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HomeMy WebLinkAbout1982-02-11MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, FEBRUARY 11, 1982 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson called the Regular Meeting of the City Council to order at 7:04 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Puluqi III. INVOCATION - Mayor Pro-Tempore Alexis D. Newbrander IV. ROLL CALL Present: V. VI. 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 E. Byers, Director of Finance Larry R. McAllister, Administrative Services Officer Sheila R. Gilligan, City Clerk AWARDS, PRESENTATIONS, AND APPOINTMENTS N one CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 28, 1982. Rec: Approve as presented. B. MINUTES of the Adjourned City Council Meeting of February 3, 1982. Rec: Approve as presented. C. MINUTES of the Adjourned City Council Meeting of February 4, 1982. Rec: Approve as presented. D. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-073 and 82-074. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. RESOLUTION NO. 82-8 OF THE CITY OF CATHEDRAL CITY CHANGING THE NAME OF 36TH AVENUE, WITHIN THE CITY LIMITS, TO GERALD FORD DRIVE. Rec: Receive and file. Upon Motion by McPherson, second by Newbrander, the Consent Calendar was approved as presented by unanimous vote. VII. ORAL COMMUNICATIONS - A N one VIII. PUBLIC HEARINGS A. CASE NO. CUP 09-78 (AMENDMENT) - STRAW HAT PIZZA OPERATION, APPLICANT - CITY OF PALM DESERT, APPELLANT. REQUEST FOR CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION GRANTING AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW AN ELECTRONIC GAMES ARCADE IN CONJUNCTION WITH A RESTAURANT IN THE C-1, S.P. ZONE AT 73-155 HIGHWAY 111. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report stating that the Planning Commission had approved the request at their meeting of January 19, 1982, with specific conditions. He reviewed those conditions which restricted hours of operation, limited the approval for a six-month period with review of the operation at that time, stipulated provisions for revocation of the CUP, and required security personnel on the premises of the operation. Mr. Diaz noted letters of opposition to the request received from Gerald L. Raymond and Ed Berkely for the record (on file and of record in the City Clerk's Office). He pointed out that Council had called the item up for review, and concerns had been raised about alcohol and adults mixing with children. He noted this could be restricted by adding another condition to the approval. He concluded by stating that it was Staff's feeling that there were sufficient safeguards to assure that the use could be placed in the area in a compatible manner, and they, therefore, recommended approval by adoption of Resolution No. 82-13. Mayor Wilson invited public input on the matter. The following individuals spoke on behalf of the request noting that sufficient restrictions could be placed to assure a good operation: MR. RON BROWN, 3112 N. Cambridge, Palm Springs, as owner of Straw Hat Pizza. MR. TONY FRANCO, 73-365 Royal Palm Drive, Palm Desert. MR. JOHN BRETZ, 81-265 Francis Street, Indio, as owner of the security company working for the pizza parlor. MR. BILL MORROW as the security officer working for Straw Hat Pizza. MR. ALFRED RITZEL, 72-760 Davis Road, Palm Desert, a Deputy Sheriff speaking for himself, not the Department. MR. JIM CHAO, Representative of Straw Hat Pizza Corporation. -2- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. TOM PERCELL, Representative of Hughes Investment, the owner of the center in which Straw Hat Pizza is located, noting that this was the first arcade allowed in any of the centers his firm owned. The following spoke in opposition to the request with concern about vandalism in adjacent properties, drug control, and loitering of teenagers: MR. HARRY HOYT, owner of Cabale Cachet, El Paseo and Ocotillo Streets. Councilman Puluqi expressed strong concern about mixing alcohol and children. Mr. Brown responded that there would be no food or beverage allowed in the arcade, and there would be no entrance from the restaurant into the arcade. He assured Council that his security personnel would strongly enforce this. In addition, everyone under the age of 18 and not accompanied by an adult was asked to leave at 10:00 p.m. Mayor Wilson declared the Public Hearing Closed. Councilman Newbrander stated that she had been opposed to a Carls Jr. being put in that center and was equally opposed to this arcade. Mayor Wilson stated that Council had heard quite a bit of testimony. He felt there were two problems: (1) should Council confirm what the Planning Commission had approved; or (2) the security or law enforcement problem which takes place after these people are leaving the premises and bothering adjoining businesses and neighborhoods. He stated that as Councilman McPherson had pointed out, this was something Council needed to address with the Sheriff's office to get better patrolling of that area, making sure that when people do leave that area that they leave it in an orderly and sober manner. He stated that his personal opinion was that if Council were to turn down the request before them, they would be sticking their heads in the sand because there will be another request, and another, because it is the "in business" right now. From testimony heard, he felt this was a pretty well -thought out operation, and if the City was going to have an arcade, one that had this much pretesting and planning might be advantageous. He felt the Commission's Condition #2, a six-month review of the operation to make sure that what the City was hearing is indeed fact — that the place will be well patrolled, there will not be the problems that have been seen. He concluded by stating he felt Council should uphold the Planning Commission's recommendation but with the conditions placed on it. Councilman McPherson stated that he had come to the meeting with a different assumption of what the arcade was going to be in that he did not realize that the arcade would be separately contained with no thru entrance from the restaurant. He stated that based on what he had heard, he likened the request to that which could be found in a regional mall where the only way to get in is by going into the shopping center. He didn't perceive it to be a problem. He said he felt the testimony had been very intelligent and while he was sympathetic to Mr. Hoyt's problems, the thing to do would be to get Capt. Renny in for additional patrolling in that area. He concluded by stating that teenagers will always need a "hangout" and that in his day, it was drive-in food places. Mayor Wilson reminded everyone that a problem had existed at McDonald's prior to this one, and there probably would always be a problem as Councilman McPherson pointed out. Councilman Puluqi stated he would like to add the condition that no alcohol would be served within the arcade area and that the parking lot would be patrolled and would be the responsibility of the arcade owner to keep it in good standing. -3- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz proposed the following additional conditions: 5. There shall be no food or beverages served or permitted in the arcade area. 6. Entrance into the arcade area shall be provided through the restaurant area only. No direct entrance into the arcade area from the outside of the building shall be permitted. 7. The applicant shall maintain the parking area around his building in a clean and orderly manner. Councilman Puluqi moved to waive further reading and adopt Resolution No. 82-13 as amended. Councilman McPherson seconded the motion. Councilman McPherson commented that the owner of Straw Hat should stay in contact with the Sheriff's Department for assistance in enforcement. Mayor Wilson reopened the Hearing to receive oppoisition from the applicant relative to the conditions: MR. BROWN stated he did not feel that he could be responsible for the entire parking lot. They had always felt the responsibility to keep their own in a clean and orderly fashion. However, Carl's Jr. should be responsible for their own. Councilman McPherson stated for the record that Council was all concerned about what goes on around Straw Hat Pizza. He was familiar with the parking lot out there, and it is a huge parking lot and to make this applicant responsible for the huge parking lot he did not feel was fair. He thought the intent here was to make sure that the Straw Hat Pizza takes care of the parking lot around the Straw Hat Pizza, and he felt that was the intent of Condition No. 7. Council did not intend for Straw Hat Pizza to be responsible for the parking lot behind Marshall's Cleaners; that's not fair. Mr. Diaz stated that perhaps since the Council's concerns were stated in the minutes and for the record, and you have Condition No. 3 that says that if at any time significant problems arise from the operation of the proposed use, a duly noticed public hearing will be scheduled before the Planning Commission to consider revocation of this Condititional Use Pemit and also Condition No. 2 that in effect, the six-month trial period, that that takes care of it and there really may be no necessity for Condition No. 7. Mayor Wilson called for the vote, and the following votes were cast: AYES: McPherson, Puluqi, Snyder, & Wilson NOES: Newbrander Motion carried on a 4-1 vote. B. CASE NO. ZOA 16-81 - CITY OF PALM DESERT, APPLICANT: REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL CODE TO INCREASE THE PERMITTED HEIGHT OF LIGHT STANDARDS. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the Report stating that the current height limit of light standards was ten feet. Because of complaints received, Staff was recommending that the limit be raised to 30 feet in commercial areas and 20 feet in multiple residential districts. He noted that in recent -4- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * years, lighting technology has been improved so that problems related to "spillover" have been reduced or eliminated. Councilman McPherson asked who approved the design of the light fixture itself. Mr. Diaz responded that the Design Review Board approved the fixture, and Staff determines whether or not the spillover is excessive or not. Mayor Wilson asked where the 30 feet came from. Mr. Diaz stated that the 30 foot height maximum allowed a building height of 30 feet to have the same height light standard. Mayor Wilson invited input from the public, and the following spoke: MR. DEAN COLE, 72-740 Eagle Mountain, Palm Desert, asked where the 30 foot came from. Mayor Wilson stated it was 18 feet in residential areas, 30 feet in commercial, and that's just in parking lots. MR. TIM JOHNSON, 43-101 Portola, Palm Desert, spoke on behalf of the Astronomy Club of the Desert expressing concern over light pollution and the evening skies. They felt children were growing up in urban areas not knowing that there were stars in the sky. He asked what the effect would be on the night sky by raising this height limitation? Mr. Diaz responded that these height maximums would be in parking lots, and the effect would be nil. Mayor Wilson declared the Public Hearing Closed. Upon motion by Puluqi, second by Snyder, Ordinance No. 285 was passed to second reading by unanimous vote. RESOLUTIONS A. RESOLUTION NO. 82-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPOINTING THE DIRECTOR OF PUBLIC WORKS AS AGENT TO ACT ON BEHALF OF THE CITY IN SMALL CLAIMS COURT OF THE DESERT JUDICIAL DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. Upon motion by McPherson, second by Snyder, Resolution No. 82-14 was adopted by unanimous vote. X. ORDINANCES For Introduction: A. ORDINANCE NO. 286 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE SUBDIVISION ORDINANCE TEXT, CHAPTER 26, SECTIONS 26.20.090, 26.20.100, 26.20,110, 26.20.140, AND ADDING SECTIONS 26.20.111, 26.20.117, 26.20.145. Mr. Diaz stated that these revisions to the Subdivision Ordinance had been discussed during two different Study Sessions of the Council. He reviewed the three amendments. Upon motion by McPherson, second by Puluqi, Ordinance No. 286 was passed to second reading by unanimous vote. -5- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 283 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE MUNICIPAL CODE ADDING SECTION 25.56.480 CONCERNING A TRASH HANDLING ALTERNATIVE, A CLASS 5 CATEGORICAL EXEMPTION FOR PURPOSES OF CEQA. CASE NO. ZOA 05-81. Mr. Bouman reported that there had been no additional input since first reading of the ordinance. Councilman McPherson asked if there was some way we could encourage people to use this type of bin as in many cases where the enclosure is being utilized, trash is dumped around the enclosure and the gates are falling off. Mr. Bouman responded that he had spoken with the trash company, and they were willing to offer incentives to people who wish to convert, and the City Staff would also encourage the transfer in type of bin. Upon motion by Newbrander, second by McPherson, Ordinance No. 283 was adopted by unanimous vote. XI. CONSENT ITEMS HELD OVER N one XII. NEW BUSINESS None XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS XV. XVI. A. REQUEST FOR INCREASE OF REIMBURSEMENT AGREEMENT FOR TRACT NO. 14079, KAUFMAN AND BROAD, APPLICANT. Mr. Bouman reported that the applicant had requested a two -week continuance of this matter to allow them additional time for their presentation. The item was continued to the meeting of February 25, 1982. ORAL COMMUNICATIONS - B None REPORTS AND REMARKS A. CITY MANAGER 1. SENATE CONSTITUTIONAL AMENDMENT #7 Mr. Bouman reported that a request had been received from the Independent Cities Association of Los Angeles County for the Council to adopt a resolution in support of SCA #7 which deals with an attempt to bring to the vote of the people the matter of the State Supreme Court approved exclusionary rule which, according to this organization, is too lenient in our State. Far more so than recognized by the U.S. Supreme Court. He noted that -6- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1982 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * they had attached a sample resolution, and since this is a legal matter, he felt that they should adopt it in principal and make sure the City Attorney has an opportunity to review it. Councilman McPherson moved to adopt a resolution subject to approval by the City Attorney. Councilman Puluqi seconded the motion; carried on a 4-0-1 vote with Mayor Wilson ABSTAINING. He stated he wanted to review the resolution. 2. REQUEST FROM CVAG FOR SUPPORT FOR THE NEW PRISON CONSTRUCTION BOND. Mr. Bouman reported that CVAG had requested the Council support this act in which the people are being asked to approve general obligation bonds in the amount of $495,000,000. If Council desires to support it, it could be done by Minute Motion. Councilman Newbrander moved to support the New Prison Construction Bond Act. Councilman McPherson seconded the motion; carried unanimously. r XVII. B. CITY ATTORNEY Mr. Erwin asked for a very brief Executive Session following the meeting. C. MAYOR AND MEMBERS OF THE CITY COUNCIL None FUTURE MEETINGS: Mayor Wilson asked that everyone note the future meetings listed on the Agenda and as confirmed by the City Clerk. ADJOURNMENT Upon motion by McPherson, second by Puluqi, and unanimous vote, Mayor Wilson adjourned the meeting to Closed Session at 8:50 p.m. for the purpose of discussing litigation and personnel matters. Mayor Wilson reconvened the meeting at 9:40 p.m. and immediately adjourned with no action being taken. ATTEST: SHEILA R. GILLIGAN CITY CLERK -7-