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Home My WebLink About1984-01-12MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 12, 1984 CIVIC CENTER COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. II. IV. V. VI. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly INVOCATION - Councilmember Phyllis Jackson ROLL CALL Present: Excused Absence: Councilmember Phyllis Jackson Councilman Romeo S. Puluqi Mayor Pro-Tempore Richard S. Kelly Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works AWARDS, PRESENTATIONS, AND APPOINTMENTS None CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of December 22, 1983. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-055, 84-063, and 84-064. Rec: Approve as presented. C. CLAIM AGAINST THE CITY by Michell Summers in the Amount of $17.88. Rec: Deny the claim and instruct the City Clerk to so advise the Claimant. D. REQUEST FOR RATIFICATION OF CITY MANAGER APPROVAL of Change Order No. 3 to Contract No. 1058, Portola Avenue Culvert at Haystack Channel. Rec: By Minute Motion, ratify the City Manager's approval. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marjorie E. O'Donnel for The Branding Iron, 73-098 Highway 111, Palm Desert, California. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING 3ANUARY 12, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * -APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Yasumi Miyamoto for Midori, 73-759 Highway 111, Palm Desert, California. Rec: Receive and file. Upon motion by Wilson, second by Kelly, the Consent Calendar was approved as presented by a 4-0-1 vote. VII. ORAL COMMUNICATIONS - A MS. MICHELL SUMMERS, 71-240 Gardess Street, Rancho Mirage, California, addressed Council regarding a claim she had filed against the City for $17.88 for alleged damages to her car caused by a hole in the street. She felt the City was negligent in its road repair. City Attorney Dave Erwin asked if Ms. Summers had advised the City of the ill repair when she discovered it, and she replied she had not. He stated that the City does not have the personnel to consistently check for problem areas and must therefore rely on its citizenry to keep it advised. The procedure to deny and refer to the City's insurance carrier was a standard procedure. VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THE CALIFORNIA HEALTH do SAFETY CODE, SECTION 17962. (Continued from the Meeting of December 22, 1983.) Mayor Snyder noted this was a continued Public Hearing. Mr. Altman reported that while meetings with the Fire Department had been very productive, some items still needed clarification from the City Attorney or the Fire Department. He asked for continuance. 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. Upon motion by Wilson, second by Kelly, the matter was continued to the meeting of January 26, 1984, by a 4-0-1 vote of the Council. B. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A CHANGE OF ZONE FROM R-3 18,000 (3) S.P. (MULTIPLE FAMILY, MINIMUM 18,000 SQ. FT. LOT SIZE, MAXIMUM ONE DWELLING UNIT PER 3,000 SQ. FT. OR LOT SIZE, WITH A SCENIC PRESERVATION OVERLAY) TO PC (4) S.P. (PLANNED RESORT COMMERCIAL, WITH A SCENIC PRESERVATION OVERLAY), APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF A NEW 248 ROOM HOTEL WITH TWO RESTAURANTS (EXISTING BUILDINGS EXCEPT LE PAON RESTAURANT TO BE REMOVED) AND A TENTATIVE TRACT MAP TO CONSOLIDATE THE SITE INTO ONE LOT ON 6.9 ACRES LOCATED 100 FEET SOUTH OF EL PASEO, BETWEEN HIGHWAY 74 AND OCOTILLO DRIVE (AREA INCLUDING AND BETWEEN ADOBE GARDEN HOTEL AND CAROUSEL RESORT HOTEL). ARCH DEVELOPMENT CORPORATION, APPLICANT. CASE NOS. C/Z 07- 83, PP 14-83, AND TT 19697. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman reported that Ray Diaz, Sheila Gilligan, and he had met with members of the Palm Desert Property Owners Association and the owner and her representatives to work out problem areas that existed. He said the meeting had been very productive and that all problem areas seem to be resolved. Mr. Diaz reviewed the staff report in detail noting the project was before Council because of the required zone change which if approved -2- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 12, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * would permit the restaurant use. He noted the problems with the tennis courts had been resolved by lowering the one adjacent to the residential area and limiting hours of lighting them as well as the addition of a planter which would hide them from the street. With regard to the height of the tower, he felt that this could be worked out between the owner and the PDPOA inasmuch as the Association had some discretionary area for this type of approval. Set backs had already been resolved to mitigate noise and traffic problems. Planning Commission and staff recommended approval with the following additions as amendment to Resolution No. 84-1: 1. Delivery of supplies shall occur between 8 a.m. and 8 p.m. 2. Refuse pickup shall not occur between 6 p.m. and 8 a.m. 3. Delivery area shall be screened from view from Ocotillo. 4. Tennis court lighting shall be limited to the two lower courts. 5. Tennis court fencing shall be angled at the corners to provide for some type of planting treatment. 6. The front wall of the parking cover on which tennis courts are located shall be brought forward to provide a planter area on top to break up and screen the tennis court fencing from Highway 74. Mayor Snyder invited input in FAVOR of the request. MS. SHERRY IKISHAWA, Rolling Hills, California, spoke as the owner of the project and assured Council this was a project they would be proud of. MR. RICHARD SPARKS, 74-654 Pepper Tree, Palm Desert, spoke in favor of the request on behalf of the Board of Realtors. MR. DON McNEILLY, Executive Director of the Chamber of Commerce, read a letter of support from the Chamber, said letter attached hereto and made a part hereof as Exhibit "A". MR. CHARLES MARTIN, architect for the project, stated the project would be an enhancement to the community. Mayor Snyder invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Councilman Wilson expressed concern over the height of the tower. Mr. Altman responded that the Palm Desert Property Owners Association would have ultimate approval of this. Upon question by Councilman Wilson, Mr. McClellan offered the following additional amendment to Resolution No. 84-1: "If signal inst nation meets warrants, the developer shall install the traffic signal nd share the costs on a 50-50 basis with the City. Upon motion by Jac son, second by Kelly, Ordinance No. 357 was passed to second reading and Resolution o. 84-1 as amended was adopted by a 4-0-1 vote of the Council. Councilman Wilson stated he still had concern over the PC-4 zone height limitation and dissatisfaction with the 35' maximum, and he asked that the whole issue be reviewed again. C. REQUEST FOF. APPROVAL OF A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE ELEMENT FOR A NINE ACRE SITE AT THE CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE FROM P (PAR <) TO MEDIUM DENSITY RESIDENTIAL 5-7 DWELLING UNITS PER ACRE. Mayor Snyder declared the Public Hearin open and asked for staff'sreport._._ _ Mr. Diaz noted that this General Plan amendment redesignates the northeast cornier of Monterey and Country Club Drives from park to medium densitJ., residential. The current General Plan designation was -3- MINUTES --. REGULAR CITY COUNCIL MEETING JANUARY 12 , 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the result of an approved development plan which has for all practical purposes been abandoned. If approved, park fees would be generated from the area if developed. Planning Commission and staff recommended approval of the request. Mayor Snyder invited input in FAVOR of ther request. MR. D. GRANOTT, Mayer Group, spoke in favor of the proposed amendment. Mayor Snyder invited input in OPPOSITION to the request, and none was offered. He declared the Public Hearing closed. Upon motion by Kelly, second by Jackson, Resolution No. 84-2 was adopted by a 4-0-1 vote. D. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT ZONING ORDINANCE, SECTION 25.30.170, REGARDING VEHICULAR ACCESS FOR PROJECTS IN PLANNED COMMERCIAL ZONES. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Diaz reported that this amendment deleted the limitation of two driveways for projects in the PC zones. The number of driveways would be limited through the development review process rather than establishing an arbitrary number of driveways. Mayor Snyder invited input in FAVOR of the amendment, and none was offered. He invited input in OPPOSITION, and none was offered. He declared the Public Hearing closed. Upon motion by Kelly, second by Wilson, Ordinance No. 358 was passed to second reading by a 4-0-1 vote of the Council. E. REQUEST FOR CONFIRMATION OF ASSESSMENTS ON PROPERTY OWNERS FOR ABATEMENT OF WEEDS AND OTHER NUISANCES. Mr. Altman advised that payment had been received for this lien and no action was now required. No action required; no action taken. IX. RESOLUTIONS a. RESOLUTION NO. 84-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 83-59 BY ADDING TWO NEW CLASSIFICATIONS TO THE TABLE OF AUTHORIZED EMPLOYEE POSITIONS. Mr. Altman reported this resolution authorized the addition of a clerical position and a maintenance position. These positions would be filled with CETA employees and their compensation would be totally reimbursed to the City. Upon motion by Wilson, second by Kelly, Resolution No. 84-5 was adopted by unanimous vote of the Council. X. ORDINANCES For Introduction: A. ORDINANCE NO. 351 - AN. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.04.290 AND 5.04.320 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO BUSINESS LICENSE, TAX. (Continued from the Meeting of December 8, 1983.) -4- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 12, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reported that the Chamber of Commerce had reviewed this ordinance and agreed with it with the following amendment: "Section 5.04.320 - Amended Verification of Books and Records The Tax Administrator or his/her deputies, shall have the power to audit and examine books and records of any person carrying on or conducting business in the City for the purpose of ascertaining the amount of business tax required to be paid by the provisions hereof, and for the purposes of verifying the statements, or by such methods as sales tax records, state or federal income tax forms, or by an audited income statement prepared by a Certified Public Accountant, when filed by the taxpayer pursuant to the provisions of this Title. If such person, after a written demand by the City, refuses to make available for audit, examination or verification of such books and records so stated, the Tax Administrator may, after full consideration of all information within his/her knowledge concerning the business and activities of the person so refusing, make an assessment including penalties as described in Section 5.04.220 of this Title." Upon motion by Wilson, second by Kelly, Ordinance No. 351 as amended was passed to second reading by a 4-0-1 vote of the Council. B. ORDINANCE NO. 353 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 325, SECTION 10.16.100, PERTAINING TO PARKING OF TRUCKS AND RECREATIONAL VECHICLES ON PUBLIC STREETS. (Continued from the Meeting of December 8, 1983.) Mr. Altman reported this ordinance had been referred to a subcommittee for further review. The committee had recommended withdrawal of the ordinance in that it was an unnecessary piece of legislation at this time and would serve only a few instead of a majority. Upon motion by Kelly, second by Jackson, Ordinance No. 353 was withdrawn by a 4-0-1 vote of the Council. C. ORDINANCE NO. 359 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CREATING TITLE 29 OF THE PALM DESERT MUNICIPAL CODE ENTITLED "HOT AIR BALLOONS". Mr. Altman reported that pursuant to Council direction, the City Attorney and Director of Environmental Services had drafted an ordinance which Council had received. He advised that staff did not recommend this ordinance. He added that the issue had been thoroughly reviewed in Study Session. Councilman Wilson stated for the record that it should be made clear that if the City wanted to allow ballooning, this ordinance would in essence prohibit it. Mayor Snyder noted that this was not a Public Hearing but with Council's concurrence, he invited public testimony. The following people spoke against the proposed ordinance and in favor of one that would allow the activity: MR. TONY FRANCO, Director of the Coachella Valley Recreation & Park District. MR. ROGER BARKER, President of the Southern California Balloon Association. MR. JERRY MILES, 11323 Donna Lolla Way, Studio City, California.- - Mr. Erwin stated his concern was one of potential liability to the City. He had not looked at it from a possible licensing rather than an ordinance allowing it. - 5- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 12, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. OLD BUSINESS A. REQUEST FOR AWARD OF BID TO ROBERT JACOBS CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE COVE COMMUNITIES SENIORS CENTER. Councilman Wilson moved to, by Minute Motion, award the Contract to Robert Jacobs Construction Company in the amount of $429,000 and adopt project budget as stated in the staff report. Councilman Jackson seconded the motion. Motion carried by a 4-0-1 vote. B. REQUEST FOR AWARD OF CONTRACT FOR THE ABATEMENT OF PUBLIC NUISANCES. Councilman Wilson moved to, by Minute Motion, award the contract to Herbert Johnson and authorize the Mayor to execute same. Councilman Kelly seconded the motion. Motion carried by a 4-0-1 vote. XV. XVI. ORAL COMMUNICATIONS - B None REPORTS AND REMARKS A. CITY MANAGER 1. Open House & Awards Presentation Mr. Altman reported that Study Session would commence at 2:30 p.m. prior to the January 26th meeting to allow Council time to break for the 6 p.m open house with the awards presentation scheduled for 7 p.m. 2. Monterey Bridge Mr. Altman reported the task force was on schedule with target dates being met for this project. B. CITY ATTORNEY N one C. MAYOR AND MEMBERS OF THE CITY COUNCIL Upon question by Councilman Kelly, Mr. Altman reported that the calendar was at the printers now and would be available in about 10 days. Councilman Wilson noted a letter from the League of California Cities reporting SenatoryRobert Presley's voting record on local issues. He asked that the Mayor write a letter thanking and commending the Senator. Councilman Wilson moved to have the Mayor write a letter to Senator Presley thanking him for his local support. Councilman Jackson seconded the motion. Motion carried by a 4-0-1 vote of the Council. -7- MINUTES REGULAR CITY COUNCIL MEETING JANUARY 12, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * However, he stated if the City granted a permit and something happened, the City would be named as a defendant. Upon motion by Kelly, second by Jackson, the item was continued to the meeting of January 26, 1984, to allow for more study and answers to questions raised. For Adoption: A. ORDINANCE NO. 354 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 8.04 OF THE MUNICIPAL CODE AND PROVIDING FOR A NEW CHAPTER REGULATING FOOD HANDLERS. Upon motion by Wilson, second by Kelly, Ordinance No. 354 was continued to the meeting of January 26, 1984, when Councilman Puluqi would be present to receive answers to questions raised. XI. XII. CONSENT ITEMS HELD OVER None NEW BUSINESS A. REQUEST FOR APPROVAL OF "NO FEE" PERMIT FOR FREE EVAPORATIVE COOLER PROGRAM. Mr. Altman reported this item had been discussed at length in Study Session with a presentation by Mr. Kermit Martin of Southern California Edison. With the rebate of $328 from SCE and another of $328 from the California Energy Commission as well as our no fee policy, a qualified applicant could have an evaporative cooler installed almost free. Councilman Wilson moved to waive further reading and adopt Resolution No. 84-4, approving a "no fee" mechanical permit and inspection for the Free Evaporative Cooler Program. Councilman Kelly seconded the motion. Motion carried by 4-0-1 vote of the Council. B. REQUEST FOR APPROVAL OF AMENDMENT TO THE SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT. Mr. Altman reported this amendment would allow the Cities of Cathedral City and LaQuinta to participate in the Joint Powers Agreement without an initiation fee. This was proposed because they had in essence paid a fee for their territory through the County of Riverside before incorporation. Councilman Kelly moved to approve the amendment and authorize the Mayor to execute. Councilman Jackson seconded the motion. Motion carried by 4-0-1 vote of the Council. C. REQUEST FOR APPROVAL OF CONTRACT WITH MANAGEMENT SERVICES INSTITUTE TO RECOMPUTE THE PROPOSITION 4 APPROPRIATIONS LIMIT AND TO DEVELOP A COST- EFFECTIVENESS MANAGEMENT SYSTEM. Mr. Altman reported that Mr. Doug Ayres had made a lengthy and thorough presentation in Study Session. Upon motion by Wilson, second by Kelly, Resolution No. 84-6 was adopted by a 4-0-1 vote of the Council. XIII. CONTINUED BUSINESS done= - -6- MINUTES - (,) REGULAR CITY COUNCIL MEETING JANUARY 12, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. Mayor Snyd r asked that everyone -note the future meetings listed on the agenda, particularly the 2:30 Study Session on the 26th. ADJOURNMENT Upon motion by Kelly, second by Wilson, and a unanimous vote of the Councilmembers present, Mayor Snyder adjourned the meeting at 8:58 p.m. ATTEST: 4H�1� EILA R. GILUGAN, CITY RK CITY OF PALM DESERT, '- IFORNIA -8- WA TER H. SNYDER MAYQIR MINUTES REGULAR CITY COUNCIL MEETING JANUARY 12, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" The Smartest Address on the Golden Desert PALM OE/ERT on"roRn'n : / Chamber of Commerce Y v (f, _ GOLF AND TENNIS VACATION CAPITAL OF THE WORLD i !. 74-004 HIGHWAY 111 / PAL1,1 DESERT, CALIFORNIA 92260 / (714) 346-6111 ...., DON MCNEILLY, EXECUTIVE DIRECTOR December 6, 1983 Honorable City Council City of Palm Desert 73-510 Fred Warinn Drive Palm Desert, CA 92260 It is apparent to all of us, now, that our fair city is to be blessed (?) with hotel accommodations of exceptionally high quality and, indeed, "world class" stature. Most recently applications are filed and preparations underway for units which will be constructed on Hwy 74 and on El Paseo. It is not our intention or prerogative to "boost" any specific project or developer .. but .. we are impelled to transmit to you our belief that accommodations of highest quality will be desirable additions and attributes to our entire community. The two aforementioned particularly because of their proximity to our beautiful and rapidly developing shopping district. We trust that you will accept our position as being one which is at the same time consistent with the program of development which the city has espoused and with the needs of our commercial community in their quest for continued prosperity. Sin rely, Larry Spier, President For the Board of Directors -9-