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HomeMy WebLinkAbout1981-05-14MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MAY 14, 1981 CITY HALL COUNCIL CHAMBERS k * :c ;` ;'c * * * ;ti .. * ;4 !c .. .. * :c ;c :c * * k * :c k .. ;': * * ;'c * .. .. I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the Palm Desert City Council to order at 7:07 p.m. on Thursday, May 14, 1981, in City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Councilman James E. McPherson III INVOCATION - Mayor Pro-Tem Alexis Newbrander IV. 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 David J. Erwin, City Attorney Carlos L. Ortega, Assistant City Manager Ramon Diaz, Director of Environmental Services Barry McClellan, Director of Public Works Paul Byers, Director of Finance James Hill, Director of Building & Safety V. AWARDS, PRESENTATIONS, AND APPOINTMENTS • None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the City Council of April 23, 1981. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 51-103, 51-104, and 1-105. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Wayne Eugene Smith for NUMERO UNO PIZZARIA, 72-795 Highway 111, #1, Palm Desert, California. Rec: Receive and file. D. MINUTES of the Building Board of Appeals & Condemnation Meeting of April 9, 1981. Rec: Receive and file. May 14, 1981 Page 1 MINUTES REGULAR CITY COUNCIL MEETING VI. CONSENT CALENDAR (Continued) E. REQUEST FOR RELEASE OF BONDS for Tract No. 9377, The Biddle Group, Applicant. Rec: Accept the work as complete and authorize the City Clerk to release the Faithful Performance Bond for Tract Nos. 9377-1, 9377-2, 9377-3, and 9377-4 con- tingent upon receipt of a 10% Maintenance Bond. Upon motion by McPherson and second by Newbrander, the Consent Calendar was unanimously approved as presented. VII. ORAL COMMUNICATIONS MRS. MARIAN HENDERSON, 73-597 Pinyon Street, Palm Desert, addressed the Council as Chairman of the Citizens Street Beautification Advisory Committee. Mrs. Henderson read a letter from the Com- mittee which outlined specific areas recommended for action by the City Council (said letter attached and made a part hereof of Exhibit "A"). Mayor Wilsonthanked Mrs. Henderson. He stated on behalf of the Council that they were very appreciative of all of the work that the Committee has been doing so far, and they were very happy to receive this plan of action. He indicated that the Council 'had discussed this briefly in Study Session and felt very strongly that this should be referred immediately to the Director of Public Works and the Director of Environmental Services for an immediate study and report back with a plan of action to imple- ment the suggestions. He concluded by again thanking the Com- mittee very much. VIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF ASSESSMENTS ON PROPERTY OWNERS FOR THE ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Bouman indicated that this was the final action taking place in instances where property owners have been informed about fire and other public nuisance problems requiring abatement. When they don't respond, the City completes the work and bills them through an assessment process. This action starts the assessment procedure on four lots as listed in Exhibit "A" of the proposed resolution. Mayor Wilson invited input from the public, and none was offered. He declared the Public Hearing closed. Upon motion by Newbrander and second by McPherson, Resolution No. 81-63 was unanimously adopted. B. CASE NOS. C/Z 02-81, TT 15633, AND TT 15640, SUNRISE CO. AND ENGINEERING SERVICE CORP., APPLICANTS: CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PC(2) PC(2) S.P. AND P (PUBLIC INSTITUTION) TO PR-4 AND PR-4 S.P., AND TWO TENTATIVE TRACT MAPS FOR A 1,650 UNIT CONDOMINIUM PROJECT. Mayor Wilson declared the Public Hearing open and asked for Staff's report. May 14, 1981 f Page 2 MINUTES REGULAR CITY COUNCIL t TING ;ti ;c ;': ;'c k ;'c :: :'c x :'c x ;'c ;' ;'c ;': :: :: 3: 'c ;'c :c * ;': * :c :: x :'c * 'c k ;,: ;'c k ;k ;': VIII. PUBLIC HEARINGS (Continued) B. CASE NOS. C/Z 02-81, TT 15633, and TT 15640 (Continued) Mr. Diaz reviewed the Staff Report in detail, indicating that the Planning Commission had unanimously approved the Zone Change and the Tentative Tracts at their meeting of April 15, 1981. He pointed out that the major discussion by the Planning Commission centered around the fire protection requirements, particularly the recommended $100/unit fee to pay for the construction of a new fire facility. It was the conclusion of the Commission that the developer pay the $10C/unit fee with a recommendation to Council that an ordinance establishing this type of fee for all future developments be adopted. He concluded his report by indicating Staff's recommendation for approval. Mayor Wilson invited input from the applicant. MR. JACK CONLON, President of Sunrise Corporation, 41-500 Monterey Avenue, Palm Desert, addressed Council indicating his company's concurrence with the Staff and Planning Commission recommendations as presented. Mayor Wilson invited input in FAVOR of the project, and none was offered. He invited input in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilman McPherson inquired as to whether or not a median strip would be required along Cook Street in front of the development. Both Staff and the applicant responded that Cook Street was ultimately proposed as a main traffic carrier for the City and because of the width of the street, a 12' median strip would greatly reduce the ability to widen the street and therefore allowing it to carry any great amount of traffic. Councilman McPherson questioned the condition on drainage fees. Mr. Diaz responded that the applicant would submit data neces- sary to the Public Works Department, and it would then be presented to the City Council at a future meeting at which time a specific amount would be established. • Upon motion by McPherson and second by Newbrander, Resolution Nos. 81-64 and 81-65 were unanimously adopted. Upon motion by McPherson and second by Newbrander, Ordinance No. 258 was unanimously passed to second reading. C. CASE NO. C/Z 01-81, RANCHO DE LAS COMPADRES, c/o BALLEW McFARLAND, APPLICANTS: CONSIDERATION OF A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-1, 12,000 (RIVERSIDE COUNTY) TO PR-5 (120 ACRES), PR-10 (105 ACRES) AND PC-2 (25 ACRES) UPON ANNEXATION LOCATED BETWEEN COUNTRY CLUB DRIVE AND FRANK SINATRA DRIVE (EXTENDED) AND WEST OF COOK STREET. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the Staff Report in detail, indicating that the Planning Commission at their April 15, 1981, meeting had approved the request as presented. He indicated that Staff's recommendation was also for approval of the request. Councilman Snyder questioned why there was PD :7--0 27 _uz �a�ric.. :���; :.rye two uses could be used at opposite ends of the project compatibly. May 14, 1981 Page 3 MINUTES REGULAR CITY COUNCIL MEETING isJ: J: ** J;** V * �c ;. * ,, k * ** ** ** * * * ;'c .. .. * ;': * ;': :'c .. .. .. * * VIII. PUBLIC HEARINGS (Continued) C. CASE NO. .C/Z 01-81 (Continued) Mayor Wilson invited input from the applicant. MS. PATRICIA MARTIN, Ballew McFarland, 74-075 El Paseo, Palm Desert, addressed Council on behalf of the applicant. She indicated her client's concurrence with Staff's recom- mendation as well as the Planning Commission recommendation. However, she asked for clarification or more specific guide- lines relative to Condition No. 7 dealing with the amount of landscaping to be required. Mr. Diaz responded that the type of landscaping required would depend on the type of development put in by the applicant. He pointed out this was an item that could be worked out between staff and the applicant. Mayor Wilson invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Upon motion by Snyder and second by McPherson, Ordinance No. 259 was unanimously passed to second reading. D. CASE NO. TT 14081, DAVID MOSS AND WAGNER-STANFORD CONSULTANTS APPLICANTS: CONSIDERATION OF A REQUEST FOR APPROVAL OF A SIX-MONTH TIME EXTENSION TO A PREVIOUSLY APPROVED ONE-YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED 28 LOT TENTATIVE TRACT MAP FOR 24 CONDOMINIUM UNITS ON APPROXIMATELY 5 ACRES IN THE PR-5 ZONE LOCATED ON THE SOUTH SIDE OF HOVELY LANE, APPROXIMATELY 1,600 FEET EAST OF MONTEREY AVENUE. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report in detail indicating that Staff recommended approval of the request by adoption of Resolution No. 81-66. Mayor Wilson invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Upon motion by Newbrander and second by McPherson, Resolution No. 81-66 was unanimously adopted. E. CASE NO. ZOA 06-81, CITY OF PALM DESERT, APPLICANT: CONSI- DERATION OF AN AMENDMENT TO MUNICIPAL CODE TO MODIFY TIME EXTENSION PROCEDURES IN CERTAIN ZONING MATTERS. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report indicating that the amendment had been proposed by Staff with the intent being to eliminate the cost of holding. another Public Hearing and also to reduce Staff time required to prepare hearing notices, reports and agendas, and resolutions. Public input at time extension hearings in the past has been very minimal. Future time extensions will be reviewed by the Planning Commission as a part of the Consent Calendar unless the Commission or Staff have questions. In this case, the City would have the right of full review. The new method would simplify the time extension procedure while still providinn the City the right of full review. Mayor Wilson invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. r. . May 14, 1981 Page 4 MINUTES REGULAR CITY COUNCIL M._ LING* * * * * * is * :�C :C .. :4 * .. n �C X * * :C :Y :: * * �C * * * n E. CASE NO. ZOA 06-81 (Continued) Upon motion by McPherson and second by Puluqi, Ordinance No. 260 was unanimously passed to second reading. IX. RESOLUTIONS A. RESOLUTION NO. 81-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING ASSEMBLY CON- STITUTIONAL AMENDMENTMENT NO. 35. Mr. Bouman indicated that this matter dealt with an action presently before the State Legislature in which a Constitu- tional Amendment would mandate that the positions of City Clerk and City Treasurer would be elected positions. He stated that while Staff was not challenging the right of a city to have these positions as elected, they did feel that it should be left to the option of the individual city and its needs. Therefore, this resolution would oppose Constitutional Amendment No. 35. Councilman Newbrander stated that in positions such as the City Clerk, specific qualifications, training, and knowledge were required and that it was far better to appoint an indi- vidual to fulfill these requirements than to elect someone who may win on popularity alone, thus leaving the City in a position where it would have to hire someone to actually do the work. 1 Upon motion by Newbrander and second by Puluqi, Resolution No. 81-67 was unanimously adopted. B. RESOLUTION NO. 81-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1980-81 BUDGET TO PROVIDE FOR THE CITY'S SHARE OF THE COST OF IMPROVING THE INTERSECTION OF COOK STREET AND AVENUE 44. Mr. Bouman reported that the City of Indian Wells had requested Palm Desert to participate in a street widening project at Cook Street and 44th Avenue several weeks ago. However, the actual construction costs were $166.73 more than anticipated. The proposed resolution would provide for the City's additional share of the cost. Upon motion by Puluqi and second by Snyder, Resolution No. 81-68 was unanimously adopted. C. RESOLUTION NO. 81-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, EXPRESSING ITS SUPPORT OF EFFORTS BY THE FEDERAL ADMINISTRATION TO RETURN POWERS TO LOCAL ENTITIES AND URGING A CAREFUL IMPLEMENTATION OF THOSE EFFORTS IN WAYS THAT WILL ENHANCE, NOT FURTHER IMPEDE, HOME RULE. Mr. Bouman stated that this resolution was prompted by a communication from the League of California Cities. Its intent is to give President Reagan support in reducing Federal, State, and bureaucracy to return home rule. In cases where cities require or need Federal assistance, the necessity for passing them through State or County agencies would be eliminated. Mayor Wilson inquired as to why Congressman Jerry Lewis' name had been omitted from Section 5 of the resolution. Mr. Bouman responded that the resolution had been prepared from a draft sent to us by the League of ^alifnr--ia Ci inc .;;L_ea tree ..ame would be added. as amended was unanimously adopted. "(,),Lion 1\V -0; May 14, 1981 Page 5 MINUTES REGULAR CITY COUNCIL MEETING .. * i'C :: * .. .. .. :'C n a .. * .. .. V .. * X :C * :* :C :iC .. * iti .. * .. * :Y n :C IX. RESOLUTIONS (Continued) D. RESOLUTION NO. of-70 - A RESOLUTION OF THE CITY COUNCIL (Jr THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF LEGISLA- TION ON THE USE OF NATURAL GAS IN UTILITY POWERPLANTS - FOR SUBMITTAL TO THE CALIFORNIA CONGRESSIONAL DELEGATION. Mr. Bouman reported that at the present time at the Federal level, there is a Powerplant and Industrial Fuel Use Act, a section of which states that use of natural gas must be phased out. That action was passed in 1978 at the time when there was a critical shortage of natural gas, a problem which now has been alleviated. Electric utility companies who utilize natural gas are requesting support of legislation and the use of natural gas in utility power - plants. Upon motion by Snyder and second by Newbrander, Resolution No. 81-70 was unanimously adopted. E. RESOLUTION NO. 81-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING DISTRICT NO. 2 (LEWIS HOMES) IN FISCAL 1981-82. Mr. McClellan reviewed the Staff Report indicating that. this resolution ordered a Public Hearing to be held the first meeting in June in order to levy per parcel assess- ments for the Landscaping and Lighting District No. 2 which was formed in 1979. Upon motion by Newbrander and second by Puluqi, Resolution No. 81-71 was unanimously adopted. F. RESOLUTION NO. 81-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A REVISED EMPLOYEES' DEFERRED COMPENSATION PLAN, AUTHORIZING THE EXECUTION OF AGREEMENTS RELATING TO SAID PLAN, AND RESCINDING RESOLUTION NO. 79-39. Mr. Byers reviewed the Staff Report indicating that while there were numerous revisions clarifying the language of the Plan, the substantive revisions relate to the time frame within which an employee may elect to participate and/or make changes in the amount of compensation deferred. He stated Staff's recommendation for approval of the revised plan. Upon motion by McPherson and second by Newbrander, Resolution No. 81-72 was unanimously adopted. G. RESOLUTION NO. 81-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1980-81 BUDGET TO PROVIDE FOR ADDITIONAL MASTER ENVIRONMENTAL ASSESS- MENT PLAN CONTRIBUTION. Mr. Bouman stated that implementation of the process has started, and it is now time for us to pay our share. This resolution would authorize that amount to be encumbered for that purpose, and we can then notify CVAG that we are ready to proceed with the process. Upon motion by Snyder and second by Puluqi, Resolution No. 81-73 was unanimously adopted. May 14, 1981 Page 6 MINUTES REGULAR CITY COUNCIL T..—TING J; i; is i J; i n J; J: * IX. RESOLUTIONS (Continued) H. RESOLUTION NO. 81-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ADVANCE TO THE PALM DESERT REDEVELOPMENT AGENCY FOR COSTS ASSOCIATED WITH THE AMENDMENT TO THE PROJECT AREA BOUNDARIES AND PLAN. Mr. Bouman reported that about two weeks ago, the Staff had submitted a memo outlining the procedure by which the Redevelopment Agency would amend the Project Area boundaries and plan. This memo included costs for staff help, public notifications, public hearing requirements, ect. The proposed resolution would authorize an advance to the Redevelopment Agency to pay for these expenses. Upon motion by Snyder and second by Puluqi, Resolution No. 81-74 was unanimously adopted. X. ORDINANCES For Introduction: A. ORDINANCE NO. 261 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT AND DELETION TO THE MISDEMEANOR CITATION ORDINANCE, RELATIVE TO THE POWER TO ISSUE CITATIONS. Mr. Bouman indicated that this was a housekeeping matter. He stated that presently there are two sections in the Municipal Code which delegate authority to issue citations one section indicates the Director of Building and Safety and the other section indicates the Code Enforcement Officer. The proposed ordinance cleans that up by delegating the authority to the City Manager who in turn may authorize the appropriate personnel to take action. Upon motion by Newbrander and second by McPherson, Ordinance No. 261 was unanimously passed to second reading. For Adoption: A. ORDINANCE NO. 254 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING TO SECTION 5.04.160 OF THE CODE OF THE CITY OF PALM DESERT, PERTAINING TO REVO- CATION OF LICENSE CERTIFICATES. Mr. Bouman reported that this was second reading of the Ordinance and that no further input had been received. Upon motion by McPherson and second by Newbrander, Ordinance No. 254 was unanimously adopted. B. ORDINANCE NO. 256 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEST, RELATIVE TO PERMITTED TEMPORARY USES. CASE NO. ZOA 02-81. Mr. Bouman stated that this was the second reading of the ordinance and that no further input had been received. Upon motion by Newbrander and second by McPherson, Ordinance No. 256 was unanimously adopted. XI. CONSENT ITEMS HELD OVER None May 14, 1981 Page 7 MINUTES REGULAR CITY COUNCIL MEETING * * :'; :c ;c k .. .. * * :': :c .. :: :c .. ;: ;c ,. ., * 'c x •., :c .. ;c k :c k * A rnn •.. n _ ,T,n Don K. Oster, Applicant. Mr. McClellan stated that the owner of a residential lot on Shadow Lake Drive had requested a variance from the flood insurance ordinance in order to construct a home which would be compatible with existing development on the street. He stated that if the applicant were to build in accordance with the ordinance, his home would be several feet higher than the existing dwellings. Staff recommended approval of the variance request. Upon motion by Newbrander and second by McPherson, Resolution No. 81-75 was unanimously adopted granting a variance. XIII. CONTINUED BUSINESS A. REQUEST FOR CREDIT ON REQUIRED DRAINAGE FEES, CHAPARRAL COUNTRY CLUB, APPLICANT. (Continued from the Meeting of April 23, 1981. ) Mr. McClellan reviewed a lengthy staff reportoutlining in detail all drainage fees imposed upon this particular development as well as any credit issued to the developer in the past for work having been performed as a result of flood damage or as a part of their development (said Staff Report on file and of record in the City Clerk's Department) Mr. McClellan stated it was Staff's recommendation to grant a credit of $3,693.97 for storm drains constructed by the developer. Councilman Puluqi stated he felt that temporary road con- struction by the developer after flood damage in an effort to put the roads back in use was a responsibility of the City and therefore, the cost should be shared. Councilman Newbrander stated that the developer knew where this property was and that he would have to have temporary roads to get into it. MR. IRVING LOUBE, 31 Camino Royal, Palm Desert, addressed Council on behalf of the applicant. He gave a step-by-step report on the history of the project as it related to drainage fees and storm -related reconstruction costs. He pointed out that the developer has spent $578,000 in off - site improvements for the project. Mr. Loube expressed disagreement with the $3,700 per acre drainage fee now being imposed on the developer instead of the $1,500 per acre fee which was originally imposed as a condition of approval. Mr. McClellan pointed out that the applicant had allowed his Tentative Tract Map for Phases 3 and 4 to expire and therefore the new ordinance which provided for the $3,700 per acre fee would apply on the new approvals. Mr. Loube stated that the requirements of street instal- lations and curbs and gutters were a part of the Master Drainage Plan and should, therefore, be allowed as a credit to the drainage fees. Mayor Wilson responded that street installations and curb and gutter requirements have never been considered requirement of the Master Drainage Plan but rather a condition imposed as part of development. Therefore, it could not be considered for credit towards drainage fees. Considerable Council discussion followed. May 14, 1981 Page 8 MINUTES REGULAR CITY COUNCIL MEmiING * * * * * * * * * * * * * * * * * * * * * * * * * * is * * * * * * * * i XIII. CONTINUED BUSINESS A. REQUEST FOR CREDIT ON REQUIRED DRAINAGE FEES, CHAPARRAL C.C. Upon motion by McPherson and second by Puluqi, a $3,700 per acre drainage fee was imposed on 80 acres of the proposed development and a credit in the amount of $36,620.66 for storm damage reconstruction plus $3,693.97 for construction of storm drains, totaling $40,314.63, was —.granted. The motion carried on a 4-1 vote with Councilman Newbrander voting NO. B. REQUEST FOR APPROVAL OF PERMIT EXTENSIONS FOR TRACT NO. 13407-1, VISTA DEL MONTANAS. Mr. Hill indicated that the developer had made payment to the City Clerk that afternoon of one-half of the fees as required per ordinance. Therefore, the request was auto- matically extended for a four -month period. The applicant, however, requested that the extension be granted through October 17, 1981, which Staff recommended approval of. Upon motion by McPherson and second by Puluqi, the request for extension for building permits for Tract No. 13407-1 through October 17, 1981, was unanimously granted. XIV. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR SAN PABLO DRAINAGE SYSTEM NORTH OF HIGHWAY 111 (CONTRACT NO. 1040). Mr. McClellan reported that five bids had been received for Contract No. 1040 and that A. J. Construction Company had submitted the low bid in the amount of $21,946.00. lwUpon motion by McPherson and second by Snyder, Contract No. 1040 as awarded to A. J. Construction Company, and the Mayor and City Clerk were authorized to sign said contract. Motion carried unanimously. B. REQUEST FOR CONSIDERATION OF GENERAL PLAN RESORT COMMERCIAL LAND USE DESIGNATION. Mr. Diaz reviewed the Staff Report. He indicated that the Planning Commission at its regular meeting of May 5, 1981, unanimously passed a Minute Action recommending that the Resort Commercial Land Use designation be deleted totally. The Commission based their recommendation on the six points raised by Staff. In further support of this recommendation, the Commission cited the fact that the market in the future may limit the uses on existing vacant sites to hotels and motels and that unduly restricting these sites with the Resort Commercial Designation was unnecessarily discrimi- nating. Councilman Newbrander moved and Councilman Puluqi seconded to retain the Resort Commercial Land Use Designation. Councilman Snyder stated that the purpose of the request to the Planning Commission was to receive their comments and to insure that the Council's philosophy and recommendations were proper and well. He stated that we have a changing City and while he felt that we needed areas reserved for certain programs and for facilities, he felt that the Council had to be realistic on what can and cannot be done in those specific areas. He found it hard to believe that resort type hotels were going to build on busy highways. He concluded by stating that he did r . prtvent the City from getting what they wanted in certain areas. May 14, 1981 Page 9 MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * :; * * * * * * * :; * * * * :'; * * * :; * * * * * * * * * * XVI. ()Li) (Continuea) L l�L ivi�.Al. i Lciiv L(LJVI\i �, . .lLLII 1t�L Lc�.\J USE DESIGNAiluIN kl.ontinuea) Councilman McPherson pointed out that there were several letters included in the Staff Report which indicated that no developer was going to build a hotel on Highway 111 and Deep Canyon. He felt Council had sent this back to the Planning Commission for their recommendation, and they had come back with a strong recommendation (a 5-0 vote) to delete this specific land use designation. He stated he felt that the motion on the floor was both emotional and political. Councilman Newbrander said her motion was neither emotional nor political. The letters pointed out in the Staff Report could have been solicited from anyone supporting the deletion. Mayor Wilson reiterated his points about long-range planning. He reminded everyone that at one time a regional shopping center designation on the General Plan had been said to be not economically feasible. The land was held in that zone and today the Hahn Center is scheduled to be built on it. He also pointed out that a 454 unit hotel complex was being built on Highway 111 in Indian Wells; thus Highway 111 is not a deterent for hotel development. He agreed with the routine review and update of the General Plan, but felt. that changes were not required but made only if needed. MR. BERNARD SOLOMON, 73-185 Irontree Drive, Palm Desert, addressed Council in support of the deletion of the Resort Commercial Land Use designation. He stated that financing for such hotel complexes was almost impossible. At this point, Mr. Diaz asked for clarification of the motion, asking if it included the expansion of the Resort Commercial designation to the corner of Deep Canyon and Highway 111. Mayor Wilson responded that all areas presently zoned PC-4 should be designated Resort Commercial. Mayor Wilson called for the vote on the motion. Motion carried on a 3-2 vote as follows: AYES: NOES: ABSENT: ABSTAIN: Newbrander, Puluqi & Wilson McPherson & Snyder None None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 80-76 - A RESOLUTION OF THE CITY THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A TO TITLE 28 (ORDINANCE NO. 221) AS PROVIDED FOR 12 OF SAID TITLE (ORDINANCE NO. 230). Mr. Bouman reported that this was similar to action taken earlier, just a different piece of property. Upon motion by Snyder and second by Puluqi, Resolution No. 81-76 was unanimously adopted, approving the variance. B. CITY ATTORNEY None COUNCIL OF VARIANCE IN CHAPTER May 14, 1981 Page 10 MINUTES REGULAR CITY COUNCIL T TING XVI. REPORTS AND REMARKS (Continued) C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Wilson asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by McPherson and second by Snyder, the meeting was adjourned at 9:50 p.m. ATTEST: —SHEILA R. GILM GAN, CITY OF PALM DESERT, 1 CLERK ALIFORNIA May 14, 1981 Page 11 MINUTES REGULAR CITY COUNCIL M: ING ;: ,. ,. * .. * ,♦ ;; ri *. X* ♦ * is ,. * * * i; i; * is V ,�` i; * ,. � EXHIBIT "A" CITIZENS STREET BEAUTIFICATION ADVISORY COMMITTEE May 12, 1981 Mayor Roy Wilson Palm Desert City Hall Dear Roy: Following a series of meetings with Caltrans Officials and exchange of letters suggesting how the median strip and Frontage Road Areas could be landscaped, we are now ready to present our recommenda- tions to the City Council for these improvements. In developing these recommendations, we also have had local landscape architects present to the committee their ideas regarding the Frontage Road area landscaping. As set forth in our General Plan approved in December, we shall recommend improvement and landscaping of the Frontage Road area by sections. The first section to be improved would be from San Pablo to Portola - both sides of the Frontage Road. Therefore werecom- mend the following for immediate action by the City. 1) Request Department of Public Works to check out the irrigation system between Portola and San Pablo, and report back to the Council on what could be done to put the system in working order; 2) Desert Beautiful, Inc. would be asked to arrange for the replacing of the damaged and/or dead Palm Trees and Pine Trees between San Pablo and Portola. The City's help in defraying these costs would make it minimal; 3) The City would be requested to undertake as soon as possible the installation of curbing on the shoulders of the North and South Sides of Highway 111 from San Pablo to Portola and the median strip for the same area. This is imperative for the protection of the sprinkler system and landscaping. 4) It should be considered that in conjunction with the projected beautification, special attention must be paid to signs on Highway 111. An overall reduction in size and markings would be feasible for immediate improvement. The overall program is for improving the Frontage Road and median strip areas from approximately Highway 74 to approximately Cook Street. In the immediate future further recommendations will be submitted on the areas East of Portola and West of San Pablo. May 14, 1981 Pagel2 MINUTES REGULAR CITY COUNCIL MEETING * iC 7: .. * n .. * .. .. iC .. * .. .• .. V :: _'C .. * * V * n * .. * :: .. * ii EXHIBIT "A" (Continued) Mayor Roy Wilson Pg. 2 We are cognizant of the fact that availability of funds will.de- termine the time table for the improvement of the Frontage Road Areas and the median strip, that is the reasoning for starting the program as suggested herein and trust with these improve- ments being done, we then can solicit financial aid from mer- chants located along the Frontage Road to participate in the overall landscape program. We have on file correspondence from Caltrans, suggestions from local landscape architects and d^tailed reports from the sub- committees presented at the Beautification Committee meetings. This information is available to the City Staff as they under- take this improvement and landscaping program. May 14, 1981 Cordially yours, f--- ; z) Marian M. Henderson, Chairman Page 13