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HomeMy WebLinkAbout1981-12-03MINUTES ADJOURNED CITY COUNCIL MEETING THURSDAY, DECEMBER 3, 1981 CITY HALL COUNCIL CHAMBERS • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Adjourned Meeting of the City Council to order at 7:00 p.m. in City Hall Council Chambers. II. IV. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder INVOCATION - Mayor Pro-Tem Alexis D. Newbrander ROLL CALL Present: Councilman James E. McPherson Mayor Pro-Tem Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Ramon Diaz, Director of Environmental Services Paul E. Byers, Director of Finance Joe Palomino, Acting Director of Building do Safety V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. A RESOLUTION OF CONGRATULATIONS TO THE NEW CITY OF CATHEDRAL CITY. Mayor Wilson read the resolution and advised that members of the City Council would present the resolution to the Cathedral City Council at one of their future meetings. VI. CONSENT CALENDAR A. MINUTES of the Adjourned Meeting of the City Council of November 19, 1981. Rec: Approve as presented. B. MINUTES of the Adjourned Meeting of the City Council of November 25, 1981. Rec: Approve as presented. C. MINUTES of the Regular Meeting of the City Council of November 26, 1981. Rec: Approve as presented. D. REQUEST FOR APPROVAL of Final Tract Maps from Pacific Coast Builders, Inc., for Tract No. 15000. Rec: Refer to Staff and the City Attorney. MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-052 and 82-053. Rec: Approve as presented. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Paul A. Rayman for THE CAPTAINS, 72-750 El Paseo, Palm Desert. Rec: Receive and file. G.. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jack Orville Wise for WISE PALM DESERT ATHLETIC CLUB, 73-600 Alessandro, Palm Desert. Rec: Receive and file. H. REQUEST FOR RELEASE OF BONDS for Tract No. 12181-1 and -2, Lewis Homes of California, Applicant. Rec: Release the Faithful Performance and Labor & Materials Bonds and accept a one-year Maintenance Bond. I. RESOLUTION NO. 81-151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE CITY CLERK'S DEPARTMENT THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. Upon motion by Newbrander, second by McPherson, the Consent Calendar was unanimously approved as presented. VII. ORAL COMMUNICATIONS - A The following contractors addressed Council on behalf of Mr. James Hill, former Director of Building & Safety, asking that his recent termination of employment be reviewed and attesting to his good character and the excellent job he had done for the City as an employee. 1. Mr. Gershwin Haltman, 39-142 Karen Street, Cathedral City 2. Mr. Charles Miller, Palm Desert 3. Mr. Bill Hanousek, 45-644 Verba Santa, Palm Desert 4. Mr. Jack Hall, 74-166 El Cortez, Palm Desert VIII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST FROM SUNRISE COMPANY FOR THE ISSUANCE OF A NON-EXCLUSIVE LICENSE TO CONSTRUCT, OPERATE AND MAINTAIN A TELEVISION ANTENNA CABLE SERVICE WITHIN A SPECIFIED DEVELOPMENT. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Bouman stated that this matter had been continued for a number of months and hopefully staff had been able to arrive at a recommendation based on facts available. He pointed out that the request for the license dealt with a closed television cable service within the confines of a specific development -- a project known as The Lakes. It contains 500 acres and is proposed to include 1,500 to 1,600 homes. The request is for permission to install their own cable TV service which would include a security system, both of which will be installed in the homes at the time of construction. He noted that the request had been objected to by the existing cable company - CVTV and that the Council had retained the services of a consultant, Mr. Howard Gan of CTIC, to review the issue and make recommendations. Mr. Gan had met with -2- MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Council as recently as the Tuesday evening prior to this meeting and he has reported the results of his investigations and review of the analyses submitted by both sides. Mr. Bouman concluded by stating that it was Mr. Gan's recommendation that the request was fitting and proper and that a license and franchise should be issued to the Sunrise Company so that they can proceed with their planning phase. In that light, Council had prepared a resolution to this effect. Mr. Bouman read proposed Resolution No. 81-157 noting that the final approval of the franchise or license would still have to be made by Council. Mayor Wilson invited input from the applicant. Mr. Jack Dahlstrum, Sunrise Company, addressed Council in favor of the consultant's recommendation and asking that they be allowed input into the preparation of the proposed license or franchise. Mr. Bouman stated they would have no objections to that request. Mayor Wilson invited input either in FAVOR or in OPPOSITION to the request. Mr. Norman Smith, Vice President/General Manager of CVTV, 74-175 El Paseo read a letter in opposition to the request (attached hereto and made a part hereof as Exhibit "A") Mr. Dahlstrum of Sunrise offered rebuttal and questioned whether a microwave as mentioned in Mr. Smith's letter as equipment to improve service would in fact do that inasmuch as he felt it would require antennas on homes to receive the signals, and they would not be permitted in the City. Mr. Smith explained that the signals would be received within their own equipment, not an antenna on a home. With no further input offered, Mayor Wilson declared the hearing Closed. Mayor Wilson stated that this matter had been discussed for many months. Council had brought in a consultant and talked at length to enable them to make the proper decision. Upon motion by Newbrander, second by McPherson, Resolution No. 81-157 was unanimously adopted. Councilman Snyder asked that the input received at the hearing be utilized in the preparation of the agreement to be brought back to Council for approval. B. CASE NO. TT 18165 -GILANO DEVELOPMENT COMPANY, APPLICANT: REQUEST FOR CONSIDERATION OF A ONE -LOT TENTATIVE TRACT MAP AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF 13 CONDOMINIUM UNITS ON 1.118 ACRES WITHIN THE R-2, 8,000 (4) S.P (SINGLE-FAMILY RESIDENTIAL, 8,000 SQ. FT. MINIMUM LOT SIZE, ONE UNIT PER 4,000 SQ. FT. OF LOT AREA, SCENIC PRESERVATION OVERLAY) ZONE, LOCATED ON RYWAY PLACE, 250 FEET NORTH OF GRAPEVINE STREET. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report giving a complete explanation on the different R-2 zoning classifications utilized by municipalities throughout the State and illustrating how Palm Desert's regulations differed from other agencies' regulations. He reviewed the proposed resolution of approval and specifically the facts and justifications found by the Planning Commission in their approval of the Tentative Tract request. Mayor Wilson invited input from the applicant. Mr. Cal Woolsey, 17189 Skypark Circle, Irvine, addressed Council indicating his support of Staff's recommendation and offering to answer any questions. -3- MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Newbrander asked if he would be willing to build 12 units rather than the proposed 13, and Mr. Woolsey responded that they probably would not. Mayor Wilson invited input in FAVOR or OPPOSITION to the request. Mr. Benson, 73-354 Grapevine, Palm Desert, spoke against condominium development in a single-family neighborhood. Mr. Lloyd Carlton, 46-310 Burroweed Lane, Palm Desert, asked if an environmental assessment had been done on the project in that he felt the project would have an adverse impact on flood problems in the neighborhood. He noted he was also speaking on behalf of Mrs. Zur Muehlen who could not be present at the meeting. Mayor Wilson responded that a Negative Declaration had been filed on this project. Mr. Ron Luther, Lake Arrowhead, addressed Council as a property owner in the area being discussed and stated he felt the request was really an approval of a zone change which should only be granted if there was some problem with the property. He stated that any approval should be in the best interest and spirit of the property owners. Mrs. F. G. Grant, 73-350 Grapevine, Palm Desert, spoke in opposition to the project feeling that it was not in keeping with the surrounding area. Mr. Woolsey spoke in rebuttal stating that he had visited many of the neighbors in that area and felt they had mitigated many of the concerns, including those dealing with flood problems. He noted that they had relocated one unit to resolve concerns of two neighbors. He stated that this was not in any way a change of zone in that they were currently within the parameters of the zoning within the General Plan. Mayor Wilson declared the Public Hearing Closed. Councilman McPherson stated that in reviewing an attachment to the staff report, he saw the neighborhood has many condominium developments in it already. He noted there was an ordinance to be considered later in the Agenda prohibiting time-sharing. Councilman Puluqi stated that he felt it would be hard to put 13 units where 5 houses should be. Councilman Snyder stated he realized there has been much discussion on this and that he had personally discussed it with various departments. He felt it a very bad development and not at all compatible with the existing neighborhood and one that would create problems with flooding, density, and height. While indeed it may pass the criteria, he stated it was still a bad development. Councilman Newbrander stated it was very definitely not a compatible development for that area. Councilman McPherson stated he wondered why in the recent revisions in the General Plan and Zoning Ordinance this land had been left zoned as it is. He asked why it was now inappropriate. Mayor Wilson reopened the Public Hearing. Mr. Luther stated he had been at the first hearing of the Planning Commission where the item had been continued and he had not been notified of a second one. Mr. Woolsey stated that the initial hearing was continued for a month to allow him to meet with staff and some of the neighbors to resolve problems. He reemphasized that this was not a zone change and that they had planned 13 units from the beginning. -4- MINUTES AD3OURNED CITY COUNCIL MEETING December 3, MI Mayor Wilson closed the Public hearing. Councilman McPherson pointed out that the request was for approval of a Tentative Tract Mao, not a development plan. The request met with criteria established in the General Plan and therefore should be considered on that basis. Councilman Puluqi responded that an elected official had a moral obligation as well as a legal one. Considerable Council discussion followed relative to why an appeal had not been filed of the Planning Commission decision. Councilman Newbrander advised that one had been, but it was withdrawn at the last minute and the neighbors did not know of its withdrawal. Mayor Wilson asked Mr. Diaz why the site was found "physically suitable for the type of development" and asked if Council could not consider the devlopment plan on this basis. Mr. Erwin responded that Council could consider this. Mr. Diaz asked to go on record that the Planning Commission had purposely continued the item for one month to an evening meeting so that people would find it convenient to attend the meeting and yet none of the questions raised now had been heard at that meeting. He added that the plan, as submitted, had met all requirements that could be assessed to the site. Mayor Wilson asked if it would be appropriate to continue the matter to take a total look at the development plan to see what is being proposed. Mr. Erwin responded this could be done. Councilman Newbrander moved to deny the reequest and direct Staff to prepare a resolution so stating the denial. Councilman Puluqi seconded the motion. Mayor Wilson reopened the Hearing to receive input from the applicant. Mr. Woolsey asked that the Council allow him to address the issue of the development plan or continue the item. Councilman Snyder asked if the matter could be continued. Mr. Erwin responded that the hearing should be reopened and since no one had left the meeting, it could be continued. Mayor Wilson noted he had reopened the hearing. Mayor Wilson stated that in fairness to all, particularly the developer, he would like to see a continuance inasmuch as he did not have enough information on which to base his decision. Ms. Mitsey Bisset, Wacker be Lee, addressed Council stating that she already had 15 people with reservations to buy these units, and they would be very attractive to the neighborhood. Ms. Lois Enders, 73-374 Grapevine, addressed Council and stated their neighborhood was not developed with condominiums, but rather single- family homes. Mr. George Parker, Construction Manager for the developer, addressed Council and stated he would like to have approval as soon as possible but a continuance before a denial. Mayor Wilson declared the Hearing closed and called for the vote on the motion on the floor. The motion was defeated by The -To -Bowing vote: AYES: Newbrander and Puluqi NOES: McPherson, Snyder and Wilson Councilman McPherson moved to reopen the Public Hearing and continue the -5- MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * matter to the meeting of December 17, 1981. Motion carried on the following vote: AYES: McPherson and Wilson NOES: Newbrander and Puluqi ABSTAIN: Snyder The item was automatically continued due to a tie vote with discussion also that an abstention is considered an affirmative vote. * * * * * * * * * * * * * * * * * * * * * * * * * * * * MAYOR WILSON CALLED A 10-MINUTE RECESS AT 8:45 P.M. AND RECONVENED THE MEETING AT 8:55 P.M. * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CASE NO. TT 16292 - W. R. BIERFREUND, M.D., C/O CLINIC SERVICE ASSOCIATES, FORMERLY WATT INDUSTRIES, PALM SPRINGS, INC.L APPLICANT: REQUEST FOR APPROVAL OF A 239 LOT TENTATIVE SUBDIVISION MAP TO ALLOW THE CONSTRUCTION OF 128 SINGLE FAMILY ZERO LOT LINE DWELLING UNITS AND ASSOCIATED RECREATIONAL AMENITIES ON 18.72 ACRES WITHIN THE R-2 (6), S.P. ZONE (SINGLE-FAMILY RESIDENTIAL OVERLAY) LOCATED AT THE NORTHEAST INTERSECTION OF FRED WARING DRIVE AND PALM VALLEY STORM CHANNEL. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report indicating that the request had originally been before the Council in December, 1980, January, 1981, and February, 1981, at which time it was continued indefinitely at the request of Watt Industries. He noted that the current owner is requesting that this matter be considered by the Council at this time. The Planning Commission reviewed the matter at its meeting of December 2nd with the only item of discussion pertaining to Special Condition No. 5 which required the developer to pay one -eighth the cost for widening of the bridge which abuts this property on Fred Waring Drive. Staff and the Commission felt this condition fair inasmuch as a precedent has already been set by requiring participation by the Hahn Company. He concluded by recommending approval by Resolution No. 81-153. Mayor Wilson invited input from the applicant. Dr. W. R. Bierfreund, 1695 N. Sunrise, Palm Springs, addressed Council stating that they would like approval with the deletion of Special Condition 4#5. He noted that Watt Industries had been forced to withdraw due to the costs involved with the bridge construction and that it would place a financial hardship on the new developer who is proposing to build 128 affordable homes. He stated he realized that the Hahn Company was required to participate but felt it was hardly a realistic comparison due to the size of that development and the traffic it would create. He also noted that Mr. Hahn was charged $300,000 and their estimate of two years ago was $100,000 with it probably being more like $200,000 today. Councilman McPherson asked the applicant if this was the same property once proposed for a clinic. Dr. Bierfreund answered that it was but that the property had been placed in a "holding zone" during General Plan update, and they had been unable to do anything with it for a long time. Mayor Wilson invited input in FAVOR or OPPOSITION to the request. Mr. George Stone, 74-383 Joshua Tree, Palm Desert spoke in favor of the development and any other that would provide affordable housing to the community. With no further input offered, Mayor Wilson declared the Public Hearing Closed. -6- MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Snyder, second by Puluqi, Resolution No. 81-153 was unanimously adopted. D. CASE NO. C/Z 10-81 -CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF A PREANNEXATION CHANGE OF ZONE FROM W-2-20 (RIVERSIDE COUNTY) TO PR-5 (PLANNED RESIDENTIAL 5 D.U./ACRE) FOR 160 ACRES LOCATED AT THE NORTHWEST CORNER OF PORTOLA AVENUE (FUTURE) AND FRANK SINATRA DRIVE (FUTURE). Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report in detail stating the request was in compliance with State and local requirements. He noted that the southern quarter is Dual Designated Low Density Residential/Park. However, when the City is not prepared to purchase a dual designated park site, it has been Council's policy to rezone to the residential classification and when a development application is submitted, the City must then decide whether to acquire the site and rezone to Open Space or allow the development. He concluded by recommending approval. Mayor Wilson invited input in FAVOR or OPPOSITION to the request. Mr. Edward Caplan, real estate broker, addressed Council asking why some of the acreage in question was not zoned commercial. Mayor Wilson responded that it was not consistent with the General Plan. Councilman McPherson noted that there will be commercial at Country Club and Monterey, Portola and Country Club, and Cook and Country Club. Ms. Jo Frazier, 44-522 Viola, Palm Desert, also supported more commercial in that area and expressed favor as a property owner of annexation to the City. Ms. Patricia Martin, Ballew McFarland, stated that 13 acres had been designated commercial on Portola where it meets Frank Sinatra Drive. With no further input offered, Mayor Wilson declared the Public Hearing Closed. Upon motion by Snyder, second by Puluqi, Ordinance No. 276 was unanimously passed to second reading. E. CASE NO. ZOA 12-81 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONE AND REGULATIONS. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report stating that the ordinance would establish the Planned Community Overlay Zone, thus implementing a zoning tool identified during the General Plan Update. The Overlay Zone would provide greater flexibility in site design and encourage the most effective use of a site. He recommended approval. Mayor Wilson invited input in FAVOR or in OPPOSITION to the request, and none was offered. He declared the Public Hearing Closed. Upon motion by McPherson, second by Newbrander, and unanimous vote, Ordinance No. 277 was passed to second reading. F. CASE NO. ZOA 13-81 - CITY OF PALM DESERT APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO ALLOW MINOR BUILDING EXPANSION IN THE PRESIDENTS' PLAZA AREA WITHOUT ADDITIONAL OFF-STREET PARKING. -7- MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report stating that this approval would allow for the creation of a more attractive pedestriRn environment for the Presidents' Plaza. Expansion of buildings out to the sidewalk will be in keeping with the intent of the Redevelopment Agency Plan. The design of Presidents' Plaza precludes new parking spaces from being established and hence effectively prohibits any building expansion. It was Staff's feeling that the benefits from the remodeling and expansions would outweigh any potential problem which may arise from the 5% increase in parking demand. Councilman McPherson asked how many buildings would be affected, and Mr. Diaz answered 20 lots. Councilman McPherson noted that this dealt with only single -story structures, and the applicant before the Council a few months ago had been requesting change to two-story buildings. Mayor Wilson invited input in FAVOR of or OPPOSITION to the request, and none was offered. He declared the Hearing Closed. Upon motion by Snyder, second by Puluqi, and unanimous vote, Ordinance No. 278 was passed to second reading. G. CASE NO. ZOA 15-81 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO ZONING ORDINANCE, CHAPTER 25.30.240, CONCERNING MAXIMUM BUILDING HEIGHT IN THE P/C (4) ZONE. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report in detail stating that it would increase the maximum building height in resort commercial PC (4) zone from 30 feet to 35 feet. This would allow for 3-story buildings with a gable roof. Presently ordinance restrictions provide for flat roofs on 3-story buildings, and it is staff's feeling that gable roofs offer a more aesthetically pleasing appearance. Flat roofs are also susceptible to leaking. He concluded by noting that the present limit of 30 feet will be retained in the PC(4) zone for buildings within 100 feet of single- family residential zoned property. Mayor Wilson invited input in FAVOR of or in OPPOSITION to the request. Mr. Bernard Solomon, 73-185 Irontree, Palm Desert, spoke in favor of the change in height. With no further input offered, Mayor Wilson declared the Hearing Closed. Upon motion by McPherson, second by Puluqi, and unanimous vote, Ordinance No. 279 was passed to second reading. H. CASE NO. ZOA 14-81 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE BY AMENDING CHAPTER 3.28 (TRANSIENT OCCUPANCY TAX) AND ADDING CHAPTER 25.100 (TIME- SHARING). Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report and stated that the proposed ordinance had been written in conjunction with the Time -Sharing Committee composed of Councilman McPherson, Ralph Wood, Joe Benes, Betty Williams, Kermit Martin, Bernard Solomon, and staff members John Dos Santos, Steve Smith, and Ray Diaz. He noted that the proposed amendment would permit time-sharing in zones where hotel use is permitted subject to the issuance of a Conditional Use Permit by the -8- MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Planning Commission and would require a minimum of 20 units in a project. Mayor Wilson invited input in FAVOR of or in OPPOSITION to the request. Mr. Bernard Solomon spoke in favor of the amendment and suggested that requirements of time-sharing be included in the CC & R's of developments to insure they are adhered to. Mr. Erwin responded that this was covered adequately in the ordinance. Mayor Wilson asked if the PR zone could be limited to hotel development only. Mr. Diaz responded that the CUP approval would be the tool to assure this. However, after further discussion, it was suggested that the wording "when developed in conjunction with a Hotel or General Commercial (C-1) Zone" be added immediately following (PC-4) Zone in Section 25.100.020 of the ordinance. With no further input offered, Mayor Wilson declared the Hearing Closed. Councilman Snyder stated that this was a good document to begin with and, it could easily be amended as the City worked with it and found need to do so. Upon motion by Snyder, second by McPherson, and unanimous vote, Ordinance No. 280, as amended, was passed to second reading. * * * * * * * * * * * * * * * * * * * * * * * * * * * * COUNCILMAN McPHERSON ASKED IF THE ITEM UNDER "NEW BUSINESS" COULD BE CONSIDERED AT THIS TIME SINCE THE APPLICANT WAS IN THE AUDIENCE. WITH NO OBJECTION, COUNCIL CHANGED THE ORDER OF BUSINESS ON THE AGENDA. * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. NEW BUSINESS A. REQUEST FROM THE FOUNDATION FOR THE RETARDED OF THE DESERT FOR THE CITY TO PAY ENERGY COSTS OF THE PROPOSED STREET LIGHT ON CHICORY STREET NEAR SHADOW MOUNTAIN DRIVE. Mr. Bouman stated that this was a request from the Director of Public Works, and that it was in conformance with City policy for safety lighting which has been installed and paid for by private parties. In that arrangement, the City pays for the energy costs for keeping the light on. He recommended approval noting, however, that the City may be faced in the future with exorbitant charges if more and more lights are installed. In that case, he stated the City would have to consider going to lighting districts. Councilman Puluqi moved to approve the acceptance of energy charges for the street light on Chicory Street near Shadow Mountain Drive. Councilman Snyder seconded the motion; carried unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 81-154 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO. BE HELD IN SAID CITY ON TUESDAY, APRIL 13, 1982, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. Councilman McPherson said that prior to discussing the proposed resolution, he would like to address the issue of Senate Bill 230 which allows cities to consolidate their elections with statewide elections -the -9- MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * June Primary of even -numbered years, the statewide general in November of even -numbered years, or the Unified District Elections in November of odd -numbered years. He noted that the County Elections Department has advised that it will recommend to the County Board of Supervisors, who must approve such consolidation, that no city be allowed to do so in the June Primary as the ballot is too full already. He pointed out that the Bill was passed by the Legislature in an effort to cut municipal costs for elections and to increase voter turnout. Our current election costs in the City are $7,000 or more per election, and with low voter turnout, he suggested Council consider an ordinance changing the municipal election date to November, 1982. Councilman McPherson moved to table the matter of Resolution No. 81-154. Councilman Newbrander seconded the motion. The following votes were cast: carried. AYES: McPherson and Newbrander NOES: Puluqi and Wilson ABSTAIN: Snyder Dave Erwin stated that the abstention was an affirmative vote and the motion Councilman McPherson read a prepared ordinance (attached hereto and made a part hereof as Exhibit "B"). He added that the ordinance would not take effect until approval of the Board of Supervisors. Councilman Newbrander stated her concurrence with the change in that there would be greater interest in the issues in a larger election. Councilman Puluqi stated his opposition inasmuch as it would extend some of the present Council Members' terms and he did not think it right. Mayor Wilson felt that the City's issues could get lost in a statewide election. Councilman McPherson moved and Councilman Newbrander seconded to waive further reading and adopt Ordinance No. 281. The following votes were cast: AYES: McPherson and Newbrander NOES: Puluqi and Wilson ABSTAIN: Snyder Mr. Erwin advised that passage of the ordinance would take 3 affirmative votes. Councilman Snyder moved to remove Resolution No. 81-154 from the Table; Councilman Newbrander seconded the motion. Councilman Snyder withdrew his motion. There •being some confusion as to the timetable for adoption of the resolution calling the election, Mayor Wilson called for a 5 minute recess to allow the City Attorney and Clerk to review the Elections Code. Upon reconvening the meeting, Mr. Erwin advised that it could be done within the legal timeframe if acted on at the next Council Meeting scheduled for December 17th. Councilman Puluqi moved to remove Resolution No. 81-154 from the Table. Councilman Snyder seconded the motion; carried on a 3-2 vote with Councilmen McPherson and Newbrander voting NO. Councilman Puluqi moved to waive further reading and adopt Resolution No. 81-154. Mayor Wilson seconded the motion. The following votes were cast: AYES: Puluqi and Wilson NOES: McPherson and Newbrander ABSTAIN: Snyder Mr. Erwin advised that a resolution calling an election also required 3 affirmative votes. -10- MINUTES - ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to continue the matter to the Adjourned Meeting of December 17th. Motion carried on a 3-2 vote with Councilman Puluqi and Mayor Wilson voting NO. Mr.- Erwin noted that this automatically continued the next two resolutions listed on the Agenda. B. RESOLUTION NO. 81-155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF PALM DESERT RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 13, 1982. Mr. Erwin noted that this was automatically continued by action taken on the previous resolution. C. RESOLUTION NO. 81-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 13, 1982. Mr. Erwin noted that this was automatically continued by action taken on the previous resolution. X. ORDINANCES For Introduction: None For Adoption: N one XI. CONSENT ITEMS HELD OVER None XIII. CONTINUED BUSINESS N one XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B The following architects spoke on behalf of Mr. James Hill, former Director of Building & Safety, expressing their opinions of his total honesty and professionalism and asking the Council to further investigate what they felt was an internal problem relative to Mr. Hill's termination: Mr. Charles Martin Mr. Al Cook Mr. Bernard Solomon addressed Council expressing support of the change in the election date. Mr. Tim Johnson addressed Council with questions relative to Bechtel IA engineering, and Mayor Wilson advised the the C.V. Water District could supply the answers but that the engineering was not complete at this time. -11- MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega requested that the Council waive the Fire Tax for Parcel No. 624-206-014-9 for Ruth F. and Elliott Hagstrom. He noted that Mr. Hagstrom was totally disabled and that it was the City's policy in the past to waive the tax under such circumstance. He pointed out that each individual case would be presented to the Council. Councilman Puluqi moved to waive the $48 Fire Tax assessed to Parcel No. 624-206-014-9. Councilman Newbrander seconded the motion; carried unanimously. XVII. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson requested a Closed Session to discuss a personnel matter. ADJOURNMENT Upon motion by Puluqi, second by Snyder, and unanimous vote, Mayor Wilson adjourned the meeting at 10:50 p.m. to a Closed Session for the purpose of discussing a personnel matter. Mayor Wilson reconvened the meeting at 12:10 a.m. and announced the following Council Action: "Council is granting a request by Mr. James L. Hill for a hearing on his dismissal, and we will contact him to set a date. It is quite possible that it will be on December loth at the regularly scheduled meeting at 7:00 p.m. It will be up to Mr. Hill as to whether it will be open or closed." Mayor Wilson adjourned the meeting at 12:14 a.m. ATTEST: SHEILA R. GIL Pr AN, CIT ' ERK CITY OF PALM DESERT, LIFORNIA -12- 5. ROY WILSON, MAYOR MINUTES ADJOURNED CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * EXHIBIT "A" COACHELLA'ALLEY TAZgiUgOgCN 3 December, 1981 • December 3, 1981 * * * * * * * * * * * * * * 74-175 EL PA S EO (714) 340-2225 BOX 368 • PALM DESERT, CALIFORNIA 92260 The Honorable Roy Wilson, Mayor Members of the City Council City of Palm Desert 45-275 Prickley Pear Lane Palm Desert, California 92260 Dear Mayor Wilson and Council Members: Coachella Valley Television regrets the City's decision to proceed with negotiations looking to the possible award of franchise to the Sunrise Company. We are particularly concerned that the City appears to have accepted the conten- tion of the Sunrise Company that it is for all intents and purposes a "private" community and thus as a practical matter essentially outside the scope of the City's regulatory power and authority. We respectfully suggest that this raises serious questions as to whether there can and will be effective oversight at CATV operations in the development and does not portend well for future residents of that area. The City appears to have concluded that it is obligated to enter negotiations with anyone who applies for a franchise; as CVTV has pointed out in its prior submissions, we feel that this action does not give adequate consideration to a number of important policy issues. Included among these are the difficulties inherent in the regulatory supervision of multiple franchisees, the possiblity that residents of the Sunrise area will not have access to services available throughout the rest of the City, the legal and policy questions raised by granting, in effect, an exclusive franchise for security and other serv- ices iii the development and the economic consequences caused by a fragmentation of the market and erosion of its potential subscriber case to CVTV and its existing subscribers. Such an action, we submit, is not conducive to an atmosphere of stability and certainty needed to encourage a cable operator to make commitments and investments for which it will not receive a return on investment until beyond the life of the current franchise. -13- MINUTES ADJOURNED CITY COUNCIL MEETING * * * * * * * * * * * * * * * * December 3, 1981 * * * * * * * * * * * * * * * * * EXHIBIT "A" The Honorable Roy Wilson, Mayor Members of the City Council - City of Palm Desert 3 December, 1981 - Page 2 While we believe the City's decision to be unfortunate, we feel that some of the problems noted above can be at least partially remedied by insuring that CVTV is not denied an opportunity to provide service to those residents of the development who might desire it. As we have previously advised the City, we are committed to a substantial upgrade of the services offered by our system and intend to carry through with that commitment; we believe that our services will have many advantages for all the residents of the City. Our current franchise authorizes us to provide services thloughou., the City without limitation or restriction. Accordingly, we urge that any franchise which may be granted to Sunrise contain provisions which will afford CVTV an equal opportunity to install its facilities in the development and to compete meaningfully and effectively with Sunrise. To do otherwise would be contrary to the spirit and intent of a non- exclusive franchise and would place CVTV at a severe compet- itive disadvantage. To the extent that CVTV is precluded from exercising any of the rights afforded by its current franchise, we would feel compelled to exhaust all legal remedies to protect those rights. Moreover, in view of our interest as the City's existing franchisee in the award of a second franchise and in the potential implications of the City's current regulatory policies as they may affect our franchise, we ask that we be kept apprised of the status of negotiations with the Sunrise Company and afforded an opportunity to participate where our interests would be affected. We intend to proceed with and complete our planned upgrade as expeditiously as possible so that all of the residents of Palm Desert will have access to a system which provides current state-of-the-art cable services; we look forward to continuing to work with the City to accomplish that goal. Very truly ypurs, Norman B. Smith Vice President - General Manager NBS:mr cc: Mr. Martin Bournan, City Manager -14- MINUTES ADJOURNED CITY COUNCIL MEETING December 3, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "B" ORDINANCE NO. 281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING, PURSUANT TO GOVERNMENT CODE SECTION 36503.5, THAT GENERAL MUNICIPAL ELECTIONS IN THE CITY SHALL BE HELD ON THE SAME DAY AS STATEWIDE GENERAL ELECTIONS THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Pursuant to the authority granted by Government Code Section 36503.5, general municipal elections in the City shall be held on the same day as statewide general elections held in November of even -numbered years. SECTION 2: The first statewide general election to which this ordinance shall apply is the one to be held in the year Nineteen Hundred Eighty -Two (1982). SECTION 3: This ordinance shall become operative upon the approval of the Board of Supervisors of the County of Riverside. SECTION 4: This ordinance shall take effect thirty (30) days after adoption and shall within fifteen (15) days of adoption be published with the names of the Councilmen voting for and against the same in a newspaper of general circulation, published and circulated in the City of Palm Desert, California. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on the day of AYES: NOES: ABSENT: ABSTAIN: ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA -15- , 1981, by the following vote, to wit: S. ROY WILSON, MAYOR