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HomeMy WebLinkAbout1981-04-09MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 9, 1981 CITY HALL COUNCIL CHAMBERS * * * * * * i, 'i: * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:00 p.m. on Thursday, April 9, 1981, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tem James E..McPherseon III. INVOCATION - Mayor S. Roy Wilson IV. ROLL CALL Present: Mayor Pro-Tem James E. McPherson Councilman Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Carlos L. Ortega, Assistant City Manager Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE BY CITY COUNCIL For The Ensuing Year. Mayor Wilson turned the meeting over to City Clerk, Sheila Gilligan. Mrs. Gilligan reminded Council that nominations do not require a second and unless otherwise requested, a roll call ballot would be taken. Further, if there was more than one nomination, by instruction of the City Attorney, a roll call ballot would be taken in reverse order of nomination. She declared the nominations open for the office of Mayor. Councilman Newbrander nominated Councilman Roy Wilson for a second term as Mayor. With no further nominations, Mrs. Gilligan declared the nominations closed and entertained a motion that a unanimous ballot be cast in favor of Councilman Wilson. Councilman McPherson moved and Councilman Snyder seconded to cast a unanimous ballot in favor of S. Roy Wilson for the office of Mayor. Motion carried 4-0-1 with Councilman Wilson ABSTAINING. Mrs. Gilligan declared S. Roy Wilson Mayor of Palm Desert. Mrs. Gilligan declared the nominations open for the office of Mayor Pro-Tem. Councilman McPherson nominated Walter Snyder. Councilman Puluqi nominated Alexis Newbrander. With no fur- ther nominations offered, Mrs. Gilligan declared the nominations closed. April 9, 1981 Page 1 MINUTES REGULAR CITY COUNCIL MEETING -* * * * * * * * * * * * * -* * * * * * * :' :': * * * * ., * ,. * * * V. AWARDS, PRESENTATIONS, AND APPOINTMENTS (Continued) A. (Continued) Mrs. Gilligan noted that a roll call ballot would be taken in reverse order of nomination and called for the vote for Alexis Newbrander. The following votes were cast: AYES: Newbrander, Puluqi, Snyder, Wilson NOES: McPherson ABSENT: None ABSTAIN: None Mrs. Gilligan declared Alexis D. Newbrander Mayor Pro-Tempore of Palm Desert. B. APPOINTMENT OF MEMBER TO THE BUILDING BOARD OF APPEALS & CONDEMNATION To Fill The Expired Term of Mr. Paul White (5-Year Term). With the unanimous concurrence of the Council, Mayor Wilson reappointed Mr. Paul White to the Building Board of Appeals & Condem- nation for a five-year term. C. APPOINTMENT OF MEMBER TO THE DESIGN REVIEW BOARD To Fill The Vacancy Created By The Resignation Of Mr. Eric Johnson. With the unanimous concurrence of the Council, Mayor Wilson appointed Mr. Ron Gregory to the Design Review Board. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of March 26, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 81-093 and 81-094. Rec: Approve as presented. C APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Charlie P. & Joseph Vetrano tor Palm Desert Liquors, 74-121 Highway 111, Palm Desert, CA. Rec: Receive and file. D REQUEST FOR APPROVAL OF ASSESSMENT DISTRICT NO. 81-2 (SILVER SPUR RANCH). Rec: Approve the petition submitted by the property owners and authorize the Director of Public Works to retain bond counsel, design and assessment engineer. E REQUEST FOR APPROVAL OF ASSESSMENT DISTRICT NO. 81-1 (PALM DESERT PROPERTY OWNERS ASSOCIATION). Rec: Approve the petition submitted by the property owners and authorize the Director of Public Works to retain bond counsel, design and assessment engineer. F REQUEST FOR APPROVAL OF CONTRACT NO. 1034 - SAN PASCUAL CHANNEL CONSTRUCTION. Rec: Approve the request and authorize the City Clerk to advertise and call for bids. April 9, 1981 -- Page 2 MINUTES REGULAR CITY COUNCIL _—ETING VI. CONSENT CALENDAR (Continued) G. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT NO. 17041, DAME CONSTRUCTION COMPANY, APPLICANT. Rec: Waive further reading and adopt Resolution No. 81-53, approving the Final Map for Tract No. 17041. Councilman McPherson moved and Councilman Newbrander seconded to approve the Consent Calendar as presented. Motion carried unanimously. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CASE NO. GPA 01-80, CITY OF PALM DESERT, APPLICANT: CON- SIDERATION OF APPROVAL OF GENERAL PLAN UPDATE FOR THE CITY OF PALM DESERT. (Continued from meeting of March 26, 1981.) Mayor Wilson noted that the Public Hearing had been closed at the meeting of March 26th. Mr. Diaz reviewed the Staff Report in detail, indicating that on referral from City Council, the Planning Commission had reviewed the dual designation of public parks and the resort commercial designation at their meeting of March 21, 1981. The Commission unanimously supported staff's original recommendation for dual designation of public parks and residential. The Commission felt that due to the limited number of times the City can amend the General Plan per year, the dual designation is important. Because of interest in long-term impacts of the resort commercial designation, the Commission wished to have additional time to study the entire resort commercial issue. According to City Attorney Dave Erwin, the Council can adopt the General Plan indicating that the resort com- mercial site as depicted in the amended 1975 General Plan is still under study. Therefore, Staff's recommendation was to waive further reading and adopt Resolution No. 81-40, approving the General Plan Update with the exception of the resort commercial designation. Mr. Diaz pointed out that consideration of the resort commercial would be held at the Council Meeting of May 14th at which time the Planning Commission recommendation will be made. Considerable Council discussion followed relative to approval of the dual designation. Councilman McPherson stated his preference for concurring with Staff's recommendation in that it would allow a more comprehensive review of the resort com- mercial designation at.the meeting of May 14th. Councilman Puluqi stated that it was his preference to delete the dual designation from the General Plan completely. Upon question by Mayor Wilson, Mr. Diaz responded that three General Plan Amendments were allowed in a one-year time period. However, the likelihood of three amendment requests was minimal. Councilman Snyder moved and Councilman McPherson seconded to waive further reading and adopt Resolution No. 81-40 as presented. Motion carried on a 4-1 vote with Councilman Puluqi voting NO. April 9, 1981 Page 3 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * n .. J` * :C iC * * * * * * * * * * * * * * * * * * * * * * * * * VIII. PUBLIC HEARINGS (Continued) B. CASE NO. TT 13881, DAME' CONSTRUCTION COMPANY, APPLICANT: CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE SUB- DIVISION MAP (PHASES III AND IV OF AN EXPIRED TENTATIVE TRACT MAP) TO ALLOW 294 DWELLING UNITS ON APPROXIMATELY 111 ACRES WITHIN THE PR-5 (PLANNED RESIDENTIAL, MAXIMUM 5 D.U./AC.) ZONE LOCATED ON THE WEST SIDE OF PORTOLA AVENUE AND NORTH OF THE WHITEWATER STORM CHANNEL. (Continued from the Meeting of March 26, 1981.) Mayor Wilson noted that the Public Hearing was still open. Mr. Diaz reported that this matter had been continued to allow staff time to meet with the applicant to resolve the disagreement relative to one of the conditions relating to drainage. He pointed out that additional information had been presented to the staff and to the City Attorney. However, adequate time had not been allowed for staff or the City Attorney to review it. Therefore, the applicant was requesting a further con- tinuance to the meeting of April 23rd. Councilman Snyder moved and Councilman Puluqi seconded to con- tinue the matter to the meeting of April 23, 1981. Motion carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 81-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 81-20, ESTABLISHING TABLE OF CLASSIFIED POSITIONS AND SALARY RANGE ASSIGNMENTS FOR CITY EMPLOYEES, BY ADDING ONE NEW CLASS TITLE. Mr. Bouman reported that this resolution was prompted by a termination in the Department of Building and Safety. It was staff's recommendation that the position vacated, which was Inspector 1, be replaced by the position of Inspector Trainee. This resolution and the next one, Resolution No. 81-55, would add the position of Inspector Trainee to the City's list of positions and would also authorize recruitment for that position. Councilman Newbrander moved to waive further reading and adopt Resolution Nos. 81-54 and 81-55. Councilman Snyder seconded the motion. Motion carried unanimously. B. RESOLUTION NO. 81-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 81-21 AND THUS ESTABLISHING A REVISED TABLE OF AUTHORIZED POSITIONS FOR THE 1980/81 FISCAL YEAR. Action taken under Item "A" of this section. X. ORDINANCES For Introduction: A. ORDINANCE NO. 254 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING TO SECTION 5.04.160 OF THE CODE OF THE CITY OF PALM DESERT, PERTAINING TO REVOCA- TION OF LICENSE CERTIFICATES. Mr. Bouman reported that this ordinance came as a result of a request by the Code Enforcement Supervisor. Currently, when the City issues a business license, it is valid for one full year, regardless of whether or not the applicant conforms to conditions of the license. There is no way of rescinding the license if the business is not being April 9, 1981 Page 4 MINUTES REGULAR CITY COUNCIL _..ETING if * .: :C .. l: * x i'C c k lc * 7`: * iY ., * * X. ORDINANCES (Continued) For Introduction (Continued): A. (Continued) properly conducted. This ordinance, which has been pre- pared by the Code Enforcement Supervisor and approved by the City Attorney, would make it possible for the City to rescind a license due to nonconformance. Councilman Puluqi stated concern relative to the wording of the ordinance, particularly the wording "upon receiving satis- factory evidence that the licensee thereof has violated any provision of other laws". Mr. Erwin stated that the wording could be changed for clarification and recommended passing the ordinance to second reading as amended. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and pass Ordinance No. 254 to second reading as amended. Motion carried unanimously. For Adoption: A. ORDINANCE NO. 253 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, RELATIVE TO THE REGULATION OF HOME OCCUPATIONS. CASE NO. ZOA 01-81. Mr. Bouman reported that this was the second reading of the ordinance and that no further input had been received. Councilman McPherson moved and Councilman Snyder seconded to waive further reading and adopt Ordinance No. 253. Motion carried unanimously. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B Mr. Bernard Solomon, 73-185 Irontree Street, Palm Desert, addressed the Mayor with respect to a letter requesting Council's consideration of permitting him to incorporate a savings and loan building in their new conceptual plan now being designed (said letter attached and made a part hereof as Exhibit "A"). Staff was directed to take the letter under consideration and make a future recommendation to the City Council. April 9, 1981 Page 5 MINUTES REGULAR CITY COUNCIL MEETING XVI. REPORTS AND REMARKS A. CITY MANAGER 1. ORDINANCE NO. 255 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING THE 1979 EDITION OF THE UNIFORM FIRE CODE. Mr. Bouman stated that Council had received this ordinance prior to the Council meeting for their review. Said ordinance would adopt the 1979 edition of the Uniform Fire Code with certain deletions and amendments which would make the City's Fire Code more restrictive than the Uniform Fire Code. He recommended passing the ordinance to second reading. Councilman Newbrander moved and Councilman Snyder seconded to waive further reading and pass Ordinance No. 255 to second reading. Motion carried unanimously. 2. RESOLUTION NO. 8-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, STATING THE CITY'S OPPOSITION TO A MUSICAL ROCK FESTIVAL IN THE ANZA AREA. Mr. Bouman stated that the proposed resolution had been presented to the City Council during Study Session and came at the request of the Sheriff's Department as well as the County Board of Supervisors. The resolution dealt with a proposed rock festival which has been planned in the Anza area. The request had been denied at one time by the County. The proponents are now pro- ceeding with their plans and would hold it on Indian land. The County has asked for our support in opposing the festival on the grounds that it would create numerous problems for the City of Palm Desert inasmuch as our City lies on the Highway route to the festival. Staff recommended approval. Councilman Puluqi moved and Councilman Snyder seconded to waive further reading and adopt Resolution No. 81-56. Motion carried unani- mously. B. CITY ATTORNEY - None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the future meetings as listed on the Agenda. XVII. ADJOURNMENT Councilman McPherson moved and Councilman Puluqi seconded to adjourn the meeting. Motion carried unanimously. Mayor Wilson adjourned the meeting at 8:10 p.m. ATTEST: SHEILA R. GILLIGAN, CITX CLERK CITY OF PALM DESERT, MLIFORNIA TWI1,40 �IQ ; "k&YOR April 9, 1981 Page 6 MINUTES REGULAR CITY COUNCIL MEETING * :C :: * * :'C * n 7'C * * * * * * • C :: iC * * :C n * i'r k *C .. :ti * * EXHIBIT "A" !2cTEfOf2m/2t dom%2-a ng March 31, 1981 y 1 , City Council City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Reference: Case No. DP-07-80 Location: Highway 111 Near Deep Canyon Gentlemen: Our development plan which was rejected February 26, 1981 included a site for a Savings and Loan Building. The Savings and Loan is an important integral part of our resort hotel complex. We respectfully request that you permit us to incorporate this in our new conceptual plan now being redesigned. It is our understanding that the ordinance may be modi- fied to accommodate this or you may approve by inter- pretation. Your consideration will be greatly appreciated. Very/ truly yours, 41 Bernard Solomon BS/rmm April 9, 1981 3140 EAST WILLOW STREET LONG BEACH. CALIFORNIA 90806 PHONE 426-1389 ' Page 7