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HomeMy WebLinkAbout1981-08-131 i MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 13, 1981 CITY HALL COUNCIL CHAMBERS * * .. .. * .. .. :f .. .. * * :f Jf * :f * * * * is * * :: .. .. .. I CALL TO ORDER Mayor Wilson called the Regular Meeting of the Palm Desert City Council to order at 7:00 p.m. on Thursday, August 13, 1981, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Puluqi III. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tem Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Councilman James McPherson Carlos L. Ortega, Assistant City Manager Jeff Patterson, Deputy City Attorney Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul E. Byers, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE OF APPRECIATION TO ROBERT R. McLACHLAN, Former Planning Commissioner. Mayor Wilson announced that Dr. McLachlan had been unable to make the meeting and that the presentation would be continued until a meeting in September. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of July 23, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos 82-013, 82-014, 82-015, 82-016, 82-017, and 82-018. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR MONTH OF JUNE, 1981. Rec: Receive and file. D. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT #13881-3, DAME CONSTRUCTION COMPANY, APPLICANT. Rec: Waive further reading and adopt Resolution No. 81-113, approving the Final Subdivision Map and Standard Subdivision Agreement for Tract #13881-3. August 13, 1981 Page 1 MINUTES REGULAR CITY COUNCIL ML.-PING VI. CONSENT CALENDAR (Continued) E. REQUEST FOR RELEASE OF FAITHFUL PERFORMANCE BOND AND ACCEPTANCE OF MAINTENANCE BOND FOR TRACT 13236, CLIFF SWANSON, APPLICANT. Rec: Accept the offsite improvements as complete and authorize the City Clerk to release the Faithful Performance Bond with the acceptance of a one-year Maintenance Bond. F. REQUEST FOR ACCEPTANCE OF WORK ON CONTRACT NO. 1040, SAN PABLO SURFACE DRAINAGE IMPROVEMENTS. Rec: Accept the work as complete and authorize the City Clerk to file a Notice of Completion. G. REQUEST FOR ACCEPTANCE OF WORK ON CONTRACT NO. 1041, CROSS GUTTERS AT SAGE STREET & LUPINE LANE AT SOUTH FRONTAGE ROAD. Rec: Accept the work as complete and authorize the City Clerk to file a Notice of Completion. H. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT #16942-1, TRANSCOPIC DEVELOPMENT CORP., APPLICANT. Rec: Waive further reading and adopt Resolution No. 81-114, approving the Final Subdivision Map and Standard Subdivision Agreement for Tract #16942-1. Mr. Ortega stated that the Ciy Engineer had requested that Item "E" be removed from the Consent Calendar until such time as sufficient maintenance bonding has been made. Councilman Newbrander moved and Councilman Puluqi seconded to approve the Consent Calendar as presented with the exception of Item "E". Motion carried unanimously. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. REQUEST FOR CONFIRMATION OF ASSESSMENTS ON PROPERTY OWNERS FOR ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Wilson declared the Public Hearing open and asked for the Staff Report. Mr. Ortega reported that before the City can levy any lien against a parcel, the Council must pass a resolution assess- ing the per parcel amount. He requested that the following parcels be omitted from Exhibit "A" of the resolution inas- much as they have been paid: Parcel #621-383-053-1 Parcel #627-184-016-5 Parcel #627-321-014-6 Parcel #k627-341-001-6 Parcel #627-351-001-7 Parcel ##627-351-002-8 Mayor Wilson invited input from the audience, and none was offered. He declared the Public Hearing closed. Upon motion by Newbrander, second by Puluqi, Resolution No. 81-115 was unanimously adopted as amended. i MINUTES REGULAR CITY COUNCIL MEETING :�f J * * J.* �' * J * :*fi�f :�f Jf Jf *�f cif :f f :ti % i. * ..f if * .. .. .. .. •.. :f .. .. .. * * :f IX. RESOLUTIONS A. RESOLUTION NO. 81-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLU- TION NO. 80-142 PRESCRIBING CONSTRUCTION PERMIT AND PLAN CHECK FEES. Mr. Ortega reported that this resolution had been submitted by the Director of Building & Safety who was currently on a leave of absence for illness. He noted that it was clari- fication of a previous ordinance that had been passed. He added that the only change would be for the charge for appeals to the City Council from the Building Board of Appeals & Condemnation in that they would be raised from $10 to $50. It was felt that this would discourage frivi- lous appeals. Councilman Snyder inquired as to whether other cities imposed this type of fee, and Mr. Ortega responded that this fee, along with other building fees, had been compared to other Coachella Valley cities in a survey prepared for Council several months prior, and the fee was in line with other cities. Councilman Puluqi stated his concern that raising the fee from $10 to $50 would discourage the appeal process and prevent some individuals from appealing because they could not afford it. Councilman Snyder moved to continue this matter until the next Council meeting to allow time for discussions with the Director of Building & Safety in an effort to determine whether the fee is proper and feasible. Mayor Wilson seconded the motion; the following votes were cast: AYES: NOES: ABSENT: ABSTAIN: Snyder & Wilson Newbrander & Puluqi McPherson None Deputy City Attorney Jeff Patterson noted that in a tie vote, no action is taken and the item automatically appeared on the next Agenda. B. RESOLUTION NO. 81-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONSENTING TO HOLD A JOINT PUBLIC HEARING ON PROPOSED REDEVELOPMENT PLAN, AS AMENDED, AND DIRECT PUBLICATION AND MAIL NOTICE. Mr. Ortega stated that the Council would recall that at the last Agency Board meeting, the Board had consented to a joint hearing with the City Council and directed the Secretary of the Agency to publish notice of said hearing. This resolu- tion would adopt concurrent action by the City Council and direct the City Clerk to take the same steps in proper publi- cation of the public hearing. Upon motion by Newbrander and second by Snyder, Resolution No. 81-117 was unanimously adopted. C. RESOLUTION NO. 81-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR A CHANGE OF ORGANIZATION KNOWN AS "PALM DESERT ANNEXATION NO. 13", PURSUANT TO SECTION 35140 OF THE STATE GOVERNMENT CODE. Mr. Diaz reported that this resolution would begin the annexation process with LAFCo. He noted that the property was generally bounded by Country Club Drive on the south, I-10 on the north, Portola Avenue on the west, and Cook Street on the east. It consists of 1,496 acres. He stated August 13, 1981 Page 3 MINUTES REGULAR CITY COUNCIL MEETING .. �. * .. .. :C :: .. .. .. .. is :: * * .. .. :: .. .. :�: .. .. :: :: .. :: .. :: .. .. :C :: .. .. .. .. .. IX. RESOLUTIONS (Continued) C. RESOLUTION NO. 81-118 (Continued) pre -zoning on the property had been completed at a previous Council Meeting and that Staff recommended adoption of this proposed resolution. Upon motion by Snyder, second by Puluqi, Resolution No. 81-118 was unanimously adopted. D. RESOLUTION NO. 81-119 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE A PORTION OF DE ANZA WAY AT SAN GORGONIO WAY UNDER THE PROVISIONS OF PART 3, DIVI- SION 9, OF THE STREETS AND HIGHWAYS CODE, AND FIXING TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PROPOSED VACATION. Mr. McClellan stated that the proposed street vacation would permit the development of a proposed health club facility within the areas shown in Exhibit "A" of the resolution. He noted that a new street alignment including curbs and gutters were installed at this location approximately 2 years ago. As a result, an unused triangular area of land, approximately 8,000 sq. ft. adjacent to the property, was left as public right-of-way. The approved Conditional Use Permit proposes to use a portion of the unused right-of-way for parking and thus requires the City's vacation. He concluded his staff report by noting that -the resolution for adoption merely set a time and place for public hearing at which time all public input would be received. Upon motion by Snyder and second by Newbrander, Resolution No. 81-119 was unanimously adopted. X. ORDINANCES For Introduction: A. ORDINANCE NO. 268 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ISSUING A NON-EXCLUSIVE LICENSE TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE. Mr. Ortega reported that this was a request from the Sunrise Corporation asking that they be granted a non-exclusive fran- chise to operate an antenna cable operation. He noted that there had been extensive study on the subject and that in accordance with the existing franchise, there was no reason the Council could not issue another franchise to a second organization. He pointed out, however, that concern had been expressed by members of the Council after having received information from the existing cable company during Study Session. Therefore, the decision was strictly up to the Council with no Staff recommendation at this time. Mayor Wilson stated that considerable discussion had been carried on during Study Session, and he invited input from anyone now in the audience who wished to speak on the matter. MR. JACK DAHLSTRUM, Sunrise Corporation, addressed Council stating that it was his understanding from Study Session that the item would be continued for further review. However, he urged Council to hear the matter in its entirety at the earliest possible time. He pointed out that they had develop- ment schedules and installation schedules that required approval or disapproval of this capital expenditure. MR. DEAN COLE, 74-110 Catalina Way, Palm Desert, inquired as to whether this service would be available to all residents of Palm Desert or just to the Lakes project? August 13, 1411 Pa PP 4 i MINUTES REGULAR CITY COUNCIL MEETING i�: i�: J: is i�: n �: is n .. .. iti iC iC .. .. n .. .. * .. .: .. :C :: * * i'C is .. .• .. :: J: :: i 'f X. ORDINANCES (Continued) For Introduction: (Continued) A. ORDINANCE NO. 268 (Continued) Mayor Wilson responded that the proposed cable installation was only for the new Lakes development. MR. DAHLSTRUM again addressed the Council and stated that it was their intention to offer this service only to their new development at this time. However, he noted for the record that he would continue listening to complaints. MR. JOE BENES, Coachella Valley Television, addressed Council stating their concurrence with a continuance for further study. Mayor Wilson stated that during discussion in Study Session with both parties, it was felt that more specifics --more input from a professional standpoint was needed. He said that the Planning Staff had given some background on the general concept. However, Council needed as much information as was possible. Councilman Snyder stated this matter was of extreme importance to the people of Palm Desert. He knew of many complaints and felt that perhaps with this decision, improvements could be made on both sides. MR. DAHLSTRUM again addressed Council requesting that any infor- mation that C.V.T.V. presented to Council for review also be given to them so that they would have an opportunity to prepare a proper and timely response. He also urged that Council not continue the item for longer than 30 days. Councilman Puluqi suggested that both parties meet in the interim to see if mutual agreement could not be reached. Upon motion by Snyder, second by Puluqi, the item was unanimously voted for continuance to the Council Meeting of September 10, 1981. For Adoption: A. ORDINANCE NO. 266 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 8.29 OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A DEVELOP- MENT FEE FOR FIRE PROTECTION FACILITIES AND EQUIPMENT. Mr. Ortega stated that no further input had been received since the first reading of the ordinance. Upon motion by Snyder, second by Puluqi, Ordinance No. 266 was unanimously adopted. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS t , None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None August 13, 1981 Page MINUTES REGULAR CITY COUNCIL MI.L-i ING , .. iX J: .. * �. )�: i. .. .. i. .. i�: is i'C .. V i�: .. i�: i� i. .. is .. �. * * * * * * :C * .. .. k �: XVI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Snyder stated that Council had appointed himself and Councilman Puluqi to attend meetings with our two sister cities, Rancho Mirage and Indian Wells, to better form police and fire protection service. He said that a Joint Powers Agree- ment had been written which would provide for better protection with paramedics and the fire department. He pointed out that Indian Wells City Council had approved not only the Agreement but the appointment of two of their Council to serve on a Fire Commission at their last meeting. He now requested that the City. Council of Palm Desert approve not only the two members as Fire Commissioners but also the Agreement. Mayor Wilson noted that he had not seen the Agreement and therefore had not reviewed its contentsand inquired as to whether it could be approved in concept at this time with the appointment of the two members as Fire Commissioners. Councilman Snyder concurred. Mayor Wilson also noted that in approving the Agreement in concept, the Agreement would ,have to come back to the City Council for final approval. Councilman Snyder. moved to approve the Joint Powers Agreement in concept, designating himself and Councilman Puluqi as members of the Fire Commission, and when the Agreement was approved by Staff and the City Attorney, it would be forwarded to the Council for final approval. Councilman Puluqi seconded the motion; carried unanimously. Mayor Wilson asked that everyone note the Future Meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Newbrander, second by Puluqi, and unanimous vote, Mayor Wilson adjourned the meeting at 7:45 p.m. OY I2LSON , "MAYOR ATTEST: \4 A // SHEILA R. GILLI-GAN, CITTjY/CLERK CITY OF PALM DESERT, C FORNIA August 13, 1981 Page 6