Loading...
HomeMy WebLinkAbout1984-07-26MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 26, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. Q. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson QI. INVOCATION - Councilmember Phyllis Jackson IV. ROLL CALL Present: Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Doug Philips, Deputy City Attorney Sheila R. Gilligan, City Clerk Barry D. McClellan, Director of Public Works Ramon A. Diaz, Director of Environmental Services Kirby J. Warner, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. REQUEST FOR APPOINTMENT of Mrs. Bea Howorth to the Civic Arts Committee. Upon motion by Jackson, second by Puluqi, and unanimous vote of the Council, Mrs. Bea Howorth was appointed a member of the Civic Arts Committee. VI. CONSENT CALENDAR A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 28, 1984, AND THE ADJOURNED MEETING OF JULY S, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - DEMAND NOS. 84-116, 84-122, 84-123, AND 84-124. Rec: Approve as presented. C. STATEMENT OF CASH TRANSACTIONS FOR THE MONTH OF MAY, 1984. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE BY JAYAK, INC. FOR THE GALLERY, 73-520 EL PASEO, PALM DESERT, CALIFORNIA. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE BY MOHAMMEDALI HAJIFIROUZABADI FOR LABELLE E'POQUE, 73-111 EL PASEO, PALM DESERT, CALIFORNIA. Rec: Receive and file. F. RESOLUTION NO. 84-100 - 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. G. RESOLUTION NO. 84-101 - 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. H. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR TRAFFIC SIGNAL EQUIPMENT FOR CONTRACT NO. 1061. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the purchase of traffic signal equipment for the subject contract. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR CONSTRUCTION OF THE FRED WARING DRIVE/MONTEREY AVENUE STORM DRAIN AND STREET WIDENING PROJECT (CONTRACT NO. 1052). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. J. REQUEST FOR APPROVAL OF NOTICE OF COMPLETION FOR CIVIC CENTER. Rec: By Minute Motion, approve the Notice of Completion and direct the City Clerk to file with the Office of the Recorder. Mrs. Gilligan requested that the Council continue Item A, approval of the Minutes of the July 5, 1984, meeting to August 9, 1984, as they were not completed in time for this meeting. Upon motion by Puluqi, second by Kelly, the Consent Calendar, with the exception of Item A, the July 5, 1984, Minutes, was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A None -2- MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST BY NELSON DEVELOPMENT COMPANY, INC. FOR APPROVAL OF A DEVELOPMENT AGREEMENT SPECIFYING TERMS AND CONDITIONS FOR THE MANAGEMENT OF 10 FOURPLEX BUILDINGS (40 APARTMENT UNITS), WHICH WILL INCLUDE 10 UNITS AFFORDABLE BY MODERATE INCOME HOUSEHOLDS LOCATED ON THE NORTH SIDE OF DRIFTWOOD DRIVE, EAST OF DEEP CANYON ROAD. (Continued from the meeting of June 28, 1984.) Mayor Snyder noted that this was a continued public hearing and asked for Staff's report. Mr. Altman reported that this had been discussed in Study Session and that it was Staff's recommendation that this item be continued so that more research can be done relative to the legal requirements of the Density Bonus Program. Councilman Puluqi and Councilmember Jackson both stated their feelings that the Council should make a decision on this matter now. Mayor Snyder invited input in FAVOR of this request. MR. KEN NELSON, 48-000 San Ysidro, La Quinta, addressed the Council and stated that if the Council was going to decide whether to grant the density bonus or provide other incentives of equivalent financial value (as indicated in the Staff report), he would prefer the density bonus. He noted that they are ready to move ahead on this project. He further stated that as it had been more than 90 days since the request was submitted, he would appreciate the Council making a decision at this time and not delaying it any longer. Mayor Snyder invited input in OPPOSITION to this request, and none was offered. Mayor Snyder recommended that the matter be continued for two weeks while the density bonus program problems are being worked out. Councilman Wilson requested that the Planning Department include in the Agenda packets a plot plan that shows the precise area in question. Mr. Diaz responded that this will be done in the future. Councilman Kelly stated his feeling that the Council has enough information to act on this item at this time, and Councilmember Jackson concurred. Councilman Wilson questioned whether anyone from the properties adjacent to this project had come forward with their views. Mr. Diaz responded that notices had been sent out to all adjacent property owners and that to date no one had come forward. With no further input offered, Mayor Snyder declared the public hearing closed. Upon motion by Puluqi, second by Jackson, Ordinance No. 378 was passed to second reading by unanimous vote. B. CONSIDERATION OF A REQUEST BY TED MARTINEZ FOR APPROVAL OF A 25% DENSITY BONUS DEVELOPMENT AGREEMENT FOR A 28-UNIT APARTMENT COMPLEX LOCATED 225 FEET SOUTH OF THE HIGHWAY 111 FRONTAGE ROAD BETWEEN DEEP CANYON ROAD AND SHADOW HILLS ROAD. (Continued from the meeting of June 28, 1984.) Mayor Snyder noted that this was a continued public hearing and asked for Staffs report. -3- MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz reported that as indicated in the Staff report, the applicant had asked for a 25% density bonus based on the density he is now allowed for this site. The development agreement and precise plan were approved by the Planning Commission at its June 9, 1984, meeting. Mayor Snyder invited input in FAVOR of this request. MR. TED MARTINEZ, the applicant, addressed the Council and asked that it approve this request. Mayor Snyder invited input in OPPOSITION to this request, and none was offered. Councilman Puluqi stated he felt this should be approved. Councilman Wilson stated that he had already seen some construction on this site and questioned whether this was allowed. Mr. Diaz responded that the applicant had received previous approval to build 22 units and this request was for additional construction. Mayor Snyder declared the public hearing closed. Upon motion by Puluqi, second by Jackson, Ordinance No. 380 was passed to second reading by unanimous vote. C. CONSIDERATION OF AN ORDINANCE ADOPTING ' THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THE CALIFORNIA HEALTH ac SAFETY CODE, SECTION 17962. (Continued from the Meetings of December 22, 1983, January 12, January 26, February 9, February 23, and March 8, March 22, April 26, and June 14, 1984.) Mayor Snyder noted that this was a continued public hearing and asked for Staffs report. Mr. Altman reported that Eastern Division Chief Eric Vogt was still working with the Coachella Valley Water District to resolve inspection problems and recommended continuance of this matter to the meeting of August 23, 1984. Upon motion by Wilson, second by Kelly, this matter was continued to the meeting of August 23, 1984, by unanimous vote. D. REPORT FROM PLANNING COMMISSION ON CITY COUNCIL APPEAL OF A CONDITIONAL USE PERMIT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION AND OPERATION OF A 12,000 SQUARE FOOT RESTAURANT IN A GENERAL COMMERCIAL ZONE LOCATED ON THE SOUTHWEST SIDE OF HIGHWAY 111, 300 FEET NORTHWEST OF PAINTERS PATH. DONALD McMILLAN, APPLICANT. Mayor Snyder noted that this was a continued public hearing and asked for Staff's report. Mr. Diaz reported that this matter had been before the Council at its meeting of June 28th and that the Council had returned it to the Planning Commission for further study. The Planning Commission reviewed each major section of the Negative Declaration. After that review, the Planning Commission determined that the item dealing with traffic hazards should be checked "yes" rather than "no". It was further determined that the addition of a condition requiring a median or other device on Highway 111, physically removing left turn ingress and egress to the site, would mitigate this impact and should be imposed by Council. Mr. Diaz stated that the Council had received a transcript of that portion of the Planning Commission meeting where this matter was discussed. -4- MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder invited input in FAVOR of this request. MR. DONALD McMILLAN, applicant, addressed the Council and stated that he had three points that he felt needed to be answered: 1. With regard to the left turn situation, it was his position that they will comply with the governing body and that this will be worked out between the City and Caltrans. They are not asking for any left turn ingress or egress; they will ask for right turn ingress and egress only if that would be satisfactory to the Council. 2. He next addressed the factor of safety of the public on a road that comes down a hillside. He stated they have met all of the requirements as far as width, grades, and composition of materials. As far as the potential hazards of driving on this road, there will be railings or safety guards, and the road will be well marked and well lit. He also presented photos of three other hilltop restaurants (Scenic Mountain in Yucca, Pomona Valley Mining in Pomona, and Orange County Mining in Garden Grove), which were all built on the same type of site as this would be. During a 22 year span there has only been one minor accident on these roads. He felt the standards he was meeting far exceeded those which had to be met by the other restaurants as conditions of approval. 3. As far as the issue of soil conditions, Mr. McMillan stated that in the normal process of building, soil surveys would have to be done to determine the stability of the land and any other potential hazards which might exist. Anything found unsatisfactory would be corrected before any construction began. He noted that he had both the architect and the engineer on hand to answer any questions the Council might have. He further stated his feeling that approval of this project would not necessarily set a precedent because there is no other hilltop land in the City of Palm Desert on which this type of building could be constructed. Mayor Snyder invited input in OPPOSITION to the request, and the following was offered: MS. KAY CRAIG, 72-992 Bel Air, addressed the Council and stated her feeling that this restaurant would add nothing to the desert and would only spoil the beauty of the mountains. MR. JOE REINO, 72-932 Masson, addressed the Council and stated that he felt this would indeed set a precedent and he did not want any restaurants built on the mountains. He stated that he had conducted a survey in the last 48 hours to find out how the people feel about this issue. It was his finding that 96% objected to the site because of concerns that the mountain would be scarred. They do not want to see lights on the hill. They were also concerned about the safety on such a road. He submitted his petition for the record (attached hereto and made a part hereof as Exhibit "A"). Councilman Kelly questioned where the survey was done and asked if the people were picked at random. Mr. Reino responded that he polled people from his own neighborhood as well as in front of several stores and also on streets around Pitahaya and Beavertail. He noted he tried to stay away from friends because he did not want to put them on the spot. He also stated his feeling that this issue was important enough to be placed on the ballot for a vote of the people. Councilman Kelly questioned the fact that the petition only had the names of the those people who are opposed to the project. Mr. Reino responded that he also had the names of those who were in favor of the project if the Council wanted them. -5- MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Reino went on to state that he had read an article in the Desert Post relative to this project and asked who would pay for the left turn median. Mayor Snyder responded that any modifications would have to be paid for by the applicant. MR. BILL WARE, 73-891 Masson Street, addressed the Council and stated that he would like to see the mountains remain the way they are now and that he had painted the mural in the Council Chamber as a constant reminder of the way the desert looks now. Councilman Kelly noted for the record that he was absent from the last meeting when this project was first discussed. However, he did listen to the tapes and read the transcript of the City Council meeting. Councilman Wilson stated that he felt this was an important decision and one that should not be made hastily. He had read the transcript of the Planning Commission discussion on this matter and disagreed with their decision because he felt that this type of project should require an Environmental Impact Report (EIR). Wilson noted the following sections of the General Plan: Page III, C-21, "The hillside is an important natural feature within Palm Desert and its preservation increases the overall visual quality of Palm Desert by enhancing visual identity, diversity, and interest of the area". Page V, A-33, which lists an implementation policy of the General Plan as follows: "Make the preservation of scenic vistas an integral factor in all land development decisions over which the City has jurisdiction". He noted that the General Plan had an EIR done on it and if we are going to deviate from the General Plan, we should at least have an EIR done to assess the impact of that. He stated a mistake had been made when the zoning was changed from Open Space to Commercial. He felt the mistake should be admitted, and the Council should deny the project and instruct staff to change the designation back to the zoning prior to the change. Councilman Kelly stated his concern with the change of zone. He was on the Council at that time and was involved in the hillside overlay zoning. The philosophy was to protect the mountains and hills. He felt the zoning would not have been changed if they had known that the property was a mountain. He further stated that he agreed with Councilman Wilson that a mistake had been made. Councilmember Jackson questioned whether the zoning was Open Space until the hillside ordinance was adopted. Mr. Diaz responded that prior to the rezoning it was zoned Open Space and was changed last year from Open Space on that portion. Councilmember Jackson stated her feeling that a property owner has the right to do what he wants on his own property as long as it is in keeping with what the zoning allows. It was also her understanding that in order to put the zoning back to Open Space, the City would have to purchase the property. Mr. Diaz responded that this was not true. Councilman Puluqi stated his belief that this is the best use of the land. He felt the restaurant would be an added attraction to the City. He also felt the whole issue of hilltop building should be put to a vote of the people on the November ballot. Councilman Wilson stated he felt the most fair way to settle this matter would be to put in on the November ballot. MR. RICHARD ROEMMER, attorney for the applicant, addressed the Council relative to the matter of the City purchasing the property. He stated that under C-1 zoning section 25.28.030, a permitted use, subject to a CUP, is a restaurant. He felt that by putting this matter on the ballot, the Council would be asking the public to vote on the zoning, not -6- MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * whether or not a restaurant should be built on that property. He felt the issue tonight was whether to approve the restaurant or change the zoning of the property. He also noted that this is the 5th public hearing on this matter and he felt a decision should be made one way or the other. Councilman Puluqi questioned whether a restaurant could be built at the base of the hill. Mr. Diaz responded that there would not be enough room to build any sizeable building in that area. Councilman Puluqi stated he felt that if that is the case, then by denying the request the Council would be denying Mr. McMillan the right to build on his property. Mayor Snyder invited REBUTTAL. MR. BILL WARE stated he had no problem with Mr. McMillan building a restaurant at the base of the mountain because no one would be able to see it. Councilmember Jackson questioned Councilman Wilson relative to his feelings about an EIR being done. Wilson responded that he felt the least the Council can do is to require that an EIR be done. Councilman Puluqi reiterated his feelings that the matter of building on hillsides should be given to the voters and not just this project. Councilmember Jackson stated that she felt a decision is owed to the applicant and agreed with Councilman Puluqi that the entire hillside building matter should be given to the voters to decide. Councilmember Wilson stated that he felt that a restaurant on this particular site was a violation of the General Plan. Councilman Wilson moved to deny the request for a CUP and instruct Staff to prepare a resolution of denial to be put before the Council at its August 9, 1984, meeting. The motion was seconded by Kelly. With Wilson and Kelly voting YES, Puluqi and Jackson voting NO, Mayor Snyder called a 5-minute recess at 8:30 p.m. in order to ask the City Attorney for clarification of the impact of this vote. The meeting was reconvened at 8:40 p.m., and Mayor Snyder voted YES to deny the CUP. Motion carried by a 3-2 vote of the Council. Councilman Puluqi moved to place the hillside overlay issue on the November ballot. Motion died for lack of a second. Councilman Wilson stated that the issue was commercial development, not residential development, and suggested that maybe on the hillside overlay ordinance the Council could rescind all commercial development on hillsides. He then asked staff to come up with a recommendation and proper wording for the next meeting. City Clerk Sheila Gilligan stated that in order to place this on the November ballot, it would have to be advertised by August 3, 1984; therefore, it would have to be given to the newspaper by noon on Monday, July 30, 1984, at the latest. Councilman Puluqi moved to place this on the November ballot to read as follows: "Should development, whether residential or commercial, be allowed west of the Palm Valley Flood Channel and south of Painters Path". MR. BOB DOWNS, 43-155 Portola, Palm Desert, a Planning Commissioner, addressed Council and stated that he felt the motion should include "from the general line of demarcation". Councilman Wilson seconded the motion by Puluqi. Councilmember Jackson stated her feeling that a measure like this would have to be very detailed on the ballot in order to make it understandable. Doug Phillips suggested that he and Mr. Diaz get together to work out the correct wording. Council concurred, and motion carried by unanimous vote. Deputy City Attorney Doug Phillips and City Clerk Sheila Gilligan left the meeting to work on the proposed wording for discussion at the end of the Agenda. -7- MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2 (CANYON COVE - TRACT 11636). (Continued from the Meetings of June 14 and June 28, 1984.) Mayor Snyder noted that this was a continued public hearing and asked for Staff's report. Mr. Altman reported that litigation involving this district was resolved by dissolution of the annexation to the district which took place last year. Various alternatives for landscaping are now being reviewed and it is not known at this time which alternative will be selected; therefore, it is not possible to determine the annual assessment requirements for the district. It is Staff's recommendation that the Council declare that no assessments be levied for this assessment district during fiscal year 1984/85 and any adjustments be made next year. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilman Wilson questioned whether a nominal amount should be assessed in case there are expenses over the year so that it does not look like there is an abandonment. Mc McClellan responded that he had asked the City Attorney if a token amount was necessary, and he had advised that it was not. Councilman Wilson moved to, by Minute Motion, declare that no assessments will be levied for this district during fiscal year 1984/85. Motion was seconded by Puluqi and carried by unanimous vote of the Council. F. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM R-2 (SINGLE FAMILY, MAXIMUM ONE UNIT PER 4,000 SQ. FT. OF LOT AREA) TO R-3 (MULTIPLE FAMILY, ONE UNIT PER 2,500 SQ. FT. OF LOT AREA) FOR 2 LOTS ON THE WEST SIDE OF SAN RAFAEL AVENUE, APPROXIMATELY 220 FEET NORTH OF SAN GORGONIO WAY). STAN F. do FRANK W. LITTLE, APPLICANTS. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Diaz reviewed the staff report in detail and recommended that Ordinance No. 384 be passed to second reading. Mayor Snyder invited input in FAVOR of this request. MS. MARGE PAINE, 44-457 San Rafael, Palm Desert, addressed the Council and stated that she owned property adjacent to the property being discussed. She stated that this street runs from San Gorgonio to Catalina and that half of the block is zoned R-3 and the other is R-2 zoning. She felt affordable housing should be allowed here. MS. HOLMBERG, 73-289 Ridgecrest, Palm Desert, stated she felt the location is ideal for this type of zoning. MR. STAN LITTLE, 72-668 Bel Air, Palm Desert, the applicant, stated that the rents in this area are $200 - $325 per month and noted that an additional duplex is desirable to make the property economically feasible. Mayor Snyder invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Upon motion by Wilson, second by Kelly, Ordinance No. 384 was passed to second reading by unanimous vote of the Council. -8- MINUTES REGULAR CITY COUNCIL MEETING 1ULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM PR-6, S.P. (PLANNED RESIDENTIAL, MAXIMUM 6 DWELLING UNITS PER ACRE, SCENIC PRESERVATION OVERLAY) TO PC (3) S.P. (REGIONAL COMMERCIAL, SCENIC PRESERVATION OVERLAY) AND PARCEL MAP TO DIVIDE ONE LOT INTO TWO LOTS IN ORDER TO ALLOW ADDITIONAL PARKING AND RELOCATED WALLS AND LANDSCAPING, LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE BETWEEN EL PASEO AND FAIRHAVEN DRIVE. ERNEST W. HAHN ac PSOMAS & ASSOCIATES, APPLICANTS. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Altman reported that this was to allow additional parking for the Robinson's Department Store in the Palm Desert Town Center. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. Councilman Wilson questioned the additional parking. Mr. Diaz responded that the additional parking was a request of the department store and not required by the City. Mayor Snyder declared the public hearing closed. Upon motion by Puluqi, second by Jackson, Ordinance No. 385 was passed to second reading by unanimous vote of the Council. H. REQUEST OF APPROVAL OF CHANGE OF ZONE FROM PR-5 TO PR- 7 (PLANNED RESIDENTIAL, 7 D.U./ACRE), A PRECISE PLAN OF DESIGN TO ALLOW DEVELOPMENT OF 73 SINGLE RESIDENTIAL LOTS AND 220 APARTMENT UNITS, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF FRED WARING DRIVE AND COOK STREET. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Diaz reviewed the staff report in detail, noting that the change of zone from 5 d.u./acre to 7 d.u./acre was within the designation of the General Plan. Staff felt that if a change of zone is approved, the best way to buffer the development would be to have the lower density development adjacent to Fred Waring and Cook, with the higher density development directly across from the high school and sports complex. The development agreement would ensure that only 6.96 d.u./acre are approved, eliminating consideration of a 25% density bonus at a later date. Councilman Wilson questioned whether the Cook Street entrance would create a hazard because of the high school. Mr. Diaz responded that it was the only place to put an access road. He noted that two points of ingress and egress are necessary; one will be on Fred Waring Drive, and Cook Street was the only other place to put the second entrance. Mayor Snyder invited input in FAVOR of this request. MR. CHUCK STROTHER of C.R.S. Development Corporation, 74-990 Velie Way, Palm Desert, addressed the Council and stated that he felt that the location of this project so close to the high school would be good for the community. He further stated that it was not just a density increase that was being requested, but rather a product change. They did not want to build condominiums; instead, they wanted to build apartments and single-family homes. Changing the zoning would allow that. Councilmember Jackson stated that this was one of the subjects under discussion in the City's 2000 Committee. We are trying to get away from the total country club living and into more family oriented. -9- MINUTES REGULAR CITY COUNCIL MEETING 3ULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Upon motion by Puluqi, second by Kelly, Resolution No. 84-102 was adopted and Ordinance No. 386 was passed to second reading by unanimous vote of the Council. MAYOR SNYDER CALLED A 10-MINUTE RECESS AT 9:25 P.M. AND RECONVENED THE MEETING AT 9:45 P.M. IX. RESOLUTIONS A. RESOLUTION NO. 84-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE APPLICATION FOR A CITY CREDIT CARD AND SIGNATURES THEREFOR. Mr. Altman reported that this was discussed in Study Session. Section 3 was added to read: "Said credit card shall be issued at a limit of $500 and kept in the safe by the Director of Finance for petty cash purchases of food/supplies for various Council events." Councilman Puluqi questioned the limit of $500 and felt it might not be sufficient. Mr. Warner responded that the specific items that will be purchased with the credit card will most likely not be more than $500 during any one billing cycle. Upon motion by Jackson, second by Puluqi, Resolution No. 84-103 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 84-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TO LEVY A SPECIAL TAX PURSUANT TO SECTION 53978 OF THE GOVERNMENT CODE FOR FIRE PROTECTION AND PREVENTION SERVICES FOR FISCAL YEAR 1984/85. Mr. Altman reported that in April, 1980, the voters approved a special tax for fire protection and prevention. The amount charged this year will be the same as last year. Upon motion by Wilson, second by Puluqi, Resolution No. 84-104 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 84-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING A VARIANCE TO TITLE 28 (ORDINANCE NO. 221) PROVIDED FOR IN CHAPTER 12 OF SAID TITLE (ORDINANCE NO. 230). Mr. Altman reported that this was a routine variance to the Flood Damage Prevention Ordinance which was applied for by the owner of a residential lot on the northeast corner of North View Drive and Quail Hollow Drive. Upon motion by Jackson, second by Puluqi, Resolution No. 84-105 was adopted by unanimous vote of the Council. D. RESOLUTION NO. 84-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A REQUESTED CHANGE OF ZONE, PRECISE PLAN AND TENTATIVE TRACT MAP FOR 38.6 ACRES LOCATED ON THE NORTH SIDE OF MESA VIEW DRIVE, EAST OF ALAMO DRIVE. CASE NO. C/Z 84-6, PP 84-15, TT 20102. Mr. Altman reported that on June 28, 1984, the Council held a public hearing to consider a request for change of zone, tentative tract map, and precise plan by Watt Industries/Palm Springs, Inc. At that time the Council directed Staff to prepare a resolution denying the request. -10- MINUTES REGULAR CITY COUNCIL MEETING DULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Wilson, second by Snyder, Resolution No. 84-106 was adopted by a 3-1-1 vote of the Council, with Jackson voting NO and Kelly ABSTAINING as he was not present for the public hearing. X. ORDINANCES For Introduction: A. ORDINANCE NO. 387 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.86.050 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO APPEAL OF DECISION OF PLANNING COMMISSION. Mr. Altman reported that this ordinance amended Section 25.86.050 of the Municipal Code of the City of Palm Desert relating to appeal of a Planning Commission decision. This amendment provides that individual City Councilmembers may also appeal a decision of the Planning Commission. Councilman Wilson questioned the way the current ordinance reads. Mr. Diaz responded that the City Attorney was asked to clarify the existing ordinance because it did not specifically state that City Councilmembers may appeal decisions of the Planning Commission. This amendment just spells it out. Upon motion by Wilson, second by Puluqi, Ordinance No. 387 was passed to second reading by unanimous vote of the Council. B. ORDINANCE NO. 388 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.80.020, 5.80.030, 5.80.090, AND 5.80.240 AND ADDING NEW INFORMATION ITEMS 15 AND 17 TO SECTIONS 5.80.030(A) AND 5.80.230(A) PERTAINING TO CHARITABLE, RELIGIOUS, AND NONPROFIT SOLICITING. Mr. Altman reported that this ordinance will require all solicitors connected with or to be connected with solicitations to furnish names, home addresses, telephone numbers, social security numbers, and driver license numbers. Upon motion by Puluqi, second by Jackson, Ordinance No. 388 was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 381 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM SERVICE INDUSTRIAL TO AFFORDABLE HIGH DENSITY PLANNED RESIDENTIAL, 18 D.U./ACRE FOR PROPERTY LOCATED SOUTH OF THE INTERSECTION OF BEACON HILL AND HOVLEY LANE, ALSO DESCRIBED AS APN 619-060-027. CASE NO. C/Z 84-5. Mr. Altman reported that no further input has been received since first reading of this ordinance and recommended adoption. Upon motion by Jackson, second by Snyder, Ordinance No. 381 was adopted by a 4-1 vote of the Council, with Wilson voting NO for reasons stated when the ordinance was introduced. B. ORDINANCE NO. 382 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO TERMS AND CONDITIONS FOR THE RENTING OF AN APPROVED 28 UNIT APARTMENT COMPLEX LOCATED SOUTHERLY OF THE INTERSECTION OF BEACON HILL AND HOVLEY LANE. CASE NO. DA-7. -11- MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 110, Mr. Altman reported that no further input has been received since first reading of this ordinance and recommended adoption. Upon motion by Kelly, second by Jackson, Ordinance No. 382 was adopted by unanimous vote of the Council. Mr. Diaz stated that since the Council had approved these ordinances, it now needed to consider the request from JPH Enterprises for the City to participate in the Multi -family Mortgage Revenue Bond Program. If the Council approved the request, a resolution of intent would need to be prepared and submitted to the Council at the next meeting. Councilmember Jackson moved to instruct Staff to prepare a resolution of intent allowing the use of Multi -family Mortgage Revenue Bonds on this project. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilman Wilson voting NO. C. ORDINANCE NO. 383 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.80.010 OF THE PALM DESERT MUNICIPAL CODE AS IT RELATES TO THE REGULATION OF PRIVATELY OWNED AND MAINTAINED STREETS AND PARKING AREAS. Mr. Altman reported that this ordinance will allow enforcement of traffic and vehicle laws north of Highway 111 in privately owned and maintained streets and parking areas, including the Palm Desert Town Center. He stated that no further input hadbeen received since first reading of this ordinance and recommended adoption. Upon motion by Wilson, second by Kelly, Ordinance No. 383 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR FORMATION OF EL PASEO BUSINESS IMPROVEMENT AREA. Mr. Altman reported that this was discussed in Study Session and recommended the Council adopt a resolution of intent to establish an area under the Parking and Business Improvement Areas Law on 1979. He further noted that a public hearing was scheduled for August 23, 1984, to consider the formation of said parking and business improvement area and the levy of the proposed charges. Upon motion by Wilson, second by Jackson, Resolution No. 84-107 was adopted by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF CONTRACT WITH DAVIS & ASSOCIATES. Mr. Altman reported that the Advertising & Promotion Committee has approved Davis & Associates as our advertising representative for fiscal year 1984/85. This contract is the same as approved last year except for the monthly fee, which increased from $1,000 to $1,250 per month. This increase results from Davis & Associates assuming responsibility for direct mail inquiries (for which we were previously paying the Chamber of Commerce), and for increased services in the community promotion area. Councilman Puluqi moved to, by Minute Motion, approve Contract No. 00-001 in the amount of $155,000 and authorize the Mayor to execute same. Motion was seconded by Jackson and carried by unanimous vote of the Council. -12- MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR APPROVAL OF ENGINEERING SERVICES CONTRACT FOR JOSHUA ROAD STORM DRAIN, STAGE II. Mr. Altman reported that this was discussed in Study Session and recommended awarding the contract to ASL Consulting Engineers. Councilmember Jackson moved to, by Minute Motion, award Contract No. 1083 in the amount of $14,050, for engineering services for the Joshua Road Storm Drain, Stage II, to ASL Consulting Engineers. Motion was seconded by Puluqi and carried by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF SUPPLEMENTAL AGREEMENT FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Mr. Altman reported that this agreement was for an additional $7,006 in 10th year Community Development Block Grant Funds for the City. Councilman Wilson moved to, by Minute Motion, approve the Supplemental Agreement No. 00-002 for use of Community Development Block Grant Funds and authorize the Mayor to execute same. Motion was seconded by Jackson and carried by unanimous vote of the Council. E. REQUEST FOR AWARD OF CONTRACT FOR AIR-CONDITIONING PRECOOLERS. Mr. Altman reported that this was discussed in Study Session and is the result of an energy audit by Southern California Edison Company. Councilman Wilson moved to, by Minute Motion, award a contract in the amount of $13,897.75 for installation of air-conditioning precoolers to Bob Downs, Inc. Motion was seconded by Kelly and carried by unanimous vote of the Council. XIII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF NEW FRANCHISE AGREEMENT WITH COACHELLA VALLEY TELEVISION. Mr. Altman reported that this request involved the awarding of a non- exclusive 15-year franchise to CVTV. He noted that Staff recommendation was for this to be continued; since Councilman Wilson will not be present for the August meetings, it is now recommended that the matter be continued to the meeting of September 13, 1984, so that he can be present to discuss it. Upon motion by Wilson, second by Puluqi, this matter was continued to the meeting of September 13, 1984, by unanimous vote of the Council. XIV. OLD BUSINESS A. REPORT ON MONTEREY AVENUE BRIDGE. Mr. Altman reported that this matter was taken care of at budget time and no action is required by the Council. XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. MAIL MACHINE Mr. Altman reported that the matter of purchasing a new postage machine was discussed in Study Session. -13- MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * U pon the purchase of approved. XVII. B. C. motion by Puluqi, second by Wilson, and unanimous vote of the Council, a new mail machine, in the amount of approximately $9,600.00, was CITY ATTORNEY N one MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Wilson reported that the State Allocations Board has approved Phase II Funding for the high school. It is still scheduled to open in the fall of 1986. 2. Mayor Snyder asked that everyone note the future meetings listed on the Agenda. ADJOURNMENT Upon motion by Wilson, second by Puluqi, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 10:15 p.m. until immediately following the Redevelopment Agency meeting. The meeting was reconvened at 10:40 p.m. Councilmember Jackson stated she had a concern relative to the point of order in the case denying the CUP on the restaurant. It was her feeling that it could be challenged by the attorney for the applicant since the recess was called during a tie vote, and three members of the Council left the Council Chamber. She felt that this was out of order. Mr. Phillips responded that he and Mr. Diaz had left the Chamber to discuss the Mayor's last question to him. In addition, Mayor Snyder needed clarification as to what the options were with respect to a vote in favor of the motion and the effect of that vote, a vote in opposition to the motion and its effect, whether or not an amended motion was proper, whether or not the CUP issue could be placed on the ballot, and finally whether or not the entire hillside development issue could be placed on the ballot. There was a brief discussion as to what the options were, and then the meeting was called to order. It was his opinion that the discussions were merely for clarification, and no decision was made. It was his feeling that the action was proper. Mayor Snyder stated that he had asked the Mr. Philips if it was proper to call a recess at this time, and he had said it was. Mayor Snyder stated for the record that the purpose of the recess was for him to obtain the clarification he needed before he cast his vote. Councilman Puluqi stated that the recess was called because Mr. Phillips and Mr. Diaz had left the Council Chamber and had not answered Mayor Snyder's question; therefore, Mayor Snyder could not case his vote until the question was answered. PROPOSED BALLOT WORDING FOR HILLSIDE DEVELOPMENT. Mr. Phillips recommended the following wording: Shall the people of the City of Palm Desert, California, by initiative ordinance provide that development, whether residential or commercial, continue to be permitted in the hillside areas of Palm Desert, west of the Palm Valley Channel and south of Painters Path and Highway 111? Hillside area is defined to include areas above the base of the hillside. After Council discussion, this wording was rephrased to read: Shall the people of the City of Palm Desert, California, by initiative ordinance, provide that commercial development not be permitted in the hillside areas of Palm Desert, west of the Palm Valley Channel, southwest of Highway 111? Hillside area is defined to include areas above the base of the hillside. -14- MINUTES _ REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Jackson stated she did not feel that residential development should be included. Council concurred with the exception of Councilmen Puluqi and Wilson who felt the whole issue should be resolved once and for all by the voters. Councilmember Jackson moved to rescind the previous motion which placed the wording "should development, whether residential or commercial, be allowed west of the Palm Valley Flood Channel and south of Painters Path from the general line of demarcation" on the November ballot. Councilman Kelly seconded the motion. Motion carried by a 3-2 vote with Councilmen Puluqi and Wilson voting NO. After considerable discussion and rewording of the ballot measure, Councilman Puluqi moved 'to waive further reading and adopt Resolution No. 84-108 setting forth the following wording with instruction to the City Attorney to reword it for legality: "Shall the people of the City of Palm Desert, California, by initiative ordinance, allow commercial development under the present Palm Desert Hillside Zoning Ordinance in the hillside areas of Palm Desert? Hillside area is defined as the foothills of the Santa Rosa Mountains located west of the Palm Valley Channel and southwest of Highway 111." Councilman Kelly seconded the motion. Motion carried by a 5-0 vote of the Council. Upon motion by Puluqi, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 11:35 p.m. ATTEST: SHEILA R. IGAN, . CLERK CITY OF PALM DESER . CALIFORNIA -15- WALL„/ Cif H. SIVYDER MAYO NAME ADDRESS PL.-v.-J.4i-) cJr/.,, . 73aq, r� o.4.or,...� s,+ Pam,... pt�„z.7 4,1m ibl,/y42t, MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" PETITION MAYOR SNYDER, CITY OF PALM DESERT CITY COUNCIL, CITY OF PALM DESERT a rilen 4' RE: Proposed restaurant site, 300 feet into the mountains West of Painters Path. We the undersigned residents of Palm Desert object to this proposed site. The beauty of Palm Desert IS in its untouched mountain range and we feel this is a direct threat to this natural beauty that we have enjoyed for many years. Allowing such a project to be built will only be setting a precedent that will be hard to control in the future and will consequently be the start of massive building on the mountain range. 73—arll 9,2- 59'C VayL s4 . 9, -5 C 3ILL S. ' '7 r ( �. .... Of f / 7i -9 70 • 46 11 A 7L<Y%•slm Qa�w. Oestv-�— 4r9r._r' 1,1 At,,1,7 ics ¢,c 7-- // —16— MINUTES - REGULAR CITY COUNCIL MEETING JULY 26, 19*4 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" 57D/I if mil(1-- Perez T �3 y55 , /y // 41_2)- 4�� � -, I I ,� I n 1� 1./ -(c),96 Collowou C+ . 1��.1r..Dr se 7;1 laitc:ri( 7/X0r ,, ��n.,�.� ��� ,Z7 o. Atkie- 33 45 6(4, C /11 )wet � �G LtAws-- z_talcuipt; "--4441\cet, co-14 0 W4'4i 1/ (-/N 2,/: "of --74e 4<c/6 7 LC21--71.17 i• -7/ JPd .6t V)'4G CG[ 97i 16 - ;--() /c,-)?c-K WY`' c\-/Th r -17- MINUTES REGULAR CITY COUNCIL MEETING MY 26, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NAME ACe.- EXHIBIT "A" ADDRESS "I3-9 32-- ;MkS/0ti 7/->3A /2.;:4-,e.s� ;lift C ets( . /i)/(--)14 4-2, I t mil_ f-Gr' 7 , cr- -l8- 17) }wit L. w. n,OSrt077" -71.4a Z r MINUTES REGULAR CITY COUNCIL MEETING JULY 26, 19E4 * * * * * * • * * * * * * * * * * * • * * * * * * * • * * * • * • 4i/ lc rA _ 4. EXHIBIT "A" ADDRESS TPA', ELO` f 2.M. 9-7 .7 aft;xL (4)LC _ /9-('bcinirbA 3 R. (3 3 Q,.-e � s.L �1'�--* _ o_.169/ �L u Le G r37�-- -12r()R J fJpu ' ,rr.�, 11 us -71- 1( / 1-4) (6c- > a 40. ta,/ 7'-/. RR ' 3 ee.4 )7"7.RP k2114.1) 1 f- zf __ .te4-&e re c� v7'�%n MINUTES DULY 26,19E4 REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" NAME ADDRESS C `cirl r c- f2» 06 - Vs- Q � � �-� � we t . , 11CC4.-/ (2 - 73- 93/ 2//'d?#()ArRh. ���er? -20-