The URL can be used to link to this page

Home My WebLink About1981-09-10MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 10, 1981 CITY HALL COUNCIL CHAMBERS * * * .♦ '.0 :�: .. :: :: .� :: '.�: :: :: * .. :f ): .. % :: .. * .. :C �C 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, September 10, 1981, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson III. INVOCATION - Mayor S. Roy Wilson IV. ROLL CALL Present: Mayor Pro-Tem Alexis D. Newbrander Councilman James E. McPherson 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 Jeff Patterson, Deputy City Attorney Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance V. AWARDS, PRESENTATIONS AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of August 27, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-022 and 82-023. Rec: Approve as presented C. RESOLUTION NO. 81-127 - 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 DEPART/ENT THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt D. CLAIM AGAINST THE CITY BY DOROTHY C. BENHAM, 74-087 Velardo, Palm Desert, Calitornia, in an Indefinite Amount. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. Councilman McPherson moved and Councilman Puluqi seconded to approve the Consent Calendar as presented. Motion carried unanimously. MINUTES REGULAR CITY COUNCIL MEETING n :�C * * .. * JC * * is •.. .. .• .. .. :C .. .. .. .. * ':C n iC .. i. L VII. ORAL COMMUNICATIONS None VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF A VACATION OF A PORTION OF UNUSED STREET LOCATED ON DE ANZA WAY AT SAN GORGONIO WAY. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz stated that this piece of land is no longer needed by the City for street purposes due to relocation. The vacation has been requested by Jack Wise so that they can utilize the land for parking purposes for their Racquetball Club. Mr. Diaz noted that the vacation has been properly advertised and recommended approval by adoption of Resolution No. 81-128. Mayor Wilson invited input from the Public in FAVOR of or in OPPOSITION to the Vacation. There being none, he declared the Public Hearing Closed. Upon a motion by McPherson, second by Puluqi, Resolution No. 81-128 was adopted unanimously. IX. RESOLUTIONS A. RESOLUTION NO. 81-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING SENATE BILL 999 WHICH WOULD PREVENT LOCAL GOVERNMENTS FROM PROHIBITING THE SALE OF FIREWORKS. Mr. Bouman stated adoption of this resolution was at the request of Chief David Flake of the Riverside County Fire Department. He noted the amended bill would take away the powers of local government in this matter and give them to the state. He recommended adoption of Resolution No. 81-129. Upon a motion by McPherson, second by Newbrander, Resolution No. 81-129 was adopted unanimously. 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. (Continued from the Council Meeting of August 13, 1981.) Mr. Bouman reported this matter was continued in order to give the two parties involved, the opportunity to get together. He stated he would be attending a Cable Work- shop Seminar before the September 24, 1981 meeting and would then he more equipped to deal with this type of matter. He recommended the item be continued. Upon a motion by McPherson, second by Puluqi, Ordinance No. 268 was continued by unanimous vote, to the meeting of September 24, 1981. September 10, 1981 Page 2 MINUTES REGULAR CITY COUNCIL MEETING * .. * * * * * * * * .. .. .. .. .. i. .. :: .. iC .. .. .. .. :: .. .. .. :C .. .. :: .. .. X. ORDINANCES (Continued) For Adoption: A. ORDINANCE NO. 269 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-2, 12,000 (RIVERSIDE COUNTY) TO PR-5, UPON ANNEXA- TION, FOR PROPERTY LOCATED BETWEEN 36TH AVENUE (FUTURE) AND FRANK SINATRA DRIVE (FUTURE) APPROXIMATELY 1300 FEET WEST OF PORTOLA AVENUE (FUTURE). CASE NO. C/Z 06-81. Mr. Bouman stated this was the second reading with no further public input. He recommended final adoption. Upon a motion by Newbrander, seconded by McPherson, Ordinance No. 269 was unanimously adopted. B. ORDINANCE NO. 270 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE AMOUNT OF BONDS CERTAIN TO THE OFFICERS AND EMPLOYEES. Mr. Bouman reported no further input and recommended final adoption. Upon a motion by Snyder, seconded by McPherson, Ordinance No. 270 was unanimously adopted. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR SUPPORT FROM COUNTY BOARD OF SUPERVISORS FOR THEIR MED FLY CONTINGENCY PLAN, SEPTEMBER 1, 1981. Mr. Bouman stated he had received a Contingency Plan from Mr. McCandless requesting the City's support in the event any Med Flies were found in Riverside County. Upon a motion by McPherson, seconded by Puluqi, the Riverside County's Med Fly Contingency Plan of September 1, 1981, was unanimously endorsed. B. REQUEST FOR APPROVAL OF A NEW FRANCHISE AGREEMENT WITH PALM DESERT DISPOSAL COMPANY. Mr. Bouman stated after four months of negotiations with Palm Desert Disposal Service, he felt a fair agreement for both the users and the company had been reached. He noted two minor changes to the agreement in section 5, to state "Any rate increase granted shall be retroactive to August 1, 1981" and "The simple average will then be the new rate sub- mitted to the Council for approval". Upon a motion by Newbrander, seconded by Puluqi, the Franchise Agreement, as amended, with Palm Desert Disposal Company was unanimously approved. XIII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT TO KICAK & ASSOCIATES CONTRACT (ASSESSMENT DISTRICT NO. 81-5) TO INCLUDE ENGINEERING SERVICES FOR THE SAN BENITO CIRCLE ASSESSMENT DISTRICT. Mr. McClellan requested this matter be continued to the meeting of September 24, 1981, to receive additional documents. Upon a motion by McPherson, seconded by Newbrander the Contract Amendment was unanimously continued to September 24, 1981. Scnt-amhPr in 1 qR1 Page 3 MINUTES REGULAR CITY COUNCIL MEETING ;; ;. * ., :ti ;: XIV. OLD BUSINESS A. REQUEST FOR APPROVAL OF SPECIAL COUNSEL AGREEMENT FOR ASSESSMENT DISTRICT NO. 81-5 (SAN BENITO CIRCLE). Mr. McClellan stated prior approval was received from Council to negotiate a contract for Special Counsel Services. This agreement has now been received and he requested approval by minute motion. Councilman McPherson moved and Councilman Newbrander seconded to approve the Agreement with Brown and Nazarek. Motion carried unanimously. XV. ORAL COMMUNICATIONS None XVI. REPORTS AND REMARKS A. CITY MANAGER Mr. Bouman presented Preliminary Development Guidelines for Villages of Bella Vista, which he stated were the culmination of many lengthy negotiations with the developer. He noted the property is outside of the city, but subject to annexa- tion. As part of the Redevelopment Area, their fee towards flood control would be $11/2 million. The developer requested approval of these Preliminary Guidelines, which would give them guidance as to how to proceed. Councilman McPherson moved and Councilman Newbrander seconded to approve the Preliminary Development Guidelines for Villages of Bella Vista. Motion carried unanimously. B. CITY ATTORNEY Mr. Patterson noted the last matter voted on was not an agreement, merely guidelines. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson inquired as to the status of the Civic Center. He noted the committee's report presented at the meeting of August 27 had been very thorough and that he was very pleased and impressed. He questioned what steps should now be taken to implement those suggestions made by the committee. Mr. Diaz stated many suggestions from the report have already been implemented, such as the removal of the lagoon, and that throughout the working drawings, staff will be fine-tuning. Councilman McPherson requested that Council be kept apprised of any changes that may be made. Councilman Snyder agreed all cost -saving steps should be taken. He expressed his appreciation to all the members of the committee who had devoted so much time and effort towards assuring the study was done properly, and stated they deserve a vote of thanks. Mayor Wilson asked for any questions or concerns from Council- man Puluqi. Councilman Puluqi stated he felt there were insufficient cuts and that there should be more. l Mayor Wilson expressed his satisfaction with Mr. Diaz' report and asked that staff continue to work with the working drawings. September 10, 1981 Page 4 i MINUTES REGULAR CITY COUNCIL MEETING XVIII. ADJOURNMENT Mayor Wilson Adjourned the Meeting at 7:40 p.ri. ATTEST: DEL CLAUSSEN, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA OY WILSON, MAYOR - 5