HomeMy WebLinkAbout1984-10-11MINUTES
REGULAR CITY COUNCIL MEETING, . • - .
THURSDAY, OCTOBER 11, 1984
CIVIC CENTER COUNCIL CHAMBER
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I.
IV.
CALL TO ORDER
Mayor Snyder convened the meeting at 7:00 p.m.
PLEDGE OF ALLEGIANCE - Councilman Romea.S...Pulugi -
INVOCATION - Councilmember Phyllis Jackson
ROLL CALL
Present:
Councilmember Phyllis Jackson
Mayor Pro-Tempore Richard S. Kelly
Councilman Romeo S. Puluqi
Councilman S. Roy Wilson
Mayor Walter H. Snyder
. Also Present: .
Bruce A. Altman, City Manager
Carlos L. Ortega, Assistant City Manager
David 3. Erwin, City Attorney
Sheila-R. Gilligan, City Clerk
Ramon Diaz, Director of Environmental Services
Barry McClellan, Director of Public Works
Kirby 3. Warner, Director of Finance
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PROCLAMATION Declaring the Month of October, 1984, as
"Toastmasters Communications Month".
Mayor Snyder read the proclamation declaring the month of October,
1984, as "Toastmasters Communications Month". He presented said
proclamation to Ms. Brenda Trafford.
B. APPOINTMENT OF PLANNING COMMISSIONER to Fill Vacancy
Created by Expiration of Term (Continued from the meetings of August
23, September 13, and September 27, 1984).
Councilman Wilson moved to reappoint Planning Commissioner James
Richards to a second four-year term. Councilman Kelly seconded the motion. Motion
carried on a 4-1 vote, with Councilmember Jackson voting NO for the reasons stated at
the -previous meeting.
C. APPOINTMENT OF CITY REPRESENTATIVE TO CRIME STOPPERS,
INC..
Mr. Altman stated that the City had no representative on Crime
Stoppers, lnc. The Public Safety Committee had recommended that Mr.
Doug Durkin be appointed -in this capacity.
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Upon motion by Kelly, second by Puluqi, and unanimous vote of the
Council, Mr. Doug Durkin was appointed to Crime Stoppers, Inc. as the City's
representative.
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 27, 1984.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand
Nos. 85-032 and 85-033.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ell Hezklya,
President, for the El Paseo Sandwich Shop, 73-990 El Paseo, Palm
Desert, California 92260.
Rec Receive and file.
D. REQUEST FOR APPROVAL of Prior Year 1983-84 Business License Fee
Refund by Mardav Construction Company.
Rea Approve the request and authorize a refund in the amount of
$100.00.
E. LETTER OF RESIGNATION from Evelyn R. Young from the Civic Arts
Committee.
Rec: Accept with regrets.
F. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR
BIDS FOR MAGNESIA FALLS STREET IMPROVEMENTS. (CONTRACT
NO. 1059).
Rec: By Minute Motion, authorize the City Clerk to advertise and
call for bids for the Magnesia Falls street improvements
construction contract.
G. SCHEDULE OF INVESTMENTS AS OF SEPTEMBER 30, 1984.
Rea Receive and file.
H. REQUEST. FOR APPROVAL OF FINAL TRACT MAP FOR TRACT NO.
19824, KALA MANAGEMENT CORPORATION, APPLICANT.
RecWaive further reading and adopt Resolution No. 84-134
approving Final Map 19824.
I. REPORT ON LAW ENFORCEMENT ACTIVITY from Riverside County
Sheriffs Department for the Month of August, 1984.
Rec Receive and file.
3. REQUEST FOR AUTHORIZATION TO SEEK BIDS for Whitewater
Bikeway.
RecApprove the request and authorize staff to seek bids upon
receipt of acceptable plans and specifications.
K. RESOLUTION NO. 84-135 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, INSTRUCTING
STAFF TO APPLY TO THE LOCAL AGENCY FORMATION
COMMISSION FOR A CHANGE IN THE CITY'S SPHERE OF
INFLUENCE AT THE EASTERLY CITY BOUNDARY.
RecWaive further reading and adopt.
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L. CONSIDERATION OF A REQUEST FOR PROPOSAL FOR CITY OF
PALM DESERT COMPUTERIZATION PROGRAM.
Rea. By Minute Motion, approve the request and direct staff to
transmit RFP's.
M. REQUEST FOR APPROVAL OF AMENDMENT TO AGREEMENT WITH
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT (AGREEMENT NO.
00-016).
RecApprove the request and authorize the Mayor to execute
same.
Upon motion by Puluqi, second by Jackson, the Consent Calendar was approved
as presented by unanimous vote of the Council.
V0.
ORAL COMMUNICATIONS - A
None•
PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION. OF A CHANGE OF ZONE FROM R-
1-12,000 (SINGLE-FAMILY ZONE REQUIRING MINIMUM 12,000 SQ.
FT. LOTS) TO PR-5 (PLANNED RESIDENTIAL, MAXIMUM FIVE
UNITS PER ACRE) AND NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 390
UNIT RESIDENTIAL PROJECT (134 DETACHED SINGLE-FAMILY
RESIDENCES AND 256 RESIDENTIAL CONDOMINIUMS) ON 81.6
ACRES AT THE SOUTHWEST CORNER OF COUNTRY CLUB DRIVE
AND PORTOLA AVENUE. McBAIL COMPANY, APLICANT. CASE
NO. C/Z 84-12. (Continued from the meeting of September 27, 1984.
Mayor Snyder noted this was a continued public hearing and asked Mr. Diaz for
additional staff report.
Mr. Diaz reported that this requested change of zone and precise plan
would permit staff and the developer to re-evalute the project and the
concerns raised by the Council. The first and most prominent issue
relates to the question of density. The development calls for a density
of 4.77 or 4.8 units per acre. The General Plan has identified this area
as a low density area; that is, a density of 3 to S units per acre. The
density ranges are not meant as strictly "minimums" or "maximums".
The lower figure for each category represents a "guaranteed" density
and the higher figure represents a "potential" density that could be
located in each area after certain standards and criteria are met. The
following is the list of standards the City applied to determine density
ranges: (1) the slope of the land (land is flat); (2) compatibility with
surrounding land uses (zoning and developments (3) flood plain
protection (OK) (4) adequacy of public facilities such .as water, sewers,
gas, and electricity (OK); (5) proximity to schools, recreation, health
care facilities, commercial areas, and employment; (6) access and
proximity to major streets; (7) preservation of unique and desirable
natural resources and vegetation; (8) consistency with other elements of
the General Plan, and (9) absence of negative environmental conditions
such as noise, traffic, and seismic activity. He stated that all project
requests are filtered through this criteria process, and the conditions of
approval identified for any development reflect this criteria with each
project evaluated on its own merits. When a project or proposed change
of zone does not affirmatively meet these criteria, it is rejected and
the Planning Commission and/or Council has on occasion rejected zone
change requests.
Mr. Diaz further reported that one question that is asked is whether
there are benefits to the public from approval of the change of zone,
but this is something that is not required. However, he pointed out that
there would be some benefits directly related to the project and
density, such as dedication of a fire station in addition to payment of
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fire impact fees, $628 per unit school impact fees, and $50 per unit
signalization fees. He stated that without a change of zone, this type
of development could not occur. To date, all residential developments
on Country Club Drive have been of the country club, tennis club, or
private condominium variety with deep project setbacks, meandering
walks, and extensive landscaping, security, and private streets. The
development of this site would result in the widening of Portola Avenue
to its ultimate width from Country Club to Hovley Lane. Mr. Diaz
referred to the following sections of the General Plan:
25.24.050 Maximum Protect Densities - The maximum project density
shall be as expressed in dwelling units per acre gross acre of not more
than the number following the zoning symbol PR. The City Council
shall determine the densities to be allowed within each PR district at
the time the involved properties are rezoned and as designated on the
zoning map within the following range: one to eighteen dwelling units
maximum per average gross acre. The density designation shall mean
dwelling units per average gross acre. For example, PR-7 means a
,planned residential development with seven units per gross acre.
25.24.010 Purpose - It is the purpose of the PR district to provide for
flexibility in development, creative and imaginative design, and the
development of parcels of land as coordinated projects involving a
mixture of residential densities.
Mr. Diaz concluded his report by stating that staff would continue to
recommend approval of the change of zone as requested. He noted,
however, that the proposed ordinance should be amended to reflect that
the applicant will pay all applicable fire fees, along with donating a site
for the fire station, and will improve Country Club and Portola adjacent
to the site.
Mayor Snyder invited input from the applicant, and Mr. Mike Gallagher,
McBail Company, addressed the Council with the following points:
He reiterated his company's position that they had been in Palm Desert
since 1978. They were very proud of their Sagewood development
located on Monterey Avenue and Country Club Drive. He noted that his
firm had owned the property in question since 1980 and pointed out that
the majority of the property surrounding their land was zoned PR-5,
with some property zoned as high as 22 units to the acre. He stated
that they could not develop the land at 1 unit per 12,000 square feet as
presently zoned as the lender would not approve a loan on such a large
lot development. He asked for parity with the surrounding density. Mr.
Gallagher stated his interpretation of the General Plan was that it
meant that 5 acres was an acceptable density. He noted his project
would benefit the community in that Portola and Country Club will be
Improved, and he had not seen any evidence that the increased density
would create problems in the area in question. He stated that his firm
could only build what they could sell, and they could not build a
successful development with 1 unit per 12,000 square feet. He noted
that his company would be making a monetary contribution and
improvement to the community well over $3 million.
With respect to reducing the density from 5 units to 4 units, Mr.
Gallagher stated that this would mean a loss of 64 units, or 16%
decrease, in their proposed project. He stated that this decrease would
make the project unfeasible to complete, as it would increase the
selling price as well as the monthly maintenance fees for the new
owners of the homes. Mr. Gallagher concluded his remarks by urging
the Council's approval of his request. The very lowest density they
could accept and still build was 4.5.
Mayor Snyder invited input in OPPOSITION to the request, and none was
offered. He declared the public hearing closed.
Councilman Wilson referred to the staff report which stated that the
City Attorney had attended one of the meetings and would be reporting
to the Council. Essentially, his position was that It is really not a
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requirement that a developer show benefit to the City that a change of
zone would provide. Rather, the onus is on the City to show that the
requested change of zone is: (1) not consistent with the General Plan;
(2) not compatible with adjacent proposed land used; (3) not compatible
with the density permitted in adjacent areas; and (4) endangering the
public peace, health, safety, and general welfare. Wilson asked for the
City Attorney's comments relative to this statement in the staff report.
Mr. Erwin responded that the courts will look at the General Plan as the
basic document when reviewing changes of zone, rather than the zoning
map or the zoning ordinance.
Councilmember Jackson moved to waive further reading and pass Ordinance
No. 396 to second reading, amended to reflect that the applicant will pay all applicable
fire fees, along with donating a fire station site at the corner of Country Club and Portola
Avenue and will additionally improve Country Club and Portola Drives adjacent to the
site. Councilman Kelly seconded the motion.
Councilman Wilson moved to amend the motion and Ordinance No. 396 to
.incorporate the developer's offer to change the. density from 5 units to the acre ..to 4.5
units to the acre. Councilman Puluqi seconded the motion.
Councilman Wilson's motion to amend Councilmember Jackson's motion failed
on a 3-2 vote, with Councilmembers Wilson and Puluqi voting YES and Councilmembers
Kelly, Jackson, and Snyder voting NO.
Councilmember Jackson's motion to waive further reading and pass Ordinance
No. 396 to second reading as amended was approved on a 3-2 vote, with Councilmembers
Puluqi and Wilson voting NO.
B. REQUEST FOR CONFIRMATION OF PER PARCEL ASSESSMENTS
FOR LOT ABATEMENT CHARGES.
Mayor Snyder declared the public hearing open and asked Mr. Altman for the
staff report.
Mr. Altman reported that subsequent to the public hearing which had
been legally noticed, the property owner had paid the assessment.
Therefore, there was no action required by the Council.
Mayor Snyder invited public input, and none was offered. He declared the
public hearing closed. No action was taken by the Council.
IX. RESOLUTIONS
None
X. ORDINANCES
For Introduction:
A. ORDINANCE NO. 395 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
10.26.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING
NEW SPEED ZONES. (Continued from the meeting of September 27,
1984.)
Mr. Altman reported that this had been discussed at great length in
Study Session. For the benefit of the audience, he asked Mr. McClellan
to explain the City's position In posting speed zones in the City.
Mr. McClellan „ —1 that before- the. City could post an enforceable
speed zone,. a. traffic survey taad to be conducted. He stated that such a
survey had been conducted on Shadow Mountain Drive wherein results
showed that 8O% of the traffic on Shadow Mountain traveled at 35 mph.
Councilman Kelly noted that the current speed zone on that street was
25 mph; however, It was not. posted. The City, because of the warrants
from the traffic survey, had no option but to post it at 35 mph, higher
than the existing speed zone. Mr. McClellan pointed out that the
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Sheriffs Department could not enforce any speed zone unless signs
were posted on the street and because of the traffic study, only 35 mph
could be posted.
MR. BROOKS O'KELLY, 73-070 Shadow Mountain Drive, Palm Desert,
addressed the Council stating that he had been a resident on Shadow
Mountain Drive for the last 7 years. He stated that he and his
neighbors observed cars traveling in excess of 50 and 60 mph in an area
highly populated with children. He stated that young and old walk the
street and that many children were on the streets in the mornings and
the afternoons waiting for school busses. He emphasized the potential
danger of the high speeds on the street.
Councilman Wilson stated that while he agreed that 35 miles an hour
might be too high a speed zone, he could understand staffs position that
the City must post the speed reflected in the traffic study. He
suggested that the Council go ahead and approve the proposed
ordinance, stipulating the 35 mph speed zone and once posted, have the
Sheriff's Department really start enforcing traffic in the .hopesthat the..
speed could be reduced in a future traffic study.
Upon motion by Wilson, second by 3ackson, Ordinance No. 395 was passed to
second reading by a 3-2 vote with Councilmen Puluqi and Kelly voting NO. Councilman
Wilson stated that his motion should include direction to staff to have the City's traffic
control unit begin patrolling and enforcing the new speed limit as soon as it went into
effect. Council concurred.
For Adoption:
A. ORDINANCE NO. 390 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
2.20.020 OF THE PALM DESERT MUNICIPAL CODE AS IT RELATES
TO PLANNING COMMISSION APPOINTMENTS.
Councilman Kelly stated that he had a problem with the revised
wording of the ordinance which permitted a majority vote of the
Council to appoint a Planning Commissioner. He stated that the way it
was worded, two members of the City Council if only three were
present could in essence appoint a Planning Commissioner. He felt that
more than two members should be required for such an appointment.
He recommended that the wording be changed to read "by three
affirmative votes", which still would give the majority of the five
member Council the ability to appoint a Planning Commissioner.
Councilman Puluqi moved to waive further reading and adopt Ordinance No.
390 with this minor modification in the wording. Councilman Wilson seconded the motion,
and the motion carried by unanimous vote.
MAYOR SNYDER CALLED A RECESS AT &25 P.M. AND RECONVENED THE
MEETING AT 8:40 P.M.
XI. CONSENT ITEMS HELD OVER
None
Xll. NEW BUSINESS
A. REQUEST FOR APPROVAL OF PARTICIPATION IN A NON -
PROPERTY TAX STUDY BY CLAREMONT McKENNA COLLEGE.
Mr. Ortega explained that the City had been contacted by Temple City
relative to a study it was conducting with Claremont McKenna College
as to the affects of legislation on no -property tax cities. Such a study
could be used to support legislation favorable to non -property tax cities
or litigation to resolve the property tax inequities. The proposed study
would be done in two phases. The first phase would cost $15,000 and
the second phase from $20,000 to $25,000. He stated that Temple City
had underwritten the first phase, which cost $13,000, and had signed a
contract with the College to complete such a study. Mr. Ortega
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recommended that the City of Palm Desert participate to the extent of
$1,000 in the second phase of the study.
Councilman Puluqi moved? by Minute Motion, approve the request and
authorize participation not to exceed $ 1,000 in the Non -property tax study by Claremont
McKenna College. Councilman Kelly seconded the motion. Motion carried by a 4-1 vote,
with Councilman Wilson voting NO in that he felt there were thousands of studies going
on, and there could be no end to this City's contributions to such studies.
B. REQUEST FOR SUPPORT FOR A PARK AND RECREATION GRANT
MONEY APPLICATION BY THE SENIORS ASSOCIATION FOR USE TO
CONSTRUCT A BOWLING GREEN.
Mr. Altman reported that this had been discussed in Study Session and
was at the request of the Joslyn Cove Communities Senior Center.
Mrs. Gilligan noted that two resolutions were required rather than the
one reflected on the Agenda, and the second resolution should be
. numbered 84-137, with the following tines "A Resolution of the City , - .
Council of the City of Palm Desert, California, Endorsing the Filing of
a Claim for California Park and Recreation Facilities Act of 1984 Local
Assistance Grant for the Purpose of Constructing a. Recreational
Facility at the Joslyn Cove Communities Senior Center".
Upon motion by Puluqi, second by Jackson, Resolution Nos. 84-136 and 84-137
were adopted by unanimous vote of the Council.
XM. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF NEW FRANCHISE AGREEMENT WITH
COACHELLA VALLEY TELEVISION.
Mr. Altman reported that this item had been discussed at length in
Study Session. He noted that Council had indicated concerns relative to
an automatic rate increase being included in this new franchise
inasmuch as Council felt each year the CVTC should apply for its
approval.
Mr. Ortega noted that the Council had also expressed concerns relative
to the severability clause in the new franchise and stated that there
would be no problem in deleting that particular section. He reviewed
other minor changes made to the franchise and requested Council's
approval of same.
Upon motion by Puluqi, second by Wilson, the new franchise agreement with
Coachella Valley Television was approved as amended by unanimous vote of the Council.
B. REQUEST FOR APPROVAL OF REDUCTION IN DRAINAGE FEES,
DESERT EVANGELICAL FREE CHURCH, APPLICANT.
Mr. McClellan reviewed the staff report and justification for his
recommendation to deny the request for reduction in drainage fees for
the church.
Upon invitation by Mayor Snyder, MR. BOBBY BLAIR, 159 Las Lomas
Avenue, Palm Desert, addressed the Council stating that while his
church was aware that the City's requirements must be met, since the
drainage improvements were not going to be constructed for some time
and since the monies for these fees must be gathered from his
congregation, he asked Council's approval of a Letter of Credit which
would permit them to pay these fees at a later date. In addition, at this
time he asked that they also be allowed to post a Letter of Credit in
lieu of cash for required street improvements. He pointed out that the
proposed development was in an area of the street where there was no
adjacent development, only vacant land. He felt that to improve, the
street for only their portion at this time would be impractical... He
requested Council's consideration and approval of some type of Surety
Bond or Letter of Credit for street improvements at a later date.
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MR. ALAN LEVINE, 74-303 Highway 111, Palm Desert, addressed the
Council as the Engineer for the new church. He pointed out that
$50,000 to $70,000 would be required for these street improvements,
and he felt that Installation of such would be more beneficial in
conjunction with other development as it went on. Mr. Blair
acknowledged this.
Councilman Puluqi stated his concurrence that it would be more
practical to improve the street all at once when other development
occurs. He also indicated his sympathy for the congregation who was
trying to raise enough money to build the church let alone post money
for street improvements and drainage improvements which are going to
be made at a later date. He stated his favor of some type of Letter of
Credit or Surety Bond being accepted by the City.
Councilman Wilson stated his concurrence but noted that there would
be an inflation factor built into any Letter of Credit or Surety Bond. If
the street improvements and drainage improvements cost more at the
.time .the City demands their installation,then the Church will be
required to come up with possibly more money.
Councilman Puluqi moved to, by Minute Motion, authorize staff to accept a
Letter of Credit from the Desert Evangelical Free Church for its required drainage fees
for a maximum period of one year, and to authorize staff to accept a Surety Bond from
the Desert Evangelical Free Church for Its required street improvements, said Surety for
a period of five years or until the surrounding property develops, whichever occurs first.
Motion was seconded by Jackson and carried by unanimous vote of the Council.
XIV. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT NO. 1077 FOR
RECONSTRUCTION OF DEEP CANYON DRAINAGE STRUCTURE.
Mr. Altman reported that this item had been explained and discussed in
Study Session and offered to answer any questions Council might have.
There were none.
Councilman Puluqi moved to, by Minute Motion: (1) Reject all bids received
for Contract No. 1077A; and (2) determine that the project can be done in a more
economical manner and authorize the Director of Public Works to negotiate a contract in
accordance with Section 20167 of the Public Contracts Code. Councilmember Jackson
seconded the motion. Motion carried by unanimous vote of the Council.
XV. ORAL COMMUNICATIONS - B
• None
XVI. REPORTS AND REMARKS
A. CITY MANAGER
1. FIRE STATION
Mr. Altman reported that the City Attorney had given the
contractor notice that their contract was cancelled because they
did not meet the requirements that he stipulated in an earlier
notice. It was his recommendation that the City Council
authorize staff to negotiate a contract to complete the list of
corrections pending on the Fire Station. He noted that it was
contemplated that the cost would be paid from the remaining
retention and contract fund balance that is available from the
original contractor.
Councilman Puluqi moved to, by Minute Motion, authorize staff to
negotiate a contract to complete the correction list on the Fire Station. Councilmember
Jackson seconded the motion. Motion carried by unanimous vote of the Council.
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2. SIGNALIZATION OF MONTEREY AVENUE AND FRED WARING
DRIVE
Mr. Altman reported that the City had received approved plans
from Caltrans and was ready to seek bids for the subject traffic
signal installation. He recommended Council's authorization to
call for bids.
Councilman Puluqi moved to, by Minute Motion, authorize the City
Clerk to advertise and call for bids for the installation of a traffic signal at the corner of
Fred Waring Drive and Monterey Avenue in Palm Desert. Councilmember Jackson
seconded the motion. Motion carried by unanimous vote of the Council.
3. WAIVER OF FEES FOR PROCESSING OF LOT SPLIT
ADJUSTMENTS IN BUCKBOARD TRAIL AND BIRDIE WAY IN
PALM DESERT.
Mr. Altman reported that under the County years ago,
condominiums were constructed on the subject property and. no
lot split had occurred. Therefore, owners had no clear record of
title to the land on which their units were built. If a unit were
to be destroyed by fire, the owner would not be able to rebuild
under the City's current zoning. Additionally, owners cannot
currently sell their units without taking the mortgage paper back
themselves because lending institutions will not loan on the
property because it does not have clear title to the land. Mr.
Altman stated that it was staff's feeling that because of the
prior County designation, these owners were being unjustly
penalized now in trying to correct the error through the City.
Councilman Puluqi moved to, by Minute Motion, waive fees for
processing the necessary paperwork through the City to correct these lot split
adjustments. Motion was seconded by Jackson and carried by unanimous vote of the
Council.
4. EMPLOYEES HALLOWEEN PARTY
Councilman Puluqi moved to, by Minute Motion, appropriate $125.00 to
be used for an Employees' Halloween Party. Councilman Kelly seconded the motion, and
motion carried by unanimous vote of the Council.
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
None
XVII. ADJOURNMENT
Upon motion by Puluqi, second by Jackson, and unanimous vote of the City
Council, Mayor Snyder adjourned the meeting at 9:30 p.m.
ATTEST:
H • . LIGANY CLERK
CITY OF PALM DESE . CALIFORNIA
LTER H. SNY ' • . M ;' OR
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