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HomeMy WebLinkAbout1984-11-08MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 7:05 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Romeo S. Puluqi III. INVOCATION - Mayor Pro-Tem Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tempore Richard S. Kelly Councilmember Phyllis Jackson 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 David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, Director of Environmental Services Barry D. McClellan, Director of Public Works Kirby J. Warner, Director of Finance Frank Allen, Director of Code Compliance V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE FROM COVE COMMUNITIES PUBLIC SAFETY COMMISSION. Mayor Snyder stated that the Cove Communities Public Safety Commission chairmanship changes once a year, and the City of Palm Desert had recently turned over the chairmanship to the City of Rancho Mirage. On behalf of the Commission, he presented a plaque to Bruce Altman, City Manager, and commended him for his work on the Technical Advisory Committee for the past year. B. REQUEST FOR APPOINTMENT OF Mrs. Rheo Lawman to the Palm Desert Historical Committee to Fill Vacancy Created by Resignation of Evelyn Young. With unanimous consent of the Councilmembers present, Mrs. Rheo Lawman was appointed to the Palm Desert Historical Committee to fill the vacancy created by the resignation of Evelyn Young. C. REQUEST FOR APPOINTMENT Of Alex Yarron, Bruce Romjue, John Kelly, and Bill Waring to the Advertising & Promotion Committee. Upon motion by Wilson, second by Kelly, and unanimous vote of the Councilmembers present, Alex Yarron, Bruce Romjue, John Kelly, and Bill Waring were appointed to the Advertising & Promotion Committee. MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR APPOINTMENT of Ella Manor, Frank Vassivo, Tim Palmer, John Hancock, Michael Criste, Franz Tirrie, Rheo Lawman, Verona Stewart, Rick Holden, Jim Sattley, Joyce McAllister, Del Gagnon, William Rave, and Jack Eintoss to the PALMA VILLAGE SPECIFIC PLAN CITIZENS ADVISORY COMMITTEE. Upon motion by Kelly, second by Wilson, and unanimous vote of the Councilmembers present, Ella Manor, Frank Vassivo, Tim Palmer, John Hancock, Michael Criste, Franz Tirrie, Rheo Lawman, Verona Stewart, Rick Holden, Jim Settley, Joyce McAllister, Del Gagnon, William Rave, and Jack Eintoss were appointed to the Palma Village Specific Plan Citizens Advisory Comm.ttre. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 11, 1984. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 85-034, 85-041, 85-042, and 84-044. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Martin Axis, Inc. for Sunshine Bar & Grill, 73-833 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Gregory and Petra Frech for Bon Appetit, 73-640 El Paseo, Suite 1 & 4, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE By Lucky Stores, Inc. for Lucky Store, 73-411 Highway 111, Palm Desert. Rec: Receive and file. F. CLAIM AGAINST THE CITY By Cleve Leonard in the Amount of $2,040.00. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant and the City's insurance carrier. G. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT for Month of September, 1984. Rec: Receive and file. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Construction of the Code Compliance Counter. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the construction of the Code Compliance Counter. I. REQUEST FOR VACATION of Street Right -of -Way within Kings Point Development (Tract 4380-1). Rec: Waive further reading and adopt Resolution No. 84-139, ordering a public hearing to consider said vacation. J. REQUEST FOR RELEASE of Underground Improvement Bond. Rec: By Minute Motion, authorize the City Clerk to release the bond for undergrounding of utility lines and accept a future improvement agreement in lieu of bond. -2- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. RESOLUTION NO. 84-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE CITY'S SB-325 CLAIM (LOCAL TRANSPORTATION FUND) FOR THE 1984-85 FISCAL YEAR. Rec: Waive further reading and adopt. L. RESOLUTION NO. 84-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT NO. 4 TO LOCAL AGENCY/STATE AGREEMENT NO. 8-5414. Rec: Waive further reading and adopt. M. REQUEST FOR APPROPRIATION of $300 by Civic Arts Committee for Printing of Christmas Music Festival Programs. Rec: By Minute Motion, approve the request and authorize the expenditure of not to exceed $300 from Account No. 4950- 397 for the printing of 5,000 programs for the Christmas Music Festival. N. ANNUAL AUDIT REPORT AND FINANCIAL STATEMENTS. Rec: Receive and file. O. REQUEST FOR APPROVAL of Implementation Program for City Vehicle Pool. Rec: By Minute Motion, approve the program as presented. P. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. 1050, SAN PASCUAL CHANNEL, PHASE 2. Rec: By Minute Motion, approve Change Order No. 2 to Contract No. 1050 in the amount of $8,314.32. Upon motion by Kelly, second by Wilson, the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VII. ORAL COMMUNICATIONS - A MR. DEAN COLE, 72-710 Eagle, Palm Desert, addressed the Council and stated that he was disappointed at the outcome of Tuesday's election relative to the measures on the ballot. It was his feeling that the Council was hypocritical in writing a measure where "yes" means "no" and "no" means "yes". VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN ORDINANCE ADOPTING THE 1982 UNIFORM FIRE CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS PURSUANT TO THri CALIFORNIA HEALTH do 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, June 14, July 26, and August 23, 1984.) Mayor Snyder noted that this was a continued public hearing and asked for Staff's report. Mr. Altman reported that there was still a problem with the sprinkler valve and that Steve Birbeck of Rancho Mirage had advised that there would be a meeting on Wednesday, November 14, 1984, to try and resolve this problem. He requested a continuance to the meeting of January 10, 1985. Upon motion by Wilson, second by Kelly, this matter was continued to the meeting of January 10, 1985, by unanimous vote of the Councilmembers present. -3- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF PERMIT TO OPERATE A MASSAGE ESI'ABLISHMEN1 IN '1HE C11 Y OF PALM DESERT. (IN HON SO, APPLICANT.) Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Allen reported that Oriental Spa in Palm Desert had submitted an application for a business license to operate a massage establishment and also for one person to give massage. The applications had been processed through the Sher if is Department and the City Attorney. It was recommended that the permits be denied because the owner; operator had failed to disclose criminal activity. Section 5.86.210 of the Municipal Code states that failure to disclose pertinent facts will result in denial of the permi L. 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. Upon motion by Kelly, second by Wilson, and unanimous vote of the Councilmembers present, the request by Oriental Spa for a permit to operate a massage establishment in the City of Palm Desert was denied. C. APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL RELATING TO A PARCEL MAP TO ALLOW CONSOLIDATION OF A RECORDED TRACT (4489) INTO TWO LOTS ON A 28-ACRE SITE IN A RESORT COMMERCIAL ZONE LOCATED SOUTH OF FRED WARING DRIVE BETWEEN HIGHWAY 111, PAINTERS PATH, AND THE PALM VALLEY CHANNEL. (CARMA DEVELOPERS, APPLICANT.) Mayor Snyder declared the public hearing and asked for Staff's report. Mr. Altman reported that at Study Session Mr. Diaz stated that the developer had requested a continuance of this appeal so that a traffic study could be completed. He requested that the hearing be continued to the meeting of January 10, 1985. Upon motion by Puluqi, second by Kelly, this matter was continued to the meeting of January 10, 1985, by unanimous vote of the Councilmembers present. D. APPEAL OF PLANNING COMMISSION DECISION TO DENY A PRECISE PLAN OF DESIGN AND A DEVELOPMENT AGREEMENT UTILIZING DENSITY BONUSES PERTAINING TO A REQUEST TO ADD THREE UNITS TO AN EXISTING APARTMENT COMPLEX LOCATED ON THE NORTH SIDE OF CANDLEWOOD, 150 FEET EAST OF PORTOLA AVENUE. (FRANK GOODMAN, APPLICANT.) Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Diaz reported that this appeal was based on a request by the applicant for a 10% density bonus in accordance with State requirements. It was Staff's recommendation that this be denied since it was felt that because this was already a developed project and the developer had already secured other financial incentives, no density bonus was required. He noted for the record that one letter opposing the granting of the density bonus was received from Mr. Ted White, a property owner in that area. Mayor Snyder invited input in FAVOR of this request. MR. RICHARD OLIPHANT, 77-900 Avenue of the States, stated that this project was built at a time when the density bonus program did not exist. In order to meet the density requirements of the City at the time the project was built and to achieve the 26 units that are there now, it was necessary for the developer to purchase the adjoining lot, which has remained vacant since that time. He stated that it was not possible to build the tri-plex, for which the land is zoned, until the density bonus is granted. -4- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly asked whether the three units would be senior citizen housing, and Mr. Oliphant responded that it would not necessarily be so. Councilman Kelly asked whether the developer would be willing to make it senior citizen housing. Mr. Oliphant responded that if they could get the land qualified under FHA Section 8, they would be willing to make it affordable by senior citizens. Councilman Kelly stated his feeling that this request should be denied unless the developer made it senior citizen housing. Councilman Puluqi stated that he would be willing to give the density bonus as part of the original project. Mayor Snyder stated his feeling that if the Council was going to put a condition on the approval, it should first get approval of the Planning Commission since it had denied the request. He asked Mr. Diaz for his feelings on this. Mr. Diaz recommended that it be returned to the Planning Commission with the Council's comments so that an agreement could be worked out that would be satisfactory to the Council. Mr. Oliphant stated his feeling that the Planning Commission had denied this request because it did not want to set a precedent. Councilman Wilson stated he felt that the Planning Commission was correct in not wanting to set a precedent in granting density bonuses. However, since this was such a different situation, he would be willing to go along with the recommendation that this be sent back to the Planning Commission. Mayor Snyder declared the public hearing closed. Upon motion by Kelly, second by Puluqi, this matter was referred to the Planning Commission by unanimous vote of the Councilmembers present. E. REQUEST FOR APPROVAL OF A 58-LOT TENTATIVE TRACT MAP, DEVELOPMENT AGREEMENT, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 97.5 ACRES WITHIN THE HPR D ZONE WEST OF THE PALM VALLEY STORM CHANNEL, NORTH OF THE PALM DESERT COMMUNITY CENTER. (GEORGE FOX, APPLICANT.) Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Diaz reviewed the staff report in detail, noting that the applicant was requesting an amendment to a tentative tract map approved in September of 1983. Due to various reasons, Mr. Fox was unable to provide the required hillside development plan, a condition of approval of the tentative tract map. Instead, he was proposing a new map for a 58 lot subdivision divided into two phases. Phase 1 would divide the lower flats into 29 lots. Phase 2 covers the hillside and also contains 29 lots. Mr. Fox was requesting approval to proceed to a final map on the first phase and then, at a later date, submit the required supporting information to final the second phase. It was Staff's recommendation that the map be revised to show 29 lots in Phase 1 and a single lot 30 in Phase 2. Mayor Snyder invited input in FAVOR of this request. MR. BUFORD CRITES, Chairman of the Planning Commission, stated that the proposed Ordinance would require that the applicant meet each and every one of the conditions set forth in the City's Hillside Specific Plan, and asked that the Council approve this request. MR. BOB DOWNS, 43-155 Portola, also a member of the Planning Commission, stated his concurrence with Mr. Crites. -5- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. GEORGE FOX, the applicant, stated that he was willing to abide by the conditions set forth in the ordinance. He felt that this was a reasonable hillside development. MR. ALLAN PERRIER, 3001 Tahquitz-McCallum Way, Palm Springs, Attorney for the applicant, stated that the significant change in this map is the request that the project be done in two phases instead of one. It was his feeling that it was not covered in the hillside ordinance. He stated that Mr. Fox was prepared to move forward with the development of the 29 lots and acknowledged that he would have to comply with the Hillside Specific Plan as it relates to the second phase. Mayor Snyder invited input in OPPOSITION to this rcqueat. MR. DONALD McMILLAN, 44 La Ronda, Rancho Mirage, asked whether Phase 2 was included in the geographic area defined as hillside in Measure E on the November 6, 1984, ballot. If so, he felt that the Council could not approve this request. Mr. Erwin responded that Measure E clearly stated that it dealt only with commercial hillside development, not residential. Mr. Perrier stated that most of the building sites are located within the canyon, and there is very little that will be built on the actual hillsides. Councilman Kelly asked for a breakdown of the number of units under Options 1, 2 and 3. Mr. Diaz stated they were as follows: Option 1 36% slope - one density unit per 5 acres, for a total of 16 units Option 2 Less than 10% slope - three density units per acre, for a total of 36 units Option 3 Between 10% and 20% slope - one density unit per acre, for a total of 5 units Mayor Snyder declared the public hearing closed. Councilmember Puluqi moved to adopt Resolution No. 84-144 and pass Ordinance No. 398 to second reading. Motion died for lack of a second. Councilman Wilson stated his concern with the Option 4 philosophy which says that you look at the entire parcel and make your calculations based on the whole. He felt that it was contrary to Option 4 to look only at half of the section. Mayor Pro-Tem Kelly stated his feeling that this project did not meet the intent of Option 4 because he could see that there were lots planned for the higher slopes. Upon motion by Kelly, second by Wilson, this matter was referred to the Planning Commission with the request that it address the matter of whether or not the developer should be allowed Option 4 if they are not going to present the Council with the entire package. The Planning Commission was also directed to explain how it interpreted it when the project was approved. Motion carried by unanimous vote of the Councilmembers present. MAYOR SNYDER CALLED A RECESS AT 8:35 P.M. AND RECONVENED THE MEETING AT 9:00 P.M. F. REQUEST FOR APPROVAL OF NEW HOUSING ELEMENT TO THE PALM DESERT GENERAL PLAN. Mayor Snyder declared the public hearing open and asked for Staff's report. -6- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reported that this was discussed in Study Session. He stated that this had already received approval of the Planning Commission as well as the Residential Subcommittee of the 2000 Committee. 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 Puluqi moved to waive further reading and adopt Resolution No. 84-145, approving the Housing Element GPA 84-01 and a Negative Declaration of Environmental Impact. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. G. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT, AND ZONE CHANGE FROM MEDIUM DENSITY RESIDENTIAL R-2(7) S.P. TO OFFICE PROFESSIONAL AND A STREET VACATION TO ALLOW CONSTRUCTION OF A 24,138 SQ. FT. PROFESSIONAL BUILDING ON THE SOUTHEAST CORNER OF MONTEREY AVENUE AND FRED WARING DRIVE. (MONTEREY PARTNERSHIP/CHARLES MARTIN, APPLICANTS.) Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Diaz reported that approval of this request would allow construction of an office professional building on the corner of Monterey Avenue and Fred Waring Drive. He reviewed the Staff report in detail, noting that the Planning Commission had made the finding that the increasing traffic and noise impacts associated with this intersection, plus the planned cultural center, made the present residential zoning inappropriate. Mayor Snyder invited input in FAVOR of this request. MR. CHARLES MARTIN, 73-725 El Paseo, read letters from Michael Criste of Best, Best & Krieger and from Bill Waring in favor of this project. He stated that he had asked the Waring family if they could use the name Fred Waring on the building, and he had received approval. He indicated that there would be access to the building from east and west on Fred Waring, with right turn only coming out on Monterey because of the center dividers. They have met all of the requirements of the ordinance relative to parking, and this request was merely for a change of zone to Office Professional. He stated that he would be meeting with the Architectural Review Board on Tuesday, November 13th, to discuss a street tree program. He further stated that this corner would become one of the busiest in the City, especially once Monterey is extended to Interstate 10. Councilman Wilson asked whether the applicant would be acquiring the property from the City. Mr. Martin responded that only the sunscreens (6 ft. and 8 ft.) would be on City property. MR. DONALD BALCH, 73-481 Pinyon Street, stated that he was in favor of this project and felt that this would be the best possible use of this land. Mayor Snyder invited input in OPPOSITION to this request,and none was offered. Mr. Phil Drell, Assistant Planner, reported that a zero setback was required on Monterey because of the 17 ft. right-of-way that belonged to the City. The applicant would be landscaping and maintaining the public parkway. He also stated that the zoning requires a 15 ft. setback at the rear of the project. -7- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson asked whether the City would retain ownership of the property, and Mr. Ortega responded that this property would remain in the City's name. Councilman Wilson stated that he felt that since the City had gone out and purchased the property, it should not just be given away. Councilman Puluqi responded that he felt the land was of no use to the City and was just left over from what it had originally been purchased for. Mr. Drell stated that an encroachment permit would be needed for the overhang. Councilman Wilson asked whether letters were mailed to the property owners in this area advising them of the Public Hearing, and Mr. Diaz responded that they had. Mr. Buford Crites, Chairman of the Planning Commission, stated that only one negative comment had been received from a neighbor behind the building because she sunbathes and does not want anyone to see into her yard. He further stated that Office Professional would have the least impact on the neighbors. Mayor Snyder declared the public hearing closed. Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 84-146, approving a general plan amendment changing a land use designation at the southeast corner of Fred Waring Drive and Monterey Avenue from medium density residential to office professional and a negative declaration of environmental impact, 2) Waive further reading and pass Ordinance No. 399 to second reading approving Change of Zone 84-13, 3) Waive further reading and adopt Resolution No. 84-147, initiating street vacation proceedings and setting a public hearing date, and 4) By Minute Motion, approve a Negative Declaration of Environmental Impact. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. H. REQUEST FOR AMENDMENT OF THE ZONING ORDINANCE RELATING TO APPEALS OF PLANNING COMMISSION DECISIONS. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Altman reported that this would allow individual Councilmembers to appeal decisions by the Planning Commission. 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. Upon motion by Kelly, second by Puluqi, Ordinance No. 400 was passed to second reading by unanimous vote of the Councilmembers present. IX. RESOLUTIONS A. RESOLUTION NO. 84-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 84-29 PROVIDING FOR MITIGATION OF LOCAL SCHOOL IMPACTION. Mr. Altman requested continuance of this matter to the meeting of November 29, 1984. He stated that the City of Indio had adopted provisions at its last meeting, November 28th, and would take a look at the stipulations. The school district would also give us a Hold Harmless Agreement to protect the City of Palm Desert if it proceeded with the resolution previously adopted by the Council. Mayor Snyder asked Mr. Ken Meberg of Desert Sands School District about the plans for the new high school. He reported that it was actually a bit ahead of schedule, with the architect working on final -8- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * plans which should be ready in December. All procedures that have to be followed in Sacramento have been complied with. The State architect has to approve the plans, and this will take about two months to complete. It would then go to the State Allocations Board for funding. The high school is scheduled to open in Fall of 1986. He also commented about working with City Staff and said he appreciated having Mr. Altman and Mr. Diaz working with them. He introduced Mr. Richard Beck, Director of Facilities Planning for the District. Upon motion by Kelly, second by Puluqi, and unanimous vote of the Councilmembers present, Resolution No. 84-148 was continued to the meeting of November 29, 1984. X. ORDINANCES For Introduction: A. ORDINANCE NO. 401 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR THE DESIGNATION AND PRESERVATION OF HISTORIC SITES, CREATING AN HISTORIC SITE PRESERVATION BOARD, REQUIRING CERTAIN CONSTRUCTION AND ALTERATION TO BE APPROVED BY THE HISTORIC SITE PRESERVATION BOARD, AND PROVIDING PENALTIES FOR VIOLATION. Mr. Altman reported that this had been discussed in Study Session and noted that there would be no fiscal liability on behalf of the City. He recommended that the Council waive further reading and pass Ordinance No. 401 to second reading. Councilman Wilson asked John Kennedy of the Historical Society if he would prefer to have seven members instead of five members, and Mr. Kennedy responded that it could have been any number of members. Upon motion by Puluqi, second by Wilson, Ordinance No. 401 was passed to second reading by unanimous vote of the Councilmembers present. B. ORDINANCE NO. 402 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.86 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO MASSAGE ESTABLISHMENT, BATH HOUSE, ESCORT BUREAU, AND INTRODUCTORY SERVICE. Mr. Altman reported that this ordinance would amend Chapter 5.86 of the Municipal Code to provide for persons operating under direct supervision of a licensed medical doctor or chiropractor as well as those operating under the direct supervision of a private golf, tennis or athletic club. Upon motion by Wilson, second by Kelly, Ordinance No. 402 was passed to second reading by unanimous vote of the Councilmembers present. For Adoption: A. ORDINANCE NO. 395 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.26.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Wilson, second by Puluqi, Ordinance No. 395 was adopted by a 3-1-1 vote of the Council, with Kelly voting NO for reasons stated when the ordinance was introduced. -9- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 396 - 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 R-1, 12,000 TO PR-5 FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE. CASE NO. C/Z 84-12. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Puluqi, second by Kelly, Ordinance No. 396 was adopted by a 3-1-1 vote of the Council, with Wilson voting NO. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. REQUEST FOR APPROVAL. OF PROGRAM FOR TROLLEY SERVICE IN COMMERCIAL AREA. Mr. Altman reported that this was discussed at length in Study Session and that there were five points to the program: 1) That the Trolley will run from December 3, 1984, through April, 1985; 2) That the City will pay the rental cost; 3) That a fare of $.25 per ride will be charged; 4) That tokens will be sold to merchants at the rate of $.10 per ride; and 5) That the route will be expanded to the Granada Royale and terminated at the main entrance to the Palm Desert Town Center. Councilman Puluqi moved to, by Minute Motion, approve the program as submitted. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. B. REQUEST FOR APPROVAL OF SUBSTITUTION OF CONCRETE SUBCONTRACTOR ON SENIORS' CENTER PROJECT. Mr. Altman reported that Robert Jacobs Co., Inc., the general contractor on the Seniors' Center construction project, has requested that the City authorize a substitution of concrete subcontractor due to lack of a timely performance by R.B. Marchi, the listed subcontractor for the project. Councilman Puluqi moved to, by Minute Motion, authorize a substitution in subcontractors on the Seniors' Center Project from R.D. Marchi Construction Company to Casey Concrete Company. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF OFF -SITE SIGN, WINTER HAVEN, APPLICANT. Mr. Altman reported that per a memo from Ray Diaz, the zoning, ordinance does not permit the City the right to approve any type of off - site sign and, therefore, this matter cannot be considered by the City Council. Councilman Puluqi moved to deny the request with the finding that the ordinance does not permit the City the right to approve any type of off -site sign, thus preventing consideration by the City Council. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. D. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO 1983-84 STREET OVERLAY AND RECONSTRUCTION PROJECT (CONTRACT 1078). Councilman Puluqi moved to, by Minute Motion, approve Change Order No. 3 to Contract 1078 in the amount of $19,575. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. -10- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. CONTINUED BUSINESS None XIV. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONTRACT 1072, HIGHWAY 74 FRONTAGE ROAD STREET IMPROVEMENTS. Mr. Altman reported that this was discussed in detail in Study Session and noted that this was for public improvements and not landscaping. Councilman Puluqi moved to, by Minute Motion, award Contract 1072 to Matich Corporation. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. B. REQUEST FOR AWARD OF CONTRACT FOR CONTRACT NO. 1085, CONSTRUCTION OF SENIOR CENTER STREET IMPROVEMENTS. Councilman Puluqi moved to, by Minute Motion, award the contract for construction of street improvements for the Senior Center building to Massey Sand & Rock Company. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. C. REQUEST FOR SUPPORT OF CITY OF RANCHO MIRAGE ANNEXATION PLAN. Mr. Altman reported that the City of Rancho Mirage had backed off on the 165 acre sphere of influence and had asked the City of Palm Desert to support the annexation of that portion of Rancho Las Palmas Country Club that belongs to Palm Desert. Councilman Puluqi moved to waive further reading and adopt Resolution No. 84-149, supporting the proposed annexation plan. Motion was seconded by Kelly and carried by unanimous vote of the Councilmembers present. D. REQUEST FOR OFF-STREET IMPROVEMENTS BY FAMILY Y OF THE DESERT. Mr. Altman reported that this was discussed in Study Session and noted that the Parks and Recreation Committee had evaluated the request for off-street improvements by the Family Y of the Desert and had determined that: 1) All such appropriations of expenditures should be evaluated individually; 2) That the approval of expenditures by the City should be limited to public facilities; and 3) That the Council should appropriate $200,000 and utilize set funds to offset public improvement costs for the Family Y facility adjacent to San Pablo Park. Mayor Pro-Tem Kelly moved to, by Minute Motion, approve the determination of the Parks and Recreation Committee relative to off-street improvements by the Family Y of the Desert. Motion was seconded by Puluqi and carried by unanimous vote of the Councilmembers present. XV. XVI. ORAL COMMUNICATIONS - B N one REPORTS AND REMARKS A. CITY MANAGER N one B. CITY ATTORNEY Mr. Erwin requested Council's consideration of the introduction of an ordinance adding Chapter 10 to the Palm Desert Municipal Code relating to Interstate Trucking. He noted that City would not incur any expense in regard to enaction of this ordinance. -11- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Puluqi, second by Kelly, Ordinance No. 403, relating to Interstate Trucking, was passed to second reading by unanimous vote of the Councilmembers present. C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Snyder asked that everyone note the future meetings listed. XVII. JOINT MEETING WITH REDEVELOPMENT AGENCY/ADJOURNMENT Mayor/Chairman Snyder convened the joint meeting of the City Council ann Redevelopment Agency at 1J:25 p.m. ROLL CALL Present: Absent: Vice Chairman Richard S. Kelly Member Phyllis Jackson Member Romeo S. Puluqi Member S. Roy Wilson Chairman Walter H. Snyder Also Present: Carlos L. Ortega, Executive Director Bruce A. Altman, City Manager William Strausz, Agency Counsel Sheila R. Gilligan, Secretary Ramon A. Diaz, Director of Enviornmental Services Barry D. McClellan, Director of Public Works JOINT PUBLIC HEARING A. REQUEST FOR CONSIDERATION OF AMENDMENT TO THE PALM DESERT REDEVELOPMENT AGENCY PLAN. Mayor Snyder advised that the Mayor would preside over this joint meeting. He opened the Public Hearing and asked for staff's report. City Clerk Sheila Gilligan advised that notice of the Joint Public Hearing was published in the Palm Desert Post and mailed as provided by law. Executive Director Carlos Ortega read for the record a prepared "Presentation to City Council and Agency Board" (attached hereto and made a part hereof as Exhibit "A".) Mayor Snyder invited public input, and the following spoke: DR. KENNETH MEBERG, Desert Sands Unified School District Superintendent of Schools, addressed the Council/Agency members and stated that while he was not expressing opposition to the amendment, he would like to sit down with the Agency in the future to discuss facility maintenance responsibilities with them for possible Agency future projects. Mayor Snyder asked for a report on any written objections filed, and Mrs. Gilligan responded that none had been filed. Mayor Snyder declared the public hearing closed. Member Puluqi moved to waive further reading and adopt Redevelopment Agency Resolution No. 182. Member Kelly seconded the motion which carried by a 4-0-1 vote. Member Wilson moved to approve the Reports and Information required by Health and Safety Code Section 33352 and to submit such reports and information to the City Council. Member Kelly seconded the motion. Motion carried by a 4-0-1 vote. -12- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder noted for the record receipt of the following by the City Council: 1. A Resolution of the Planning Commission approving the Redevelopment Plan, as amended, and recommending adoption of same by the City Council. 2. A Resolution of the Project Area Committee approving the Redevelopment Plan, as amended, and recommending adoptiion of same by the City Council. Councilman Wilson moved to waive further reading and adopt City Council Resolution No. 84-138. Councilman Kelly seconded the motion. Motion carred by a 4-0-1 vote. Councilman Puluqi moved to waive further reading and pass Ordinance No. 397 amending the Redevelopment Plan to second reading. Councilman Kelly seconded the motion. Motion carried by a 4-0-1 vote.. Upon motion by Puluqi, second by Kelly, and unanimous vote of the Councilmembers present, Mayor Snyder adjourned the City Council meeting at 10:40 p.m. to 7:00 p.m. on Thursday, November 29, 1984. ATTEST: SHEILA R. GILL-IGAN, CITLERK CITY OF PALM DESERT, MLIFORNIA /44,Z/ at-46 W LTER H. SNYDER, MAYR5R -13- MINUTES REGULAR CITY COUNCIL MEETING NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PRESENTATION TO CITY COUNCIL AND AGENCY BOARD AT JOINT PUBLIC HEARING NOVEMBER 8, 1984 Mr. Mayor, Members of the City Council, Mr. Chairman, Members of the Redevelopment Agency Board. I will proceed to review the following studies that have been done for the City of Palm Desert that support the reasons for staff's recommendation to amend the Redevelopment Plan. 1) Master Drainage Plan for the City of Palm Desert. 2) Preliminary Investigation of Assessment Proceedings for Flood Hazard Correction for the City of Palm Desert. "Each of you has before you the proposed Amendment to the Redevelopment Plan for Project Area No. 1 and the Redevelopment Plan, which I shall hereafter refer to as the Redevelopment Plan, as amended. You also have before you a resolution of the Planning Commission and a resolution of the Project Area Committee approving the proposed Amendment to the Redevelopment Plan and recommending the approval and adoption by the City Council. The City Council and Redevelopment Agency have been presented over the last several months with various documents which demonstrate that the territory included in Project Area No. 1 of the Agency is a blighted area within the meaning of that term under the Community Redevelopment Law." "As can be seen from these documents, the territory included in the Project Area is characterized by properties which suffer from economic dislocation, deteriora- tion, and disuse because of the existence of lots and other areas which are subject to being submerged by water and by the existence of inadequate public improvements and public facilities which cannot be remedied by private or governmental action without redevelopment. "As can also be determined from the various reports before the City Council and Redevelopment Agency this evening, other blighting characteristics of the territory in Project Area No. 1 include the laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions. For example, all subdivisions built with the subject territory without provisions for flood control or drainage improvements. As can also be determined from these documents, blighting characteristics cause a reduction of or a lack of proper utilization of the territory in the Project Area to such an extent that it constitutes a serious physical, social, and economic burden on the City of Palm Desert which cannot be reasonably expected to be reversed or alleviated by private enterprise acting alone. These documents which have been presented to the City Council and the Redevelopment Agency over the last several months and again this evening demonstrate that the Project Area is a blighted area, the redevelopment of which is necessary to effec- tuate the public purpose declared in the Community Redevelopment Law. -14- MINUTES REGULAR CITY COUNCIL MEETING * * * * * * * * * * * * * * * NOVEMBER 8, 1984 * * * * * * * * * * * * * * * * * * EXHIBIT "A" The Redevelopment Plan, as amended, will provide for the redevelopment of the Project Area in conformance with the Community Redevelopment Law and the interest 3f the public peace, health, safety and welfare, by providing public improvements in the form of flood control and drainage facilities which, in turn will alleviate a substantial hindrance to development in the area. The Redevelopment Plan, as amended, provides for allocation of tax revenues to the Redevelopment Agency from the territory in the Project Area to pay the princi- pal of and interest on indebtedness incurred to finance the flood control and drainage projects. The staff has prepared projections of tax increment revenues which will be available to the Agency to pay such indebtedness. The projections have been made available to the City Council and Redevelopment Agency and confirmed by the Agency's financial consultants, Miller & Schroeder Municipals from Solana Beach, California. As can be seen from these projections, the adoption and carry- ing out of the Redevelopment Plan is economically sound and feasible. The carrying out of the Redevelopment Plan, as amended, and the construction of the flood control and drainage projects described in the Redevelopment Plan, as amended, will, as shown by these various documents, promote the public peace, health, safety, and welfare of the City of Palm Desert and will effectuate the purpose and policy of the Community Redevelopment Law. The proposed Amendment to the Redevelopment Plan provides for the condemnation of real property where necessary for the provision of the flood control facilities. The Redevelopment Plan, as amended, and the reports and information submitted to the City Council pursuant to Health and Safety Code Section 33352 demonstrate that adequate provision has been made for payment for property to be acquired as pro- vided by law. No person or family will be displaced from the Project Area as a result of this Amendment. However, in the unlikely event that some unforeseen circumstance requires relocation, the Agency has a feasible plan for the relocation of any family or person which may be displaced from the territory to be added to Project Area. The inclusion of any lands, buildings or improvements in the Project Area which may not be or which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part and any such area included is necessary for the effective redevelopment of the Project Area and is not included for the purpose of obtaining the allocation of tax revenues from such area without other substantial justification for its inclusion. As can be seen from the documents before you this evening, the elimination of these blighting characteristics and redevelopment of the Project Area by the construction of the subject flood control and drainage facilities could not be reasonably expected to be accomplished by private enterprise acting along without the aid and assistance of the Palm Desert Redevelopment Agency. Based upon the reports and other information before you tonight, it is the recom- mendation of the staff that the Redevelopment Agency and City Council approve the proposed Amendment to the Redevelopment Plan for Project Area No. 1 of the Agency." -15-