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HomeMy WebLinkAbout1976-09-09MINUTES CITY COUNCIL MEETING SEPTEMBER 9, 1976 CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Mayor Brush called the meeting to order at 7:10 p.m. on Thursday, September 9, 1976, in the City Hall Council Chambers. II. PLEDGE - Councilman Jim McPherson III. INVOCATION - Mayor Pro-Tempore Ed Mullins IV. ROLL CALL Present: Councilman McPherson Councilman Mullins Councilman Newbrander Councilman Seidler Mayor Brush Also Present: Martin J. Bouman, Acting City Manager Paul A. Williams, Director of Environmental Services Hunter T. Cook, City Engineer David J. Erwin, City Attorney V. CONSENT CALENDAR A. MINUTES of the August 24, 1976, Special City Council Meeting. Rec: Approve as presented. B. MINUTES of the August 26, 1976, City Council Meeting. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 8-5 and 9-1. Rec: Approve as presented. D. LETTER from Desert Peoples United Endorsing the Proposed Sign Ordinance for the City of Palm Desert. Rec: Receive and file. E. APPLICATION for Alcoholic Beverage License by Patricia J. & Terry H. GOMES and Marvin A. MARTINS for SHY TOWN PIZZA, 72-795 Highway 111, Space 1, Palm Desert, California. Rec: Receive and file. Councilman Newbrander moved and Councilman Mullins seconded to approve the Consent Calendar as presented. Motion carried unanimously. September 9, 1976 Page 1 VII. PUBLIC HEARINGS A. CONTINUED CASE ZOA 02-76 - SIGN ORDINANCE: Consideration of a New Sign Ordinance for the City of Palm Desert, co,., tinued from July 22, 1976. Mayor Brush indicated that it was Council's intent to con- tinue the hearing to the meeting of October 14, 1976, but that if anyone in the audience wished to be heard, they might speak. MR. GEORGE KRYDER, 44-580 San Pablo, Palm Desert, addressed Council as President of the Chamber's Retail Merchants' Association. Mr. Kryder requested that he receive a copy of the next proposed sign ordinance so that his group might review it in advance of the public hearing. Staff was directed to furnish Mr. Kryder with the infor- mation. Councilman McPherson moved and Councilman Mullins seconded to continue the Public Hearing to the meeting of October 14, 1976. Motion carried unanimously. VIII. RESOLUTIONS A. RESOLUTION NO. 76-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING CONSENT TO THE EXERCISE OF EXTRA -TERRITORIAL JURISDICTION TO UNDER- TAKE PROCEEDINGS FOR THE ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS. (CITY OF INDIAN WELLS SEWER ASSESSMENT DISTRICT NO. 4, PROJECT 1975-1.) Mr. Bouman explained that this was a procedural resolution which give the City of Indian Wells permission to conduct some work in the streets of Palm Desert in order to complete a sewer construction project for the residences of their City. It was staff's recommendation that this resolution be adopted with the addition of the wording "and no portion of the lands to be assessed to pay the costs and expenses thereof is incorporated territory within said City" to the end of Paragraph 3. Councilman McPherson moved to waive further reading and adopt Resolution No. 76-114 with the recommended amendment. Councilman Seidler seconded the motion; carried unanimously. IX. ORDINANCES For Introduction: None For Adoption: None X. CONSENT ITEMS HELD OVER None XI. CONTINUING BUSINESS None XII. NEW BUSINESS A. CONTRACT for Landscaping El Paseo Between San Luis Rey and Portola. Mr. Bouman explained that the Redevelopment Agency had accepted the project as complete at its last meeting and that the City was now being asked to accept the landscaping for maintenance. September 9, 1976 Page 2 Councilman Seidler asked whether or not the City knew how much more the maintenance was going to cost now that the new landscaping was in. Mr. Cook indicated that he did not have that figure but that he would report this at a future meeting. Councilman Newbrander stated that she wished to go on record as recommending that future landscaping be less elaborate, thus less costly to maintain. Councilman Newbrander moved and Councilman Mullins seconded to approve the City's acceptance of the project for maintenance. Motion carried unanimously. (B.) Councilman Seidler stated that an item had been approved at the last Planning Commission meeting concerning a CUP for KMIR Television Station - known as CUP 08-76. He indicated that he felt it should be reviewed by Council Mr. Williams pointed out that this would require a public hearing for Council review and therefore, adequate time should be allowed for legal publications, etc. before it was placed on the agenda. Councilman Seidler moved that the Council formally review CUP 08-76 at the October 14, 1976, meeting of the City Council. Councilman Mullins seconded the motion; carried unanimously. XIII. OLD BUSINESS A. ANNEXATION NO. 3 - Consideration of a Request from Mr. Richard DuBois for Annexation to the City of Palm Desert. Mr. Williams outlined the proposed annexation and dis- cussion ensued. Mr. Williams indicated that he had received a letter from Mr. Richard Coffin regarding the annexation of his property directly adjacent to the property proposed for annexation. Council decided that Mr. Coffin's letter would be discussed at a later point in the agenda. Councilman McPherson moved and Councilman Newbrander seconded to authorize the City Manager to file an application for annexation with LAFCO and approve City Council Resolution No. 76-74; motion carried unanimously. Councilman McPherson moved and Councilman Mullins seconded to initiate prezoning from County R-1-12,000 to SI and OS, or other appro- priate zones. Motion carried unanimously. B. CASE TT 6229 - MARRAKESH - TIME EXTENSION: Request for a One (1) Year Time Extension On Those Unfinished Phases of TT 6229, Located at the Marrakesh Country Club. Mr. Bouman stated that at the request of the City Engineer, Staff would like to defer action on this item until two or three considerations had been investigated. Council so agreed to continue the matter. C. CASE TT 5554 - SILVER SPUR ASSOCIATES, APPLICANT: Request for Release of Sewer and Water Bonds Only for TT 5554, Located at the Ironwood Country Club (Bond No. 80645887 and No. 80645888). Mr. Bouman advised that the County had notified the City that all requirements had been met and the the sewer and and water bonds only could be released. Resolution No. 76-116 authorized the release of the sewer and water bonds only. September 9, 1976 Page 3 Councilman Mullins moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 76-116. Motion carried unanimously. D. CONTRACT for Resurfacing 13 Streets and Reconstruction of Avenue 44 and Portola. Mr. Bouman advised that the overlay of the subject 13 streets in accordance with plans and subsequent inspection had been completed. The cost had been within the budget and the project was ready for acceptance by the City. Councilman Seidler asked about the restriping of the streets in areas where this overlaying had been done, particulary by the schools. Mr. Cook advised that this was being done by the County as our maintenance. •agency and should be com- pleted within the next week. Councilman McPherson moved to: 1) Accept the work on behalf of the City. 2) Instruct the City Clerk to file a Notice of Completion. 3) Instruct the City Clerk to release the bonds thirty- five (35) days after Notice of Completion has been filed, as required by law. Councilman Mullins seconded the motion. The motion carried unanimously. Councilman Newbrander moved and Councilman Mullins seconded to adjourn the City Council meeting and convene the Redevelopment Agency meeting. Motion carried unanimously. Mayor Brush adjourned the Council meeting at 7:50 p.m. Mayor Brush reconvened the City Council meeting at 8:00 p.m. in City Hall Council Chambers. E. ALESSANDRO DRIVE PROJECT Mr. Bouman stated that with the action taken by the Redevelopment Agency, it was his recommendation that Council adopt a similar 4-part motion. Councilman Newbrander moved to: 1. Accept the work on behalf of the City. 2. Instruct the City Clerk to file a Notice of Completion. 3. Instruct the City Clerk to release the bonds thirty- five days after Notice of Completion had been filed, as required by law. 4. Accept the project for maintenance by the City. Councilman Mullins seconded the motion. The motion carried unanimously. XIV. ORAL COMMUNICATIONS MR. JOHN CONTE, 75-716 Burro Lane, addressed Council representing KMIR. He indicated that if Council delayed action on his applica- tion to the meeting of the 14th of October, he would be unable construct his building on time. His penalty for remaining in the building he was presently occupying would be $10,000 per day, every day after the deadline of his lease. He urged Council to reconsider. September 9, 1976 Page 4 City Attorney Dave Erwin pointed out that this subject must be a Public Hearing and therefore required legal advertising of 10 days prior to the hearing. After further discussion, it was determined that if the legal advertising were placed imme- diately and Council adjourned their next meeting to a specific date, the matter could be held earlier than October 14th. Councilman Seidler indicated that it was their intent to have this hearing at the earliest possible time. He suggested recon- sidering the earlier motion. Councilman Seidler moved to change the date of October 14, 1976, made in the earlier motion to the earliest possible opportunity including the possibility of adjourning the next Council meeting to a Special meeting. Councilman Mullins seconded the motion; carried unanimously. XV. REPORTS AND REMARKS A. City Manager None B. City Attorney Mr. Erwin advised Council that legal advertising could be placed in time to have Council adjourn their meeting of September 23, 1976, to September 29, 1976, for the hearing on KMIR TV. He further advised that Mr. Conte should be notified in writing if this action was taken. Staff was so advised to notify Mr. Conte if this action was taken. C. Mayor and City Council Councilman McPherson expressed concern about people not adhering to the speed limits in the school areas and asked that the Sheriff's Department be advised and requested to better patrol those areas. Mr. Bouman stated that he would notify the Sheriff's Department. Councilman Seidler introduced Mr. Richard Coffin's letter to Mr. Paul Williams. Mr. Williams read the letter for the record (copy attached to the minutes). Discussion ensued. Councilman Seidler moved that the City Council authorize the Mayor to write a letter to Mr. Coffin indicating our acceptance of his proposal to have Mr. Williams, Director of Environmental Services, sit on his Design Review Board and assist him in any way we feel is appro- priate and to accept Mr. Coffin's offer to discuss annexation with us in the future and to assist in any other annexations, taking up those items at the appropriate time. Mayor Brush seconded the motion. Motion carried with the following vote: XVI. AYES: NOES: ABSENT: ABSTAIN: McPherson, Mullins, Seidler & Brush Newbrander None None ADJOURNMENT Councilman McPherson move the meeting; carried unanimously. 8:30 p.m. ATTEST: SHEILA R. GILLIGAN, Actig City Clerk rri1man Seidler seconded to adjou Mayor Brush adjourne meeting NOELL---- . B USH , MAYOR September 9, 1976 Page 5