councilman C . A. Hyde Councilman "N. Z. Allen Councilman Armand V. Turonnet Mayor sugene E. Therieau . _City- PHanag;er_ R. YJ. Sorum City Attorney Roy 1,1.' Colegate City ClerV Louise "JeCarn Absent: Councilman- Maurice McCann 1 Drafts of the minutes of thtj rae®tixige_held: ly Sy,;July 36 and'duus .22 havinm been previously distributed among the Council, were presented, " -: approved and ordered copied in the I4inute Look. C OMMMlICA1'I ONS: A letter was , read, addressed to the ItTayor by Councilman McCann, re- questing leave-of-absence outside the city to attend to personal busi- ness, for sixty (60) days commencing Au-ust 16, 1944. The City Attorney explained that under the law, awhile such leave could be granted only upon a show ,ng of Iturgent necessity,' due to the special provisions un- der which our city , operates no councilman could be deprived of his office because of an absence of more than 6C days from the city. The iv7a7or stated that, since receipt of the letter he had been advised that Councilman McCann would be in "attendance at the first regular meeting in September; that therefore action upon the request was unnecessary; however, it was well for the council to have the law interpreted. 326 A letter was read from the County Auditor giving a statement of assessed values of property within the city of Palm Springs for the fiscal year 1944-45. A letter was read from the Secretary of the Lea�,ue of California Cities, announcing the cancellation of the annual leapuuo conference scheduled for September 19-21 'in Sacramento - due to transportation difficulties resulting , from the war conditions . Two applications were read': from Don Carlos Foster for dancing, in the Tahquitz Creek Cafe, July 27, 2i., 29, August 4, 5 (fees paid) , permission ?,ranted by the Chief of Police subject to Council rati- fication. On motion by Councilman Nichols, seconded by Councilman T'uronnot, Resolution No. 1510 of the City Council, ratifying and confirming the action of the Chief of Police in �rantin„ said per- mission, was adopted by unanimous vote. A commiinication was read from "'r. Rer,. C . Jones, presentin , two petitions : one directed to the City Council - si?ned by eleven persons, ,giving their address as "Araby Tract, " petitioni.n-- the Council to remove the growth in the Araby 'slash and stating "We are informed that failure to remedy the present condition of the ',;'ash will cause serious damage to our district in the near future= if and another addressed to theState T_Iighway Department, si= ned by the same parties, petitioning for removal of "the dirt banks adjacent to Highway No . Ill at the intersection of said hi,-hviay and the Araby Wash, said banks causing the ',Nash to back up and flood the Araby District to our great damage" - in which second petition the Council was requested to join by endorsement . T,Ir. Jones, present in Chambers, was called upon by the, B4ayor . He recited in detail the history of the accumulation of -r'owtil in the area referred to and described the work petitioners plan for correction of the existing situation. The City Attorney stated that under the law to engage in any such project on private land the City must first acquire rights of Way over such land in pi> rs ,-ance of plans prepared by, and wort: must be done only under the direction of', a responsible engineer. 3e gave a brief review of the record of previous litigation in a controversy I between nr .vate partie's n;r,oi%Yin; out of an attempted flood 'control -- project in an area nearby that named by petitioners . 7J;.1ere1.zpon the Mayor announced that the City T",,ana. er and City Attorney had been consi.der' ng this particular question for some time and that he would refer t'.�e ;natter to the Public 'Works Comr:ittee -- to study and to discuss with the City 11ana- ger and present a report on the subject in the next meeting of the Council; in addition that, in order to inform all members of the council, as to the many leryal involvements attend- ing any sizc'i_ project, the ccmnittee chair:nan' should also fix a time .or a meeting, of the council as a coimnrittee-of-the-whole for full discussion before presenting the report, - tl�e City Clerk to notify council members of such meeting. A letter was read. from 7+ir. Vv% R. lllick, requestin , Council per- mission to operate a food marketin7 business in connection with his trailer park under t;re clause in the Land TTse Ordinance which per- mits continuance of a non-conf'armin- use established and, not abandoned for more than one year prior to commencement of such business . `.Ph.e general opinion. was to the, ,effect that, a lthoumh there mi_-ht not be a corwolete shmr:inr of 'cemp;lie-nce with tho ordi,nancc' as to "continuance" of the non-conforming ri-ht, the lapse if any was so short a time as not to oblige the City Clerk to refuse the license and the City Clerk was instructed to issue the license as requested. REPORTS: The City iaanager presented the following report and recom-(�endatiens : 1. After inspection of the, premises and a finding of' comnliance as to existing ,rules and regulations governing dancing, a recommendation that the application of ivIr. E. E. Kolstad for a renewal of his permit for nightly dancinn, i_n the Zanzibar Cafe daring the current fiscal year be granted.' On motion by Councilman Nichols, seconded by Council- man Hyde, Resolution No . 1511 0£ the City Council, r.;rantihm said per- mit, was adopted by the follo,;uin vote, to wit: 327 Ayes : Councilmen Nichols, Adams, Hyde, 1111en, -Dirorret and Mayor "1i.erie-Tu Noes : None Absent: Councilman McCann 2. A report on swimming pool operations to date Auust 6, showing: Attendance - adults 342, servicemen 42, hi;=h school children 97, children 495; a disbursement- of $335.07 for expenses and receipts of )246.20. The Mlayor stated that this was considerably less than the costs of operation of the pool last year and suogested that the City 111anager be commended upon this showing; each member present joined with the Mayor in commendation. The City Manager stated that it had been deemed advisable to make a uniform charge of 25¢ admission for adults, servicemen and high- school children - eliminating' the 40¢ admission fee entirely, w_s opinion that the reduced adult fee would bring enough larger attendance to cover the difference in total receipts . 3. Re the rationing; board quarters lease : that the new lease had not yet been delivered but he did not believe the rental would be Per less than 4"1200 per annum - an increase of 5,p250 over last year. 4. Re fire code violations and proposed amendments to the code : That he hoped to have the necessary* ordinance ready for introduction in the next- meeting, 5. Re the wealth Center addition: thri't the constriction is coming along as rapidly as is possible unde ,' the present shortage of labor. G. 117ith re;ac,rd to the survey of property lines alon? Palm Canyon Drive, etc . : that he hoped to have the survey and plans for proposed improvements ready for the next meeting of the Planning Commission, with recommendations from the Commission to the Council meeting thereafter; that the _City Engineer had been unable to come to Palm Springs on this matter this week, as planned. a- 7. Re Special Fund for Replacement of Mr%,-orized Vehicles : An ordinance entitled "An Ordinance of the City of Palm Springs creating a Fund for Capital Outlays, '_to be known as 'Special Fund for the Replacement of 11otorized Vehicles, " was introduced by Councilman Allen, read in full for the first time and filed with the City Clerk for further action. This ordinance being a part of the procedure recommended by Resolution Yo. 1501 adopted by the Council in the meeting of July 5, 1944. The followin,, reports were presented, examined and filed with the City Clerk: For Suly: City Treasurer; Police Department City Clerk 's Fund Statement as of August l6, 1244; Annual Report of the `Ve h ood Murray Pe?norial Library, 1943-44. The Chairman of the Finance Committee announced tliat, due to absence of several members of his committee, the report on the Indio Cas Company business license mattermust be out over to the next meeting.. UNFIATISK='A BT.TSINESS: On motion by Councilman Allen, seconded by Councilman IHyde, Resolution No. 1512 of the City Council, f;.xing tYe rate of taxes for the current 1 fiscal year at one dollar ( 1;1.00) upon each one hundred dollars � $100) of value of the prop arty wit_'iin the city of Palm Sorin�s, as assessed and as equalized by the Hi-,*erside County Board of Supervioors, such rate to be the same ti-rou.-bout the city, there bein - no different rates for any portions or districts thereof; and instructing the City* Clerk to forthwith tr-unsmit to theRiverside Coti.nty Auditor a certified copy of said rosoli,tion an,,'. statement of said rate of taxes thereby fixed (and prssuant to the provisions of Ordinance To. 151) , was adopted by the follnwLng vote, to wit: Ayes: Councilmen Nichols, Adams, Hyde, Allen, Turonnet and Mayor Therieau does : None Absent : Councilman Pr"cCann 328 NEW BUSINESS': A register of demands was ;presented, examined and approved by the Finance Committee, and on motion by Councilman Allen, seconded by Councilman Nichols, claims and demands numbered PR-798 through 211- 831rand 5365 through 5401, also FVWA Project No. 74 (to close the account) , were approved and ordered paid by warrants drawn on' the " City Treasurer by the following vote, to wit: Ayes : Councilmen Nichols, Adams , I?yde, Allen, Turonnet an�i Ma;;or Therieau Noes : None ..Absent: , Councilman 54cCann The City Clerk 's, Certificate No. 9, covering the followings fund transfers : To the Patrroll ' Fund - from the Ceneral Pund " 4617.37, from the Street Fund �{588.44, from the Waste Disposal Fund ltaO56.44 - a total of �6262.25; and to the C,eneral Fund - fromthe Gas 'Pax Fund ,p33.80; to the Street Fund from the Gas Tax Fund 1136. 60 and from the General P'uncl 4506.00, was presented, examined and approved by the Finance Committee, and on motion by Councilman -Al.len, - Seconded by Councilman Hyde, approved and ordered certified by the City Clerl; to the City Treasurer, by the following vote, to wit: Ayes : Councilmen Nichols, Adams, Hyde, Allen, Turonnet and Mayor Therieau Noes None Absent : Councilman i,TcCann . Here the Pgavor introduced the matter of a vacation for Judge i'jnne;r. ;With regard to another city official serving as Judge pro tern, the City Attorney stated that he fould nothing in the statutes oroh1-b1ti.nrT a I;ta *or from serving as City Judge; therefore, assuming no o Ject .on was raised by any member of' the Council, therewas no obstacle in t:he way of the MayorTs appointment, to serve as Jud;*e pro tem in e absence of Judge " nrey. *Whereupon on recommendation of the City T9an, ::—r tl�at the Judge be granted leave-of-absence for a vacation, on motion by Councilman Nichols, seconded by Councilman Turonnet, Resoliitior No. of the City Council, approvi= the a000intment of Mayor T;: r'_';e.t7 as Judge pro tem, to serve in the absence of Judge Pinney, from Auo-ust 22 to September 5, 1944, inclusive, was adopted by unan.l.mou.s voto, There being no further business , on motion by Councilman T,.�ronnet,'' seconded by Councilman Hyde, and unanimously carried, the mee; ti_n _ adjourned. City Clerk MINUTES OF A REGULAR 'MEETTNG OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held September 6, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No. 810 North Palm Canyon Drive in said city on 'Wednesday, September 6, 1944, at 7.30 O clock p.m. , the said day- being the first Wednesday of said month of September. The meeting was called to order by Mayor Therieau, who presided. Roll Call : Present: Councilman C. P. Adams Councilman Maurice llcCann Councilman C ., A. Hyde Councilman Walter Z. Allen Councilman Armand V. Turonnet 54ayor Eugene E. Therieau City Attorney Roy W. Colegate City Clerk Louise McCarn Absent: Councilman Culver Nichols City Manager R. LT. Serum Draft of the minutes of the mmeting held August 16, 1944, having been previously distributed among the Council, was presented, approved and ordered copied in the 54inute Book. 329 C OMI,.7NI CATIONS: The Mayor called upon h1r. H. C. Moseley, present in Chambers with Mr. Walter Kofeldt, Executive Secretary of the Chamber of Commerce, to request permission• for a Western Parade by Los Compadres in celebration of "Western Week" October 8"15 inclusive, and in connection with the opening of the Bond Drive in October. Mr. Moseley said that it was desired to hold a gymkhana after the parade in the Field Club grounds ; that no admissions would be charged except to civilians, and then only I f the Los Compadres were obliged to collect funds to defray any expense in connection with use of the Field Club or with - sanding the city streets, should that be necessary, and sub- sequent cleaning of streets following the parade. Mr. K_ofeldt stated it was his idea to use the "Nestern Week, "- with toe parade, by way of publicity for the city early in the season. After discussion, on motion by Councilman Hyde, seconded by Councilman McCann, Resolution No. 1514 of the City Council, granting Los Compadres permission for the parade on Sunday, October 16, 1944, with the use of the Field Club grounds for the gymkhana (providing that the City at that time is still in control of the Field Club) , any expense incurred, either in connection with sanding and eleanlngr the city str•_.ets or the operations at the Field Club, to be borne by Los Compadres ; such permission being contingent upon the permission of the State Highway Division for the parade ; the City Manager to obtain information from said division concerning the necessary permission and whether the highway must be sanded - he in turn to notify Los Compadres of the divisionta ruling, was adopted by unanimous vote . During the consideration of this matter Councilman Nichols and ,City ].tanager Sorum entered and joined the meeting. The application of Don Carlos Fostor for nightly dancing was read, as follows : to have said dancing in his cafe: Twin Palms (formerly Tahqu,itz Creek Cafe) , paying the annual fee semi-annually, with an allowance of 'j37. 50 credit for July, Au;?ust and September since dancing to commence October 1. Applicant present in chambers was also heard. The Mayor an- nounced that according to the City Manager and the Chief of Police there ham. peen no recent complaints against applicant . Discussion developed. that the fee could not be paid semi- annually, nor could the ¢;37.50 credit be allowed. The appli- cation was referred to the Public Safety Committee, to -,onfer With the buildinc and fire departments as to insoections for safety and compliance with existing, rules and regulations governing, dancing, and report to the next meetinT of the Council for action. Two letters were read from applicants desirous of openinm businesses, both of which applications had been before the Planning Commission, as follows: (a) From Mr . -Odis Pellum (colored) , requesting permission to operate a laundry in the old Indian Store, 204 North Indian Avenue (Zone 2) . The Planning Commission 's consideration of the matter was not in order, that type of business being permitted only in Zone C-3 and the City Clerk was instructed to notify applicant that his request was denied; (b) From Mr. C. D. Winning, requestinm permission to operate a small fix-it shop: sharpenin.7 of lawn mowers etc. , at 190- North Indian Avenue . The Commissi.onts resolution recommending that permission, be granted, strictly on a trial basis, for a period expiring; June 3O, 1945; and'. on the council 's determining that said business mould be no-more obnoxious nor detrimental to the welfare of that particularcommunity than the businesses permitted in a C-2 zone ; and provided said business be conducted without any loud or unusual noises , was presented . And on motion by Councilman McCann, sebonded by Councilman Adams, Reso- lution No. 1515 of the City Council, , rantin permission as recommended by the Plannin,- Commission, and instructing the City Clerk to so notify the applicant, was adopted by unanimous vote. 630 An application was read from Miss Margaret Foldesy, Palm Springs Hotel, for permission to lend her hotel dining room to the NCO ' club, Torney General Hospital, for a private dance, - September 16, 1944, the dining room and Luau Bar being closed as of said date; application fee of �5 attached; no admission fees or rental charge by the hotel in connection with the dance.' The City M&nager here stated, that, 'pursuant to rules and regulations governing dancing, In every case where there is an application for dancing the premises shouldbe inspected by ,the Iduilding and fire departments as to safety and other requirements in ad- vance of issuance of a permit. The premises at the Palm Springs Hotel will be so inspected in advance of the dancing September, 16th. On motion by Councilman Adams, seconded by Councilman -- Allen, Resolution No. 1516 of the City Council, granting permis- sion for the dance, subject to the Clubls officer so qualified signing the application in the name of the Club; the fee waived, was adopted by unanimous vote. An invitation was read from Mayor Secoombe of San Bernardino - the host city to the September 15 meeting of the Citrus Divi - sion, League of California Cities, It was decided that the following would attend: Mayor Therieaii, City Hanager Serum, City Attorney Colegate, and Councilmen Adams and Allen; and the City Clerk was instructed to so Informi,Ir. Seccombe. A;'.letter.'was .read from Miss Margaret Freeman, inquirin,7 as to the possibility of being permitted to conduct -a dancing school' in Palm Springs •,, no action since applicant failed to name a location for the ?roposed school . A copy of a letter was read from R. E. Cawelti, Supervisor of the State, Division of Driwersf Licenses, to the Chamber of 11 Commerce Execttive Secretary, saying he would conduct examina tionai in Palm Springs September 21 and 22, 1944; the first day from 12 noon to 6 p.m. , and the secnnd day from 8:00 a.m. to 1:00 p.m. , in the Chamber of Commerce. REPORTS: The City Iolanager presented report and recommendations as follows : (a) That he has restored P. Y. Swart as Assistant Director of Public Yorks after an ,illness of several months, and recom-' mending approval of Mr. Swartts former salary: a`225 per month, with a monthly car allowance of �r25. , effective as of Sep- tember 1, 1944 and on motion by Councilman Nichols, seconded by Councilman ElcCann, Fesolution No. 1517 of the City Council, approving payment to P. M. Swart, Assistant Director of Public Jiorizs, of his former salary: �,225 per month plus a monthly car allowance of �'1p25. , effective as of September 1, 1944, was adopted by the following vote, to wit: Ayes : Councilmen Nichols , Adams, 2,4cCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None -- Absent. , None h (b) Pursuant to a request from the Rationing Board Chairman for a contribution of $40 toward stenographic services for 'August, and possibly September if he fails in his present attempt to have this stenographer enrolled with the U. S. Civil Service during September, that he recommended a contribution of ;p40 toward r_ah'inri.nc board stenographic services for August and if in his.. judgment-,;'it is justifiable, a further contribution in like amount for September. On motion by Councilman Nichols, seconded by Councilman Turonnet,, Resolution Nol 1518 of the City Council, approving the contribution recommended by the City IUlanar;er: 440 for rationing board ' steno,�rap'zi.c services for August, and possibly a lil-re contribution for September should the City- Mana'ger deem same advisable, was adopted by the following vote, to wit: Ayes : Councilmen ,N.1-chols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : ' None Absent: None 331 (c ) That the plans for installation of curbs and gutters ad- joining the Idutascio property* which fronts Palm Canyon Drive (opposite the Grammar. School) had been discussed in detail in the Planning Commission meeting ntoday and were presented in this meeting with the Commissio 's recommendations for Council approval of the City Engineer 's plan (with subsequent revisions recommended by the City Manager and explained in detail to the Commission and the Council) , with authoriza- tion to the City Pianager to proceed with the installation according to said revised ,elan and subject to the approval of the State Highway Division. After discussion and study of the plan and proposed revision, on motion by Councilmen Nicblols,- -seconded by- Councilman Hyde, Resolution No. 1519 of the City, Council, adopting the recommendations of the Planning Commission as to procedure for the installation of curbs and gutters abutting the L4utascio property along Palm Canyon Drive and Alejo Road and Chino Drive, subject to the City Engineer 's revised plans and the approval of the State Highway Division, under the direction of the City Manager, was adopted by the following vote, to wit: Ayes: Councilmen Nichols, Adams, McCann, Hyde, Allen, T-aronnet and Mayor Therieau Noes : 1�one Absent ; None Duri_n; the discussion attending Resolution No. 1519 it was suggested that perhaps it would facilitate the uniform construction of curbs and gutters if the City, under an over- all plan, were to make such installations and, where possible, apply gas tar, funds to fifty per cent. of the costs and collect the balance from the abutting property owner. Councilman Turonnet offered a motion to so amend Resolution No. 1519 as to incorporate such a provision therein. The City Manager protested such an amendment in the instant case on the ground that the property owner is willing to pay the entire cost and anxious to have the work done without further delay; and that such an amendment would seriously delay the installation. The motion was seconded by Councilman Adams and failed of adoption by the following vote, to ,wit: Aye;,: Councilmen Adams and Turonnet Noes: Councilmen Nichols, McCann, Hyde, Allen. and D4ayor Therieau Absent: None The City Manager here referred to the �10, 000,000 State Funds now available to cities on a matching basis,, which allocates to Palm Springs : �3455 for plans and 4'�' 1514 for acquis'.tion of sites, with no: limitation as to sites, stating that if the Connell should be of a mind to take advantage of the offer he would wel- tome suggestions as to projects at an early date as the applica- tion blanks are available as of September 12, 1944, and should be sent in shortly. The Mayor requested the Council to consider the matterand give thr. City--Manager any suggestions in order that he may present any recommendations in the next meeting of the Council and proceed with the necessary application to the State. Re the Araby Tract residents ' petitions concernin? flood control: (a) The Mayor called upon 1,,7r. Reg Jones and Mr. Roy Gammell, present in chambers ., Mr. Jones quoted figures cover_n- the estimated cost of the work and Mr. Gammell, speaking for the owners of Smoke Tree hanch, stated it was their desire mere- ly to so Improve thecurrent course of the stream bed as to keep the stream on its course - a temporary- measure until such time as the state or feder�.l _government would institute a comprehensive flood control project in that area. The Mayor announced that the committee-of-the-whole, after meet- ing; with, and on the adv of, the city attorney, was obliged to abide by the law, however much the committee as individuals were and are in symppathy with the petitioners ' plight; that 642 the ,„city attorney had rendered a definite opinion that under no circumstances could the City attempt to do work on private property without first obtaining right of wqy over t'he nronerty and doing the work pursuant to engineer 's plans ; that it is doubtful, in the city attorney 's opinion, whether the City could contribute from public moneys toward a private project. The City attorney here stated that he would be verb* Xlad to make a further study ofauthorities in an effort to, if ''possi- ble, find a way for the City to make such a contribution and would render an opinion ' shortly. (b) The Mayor referred to Mr. Jones ' request for council action on the petitioners ' recuest for council endorsement of th:e petition addressed to ilia State Highway Division for removal of the "dirt banks adjacent to Highway #111 at the 'intersection of the said highway'' and the Araby 'Nash" and on motion by Coun- cilman McCann, - seconded by'' Councilman Allen,. Resolution No. 1520 of the City Council, endorsing said petition, and authoriz- ing and directing the City Yanager to contact the State Hirh- way Division in furtherance thereof, was adopted by unanimous vote . Re the Acquisition of the Field Club stock and property -- Coun- cilman Adams announced himself in favor of abandoning the proposi- tion and against any continued occupancy of the property - on the ground that he is opposed to spending the City' s money for any such purposes in the face of the need for other and more necessary things, such as city jail a.ccomodations for women prisoners which would do away with the expensive method of handling those prisoners presently in practice. Councilman Turonnet con- curred in the 'views expressed by ;sir . Adams and expressed himself as further opposed on the ground that he is more interested in those improvement projects indicated by the City tTanager as neces- sities. After some further discussion Councilman Adams offered ' a motion, seconded by Councilman- Turonnet, to the effect that negotia- tions for the purchase" of the Field Club stoc'c and property be discontinued and the property' returned to the Field Club corpora- ' tion, which failed ofadoption on the following vote, to 'wit:. Ayes; Councilmen Nichols, Adams, Turonnet Noes ; Councilmen McCann, Hyde, Allen and Mayor Therieau Absent: None The Finance Committee Chairman reported the matter of the business license to the Indio Gas Company still in committee . The following reports were, presented, examined and filed with the City Clerk: For August - reports of Police Department; City Treasurer and City Clerk 's Fund Statement as of September 1., 1944; also the City Clerk' s Annual Report of Receipts and Disbursements for the fiscal year ending June 30, 1944. Re the suit instituted by Mr. Buchwalter wherein he seeks to ' restrain the City from collect-Ing his business license on 'cigarette machines pending a decision by the court -- the City Attorney stated that the suit would, probably be disposed of within the next few months ; that he had informed plaintiff ' s attorney that no license fees would be collected until the suit was settled. UNFINISHED BUSINESS: Ordinance No. 152, being "An Ordinance of the City of Palm Springs, creating a Fund for Capital Outlays, to be known as ISpeci.a'l Fund for the Replacement of Motorized Vehicles, " introduced b? Coun- cilman Allen in the meeting of 1uust 16, 1944, and then re ,? ad in full for the first time, was offered for a second reading and on motion by Councilman Turonnet, seconded by Councilman Nichols and unanimously carried, the second reading was waived; and on motion by Councilman Turonnet, seconded by Councilman Allen, said ordinance was passed=by ' the fcll'ov;inl; vote, to wit; Ayes: Councilmen Nichols, Adams, McCann, IIyde, Allen, Turonnet and Mayor Theri.eau Noes: None Absent : None 333 NEW BUSINESS: A register of demands was presented, examined and approved by the Finance Committee, and on motion by Councilman Allen, seconded by Councilman Hyde, claims and demands numb,ered 'PR-832 through PR-866 and 5411 through 5450 were approved and ordered paid by warrants drawn on the City Treasurer, by the following. vote, to wit: Ayes: Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None The City Clerk' s Certificate No. 10, covering the following fund transfers: To the Payroll Fund - from the General Fund, $4580.04, from the Street Fund, $660.66 and from the Waste Disposal Fund, $991.55 - a total of $6232.25; and to the Street Fund from the General Fund, $2500.00, was presented, examined and approved by the Finance Committee and on ;notion by Councilman Allen, seconded _ by Councilman I'CcCann, approved and ordered certified by the City Clerk to the City Treasurer, by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Alen, Turonnet and Mayor Therieau Noes : None Absent: None To clear her records, ,the City Clerk requested: (a) Authority to cancel "Narrant 4320 issued January 6, 1943 to the Alison Illuminating Company, for $4. 94, outstanding' as of June 30, 1944) and on motion by Councilman Nichols, seconded by Councilman Turonnet, Resolution No. 1521 of the City Coun- cil, authorizing and directing the cancellation of said war- rant and that the amount thereof: $4.94 be credited to the General Fund, was adopted by the following vote, to wit: 1 Ayes: Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None (b) Authority to issue to B. T. W. Harris a license for operation of a truck at 196 North Indian Avenue - since Mr. Harris has a credit, through overpayment of license fees in 1943, of 012. , and on motion by Councilman Pdc^::n .seconded by Councilman Hyde, Resolution No. 1522 of the City Council, authorizing and directing; the City Clerk to issue said license to B. T. W. Harris for 1944-45, iras .dopted by the following vote, to emit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent; None Councilman Turonnet requested that the Council hear from Mr . William Veith ( local representative of the Tribe of Indians having control of-the land on which it has been suggested that the City might have a recreation project) , who was present in chambers. Mr. Veith suggested something in writing from the Council committee handling this matter so that he could present the writing' to theTribal Committee for consideration and action as to possible terms cover- ing a permit to the City. Mr. Turonnet, chairman of the Council Committee on Indian Lands, promised the letter to the Tribal Committee. Councilman. Nichols here gave a brief report of the activities of two County Committees of which he is a member, as follows: (a) County Flood Control - that it is now proposed that control ' of the district shall rest with a board of directors, whose members are to be elected from the various flood control zones of the county, all subject to the necessary legislative processes establishing the district under state law. (b) County participation in construction of freeways and locations thereof. 334 ' Mr. Nichols invited comment and expression of individual ouinion in these matters, not council action. The general feeling seemed to be that the citizens of Palm Springs would be opposed to' participa- tion in either prcjeet.' There being no further business, on motion by Councilman Allen, ' seconded by Councilman Turonnet and unanimously carried, the meeting adjourned to Wednesday, September 20, 1044. ( C, -n C �n City Clerk MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held September 20, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No. 810 North Palm Canyon Drive in said city on Wednesday, September 200 1944, at 7:30 o 'clock P. m. , pur- suant to adjournment of the meeting held September 60 1944. The meeting was called to order by Mayor Therieau, who presided. Roll Call: Present: Councilman Culver Nichols Councilman C. P. Adams Councilman Maurice McCann Councilman C. A. Hyde Coundilman W. Z. Allen Councilman Armand V. Turonnet Mayor Eugene E. Therieau City Manager R. M. Sorum City Attorney Roy W. Colegate City Clerk Louise McCarn Absent: None' I Drafts of the minutes of the meeting field September 6, 1944, having been previously distributed among the Council, was presented, ap- proved and ordered copied in the Minute Book. COMMUNICATIONS: IONS: Applications were read, from: 1. Wayne Stringer - to renew his plumbing license at 410 -North Indian Avenue 'after a lapse of one and one-half years. Due to the lapse of time under the provisions of our Land Use Ordinance applicant is obliged to first have pwrmission to operate such a business at the location named. 2. R. Dunlap as Agent for the Greyhound Bus Lines - to establish a bus depot in the Bunker 3as station property on, the north- west corner of Indian Avenue at Andreas Road. nor. Dunlap, present in chambers, presented a sketch showing the proposed , changes in the property and explained that the only altera- tions to the building would be entirely within the building.' He ,stated that no other location was available and the' Mayor voiced the 'opinion' of the Council that applicant would receive fullest cooperation from city officialsin hastening the issuance Ir of a permit for this very necessary transportation service depot. Although both applications are looked upon by the council with favor the Mayor informed applicants (present in chambers) ' that -their ap- plications would be referred to the City Planning Commission for consideration in its next meeting and report and recommendations to the Council thereon. 335 The application of Thelma Wertheimer Davis -was- read, for renewal of nightly dancing in the "Col"onial House. The City Manager here informed the Council that the premises had been inspected for safety etc. , and found in the same condition as when dancing was permitted last year. On motion by Councilman Turonnet, seconded by Councilman Nichols, Resolution No. 1523 of the City Council, - approving -the issuance of a permit to the Colonial House for night- 1y dancing and a business license thereon for the current fiscal year, was adopted by the following vote, to wit: Ayes: Councilmen Nichols, Adams, ,McCann, Hyde, Allen, Turonnet and Mayor Theriesu Noes : None Absent: None The City Manager at this point further stated that the premises in the Palm Springs Hotel (where the NCO Club of Torney General Hospitalcontemplated dancing September 16, subject to an inspec- tion of said premises first being made) had been inspected in ad- vance ' of the dancing and found to be in good condition for the requested use. An invitation was read from the League of Celifornia Cities to attend one-day conferences scheduled during October: one in Los -Angeles and one in San Francisco, and requesting, notice at an early date of reservations wanted. - Discussion developed that the City Manager should attend the Los Angeles meeting, with expenses paid; also that as many members of the Council as could should attend. The Los Angeles meeting is scheduled for October 13, ,and the matter of attendance will be settled in the next meeting of the Council. A notice was read from the State Board of Equalization, announcing an application for on-sale beer license by Louis Marincovich dba Canyon Cafe, 370 North Palm Canyon Drive. Applicant has no busi- ness license to conduct said business but the Mayor stated it was his information that applicant had leased the premises from the present licensee. No action on the application. REPORTS: The City Manager presented the following reportand recommendations: (a) He requested to be relieved from his dutSesl as Building Inspector (including Electrical and Plumbing Inspector) - -ex- plaining his reasons therefor; to make other appointments in that connection. On motion by Councilman Nichols, seconded by Councilman Hyde, Resolution No. 1524 of the City Council, re- lieving the City D4anager-Director of Public Works of his duties as Building, Electrical and Plumbing Inspector, was adopted by unanimous vote. (b) Announced the appointment, of Arthur F. Wright as Building Inspector (including Electrical and Plumbing Inspections) , and recommended a salary of $250 per month plus a monthly car al- lowance of t25 . for the position, effective as of October 1, 1944. On motion by Councilman Turonnet, seconded by Councilman Allen, Resolution No. 1525 of the City Council, 'approving a salary of $250 per month plus a monthly car allowance of $25 to Arthur F. -Wright as said Building Inspector, effective as of October 1, 1944, was adopted by the following vote, to wit: Ayes : Counc;-lmeh Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: Ncne (c ) " - Announced the appointment of Perle M., Swart, (now Assistant Director of Public Works) as Deputy Building Inspector (including Electrical and Plumbing Inspections,) , without ohange in salary, effective as of October 1, 1944. On motion by Councilman Allen, seconded by Councilman Nichols, Resolution No. 1526 of the City Council, approving said appointment, was adopted by the Follow- ing vote, to .wit,: 336 Ayes: Councilmen Nichols, Adams, McCann; Hyde, , Allen, Turonnet and Mayor Therieau Noes: None Absent: None (d) Announced the employment of Bars. Bertha Carter as Waste Disposal Clerk and recommended for the position a salary of $160., effective as of September 11, 1944. On motion by Council- man Nichols, seconded by Councilman Hyde, Resolution No. -1527 of the City Council, approving payment of 4 salary of $160 per month to Waste7Disposai Clerk Mrs. Bertha Carter, effective as of September 11, 1944, was adopted by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: Noneh Absent: None , (e) Offered his report on the City's financial condition, comr bined with estimate ,of income and expenses and allocations for 1944-45, which had preziously been considered and discussed by him with the Finance Committee and the Mayor. On motion by Coun- cilman Allen, seconded by Councilman Hyde , Resolution- No. 1528 of the City ,Council; approving said report and estimate, and or- dering same filed with the City Clerk, was adopted by unanimous vote. (f) And as part of said ,report and estimate, recommended salary adjustments, as follows : , (1) Fire Department: That effective October 1, 1944, one senior fireman receive a salary of $210 per month; one fireman a salary of $195 per month; and volunteer firemen receive, in addition to their, present payment of $12 per annum each, a payment of $1.50 per call answered and signed for in the Fire Chief 's Register of Attendance. On moti n by Councilman McCann, seconded by Councilman Hyde, Resolution No. 1529 of - the City Council, approving payment of fire department salaries as recommended was adopted b� the following vote, to wit: Ayes: . Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: . None Absent: None. (2) Police Department: That effective as of October 1, 1944, women desk clerks receive payment of salary on the following seniority basics For the first six months of employment a salary of 0,150.00 er month ; for the second six months of employment a;- salary of 160 per month; and thereafter $170 per month. On motion by Councilman Allen, seconded by Councilman Nichols, Resolution No. 1530 of the City Council, approving payment -of police depart- ment women desk clerks ' salaries as recommended, was adopted by the following vote, to wit: Ayes: Councilmen Nichols, Adams, McCann, Hyde, ,. Allen, Turonnei and Mayor Therieau ;Noes: None Absent: None (3) , Effective as of October 1, 1944,_ ,a salary of $160 per month to' the City Attorney; and on'motion by Councilman Nichols, seconded by Councilman McCann, Resolution No. 1531 of the City Council, , approving a salary of $160 per month to City Attorney Roy N. Colegate, effective October 1, 1944, 'was adopted by the followinI- vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: None 337 (4) Effective as of October 1, 19440 a salary of "$275 per month to the City Clerk;" and on motion by Councilman Turonnet seconded by Councilman Nichols, Resolution No. 1532 of the City Council, approving a salary of $275 per month to City Clerk Louise McCann, effective October 1, 1944, was adopted by the following vote, to wit: Ayes: Councilmen Nichols,-. Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None " (5) Effective as of October 1, 1944, a salary of $235 per month, with a continuance of his presently approved monthly car allowance of -$10.,- to the Foreman of the Department of Public Works (who is ' also a Deputy Building Inspector) ; and on motion by Councilman' McCann, seconded by Councilman Hyde, Resolution No . 1535 of the City Council, approving a salary of $235 per month, with a continuance of his present $10 monthly car allowance, to Floyd Wood, Foreman in the Department of Public Works (and Deputy Building Inspector) , effective October 1, 1944, was adopted by the following vote, to wit: Ayes : Councilmen Nichols , Adams, I4cCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: None (g) Read a letter from our Auditor Mr. Harry E. Bonnell, ad- dressed to the Council under date September 5, 1944, presenting an analysis of the City Manager's financial statement and esti- mates for 1944-45, previously presented, and suggesting the establishment of reserve funds for use in post-war planning. (h). Also read a letter over the signature of E. George Lucky, Chairman, by Senator Ralph E. Swing of San Bernardino, as a member of the subcommittee of the State Committee on Post War Construction (State Senate) , inviting attendance at a hearing to be opened in the Riverside County Courthouse at 10:00 a. m. Wednesday, October 11, 1944, for the purpose of determining upon public works projects to be applied for pursuant -to State Senate Resolution No. 125 (under which said committee was created) . Here followed considerable discussion as to the City's most urgent needs by way of post-war projects. Reference was made to the City's urgent need for a city hall to house all depart- ments in one building; also the City's need for an equipment shed to take care of city equipment; and also to the growing need for sewers and street improvements. Councilman Turonnet offered a motion, seconded by Councilman Adams, that 43500 be appropriated for plans and $1500 for a site for a new city hall as a post-war project to be applied for under the Stgte 's matching funds offer. Further discussion developed that the majority of t'7"e Council was of the opinion that appropriation at this time is premature; that, as the Mayor urged, every member should make a careful study of the City 's needs and present his suggestions to and discuss them with the City Manager, since the time limit on any application to the State for matching funds runs until some time in December 1945. As for the hearing in the Riverside County Courthouse October 11, the Mayor suggested that the matter of attendance be left for decisionin the next meeting of the Council, October 4. Mr. Robert Ransom, present in chambers, informed the Council of a plan about to be made known to the public : for a Civic Center here of such magnitude that the increaeg. in-taxab$® income on such a highly improved property would so inerease ' the City's income from property taxes that the City Could well afford to take space in the Center for City buildings. The City Manager resumed and: I (i) Recommended careful study by the Council of the whole situa- tion before deciding upon and appropriating funds for anyone post- war project in order that any decision will reflect an agreement between the Council upon the project selected as the one definitely most needed at the time the appropriation is made ., Councilman Turonnet 's motion failed by the following vote, to wit: Ayes: Councilmen Adams and Turonnet Noes: Councilmen Nichols, McCann, Hyde, Allen and Mayor Therieau Absent:, None ( j ) Recommended authority to advertise for bids on a mechanical street sweeper as per his recent request therefor presented to the Finance Committee, stating that the device would 'lave a service life of ten to fifteen years and would involve an investment of something under $5000.00. On motion by Councilman Nichols, .seConded by Coun- cilman Adams,, Resolution No. 1534 of the City Council, approving advertisment for -bids on a mechanical street sweeper at a cost not to exceed $5000.00, and pursuant to specifications therefor prepared by the City Manager, was adopted by the following vote, to wit, . Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau• Noes : None Absent: None (k) Recommended granting the requests of Mr. Cecil Isenagle, Taanager, Tanner Motor Livery, for: (1) lengthening of the hours of operation of the Citizens Bus Line, so as to accomodate the' many requests he had received therefor: to, be from 7:00 a. m. to gt00 p. m. And on motion by Councilman luronnet, seconded by Couj�cilman Allen, Resolu- tion No. 1535 of the City Council, approving the h:nirs of operation of the Citizens Bus Line as from 7:00 a. m. to 8:00 p, m. , was adopted by unanimous vote .' ' And (2) A discontinuance of the present taxicab stand in front of the Royal !alms Annex on North Palm Canyon Drive and thatithe present bus stop in front of the Carnell Building to made available on a 24-hour basis as a -combined bus stop and taxicab stand zone: The City Manager recommended this dual use as a saving in parking space for other purposes . The matter was discussed between the members of the Public Safety Committee - with the result that the Chairman. recommended the requested changes and on motion by Councilman Nichols, ' seconded by Councilman Allen, Resolution No. 1536 of the City Council approving elimination of the taxicab stand ;one in front of the Royal Palms Annex on North Palm Canyon Drive, and approving dual use of the presently established bus stop zone in front of the Carnel'l Building = as a bus stop and taxicab zone on a 24-hour basis, was adopted by unanimous vote. (1) Announced the discontinuance of ten of the twelve telephones now installed in the Control Center for Civilian Defense and Disaster Plan use owing to the fact that the State War Council had notified the City :that as of November 10 1944 the State is discontinuing contribution toward the expense of' suchtelep'^ones since such an elaborate, system of telephones is no longer necessary due to ' the development of "area Damage" reporting; further that the local tele- phone company is in dire need of these ten instruments to fill priority orders and that he has been guaranteed that in the event of any disaster or any proportions beyond that which could be met w.I.th our, presently installed -telephone -systems,- the company could install ten obsolete instruments in the place of 'dose now being removed within a very few minutes. On motion by Councilman Nichols, seconded by Councilman Adams, Resolution No. 1537 of the City Council, approving such action by the City Manager was adopted by unanimous vote. 339 (m) Reported the protest filed with the State Board of Equalization by the Chief of Police against transfer or issuance of any license for sale of distilled spirits to Francis Murray (for use in the present location of the Old Vienna Cafe, 190 West Amado Road) from the Oasis Hotel Corporation. And presented the protest to the Council for ratification and approval or such other action •as might be taken. The City Attorney informed the Council that the property in, question - is in a_ land-use zone in whichthe sale of distilled spirits is prohibited under the .Land Use Ordinance. On ihotion by Councilman Allen, seconded by Councilman Nichols, Resolution No. 1538 of the City Council,, ratifying and confirming 1 the action of the Chief of Police in filing, said protest with the State Board of Equalization, was adopted by unanimous vote. (n) Requested from ,the. City Attorney a statement as to whether in his opinion the Council should take action with regard to appropriation of moneys for use in behalf of the Welwood Murray Memorial Library. The City Attorney explained that under the state law there is presently 3 mills of our tax levy-roughly speaking $2500., allocated for library purposes ; that being an autonomous body the library board is authorized ,to make expendi- tures from that �2500.00; that in every estimation of funds necessary to carry over the fiscal year a certain amount is in- cluded for maintenance and operation of the library, as was done in the estimate for 1944-45; that the moneys are then transferred to the library fund from the general fund and approved by the Council from time to time, as 16,done with other transfers of funds - it being a matter for the 'Council to decide as to how much over the 42500 accumulated through the 3-mills levy is to be contributed toward library maintenance and operation. (o) Recommended that theten per cent. penalty now attached to business license fees paid on or after August 1 of any year be abandoned as to new businesses established after that date, - on the, ground that the small amount of increased income does not compensate for .the loss in good will of such new business opera- tors.' After some discussion the matter .was referred to the Fi- ass�ce Committee for study and report at the next meeting of the Council. . (p) Reported on the Citrus Belt Division of the League of California Cities meeting in San Bernardino, attended by the City Attorney, Councilman -Allen and himself - the principal speaker having for his subject post war planning for cities. (q) Reported the result of his recent visit to the office of the State Highway Engineer, Division of Highways, San Bernardino, in company with the Assistant Director of Public Works, as follows: (1) re bTutascio property curbs and gutters; That permit for phis installation- will be for hcom ng at an early date; (2) re Los Compadres Parade for Sunda , October 8 1944: o e�ninF o es ern ee a perm w e for hcom ne wit�i I a fewdays; (3) re , Removal of dirt Hi hwa ]11, on petition of Arab Tract rest ants endorse ,y C_t� ounci : that work would a com- menced at ones. -_ And reported that he had offered the Highway Divis'on any and all possible coc:peration at the City 's disposal. (4) Read the Cit Attorne 's o anion that' the City was not per- Fitted under the law to contra ute city moneys toward a private project - such as that named in the other Petition to t_h- Council by Araby Tract residents, for removal of growth (of brush etc. ) presently existing in the Araby Wash. (5) re Installation of a directional si n at the intersection of I g way 11 and South Perm anyon, indicating the direction to "Cathedral City, " this being a matter about which residents of the south end of the city had complained, -- that the sign would be installed within a very short time. (6) re Correction of the highway at Windy Point: That, although th s is outside the city limits, he had discussed the matter 340, with the State Highway Engineers, and had been informed that with the aid of the combined efforts of the Riverside County Surveyor, the District Highway Engineer and- the local branch of the State Chamber of Commerce-Highway Divi- sion, it now appears that such work as, will remove the existing hazard is about to re commenced, the balance of the project being set -up as a post-war installation. Committee re;pnrts as follows were presented: INDIAN LANDS etc., -- .re negotiations for location of recreational facilities on Indian lands adjacent to the Golf 'Driving Range : 495 feet on Indian Avenue, 528 feet deep, at a *,round rental for one year of �150 per annum per each of three 2-acre parcels, a total of $450 per annum plus $18 per annum for irrigation 'water rights, and with an option for renev!al. After discussion the Mayor announced that the matter would be referred to the Planning Commission for report and recommendation in the next council meeting. COMMITTEE-of-the-Whole, -r re acquisition of Field Club' stock and property. The Mayor read the terms of the offer submitted by the Field Club officers, embodied in a resolution adopted by the club 's board of directors, now on file with the City Clerk, and with which the members of the Council are familiar. Councilmen, Hyde and ,McCann expressed themselves as bein. in favor of the purchase and of the opinion that citizens' with whom they had discussed the matter were mostly in favor of the proposition. Councilmen Adams, and Turonnet expressed themselves as definitely opposed, on the ground that the City 's finances as estimated for the ensuing fiscal year 'do not warrant such an investment and that there are other - essential - needs which should come first, such as a city hall, sewers and street improvements . ' They also 'have interviewed a number of 'citizens who are opposed' to the proposition. Councilman Nichols' objected on the ground that there should first be a careful study of the city 's recreational and park program and if such a program shows the need of the property then proceed with the purchase on its merits; further that he doubted the legality of, the, pureh ase as proposed. Councilman Allen expressed himself as in favor of the proposition but stated that he preferred any decision to be by unanimous vote of the Council. In this statement regarding the unanimous vote other members of the Council concurred. Mayor Therieau expressed the view that the matter should be settled one way or the other without further delay, stating that he is definitely opposed to further leasing of .the property; that ours is a city dependent upon taurist trade and that recreational and park facilities such as could be developed at the Field Club are most important. Mr. Robert Ransom and Mr. John R. E. Chaffey, present in Chambers, both expressed themselves as in favor of, the City's acquiring the property, taking much the same view as did the Mayor as' to the property's importance in any recreational or park program for a city such as ' Palm Springs. On motion by Councilman Turonnet, seconded by Councilman McCann, Resolution No. 1539 of the City Council, referring the matter of acquisition of the Field' Club stock and property to the Planning Commission for report and recommendation to the next meeting of the Council, and directing the City Clerk to furnish' the Commission. with a copy of the Field Club directors ' resolution embodying the terms of the offer to sell, was adopted by the following vote, 'to wit:, Ayes : Councilmen' Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mnyor' Therieau Noes: None Absent: None 341 FINANCE Committee: re Indio Gas Company business license to operate a butane truck in Palm Springs. The Chairman reported that, while the Committee regretted being obliged to deny the Company's request for a deviation from the regular fee of $48., to do &tjaorwise might establish a dangerous precedent in deal- ing with other applicants for out-of-town truck licenses. The City Clerk was instructed to so notify the manager of the Company. PUBLIC SAFETY, Committee: re Application of Don Carlos Fostor for nightly dancing in his cafe. Recommended payment of the annual fee of one hundred ten percent. (due after August 1, 1944) and the further provision that applicants permit be rescinded at any time alcoholic beverages, are served on the premises . On motion by Councilman Allen, seconded by Councilman Turonnet, Resolution No. 1540 of the City Council, approving issuance of permit and license on the terms recommended by the Committee, and instructing the City Clerk to so notify applicant, was adopted by the fol- lowing vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: None UNFINISHED_BUSINESS: See Reports. NEW BUSINESS: A register of demands was presented, examined and approved by the Finance Committee, and on motion by Councilman Allen, seconded by Councilman Hyde, claims and demands n-1mbered PR-857 and PR-858 and 5452 through 5456 were approved and ordered paid by warrants drawn on the City Treasurer, by the following vote, to wit: Ayes; Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes- None Absent: None Here the City Manager requested special ratification of his action in approving the refund;to -Mr: C. Stahlman-of the $500 which he had deposited as indemnity against damage to city streets by reason of his installation of theGorham-Hardy sewer line on Belardo Road; stating that the street had now been completely cleared and Mr. Stahlman had paid the City for his use of city equipment and operators in restoring the street. And on motion by Councilman Hyde, seconded by Councilman McCann, Resolution No. - 1541 of the City Council, ratify- ing and confirming the action of the City Manager in approving said refund, to Mr. C. Stahlman, ,was adopted by the following vote, to wit: Ayes: Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent None The City Clerk's Certificate No, ll, covering thefbllowing fund transfers :' To the Payroll Fund - from the General Fund, $84., and from the 'Haste DisposaL Fund, 0 0. , a total of $154. ; and to the Library Fund from the General Fund, $1000.00, was presented, examined and approved by the Finance Committee and on motion by Councilman Allen, seconded by Councilman Turonnet, approved and ordered cer.ti- fiediby the City Clerk to the City Treasurer,- by the following vote, (be wit: Ayes ; Councilman Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent : None There being no further business, on motion by Councilman Turonnet, seconded by Councilman Adams, and unanimously carried, the meeting adjourned. �p - Lk°City Cler 342 MINUTES OF A REGULAR 1,TEETING OF 1'Ii;; CITY COUNCIL OF THE CITY OF PALM SPRINGS Field October 4, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers, known as No. 810 North Palm Canyon Drive in said city, on Wednesday, October 4, 1944, at 7:30 o'clock p. m. , the said day being the first Wednesday of 'said month of October. The meeting was called to order by Mayor Therieau who presided. Roll Call: Present: Councilman C . P. Adams Councilman Maurice McCann Councilman C. A. Hyde Councilman Walter Z. Allen Councilman Armand V. Turonnet Mayor Eugene E. Therieau City Manager R. M. Sorum City Attorney Roy W. Colegate City Clerk Louise McCarn Absent: Councilman Culver Nichols Draft of the minutes of the meeting of September 20, 1944, having been previously distributed among the Council, was presented,' approved and ordered copied in the Minute Book. COMMUNICATIONS The following notices were read, from the State Board of Equali- zation concerning applications for: 1. Transfer of off-sale beer-and-wine and distilled spirits li- censes from Berna C. I,Zartin dba Desert Drug Co. to Jack Las- ley and Harry Brott dba Desert Drug Company. No ,action. 20 -- On-sale beer license by Sammy Brlones dba Kamoa House,- 796 North Palm Canyon Drive. Discussion indicated that the property on which these premises are ,located carries deed restrictions against the sale of alcoholic beverages; how- ever, the enforcement' of deed restrictions is outside the province of the Council and since, the Mayor informed the Council, there are but three grounds on which a protest is - admissible: 1 - too near a church or school; 2 - character, of the individual-making application; and 3 - a police problem arising from operation under such a license, the City is without grounds to properly protest, there would be no point in entering a protest. Notwithstanding, Coun- cilman Adams offered a motion, seconded by Councilman Turonnet, that, as a matter of adherance to the established policy of being opposed to additional licenses for the sale of alcoholic beverages within the city, the issuance 'of ' --- such license be protested. The motion failed, by the follow- ing vote, to wit: Ayes : Councilmen Adams and 'Turonnet Noes: Councilmen McCann, Hyde, Allen and Mayor Therieau Absent: Councilman Nichols 3. On sale distilled spirits licenses to the Desert Inn, Inc ., for (a) Desert Inn; and (b) Village Coffee Shop., No action. Applications were read for dancing; as 'follows : 343 1. For two Los Compadres dances in connection with "Western Week": (a) Tuesday night October 10, 1944, at Rogers Stables; and (b) Friday night October 13, 1944, in the Plaza street. Mr. H. C. Moseley, present in chambers, addressed the Council in behalf of Los Compadres and said no admission would be charged for the Plaza dancing; however, that they planned to charge 65X per ticket for admission at the Rogers Stables dance - to ,raise funds to defray the expenses incurred in connection with the Western Week program, such as insurance, printing etc., and that any money collected in excess of the amount required for expenses would be used for improving the riding trails used by Los Compadres and the Desert Riders. On motion by Councilman Adams, seconded by Councilman Allen, Resolution No. 1542 of the City Council, granting; the permits for the Los Compadres dances, application fees waived, sub- ject however, to the City Manager first having the premises inspected for safety and for compliance with other control- ling regulation and then giving his approval of the dancing, the City Clerk to so notify the applicant, was adopted by the following vote, to wit: Ayee: Councilmen Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None - Absent: Councilman Nichols 2. Renewal, of nightly dancing; on an annual basis in the Hotel del Tahquitz Dude Room - by -Mrs. Wilberta Lipps, Owner-Manager. On motion by Councilman McCann, seconded by Councilman Hyde, Resolution No. 1543 of the City Council, grantinz permission for such dancing, subject, however, to the City Manager first having the premises inspected for safety and for compliance with other controlling regulation, and then giving his approval of the dancing., the City Clerk to so notify the applicant, was adopted by the following vote, to wit: Ayes: Councilmen Adams, McCann, Hyde, Allen, Turonnet and .Mayor Therieau Noes : None Absent: Councilman Nichols 3. Renewal of dancing in the Desert Inn: under an annual permit, the dances to be given at intervals on specified dates, in keeping with the established custom for dancing in the Inn. Said application was accompanied by the application fee of 05.00- and -a deposit inadvance on account of the dances. On motion by Councilman Turonnet, seconded by Councilman Allen, Resolution No. 1544 of the City Council, granting permission for such dancing, subject, however, to the City Manager first having the premises inspected for safety and for compliance with other control].inp r. eggizlation, and then giving his approval of the dancing, the .City Clerk to so notify applicant was adopted by the following vote, to wit: Ayes: Councilmen Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: Councilman Nichols The City Clerk presented a memorandum noncerning Don Carlos Fostor dba Twin Palms (formerly Tahquitz Creek Cafe) : that despite his violation of the health, fire and building code regulations pre- requisite to dancing or serving of food, and his further failure to have paid his annual fee of $165. for dancing under the terms of the ►44 permit recently granted, Fostor had proceeded with dancing in his cafe Tuesday, October 3, 1944. After some discussion this matter was turned over to the City Manager, he to have. the Foster premises again inspected and to inform Fostor that he cannot operate his place of business until notified that tbe 'City Manager has approved such operation; and that ohly after such approval can he be licensed for dancing. Fostor, present in chambers, was notified to call upon. the City Manager before proceeding further. A letter was read from J. S. Rowley of the Automatic Service Company (Weighing Machines) requesting a modification of the business li- cense ordinance as to weighing machines., The City Clerk had writ- ten Mr. Rowley that his request would be presented although it was doubtful , if the request would be considered by the Council. 1 The Chairman of the Finance Committee stated that his committee,had decided that any such modification of the business license ordinance was inadvisable, and the City Clerk was instructed to so notify Mr. Rowley. REPORTS: The City Manager presented, his report and recommendations, as follows: 1. Recommended renewal of! the contract with Mr. Harry Bonnell and Associates for audit service over the current fiscal year, pur- suant to Mr. Bonnell 's offer of renewal under the same terms as employment for 1943-44, to wit: $450 per annum, payable in two installments of $225.00 each upon filing of each semi-annual audit report, with additional compensation in the event of extraordinary services being required, such compensation to be fixed at time any such services are engaged. On motion by Councilman Hyde, seconded by Councilman Allen, Reso- lution No. 1545 of the City Council, approving renewal of the contract with Mr. Bonnell 's firm on the terms offered for the fiscal year 144-45, was adopted by the following vote, to wit: Ayes : Councilmen Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent : Councilman Nichols 2. Recommended a request to the Planning Commission for a study of Ordinance No. 39 (regulating subdivision of land within the city) , with recommendations as to revision thereof in such a manner that all utilities installed in subdivisions will be required to be placed underground. On motion by Councilman Turonnet, seconded by Councilman MCCann, Resolution No. 1546 of the City Council, referring said recom- mendaticn to the Planning Commission for study and report to the Council with recommendations as to the, requested revision of Ordi- nance No. '39, was adopted by unanimous vote . 3. In line with his comment in connection with the issuance of dance permits, recommended that the City Attorney look into the matter of so revising the present business license, ordinance as to incorporate therein a prerequisite to issuance of a business license that the premises where the business is to be located be first inspected by the building department and approved by the City Manager - such a requirement to particularly apply to the issuance of dance permits and licenses. - After some discussion the Mayor stated that the matter should be left with the City Manager, to work out with the advice of the City Attorney. The expressed view of the council was that the City Manager should in any event have such inspections.-.made and approve or disapprove the premises before bus'.tness licenses were issued, and also before dance permits were granted, 345 City Planning Commission report and recommendations as follows: - With-regard to applications hereinafter -mentioned, that the Commission - had determined and recommended as follows: (a) Application of Wayne Stringer for renewal of plumbing license, 410 North Indian Avenue, after a lapse exceeding one and one- half years : That the conduct of an office for applicant 's plumbing business, without any workshop or storage of materials, and without any 1 manufacturing or causing of loud or unusual noises, at this lo- cation would be no more obnoxious nor detrimental than the land uses specifically set forth in Ordinance No. 75 as being allowed in District C-2. On motion by Councilman Adams, seconded by Councilman Hyde, Reso- lution No. 1547 of the City Council, approving the conduct of Mr. Stringer 's business as recommended by the Planning Commission, subject to the City Manager 's approval after inspection of the premises, the City Clerk to so notify applicant, was adopted by the following vote, to wit: Ayes : Councilmen Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilman Nichols (b) Application of R. Dunlap, Agent for Greyhound Bus Lines, to install a bus depot at the northwest corner of Indian Avenue and AndreasRoad: That the conduct of the bus depot at said location and use of the premisesfor that purpose would constitute a business of the same class as those specifically enumerated in Section 12 of Ordinance No. 75 as being proper in Zone or District C-2, and no more obnoxious nor detrimental than the land uses specifically set forth in said section. On motion by Councilman Allen, seconded by Councilman Hyde, Resolu- tion No. 1546 of the City Council, approving the establishment of said bus depot as recommended by the Planning Commission, sub- ject to the City Manager's approval after inspection of the premises, the City Clerk to so notify applicant, was adopted by the following vote, to wit: Ayes : Councilmen Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent : Councilman Nichols (c ) Application of Mr. Charles Adams to locate a hardwood flooring contracting business at 256 South Indian Avenue That the conduct of applicant 's office at said location, with- out any manufacturing or storage of equipment out-of-doors, would be no more obnoxious nor detrimental than the land-uses specifi- cally set forth in Ordinance No. 75 as permitted in District C-2. On motion by Councilman Hyde, seconded by Councilman Turonnet, Resolution No. 1549 of the City Council, approving the conduct of applicant Adams ' business at said location as recommended by the Planning Commission, subject to the City Manager's ap- proval after inspection of the premises, the City Clerk to so notify applicant was adopted by the :following vote, to wit : Ayes : Councilmen Adams, McCann,- Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilman ,Nichols 346 (d) Location of recreational facilities on Indian Lands: a That this parcel of land be not acquired or rented for the n , reason that other-recreational properties are under consideration. d This matter was discussed in connection with the next item on the agenda. (e) Acquisition of the Palm Springs Field Club stock and property. As the result of a ,free and informal discussion of the Field Club matter between the members of the Council, the members of the Planning Commission and representatives of the Field Club corporation, just prior to the council meeting, the Mayor announced that the matter was now in the hands of ,the City Attorney, with a view to placing the questif4n of acquisition before the city 's voters - if possible at the tame time the general election of November 7, 1944, is held. The City At- torney after consulting, the County Board of Supervisors will inform the Council how the voting is to be handled. ! Some further discussion indicated the unanimous view of the Council seemed to agree with that expressed by members of the Planning Com�jission and also by Field Club stockholders: that the matter should be placed in the hands of the voters of the city. Mr. Thomas: Lapps, present in chambers, addressed the Council on the subject of the Field Club acquisition, stating that he regretted his absence from the informal meeting :this afternoon on such an important matter; that he wanted the Council to hnow that he was very much in favor of the proposition; how- ever that he was also agreeablF to submitting the matter, to the voters.! On motion by Councilman Adams, seconded by Councilman Turonnet, Resol>>.tion No. 15,5C# requesting the City Attorney to consult with the Riverside County Board of Supervisors as to placing the proposition of acquisition by the City of the Palm Springs Field Club property and stock before the City's voters, and to advisewith ' the Council thereafter as to procedure was adorned by unanimous vote. On motion by Councilman Turonnet, seconded by Councilman Allen, Resolution No. 1551 of the City Council, returning to the Plan- ning Commission the matter of leasing Indian Lands for 'recrea- tional purposes, for further study and recommendation in the light of the decision on the Field Club matter; was adopted by unanimous vote. The following reports were presented, examined and filed with the City Clerk: For September - City Treasurer, Police Department; City Clerk's Fund Statement as of, October 1, 1944; Swimming Pool Report for the summer; Field Club expense (exclusive of rental) as of October, 4, 1944. Chairman Allen, of the ,Finance Committee, reported that his committee was opposed to abandoning the ten per cent. penalty presently attaching; to business licenses issued after July 31 of any year ; that, while the requirement might seem unfair to some new businesses, it did operate to the City's benefit in regulating business operators generally. Chairman Turonnet, of the Health and Sanitation Committee, reported that while , the, committee had profited by its meeting with the County Health Officer as to food 'handlers ' examinations now required under Ordinance No. 29 (Health Code) , the matter was still in committee for further study and recommendation in the next meeting. UNFINISHED_ BUSINESS: , Attendance at the League of California Cities one-day conference in Los Angeles, Friday October 13, 1944 - the City Manager is to attend, with expenses paid. The Major, Councilmen Turonnet and Allen and possibly the City Attorney will attend; the City Clerk to make reserva-• tiors Vith the League for those named . 347- Attendance at the hearing in the Riverside County Courthouse October 11, 1944, commending at 10:00 o 'clock a. m. , on Post War Construction Projects pursuant to State Senate Resolution No. 125 -- this matter was left to the members of the Council to decide for themselves ; the City Manager is to attend, with expenses paid. NEW BUSINESS: A register of demands was presented, examined and approved by the Finance Committee and, on motion by Councilman Allen, seconded by Councilman Adams, claims and demands numbered PR-869 through PR-913 and 5437 through 5502 were approved and ordered paid by warrants drawn on, the City Treasurer, by the following vote, to wit: Ayes : Councilmen Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilman Nichols The City Clerk's Certificate No. 12, covering tk,,e following fund transfers : To the Payroll Fund - from the General Fund, $4608.33, from the Street Fund, �614.42 and from the Waste Disposal Fund $1110.00 - a total of 66332.75, was presented, approved by the Finance Commit-tee and on motion by Councilman Allen, seconded b7,* Councilman Hyde, approved and ordered certified by the City Clerk to the City Treasurer, by the following vote, to wit: Ayes : Councilmen Adams, McCann, Hyde, Allen, Turonnet and P.2a,yor Therieau Noes : None Absent: Councilman Nichols There, being no further business, on motion by Councilman ?:?cCann, seconded by Councilman Adams, and unanimously carried, the meeting adjourned to Wednesday, October 11, 1944, at 7�• o 'clock p, m. MINUTES OF AN ADJOURNED MEETING OF THE CITY COTINCTL OF THE CITY OF PALM SPRINGS Held Wednewday, October 11, 1944 _The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No. 810 North Palm Canyon Drive in said city on Wednesday, October 11, 1944, at 7030 O 'clock p, m., pursuant to adjournment of the meeting held October 4, 1944. The meetlnlg was called to order by Mayor Therieau, who presided. Roll Call: Present: Councilman idaurice McCann Councilman C. A. Hyde Councilman W. Z. Allen Councilman Armand V. Turonnet - Mayor Eugene E. Therieau City Manager R. M. Sorum City Attorney Roy W. Colegate City Clerk Louise McCarn Absent: Councilman Culver Nichols Councilman C. P. Adams 1 Draft of the minutes of the meeting held October 4, 1944, having been previously distributed among the Council, was presented, approved and ordered copied in the Minute Book. COM1JUNICATIONS: ,Mr. Veith, Representative of the local Indian Agency, present in chambers, addressed the Council concerning two applications for per- mission to conduct businesses on Indian Lands, as follows: (a) re Mr. Robert Bennett 's application to operate a burro train on the northeast quarter of Section 22: Palm Canyon Drive at Ramon Road - for scenic tours into Tahquitz, Andreas or Palm Canyons. 348 He stated that the Tribe is approving an operation in Palm Canyon of similar trips by a "Buffalo Bill" organization, with a covered wagon and burros, to be stationed on the bench at the entrance to Palm Canyon (outside city limits) and is also approvingthe use of the land at Palm Canyon Drive and Ramon Road by Mr. Bennett. Ir4r. Bennett, also present in chambers, described his proposed opera- tions and the possibility of other trips to Inspiration Point on the Skyline Trail (outside the city linits) . He stated that he _ would prefer to stable his burros on Section22„hecars6 of the ex- pense in boarding them at an established stable, (b) re locating the Greyhound Bus Depot on Indian Lands - approved by the Tribe for use of a lot100 x 100 feet due north of the Indian Store (on Indian Avenue), with a 15-foot driveway between the pro- posed building and the Indian Store, in order to provide ingress and egress . Iie stated that the Tribe had approved granting of a 1-to-5-year revocable permit with an option for ''renewal - all sub- ject to the approval of the City Council and City Planning Commission. Mr. Dunlap', Agent for the Greyhound Bus lines, also present in chambers, exhibited to the Council a sketch of his proposed building. The Mayor informed the applicants that these matters would be referred to the City Planning Commission for recommendation and report to the City Council, and suggosted that Messrs . Bennett and Dunlap appear be- fore the Planning Commission meeting on October 17, 1944 with their plans in detail. Application was read for renewal of annual dance permit - by Rogers Ranch, Inc . , for dances to be given on specified dates. ' On motion by Councilman- Hyde, seconded by Councilman McCann, Resolution No. 1552 of the City Council, , grgnting said permit, subject to the City Tilanagerts approval first being had as to conformance with existing pre- requisite regulation, the City Clerk to so notify applicant, was adopted by the following vote, to wit: Ayes : Councilmen McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: Councilmen Nichols and Adams The following notices were read from the State Board, of 'Equal.ization, for applications: (1) To transfer licenses from Dan Platkin to Esther' Goldberg dba El Morocco, Hotel for: (a) on-sale distilled spirits, quarterly (seasonal) ; and (b) on-sale beer-and-wine (2) For-quarterly '(seasonal) on-sale distilled spirits :Licenses to: (a) Rogers Stables Incorporated dba Rogers Stables ; and (b) Bela Foldesy, Adm. , estate of George Foldesy dba Palm Springs Hotel REPORTS: The Fire Department report for July-September inel„ was presented, examined and filed with' t he City Clerk. UNFINISHED BUSINESS: Mr. H. C . Moseley, present in chambers, here addressed the Council re- I garding a change in the Los Compadres program for "Western Week; " say- ing that the dance program in the Plaza had been abandoned -- instead, that he was now seeking permission to have a Mexican band play at inter- vals up-and-down the streets Thursday and Friday evenings, October 12 and 13 'and 'also to have music at the Kangaroo Court which would probably beheld in 'the Desert Inn Garage entrance. After some discussion, on motion by Councilman McCann,, seconded by Councilman Turonnet,, Resolution No. 1553 of the City Council, granting permission for the band music as requested, the entire program to be conducted pursuant, to the City Mans•- . ger 's approval and requirement for compliance with regulation imposed under his direction,' was adopted by the following vote, to wit: 349 Ayes: Councilmen McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: Councilmen Nichols and 'Adams The. City Manager here named some of the requirements in connection with the Los Compadres program: The musicians must keep to the _sidewalks; a police officer must be on duty while the band is on the streets ; and the crowds must not at any time block the entrance to any place ofbusiness. - Mr. Moseley indicated his understanding of, and willingness to _see that there is conformance with, said requirements. Here the City Attorney informed the Council as to the procedure attendant upon the special election on the proposition of acquisi- tion of the stock and property of the Palm Springs Field Club: 1. That , since the matter is to be decided by a vote of the people, the first step is the Council 's consideration of the Clubs offer of a renewal of the recently terminated lease for five months : July-November, 1944, inclusive, at the same rate recited in the former lease, together with an option to purchase. He read in full the resolution adopted by the Board of Direc- tors of the Club in its meeting of October 11, 1944, reciting in detail the terns of said offer of lease and option to purchase. And on motion by Councilman Allen, seconded by Councilman Hyde, Resolution No. 1554 of the City Council, authorizing and directing the Mayor and City Clerk, on behalf of the City of Palm Springs, to execute said lease and option to purchase from the Palm Springs Field Club, on the terms recited in said resolution by the Club 's Board of Directors, was adopted by the following vote, to wit: Ayes : Councilmen McCann, Hyde, Allen, Turonnet and Mayor Theriesu Noes ; None Absent Councilmen Nichols and Adams 2. Stated that, pursuant to instruction by the Council (under Resolution No . 1550 adopted by unanimous vote in the meeting of October 4, 1944) , he had conferred with the County Counsel and the County Clerk with regard to placing the proposition of acquisition of the Field Club stock and property before the City' s voters and had been informed that it is too late to include the proposition on the ballot for the General Election, November 7, 1944; however, that a special election = may be held Tuesday, November 14, 1944; and thereupon read a form of resolution providing for calling such special election on November 14, 1944. Councilman Turonnet objected to the fixing of the date for the special election in the absence of Councilmen Nichols and Adams from this meeting and on the further ground that the date should not be fixed until the Council can meet as a committee- of-the-whole and further consider and decide upon ways and means of financing the transaction - in the event of purchase, and offered a motion to that effect. The motion failed for want of a second. The Mayor stated that the decision to place the proposition before the voters had been made by unanimous vote of the Council (pursuant to said Resolution No. 1550); that those members now absent had been given ample notice that the matter of providing for the calling of the special election was to be the primary purpose of this meeting. After some further discussion, on motion by Councilman McCann, seconded by Councilman Allen, Resolution No. 1555 of the City Council (in the form read in full by the City Attorney) , calling the special election on November 14, 1944, was adooted by the following vote, to wit: 350 Ayes: Councilmen McCann; Hyde, Allen and Mayor Therieau Noes: Councilman Turonnet Absent, Councilmen ,Nichols and Adams Mr. Harold Murphy, present in chambers, addressed the Council with a 'request for such a change in the present business license ordi- nance as would remove the present ten per cent.- penalty as to his additional installations of coin-operated machines now contemplated in- connection with his current business license covering such opera- tions. He was informed that an amendatory ordinance is now under consideration by the Council, the passage of which ordinance would correct the present condition., hereupon Councilman Allen, intro- duced anCordinance entitled "An Ordinance of the City of Palm Springs Amending Section K of Ordinance No. 119, " which was read in full for the first time and filed with the City Clerk for further action. Chairman Turonnet, Health and Sanitation Committee, stated that his committee was not prepared to report on the matter of' food handlerst, examinations until a later meeting. NEW BUSINESS: .On.-motion by Councilman Turonnet, seconded by Councilman Hyde, Resolution No. 1556 of the City Council, instructing the City Clerk to .tender to Assemblyman Dilworth a vote of thanks on behalf of the Council and our citizens generally for his suc- cessful efforts in establishment of regularlyscheduled examina- tions for drivers ' licenses in Palm Sprin., s, was adopted by unanimous vote . There being no further business, on motion by Councilman Hyde, seconded by Councilman Allen, and unanimously carried,' the meeting adjourned to Wednesday, October 16,- 1944, at4.30 o 'clock p.m. ,p City Clerk MINUTES OF AN ADJOURNS MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held Wednesday,. October 13, 1944 The City Council of the City of Palm Springs held a meeting in the Council Chambers known as No. 810 North Palm Canyon Drive in said city on Wednesday October 18, 1944, at 4:30 o 'clock p.m., pursuant to adjournment of the meeting held October 11, 1944. The meeting was called to order by 'Mayor Therieau, who presided. Roll Call: Present: Councilman Culver Nichols , Councilman C. P. Adams Councilman Maurice.-,. McCann Councilman C. A. Hyde Councilman Walter Z. Allen Mayor Eugene E. Therieau City Manager R. M. Sorum City Attorney Roy 19. Colegate City Clerk Loulse. McCarn , Absent: Councilman Armand V. Turonnot Draft of the minutes of the meeting held Uctober 11, 1944, having been previously distributed among the Council was presented, approved and ,ordered copied in the Minute Book. 351 COMPJUNICATIONS: An application was read from M. M. Pavny, for rebate of a part of his ,music machine business license fee of $240. , paid in May for the fiscal year expiring June 30, 1944. Discussion developed that this request was in fact supplementary to applicant 's various personal appearances before the Council during the time the busi- ness license ordinance amendments were under consideration; that, although he had paid his license in May, applicant had commenced business several months previous in violation of existing require- ments for building and safety regulation and without payment of his business license until demand was made uoun him. On motion by Councilman Allen, seconded by Councilman McCann; Resolution No. 1557 of the City Council, denying applicant 's request for said rebate and instructing the City Clerk to so notify him, was adopted by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen and Mayor Therieau Noes : Nune Absent: Councilman Turonnet The Mayor presented a form of resolution similar in expression to Resolution No. 1462, adopted In the meeting of May 3, 1944,0 favoring the application of TWA airlines for a commercial air route through Palm Springs, and explained the purpose of the resolution in its present form: for the Secretary of the Palm Spr-inws Chamber of Commerce to use in evidencing Palm Springs ' support of the amended application for saidroute by nVA which is to be heard in San Francisco shortly. And on motion by Councilman Adams, seconded by Councilman_ Nichols, said resolu- tion, being .No. 1558 of the City Council, was adopted by unani- mous vote. A letter was read from Charles J. Mathews, Secretary-Treasurer of the Palm Sprin.-s Real Estate Board, requesting action by the Council upon a suggestion previously presented that Real ^state Board members be considered for vacancies occuring on the Planning Commission. The P4ayor stated that he is not , presently prepared to consider appointments to the Planning Commission and instructed the City Clerk to so notify 14r. Mathews and to say that the request would be taken under advisement. A notice was read from the State Board of Equalization, of the application of Jane E. Manchester et al dba Doll House for re- newal of quarterly on-sale distilled spirits license; no action. A resolution was read: adopted by the Recreation Commission in its meeting of October 17, 1944, placing the Commission on record as favoring; the purchase of the Field Club by the City of Palm Spr ings. REPORTS: The following report and recommendations were presented by the Planning Commission: (a) re application of Oscar Mandinach to operate a plumbing business in the Indian Store, 200 North Indian Avenue : Recommended that the Council determine by appropriate reso- lution that the requested use of said premises for nurposes „ of an office and storeroom for plumbing business is no more obnoxious nor detrimental to the welfare of that community than the enterprises and businesses specifically enumerated in Section 12 of Ordinance No. 75, provided: (1) That no equipment nor materials be stored out-of-doors ; (2 ) That no manufacturing be done upon the premises nor any 5 loud or unusual noises created; and (3) That the City Building Inspector approve the premises as to use and occupancy. 352 On motion by Councilman Nichols, seconded byCouncilman Allen, Resolution No. 1559 of the City Council, approving said use and occupancy as recommended by the Planning Commission, subject to the City Manager' s approval first being had after inspection of the premises, the City Clerk to so notify applicant, was adopted by the following vote, to wit : Ayes: Councilmen Nichols, Adams, McCann, Hyde, Allen, and Mayor Therieau Noes; None Absent: Councilman Turonnet (�) re application by Rolland Dunlap, -Agent for Greyhound Bus Lines, to locate and operate a bus passenger depot on Indian Lands (approved by the Tribal Committee) on a lot 100 x 100 feet, due north of the Indian Store on Indian Avenue: Recommended that the Council determine by appropriate reso- lution that the requested use of said premises is no more obnoxious nor detrimental to the welfare of the particular community than the enterprises specifically enumerated in Section 12, of Ordinance No. 75. - On motion by Councilman McCann, seconded by Councilman Hyde, Resolution No. 1560 of the City Council, approving said use and occupancy as recommended by the Plannin^ Commission," subject to the City Manager 's approval first being had after inspection of the premises, the City Clerk to s'o notify ap- plicant , was adopted bIT the following vote, to wit. Ayes; Councilmen Nichols, Adams, McCann, Hyde, Allen and Mayor lberieau Noes : None Absent:, Councilman Turonnet (c ) re the proposed acquisition of the Palm Springs Field Club properties by -the ,City: Reported in detail the Commission 's consideration of the matter and the adoption of a resolution by the Commission in its meet.,ng of ,October 17, 1944 1ahereby the Commission approves the location, . character and extend of the said properties,, -- certified copy of said resolution to be filed with the City Clerk. UNF7NISHZD BUSINESS: An ordinance entitled "An Ordinance of the City of Palm Springs Amending Section K. of Ordinance No. 119, " introduced in the meet- ing of October 11, 1944, by Councilman Allen, and at that time first read in full and filed with the City Clerk, was offered for second reading and, on motion by Councilman Adams, seconded by Councilman Hyde, the second reading was wai'ved, by the following vote, to ;wit: Ayes: Councilman Nichols, Adams, McCann, Hyde, Allen and Mayor Therieau Noes: None Absent: Councilman Turonnet And said ordinance, being Ordinance No . 153 of theCity of Palm Springs, was thereupon, on motion by Councilman Allen, seconded ' ny Councilman Adams, passed by the following vote, to wit: Ayes: Councilman , Nichols , Adams, McCann, ' Hyde, Allen and Mayor Therieau Noes: None, Absent: Councilman Turonnet 353 NEW BUSINESS-@ A register of demands was presented, examined and approved by the Finance Committee, and on motion by Councilman Allen, seconded by Councilman Hyde, clams and demands numbered PR-914 through PR-916 and 5503 through 5515 were approved and ordered paid by warrants drawn on the City Treasurer, by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen and Mayor Therieau Noes: None Absent: Councilman Turonnet The City Clerk 's Certificate No. 13, covering* a transfer from the General Fund to the Payroll Fund of $224.90 was presented, examined andapproved by the Finance Committee and on motion by Councilman Allen, seconded by Councilman Hyde, approved and ordered certified by the City Clerk to the City Treasurer, by the following vote, to wit: Ayes: Councilmen Nichols, Adams, McCann Hyde, Allen and Mayor Therieau Noes: None Absent: Councilmen Turonnet The City Manager informed the Council of the terms of an offer to the City on the purchase of a new police car, which is seriously needed. He stated that in the event of purchase such an item would, pursuant to the recommendations of the Finance Committee (in which he had concurred) , embodied in Resolution No. 1501 of the City Council, adopted July 5, 1944, properly be charged to the "Special Fund for the Replacement of Motorized Vehicles and Equipment, " created by Ordinance No. 152. The City Attorney advised on procedure, as follows: (a) Adoption of a resolution (in a form which the City Manager _- would read) transferring from the "Reserve for Capital outlay Fund" (wherein there is now on deposit $20, 312. 50, of which $10,000.00 is invested in Series "G" War Bonds) of $10, 312.50 to the "Special Fund for the Replacement of Motorized Vehicles and Equipment" (created by Ordinance No. 152, pursuant to Resolution No. 1501) ; and (b) Thereafter, adoption of a resolution authorizing and directing the City Manager to proceed with negotiations for the purchase of the police car on the terms recited in the offer (embodied in said resolution) , the cost of the car to be charged against said "Special Fund for the Replacement of Motorized Vehicles and Equipment. " On motion by Councilman Allen, seconded by Councilman Hyde, Reso- lution No. 1561 of the City Council (in the form read in full by the City Manager) , approving and directing the change of name of the fund previously established by resolution No. 1170 to "Reserve for Capital Outlay Fund" and approving and directing the transfer_ of $10,312.50, from said fund to the "Special Fund for the Replacement of Motorized Vehicles and Equipment" and, in connection with such transfer, directing the City Clerk, by her Certificate No. 14 (same having been examined and approved by the Finance Committee) , to certify said transfer to the City Treasurer, was adopted by the following vote, to wit* Ayes: Councilmen Nichols, Adams, McCann, Hyde, Allen and Mayor Therieau Noes None Absent: Councilman Turonnet J54 On motion by Councilman Nichols, seconded by Councilman Hyde, Resolution No. 1562 of the City Council, authorizing and directing the City Manager to proceed with negotiations for the purchase of the police car on the terms recited in the - offer and embodied in, said resolution, the cost of said car to be charged against said "Special Fund for the Heplacement, of Motorized Vehicles and Equipment, " was adopted by the following vote, to wit : Ayes: Councilmen Nichols, Adams, - McCann, Hyde, Allen and Mayor Therieau Noes: None Absent : Councilman Turonnet Mr. Roth of Ramon Trailer Park, present in chambers, addressed the Council to complain of the lack of an humane officer in the city and, on being informed by the City Manager that the. situa- tion is being corrected, shortly, stated that thi's welcome , in- formation left him without cause for complaint-. There being no further business, on motion by Councilman Hyde, seconded by Councilman McCann, the meetin adjourned. City C ark ;MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held November 1, . 1944 - The City Council of the City of Palm Springs held la meeting in the Council Chambers, known as No. 810 North Palm Canyon Drive in said City, on Wednesday, November 1, 1944, at 7:30 o 'clock p. m. , the said day being the first Wednesday of said month of November. The meeting was called to order by Mayor Therieau, who presided. Roll Call: Present: Councilman Culver Nichols Councilman MauriceMcCann Councilman 0 . A. Hyde Councilman W. Z. Allen Councilman Armand V. Turonnet Mayor Eugene E. Therieau City ,Manager R. M. Sorum City Attorney Roy W. Colegate City Clerk Louise McCarn Absent: Councilman C. P. -Adams COtMI hICATIONSs - A letter was read from Mr,. Louis B. Minter, Attorney for Jane Manchester et al, dba The Doll House, enclosing an application for a permit for ninhtly, dancing in the Doll House; with a sketch of proposed changes in the premises occupied by the Doll House - to bring the ,premises; within the classification in which dancing is permitted. The City Manager stated that he had discussed the matter of correcting 'the, premises, so as to conform with the Cityos requirements, with the applicant 's architect; that if changes were made as indicated in the plan, the use would be per- missible; however that further , insoection would be necessary. Mr. Minter, present in Chambers, stated that applicant had flame- proofed the furnishingsin a manner satisfactoryto the City Fire Department . On motion by Councilman McCann, seconded by Council- man Allen, Resolution No. 1563 of the City Council, granting the permit, subject, however, to the City Manager's first approving the premises for such use and occupancy after inspections, the City Clerk to so notify the applicant, was adopted by the follow- ing vote, to wit: 355 Ayes: - Councilmen Nichols, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: Councilman Adams An applicationwas read from the O 'Donnell Golf Club for a business license. The Mayor announced that' it had been the es- tablished , oractice, in view of the City 's pride in and benefit from the operation of the Golf Links - which are maintained en- tirely without profit to Mr. Thomas O 'Donnell, the owner of the property, to waive the payment of such a license and suggested 1 sinilar action now. And on motion by Councilman Nichols, seconded by ,Councilman Turonnet, Resolution No. 1564 of the City Council, authorizing and directing the City Clerk to forthwith issue a city', license to the O'Donnell Golf Club, fee waived, was adopted by the followin-- vote , to wit: Ayes : Councilmen Nichols, McCann, Hyde, Allen, Turonnetnand Mayor Theriedu Noes : None Absent: Counc:'. lman Adams Two applications for business licenses were presented and re- ferred to the Planning Commission for report and recommendation thereon before Council action, as follows : 1. From Mrs. Kittie Keen, -owner-operator of the Do-Nut. Shop at 256 South Palm Canyon Drive, requesting permission to install a hot-dog and pop-corn machine just inside the fence on her premises; 2. From Mr. Cliff McCullagh, requesting permission to extend hispresent out-door bicycle rental business, at 256 South Palm Canyon Drive, by adding another location at 189 South Palm Canyon Drive . A notice was read from the State Board of Equalization, as fol- lows: Transfer from Barney Ostrow dba Barney's to W. H. Silber- schmidt and Ruth Beck dba the Rendezvous, 396 N. Palm Canyon Drive, of licenses covering on-sale distilled spirits, quarterly and seasonal, and on-sale beer-and-wine; no action. REPORTS: The City Manager presented a report with recommendations, as fol- lows : (a) Announced his appointment of Police Sergeant Orest Johnson as Juvenile Officer of Palm Springs Police Department - such duties being in conjunction with his present position. In this connection the City rdanager read letters exchanged between himself and the California Youth Authority and reported briefly -on the local situation with regard to juvenile proble^ns - which he felt would be bettered by having a local officer in charge of such cases . lie also stated that Police Chief Sanard and Sergeant Johnson would attend a conference on Juvenile Problems, being held by the University of Southern California in Los Angeles, November 9, and 10. - (b) 'Announced the employment of: (1); Major King as Janitor, effective as of October 16, 19440 and recommended approval of a total salary for the position of $90,: 4v30 per month each for servicing the City Offices, the Court and Council Chambers and the Rationing Board. On motion by Councilman McCann, seconded by Councilman Allen, Resolution No. 1565 of the City Council, aporoving a total salary of $90 per month for Janitor services, -to Major King, effective as of October 16, 1944, was adopted by the following vote, to wit: 356 L Ayes : Councilmen Nichols, McCann, Hyde,, Allen, Turonnet and mayor Therieau Noes: None _ Absent: Councilman Adams (2) R. H, Mann, , to care for the City Office lawn, as of October 25, 1944, and recommended approval. of a salary therefor of $10 per month. On motion by Councilman Hyde, seconded by Councilman Nichols, Resolution No. 1566 of the City Council, approv- ing payment of a salary of $10 per month for care of the City Office lawn, to R. -H. Mann, effective October 251 1944, was adopted by the following vote, to wit' Ayes : Councilmen Nichols, McCann', Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent : Councilman Adams (3) Thomas Alexander as Humane Officer, as of October 25, 1944, and'-recommended approval of a salary therefor of §100 per month. On motion by Councilman Allen, seconded by ' Councilman McCann, Resolution No. 1567 of the City Council, approv- ing payment of a ''salary of v100 per month to the Humane Officer, Thomas Alexander, effective as of October 25, 1944, was approved , by the following vote, to wit: Ayes : Councilmen Nichols, McCann, Hyde;, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilman Adams Here , he also briefly described the setting up of the City Pound and stated that he had incurred other incidental ' expenses in connection with the enforcement of Ordinance No. 129 (establishing the City Pound and the office of Humane; Officer) - - all as duly authorized under Resolution No . 1499 of the City Council. He reported that approxi- mately 175 dog tags had been sold to November 1, 1944. (c) Stated that the 'Waste Disposal Department work had been particularly heavy during October, -requiring overtime to be , worked by the men outside and also by the office Clerk •- in ' setting up a new system of accounting; and called attention to tie fact that Waste Disposal Receipts for October totaled 42002.53, only 435 below an all-time high figure. And recom-- menaed approval of payment for overtime worked by the Depart- je, employees, as follows : To the Foreman Frank Britton, $20., and to four drivers : A. Velasquez, Phil Godinez, ' Ramon F.strada' and Tony Godinez, $15. each; also to Mrs. Berthd 'Carter, Clerk in charge of the accounts, $15.00. On motion by Councilman Allen, seconded by Councilman Hyde, , Re'soluti :,n No. 1568 of the City Council, approvina, payment of overtime to said Waste Disposal Department employees as recom- mended, was adopted by the following vote, to grit: Aves : Councilmen Nichols, McCann, Ilyde, Allen, Turonnet and Mayor Therieau I Noes : None - Absent: Councilman Adams (d) Reported, as a matter of intereat: Receipts in the Building Department for October the largest in three years, and the second largest, in four yearn . (a ) Reported that he, had approved a change in the Citfzens ► Bus operation schedule'_ - extending the hours to be from 7:OcJ a. m. to 1U:00 P. m.,;. as of November 1, 1944 357 (f) Announced that as of November 1, 1944, Mr. P. M. Swart had been appointed by City Engineer Davidson as Deputy City Engineer and recommended that, having himself resigned as ex-officio member of the City Planning_ Commission - which position he has held by reason of his being an Assistant City Engineer, Kr. Swart be appointed to rill the vacancy on the Commission due to his own resignation. He stated that he is, however, continuing ir. his capacity of Assistant City Engineer. 1 The Mayor thereupon announced the appointment of hr. P. M. Swart, Deputy City Engineer, as an ex-officio member of the City Planning Commission, effective as of November 1, 1944, and on motion by Councilman Nichols, seconded by Councilman Turonnet, Resolution No. 1569 of the City Council, approving said appointment, was adopted by unanimous vote. (g) Referred to the change in title of funds and transfer of funds : � 101312. 50 from the Capital Outlay Fund to the Special Fund for the, Replacement of Motorized Vehicles and Equipment - effected by Resolution No. 1561 adopted in the October 18, 1944 meeting of tte Council, and recommended that of this $10, 312 . 50 it was desirable that War Ronda (now on deposit in - =- the Capital Outlay Fund) represent 610,000 of said moneys, and further recommended that an additional transfer be made to said Special Fund for the Replacement of Motorized Vehicles and Equipment of $3,313. 54 from the Waste Disposal Fund. Thereupon: (1) On motion by Councilman Nichols, seconded by Councilman Allen, Resolution No. 1570 of the City Council, ratify- ing the Finance Committee 's approval of a transaction as follows * Of the W, 312. 50 previously transferred to the Special Fund for the Replacement of Motorized Vehicles and Equipment (by Resolution No. 1561 of the Council, certified by the City Clerk's Certificate No. 14) 0 $10,000. shall be represented by War Bonds in a like amount (carried in the Reserve for Ca-)ital Outlay Fund, from which said transfer, certified by Certificate No. 14, was made ) , the City Clerk being directed, by her Certificate No. 15, to, so certify to the City Treas�irer, was adopted by unanimous vote. (2) The transfer from the -Waste Disposal Fund was acted upon later, in due course, as will appear in these minutes. The following reports were presented, examined and filed with the City Clerk: Reports of the Police Department and the City Treasurer for October; also a statement of Field Club maintenance expenses for October. The matter of the report by the Health and Sanitation Committee on food handlers ' examinations was tabled for further study be- fore reporting. Eere an application was read from Robert H. Bennett, requesting a business license to operate "The Desert Guide" - a burro train, the burros to be maintained at A & F Stables, and an office to be located on the Golf Driving Range, Indian Avenue at Ramon Road. Pdr. Bennett, present in Chambers, stated that the burros- would at no time leave the bridle trail and would never be left standing at the office - except for a few minutes when taking on passengers. Also a letter was read from the Secretary of the Planning Commis- sion, regarding Yr. Bennett 's previous application and aooearance before the Commission with a request to operate his train from other locations, reciting the Commission 's action as recorded in the minutes of its meeting of October 26, . as follows, with regard to: 358 (a) Use of the land immediately ,nes of and ad oining the A & F stables n Section, 14: the su tch—] and is presently zoned as 'U classification, which has the same characteristics as R-1 zoning; therefore that the Commission could not consider the request. (b) Use of ground in C-3 zone , for a corral and stable for fif- teen burros: such, use wouict, 2.n the estimation of the T mmission he no more obnoxious nor detrimental to the welfare of the parti- cular community than other enterprises, etc., specifically enumerated in Section 13 of Ordinance No. 75, with the recom- mendation that the Council so determine- by -resolution. (c) Establishment of a hitching* rack and lace on Section 14 for keeping the burro's during _ sy time,_ between rips o Ta_�u z Falls and Skyline mall: a motion to recommend. that tTe o�uncil y resolution determine said proposed use to-.be no more obnoxious nor detrimental to the welfare of the particular community than other enterprises etc., specifically enumerated in Section 12 of Ordinanm No. 750 was lost on the following voter Ayes - 2; Nayes - 4;' the Vice Chairman not participating in the vote. After discussion, during which it was brought out that, applicant should take up with the State Highway Division the matter of cros- sing the State Highway .w;ith his burro train, on motion by Council- man Nichols, ' seconded by Councilman Hyde, Resolution ,No. _ 1571 of the City , Council, approving the issuance of a business license to Mr. Bennett to operate his burro train along the bridle trail from the A & F Stables, and pick up passengers at his office on the Golf Driving Range, Indian Avenue and Ramon Road, the animals at no time to be left standing at such office location except while nicking up nassengers, and with , the su7gestion that applicant at the earliest possible opportunity obtain a more suitable location In a zone where there would be no necessity ,for crossing the State Fighway, wary - adopted by the following vote, to wit: Ayes : Councilmen, Nichols, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilman Adams Also a letter was read from the Secretary of the P1atni.ntT Commission, quoting an excerpt of the minutes of the meeting of October 26, on the subject of Assemblyman. Boyd 's address to the Commission touch- ing upon Riverside ,County. post-war planning„ as follows, re: (1) pro22sed creation of a county-wide flood control district: that t , seemed desirab s that the City of a m Springsl cons der the matter and determine its position so that, upon the con- vening of ,the Legislature, Mr. Boyd could have an expression from the Council on the subject In order to , enable him in determining his course of action thereon. It was ,suggested- that this matter first come before the City Council and, if so requested by the Council;; ' the Commission would endeavor to furnish a recommendation thereon. (2) . The proposed StetelHiQhway Cut-off which would traverse the northeast portion of the City of Palm Sprina.,s, a IoFP7 ET route heretofore surveyed and for w ich the State Division of HIRh- ways already hsa the necessary land and rights of way: Mr. Boyd stated that the tate Division of Hi hways is pressing for this construction and that the matter will in all probabilit soon become active ; that it was therefore highly desirable that the, Commission be prepared to express its opinion -and take what- ever action might be necessary in that regard. Commissioner Lipps spoke, expressing; his approval of the proposed construction and- Mr. Culver Nichols spoke, expressing -his - opposition to same. 359 Commissioner Sorum stated that, as City Manager, he had received letters inviting, him to meet with the Riverside County Chamber of Commerce November 13, when Mr. C. H. Purcell, Chief of the State D.lvision of Highways and State Highway Engineer, on a tour of Southern California Highway projects, would confer with representatives of various public bodies from over the country. Thereupon the Commission by resolution• recommended to the Coun- cil that the subject matter of those communications addressed to the CityManager be publicizedand immediate hearings be had ender the supervision of the City Council prior to November 13, for the purpose of ascertaining the public sentiment on the matter of this proposed highway cutoff. The Mayor announced that it seemed advisable for the Council to hold a meeting November 8, - and invite thereto forfree and full discus- sion representatives of local organizations and individual citizens in an effort to elicit an expression of nublic sentiment on the sub- ject of the proposed highway cutoff and also the proposed county flood control district. NEW BUSINESS: A register of demands was presented,, examined and approved by the Finance Committee and on motion by Councilman Allen, seconded by Councilman Hyde, claims and demands numbered PR-917 through PR-968 and 5516 through 5554 were approved and ordered paid by warrants drawn on the City Treasurer, by the following vote, to wit: Ayes : Councilmen McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: Councilmen Nichols and Adams The City Clerk 's Certificates, covering the following transfers : No. 16, to the Payroll Fund - from the General Fund, $4545.26; from the Street Fund, �547.76 and from the Waste Disposal Fund $1,275.48 a -totsl of $6, 358.50; and- No. 170 from the Waste Disposal Fund to the Special Fund for the- Replacement of Motori7ed Vehicles and Equipment: 03,313, 54 (as recommended by the City Manager) ; were presented, examined and approved by the Finance Committee and on motion by Councilman Allen, seconded by Councilman McCann, approved and ordered certified by the City Clerk to the City Treasurer, by the following vote, to wit: Ayes: Councilmen McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilmen Nichols and Adams The City Attorney informed the Council of the status of the protest filed against transfer of A-P. licenses (quarterly) to Francis I. Murray at 190 West Amado- Road, Palm Springs, as follows: That the State Board of Equalization Referee, before whom the protest has been heard, had based his recommendations for over- ruling the protest on grounds which would require holding. Section 15 of the A. B. C. Act unconstitutional ; that the legal point in- volved is ,extremely important and would affect every city and county within- the State ; that he had filed detailed written objections along these lines with the Board on behalf of the City of Palm Springs. There being no further business, on motion by Councilman McCann, seconded by Councilman Hyde, and unanimously carried, the .meeting adjourned to Wednesday, November 8, 1944, at 7:30 p, m. CC City Clerk �0o MINUTFS OF AN ADJOURNED T1140TING OF THE CITY COUNCIL OF THE CITY OF PALM SPRIF^S Held,-Wednesday, November 8, 1944 The City Council of the City of Palm Springs held a, meeting in the Council Chambers known as No. 810 North Palm Canyon Drive in said city on Wednesday, November 8, 1944, at 7:30 o 'clock p. m. ," pursuant to adjournment of- -the meeting held November 1, 1944. The meeting was called to order by Mayor Therieau, who presided. moll Call: Present: Councilman Culver Nichols Councilman C . P. Adams Councilman Maurice McCann Councilman Walter Z. Allen Councilman Armand V. Turonnst Mayor h\igene R. 'T.'herieau City Manager R. IA. Sorum City Attorney Roy W. Colegate City Clerk Louiee McCarn Absent: Councilman C. - A. Hyde The Mayor, announced that all regular business would, be dispensed' with, . this being an open meet".ng for the purpose of familiarizing the citizens of Palm Springs with two propositions which nill probably be up for legislation in the coming session of the State Legislature and on which, for that reason, it is desirable to have an advance expression of the public sentiment, to wit : 1. The proposed establishment of a county-wide flood control district. 2. The proposed construction of a state highway cut-off across the northeast portion of the city. Re the Establishment of a Count -wide Flood Control. District: The Mayor rat called upon ouncilman PJ1c ols ka member of the County Committee formed to study the subject} to review for this meeting, as he had previously for the Council, the purposes and activit'_�.es of the committee on wrath he is the Palm 3prinr*s repre- sentative. Mr. Nichols was followed by Mr. mantis Crocker, Mr . 14alter Kofeldt, Secretary of the Chamber of Commerce, Mr. Stephen Willard, Mr. William Hillery of Cathedral City, Mr. Austin McManus, Assemblyman- Philip L. Boyd and Mr. George Roberson. Generally speaking the consensus of ooini.on seemed to be against the proposed county-wide flood control district as now contemplated.' Assemblymen Boyd, however, indicated that before the Act is drawn and recommendations thereon pr-esented to the Riverside County Board of Supervisors, there will be a revision of the zotiing of the proposed district; that there will be further meetings of the committee ; and that in all probability Palm Springs and , vicinity will be in a zone by itself and that the 'Coachella Valley Area will be in a zone by it- self. The Mayor announced that immediate ' action was not necessary. Re the proposed construction of a state highway cut-off across the northeast portion of the city: - The—City Manager kwho is : a member of the Highway and Transportation Committee of the California State Chamber of Commerce-) , when called upon, stated that he had been requested to present to the meeting scheduled for Monday, November the 13th, in Riverside - with Mr. C. H. Purcell, State Director of Public Works (who is visiting Southern California with members of his staff on a tour of highway projects in this area) - a comprehensive report of the sentiment in this area with regard to post-war plans for highway construction projects . And suggested that any report coming from this meeting should touch upon any and all highway projects in which our people are interested - mentioning specifically some necessary improvements to Highway 111. 361 He urged a decisic:n on these matters: If we are forced to accept the highway route on the southern part of Whitewater Rush, that Palm Springs have a plan therefor, _supported by sound reasons. If we do not want a four-lane route over Palm Canyon Drive, to have a plan, also supported by good reasons, showing where we dowant the high- way routed. Other s8eakers were : Councilman Nichols (Ybo is a member of the County ommittee formed for a study of the subject) ; Mr. Francis Crocker; City Attorney Colegate ; Mr. F. W. Cutler (representing the Home Owners League of Palm Sprins ) ; Mr. Robert Ransom (repre- senting the Palm Springs Realty Board) ; Mr. Walter Kofeldt (reore- senting the Chamber of Commerce ) . Tr. Ransom read a report of the findings of the Chamber of Commerce Committee meeting of November the 7th: To the effect that the Com- mittee anoroved the idea of a by-pass but did not approve the pro- -_po_s_ed route of same ;- was opposed to the proposal to make Palm Can- yon Drive a four-lane highway; and would table for further considera- tion the matter of a highway conneeti.ntr Palm Canyon Drive with the Palms to Pines Highway by way of Palm Canyon. Finally Mr. Nichols introduced a resolution, to be presented to City Manager Serum as an expression of the sentiment of the meeting, to the effect that the City desires to control the development of Palm Canyon Drive so it will not become a heavy through traffic artery; that the City, to this end, is opposed to any effort to widen Palm Canyon Drive to a four-lane highway; that the City recognizes the need for a limited access freeway and urges locating; same outside the city limits of Palm Springs. This resolution carried by a- vote of: For - 15; Against - 4. Mr. Ransom proposed an amendment to the resolution to the affect that the proposed freeway be aligned "to take off a short distance north of the present take-off north of the city limits and extend 1 as far beyond the easterly line of Section 18 as is feasible from an engineering standpoint. " This amendment lost by a vote of: For - 3; Against Mr. Kofeldt pr000sed an amendment to the resolution, to the effect that: "Ample egress and ingress be provided to and from the freeway, with ample underpasses for pedestrians and vehicular traffic. " This amendment carried by a vote of: For - 15; Against - 8. There being no further business, on motion by Councilman Turonnet, seconded by Councilman Nichols, and unanimously carried, the meeting adjourned to'Wednesday, November 15, 19440 at 7:30 o�ncllc k�P. M. (birs. ) 'LOUIS MCCARI�" City Clerk MINUTES OF AN ADJOURNED &fEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held Wednesday, November 15, 1944 The CityCouncil of the City of Palm Springs held a 'meeting in the 1 Council Chambers, known as No. 810 North Palm Canyon Drive, 'n said city on Wednesday, November 15, 1944 at 7:30 o 'clock p . m. pursuant to adjournment of the meeting held November 1, 1944. The meeting was called to order by Councilman Turonnet. ' Roll Call: Present: Councilman Armand Y. Turonnet City Clerk Louise McCarn Absent : Councilman Culver Nichols Councilman C. P. Adams Councilman Maurice McCann Councilman C. A. Hyde Councilman W. Z. Allen Mayor Eugene E. Therieau 362 There being no quorum present, Councilman Turonnet, by public announcement adjourned the meeting to Tuesday, November' 21, 1944 at 7:30 o 'clock p. m. -- same being the day and date fixed by law for the canvass of the returns of . the special municipal election held November 14, 1944. - CitClerk'� MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNOIL OF THE CITY OF PALM SPRINGS Held Tuesday, November 21, 1944 The City Council of the City„ of Palm Springs held a meeting in the Council Chambers known as No. B10 North Palm Canyon Drive in said city- on Tuesday, November- -21, -1944 at 7:30 o 'clock p. m. pursuant to adjournment of the meeting held November 15, 1944. The meeting was called to order by Mayor Therieau, who presided . Roll Call: Present: Councilman C . i. -Adams Councilman Maurice McCann Councilman C . A. Hyde Councilman _VP. Z. Allen Councilman Armand V. Turonnet Mayor Eugene E. Therieau City Manager R. M. Sorum City Attorney Roy W. Colegate City Clerk Louise YcCarn ,Absent: , Councilman Culver Nichols Drafts of the minutes of the meetings held October 18, November 1, 8 and -15, 1944, having been previously distributed among the ' Council, were presented, approved and ordered copied in the Minute Book. Here Councilman Nichols entered and joined the meeting. `!hereupon the Council proceeded to canvass the returns of the votes cast in ,the Special Municipal Election held within the City on Tuesday, November 14,, 1944, for the purpose of voting upon the proposition of whether the City of Palm ISprinFs should purchase the property, real and personal, of the Palm Springs Field Club under the terms offered by- the board of directors of said club. Upon completion of the canvass, on motion by Councilman Adams seconded by Councilman Turonnet, Resolution No. 1572 of the City Council (read, in" full' by the City Attorney) , reciting the :Pacts of the election and such other matters as are prescribed by Sec- tion 9919, Elections Code of the State of California, was adopted by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Yayor Therieau Noes : None Absent: None The City Clerk then filed statement of results of said election, I as follows, to wit: STATEMENT OF THE RESULTS OF THE SPECIAL MUNICIPAL F,LECTION YIELD IN THE CITY OF PAL14 SPRINGS T[IESDAY, NOVEMBER 14, 1944 � 363 Consolidated Voting Precinct "A" FOR AGAINST TOTAL (being Palm Springs Precincts Numbers 1, 6, 7 and 8) 176 112 -288 Consolidated Voting Precinct "B" (being Palm Springs Precincts Numbers 2, 3, 4 and 5) 167 122 289 TOTAL --- 343 234 577 LOST - Because necessary to have 2/3 of votes cast to win. 2/3 of 577: 384.6 COi I.TNICATIONS: A letter was read from Pacific Aircraft Distributors, requesting that their concern be notified when the City of Palm Springs is prepared to discuss postwar operational rights at the Palm Springs Airport. No action - the City Clerk having acknowledged receipt of the letter and previously notified , the writer that such appli- cations will be filed for reference but are not being considered at this time. A letter was read from Mr. Robert Ransom, Palm Springs Plaza, requesting additional curb markings in the Plaza by reason of the Post Office locating there. With a view to prompt action on the request, the Public Safety Committee had considered the re- quest in a meeting with the City Manager, which resulted in the following report and recommendations, presented by the Chairman of the Committee : (1) That the request for a pedestrian zone from Desmond 's corner westerly across Palm Canyon Drive be retained in committee for further study and report; (2) That the request for the establishment of a White Zone in 1 front of the Plaza Office be denied; and Conti ngent upon the actual occupancy of the proposed premises 1114 (in the Plaza) by the Post Office,- that zones be established as follows : (3)- A Red Zone (No Parking) on Indian Avenue for a distance of 15 feet North and 5 feet South of the Mail Truck Entrance, Post Office location; (4,) A Green Zone (10-Minute Parking) on Indian Avenue beginning at the South end of said 5-foot Red Zone, running Southerly a distance of approximately 54 feet; and ( 5) A Yellow Zone (20-Minute Loading) on Indian Avenue begin- ning at the North line of Sale 's Market, thence Southerly a distance of 25 feet. After advice from the City Attorney as to procedure, on motion by Councilman Fyde, seconded by Councilman Turonnet, Resolution No. 1573 of the City Council, accepting; and adopting the com- mittee 's recommendations - as above set forth, was adopted by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet- and Mayor `Pherieau Noes : None Absent: None A letter was read from Mr. R. P. Lockwood, requesting permission to establish a frozen food locker plant on Lot 2, Vista Santa Rosa. Tract (the property- just north of Stone 's Juice Bar, 596 South Indian Avenue ) . Mr. Lockwood, present in chambers, also 3 spoke on the subject, After a clearance through the County Agri- cultural Agent he was confident he could commence construction - if ,granted permission from the Council - as WFB priorities are 364 now available for such'construction; there would be no 'slaughter- frig on the premises ; the business to be similar to a retail meat market, with storage lockers available to consumers ; no wholesale distribution and no freezing for markets selling at retail. The matter was referred to the Planning Commission for report and recommendation after the next meeting of the Commission: December 5, 1944, at 4: 00 o 'clock p .m. ; the Mayor suggested to Mr. Lock- wood that he also attend that meeting. A request was read from the American Legion Auxiliary, Owen Coff- man Unit No . 519, for permission to hold a benefit dance Pri.day evenin-, December ' 1, 1944, in the Frances Stevens School Auditorium. On motion by Councilman- McCann, , seconded by Councilman Turon.net, Resolution No . 1574 of the City Council, granting permission as requested, after due inspection and the City Manager 's ',anoroval as to use and occupancy of the premises ; fee waived, was adopted by unanimous vote. Notices .from the State Board of Equalization were read; as follows, covering: Transfer of Licenses : (a) To William H. Ude from Esther Goldberg dba El Morocco Hotel: (1) On-Sale Distilled Spirits - seasonal (2) On-Sale beer 'and"Nine (b') To Louis Danzinger from William H. Niendorf, 239 North Palm Canyon Drive: (1) On-Sale Distilled Spirits (2) On-Sale Beer and Wine Renewal of License for ',On-Sale Distilled Spirits, quarterly 'by A. G. McManus dba, Palm 'Springs Tennis Club. REPORTS: The City Manager presented report and recommendations as follows: (1) Reported renewal of the motorized equipment fleet policy of insurance with the General Insurance Company of America for the 1eriod October 15, 1944 - October 15, 1945, at a premium 'of 620.67, and called the attention of the Council to the fact that the warrant in payment therefor would be offered for ' ap- proval later, with other warrants in the register of demands . (2) Reported that he had employed Harry Barton in the Street Department as of November 21, 1944, and recommended anoroval of a salary of $180 per month for the position. On motion by Councilman McCann, seconded by Councilman Hyde, ' Resolution No. 1575 of the City Council, approving payment of a salary of - �180 per month to Street Department employee Harry Barton effective as of November 21, 1944 was adopted by ''the' following vote, to wit: Ayes: Councilmen Nichols, Adams, McCann,, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent : None (3) Recommended execution of the First Supplemental Memorandum of Agreement with the State Division of Highways,. covering the proposed expenditure of J-cent gasoline tax funds for Streets I of Major Importance within the city for the fiscal year 1945; explained that it was desirable to execute the agreement at this time although he would further recommend that the work contemplated thereby: the project on Arenas Road between Palm Canyon Drive and Indian Avenue, be not commenced at this time, since it -could be done more reasonably later; and explained that once the agreement i''s executed the allocation of funds is R effective almost indefinitely; that the project now contemplated - could be cancelled and replaced with another which might appear more necessary or desirable meantime. 365 on motion by Councilman Nichols, seconded by Councilman Adams, Resolution No. 1576 of the City Council approving and adopting such recommendation and authorizing and direc- ting the Mayor and City Clerk to execute said agreement on behalf of the City, was adopted by the following* vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None (4) Reported briefly on his attendance at the meeting of the Riverside County Chamber of Commerce Board of Directors, Thursday, November 16, 1944: That the matter of County, Flood Control District organization was discussed -very much along the lines indicated- by -Councilman Nichols in the recent open meeting.' �q And recommended that there be no further action by the 00 City until there is submitted for acceptance or rejection a specific plan for the establishment of zones within the proposed district. Pair. Nichols and others concurred in this view. ( 5)- Recommended . a formal request by the Council to the Plan- nina Commission for a study and report on the advisability of establishment of additional C-3 zoning. On motion by Councilman Nichols, seconded by Councilman Adams, Resolution No. 1577 of the City Council, adopting said recommendation ' and instructing the City Clerk to address such a request to the Planning Commission, was adopted by unanimous vote . (6) Commented upon the many barroom doors which are left open in such a way as to expose the barroom and its operations and entertainment , to the public in an offensive manner ; and inquired from the City Attorney as to possible regulatory control over the situation in addition to that established by Ordinance No. 144 (regulating entertainment in public places, and requiring that such entertainment shall not be visible from the street) . This being; the only ordinance providing any such regulation, the Mayor suggested that the City Manager have the Chief of Police by friendly calls bring the matter to the attention of the operators of bars and request their cooperation in correcting the situation. Report and recommendations of the City Planning Commission were presented, as follows : a (1) re Application of Mr. Cliff McCullagh for permission to extend his present bicycle rental business to a new out-of- door location at the northwest corner of Palm Canyon Drive and Arenas Road: that the Commission could take no action on the request by reason of the provisions of Section 12 of Ordi- nance No. 75 which specifically prohibit the conduct of a business of the type described ; and that any relief to appli- cant could only be accomplished through a change in the terms of the ordinance. There being no indication of a desire to bring about such a chanm,e, the Mayor directed the City Clark to -_notify applicant that his request had been denied because of its being; in violation of the existing regulatory ordinance . (2) re Application of Mrs. Kittie Keen to operate an out-of-door hot dog and popcorn machine just inside the fence at her present location, 256 South Palm Canyon Drive: that the Commission recommends denial of the request on the ground that such action is to the best interests and advantage ,of the community . The Mayor announced that the recommendation was accelted and the City Clerk was instructed, to notify applicant that her request had been denied. 366 (3) re Bel Vista Subdivision (being proposed subdivision of the Northeast quarter of Section 11, Township 4 South, Range 4 East, S. B. B. & M. ) : In accordance with the provisions of the Subdivision Map Act =(Stats. 1937, p. 1863) that the Com- mission had' acted upon the proposed subdivision, as follows : As the result of thorough discussion and consideration in its meeting of October 26, 1944, the Commission had approved the tentative map of said proposed subdivision, conditioned upon the following: (a) That Chia Road and Paseo de Anza each be dedicated to their full respective widths of 60 feet at this time ; (b) That Paseo el Tflirador likewise be dedicated as a 60-foot thoroughfare westerly from its Junction with the proposed subdivision and extending, to Indian Avenue; and (c) That every effort be made by the subdivider to procure a right of way so as to extend Paseo de Anza as shown on the tentative subdivision map as a through street, reaching Tachevah Drive. That thereafter the subdivider -Is representative had appeared before the Planning Commission .meeting of November 7, 1944, with regard to satisfying the request above referred to as item ° (e ) ° and in furtherance thereof had suggested ' certain changes in the subdivision arrangement so as to provide sufficient access to Tachevah Drive - conforming substantially to the Final Subdivision Map hereinafter referred to. That the subdivider's representative was informed that such suggested changes met with the approval of the Commission. That thereafter, in its meeting of November 21, 1944, there was presented to the Commission the Final Subdivision 'Sap - as per original tracing and copy herewith transmitted to the City Council. That the Commission thereupon, by motion duly made, seconded and carried by unanimous vote, had resolved that said Final Subdivision Map (in the form herewith transmitted to the City Council, and as identified by the signature of the Secretary of the Commission as of November 21, 1944) , be and the same was approved by the Commission, and the Secretary of the Com- mission was directed to so advise the City Council and transmit said enclosures to 'the Council. The Final Map was thereupon produced tn triplicate ) and examined by the Council. ` The subdividers 'representative, present in Chambers , explained that the streets involved' in the subdivision would be paved in 'accordance with the City 's requirements and inquired of the City Manager -whether the streets, if so paved, would be accepted by the City. The City Manager expressed the opinion,, in which the City Attorney concurred, that the streets, if paved in' accordance with the City''s requirements, would be accepted by the City - adding the further statement that he would be opposed to accepting; the streets in any subdivision unless such streets, were paved. After some further discussion - in which it was brought out that the State 'K-cent gas tax moneys could be allocated' only for use in a project involving the improvement of designated Streets of Major Importance ( in which designation Tachevah Drive 'does not fall) on motion by Councilman Allen, seconded by Councilman Turon- net, Resolution No . 1578 of the City Council approving and accepting the Final Subdivision Map of Bel Vista tract, in the form as identi- fied by the signature of the Secretary of the City Planning Commis- sion, and as recommended by resolution of said Commission adopted in its meetinl- of November 21, 1944; instructing the City Clerk to execute her Certificate (annexed to said Mao) , certifying to such approval and acceptance by the City Council, and to the acceptance 367 by the Council on behalf of the public, as dedicated to public use, Lots A, B, C , n, E, F, G ,and H of said subdivision for street purposes and the 5-foot Public- Utility Easements ; and directing that all paving° in said subdivision shall be done un- der the supervision of the City Mana aer as City Superintendent of Streets, was adopted by the following vote, to wit: Ayes : Councilmen Adams, McCann, Hyde, Allen, Turonnet and Mayor `Pherieau Noes : None Excused from voting on his request because 1 of his being the subdivider ' s representative: Councilman Nichols Absent: None Pier. Nichols in answer to further questions on the subject, stated that it was the hope of the subdivider that the water mains would all be laid prior to the commencement of paving ; however, that this could not be done with the gas lines, although those lines would be laid outside of the paving, except at intersections. Discussion followed concerning other matters for consideration in connection with subdivisions : ( 1) The City Manager 's recent recommendation that the current subdivision ordinance be so changed as to require all utilities to be installed underground: (2) Provision if possible of some protection for the lands lying adjacent to subdivisionsagainst waters overflowing from the paved streets - inithose- subdivisions onto and damaging such adjacent property. The Mayor referred these matters to the Public Works Committee - Councilman Nichols, Chairman, for study and report. NZV BUSINESS: A register of demands was presented examined and approved by the Finance Committee and on motion by Councilman Allen, seconded by Councilman Adams, claims and demands numbered PR-965 and 5555 throumh 5576 were approved and ordered paid by warrants drawn on the City Treasurer, by the following vote, to wit: Ayes : Councilmen Nichols, Adams,- McCann, - Hyde, Allen, Tnronnet and Mayor Therieau Noes: None Absent: None 'The City Clerk's Certificate No. 18, covering the following trans- fer of funds : from the General Fund - to the Payroll Fund V40. , and to the Street Fund µ100.00, a total of �,140.00, was presented, examined and approved by the Finance Committee and on motion by Councilman Allen, seconded by Councilman Hyde, approved and or- dered certified by the City Clerk tothe City Treasurer, by the following vote, to wit: Ayes : Councilmen Nichols, Adams, McCann, Hyde,- Allen, Turnnnet and Mayor Therieau Noes: None Absent: None Councilman Turonnet, Chairman of the Committee on Indian Lands, etc. , voiced his disappointment that the Planning Commission had made no recommendation regarding the location of recreational facilities on Indian Lands, according to the proposal previously presented and referred to the Commission after investigation by his committee as to rental costs, etc. And' stated that, since the Commission had reported as a basis for that position that another recreational project was already under consideration by the Council, and now the project referred .to as `!under considera- tion" had been rejected by the voters of the city, he would make 368 a further recommendation, in the form of a motion that the City Attorney and City Manager consult with the Indian Lands Agent,, Mr. William H. Veith; with a view to settling the details atten- dant- upon the making of a lease with the Government coverin;)T 'the 6-acre ?parcel +previ'ously..recom:nended by his `committee; under the terms previously offered. He stated that his committee would confine iLt's. :action to the recommendation embodied in his motion: that the location be secured; after that, any recreational pro- gram, it was felt, ' should be outlined and recommended by the City Recreation Commission to the City Council. The motion was seconded by Councilmen Nichols, and lost upon the following vote, to wit: Ayes : Councilmen Nichols, Adams, Turonnet Idoos : Councilmen McCann, Hyde, Allen and Mayor Therieau Absent: None Here the Major announced that following the recent special elec- tion he had conferred with the board of directors of the Palm ' Springs Field Club and, after a meeting of that board, had been presented ovith another offer to the City of lease and ontion to purchase the Field Club properties, which offer was embodied in a, resolution adopted in the meeting of said board; and read said resolution in full. The terns of the offer, as set forth in said resolution are as follows: (1) To lease for 25 months: December 1, 1944 - December 31, 1946 inclusive,, at a rental of �*l oer year plus payment of all insurance premiums, taxes subsequent to December 1, 1944, and during the continuance of such arran-ement and in consideration of the City either paying,, or tal:in the property subject to, taxes (as hereinafter mentioned, and subject tothe existingleases to Palm Springs Polo ' Club and to L. J. and Margaret Anderson, the rentals from which shall be collected and retained by the lessee. Said lease shall require the lessee to care for the improvements ' and plantings (on the property) and shall be substantially in the form of the last previous lease of said pronerty' to the City - with a proviso that it shall immediately termi- nate upon passage of any option expiration date without such option having been exercised. (2) Subject to three separate options included in said lease and granted lessee: to purchase severable and separate portions of said property and assets not later than the 31st days of December, 19440 1945 and '1946, by payments as follows: The first option expiring December 31, 1244, shall be for purchase , of: (a) All personal property of the Club except as to corporate franchise , files , records, cash and accounts receivable; (b ) The real property in Palm Spri,nns, described as : Easterly rectangular 380 feet of Lot 26, Palm Valley Colony Lands, Sec . 13, T 4 S, R 4 E, S. B. B. & M. for the sum of $14, 166.67 cash; The proceeds from the sale by the corporation of said properties , to wit: �14, 166. 67, to be used to pay off' and discharge the first encumbrance in an equal principal amount. The sale and transfer by the corporation of the properties which are the subjects of the first and sec(:nd options shall be and are made dependent upon the corporat'Lon 's ability to arrange with the holders of the second encumbrance for the removal of such encumbrance from said properties, and 'instead shall be made a first lien upon the real property which is the subject of the third option, and the date of payment of principal thereof extended to be on or before December. 310 1946. 369 The second option expiring December 31, 1945, shall be for the purchase of: The remainder of said Lot 26, viz: the Westerly 280 feet thereof, and also the easterly 220 feet of Lot 25, in the tract above described; for the sum of I7, 000. , less credit at the rate of p15 per share for such number of shares of the corporation 's stock as the City may, at the time of exercising the op- tion, transfer to the corporation for cancellation, nlus interest at the rate of 4 per cent , per annum from July 1, 1944, on the net amount outstanding, thus computed. The third option expiring December 31, 1946, shall be for the purchase of: The 'remainder of said Lot 26, viz: the Westerly 440 feet thereofc , and all other property of said club with exceptions above stated. Upon exercising; the respective options, real and personal properties -which are the subjects thereof shall be trans- ferred free and clear, excepting that the realty shall be subject to the existing leases hereinbefore referred to and also to restrictions, reservations, easements and rights of record, and taxes from July 1 , 1944, but free of other encumbrances. having In consideration of its/been allowed the use of all the property from July 1, I944, the City will accept the property which is the subject of the second and third options, subject to taxes due on or after July 1, 1944. The resolution recites further commitments, as follows: The property and assets of the corporation to be leased to the City with options to purchase for the said considerations and in accordance with the terms and provisions of an agree- ment of lease and option to be drawn in substantial conformi- ty thereto ; and ,In accordance with Section 343, Civil Code of California, the corporation officers are authorized and directed to take such steps as they may deem necessary or proper to produce the ap- proval of the principal terms of the transaction and the nature and amount of considerations by vote or written consent of the shareholders of the corporation entitled to exercise a majority of the voting power- on the proposal; and Upon procuring such approval, the corporation's officers are authorized and directed to act in behalf of the corporation in effecting such lease and option, and also sale. A copy of the minutes of the special meeting of the board of directors of the Palm Springs Field Club, held November 20, 1944 - wherein the resolution embodying the offer above described is set forth in full, was filed with the City Clerk. The Mayor thereupon offered a motion that the City enter into this lease and that the first option be exercised. The -discussion of the question which followed included a state- ment by Councilman Turonnet that by such action (as that proposed in the Mayor ' s motion) the City Council, in the face of the re- sults of the recent election, would be inviting, a lawsuit which would leave the City faced with an injunction and eventually with- out the Field Club property. Councilman Adams stated that, since there had been an agreement to abide by the vote of the people, to now ignore the legal requirement that the issue be decided by a two-thirds vote of the people was unfair to the constituency. 370 In answer to a charge 'of be_Lnr on record as opposed to: further leasing of the Field Club property„ the Mavor s-tated that he now felt that the election returns had shown a majority,* of the people definitely in favor of the proposition; that . in view thereof he had offered his motion, and thereupon called for a second. His motion was seconded by Councilman Hyde, and as Resolution No. 1579 of the City Council was adopted by the following vote, to wit: Ayes: Councilmen McCann, Hyde, Allen and Mayor Therieau Noes : Councilmen Nichols, Adams and Turonnet Absent: None There being no further business, on motion by Councilman McCann seconded by Councilman Allen, the meeting adjourned. f City Clerk MINUTES OF A REGULAR PASTING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held December 6, 1944 The , City Council of the City of Palm Springs held a meeting in the Council Chambers, known as No. 810 North Palm Canyon Drive, in said city, on Wednesday, December 6, 1944, at 7:30 o 'clock p. m. , the said day being the first Wednesday of said month of December. The meeting was called to order by Mayor Therielau, who 'presided. Roll Call: Present: Councilman C . P. Adams Councilman &?aurice McCann' C`'ouncilman C . A. Hyde Councilman Armand V. Turonnet Mayor Eugene E. Therieau City Manager R. M. Sorum ' City Attorney Roy IN. Colegate City Clerk Louise vcCarn = 'Absent: Councilman Culver Nichols Councilman W. Z . Allen Draft ofthe minutes of the meeting held November 21, 1944, having been previously 'distributed amoung the Council, was presented, approved and ordered copied in the Minute Book. C 013TNIC ATI ONS: An application was read from Mrs . Harriet Cody, as the owner and lessor of the premises known as Noncommissioned Officers Club, - 133_Highway 111, for retroactive approval of dancing conducted there by the Club. Mr. Louis B.- Minter, attorney for, appli- cant, present in chambers, addressed the Council, stating that it is, the purpose of his client, to obtain an expression from the Council as to whether the nonconforming rights to dancing in the premises named , (existing of record to June , 1943) had been perpetuated through the dancing conducted there by the NCO Club through 1943 and 1944. The premises are in Zone C-1, where restaurants , are permitted only without dancing, except where a nonconforming right , such as in this instance, has been established. He further stated that it is his 371 client 's desire to, if possible, have this right declared per- petuated so that same would run with a lease contemplated with tenants who wish to engage in the restaurant business at the location named providing dancing is: permitted on the premises ; further that the NCO Club lease will expire December 15, 1944; therefore that Council action on the application in this meeting is desirable and necessary to his client 's purpose . During the discussion which followed the City Attorney re- viewed the procedure whereby nonconforming rights are per- petuated pursuant to the provisions of Land Use Ordinance No. 75; and it developed that the NCO Club had, as set forth in the statement of the club 's president and manager attached to Mrs. Cody 's application, been dancing at regular intervals over the years 1943-44 throughout the club 's tenancy; that such dancing had been without Council permission except for three dances during December 1942 and January 1943, which were permitted, - fee waived, since the club is unincorporated and operated exclusively for servicemen. Councilman McCann expressed himself as being opposed to going on record as voting for charging the NCO Club fees for dancing, even though dancing in the Club had been without council per- mission, and offered a motion that fees for dancing there since January 1943 be waived. The motion was lost for want of a second. Councilman Turonnet offered a motion to refer Mrs . Cody 's ap- plication to the proper committee for report and formulation of a policy in similar situations in the next council meeting. The Mayor stated that it was doubtful whether a similar situation would everarise ; that, as Mr. Minter had indicated, Mrs . Cody required an immediate expression from the Council. Mr. Minter indicated that his client was willing to undertake payment of any reasonable amount fixed by the Council as fees covering dancing in the, NCO Club during 1943, providing the payment of such fees would contribute toward accomplishment of her purpose. The motion was lost for want of a second . Whereupon, on motion by Councilman Hyde, seconded by Council- man Turonnet, Resolution No. 1580 of the City Council, granting Mrs . Cody'a request for continuance of the noncon- forming right to dancing in the premises known as 133 Highway 111; provided, however, that there must first be filed with the City Clerk an application by the NCO Club, signed by its proper_ officers, for dancing by the Club during 1943 and 1944, such application to be accompanied by a fee of $150 covering said dancing, was adopted by the following vote, t0 wit: Ayes : Councilmen Adams, McCann, Hyde, Turonnet and Mayor Theriesu Noes : None Absent : Councilmen Nichols and Allen A letter was read from the Secretary of the Planning Commission, informing the Council that the Commission had considered the application of Leo Paquette for permission to conduct a used- car business indoors in his Valley Garage, 308 North Indian Avenue, and recommending that the Council by resolution de- I termine the conduct of such business at said location to be no more obnoxious or detrimental than similar businesses permitted in Zone C-2, provided that all sales be made in- ' doors and that no care or merchandise ever be displayed out-of-doors . And on motion by Councilman Turonnet, seconded by Councilman Mc Conn,Resolution No. 1581 of the City Council, granting such permission, with the proviso, as recommended by the Planning Commission, and instructing the City Clerk to so notify applicant, was adopted by the following vote, to wit : ,j72 Ayes : Councilmen Adams , McCann, Hyde,Turonnet and Mayor Therieau Noes: None Absent: Councilmen Nichols and Allen An application was read, from the Racquet Club, for dancing weekly throughout the balance of the season. In view of the omission of the $5 application fee, and to proceed in line with established' policy, on 'motion by Councilman Turonnet,seconded by Councilman Adams, Resolution No. 1582 of the City Council, ' instructing the City Clerk to notify applicant that the Council would only consider the application when the $5. fee had been paid; further that the dancing license fee would be 110 per cent. , or $3.30 per dance, and tabling consideration of the application until receipt of the 05 fee thereon, was adopted by the following vote, to wit: Ayes: Councilmen Adams, McCann, Hyde, Turonnet and' Mayor Theriesu Noes : None Absent Councilmen Nichols and Allen A letter was read from the western Rodeo Association, pro- posing to rent the Field Club property from the City for 'rodeo and horse-racing purposes in January or February of 1945. The City Attorney advised that the Council is presently without the right to entertain such..a proposal since the option to purchase the Field Club property has not been taken up. The Mayor stated that he and the City Manager are considering formulation of a policy of operation of the Field Club prop- erty in the event of the City 's purchasing the property;that the City Manager had stressed the necessity for establishment of a definite policy as to ,such operation; with that in-mind that he would refer the proposal to the Boards and Commissions Committee and the City Manager - to meet and work out such a ' policy. The City Clerk 'was instructed to notify the Associa- tion of the statue of the matter. Councilmen Turonnet re= quested to be placed of record as definitely opposed to any arrangement for use of the property on a percentage basis . REPORTS The City Manager presented report and recommendations as follows : 1. Reported the employment of two fulltime firemen and recom- mended approval of ,salaries to them, as follows : (a ) Jackson Ingham Jr., employed as of November 23, 1944 at a salary of i185 per month. On motion by Councilman McCann, seconded by Councilman Hyde, Resolution No. 1583 of the City Council, approving payment of such salary, was adopted by the following vote, to wit:- Ayes : Councilmen Adams, McCann, Hyde, Turonnet and ,Mayor Theriesu Noes : None Absent: Councilmen Nichols and Allen (b ) Irvin C . Ritter, employed as of December 1, 1944, at a salary of $185 per month. On motion by Councilman I Hyde, seconded by Councilman McCann, Resolution No. 1584 of the City Council, approving payment of such salary, was adopted by the following vote, to wit: Ayes : Councilmen Adams, McCann, Hyde, Turonnet and Mayor Theriesu Noes : None Absent: Councilmen Nichols and Allen 373 2. Suggested that, to facilitate the handling of such matters , where he fills a personnel vacancy for which a salary has pre- viously been allocated and approved and where the salary to be paid the new employee is not in excess of the approved alloca- tion, Council approval by resolution - such. as for the two firemen next above mentioned - be dispensed with. The City Attorney gave it as his opinion that, when operating under the City Manager ordinance as the City is presently, and pursuant to which the City Manager is authorized to employ or discharge 1 any city employee (with one or two exceptions ), Council ap- proval of payment of allocated salaries was unnecessary; and advised that if the City Manager would hereafter include mention of such matters in his report to the Council and re- quest ratification of the report, .such ratification (mention- ing the date of the report ) would, suffice. He added that this would facilitate operations and avoid action by resolution in these instances - which had probably ,only continued as a matter of course, from the time prior to operation under city manage- ment . 3. Recommended approval of payment to Waste Disposal employees for overtime worked during November, as follows : To Frank Britton $20 and to Phil Godinez, Tony Godinez, A. Velesquez and Ramon Estrada each $15.00: On motion by Councilman Turonnet, seconded by Councilman Hyde, Resolution No. 1585 of the City Council, approving such payment, was adopted by the following vote, to wit: Ayes : Councilmen Adams, McCann, Hyde, Turonnet and Mayor Therieau Noes : None Absent : Councilmen Nichols and Allen 1 The City Attorney here commented that, being a disbursement recommended in addition to payroll allocation, this payment by way of extra compensation required council approval by the re- solution adopted. .4. Reported. that the local Girl Scouts Troup contemplated a benefit sale shortly and recommended approval thereof. On motion by Councilman Turonnet , seconded by Councilman Adams, Resolution No. 1586 of the City Council, approving the sale, under any arrangements therefor made with the City Manager, was adopted by unanimous vote. Letters were read from the Secretary of the Planning Commis- Sion, reporting on applications for permission to operate businesses, as follows : (a ) re Application of B. T. W. Harris to conduct a Wood- yard on the Indian Reservation (Section 14 ) : That, since the property is located in the "Unclassi- fied" Zone, the Commission could take no action. Whereupon on motion by Councilman Adams, seconded by Councilman Turonnet, Resolution No . 1587 of the City Council, denying Mr . Harris permission to conduct the Woodyard at the location named, and instructing the City Clerk to so notify applicant, was adopted by unanimous vote. (b ) re Application of R. P. Look-wood, Cathedral City, for — permission to establish a frozen food looker plant on Lot 2, Vista Santa Rosa Tract (in building just north of Stone 's Juice Bar, 509 South Indian Avenue ) : That such use of the premises described would be no more obnoxious or detrimental to the welfare of the particu- lar community than other or similar enterprises speci- fically enumerated as permissible in Zone C-1, as defined by Land Use Ordinance No. 75, providing,however, that said business shall be conducted only for the use of individual consumers, in a manner similar to food markets and other retail businesses and not as a commercial cold storage plant-, ,and recommended that the Council so determine by resolution. On motion by Councilman_ Hyde,second- ed by Councilman Turonnet, Resolution No. 1588 of the City Council, granting applicant 's request upon the terms recom- mended by the Planning Commission, and instructing the City Clerk to so notify applicant, was adopted by the following vote, to wit Ayes : Councilmen Adams , McCann, Hyde and Turonnet Noes: None Not voting by reason of representing, in his private practice, parties in interest in litigation Involving applicant: Mayor Theriesu Absent:Councilmen Nichols and Allen The following reports were presented, examined and ordered filed with the City Clerk: for October-November, from Fire Chief; for November, from Police Department, and Treasurer; City Clerks Fund Statement as of December 6, 1944. In the absence of ChIrman Nichols , Public Works Committee, report on suggested changes in the subdivision ordinance was tabled. The Mayor stated that a survey of the city for recreational locations and for expression on the subject of recreational policy would be presented in the form of a committee report at a later meeting. Councilman McCann, Chairman of the Boards and Commissions Committee (having to do with Recreation ), announced that it was the committee 's intention to seek out suitable loca- tions for parks and playgrounds, to interview every representa- tive group of citizens for views on recreational policy; and to present a consensus of these opinions to the council with stretches showing the suggested locations of parks and playgrounds; also stated there would be no expense involved in this survey- and report . UNFINISHED BUSINESS: . re Field Club Lesse and 0 tion - the City Attorney advised that he had a ease w c e een prepared in exactly the same form as the previous leases, on the property, plus the option provisions ; that the document should be executed only after the Council was fully advised as to its terms, and then by a specific resolution referring to the lease an6 option, and approving and directing Its execution in the form submitted. He offered to read the docu- ment in full. Councilman Adams stated that, in view of the , forth- coming survey by the Boards and Commissions Committee, above mentioned, the matter of execution of the lease and option should wait upon the survey and report. Councilman McCann stated that the survey would consume months. Mayor Theriesu, supported by Councilman Hyde, favored withholding action until the next council meeting. Whereupon the Mayor directed the City Clerk to furnish each member of the Council with a copy of the leans and option for study in advance of the next meeting. NEW BUSINESS: A register of demands was presented, examined and approved by the Finance Committee (Councilman Hyde acting as Chairman in the absence of Chairman Allen) and on motion by Councilman ,Hyde, seconded by Councilman McCann, , claims and demands numbered PR-970 through PR-1023 and 5577 through 5625 were approved and ordered paid by warrants drawn, on the City Treasurer,, by the following vote, to, wit : Ayes : Councilmen Adams, McCann, Hyde, Turonnet and Mayor Theriesu Noes: None Absent: Councilmen Nichols and Allen 375 _ The City Clerk 's Certificate No . 19, covering the following transfer of funds : To the Payroll Fund - from the General Fund $4808.56, from the Street Fund $440.33 and from the Waste Dispossl Fund $1293 .53 - a total of $6542.42; and from the General Fund - to the Street Fund $2000. , and to the Library Fund $700. , was presented, examined and approved by the Finance Committee and on motion by Councilman Hyde, seconded by Councilman McCann, ordered certified by the City Clerk to the City Treasurer, by the following vote, to wit : Ayes : Councilmen Adsma, ' McCann, Hyde,Turonnet and Mayor Theriesu Noes : None Absent: Councilmen Nichols and Allen Bob Dart, a member of the High School Student Body, present in Chambers, was called upon by the Mayor and addressed a request to the Council for aid to the students in obtaining a location suitable for their recreation, same to be main- tained and operated by students, with adult supervision by teachers and parents . The Mayor informed him that efforts now directed toward such a project - which he has under con- sideration with the City Manager - are about to result in something which they are hopeful will solve this problem. Councilman McCann addressed the Council in a tribute to Allen Hall, whose death in the South Pacific had Just come as a tragic shock to his parents and many friends in this, his home town. Councilmen Adams supplemented these remarks with the statement that memorial services had been conducted at the Torhey General Hospital where the boys mother is an highly esteemed employee . There being no further business, on motion by Councilman McCann, seconded by Councilman Hyde, and unanimously carried, the meeting adjourned to Wednesday, December 20, 1944, at 7:30 o 'clock p.m. L� �, LOUISE McCARN City Clerk MINUTES OF ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS Held December 20, 1944 The City Council of the City of Palm Springs, California, held a meeting in the Council Chambers, known as No . 810 North Palm Canyon Drive, in said city on Wednesday, December 20, 1944, at 7 :30 o 'clock p.m. , pursuant to adjournment of the meeting of December 6, 1944. The meeting was called to order by Mayor Therieau. Roll Call: Present: Mayor Eugene E. Therieau City Manager R. M. Sorum Absent : Councilman Culver Nichols Councilman C. P. Adams Councilman Maurice McCann Councilman C. A. Hyde Councilman W. Z. Allen Councilmen Armand V. Turonnet 37 b a There being no quorum present, Mayor Theriesu, -by public an- nouncement, adjourned the meeting to Friday, December 22, 1944, at 7:30 o'clock p.m. R. m. SORUM, City .Manager acting as City Clerk pro tam MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF PALL SPRINGS Held Friday, December 22, 1944 The City Council of the City of Palm Springs held a meeting In the Council Chambers, known as No. 810 North Palm Canyon Drive, in said city on Friday, December 22, 1944, - at 7:30 o'clock p.m., pursuant to adjournment of the meeting hold December 20, 1944. The meeting was called to order by Mayor Therleau, who pre- sided. 'Roll Call: Present: Councilman Culver Nichols Councilman Maurice McCann Councilman C. A. We Councilman W. Z. Allen Councilman Armand V. Turonnet I Mayor Eugene E. Theriesu- City Manager R. M. Soram , City Attorney Roy W. Colegate . City Clerk Louise MCCarn Absent: Councilman C. P. Adams COMMUNICATIONS: Applications for dance permits were presented and acted upon, as follows : 1. By Mr . Louis Thompson, La Cite, for permission to have a private dance this week in connection with a Christmas party he is giving his employees. Discussion developed that, this being a location where no dancing had been conducted previously, a temporary permit from the Chief of Police was out of order; further there was a differ- ence of opinion as to whether an application fee should be charged, the majority favoring continuance of the practice of waiving the fee where the dance is private regardless of the necessity in this case for inspection_ as to safety and other requirements. Councilman Turonnet offered a motion that the, permit be granted subject to City Manager approval as to safety and other requirements after due inspection,, application fee to be paid because of the expense incurred in con- nection with Inspection. Councilman McCann offered a second to the motion, with the amendment that the application fee be waived, in keeping with the established practice where the dance is private. 377 Councilman Turonnet objected to the amendment and after further discussion the Mayor instructed the City Clerk to take a poll; with the result that the motion stood as seconded and amended, by the following vote, to wit: Ayes: Councilmen Nichols, McCann, Hyde, Allen andMayor Therieau Noes : Councilman Turonnet Absent: Councilman Adams Whereupon Resolution No. 1589 of the City Council, on said motion and second, granting permission for the dance, subject to- City Manager approval, and with the application fee waived, was adopted by the following vote, to wit : Ayes: Councilmen Nichols, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent : Councilman Adams 2. By Deep Well Ranch, for private dance New Yearla Eve . On motion by Councilman Allen, seconded by Councilman McCann, Resolution No. 1590 of the City Council, granting permission for said dance, subject to required City Manager approval after inspection , fee waived, was adopted by the following vote, to wit : Ayes : Councilmen Nichols, McCann, Hyde, Allen, - Turonnet and Mayor Therieau Noes : None Absent: Councilman Adams 3 . By the Racquet Club, for nightly dancing through the season, 1 this application having been previously presented - applica- tion fee now paid. On motion by Councilman Nichols, seconded by Councilman Hyde, Resolution No. 1591 of the City Council, granting permission for said dancing subject to required City Manager approval after inspection, and on payment of the required 110 per cent, license fee ,(pursuant to previous council action on this application), was adopted by the ,fol- lowing vote, to wit: Ayes : Councilmen Nichols, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilman Adams i 4. By the NCO Club for nightly dancing through 1943 and 1944, with payment of 4150 fee fixed by action of the Council; Resolution No. 1580, adopted in meeting of December 6,1944. 0n motion by Councilman Allen, seconded by Councilman Nyde, Resolution No. 1592 of the City Council, approving the is- suance of permit to NCO Club for 1943 and 1944, pursuant to council action under said Resolution No . 1580, was adopted , by the following vote, to wit : Ayes : Councilmen Nichols , McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes: None Absent: Councilman Adams 5. By Hugo Codeba and Steven Stephen@ dba Latin Quarter (former- ly NCO Club ), 133 Highway 111, for nightly dancing commencing on or shortly after January 1, 1945 - when operation of restaurant commences . s This application was referred to the Public Safety Committee, to confer with the City Manager and present report and re- commendation as to this application, in the next meeting. An application was read from the Agent for the Los Angeles Times, for permission toinstall a mailing stand on the side- walk in front of Lykken 's Department Store, to accommodate people mailing the annual Midwinter Times - indicating this to have been an established practice since 1934, and with the consent of the previous and also the present owner of the store. On motion by Councilman Turonnet, seconded by Councilman Nichols, Resolution No. 1593 of the City Council, granting permission as requested, was adopted by unanimous vote. , Notices were read from the State Board of Equalization, as follows : 1. Covering an application for on-sale beer license by Joe L. Coleman et al dbe Cottage Delicatessen at i30 North Palm Canyon Drive, where a restaurant is con- ducted in connection with the delicatessen. The Mayor expressed the view that this was no more a proper place for such a license than is a drugstore where food is served to diners . Discussion developed a majority opinion in favor of the license in connection with a, delicatessen combined with a restaurant and no action was taken on the application. 2 . Covering application for transfer of on-sale distilled spirits (seasonal) and on-sale beer-and-wine licenses from E. E. $olsted dba Cue Club at 185 Andreas Road to George L. Strebe' dba' Zanzibar at same address .No action. REPORTS: Put over to next meeting. UNFINISHED BUSINESS: Lease and Option-Field Club property.- else put over to next meeting. .NEW BUSINESS: A register of demands was presented, examined and approved by the Finance Committee and on motion by Councilman Allen, seconded by Councilman McCann, claims and demands numbered PR-1024 and PR-1025 and 5626 through 5632 were approved and ordered paid by warrants drawn on the City Treasurer, by the following vote, to wit : Ayes: Councilmen Nichols, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: Councilman Adams The City Clerk's Certificate No. 20, covering the following fund transfers: To the Payroll Fund, from the General Fund, $93.33, from the Street Fund $83.09 and from the Waste Dis- posal Fund t13 .84 - a total of $190.26, was presented, examined and approved. by the Finance Committee .and on motion by Councilman Allen, seconded by Councilman Hyde, approved and ordered certified by the City Clerk to the City Treasurer, by the following vote, to wit: Ayes : Councilman Nichols , McCann, Hyde, Allen, Turonnet and Mayor Therieeu Noes : None Absent : Councilman Adams There being no further business , on motion by Councilman Hyde, seconded by Councilman McCann, and unanimously carried, the meeting adjourned to Wednesday, December 27, 1944, at 7.30 M o 'clock p.m. �,, (i_, „ !LOUISE McCARN City Clerk 379 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, Held Wednesday ; December 27, 1944 1 The City Council of the City of Palm Springs held a meeting In the Council Chambers known as No. 810 North Palm Canyon Drive in said city on Wednesday, December 27, 1944, at 7:30 o'clock p.m. , pursuant to adjournment of the meeting held December 22, 1944. The meeting was called to order by 'Kayor Therieau, who pre- sided. Roll Call: Present: Councilman Culver Nichols Councilman C. P. Adams Councilman Maurice McCann Councilman C. A. Hyde Councilman W, Z. Allen Councilman Armand V. Turonnet Mayor Eugene E. Therieau City Manager R. M. Sorum City Attorney Roy W. Colegate City Clerk Louise McCarn Absent: None Drafts of the minutes of the meetings held December 6 and December 20, 1944, having been previously distributed among the Council, were presented, approved and ordered copied in I _ the Minute Book. COMMUNICATIONS: An application for a dance permit was read, for a New Year 's Eve dinner dance, by the Palm Springs Hotel, application fee and license fee paid. On motion by Councilman Turonnet, seconded by Councilman McCann, Resolution No. 1594 of the City Council, granting the permission, subject to City Manager 's approval after inspection, was adopted by the following vote, to-wit : Ayes : Councilmen Nichols, Adams, McCann, Hyde, Allen, Turonnet and Mayor Therieau Noes : None Absent: None REPORTS: The City Manager stated that he had nothing to report except to' invite all present to attend a meeting in the Council Chambers the following evening Thursday, December 28, 1944, at 7:45 o'clock p.m. , when Mr. E. P. Jones , State Department of Public Works Nighway Division Right-of-Way Engineer, and probably Mr. B. A. Switzer, District Traffic Engineer, would 1 address those present on the subject of highway routing in connection with the proposed limited access highway formerly referred to as the "cut-off, " and which had been recently discussed in an open meeting here with which all present were familiar; that he was also inviting the members of the Planning Commission and the members of the Chamber of Commerce Highways Committee, as well as private individuals and property owners known to be interested in the subject. The Mayor joined with the City Manager in urging attendance at the meeting. The Humane Officer 's report on City Pound operations for Nov- ember was presented, examined and filed with the City Clerk. 380 Committee Reports : The Boards and Commissions Committee - Chairman McCann stated that the survey of reerea ona ovations and recommendation as to recreational policy would be forthcoming soon. The Public Works Committee - Chairman Nichols stated that his committee was pass ng a ong to the City Manager the matter of making recommendations for such changes in the current sub- division regulation ordinance as are deemed advisable. The Public Safety Committee - Chairman Hyde: Not prepared to report on investigation or Latin Quarter premises as , to- eligi; bility for dance permit because building alterations not yet completed. The minutes of the Welfare and Friendly Aid Associstio : Health en er Board meeting or BoveMber , , were read, - examined and filed with the City Clerk. UNFINISHED BUSINESS: IIS Re Lease and o tion - Palm S rings Field Club r er e City ttorney stated that, in conformity with Resolution No. 1579 of the City Council, whereby the offer of the Club 's board of directors was accepted by the Council, it would now be necessary for the Council, by formal resolution, to act upon execution of the lease ; and by another resolution, act upon the option -, all members of the Council being familiar with terms of the lease and option, copies of which had been distributed among the Council, previously. A form of resolution was then read by the City Clerk,reciting the acceptance of said offer (embodied in Resolution No.1579 above mentioned) and determination that , the first option in said offer - which expires December 31, 1944, should be exer- cised; formally accepting the offer and authorizing and directing the Mayor and City Clerk to execute the agreement of lease ( in form approved by the City Attorney), P 7- ments upon and-on account of said lease to be made from the City's general fund. And on motion by Councilman Hyde, seconded by Councilman Allen, said resolution, being No. 1595 of the City Council, was adopted by the following votep to wit : Ayes : Councilmen McCann, Hyde, Allen and Mayor Therieau Noes : Councilmen Nichols, Adams and Turonnet Absent : None Here Councilman Turonnet voiced criticism of the terms of the 'lease and option above referred to: that in his opinion the terms are higher than those embodied in the proposition sub- mitted to the voters in the recent special election - $2 higher for rent plus several hundred dollars in taxes ;" , further the City is presently offered the least valuable third of the property for the highest price - assuming that the City will be given club corporation stock worth $7500 at the time of the purchase under the second option; in the event the second option should not be exercised the City might well find itself in the position of having paid over $1000 per acre for almost bare desert land. He compared the rental of $833 .33 on the club properties, July 1 to November 30, '1944 with the terms of the second option requiring payment of interest and taxes commencing duly 1, 1944 - which would result in an obligation for six months ' interest on the unpaid balance of .the purchase price if the option is taken up December 31, 1944. And if the majority of the Council remains determined to pur- chase the property„ Councilman Turonnet offered the following suggestion as a counter to the terms now offered: That the " City reject the first option, and instead offer to purchase the property "now fenced in - approximately 30 acres - at a price of $27, 166.67;" payments to be amortized over 20 years ' plus interest a four per cent per annum on unpaid balance, commencing from date of purchase - with privilege of making 381 extra payments on any anniversary due date. This counter- proposition he based on the published statement of the clubs-,president that a more liberal payment plan might be achieved through extension of time forpayments; which, he- felt, .indicated a willingness for perhaps an extension of time over twice or three times as long a period as recited in thepresent agreement. And offered a motion, embodying the suggestions above quoted. Councilman Adams inquired as to a plan for management of the property in event of purchase. The Mayor, speaking for him- self. he said, expressed the opinion that, although it is for the Council to decide upon- a policy, the City Manager would properly be in charge of the management and should employ such personnel in connection with the maintenance, management and operation of the property and recreational programs there as he might deem advisable and expedient. Councilman Turonnet expressed the view that 30 acres would be ample for the City's purposes . Councilman Hyde expressed the view that an additional 10 acres would be essential to the ideas which he had in mind. Councilman Nichols expressed him- self still opposed to the purchase of the property. Councilman Turonnet 's motion was lost for want of a second. Here.-the City Attorney advised with regard to further procedure in connection with the lease and option of the Field Club property:That further council action by resolution would be necessary on the option expiring December 31, 1944 and Council- man Turonnet offered a motion seconded by Councilman Adams that the optionto purchase, as of December 31,- 1944, be rejected until such time as more favorable terms of purchase might be arranged. This motion failed of passage, by the following vote, to wit: Ayes : Councilmen Nichols, Adams, Turonnet Noes: Councilmen McCann, Hyde, Allen and Mayor Therieau Absent : None Whereupon a resolution was read by the City Clerk: reciting the action taken under Resolution No . 1595, whereby the lease and option agreement was approved in the form submitted and the Mayor and City Clerk authorized and directed to execute said instrument for and on behalf of the City; referring to the three separate options to purchase (embodied in said lease and option agreement ), the first of which options expires December 31, 1944, and describing the property covered by said first option, naming the purchase price therefor of $14, 166.67 cash, lawful money of the United States ; reciting the provision of said instrument, that the respective options shall be exercised by council resolution, a certified copy of which resolution shall be mailed, registered mail, to the lessor, plus a deposit of #1000 in escrow to apply on the purchase price of said real and personal property (described In said option) ; further that the balance of the purchase price for the property constituting the subject of the first 1 option shall be paid upon Lessor furnishing the required title to and conveyances of said real and personal property, re- citing the basis for the action taken by the resolution and declaring that the City's indebtedness or liability upon the exercise of said option and purchase will not exceed the in- come and revenue provided for the current year; and declaring that the said first option is by said resolution exercised L and accepted according to the terms of said written instrument; the City Clerk being authorized and directed thereby to mail, registered mail, postage prepaid, a certified copy of said resolution to the Club; and authorizing and directing the Mayor and City Clerk to deposit $1000 in escrow to apply on the purchase price of said real and personal property and to exercise for and on behalf of and in the name or the City the necessary escrow instructions in accordance with the terms of said- lease and option agreement and this resoltuion; further that the balance of the purchase price shall be paid through . the said escrow upon the Club 's furnishing the required title and conveyance of the real and personal property and authoriz- ing and directing the Mayor, City Clerk and City Treasurer to execute and deliver, the necessary city warrants for the afore- said purposes, drawn on the City's general fund; and authoriz- ing 'and directing the Mayor and City Clerk to do all necessary acts and execute such instruments as may be necessary to carry out and complete the exercise of said option and' purchase of said property which, is the subject of said option. Councilmen Nichols and Turonnet voiced objection to the state- ment in the resolution that "the Council believes it is to the beat interests and advantage of the City . . . that the said option , be exercised ." because such was not their belief. They were informed that the majority of the Council, however, does so believe.' And on motion by Councilman McCann, seconded by Councilman Hyde, said resolution, being No. 1596 of the City Council, . approving, authorizing and directing the exercise of the option expiring December 31, 1944, and the execution of all necessary instruments etc . to complete the transaction de- scribed in said resolution, was adopted by the Following vote, to wit: Ayes : Councilmen McCann, Hyde, Allen and Mayor Therieau ' Noes : Councilmen Nichols , Adams and Turonnet Absent : None Re O'Donnell gift deed and the 99-year lease to which the property described-nt the deed is subject: The City Attorney advised that the matters heretofore discussed informally with all members of the Council, and which had been the subject of ✓ conferences with Mr . O 'Donnell 's counsel with a view to such 3o revision of the language of the lease, as would protect the City from commitments for taxes and assessments over the 99 years in a total amount for any one year which might in that year exceed the amount of rental payable under the lease, had now been taken care of; that the language of the lease had been so revised as to accomplish the protection of the City against the contingency mentioned. No read the lease as presently re- vised and, with the assistance of the Mayor and Councilman Nichols, checked the property descriptions against the maps attached with the deed. In answer to a question on the subject, the City Attorney gave it as his opinion that the provisions of the lease, where- by the lessee has the privilege of selling and dispensing alcoholic beveragea,_ in 'the leased premises, could never 'be invoked against the City in an attempt to break down the City's zoning requirements, applicable to property located in the same zone as the leased premises . With regard to the segregation of taxes : those for which the I City, under the deed, will become liable, from taxes on other parcels of the O 'Donnell property, and which are now levied es against one parcel - it was the Mayor's opinion that re- cordation of the deed would automatically adjust that matter, future statements to the City covering only the property described in the deed. The City Attorney advised that the lease could 'be cancelled only for nonpayment of rent. 383 The Mayor then read the gift deed and the letter of trans- mittal presented with the gift deed and lease. And the City Attorney gave it as. his opinion that the deed requirement - - that all moneys received by the City from the property are to be used exclusively for public purposes would necessarily mean 11net income; " that the requirement that when the property ceases to be used as a golf course it be used by the City for "public purposes" would mean purposes such as parka and only after the property shall have ceased being used as a golf links and golf club; further, that the property could be used for profit provided such use was for "public purposes" only. Mere the City Clerk read a letter from the Planning Commission advising that the Commission in its meeting of December 27, 19440 had considered the City's acceptance of the ,proffered deed of gift from Mr . O'Donnell, covering the golf course property, which was read and exhibited in said meeting; that the Commission, after consideration of the matter, by resolu- tion determined that the location, character and extent of said property - having in mind its use for a golf course during continuance of the existing lease and thereafter by the City and its successors for a public park and other public purposes- are satisfactory and meet with the approval of the Commission, which recommends to the Council that said deed be accepted. A resolution was then read by the City Clerk, reciting: the tender by Mr. Thomas A. O'Donnell to the City of a deed of gift dated December 27, 1944, covering the real property com- prising the O 'Donnell Golf Course situated within said city and more particularly described in said deed; the fact that said property is presently subject to a lease by the grantor ( in- said deed) as lessor, in favor of The O 'Donnell Golf Club, a corporation,lessee - which lease is dated December 28_, 1944 with modifications dated December 26 and 27, 1944, a true executed copy thereof accompanying said deed and being filed with the City Clerk; that said deed provides by its accept- ance thereof that the City agrees, upon termination of said lease, to at all times keep and maintain said property for a public park or for other public purposes only; that all in- come received by the City under said lease or from said property shall be used only and exclusively for public pur- poses; , that there are no other conditions in said deed; ,that in the event lessor's expenditures required under the article of said leave entitled "Taxes and Assessments" or in con- nection with said leased premises in any one year should exceed the rental of $3000 per annum, the lessee shall pay such additional, expenditures; that there are no further obligations upon the lessor under said lease; that, accord- ingly, the City's liability upon said lease will not in any year exceed the income provided by the lease; that the City Planning Commission has approved and recommended the location, character and extent of the said property for acceptance by the City; that the Council, being advised, believes it for the best interest and advantages of this community that said deed be accepted subject to said lease and subject to the conditions of the deed; that the Council, pursuant to the provisions of an Act of the Legislature (Statutes 1881, p.2 ) is granted power and authority to accept the said gift for lawful public pur- poses and to hold and dispose of same, as well as the income thereof, according to the , terms of ,said deed; that the City shall and does by said resolution accept the said deed of gift subject to the existing lease and subject to the pro- visions of said deed; further authorizing and directing the City Clerk to forthwith certify a copy of said resolution, attaching same to the original deed and causing both to be placed of record with the County Recorder of Riverside County; authorizing and directing the Mayor to forthwith express to Mr. O'Donnell the Council's appreciation for his kindness and interest in the community. JAIN 3 1945 On motion by Councilman Nichols, seconded by Councilman Allen, said resolution,�eina No. 1597 of the City Council, accepting said deed of gift subject to said lease and to the conditions of said deed, and authorizing and directing the doing of all things and execution of all documents necessary to Complete said transaction, was adopted by the following vote, to wit: Ayes: Councilmen Nichols, Adams, McCann, Eyde, Allen, Turonnet and Mayor Theriesu Noes : None Ab,aent: None And on motion by Councilman Turonnet, seconded by Councilman Adams, Resolution No. 1598 of the City Council, declaring that said property just accepted by Resolution No. 1597 'of the City Council shall be perpetually known as the "Thomas A. OfDonnell Municipal Park," was adopted by unanimous vote. There being no further business , on motion by Councilman Turonnet, seconded by Councilman Hyde, and unanimously carried, the meeting adjourned. LOUISE McCARN City Clerk MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY, OF PALM SPRINGS ' Held January 3, 1945 The City Council of the City of Palm Springs , California, held a special meeting do the, Council .Chambers , 810- North Palm Canyon Drive, in said city, on Wednesday, January 3, 19459 at 5:00 ofeloek, p.m.,, pursuant to call by the lonerable Eugene E. Theriesu, Mayor, dated January 2, 1945. The meeting was called to order by Mayor Theriesu, who presided. Roll Call: Present: Councilman Culver Nichols Councilmen Maurice McCann Councilman W. Z. Allen Councilman Armand Y. Turonnet Mayor Eugene E. Theriesu City Attorney Roy W. Colegate City Clerk Louise McCarn Absent: Councilman C. P. Adams Councilman C.A. Hyde City Manager R. M. Sorum The call by the Mayor was read, as follows : I "CALL AND NOTICE FORA SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS "NOTICE is hereby given that I, the undersigned Mayor of the City of Palm Springs, do hereby call a special meeting of the _ City Council of the City of Palm Springs, California, to be held at 5:OO o 'clock p.m. , Wednesday January 3, 1945, in, the Council Chambers, No. 810 North Palm Canyon Drive, in said