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HomeMy WebLinkAbout1984-06-28MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 28, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Puluqi III. INVOCATION - Councilmember Phyllis Jackson IV. ROLL CALL Present: Excused Absence: Councilmember Phyllis Jackson Councilman Romeo S. Puluqi Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Mayor Pro-Tempore Richard S. Kelly 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 Ray Diaz, Director of Environmental Services Kirby J. Warner, Director of Finance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS N one VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 14, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 84-121. Rec: Approve as presented. C. REQUEST FOR APPROVAL of Change Order No. 1 of ASL Consulting Engineers Contract for Portola Avenue Culvert at the Whitewater Channel. Rec: By Minute Motion, ratify the approval of the City Manager. D. RESOLUTION OF THE BOARD OF DIRECTORS OF THE DESERT RESORT COMMUNITIES CONVENTION AND VISITOR BUREAU Opposing the Establishment of a State Prison in Any of the Contiguous Cities of the Coachella Valley or Their Environs. Rec: Receive and file. MINUTES REGULAR CITY COUNCIL MEETING `JNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. APPLICATION FOR ALCOHOLIC BEVERAGE Li _. _LNSE By Sizzler Restaurants International for Sizzler Restaurant, 72-920 Highway 111, Palm Desert, California. Rec: Receive and file. F. REQUEST FOR APPROVAL of Change Order No. 10 to Civic Center Contract in the Amount of $5,000 from Already Approved Funds. Rec: By Minute Motion, approve Change Order No. 10. G. REQUEST FOR APPROVAL of Grant of Easement for Telephone Facilities. Rec: By Minute Motion, authorize the Mayor to execute a Grant of Easement to provide additional telephone facilities within the City. H. REQUEST FOR ACCEPTANCE of Property Acquisitions for Fred Waring Drive Street Widening Project. Rec: Waive further reading and adopt Resolution No. 84-77, authorizing acceptance of deeds for properties on Fred Waring Drive. I. REQUEST FOR APPROVAL of Final Map for Tract 14032, McClain Development Company. Rec: Waive further reading and adopt Resolution No. 84-78, approving Tract 14032 and the bonds and agreements relating thereto. Upon motion by Pulugi, second by Jackson, the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VII. ORAL COMMUNICATIONS - A MR. ALBERT J. PELLIGRINO, 43-456 San Pascual, Palm Desert, addressed Council relative to a serious traffic situation in his neighborhood. He stated that many children lived in his area and his concern about the number of speeding vehicles. Mayor Snyder thanked him for his input and advised that a member of the Sheriff's Department would contact him relative to solutions to the problem. VIII. PUBLIC HEARINGS A. CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 5 (COOK STREET/COUNTRY CLUB DRIVE MEDIAN ASSESSMENT DISTRICT). (Continued from the Meeting of June 14, 1984.) Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Altman reported this item had been continued to allow time for the County to submit corrected parcel numbers. He recommended adoption. 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. Upon motion by Wilson, second by Jackson, Resolution No. 84-70 was adopted by unanimous vote of the Councilmembers present. B. CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2 (CANYON COVE - TRACT 11636). (Continued from the Meeting of June 14, 1984.) -2- MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder noted that this was a continued public hearing and invited public input. None was offered. Upon motion by Jackson, second by Puluqi, the item was continued to the meeting of July 26, 1984, by unanimous vote of the Councilmembers present. C. CONSIDERATION OF ADOPTION OF FISCAL YEAR 1984-85 OPERATING BUDGET FOR THE CITY OF PALM DESERT. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Altman reported that the City Council would meet in an Adjourned Meeting at 7 p.m. on Tuesday, July 5, 1984, to consider adoption of the budget. Mayor Snyder invited public input, and none was offered. Upon motion by Wilson, second by Puluqi, the item was continued to the Adjourned Meeting of July 5, 1984, by unanimous vote of the Councilmembers present. D. 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. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Diaz reported that this development was similar to the one approved for One Quail Place covering affordable housing units. The applicant would be eligible to build 36 dwelling units under existing zoning, and he had requested a 10% density bonus as provided for in Government Code Section 65915 which states that a city must grant density bonuses or provide additional funding sources. The 10% or 4 units, if approved, would be controlled by the proposed agreeent for 30 years. He noted that there had been no opposition at the Planning Commission meeting, and all major concerns had been addressed. Upon question by Puluqi, Mr. Diaz responded that the adjacent zoning was R-3 and single family to the south and R-3 to the west. Mayor Snyder invited input in FAVOR of the proposal, and the following was offered: MR. KEN NELSON, 48-800 San Ysidro, LaQuinta, addressed Council and concurred with staff's report. Mayor Snyder invited input in OPPOSITION to the proposal, and none was offered. Councilman Wilson expressed concern over the recent approval of so many density bonus projects, especially apartment units. He noted that 378 units had been approved at One Quail Place with an additional 512 units on Country Club Drive. Rancho Mirage has approved another 500 units on property immediately adjacent to our city limit line and One Quail Place. He noted that the Agenda included requests for an additional 172 units and his concern for the development impact on our city. He said he was concerned the City had gone too far with the State mandate. Mayor Snyder concurred and stated his disagreement with staff's interpretation of the Government Code. Councilman Puluqi agreed and said he did not believe the Code said that the Council had to approve every application submitted. -3- MINUTES DUNE 28, 1984 REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin advised that he could research the Government Code to determine if the Council had alternatives. Councilman Puluqi moved to continue the item to the meeting of July 26, 1984, and direct the City Attorney to explore alternatives available to the Council. Councilman Wilson seconded the motion. Motion carried on a 3-1-1 vote with Kelly ABSENT and Jackson voting NO as she agreed with staff's interpretation of the law. E. CONSIDERATION OF A REQUEST BY WATT INDUSTRIES/PALM SPRINGS, INC. FOR A CHANGE OF ZONE FROM PR-3 (PLANNED RESIDENTIAL, MAXIMUM 3 DWELLING UNITS PER ACRE) TO PR-5 (PLANNED RESIDENTIAL, MAXIMUM 5 DWELLING UNITS PER ACRE) IN ORDER TO PERMIT A 175 UNIT RESIDENTIAL PROJECT ON 38.6 ACRES ON THE NORTH SIDE OF MESA VIEW DRIVE, EAST OF ALAMO DRIVE. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Diaz reviewed the report and the comments received at the Planning Commission meeting. He said that the Commission had mitigated concerns by adding conditions dealing with emergency access, light shields for the tennis courts, and a requirement for curb and gutter installation on Alamo plus street widening if a need is demonstrated. He pointed out that the property is currently zoned PR- 3 which permits a maximum of 117 dwelling units. Since 175 units are proposed, a change of zone to PR-5 is requested. The General Plan designates the site as low density residential at 3-5 units per acre which is consistent with the request. In conclusion, he noted a letter of opposition received from Eugene Craig and also reported that when legal notices of the public hearing were mailed, 6 people had been left out. Four of these six people had since been contacted. He recommended approval of the zone change in accordance with the Planning Commission approval. Mayor Snyder invited input from the applicant. MRS. ELIZABETH WILLIAMS, President of Watt Industries, addressed Council stating this was an ideal site for patio homes and noting that her project would increase the density to 4.53 units to the acre. She stated that she had met with the concerned citizens of Silver Spur who had opposed the project to the Planning Commission and felt that many concerns were resolved. With regard to the 6 people not notified in the legal notice of public hearing, she reported that her project manager had contacted each individually. The major concern or opposition she received was in regard to drainage, and she noted that her project would actually protect the neighboring homes when they installed the drainage channel. With regard to a perimeter wall, she indicated she would be willing to advance funds for a 10' strip provided a reimbursement agreement could be entered into with the adjacent property owner for repayment when that land was developed. MR. RON GREGORY, 74-301 Old Prospector, addressed Council as the landscape architect for the project, and he reviewed in detail the plans for the open space and/or park areas of the project. Mayor Snyder invited input in FAVOR of the project, and the following spoke: MR. CHARLES MILLER, Little Bend Trail, stated that he had lived here since 1967 and if the developer did what she proposed, it would be a big improvement to the area. Mayor Snyder invited input in OPPOSITION to the project, and the following spoke with concern about the drainage, decrease in property values because of increased density in a single family neighborhood, traffic, tennis court lighting blight, holding this hearing in the summer when residents were away, and stating the developer knew the zoning when the land was purchased: DR. HAROLD BIRD, 47-967 Sun Corral, Palm Desert. -4- MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. KAY CRAIG, 72-992 Bel Air Road, Palm Desert. MR. STAN LITTLE, 72-668 Bel Air Road, Palm Desert. MR. HARRY NUDD, Little Bend Trail, Palm Desert. MR. DONALD BOLAS, 73-182 Skyward Way, Palm Desert. MRS. BONITA BOLAS, 73-182 Skyward Way, Palm Desert. MS. ROSA GUERRA, 72-990 Homestead, Palm Desert. MS. JEANNE MICHAELS, 72-848 Skyward Way, Palm Desert. MR. BILL GORDON, 73-330 Broken Arrow, Palm Desert. Mayor Snyder invited rebuttal: MRS. WILLIAMS responded that she did not feel we were a 9 month community any longer. She said that home buyers were at the mercy of banks and high interest rates and with increased density, she could produce homes with lower prices. She stated that the property was expensive, that the traffic problems had been alleviated, and drainage improved. Mayor Snyder declared the public hearing closed. Councilman Wilson reviewed the history of the property noting that it had originally been zoned for residential estates, one unit per 20,000 square feet or 2 units to the acre. Chucohalla came forward and asked for planned residential, and the Council and Planning Commission, after such deliberation, compromised at 3 units to the acre which reduced it from 134 units to 117. He stated he felt that when a developer bought property, knowing full well what it was zoned and what the density was, they should live within that approved density. To keep granting higher density only destroys the integrity of the Zoning Ordinance. Councilman Puluqi stated his concurrence. Councilman Wilson moved to instruct staff to prepare a resolution denying the change of zone and tentative tract map. Councilman Puluqi seconded the motion. Motion carried on a 3-1-1 vote with Councilmember Jackson voting NO and Councilman Kelly ABSENT. MAYOR SNYDER CALLED A 10 MINUTE RECESS AT 9:15 P.M. AND RECONVENED THE MEETING AT 9:30 P.M. F. 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. Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Diaz recommended, based on the action taken during the first public hearing, that this item be continued to the meeting of July 26, 1984, to permit staff and the City Attorney time to come back with a report on the law dealing with density bonuses. 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. Upon motion by Puluqi, second by Wilson, the item was continued to the meeting of July 26, 1984, by unanimous vote of the Councilmembers present. G. REQUEST FOR APPROVAL 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 declared the Public Hearing open and asked for Staff's report. Mr. Diaz reported that the matter was being considered as it had been -5- MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * called up by a Councilman for review. It dealt with a Conditional Use Permit because restaurants within the City of Palm Desert require one. The site in question contains approximately 13 acres and is located on Highway 111 adjacent to the City of Rancho Mirage. The parcel is on C-1 zoning. The applicant proposes to develop a 12,000 sq. ft. restaurant generally on top of the parcel utilizing for the most part the presently graded road off Highway 111. The surrounding zoning of the area is C-1. He stated that scarring of the hillside has already taken place, plus some grading has taken place on the back side of the hill which has also created scarring. He noted that the excess dirt would not be tossed over the side as has been done in the adjacent areas; it will have to be removed it can't be balanced. The restaurant or the building portion would be towards the front with parking towards the rear. He felt the site was, in terms of the best place to locate the restaurant, the best. Mr. Diaz reviewed the concerns raised at the Planning Commission meeting which involved the issue of lights for the parking area, who would pay for the access road, and the zoning. He advised that the developer would be required to pay for the road, and the issue of lighting had been mitigated. He recommended the Council affirm the Planning Commission action. Councilman Wilson noted that the staff report indicated that the mountain is 460' tall and that the building will be 24' high while the plans received indicated that the mountain was 260' tall with the building to be 30' high. He asked which was correct. Mr. Diaz responded that the top in the back of the parking lot was 460' and the restaurant is to be 424'. Councilmember Jackson asked what type of protection there would be on the roadway and what type of lighting. Mr. Diaz responded that there would be a wall along the roadway with lighting. Jackson stated she thought there were going to be problems with people coming down from a restaurant here, and this was a grave concern to her. Mayor Snyder invited input from the applicant. MR. DONALD McMILLAN first addressed the issue of elevation. He stated that the highway elevation is 211' and the tope of the building itself will be set down below the highest elevation of property and parking. The building will not be set up on tope of the hill. With regard to the guard rail, he advised they would be the first to be concerned about the safety of their clientele. He noted the conditions of approval mandated a 30" protection wall, and it would certainly be a reinforced fence which would also be used as a light screen for deflection of headlights into the distance. Mr. McMillan stated that the property was zoned C-1 which has a permitted use for a restaurant. He stated that on October 17, 1983, he received a letter from the Director of Environmental Services to verify the zoning as being C-1. On that premise and with confidence that he could meet normal conditions that might be imposed, he proceeded to invest monies into the 6 figures to design this project. He noted he had fully complied with the procedures for a CUP and was ready to proceed with the project. He offered to answer questions, if any. Mayor Snyder invited input in FAVOR of the project. The City Clerk noted the following letters of support: Dale & Patricia Walling, Palm Desert Greens. Sandy do Linda George Baum, Palm Desert. Andy Petlansky, Chicago Title, Palm Desert. John Lyman, Chicago Title, Palm Desert. Jean G. Hill, Chicago Title, Palm Desert. Rayna Harbort, Chicago Title, Palm Desert. Mr. George Berkey, Palm Desert. Mollers Garden Center, Palm Desert. -6- MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With regard to Moller& letter, Mr. McMillan noted that Mr. Moller had spoken in favor of the project at the Planning Commission meeting as the immediate neighbor and advised that he had not seen any Big Horn Sheep in that area. Upon question by Mr. McMillan, the City Attorney responded that this was a hearing for the purpose of the Council reviewing in the first instance the negative declaraton that was recommended by the Planning Commission and secondly, to determine whether the granting of the Conditional Use Permit for the use of the property is appropriate. Assuming they find affirmatively with regard to the CUP, the Council may review the conditions of approval. He noted that the fact that the use was appropriate under this zoning was only upon obtaining a Conditional Use Permit. A restaurant is not, therefore, a specifically permitted use. Mayor Snyder invited input in FAVOR of the project, and no further testimony was given. He invited input in OPPOSITION to the project, and the following was offered: MS. JEAN BENSON. 74-611 Shadow Hills Road, Palm Desert, opposed hillside development and stated she did not feel it conformed to the majority of the wishes of the prople to protect the desert environment. She felt it would behoove the Council to get more citizen input such as from a ballot measure before allowing the first hillside development. MS. KAY CRAIG, Bel Air Road, Palm Desert, opposed hillside development and expressed concern about that area being in a flood zone. DR. HAROLD L. BIRD, 47-967 Sun Corral Trail, Palm Desert, expressed concern about the road, its 15% grade, and the possibility of bringing people who have been drinking down a road with that steep a grade was dangerous. MR. FRANKLIN ATTOUN, 72-899 Skyward Way, Palm Desert, stated he opposed the project on the basis of commercialization of the City's hillsides. He too felt it should be put to a vote of the people. MS. MILLLIE BIRD, 47-967 Sun Corral Trail, Palm Desert, stated she felt the restaurant could not be successful enough to stay open with all the other restaurants being built. MS. LAURIE WILCOX, 43-151 Buttonwood, Palm Desert, objected to any hillside development. Mayor Snyder noted letters of opposition on file from the Planning Commission meeting as well as a petition. He read a letter received from Mrs. Marian Henderson, Desert Beautiful, which stated "that at no time have I, Marian Henderson, or the Board of Directors of the Desert Beautiful, Inc. made a statement signifying that we have approved this project. It is not the policy of the Desert Beautiful to approve or disapprove projects being placed before the Council for consideration." Mayor Snyder noted letters from Rancho Mirage City Manager Steve Birbeck and from Margaret do Eugene McKay in opposition to the project. In rebuttal, Mr. McMillan stated that his property was completely surrounded with commercially zoned property -- no open space or residential. He stated that the project approval would not be precedent setting inasmuch as the property was already zoned back in 1983. He stated that there had been no opposition at the Chamber of Commerce meeting of the Board of Directors nor at the Palm Desert Board of Realtors where over 100 people enthusiastically endorsed the project. With regard to Mrs. Henderson and Desert Beautiful, Mr. McMillan stated he never had said that the organization supported the project, but rather had met with Mrs. Henderson wherein she told him that she could not speak for the Board, but in her opinion the project would be an improvement aesthetically as compared to the scarred condition of the mountain. With regard to flooding, he could not imagine how his property could be flooded 224 feet above the canal. With regard to safety of the road, he responded that the Planning Commission had imposed a condition -7- MINUTES REGULAR CITY COUNCIL MEETING 1UNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * whereby he would install retaining walls along the driveway. He concluded by stating that his compoany would be putting something back into the community in that at least once a year they would hold a charity dinner for a local charity. Councilman Wilson stated that he had called the issue up, basically because he felt it was a precedent setting decision in that it will be the first commercial development of any mountain or hill top in the Cove Communities, and he felt that the decision should be made by the City Council which was responsible to the voters where the Planning Commission is not. Since first calling it up, he said that he had studied it and had a number of questions. The question raised by former Councilmember Benson dealing with changing of the zone from open space to commercial raised one with him. He knew that the rezoning had occured a year ago when Council looked at the entire west hills plan. He had served on the committee with two Councilmen and two Planning Commissioners. The entire time they focused on that plan, the focus was, to his recollection, to give density bonuses to encourage development of residential units on the lower levels of the hillsides and to discourage development on the upper levels. Public hearings had been held on the issue. At no time did he remember in either the committee meetings or the public hearings the change of open space to commercial being an issue discussed. He felt it had been included in the hillside plan, but it was never an issue of discussion. Mr. Diaz responded that it was he recollection that it was discussed along with the service industrial zoned property to the south. He noted that the side of the hill had previously been zoned commercial which was inconsistent, and thus the commercial was moved to the top. He added that even though the property was zoned open space, the hearing would have to be held because within the open space zoning ordinance as adopted in 1975, the conditional permitted uses were accessory uses, agriculture, government facilities, public parks. Under conditional uses in the open space zone are listed cemetaries, communication facilities, educational research insiitutions, private recreational facilities, and recreation oriented restaurants. Councilman Wilson took issue with Mr. Diaz's definition of recreation oriented restaurants in that he felt this meant restaurants in public parks and open places such as concessions, etc. He said that he was on the Planning Commission when it was written, and that was what was meant. Mr. Diaz responded that there had been no definition included. He stated the reason the property was rezoned as part of the hillside plan was because part of it was C-1, and staff felt that the bottom half should not be developed commercial in terms of consistency with the service industrial property to the south. Councilman Wilson stated that it was his conclusion that it was zoned by mistake from open space to commercial and that it was never given the public hearing and focus and attention it needed to allow this zoning. Councilman Wilson concurred and stated that as he read through the negative declaration of environmental impact, he questioned some of the statements answered "no". He said he had hiked the site, walked the roads, looked at the soil conditions and had a strong disagreement with what is said in the negative declaration as follows: 1. Under earth -- unstable earth conditions are in changes in geological substructures which was answered "no". Destruction covering a modification of any unique geologic or physical features which was answered "no". He presented photographs for Council review and stated that first of all, Council was led to believe by reading all the transcripts from the Planning Commission hearing and staff report that this is a solid granite mountain that we don't have to worry about soil erosion, etc. He said he walked the road which is nothing but an eroded compilation of decomposed granite as shown in the photos. He felt it was the kind of soil that needed further study than just a check of "no" under earth conditions on the EIR. 2. With regard to the question asking will the proposal led to decreasing the amount of desert na4$ed open space. It won't under the current MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * zoning, but if indeed an error has been made in the changing of the designation from open space to commercial, then indeed it would be an impact on that particular factor. 3. Under question #16 -- transportation circulation -- he noted that this area was of extreme concern to him. He said he had studied the site and walked the area, and there was a tremendous danger to the health, safety, and welfare of the citizenry by the ingress and egress to this particular site. He could not believe that staff was recommending that the entrance to the site be at the edge of a bridge where the grade starts to decline. He again referred to photos. He understood that the bridge won't be widened and there won't be a turn-off lane, but the speed of cars along there should also be considered inasmuch as the Town Center widening of Highway 111 had not slowed cars down. He stated that the area in question was getting very congested with traffic and pointed out the hazardous traffic condition in the Rancho Mirage restaurant row. Cal Trans approved those entrances, and there have been deaths and numerous injuries, and he felt Palm Desert should not take that kind of risk with its citizens. He showed photos depicting the traffic hazards. 4. With regard to the grade of the road, he showed a photograph of the grade and said that even though he had heard testimony that the developer was not going to scar the mountain but rather help the mountain and use the natural road already there, it was impossible. He said he had paced off this particular road and at its widest point, it was 12' which will have to be widened to 36'. To do this will mean cutting away a large portion of the mountain. S. With regard to light and glare and will the proposal produce new light or glare, the answer has been marked "no". He noted proponents of the project statements that the restaurant is beautiful and should be placed on this "little knoll" behind the Rusty Pelican. He showed pictures from several locations on the Valley floor and said that the "little knoll" can be seen from Highway 74 and Grapevine and Highway 74 and Shadow Mountain. From the new Marriott Hotel, this mountain was clearly visible. He said in response to the statement that "this is just a mountain, so what?", that this particular mountain is one that is silhouetted by the beautiful lavender sunsets in the evening. With the lights and light standards going up to the lighted restaurant and parking lot, he felt that new light and glare was a definite problem and the answer to the question should have been "yes". 6. To the question "does the project have the potential to degrade the quality of the environment or to curtail the diversity of the environment?", he felt the answer should instead be "yes" because the greatest thing the Valley has going for it is its mountains, being compared to the mountains of the islands of Hawaii. He said they were a majestic magnet that bring thousands of people here. He concluded by stating that he felt that a full-blown environmental impact report should be done inasmuch as he had found serious questions with the "no" responses to specific answers from staff in the negative declaration. Councilmember Jackson stated she felt Councilman Wilson had raised some very significant points of concern with the Negative Declaration --particularly the safety factor. Councilman Pulugi stated he felt the proposed restaurant brought tremendous benefit to the City, both financially and aesthetically. He did not feel it was precedent setting because it was the only mountain zoned for commercial use. He felt the mountain was scarred and the project was an improvement. He expressed concern, however, about the traffic safety and particulary the entrance from Highway 111. Mayor Snyder stated he felt the only place the mountain was scarred was on the back side facing Rancho Mirage. He felt the scarring would occur with the construction of the road. -9- MINUTES DUNE 28, 1984 REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson concurred with Puluqi about aesthetics being in the eyes of the beholder. He personally felt that the restaurant would look better at the base of the mountain. However, he said his main concern is that he felt the environmental process had been shorted and that the State CEQA Act calling for an EIR should be followed. He suggested sending the issue back to the Planning Commission to get its independent analysis of what the Commissioners think about the negative delcaration. Further, if the project was to go forward, he suggested the entrance be off Painter's Path. He referred to comments from one of the speakers and stated he felt the issue might be better decided by the voters of the City. In rebuttal, Mr. McMillan stated that with regard to the soil conditions, the engineering would certainly be done and in fact, he had talked to many engineers who know this soil in depth and have dealt with it before. He assured that soil tests would be conducted and approved by the City Engineer before it would be continued or built. He concluded by stating that safety had been taken care of through Cal Trans and that he had complied with the existing zoning. Mayor Snyder declared the Public Hearing closed. Councilman Puluqi moved to waive further reading and adopt Resolution No. 84-80 approving the project. Motion died for lack of a second. Councilmember Jackson stated she agreed that too many significant statements in the EIR were left unanswered -- both with regard to safety and to aesthetics. She felt it too important a decision to be made lightly. Councilmember Jackson moved to return the matter to the Planning Commission for further study. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. MAYOR SNYDER CALLED A 10 MINUTE RECESS AT 11:05 P.M. AND RECONVENED THE MEETING AT 11:15 P.M. H. CONSIDERATION OF APPROVAL OF A CHANGE OF ZONE FROM SERVICE INDUSTRIAL TO AFFORDABLE HIGH DENSITY PLANNED RESIDENTIAL, 18 DWELLING UNITS PER ACRE, A PRECISE PLAN OF DESIGN, TO ALLOW CONSTRUCTION OF A TWO-STORY, 104 UNIT, APARTMENT PROJECT, A DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO TO BE LOCATED DIRECTLY SOUTH OF THE INTERSECTION OF HOVLEY LANE AND BEACON HILL. PALM DESERT PARTNERS, APPLICANT. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Diaz recommended continuing this item to the meeting of July 26, 1984, so that the staff and City Attorney could research the law as to density bonuses. Mayor Snyder invited input from the applicant: MR. JOHN HOUGHTON spoke as the developer and stated that this particular project did not fall into the same category as the others continued. He said they were ready to begin construction upon approval. 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. Councilmember Jackson stated she agreed that this was not in the same category as the other density bonus. Councilman Puluqi and Mayor Snyder concurred. Upon motion by Jackson, second by Puluqi, Resolution No. 84-81 was adopted and Ordinance Nos. 381 and 382 were passed to second reading by a 3-1-1 vote with Kelly ABSENT and Wilson voting NO as he felt the project was no different from those continued. -10- MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR APPROVAL OF SUBSTITUTION OF ELECTRICAL SUBCONTRACTORS FOR SENIOR CENTER PROJECT. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Ortega reported that the contractor, Robert Jacobs Company, had requested the substitution. He reviewed the criteria for allowing the substitution, and he advised that Wagner Electric had objected to it in writing. 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. Upon question by Council, Mr. Ortega reported that the subcontractor, Wagner Electric, had been notified in writing of the hearing. Upon motion by Puluqi, second by Jackson, the substitution of Wagner Electric Company was approved by unanimous vote of the Councilmen present. IX. RESOLUTIONS A. RESOLUTION NO. 84-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 1984-85 FISCAL YEAR. B. RESOLUTION NO. 84-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CONTINUING INTERIM APPROPRIATIONS FOR PROGRAMS AND PERSONNEL IN THE 1983-84 BUDGET UNTIL FINAL ADOPTION OF THE 1984-85 BUDGET. C. RESOLUTION NO. 84-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1983-84 BUDGET TO PROVIDE APPROPRIATIONS FOR TRANSFERS TO CAPITAL PROJECTS RESERVE FUNDS. D. RESOLUTION NO. 84-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR ALL OR PART OF THE VALUE OF THE LAND FOR AND THE COST OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN DRAINAGE FACILITIES. Upon motion by Wilson, second by Puluqi, Resolution Nos. 84-82, 84-83, 84-84, and 84-85 were adopted by unanimous vote of the Councilmembers present. E. RESOLUTION NO. 84-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION, TO BE CONSOLIDATED WITH THE STATE-WIDE GENERAL ELECTION, TO BE HELD ON TUESDAY, NOVEMBER 6, 1984, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A QUESTION RELATING TO A STANDBY OR AVAILABILITY CHARGE FOR THE PURPOSE OF FUNDING POLICE PROTECTION AND SERVICES WITHIN THE CITY OF PALM DESERT. F. RESOLUTION NO. 84-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, ' CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 1984. -11- MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Wilson, second by Jackson, Resolution Nos. 84-86 and 84-87 were continued to the meeting of July 5, 1984, by unanimous vote of the Councilmembers present. G. RESOLUTION NO. 84-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING COMPENSATION FOR THE MEMBERS OF THE PALM DESERT REDEVELOPMENT AGENCY. Upon motion by Puluqi, second by Jackson, Resolution No. 84-88 was adopted by unanimous vote of the Councilmembers present. H. RESOLUTION NO. 84-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING REFUSE COLLECTION SERVICE RATES WITHIN THE CITY OF PALM DESERT AND RESCINDING RATES ESTABLISHED UNDER RESOLUTION 83- 64. Mr. Altman reported that this item had been discussed in Study Session with Council asking that it be held until the meeting of July 26th when Councilman Kelly would be in attendance. MR. GARY JACKMAN, Palm Desert Disposal Company, requested it be considered July 5th to accommodate his July 17th billing schedule. Upon motion by Puluqi, second by Wilson, Resolution No. 84-89 was continued to the meeting of July 5, 1984, by unanimous vote of the Councilmembers present. X. ORDINANCES For Introduction: A. 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 would allow the Sheriff's Department to enforce traffic violations in the Town Center Parking Lot. Upon motion by Wilson, second by Puluqi, Ordinance No. 383 was passed to second reading by unanimous vote of the Councilmembers present. For Adoption: None XI. CONSENT ITEMS HELD OVER XII. NEW BUSINESS A. RE9UEST FOR APPROVAL OF NEW FRANCHISE AGREEMENT WITH COACHELLA VALLEY TELEVISION. Upon motion by Puluqi, second by Wilson, the request was continued to the meeting of July 26, 1984, by unanimous vote of the Councilmembers present. B. REQUEST FOR APPROVAL OF AGREEMENT WITH THE CITY OF DESERT HOT SPRINGS FOR THE RETIRED SENIORS VOLUNTEER PROGRAM FOR 12TH YEAR PARTICIPATION. Councilman Puluqi moved to, by Minute Motion, approve the Agreement with the City of Desert Hot Springs for operation of the Retired Seniors Volunteer Program for Fiscal Year 1984-85. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. -12- MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR CONSIDERATION OF FINANCIAL SUPPORT FOR THE PALM DESERT YOUTH CENTER. Mr. Altman reported that the Council had reviewed this request in Study Session with representatives of the Youth Center. He recommended approval of the request. Councilman Puluqi commended the Youth Center for the ongoing good work. Councilman Puluqi moved to direct staff to include $15,000 in the 1984/85 budget for assistance to the Youth Center. Councilman Jackson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. D. REQUEST FOR AWARD OF CONTRACT FOR THE 1983-84 STREET SLURRY SEALING PROJECT (CONTRACT NO. 1079). Councilman Wilson moved to, by Minute Motion, award Contract No. 1079 for the 1983/84 street slurry sealing project to I.P.S. Services, Inc. Councilman Puluqi seconded the motion. Motion carried by unanimous vote of the Councilmembers present. E. REQUEST FOR AWARD OF CONTRACT FOR THE 1983-84 STREET OVERLAY AND RECONSTRUCTION PROJECT (CONTRACT NO. 1078). Councilman Wilson moved to, by Minute Motion, award Contract No. 1078 for the 1983/84 street overlay and reconstruction project to Massey Sand do Rock Co. Councilman Puluqi seconded the motion. Motion carried by unanimous vote of the Councilmembers present. F. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR RECONSTRUCTION OF DEEP CANYON DRAINAGE STRUCTURE (CONTRACT NO. 1077). Councilman Wilson moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the reconstruction of the Deep Canyon drainage structure. Councilman Puluqi seconded the motion. Motion carried by unanimous vote of the Councilmembers present. G. REQUEST FOR APPROVAL OF AMENDMENT TO JOINT POWERS AGREEMENT FOR THE COVE COMMUNITIES FIRE COMMISSION. Councilman Puluqi moved to, by Minute Motion, approve the Amendment and authorize the Mayor to execute same. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. H. REQUEST FOR APPROVAL OF JOINT USE AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR MONTEREY AVENUE NORTH OF HIGHWAY 111 AND FOR SAN PABLO AVENUE AND FRED WARING DRIVE. Councilman Puluqi moved to, by Minute Motion, approve the Agreements and authorize the Mayor to execute same. Mayor Snyder seconded the motion. Motion carried by unanimous vote of the Councilmembers present. I. REQUEST FOR APPROVAL OF SUBSTITUTION OF GLAZING SUBCONTRACTOR FOR SENIORS' CENTER. Councilman Puluqi moved to, by Minute Motion, authorize Robert Jacobs Company, Inc. to substitute Kennelley Glass of Desert Hot Springs for the listed subcontractor Desert Air Glass of Palm Desert. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. XIII. CONTINUED BUSINESS C. UPDATE ON LAW ENFORCEMENT PROTECTION IN THE CITY OF PALM DESERT. Councilman Puluqi moved to connue this item to the meeting of July 5, 1984, MINUTES REGULAR CITY COUNCIL MEETING JUNE 28, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. XIV. XV. XVI. OLD BUSINESS N one ORAL COMMUNICATIONS - B N one REPORTS AND REMARKS A. CITY MANAGER 1. REPORT ON RANCHO MIRAGE ANNEXATION AT LAFCO Councilman Puluqi moved to direct the City Manager and Mayor to fight the annexation of territory within the Palm Desert sphere of influence being annexed into Rancho Mirage. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. 2. AGREEMENT WITH RIVERSIDE COUNTY FOR TOWN CENTER FIRE STATION. Mr. Ortega reported that this was exactly like the agreement for the Mesa View station except that County Counsel had deleted Paragraph 10(e) dealing with claim to depreciation. The deletion was to the City's benefit. Councilman Puluqi moved to approve the agreement and authorize the Mayor to execute same. Councilmember Jackson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. B. CITY ATTORNEY N one C. MAYOR AND MEMBERS OF THE CITY COUNCIL XVII. ADJOURNMENT Upon motion by Puluqi, second by Jackson, and unanimous vote of the Councilmembers present, Mayor Snyder adjourned the meeting at 11:55 p.m. to 7 p.m. on Tuesday, July 5, 1984. ATTEST: SHEILA R. GIL AN, CITTjCLERK CITY OF PA 1 DESERT, 4LIFORNIA -14- WALTER H. SNYDER, MAY