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HomeMy WebLinkAbout1985-12-12MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, DECEMBER 12, 1985 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly called the meeting to order at 4:00 p.m. and noted that this earlier starting time was something new the Council was trying. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson II11. INVOCATION - Mayor Pro-Tempore Phyllis Jackson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Phyllis Jackson Councilman S. Roy Wilson Councilman Walter H. Snyder Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Kirby J. Warner, Director of General Services Steve Smith, Acting Director of Community Services Richard J. Folkers, Director of Public Works V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENTS to the Architectural Review Commission to Fill Vacancies of Expired Terms of Richard Holden and Bernard Leung. Councilmember Jackson noted that there had been several discussions previously about enlarging the Architectural Review Commission to seven members. In looking over attendance records, she felt this might be the time for the Council to consider this expansion. Councilman Wilson asked Mr. Smith what his reactions to this expansion would be. Mr. Smth stated that with a seven member Commission, it would take four members for a quorum rather than three, and he did not feel it would be any easier to get a quorum. He added if the Council wished to expand to seven members, perhaps it could also declare that it takes only three members to form a quorum. He also suggested that the Council appoint an alternate to attend in the event a regular member was unable to do so. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 . . . • • • • • • • • • • • • • • • • • • • • • • Upon question by Councilmember Jackson, Mr. Erwin responded that the Council may establish the number of members necessary to constitute a quorum. Councilmember Jackson stated she felt it takes at least a full year for a new commission member to get a feel for what is going on. She also felt that as there were two terms expiring, this might be the time to set forth the policy discussed many times previously and not have all' architects on the Commission. Councilman Snyder stated he felt the absentee problem could be solved by leaving the Commission at five members and appointing an alternate to sit in on meetings and be ready to serve if needed. Councilman Wilson stated that the Council might wish to consider appointing an alternate for each of the regular members to take their place whenever they wre unable to attend. He noted that many boards and commissions did this. Mayor Kelly responded that it was usually because the members serve a particular district. He felt that a five -member board has worked quite well in the past and should not be expanded to seven members. He added that there were three very qualified applicants interviewed by the Council. Mayor Kelly opened the nominations, and Mr. Erwin stated that nominations did not require a second. Councilmember Jackson nominated Mary Drury and Russell McCrea. Councilman Wilson nominated Rick Holden. With no further nominations offered, Mayor Kelly asked the Councilmembers for their votes: Councilmember Benson voted for Mary Drury and Rick Holden. Councilman Snyder voted for Russell McCrea and Mary Drury. Councilmember Jackson voted for Mary Drury and Russell McCrea. Councilman Wilson voted for Mary Drury and Rick Holden. Mayor Kelly voted for Mary Drury and Russell McCrea. Mayor Kelly announced that with five votes and three votes respectively, Mary Drury and Russell McCrea were appointed to the Architectural Review Commission to fill the expired terms of Rick Holden and Bernard Leung. Councilman Snyder moved to create an alternate position. Motion was seconded by Jackson and carried by unanimous vote of the Council. Mr. Erwin noted that this would take an amendment to the Municipal Code and that he would draft an ordinance for consideration by the Planning Commission and City Council. Mayor Kelly opened nominations for the alternate position. Councilmember Benson nominated Rick Holden. Councilman Wilson moved to close the nominations and appoint Rick Holden as alternate. Motion was seconded by Jackson and carried by unanimous vote of the Council, said appointment to take effect when the Council adopts an ordinance creating this alternate position. 2 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 . . • . . • • . • • • • • . . . • . • * • * • VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of November 14, 1985. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-047, 86-051, 86-053, AND 86-055. Rec: Approve as presented. C. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT for the Month of September, 1985. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Donald J. Rutherford and John S. Thompson for Alkobar Liquors, 73-510 Palm Desert Drive, Palm Desert, California 92260. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bruce Mercy and Kathleen M. Vollstedt for Great Ideas Unitd., 74-868 Joni Drive, #2, Palm Desert, California 92260. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albert Victor Adamson for Huston Pit Bar-B-Que, 72-750 El Paseo, #C-1, Palm Desert, California 92260. Rec: Receive and file. G. AMENDED CLAIM AGAINST THE CITY by Southern California Edison Company, P.O. Box 900, Rosemead, California 91770, for Alleged Damages to Facilities in the Amount of $1,285.65. Rec: Deny the Claim and Instruct the City Clerk to so Advise the Claimant. H. CLAIM AGAINST THE CITY by James S. Kane, 80-759 Dartmouth Street, Indio, California 92201, in the Amount of $148.70 for Alleged Vehicle Damages Sustained on Country Club Drive near Monterey Avenue. Rec: Deny the Claim and Instruct the City Clerk to so Advise the Claimant. I. RESOLUTION NO. 85-128 - 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 AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • J. RESOLUTION NO. 85-129 - 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 AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. K. RESOLUTION NO. 85-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR THE PORTION OF BURSERA WAY NORTH OF WILLOW STREET TO EDGEHILL DRIVE. Rec: Waive further reading and adopt Resolution No. 85-130 setting a public hearing to consider a street name change for a portion of Bursera Way north of Willow Street, approximately 250 feet in length, to Edgehill Drive. L. RESOLUTION NO. 85-131 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE PORTIONS OF RIGHT-OF-WAY KNOWN AS SONORA DRIVE UNDER THE PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS AND HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO PROPOSED VACATION. Rec: Waive further reading and adopt Resolution No. 85-131 setting a public hearing for consider- ation of the above -referenced vacation request. M. REQUEST FOR APPROVAL of Change Order No. 5 for Engineering Services Contract for the Portola Avenue Culvert at the Whitewater River (Contract No. 1073). Rec: By Minute Motion, approve Change Order No. 5 for Contract No. 1073 in the amount of 4,494.88. N. REQUEST FOR APPROVAL to Release Monumentation and Grading Bonds for Tract No. 14079, Kaufman and Broad and Kent Land Company, Developer. Rec: By Minute Motion, release the monumentation and grading bonds for Tract No. 14079. 0. REQUEST FOR APPROVAL of Change Order to Architectural Services Contract for College of the Desert Ballfield Lighting Project (Contract No. 00-014). Rec: Authorize an additional $2,000 to cover unexpec- ted costs incurred by the project architect. P. AWARD OF CONTRACT for Joshua Road Storm Drain --Phase 11 (Contract No. 1083). Rec: By Minute Motion, award Contract No. 1083 to Bonadiman-McCain, Inc., in the amount of $104,759.50 and authorize a ten percent contin- gency reserve for the contract in the amount of $10,475.95. 4 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 • • • • * e • : • * • • • • • • • • * • • * • • • Q. AWARD OF CONTRACT for College of the Desert Ba l l f i e l d Lighting (Contract No. 00-073). Rec: 1. Allocate an additional $70,000 to the COD Ballfield Lighting project; and 2. Award the construction contract to the low bidder, Agger Electric, Inc., in the amount of $120,802.00. R. CONSIDERATION OF RETENTION OF CONSULTANT for Ordinance No. 416 (Kelly Ordinance) Street Widenings. Rec: By Minute Motion, retain the firm of Neste, Brudin & Stone, Inc., as the consultant for the initial phase of the subject project. 5. REQUEST FOR APPROVAL OF AGREEMENT FOR COOPERATION WITH THE COACHELLA VALLEY COMMUNITY COLLEGE DISTRICT, THE PALM DESERT REDEVELOPMENT AGENCY, AND THE CITY OF PALM DESERT. Rec: Approve the proposed Agreement for Cooperation with the Coachella Valley Community College District, subject to minor technical changes that may be recommended by legal counsel. Mr. Altman requested that Items A, E, 0, and Q be removed from the Consent Calendar. Councilman Wilson asked that Items M and P also be removed. Upon motion by Wilson, second by Jackson, and unanimous vote of the Council, the Consent Calendar was approved as presented with the exception of Items A, E, M, 0, P, and Q which were removed for separate discussion under Section X, Consent Items Held Over. VII. ORAL COMMUNICATIONS - A MR. HARRY HOYT, 72-311 Maryvale, addressed the Council relative to consideration of a no -smoking ordinance for the City of Palm Desert. He stated his credentials included being a member of the El Paseo Merchants Committee, a former TWA captain, and an official speaker for the Heart Association. He distributed packets of information to the Councilmembers. Mayor Kelly stated that a no -smoking ordinance was on the Agenda this evening for Council consideration. He also noted that Councilman Snyder was President of CVAG, whose Executive Committee had recommended the ordinance to the Council. Councilman Snyder explained that CVAG was trying to put together a no -smoking ordinance that would be acceptable to all of its member cities in the Coachella Valley. He stated that the city managers of each city had been meeting to draft such an ordinance. Mr. Hoyt stated he felt some type of penalty should be included in the ordinance as well as provisions for enforcement. Mayor Kelly asked if anyone else wished to address the Council. MRS. WIN SEVERSON, 74-817 San Cristobal Circle, addressed the Council relative to the new road going into the high school and stated that residents were getting nervous that this road might not be finished by the time the new school opens. Mayor Kelly responded that there was a committee meeting scheduled for the following day, and this would be a matter 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 • • . • • • . . • • • • • • • • • • • • • • • • • for consideration. He added that the primary responsibility for the road was with the School District, and he suggested that she also make them aware of her concerns. Councilman Wilson stated that he and Councilmember Jackson had met with the residents and had made a commitment that a road would be in by the fall of 1986. VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: A. ORDINANCE NO. 443- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA, REPEALING SECTIONS 9.48.010, 9.48.020, AND 9.48.030 OF THE PALM DESERT MUNICIPAL CODE AND ADDING A NEW SECTION 9.48.010 RELATING TO PSYCHIC ACTIVITIES. Mr. Altman reported that there was a memo in the packets and that this subject had been discussed at length at the last Council meeting. He added that this would bring the City's Code into conformance with the law. Upon motion by Jackson, second by Benson, Ordinance No. 443 was passed to second reading by unanimous vote of the Council. B. ORDINANCE NO. 444- AN ORDINANCE OF THE CiTY COUNCIL OF THE, CiTY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES. Mr. Folkers reviewed the staff report in detail and offered to answer any questions by Council. Councilmember Jackson stated she felt this change on Portola would confuse people since it would be 25 mph northbound and 35 mph southbound. She felt the average person gets used to a certain speed zone whether they are going north or south. She also asked about signs indi- cating a different speed when children are present. Mr. Folkers responded that the speed limit is presently 35 mph on both sides of the Wash. When children are actively going to and from school, the speed limit is 25 mph, and these are enforceable limits. Mayor Kelly noted that the ordinance indicates the speed limit would stay the same on both sides of the Wash, whether a person is going north or south. Councilman Wilson stated that signs were never posted the previous year on Shadow Mountain when the speed limit was changed to 35 mph. He asked whether signs would be posted showing the 25 mph speed limit prior to enforce- ment. Mr. Folkers stated that in residential districts, 25 mph is the legal speed limit, and no posting is necessary. Mr. Altman noted that a speed survey conducted the previous year had shown that 35 mph was the proper speed limit if the City posted it. He added that Mr. Foikers has now found a way to allow the Sheriff's Department to 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 . . . . . . * . . . . . . . . . . . . . . . . . . enforce the speed limit of 25 mph, which he would explain to the Councilmembers if they wished. Upon motion by Jackson, second Benson, Ordinance No. 444 was passed to second reading by a 4-1 vote of the Council, with Councilman Wilson voting NO. 1 For Adoption: None X. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of November 14, 1985. Mr. Altman requested that the Minutes of the November 14th meeting be continued to January 23rd inasmuch as the City Clerk was on a medical leave of absence. Upon motion by Wilson, second by Jackson, the Minutes of the November 14th meeting were continued to January 23, 1986, by unanimous vote of the Council. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bruce Mercy and Kathleen M. Volistedt for Great Ideas Unitd., 74-868 Joni Drive, #2, Palm Desert, California 92260. Mr. Altman stated that the business applying for this Alcoholic Beverage License was actually in the County and, therefore, the City has no jurisdiction. He stated that it needed to be removed with no action necessary by the Council. M. REQUEST FOR APPROVAL of Change Order No. 5 for Engineering Services Contract for the Portola Avenue Culvert at the Whitewater River (Contract No. 1073). Councilman Wilson asked for clarification before approval of this expenditure. Mr. Folkers explained the staff report in detail. Councilman Wilson moved to, by Minute Motion, approve Change Order No. 5 for Contract No. 1073 in the amount of $4,494.88. 0. REQUEST FOR APPROVAL of Change Order to Architectural Services Contract for College of the Desert Ballfield Lighting Project (Contract No. 00-014). Q. AWARD OF CONTRACT for College of the Desert Ballfield Lighting (Contract No. 00-073). IUpon motion by Wilson, second by Snyder, Items 0 and Q were continued to December 19, 1985, by unanimous vote of the Council. Mr. Altman recommended that Items 0 and Q be continued to December 19, 1985, as staff was in the process of looking at lighting In conjuction with other projects. P. AWARD OF CONTRACT for Joshua Road Storm Drain --Phase II (Contract No. 1083). Councilman Wilson expressed concern with approving this large an amount of funds under the Consent Calendar. Mr. Altman responded that this was a budgeted item with nothing unusual about it. Mr. Folkers explained the project and reviewed the staff report. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 . . * . . . . * . . Councilman Snyder asked if this project would solve problems with drainage. Mr. Barry McClellan, former Director of Public Works, responded that this was the second stage in a plan presented to the Council approximately one year ago. He stated that following the August, 1983, flood, it was discovered that the Master Plan did not include the storm drain for the Joshua Road area, and ASL Engineering subsequently performed a drainage study. He added that all of the problems would not be solved until the rest of the phases were completed. Councilman Wilson moved to, by Minute Motion, award Contract No. 1083 to Bonadiman-McCain, Inc., in the amount of $104,759.50 and authorize a ten percent contingency reserve for the contract in the amount of $10,475.95. Motion was seconded by Jackson and carried by unanimous vote of the Council. XI. NEW BUSINESS A. REQUEST FROM COLLEGE OF THE DESERT REGARDING ITS PROPOSED CHILD CARE CENTER AND TRAINING FACILITY. Mr. Ortega reviewed the staff report and offered to answer any questions. He stated that he had advised the College that a request would have to be sent to the City prior to the commitment of staff time to help them. He added that if the Council felt this was a good idea, he would put together a packet and come back to the Council for approval at a future meeting; however, he needed Council approval to use staff time in helping the College. Councilmember Benson moved to approve the idea in concept and direct staff to work with College of the Desert and bring back a specific request for action at a future Council meeting. Motion was seconded by Jackson and carried by unanimous vote of the council. B. REQUEST FOR ADDITIONAL APPROPRIATION FOR IMPROVEMENTS AT SPORTS COMPLEX. Mr. Altman asked that this item be continued to the meeting of December 19, 1985, to be considered at the same time as Items 0 a Q of the Consent Calendar. Upon motion by Wilson, second by Jackson, this matter was continued to the meeting of December 19th by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF SUPPLEMENTAL AGREEMENT FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Mr. Ortega reviewed the staff report in detail, noting that the Council had determined that it wanted to apply the 1985/86 funds toward development of San Pablo Park. He added that the funds could always be applied to a different project as long as it remains in the same neighborhood. Councilmember Jackson moved to approve the supplemental agreement (#00-002-1) for use of llth Year CDBG Funds. Motion was seconded by Benson and carried byunanimous vote of the Council. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 * . . • • . • * * * • . . * • • • • • D. FORMATION OF UNDERGROUND ASSESSMENT DISTRICT FOR UNDER - GROUNDING CABLES AT PORTOLA FIRE STATION SITE. Mr. Ortega reviewed the staff report, noting that if approved, the City's share of the cost would be $45,000, and it would have to be budgeted as an extra on the Fire Station Project approval on the 19th. Upon question by Mayor Kelly, Mr. Altman responded that there were no General Fund monies for this project. The entire project is funded from the Fire Tax Utilities fund. He added that Council would be asked to award the bid at its meeting of December 19th. Councilmember Benson moved to direct Staff to begin the process of forming an underground assessment district for the undergrounding of cables at the Portola Fire Station site, utilizing Public Utilities Commission's Rule 20 funds as specified with the materials and allo- cations as specified. Motion was seconded by Jackson and carried by unanimous vote of the Council. XII. CONTINUED BUSINESS None XIII. OLD BUSINESS None XIV. INFORMATIONAL ITEMS A. Progress report on the Cook Street extension. Mr. Folkers introduced Mr. Charles Haver of Charles Haver and Associates,who distributed reports to each of the Councilmembers. He described the project in detail and offered to answer any questions the Council might have. Councilman Wilson moved to: 1) ratify Mr. Haver's work to date; and, 2) authorize the Mayor to execute a contract in the amount of $10,000 with Charles Haver 8 Associates for engineering services in connection with the Cook Street Extension to Interstate 10, the freeway interchange, and the bridge over the Whitewater Channel. Motion was seconded by Jackson and carried by unanimous vote of the Council. B. Review of "High Twelves" sign in service club display at City entrance. Mr. Smith stated that approval of this request did not fall under the jurisdiction of the Architectural Review Commission and, therefore, the Council was being asked to consider this matter. He added that there was one remaining spot on the service club display at the west entrance to the City and showed what the sign would look like. Mr. Glenn Hitchcock spoke on behalf of the "High Twelves" and stated that this was an international organization whose primary interest was in helping the youth. Upon question by Mayor Kelly, Mr. Hitchcock responded that there were currently 55 members of this group which meets at Marrakesh. Upon question by Councilman Wilson, Mr. Smith responded that the display had no general theme and that he did not feel this sign would be out of character with what was 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • already there. He added that no formal action by the Council was necessary as long as there were no objections to installing the sign. There were no objections by the Council. UPON MOTION BY WILSON, SECOND BY JACKSON, AND UNANIMOUS VOTE OF THE COUNCIL, MAYOR KELLY ADJOURNED THE MEETING AT 5:40 P.M. TO 7:00 P.M. Mayor Kelly reconvened the meeting at 7:00 p.m. and noted for those 1n the audience who had just arrived that the Council had met at 4:00 p.m., had recessed for dinner, and would now continue with the Council meeting. XV. PUBLIC HEARINGS - 7 P.M. A. REQUEST FOR A CHANGE OF ZONE FROM R-2 S.P. TO O.P. S.P. (OFFICE PROFESSIONAL, SCENIC PRESERVATION OVERLAY) FOR 9 LOTS ON THE WEST SIDE OF MONTEREY AVENUE SOUTH OF FRED WARING DRIVE. (Continued from the meeting of September 12, 1985, and October 10, 1985.) Mayor Kelly noted that this was a continued public hearing and asked for staff's report. Mr. Smith asked that this item be continued to the meeting of December 19, 1985, inasmuch as the meeting regarding amendments to Office Professional zoning would not take place until that time. Mayor Kelly invited testimony from the audience, and none was offered. Upon motion by Jackson, second by Wilson, and unanimous vote of the Council, this matter was continued to the meeting of December 19, 1985. B. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE, PERMITTING TIMESHARE DEVELOPMENTS IN THE PR ZONE AND ESTABLISHING STANDARDS OF DEVELOPMENT THEREFORE. CASE NO. ZOA 85-6. (Continued from the meeting of October 24, 1985.) Mayor Kelly noted that this was a continued public hearing and asked for staff's report. Mr. Drell stated that letters had been received from the Board of Realtors and Palm Desert Property Owners' Association stating that timeshares should only be allowed in existing commercial zones. He reviewed the staff report in detail and offered to answer any ques- tions. Mayor Kelly invited input in FAVOR of this amendment. MR. KEITH ANDERSON, 41-201 Portola, stated that he had spoken previously on this issue. He felt that a main- tenance program on a regular basis would be good for any project. He also agreed that the number of units should be limited and felt that if done right, timeshares would be a good way to supplement having too many condominiums. He added that if timeshares were allowed, he felt the PR zone was the best and would keep the quality of the projects up. MR. HENRY CLEARY, 73-350 El Paseo, concurred with Mr. Anderson and felt the PR zone was the most appropriate 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • for timeshares and that it should not be limited to commercial areas of the City. Mayor Kelly invited input in OPPOSITION to this amendment. MR. RALPH W000 stated he wished to clarify that the letter received from the Board of Realtors reflected action taken by the Board of Directors of the organization and was not put before the general membership. With no further public testimony offered, Mayor Kelly declared the public hearing closed. Councilmember Jackson stated that as staff had addressed the concerns brought up at the October 24th meeting, she felt timeshares should be confined to the PR zone as opposed to commercial zones. She agreed with staff's recommendation that timeshares not be permitted in the PC-4 zone, which should be reserved for conventional hotels. She added that she felt the timeshare concept was the wave of the future and that if a policy was not adopted at this time, it would be soon. Councilmember Benson referred to staff's recommendation that a limit of 300 timeshare units be established and asked if there could be six 50-unit timeshares allowed. Mr. Smith responded that the current code limits state there must be 20 units or more. Mr. Drell added that the way the code is written, there could actually be 15 20-unit projects. Councilmember Jackson stated she felt that 50 units per project should be required. Councilman Wilson stated that as he saw it, the strongest argument heard was that perhaps the PR zone was more appropriate than the commercial zone in order to provide a more desirable living atmosphere and hopefully produce higher quality projects. He added that the Council was not deciding whether or not to allow timeshares but rather where to allow them, and he concurred with the staff recommendations. Councilman Snyder stated that his original concern was with people buying into timeshares for vacation living and disturbing the people who are living here through the entire year. He felt that the restrictions imposed would guarantee the quality of project best for the City; however, he also felt this matter should be sent back to the Planning Commission inasmuch as there were changes that had been made since the Commission's decision. Councilman Snyder moved to, by Minute Motion, express tentative pproval of the timeshare ordinance and direct the Planning Commission o look at providing for a minimum number of units per project. Motion as seconded by Jackson and carried by a 4-1 vote, with Mayor Kelly voting NO. C. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT ADDING RECREATIONAL VEHICLE PARKS AS A CONDITIONAL USE WITHIN THE PR AND R-1-M ZONES. Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Drell reviewed the staff report, stating that the basic intent of this ordinance amendment was to provide 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • DECEMBER 12, 1985 • • • • • • • • • • • something more than just a parking space. He noted that these recreational vehicle parks would be subject to collection of transient occupancy tax. He also stated that a letter had been received from Alan Dunham, an architect who was considering development of a recrea- tional vehicle park. He felt the 50 foot setback require- ment of the ordinance was excessive and that 45 feet would be more appropriate. Mr. Drell stated that the 50 foot setback was based on the length of the trailer plus an automobile. Mayor Kelly invited input in FAVOR of this amendment, and none was offered. He invited input in OPPOSITION to this amendment, and none was offered. He declared the public hearing closed. Councilmember Jackson stated she felt some very high standards had been set for R.V. parks and that with these restrictions there should not be any problems attracting people who want to put in a nice park. Councilman Snyder moved to waive further reading and pass Ordinance No. 445 to second reading. Motion was seconded by Jackson and carried by a 3-2 vote of the Council, with Mayor Kelly and Councilmember Benson voting N0. D. REQUEST FOR APPEAL OF PLANNING COMMISSION DENIAL OF A GENERAL PLAN AMENDMENT FROM PARK TO MEDIUM DENSITY RESIDENTIAL, 5-7 DWELLING UNITS PER ACRE, A CHANGE OF ZONE FROM OPEN SPACE TO PR-5 (PLANNED RESIDENTIAL, 5 DWELLING UNITS PER ACRE), (AMENDED FROM ORIGINAL REQUEST), AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR 58 ACRES LOCATED ON THE SOUTH SIDE OF HOVLEY LANE, BETWEEN PORTOLA AVENUE AND ECLECTIC STREET (ARTHUR BAILEY 8 ASSOC., GEORGE BERKEY, AND TERRA NOVA, APPELLANTS). Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Smith reviewed the staff report in detail, noting that the applicants' original request was formally denied by the Planning Commission at its meeting of September 3, 1985. He offered to answer any questions. Mayor Kelly invited input in FAVOR of this request. MR. JOHN CRISTE of Terra Nova stated that residents downwind of the project are affected by blow sand and the use of the sand dunes by off -road vehicles, and he felt that this development would eliminate these problems. He reviewed the proceedings that had taken place up to this point and stated that the Open Space and Recreation Subcommittee of the Year 2000 Committee had just taken a vote and had not allowed them to address it. He also stated that the extension of Hovley Lane would be a possible benefit of the project if approved, and they would make every effort to negotiate with the City in good faith and put in the kind of development the City would like to see. MR. GEORGE BERKEY, 73-625 Joshua Tree Street, urged the Council to take a very broad view of open space and look beyond the City limits, as Palm Desert is within minutes of hundreds of acres of open space not suitable for development. He felt this development would definitely benefit the City. MR. GEORGE BERKEY, JR., 45-352 Indian Wells Lane, stated he felt there was a need for this type of project In the 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • City. He felt there were two questions for the Council to considers 1) Should the City purchase the land for development into some type of park; or 2) Should the City allow the rezoning that is compatible for that area. Mayor Kelly invited input in OPPOSITION to this request. MR. RON GREGORY, 74-301 Old Prospector Trail, stated that he was a member of the Year 2000 Open Space and Recreation Committee and that he was very much in favor of the development of parks in the City. He felt a good city could be judged by the parks provided for its citizens. He noted that the Open Space Committee was particularly interested in this piece of property as it was in the center of the City and one of the best locations for a park. The Committee would like to see it developed as a passive park and not an athletic field. He responded to Mr. Criste's comments regarding the Open Space Committee's unwillingness to meet with him and stated that this Committee was not an official body of the City and was composed of interested citizens donating their time. MS. SUSAN MACK, 74-881 Borrego, spoke as Chairman of the Year 2000 Open Space and Recreation Committee. She felt that there were no other areas in the City for parks as centrally located and which would serve all of the community as well as this parcel of land. MS. GLADYS HUMPHRIES, 74-444 Angels Camp Road, asked how this property would be policed if it were to remain open space, since it was currently being used a great deal by off -road vehicles. MR. JAY BIRCH, 74-432 Angels Camp Road, was also concerned with the off -road vehicle problems and stated that he had been advised by the City that this would be taken care of, and nothing had been done to date. MS. SUSAN MACK stated that the Open Space Committee had determined that it would be unreasonable to leave this area as it is currently and would like to see it developed into a park where the sand is anchored so the blow sand problem would be eliminated for those people who live adjacent to the area. Mayor Kelly declared the public hearing closed. Councilmember Jackson stated that a lot of things had happened since 1977 when Mr. Gibbs had offered this piece of land to the City and that if he was going to give the land to the City, he would have done it a long time ago. She felt that it would be a misuse of land to put a park at that site where all of the City's services are avail- able and that there are other areas where parks can be developed. Councilmember Benson stated she felt the Council should look at the needs of the citizens and that the City should not lose this piece of land until an alternate site for a park was found. She felt the City definitely needed to consider development of parks as there were many citizens who take their children to neighboring cities to play in their parks. Councilman Wilson felt the original concept was to have a large area in the center of the City that would be reserved for open space and some type of park usage, and 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 . . . . . . . . . . . . . . . . . . . . . . . . . he did not want to see the last large area of open space in the middle of the City developed except as a park. Councilman Snyder stated he was in favor of developing parks in the City but did not think 125 acres of land should be tied up as open space. He felt a decision needed to be made as to how large a park should be and where the money would come from to purchase the land and maintain the property, as there might be another area which would the City could acquire at a lower cost. Mayor Kelly agreed that parks were needed in the City and stated he would be willing to work with the owners to see if something could be worked out so that the owners are treated fairly as far as their property is concerned and still provide park facilities for the citizens. He did not see how this open space could be given up when the General Plan shows it as open space for park use. Councilmember Jackson stated she felt this needed further study and asked if the developer had any suggestions as to the need for parks. Mayor Kelly reopened the public hearing. MR. GEORGE BERKEY, JR., acknowledged the need for parks and suggested that this item be continued to see if something mutually beneficial to the property owners and the City could be worked out. Mayor Kelly declared the public hearing closed. Councilman Snyder moved to continue this matter to the meeting of January 9, 1986, to give the land owners an opportunity to return to the City with a proposal showing the amount of land they are willing to grant to the City for park usage, said proposal to be reviewed for comment by the Open Space and Recreation Committee of the Year 2000 Committee. Motion was seconded by Jackson and carried by unanimous vote of the Council. Mayor Kelly assured Ms. Humphries and Mr. Birch that something would be done to eliminate the problems with the off -road vehicles. E. REQUEST FOR CONFIRMATION OF ASSESSMENTS ON CERTAIN SPECIFIC PROPERTY OWNERS IN THE CITY OF PALM DESERT FOR ABATEMENT OF WEEDS AND OTHER NUISANCES. Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Altman reported that a memo from Mr. Allen was in the packets and that the first two owners listed on the memo had paid the abatement costs and should be deleted from the resolution. Mayor Kelly 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. Councilmember Jackson moved to waive further reading and adopt Resolution No. 85-133 as amended, confirming said assessments. Motion was seconded by Wilson and carried by unanimous vote of the Council. XVI. ORAL COMMUNICATIONS - B None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • XVII. REPORTS AND REMARKS A. CITY MANAGER I. Mr. Altman reported that the Council had recently been briefed on the City's insurance situation and that it would be asked at this meeting to set aside an amount of money to protect the City. He also asked that the Council authorize payment of $1,000 to CVAG as Palm Desert's share of the cost for the liability insurance program for the Joint Powers Insurance Authority. Councilmember Jackson moved to approve the payment of $1,000 to CVAG as Palm Desert's share of the cost for the 1 iabi l ity insurance program for the Joint Powers Insurance Authority. Motion was seconded by Snyder and carried by unanimous vote of the Council. 2. Mr. Altman recommended that the Council appropriate $1,000,000 from Unappropriated Reserves and authorize staff to secure a contract with a claims adjuster to ajudicate claims as they come in. Councilman Wilson verified with Mr. Altman that this was money that would have been used for capital projects and which would not now be able to be used for that purpose. Councilmember Jackson moved to appropriate $1,000,000 from the Unappropriated Reserves and authorize staff to secure a contract with a claims adjuster to ajudicate claims as they come in to the City, said contract to be subject to ratification by the Council at a future meeting. Motion was seconded by Benson and carried by unanimous vote of the Counc i `. 3. Mr. Altman stated there was an item on the Redevelop- ment Agency Agenda which should be a joint public hearing between the Agency and City Council. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. AGENDA FORMAT Councilmember Benson stated her concern with the new Agenda format in that anyone receiving awards would probably not be able to attend at 4:00 to receive them. Councilmember Jackson stated she felt the informa- tional items should be considered first on the Agenda. Councilman Wilson stated that he felt this format would facilitate the Council taking action on any of the informational items and they would not have to be considered twice. Mayor Kelly stated that he and the City Manager would meet to work out a better format for the January meetings. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • 2. LEGISLATIVE LUNCHEON DECEMBER 12, 1985 • • • • • • • • • • Councilman Wilson noted that the Legislative Luncheon was 1 i sted under Future Meetings and asked if proper notice had been given. Mr. Altman responded that a press release andII invitations had been sent out. 3. Councilman Wilson stated that he had a Riverside County Transportation meeting on December 19th and would, therefore, be late for that Council meeting. 4. SOAP BOX DERBY Councilman Wilson stated that the Council had received copies of a letter relative to a Soap Box Derby, and he felt this matter should be studied. Mayor Kelly responded that the City Manager had sent the letter to department heads and the City Attorney for comment. 5. Councilmember Jackson stated that she had received favorable comments regarding the completion of the Jensen's superblock but felt it was time to discuss with Cal Trans the completion of the rest of the area to the west of Jensen's and that those people in that area had waited too long. 6. Councilmember Jackson stated she felt there were a few inconsistencies in the policy regarding building pads. She asked why the Information Center at Monterey and Highway 111 was sitting down in a hole, while 1st Bank of Palm Desert was on a pad built up three feet. Mr. Altman stated that staff would look into the matter to see if 1st Bank of Palm Desert was in conformance with Code. At 9:05 p.m. Councilmember Jackson moved to adjourn to a joint meeting with the Palm Desert Redevelopment Agency for the purpose of conducting a Joint Public Hearing to consider adoption of a resolution by the Agency approving a proposed statement of existing obligations of the Agency and a proposed statement of existing projects, programs and activities of the Agency. Motion was seconded by Wilson and carried by unanimous vote of the Council. XVIII. JOINT PUBLIC HEARING Mayor Kelly reconvened the City Council meeting and called the Redevelopment Agency meeting to order at 9:15 p.m. He asked for a Roll Call. Present: Member Jean M. Benson Vice Chairman Phyllis Jackson Member Walter H. Snyder Member S. Roy Wilson Chairman Richard S. Kelly 1 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1985 • ., . . • . . . . • • . . • . . • . . • . • • • • Also Present: Carlos L. Ortega, Executive Director Bruce A. Altman, City Manager Bill Strausz, Agency Counsel Mary P. Frazier, Acting Secretary Richard J. Folkers, Director of Public Works Kirby J. Warner, Director of General Services Steve Smith, Acting Director of Community Services A. STATEMENT OF AGENCY'S EXISTING OBLIGATIONS. EXISTING PROJECTS, AND ACTIVITIES. Mayor Kelly declared the Public Hearing open and asked for staff's report. Mr. Ortega reviewed the staff report in detail and offered to answer any questions. Mayor Kelly invited public testimony, and none was offered. He declared the Public Hearing closed. Upon motion by Jackson, second by Wilson, Resolution No. 196 was adopted by unanimous vote of the Agency Board, adopting a proposed Statement of Existing Obligations and a proposed Statement of Existing Programs. Upon motion by Wilson, second by Benson, and unanimous vote of Ithe Agency Board, Chairman Kelly adjourned the Redevelopment Agency meeting at 10:20 p.m. to December 19, 1985. INFORMATIONAL ITEMS Mr. Altman noted that there were several Informational Items which the Council had not yet discussed. C. No Smoking Ordinance recommendations by CVAG's Executive Committee. Mr. Altman and Councilman Snyder discussed CVAG's Techni- cal Committee's recommendations in detail. Councilmembers Jackson and Wilson stated their concerns with enforcement of this type of ordinance. With Council concurrence, staff was directed to draft an ordinance for consideration by the Council at its meeting on January 23, 1986. D. Discussion of proposed sign amendment to permit wall signs in excess of 20 feet above grade as recommended by Architectural Review Commission. Mr. Smith reported that the Architectural Review Commis- sion had rejected several sign requests in the past year or so because they were in excess of 20 feet. The Commission felt that there were instances where approval for these types of signs could be given and asked for direction from Council to refer these requests to the Planning Commission. Councilman Snyder stated that the signs could possibly be redesigned to conform with the 20 foot requirement. Council concurred that this matter should not be referred to the Planning Commission. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING . . . . . . . . . . * . . . . DECEMBER 12, 1985 * . * * . . * * * . E. Report on single family dwellings and Architectural Review Commission's review of them. Mr. Altman stated that this matter had been discussed at a staff meeting and that a report had been distributed to the Council. He suggested that a meeting be set up with Councilmember Benson, another Councilmember, City Manager, Steve Smith, at least one Planning Commissioner, two members of the Architectural Review Commission and one or two homeowners. Council concurred that this committee should be formed and a meeting should be held to discuss the problems and solutions for single family dwellings. F. Discussion of coverage for KaffeeKlatsch. Mr. Altman reported that he had discussed coverage for KaffeeKlatsch meetings with Mayor Kelly, who felt it was his responsibility to attend as Mayor and that any of the other Councilmembers who wished to attend could still do so. Mayor Kelly added that if he was unable to attend, he would contact the other Councilmembers so that someone would be there. XIX. ADJOURNMENT At 10:20 p.m., Councilman Wilson moved to adjourn the City Council meeting to 4:00 p.m. on December 19, 1985. Motion was seconded by Jackson and carried by unanimous vote of the Council. ATTEST: ilitt.k..._, Q nS\O-2-it cLi-L. M RY P. •AZIER, DEPi4Y CITY CLERK CITY OF LM DESERT, CALIFORNIA eee;Ited1/4A RICHP D S. KELLY, MAYOR/ 18