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HomeMy WebLinkAbout1984-12-13MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, DECEMBER 13, 1984 CIVIC CENTER COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:05 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Dick Kelly III. INVOCATION - Councilmember Phyllis Jackson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilmember S. Roy Wilson Mayor Walter H. Snyder Also Present: 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 Ramon A. Diaz, Director of Environmental Services Kirby Warner, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CHARTER PALM DESERT POLICE DEPARTMENT CERTIFICATES TO SGT. JACOB BOWSER, DEPUTY CYNTHIA SJOQUIST, DEPUTY DAVID STREET, AND DEPUTY GARY PETERSON. Mayor Snyder presented each deputy with a certificate indicating charter membership in the Palm Desert Police Department. He thanked them for the excellent job they were doing. In addition, Mayor Snyder presented Lt. Mike Lewis with radar equipment that was no longer used in the Public Works Department but still beneficial to the traffic safety patrol. B. APPOINTMENT TO CIVIC ARTS COMMITTEE OF MRS. PATRICIA ANDERSON TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MS. EVELYN YOUNG. Upon motion by Kelly, second by Jackson, Mrs. Patricia Anderson was appointed to the Civic Arts Committee by unanimous vote of the Council. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of November 8 and November 29, 1984. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-052, 85-054, and 85-055. Rec: Approve as presented. C. RESOLUTION NO. 84-154 - 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 DEPARTMENT OF BUILDING & SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. D. REQUEST FOR INCREASE APPROPRIATION FOR MEMBERSHIP IN R.S.V.P. PROGRAM. Rec: By Minute Motion, approve an additional $421 for sponsorship of the R.S.V.P. Program. Upon motion by Jackson, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A MR. EDDIE FOREST, Secretary/Treasurer of Silver Spur Ranch, advised the Council that when the City had taken over their private streets in 1977, it was with the understanding that no work would be done to them for 5 years. He stated that many of these streets were in bad state of disrepair and asked when restoration could be expected. Mayor Snyder advised that Director of Public Works Barry McClellan would be in touch with him for specific information and to give response. VIII. PUBLIC HEARINGS A. APPEAL OF PLANNING COMMISSION DECISION TO DENY A PRECISE PLAN OF DESIGN AND A DEVELOPMENT AGREEMENT UTILIZING DENSITY BONUSES PERTAINING TO A REQUEST TO ADD THREE UNITS TO AN EXISTING APARTMENT COMPLEX LOCATED ON THE NORTH SIDE OF CANDLEWOOD, 150 FEET EAST OF PORTOLA AVENUE. (FRANK GOODMAN, APPLICANT.) Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Diaz reported that the Planning Commission, after having the case sent back by Council with direction to study the unique sitution, continued to its recommendation for denial on the grounds that it would be setting a bad precedent. He noted that after previous Council discussion relative to the need for senior housing, staff had included a new condition of approval tht would restrict rental of the units to only those over 60 years of age or senior citizens. Mayor Snyder invited input from the applicant. MR. RICHARD OLIPHANT, 77-900 Avenue of the States, Palm Desert, requested the Council's approval of the project with the conditions presented. Mayor Snyder 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. Upon question by Councilmember Benson, Mr. Diaz responded that the Commission was concerned that others with developable projects would come back and ask for more density bonus. Councilman Wilson stated he felt that this particular lot configuration made it a unique situation. Upon motion by Kelly, second by Jackson, Ordinance No. 408 was passed to second readin& amended to include a condition that the 3 units would be restricted to rental by individuals 6Q.,years of age or older by unanimous vote of the Council. MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AT THIS POINT IN TIME MAYOR SNYDER REQUESTED CONSIDERATION Or t'UbLtC rtr.Attuvt: "C:" ON 1Hh AVtNL)A 13 ACCOMMODATE THE NUMEROUS PEOPLE IN ATTENDANCE TO ADDRESS THAT SUBJECT. C. APPEAL OF PLANNING COMMISSION DENIAL OF A REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM PR-6 (PLANNED RESIDENTIAL, MAXIMUM SIX DWELLING UNITS PER ACRE, SCENIC PRESERVATION OVERLAY) TO PC (3) S.P. (REGIONAL COMMERCIAL, SCENIC PRESERVATION OVERLAY), PRECISE PLAN OF DESIGN AND EIGHT LOT SUBDIVISION FOR FINANCING PURPOSES TO ALLOW CONSTRUCTION OF A COMMERCIAL SHOPPING CENTER CONTAINING 128,100 SQUARE FEET OF FLOOR AREA ON 12.5 ACRES OF LAND BOUNDED BY THE PALM VALLEY STORM CHANNEL, EL PASEO, PAINTERS PATH, AND HIGHWAY 111. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Diaz reported that this request was the result of a Planning Commission denial of the project on November 20, 1984. It was staff's feeling that the concerns raised at the Planning Commission meeting could be mitigated by adding the following conditions to the approval: 1) No vehicular or pedestrian access to Painters Path other than one emergency access. The original request showed two access points to Painters Path, but the project was then modified to show only one access which would be an emergency access. This condition should also eliminate any problems with parking on Painters Path. 2) A continuous median could be placed on El Paseo. The original plan showed a left turn access from El Paseo to the proposed center. With a continuous median, traffic from El Paseo would be reduced. 3) Signals to be installed at the intersection of Painters Path and El Paseo and also on Highway 111 at the most westerly driveway into the project. The signal on Highway 111 would be a protected left turn into the project. As far as the noise during construction, Mr. Diaz stated that a berm on Painters Path could be required as part of the initial construction. The noise after the project was completed could be mitigated by controlling the hours of operation of the center, street sweeping, etc. He stated that the project had been reviewed by the Architectural Review Board, which indicated to the applicant that the corner entry should be given special treatment as an "entryway to the City". This had been agreed upon by the applicant and would be part of the final plans. Another issue that was raised was why a negative declaration of environmental impact was recommended. He stated it was because the traffic impacts on the environment could be mitigated by the conditions of approval imposed on the project. Because there was a difference between the Planning Commission recommendation and the staff recommendation, he asked the Planning Commission Chairman to address the Council to clarify its concerns. Mr. Buford Crites, Chairman of the Planning Commission, stated that what was not an issue of concern was the quality of the proposed major tenant of the project. The Planning Commission was not against Mervyn's itself; it was concerned with the best use of that particular piece of property, and it was the Commission's unanimous opinion that the use proposed by the applicant was not in the best interests of the citizens and the City of Palm Desert. He noted that the project before the Council was not the same as that considered by the Planning Commission. Staff had made major revisions and redesigns to the original project, and he was not sure if these changes would have affected the Planning Commission's decision. He stated that the proposed traffic signal on Highway 111 would have a negative impact on traffic congestion in that area. There are already problems with traffic -3- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * because of the Town Center, and he felt that the signals would be too close together. The issue of noise during and after construction was addressed by the Director of Environmental Services. It was the Planning Commission's feeling that the proposed use of the land as presented November 20, 1984, was simply too intensive for that area and that there were a variety of other options available for that property. It was also felt that approval of this project was incompatible with good land use planning, and even though the Mervyn's project was not acceptable for this particular spot, there were other locations which could be used by the developer. Mayor Snyder invited input in FAVOR of this request. MR. CHARLES CENCIBAUGH, Home Savings of America, 3731 Wilshire Boulevard, #940, Los Angeles, CA 90010, stated that prior to incorporation of the City, this piece of land was zoned commercial. When the City incorporated, the General Plan showed the land as residential. When the General Plan was modified in 1980, this property was changed back to commercial but not at the request of the owner. He felt that this project conformed to the General Plan. He added that as he saw it, the traffic situation was the major issue of concern and stated that this would be mitigated by the additional conditions of approval. MR. PETER KOETTING, Westar Associates, 2925 S. Bristol Street, Costa Mesa, CA 92626, showed slides of various other Mervyn's Department Stores and stated that 18 months of study and negotiations with staff and members of the community had taken place. He felt that a key issue was the landscaping on Painters Path and the buffer around the project itself. He explained that they would be using tall palm trees and that the closest the project would come to the Sandpiper residences would be 120 feet. MR. GREG SIMON, H. F. Ahmanson & Company, stated that the Mervyn's Department Store would serve the young families of the community and also generate revenues to the City in the approximate amount of $250,000 to $300,000 . MR. TOM WARD, Vice President of Stores for Mervyn's, stated his company is a very people -oriented company and would provide quality merchandise and excellent customer service. He added that Mervyn's contributes 5% of the pretax earnings back into the communities they serve and support both social and cultural programs in those communities. MR. ROBERT BEST, President of Westar Associates, felt that the primary reason this project should be approved is that it would be in the best interests of the residents in the community. He stated that the store could not be located elsewhere because it would have to be built in an area close to other major department stores and commercial intersections. Westar had looked into building the store on the north side of Highway 111, but a 60,000 square foot store would not work out on that site. He presented a petition signed by 3823 people, of which 1636 were residents of Palm Desert (on file and of record in the City Clerk's Office). He stated that these were all collected the previous weekend and assured the Council that the signatures were obtained properly and not dishonestly. He felt that this was conclusive evidence that the majority of the residents in the City were in favor of this project. He also added that there were 250 card carrying members of Mervyn's in the City at this time. Councilmember Benson asked how the signatures were obtained on the petitions since she had been approached by two people stating that the people collecting the signatures had indicated that they were marketing students from USC and needed the signatures to finish their thesis. Mr. Best responded that there were two part-time students hired to circulate the petitions, and these students brought approximately 12 people down with them to assist in the signature gathering. He stated that they were given specific instructions when they were given the -4- MINUTES - REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * petitions. Councilman Wilson stated that the Councilmembers were trying to get clear in their minds whether the information they had received was valid and invited anyone having any additional information to add to this to come forward and speak. MR. PAUL SELZER, Best, Best & Krieger, Attorney for the applicant, stated that as he saw it there were two ways in which the City could be in compliance with the law. Since the zoning and the General Plan did not match, the City could either amend the zoning to make it conform to the General Plan or vice versa. He stated that the courts in California stated that the General Plan of a city is the "constitutional for future development within the city" and quoted Government Code Section 65860 as stating "in the event the zoning ordinance becomes inconsistent with the General Plan as a result of an amendment to it, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the General Plan." He further stated his interpretation of that section was that the zoning must be amended to conform with the General Plan and that the General Plan could not be amended to be consistent with the zoning. The following spoke in FAVOR of this project because they felt that Mervyn's would draw people to shop in Palm Desert, offer quality merchandise at affordable prices, and also because of Mervyn's history of community involvement: MR. RICHARD TODD, Director of Development, College of the Desert MR. BILL LOWE, 245 Villa, Palm Desert MR. CURT DUNHAM, 73-080 El Paseo, Palm Desert MR. SANDY BAUM, 45-800 Deep Canyon, Palm Desert MR. DEAN COLE, 72-710 Eagle, Palm Desert MR. RONALD MACIOSEK, San Carlos Avenue, Palm Desert MS. NANCY DREW, 73-500 Silver Moon Trail, Palm Desert Mayor Snyder invited input in OPPOSITION. The following spoke in opposition to the rezoning due to increased traffic, noise during and after construction, the possibility that their property value would decrease, danger to health and welfare, and the feeling that this would not be in the best interest of the majority of the people in the community: MS. JANET ABRAMS, 143 W. Torremolinos MR. DAVIN HORN MR. KEITH RICHARDSON, 1707 Sandpiper, Palm Desert MR. TED HERMAN MRS. MADGE HEDLUND MR. BILL TRIPLETT, 612 Sandpiper, Palm Desert MR. PETER TORNAY, 811 Sandpiper, Palm Desert MR. ROMEO PULUQI, 72-805 Tamarisk, Palm Desert MS. JENNY YEATS, El Paseo Village shop owner MS. JACKIE FELDMAN, El Paseo Village shop owner MR. F. L. VAN WINKLE, 35A Sandpiper, Palm Desert Mayor Snyder invited REBUTTAL. MR. CHARLES CENCIBAUGH stated that his company had looked at other properties and was unable to find any which would be workable. He felt that the project as proposed would fit in with the surrounding area and would not negatively affect property values. Mayor Snyder asked the City Clerk to report for the record the public input received prior to this public hearing. Mrs. Gilligan reported the following: - Immediately prior to the meeting, a letter was received from Mr. Sandy Baum in favor. - 53 letters were submitted in favor by R.F. Sweet and Associates. - In response to the newspaper advertisement by Ahmanson, there were 294 total calls to the City. 169 were in favor of the project (102 lived outside the City limits), and 125 were opposed (11 lived outside the.City limits). MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In addition to the many letters the Council had already received copies of, there were 21 letters received on December 13th, with only one in opposition. Mrs. Gilligan noted that all of the records received were on file and of record in the City Clerk's office. Councilmember Benson stated that she had contacted the Palm Desert Town Center and had been advised that since its opening in 1983, a total of 3,850,852 cars had entered the center, which was approximately 10,550 per day. She feit that with the possibility of an additional 8,400 per day from Mervyn's, the problem would just get larger, especially since nothing else had been done to the streets to accommodate this increased traffic. MR. JACK PREESTEIN responded that the traffic figures from the two centers would not necessarily be added together, as there would be people stopping at the Palm Desert Town Center and then running over to Mervyn's for a short stop. He stated that 1/2 to 2/3 of the driveway count would be traffic that was already there, and there would be very little drawn in by Mervyn's itself. Councilman Wilson asked Mr. Cencibaugh how many acres of land the Ahmanson Company owned across Highway 111 and why it was determined to be unsuitable for this type of development. Mr. Cencibaugh responded that there were approximately 15 acres on that site, but the problem was that the shape of the property was not suitable to build a major department store with satellite shops and still provide parking. Mayor Snyder declared the public hearing closed. Councilmember Jackson stated she did not think credence should be given to petitions gathered under misleading statements and that there were ample volunteer letters and phone calls to the City. As far as traffic concerns, she stated that at the request of Councilmember Benson a traffic survey on El Paseo was made over a two week period. The Sheriff's report indicated that several citations were given but none for speeding, which she found hard to believe. However, she felt that perhaps development controls might help the traffic situation. She added that she felt the developer had done everything possible to negate the concerns of the Sandpiper residents. She felt uncomfortable having to make a decision based on a different plan than what was presented to the Planning Commission. She stated that there might be other considerations if this was submitted to the Planning Commission in its present form and thought that maybe it should be sent back to the Planning Commission for additional study. Councilman Wilson stated his concern with the signalization of the entrance to the site and felt that the commercial viability of the City could be destroyed if this type of start and stop, bumper to bumper traffic were allowed. He was concerned over the misrepresentation of the major issue of this request. Mervyn's is not the issue. The issue is the best use of the land. Councilman Kelly stated he did not feel that it would do any good to send this back to the Planning Commission and he felt that the citizens who spoke in opposition were not really concerned with the number of entrances, etc.; they were against the project's location. It was Council's job to either approve or disapprove the change of zone. Councilmember Jackson agreed that the issue was the zoning of the land and asked the City Attorney to clarify the legal ramifications. Mr. Erwin responded that assuming the Council agreed with the -6- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * negative declaration of environmental impact, the next step would be to proceed with the change of zone. His understanding of the Government Code was that if there was a change in the General Plan (which there was in this case) which caused the zoning to then be inconsistent with the General Plan, the Council shall change the zoning so that it is consistent with the General Plan. Once that was done, the next step would be to consider the other issues, the Precise Plan and the Tentative Tract. If the zoning was not changed, then the other items need not be considered. It was his recommendation that the Council change the zone to comply with the Government Code. Councilmember Jackson asked about the City's liability if the zone was not changed. Mr. Erwin responded that if the zoning was not changed and the developer chose to litigate the issue, he would of course defend the City. However, the court may determine that the Council shall change the zoning. Councilman Wilson stated that his major concerns were the Environmental Impact Report and traffic. Mr. Erwin said that the first issue was to determine whether or not staff should be directed to file a negative declaration of environmental impact. Councilman Wilson moved to waive further reading and adopt Resolution No. 84-156, denying the appeal and directing staff to file a negative declaration of environmental impact. Motion was seconded by Benson. Councilmember Jackson asked if this action was proper. Mr. Erwin responded that the Council had the following options: 1) Determine that there are environmental concerns which cannot be mitigated and deny the project. 2) Determine that there are environmental concerns and there may be factors that can mitigate them and call for a full scale Environmental Impact Report. 3) If the Council has one or two concerns, call for a focused Environmental Impact Report. Councilman Wilson withdrew his motion, and Councilmember Benson withdrew her second. Councilman Wilson moved to direct staff to initiate proceedings for a full scale Environmental Impact Report with a main focus on traffic as he had serious concerns which he felt could not be mitigated. Motion was seconded by Jackson and carried by a 4-1 vote with Kelly voting NO as he felt that the Council would not be abiding by the Government Code by proceeding in this manner. Mr. Altman asked who would have to pay for the Environmental Impact Report. Mr. Diaz responded that in some cases the City has required the applicant to pay for it. This would depend on whether an outside firm was used or if it was done in-house. Councilman Wilson stated he was under the impression that this was always the responsibility of the developer. Mr. Diaz stated that if an EIR were required, staff would secure three estimates from consulting firms to contract with the City to do an EIR with reimbursement of costs coming from the applicant. MAYOR SNYDER CALLED A RECESS AT 11:05 P.M. AND RECONVENED THE MEETING AT 11:20 P.M. B. REQUEST FOR APPROVAL OF A 58-LOT TENTATIVE TRACT MAP, DEVELOPMENT AGREEMENT, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 97.5 ACRES WITHIN THE HPR D ZONE WEST OF THE PALM VALLEY STORM CHANNEL, NORTH OF THE PALM DESERT COMMUNITY CENTER. (GEORGE FOX, APPLICANT.) -7- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Diaz reported that this request had been sent back to the Planning Commission for its review of the subdivision specifically under Option 4 of the hillside development ordinance. The Commission did this and based upon information provided by staff and Council input, it modified its recommendation with the concurrence of the applicant to make Phase 2 a single lot, 1130. Mr. Diaz recommended that Council adopt Resolution No. 84-144 and pass Ordinance No. 398 to second reading, amended to read: "Recital E of the Development Agreement: Revised Tentative Tract Map 19503 contemplates the development of the real property in two phases, Phase 1 consisting of 29 lots and Phase 2 consisting of one lot." "Section 4: If applicant can demonstrate the ability to develop Phase 2 consistent with the West Hills Specific Plan GPA 03-82 and the Hillside Planned Residential District Zoning Ordinance No. 322, a future tentative tract map may be approved allowing up to a maximum of 29 residential units in Phase 2." Mayor Snyder invited input from the applicant. MR. ALLEN PERRIER, Attorney for the applicant, reviewed a letter he had written to the Planning Commission. He urged Council's favorable consideration of the Commission's recommendation. Mayor Snyder invited input in FAVOR of the project, and none was offered. He invited input in OPPOSITION to the project, and the following was offered: MR. DON STAGE, 1313 Sandpiper, Palm Desert, expressed opposition to any hillside development. Mayor Snyder declared the Public Hearing closed. Upon question by Council, Mr. McClellan responded that any subdivision in the City requires all engineering work be done prior to final map approval by the City Council. Councilman Wilson expressed concern over locking future Councils into something done by this Council. He felt that whenever the applicant comes in for development of the upper portion of land, the West Hills Specific Plan, which could by then be modified or rescinded, would still apply. He asked why Council could not impose a condition whereby the applicant would have to abide by the rules existing at the time of application. Mr. Perrier stated that the City would have the option to terminate the agreement after 3 years if the applicant had not proceeded with development. Such a new condition would be contrary to the purpose of the development agreement. He offered a provision that after 4 years if the applicant has not filed a plan within 60 days, the City could terminate the agreement. Councilman Wilson responded that if that provision were included, he liked a 3-year time period instead of 4. Councilmember Benson stated that she still had problems with the West Hills Specific Plan. She noted that the 2000 Committee Open Space Subcommittee would be coming forth with recommendations for hillside development, and she would prefer to see a restudy in conjunction with that group's recommendation before approving any further hillside development. Councilmember Jackson stated she felt it totally unfair to make someone already in the pipeline wait until yet another study is done on hillside -8- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * development. She felt his proposal within current guidelines should be considered. Mayor Snyder declared the Public Hearing closed. Upon motion by Jackson, second by Kelly, Resolution No. 84-144 was adopted and Ordinance No. 398 passed to second reading by a 3-2 vote of the Council with Councilmembers Benson and Wilson voting NO. D. REQUEST FOR CONSIDERATION OF PROPOSED HABITAT CONSERVATION PLAN FOR THE COACHELLA VALLEY FRINGE - TOED LIZARD WHICH, IF ACCEPTED, MAY RESULT IN THE IMPOSITION OF A MITIGATION FEE OF $600 PER ACRE UPON PORTIONS OF THE CITY PRIOR TO THE ISSUANCE OF A BUILDING OR GRADING PERMIT. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman recommended that Council receive public input, close the hearing, and take action on Alternate # 1 of the CVAG resolution. Mayor Snyder 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. Councilman Wilson moved to continue the matter to January 24, 1985, directing the Mayor to advise the CVAG Executive Committee of this Council's satisfaction with and willingness to aprove the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan as modified and previously approved by the CVAG Executive Committee. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Council. E. REQUEST FOR VACATION OF STREET RIGHT-OF-WAY WITHIN KINGS POINT DEVELOPMENT (TRACT NO. 4380-1). Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman advised that the necessary legal description had not been submitted for Council review; he recommended a continuance to December 27th. Mayor Snyder invited input from the applicant. MR. WILLIAM BENEZRA, 17 Presidio, addressed Council stating that he would lose his project to foreclosure if the Council did not act on his vacation request. Mayor Snyder responded that he had several problems with this particular tract and this vacation and until the legal description was in front of him, he did not feel he could in good conscience resolve his concerns. Councilmember Jackson suggested approving the request subject to the approval of the Mayor and Director of Public Works. Dave Erwin advised this was possible. MR. WILLIAM MURRAY, Wm. Murray Associates, Corona, addressed Council as engineer for the project and offered to answer any questions. Mayor Snyder 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. Councilmember Jackson moved to waive further reading and adopt Resolution No. 84-155 subject to subsequent approval of the legal description by Mayor Snyder and Director of Public Works Barry McClellan. Councilman Wilson seconded the motion. Motion carried by unanimous vote. F. REQUEST FOR VACATION OF STREET RIGHT-OF-WAY ON MONTEREY AVENUE AT SANTA ROSA WAY. -9- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman advised that all of the necessary paperwork had not been received for Council review of this request and recommended continuance to the meeting of December 27, 1984. Mayor Snyder invited public input, and none was offered. Upon motion by Wilson, second by Jackson, the item was continued to the meeting of December 27, 1984, by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 84-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE FILING OF A CLAIM FOR CALTRANS, 1985 BICYCLE LANE ACCOUNT PROJECTS, FOR THE PURPOSE OF CONSTRUCTING TWO BICYCLE PATHS. Mr. Altman reported that this resolution would authorize the filing of a claim so that the City could receive funds for a bikeway. Upon motion by Kelly, second by Benson, Resolution No. 84-158 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 404 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTERS 5.84, 8.12, 8.15, 9.48, 9.68, 11.01, 11.04, 15.28, 18.04, 19.01 AND 21.04 SETTING FORTH THE PENALTY FOR VIOLATION OF SAID CHAPTERS. Mr. Altman reported no input had been received since first reading. Upon motion by Benson, second by Jackson, Ordinance No. 404 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 405 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATING TO SPEED ZONES. Mr. Altman reported that no input had been received since first reading. Upon motion by Wilson, second by Benson, Ordinance No. 405 was adopted by unanimous vote of the Council. C. ORDINANCE NO. 407 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.86.120 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO MASSAGE ESTABLISHMENT, BATH HOUSE, ESCORT BUREAU AND INTRODUCTORY SERVICE. Mr. Altman reported that no input had been received since first reading of the ordinance. Upon motion by Jackson, second by Benson, Ordinance No. 407 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER N one -10- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. NEW BUSINESS A. REQUEST FOR AWARD OF ENGINEERING CONTRACT FOR DESIGN OF VARIOUS TRAFFIC SIGNAL PROJECTS. Mr. McClellan reported that as a cost -saving measure, the design of three signalization projects had been consolidated: Fred Waring Drive at Deep Canyon Road; Fred Waring Drive at Cook Street; El Paseo at Portola Avenue modification. He recommended award of contract to BDI. Councilman Kelly moved to, by Minute Motion, award the contract to BDI in association with Morse Consulting Co. in the amount of $12,872. Councilman Wilson seconded the motion. Motion carried by unanimous vote. XIII. CONTINUED BUSINESS A. REQUEST FOR ALLOCATION OF FUNDS IN THE AMOUNT OF $1,500.00 TO JOIN CALIFORNIA/ARIZONA/NEVADA INNOVATION GROUP. (Continued from Meeting of November 29, 1984.) Mr. Altman reported that this had been discussed in Study Session and if approved, staff would make a report at the end of the year's membership as to the advantages and disadvantages of participation. Councilmember Jackson moved to, by Minute Motion, approve the allocation of $1,500.00 for membership fees in the California/Arizona/Nevada Innovation Group. Councilmember Benson seconded the motion. Motion carried by unanimous vote. B. REQUEST FROM CITY OF SIGNAL HILL FOR ADOPTION OF A RESOLUTION OPPOSING THE 1985 RATE INCREASE REQUEST SUBMITTED BY GENERAL TELEPHONE COMPANY OF CALIFORNIA TO THE PUBLIC UTILITIES COMMISSION. (Continued from the Meeting of November 29, 1984.) Mr. Altman recommended continuance to the next meeting when Mr. Dan Marino, General Manager of the GTE, could be present to respond to questions. Upon motion by Wilson, second by Jackson, the item was continued to the meeting of December 27, 1984, by unanimous vote. XIV. OLD BUSINESS A. REPORT ON THE PROS AND CONS OF A DIRECTLY ELECTED MAYOR. Councilmembers stated they had not had enough time to review this report thoroughly. Upon motion by Kelly, second by Jackson, the item was continued to the meeting of December 27, 1984, by unanimous vote. B. REPORT ON THE UNDERGROUNDING OF UTILITY POLES ON PORTOLA AVENUE. Mr. Altman reported that if Council concurred, a public hearing would be scheduled regarding the allocation of Edison money for this undergrounding. Councilman Kelly moved to schedule a public hearing for January 10, 1985, for the purpose of considering the allocation of Edison funds for the purpose of undergrounding utility poles on Portola Avenue. Councilman Wilson seconded the motion. Motion carried by unanimous vote. XV. ORAL COMMUNICATIONS - B MR. TIM JOHNSON, 43-101 Portola Avenue, Palm Desert, addressed Council opposing smoking in the Council Chamber and asking that signs prohibiting -11- MINUTES REGULAR CITY COUNCIL MEETING DECEMBER 13, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * same be posted. Council noted that an ordinance did exist and directed staff to post "No Smoking" signs. MR. DICK SMITH, 960 E. Tahquitz, Palm Springs, addressed Council regarding an access road to property west of the Palm Valley Channel. Mr. Altman advised that staff was working on this request and had the Agenda for this meeting not been so heavy, he would have requested Council's consideration this evening. Mr. Smith advised that a near -future meeting would be satisfactory. XVI. REPORTS AND REMARKS A. CITY MANAGER 1. STUDENT GOVERNMENT DAY Mr. Altman reported that, as discussed in Study Session, staff and Council would be hosting students from the `'alm Desert Middle School on January loth for Student Government Day. He requested approval of an expenditure of $400 to pay for the students' lunch and dinner. Councilmember Benson moved to, by Minute Motion, approve an expenditure of $400 for Student Government Day. Councilman Kelly seconded the motion. Motion carried by unanimous vote. 2. POLICE ADVISORY COMMITTEE Mr. Altman requested that the Police Advisory Committee be continued as an on -going group which would meeting monthly. The Committee should also be expanded to include a representative from the Town Center. Councilman Wilson moved to make the Police Advisory Committee a permanent one, including representation from the Town Center, meeting monthly. Councilman Jackson seconded the motion. Motion carried by unanimous vote. B. CITY ATTORNEY REPORT FROM CITY ATTORNEY RELATIVE TO THE CITY MAKING STREET IMPROVEMENTS AND BILLING THE DEVELOPER AT A LATER DATE. Mr. Erwin reported that he had presented Council with a proposed ordinance in Study Session. However, he felt additional changes were required and asked Council to continue consideration to its next meeting. Upon motion by Benson, second by Wilson, the item was continued to the meeting of December 27, 1984, by unanimous vote of the Council. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Snyder asked that everyone note the future meetings listed on the Agenda. XVII. ADJOURNMENT Upon motion by Jackson, second by Benson, and unanimous vote of the Council, Mayor Snyder adjourned the City Council meeting at 12:24 a.m. ATTEST: SHEILA R LLIGA ITY CLERK CITY OF PALM DE 2 , CALIFORNIA WATER H. SNYDERj MAYOR, by RICHARD S. KELLY, Mayor Pro -Temp re -12-