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HomeMy WebLinkAbout1984-06-14MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Puluqi III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tempore Richard S. Kelly Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Councilmember Phyllis Jackson Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Ray Diaz, Director of Environmental Services "Kirby J. Warner, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 24, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-105, 84-111, 84-113, 84-114, and 84-115. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sierra Red Robin Corp. for 72-840 Highway 111, Palm Desert, California. Rec: Receive and file. D. REQUEST FOR APPROVAL of Final Tract Map 19640-1, Silver Spur Associates, Applicant. Rec: Waive further reading and adopt Resolution No. 84-68, approving Tract 19640-1 and the bonds and agreements relating thereto. MINUTES REGULAR CITY COUNCIL MEETING JUNE 14, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REQUEST FOR APPROVAL of Final Tract Map 17148, Rich Emery, Applicant. Rec: Waive further reading and adopt Resolution No. 84-73, approving Tract 17148 and the bonds and agreements relating thereto. F. REQUEST FOR WAIVER OF PENALTY ON BUSINESS LICENSE, CHARLOTTE TOLLEY, APPLICANT. Rec: Deny the request and instruct the City Clerk to so notify the applicant. Upon motion by Puluqi, second by Wilson, the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE, SECTION 17962. (Continued from the Meetings of December 22, 1983, January 12, January 26, February 9, February 23, and March 8, March 22, and April 26, 1984.) Mayor Snyder noted that this was a continued public hearing, open to receive testimony. Mr. Altman reported that while progress had been made with the Water District, an agreement had not been reached. He recommended continuance to the last meeting in July. Mayor Snyder invited input in FAVOR of the ordinance, and none was offered. He invited input in OPPOSITION to the ordinance, and none was offered. Councilman Kelly stated that the ordinance in his packet did not reflect the change Council wished in the 5 minute response time. He asked that it be made prior to the next hearing on it. Upon motion by Wilson, second by Puluqi, the item was continued to the meeting of July 26, 1984, by unanimous vote of the members present. B. CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 4 (8237). Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman stated that the annual assessments for this district were routine and set annually through this hearing process. He advised Mr. McClellan would answer questions if Council had any. Mayor Snyder invited input in FAVOR of the assessments, and none was offered. He invited input in OPPOSITION to the assessments, and none was offered. He declared the Public Hearing closed. Upon motion by Wilson, second by Puluqi, Resolution No. 84-69 was adopted by unanimous vote of the Councilmen present. C. CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING ANL) L1GHTINU ASSr.SSM1 N'1 UMS'1 RIC.'r NO. 5 (COOK STREET/COUNTRY CLUB DRIVE MEDIAN ASSESSMENT DISTRICT). Mayor Snyder declared the Public Hearing open and asked for staff's report. -2- MINUTES REGULAR CITY COUNCIL MEETING JUNE 14, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reported that the parcel numbers in this district had changed and the County was late in getting the City the new numbers. He requested a continuance to the meeting of June 28, 1984. Mayor Snyder noted that this was a Public Hearing and invited input in FAVOR of the assessments. None was offered. He invited input in OPPOSITION to the assessments, and none was offered. Upon motion by Puluqi, second by Kelly, the item was continued to the meeting of June 28, 1984, by unanimous vote of the Councilmen present. D. CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 81-3 (TRACT NOS. 12181-1 AND 12181-2, "THE VINEYARDS") Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman stated that the annual assessments for this district were routine and set annually through this hearing process. He advised Mr. McClellan would answer questions if Council had any. Mayor Snyder invited input in FAVOR of the assessments, and none was offered. He invited input in OPPOSITION to the assessments, and none was offered. He declared the Public Hearing closed. Councilman Wilson asked how the Public Hearings for these assessments were noticed and if the individual property owners were mailed a notice. Mr. McClellan responded that the only notice required was publication of the hearing in a newspaper of general circulation. Upon motion by Kelly, second by Puluqi, Resolution No. 84-71 was adopted by unanimous vote of the Councilmen present. E. CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1980-1 (PRESIDENTS' PLAZA). Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman stated that the annual assessments for this district were routine and set annually through this hearing process. He advised Mr. McClellan would answer questions if Council had any. Mayor Snyder invited input in FAVOR of the assessments, and none was offered. He invited input in OPPOSITION to the assessments, and none was offered. He declared the Public Hearing closed. Upon motion by Puluqi, second by Wilson, Resolution No. 84-72 was adopted by unanimous vote the Councilmen present. F. CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2 (CANYON COVE - TRACT 11636). Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman reported that this was the annual assessment for Phase I and staff recommended a continuance to the meeting of June 28, 1984. Mr. Erwin stated that approximately a year ago the Council had annexed Phases 2, 3, and 4 into this district. He had later reported to the Council that there was a problem with this annexation and was now asking that Council adopt Resolution No. 84-76 dissolving the annexation to the district. He noted that the resolution could be acted on without public hearing or notice. Upon motion by Wilson, second by Kelly, the consideration of annual assessments for District No. 2 was continued to the meeting of June 28, 1984, by unanimous vote of the Councilmen present. -3- MINUTES REGULAR CITY COUNCIL MEETING JUNE 14, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Puluqi, second by Wilson, Resolution No. 84-76 was adopted by unanimous vote of the Councilmen present. IX. RESOLUTIONS None X. ORDINANCES For Introduction: N one For Adoption: A. ORDINANCE NO. 375 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5 AND ORDINANCE 340 OF SAID CITY RELATING TO REMEDIES AND THE COLLECTION OF BUSINESS LICENSE AND TRANSIENT OCCUPANCY TAX LIABILITIES. Mr. Altman reported that this was second reading of the ordinance and that no further input had been received since first reading. Upon motion by Wilson, second by Kelly, Ordinance No. 375 was adopted by unanimous vote of the Councilmen present. B. ORDINANCE NO. 376 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A CHANGE OF ZONE FROM PR-5 TO AHD PR-22 TO ALLOW CONSTRUCTION OF A 512 UNIT APARTMENT PROJECT ON 24.17 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1800 FEET EAST OF MONTEREY AVENUE. CASE NO. C/Z 84-1. Mr. Altman reported that this was second reading of the ordinance and that no further input had been received since first reading. Upon motion by Kelly, second by Wilson, Ordinance No. 376 was adopted by a 3-1-1 vote of the Council with Councilman Puluqi voting NO for the reasons stated at first reading of the ordinance and Councilmember Jackson ABSENT. C. ORDINANCE NO. 377 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE MANAGEMENT OF AN APPROVED 512 UNIT APARTMENT COMPLEX LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE, 1800 FEET EAST OF MONTEREY AVENUE. CASE NO. DA-3. Mr. Altman reported that this was second reading of the ordinance and that no further input had been received since first reading. Upon motion by Wilson, second by Kelly, Ordinance No. 377 was adopted by a 3-1-1 vote of the Council with Councilman Puluqi voting NO for the reasons stated at first reading of the ordinance and Councilmember Jackson ABSENT. XI. CONSENT ITEMS HELD OVER N one XII. NEW BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT FOR THE COVE COMMUNITIES SENIOR CENTER. -4- MINUTES REGULAR CITY COUNCIL MEETING JUNE 14, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reported that this had been discussed in Study Session and offered to answer Council questions, if any. Councilman Puluqi moved to, by Minute Motion, approve Change Order No. 1 in the amount of $2,411.00. Councilman Wilson seconded the motion which carried by unanimous vote of the Councilmen present. B. REQUEST FOR APPROVAL OF PROPERTY ACQUISITIONS FOR FRED WARING DRIVE STREET WIDENING PROJECT. Mr. Altman reported that this item had been discussed in Study Session and recommended Council's adoption of Resolution 84-74 authorizing the acceptance of deeds. Councilman Wilson moved to waive further reading and adopt Resolution No. 84-74, authorizing the acceptance of deeds for properties on Fred Waring Drive. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmen present. XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR APPROVAL of Final Tract Map 19587, O. Michael Homme, Applicant. Councilman Wilson moved to waive further reading and adopt Resolution No. 84-75, approving Tract 19587 and bonds and agreements relating thereto and to, by Minute Motion, determine whether drainage fees should be waived or collected. Mayor Snyder seconded the motion. Motion carried by unanimous vote of' the Councilmen present. B. REQUEST FOR AWARD OF CONTRACT FOR HIGHWAY 111 TRAFFIC SIGNAL MODIFICATIONS. Mr. Altman reported that this was a Redevelopment Agency item and should be acted upon by that body. Upon motion by Wilson, second by Puluqi, the request for award of contract for Highway 111 traffic signal modifications was tabled by unanimous vote of the Councilmen present. C. UPDATE ON LAW ENFORCEMENT PROTECTION IN THE CITY OF PALM DESERT. Mr. Altman reported that Council had discussed this item at length in Study Session with a consensus to call a public safety task force meeting including members of the Palm Desert Property Owners Association and others who attended the last task force meeting to get more public input on whether or not the police tax issue should be placed on the November ballot. He noted that members of the City Council would each submit names of individuals they felt should be included in the meeting. The meeting would be held prior to the June 28th City Council meeting so that a recommendation could be made to the Council at that time. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FROM PALM DESERT NATIONAL BANK FOR USE OF CIVIC CENTER FACILITIES. -5- MINUTES REGULAR CITY COUNCIL MEETING JUNE 14, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reported that Palm Desert National Bank had requested use of the Civic Center parking lot for festivities following its annual Golf Cart Parade with permission to sell alcoholic beverages. He added that the bank was willing to insure the City for an amount set by the City Attorney. Councilman Puluqi moved to approve the request, and Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmen present. 2. GATE AT THRUSH STREET BRIDGE Mr. Altman noted that Council had discussed this request which had been presented by Buford Crites, a resident of this area. Councilman Puluqi moved to approve an expenditure not to exceed $500 for the purchase and installation of a gate at the Thrush Street Bridge to prevent people from entering private property. Councilman Wilson seconded the motion. Motion carried by a unanimous vote of the Councilmen present. 3. PORTOLA CULVERT Mr. Altman reported that $100,000 additional appropriation was needed to put in the desired 3 culverts instead of 2. Councilman Puluqi moved to appropriate $100,000 from the Drainage Reserve Fund and direct staff to proceed with the modification of plans for installation of 3 culverts. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Councilmen present. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Puluqi noted that Mr. George Stone, a Palm Desert resident, had passed away while visiting Russia in June. Mayor Snyder asked for a moment of silence in memory of Mr. Stone who was always active in his community. Councilman Wilson asked about a response to the inquiry from merchants in the Jensen's Shopping Center. Mr. McClellan updated Council on the Frontage Road status and advised he would respond to the letter. Councilman Puluqi noted he would be attending the State Allocations Board hearing in Sacramento on June 27th regarding the new high school's second phase funding. Council concurred he should attend. XVII. ADJOURNMENT Upon motion by Puluqi, second by Wilson, and unanimous vote of the Councilmen present, Mayor Snyder adjourned to Closed Session at 7:42 for the purpose of discussing personnel. Mayor Snyder reconvened the meeting at 10:05 p.m. and immediately adjourned with no action taken. ATTEST: FIEILA R. GI I N, Y CLERK CITY OF PALM DESE . CALIFORNIA WALTER H. SNYDER, MAYO -6-