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HomeMy WebLinkAbout1985-12-19MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING THURSDAY. DECEMBER 19, 1985 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly called the meeting to order at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Richard S. Kelly 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 (arrived 7:00) David Yrigoyen, Administrative Assistant David J. ErKin, City Attorney Mary P. Frazier, Deputy City Clerk Kirby J. Warner, Director of General Services (arrived 7:00) Paul Gibson, Accounting Supervisor Steve Smith, Acting Director of Community Services Richard J. Folkers, Director of Public Works Frank Allen, Director of Code Compliance NOTE: SONE ITEMS ON THE AGENDA WERE TAKEN OUT OF ORDER; HOWEVER, FOR CLARIFICATION PURPOSES, THE MINUTES WILL REFLECT ACTION TAKEN ON ITEMS IN ORDER OF APPEARANCE ON THE AGENDA FOR DECEMBER 19, 1985. V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF RESOLUTION OF APPRECIATION to Captain Mike Lewis of the Riverside County Sheriff's Department. Mayor Kelly read and presented a resolution of apprecia- tion to Captain Mike Lewis and commended him for his outstanding efforts on behalf of the City of Palm Desert and its residents. Captain Lewis thanked the Council and stated he believed in community involvement in law enforcement, and the City had been exemplary in involving itself in this process. MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 a • • • • • • • • is • • • • • a • • • a a • • a a VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of December 12, 1985. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand No. 86-056. 86-057, 86-059. and 86-061. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The South- land Corporation for 7-Eleven Food Store 2131-new, 72-180 Highway 111, Palm Desert, California 92260. Rec: Receive and file. D. CLAIM AGAINST THE CITY by Aviva Wilde In the Amount of $1,986.63 for Alleged Vehicle Damages Sustained in an accident on October 19, 1985. Rec: Deny the Claim and Instruct the City Clerk to so Advise the Claimant. E. CLAIM AGAINST THE CITY by Ted Snyder, Jr., in an Unspeci- fied Amount for Alleged Personal Injuries Sustained by Beverly E. Snyder on November 15, 1985, at 73-970 El Paseo, Palm Desert, California. Rec: Deny the Claim and Instruct the City Clerk to so Advise the Claimant. F. CLAIM AGAINST THE CITY by Evelyn Villarreal in the Amount of $50,100.00 for Alleged Injuries and Damages Sustained in an Accident at the Intersection of Plaza Way and El Paseo, Palm Desert, California. Rec: Deny the Claim and Instruct the City Clerk to so Advise the Claimant. G. CLAIM AGAINST THE CITY by Tanya Sanchez in the Amount of Approximately $50,000 for Alleged Injuries and Damages Sustained in an Accident at the Intersection of Plaza Way and El Paseo, Palm Desert, California. Rec: Deny the Claim and Instruct the City Clerk to so Advise the Claimant. H. AWARD OF CONTRACT for Construction of San Pablo Bikeway (Contract No. 00-074). Rec: By Minute Motion, award Contract No. 00-074 for the construction of the San Pablo Bikeway to Massey Sand and Rock Company in the amount of $21,343.60. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1088 - Traffic Signal Modifications at Fred Waring Drive/Portola Avenue. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for Contract No. 1088. 2 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Altman requested that Item A be continued to the meeting of January 9, 1986. Upon question by Councilman Wilson, Mr. Erwin responded that there was potential exposure for the City Council and employees because the City no longer has liability insurance coverage as of December 5th; however, the Council, at its meeting of December l2th, had authorized a reserve fund to cover anything that might come up since the expiration date of the insurance coverage. He stated that claims against the City which occurred after December 5th would no longer be referred to the insurance carrier; instead, he would be reviewing these claims and they would then go to the Council for action. He added that as long as employees and the Council were acting within the scope of their office or position, the City was required to indemnify and defend them against any suits. Upon motion by Jackson, second by Wilson, and unanimous vote of the Council, the Consent Calendar was approved as presented with the exception of Item A, which was continued to the meeting of January 9, 1986. VII. ORAL COMMUNICATIONS - A MR. BRIAN MALONEY of Cathedral City asked to address the Council relative to the skateboard ordinance. Mr. Altman stated that it was already an Agenda item; however, Mayor Kelly noted that it was not a public hearing and allowed Mr. Maloney to speak. He stated that he works in Palm Desert and also attends classes at College of the Desert --his only transportation is a bus from home to work and then his skateboard from work to school. He felt that if skateboards were to be prohibited, the same should be done for bicycles as he did not feel bicycles were any more safe than skateboards. Upon question by Councilmember Benson, Mr. Maloney responded that his office was at Highway 111 and Deep Canyon, and it takes him five to ten minutes to ride his skateboard to school. Mayor Kelly stated that Mr. Maloney's comments would be kept in mind when the Council considered the skateboard ordinance later in the meeting. At 5:00 P.M. Mr. Altman stated that members of Desert Sands Unified School District had arrived. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Mayor Kelly adjourned to Closed Session under Government Code Section 54956.7(c) for the purpose of discussing pending litigation. He noted that the Council would not reconvene until 7:00 p.m. MAYOR KELLY RECONVENED THE COUNCIL MEETING AT 7:00 P.M. WITH NO ACTION TAKEN OR ANNOUNCED. VIII. RESOLUTIONS A. RESOLUTION NO. 85-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 83-7 AND ADOPTING A POLICY FOR REIMBURSE- MENT OF EXPENSES FOR CONFERENCE OR FUNCTION ATTENDANCE BY CITY REPRESENTATIVES. Mr. Altman reported that a subcommittee of himself, Mayor Kelly, Councilmember Benson and Kirby Warner had met 3 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING * . • • • • • • • • • • • • • . . • • • • • • • • DECEMBER 19, 1985 regarding reimbursement of expenses for conferences and functions attended by City representatives and had recommended this resolution. Upon question by Councilman Wilson, Mayor Kelly responded that the City would pay for the cost of a delegate only; no spouse costs would be covered. Upon motion by Jackson, second by Benson, and unanimous vote of the Council, Resolution No. 85-134 was adopted as amended to show "The City will pay the full room cost for the delegate only." IX. ORDINANCES For Introduction: A. ORDINANCE NO. 446 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA, AMENDING SECTION 8.16.020 OF CHAPTER 8.16 PERTAINING TO OWNER'S RESPONSI- BILITY FOR REFUSE REMOVAL. Mr. Altman reviewed the staff report in detail, noting that the Municipal Code currently requires that trash be picked up twice a week for commercial establishments; however, there are some establishments which do not need service that often, and the ordinance would authorize once a week pickup for compactors with approval of the Health Department. Upon motion by Snyder, second by Jackson, and unanimous vote of the Council, Ordinance No. 446 was passed to second reading. B. ORDINANCE NO. 447 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.98, SECTION 5.98.010 TO 5.98.130 TO THE CITY CODES PERTAINING TO TEMPORARY DANCE AND TEMPORARY ENTERTAINMENT PERMITS, OUTDOOR FESTIVALS AND SPORTING EVENTS. Mr. Altman reported that the Council had previously considered this ordinance and had referred it to the Police Advisory Committee for more study. Sgt. Jake Bowser reported that the Sheriff's Department had originally proposed that an ordinance of this kind be adopted to assist with anticipated problems with functions such as rock concerts and large gatherings. He added that the ordinance as proposed had gone beyond its original intent because it would not be an effective tool for law enforcement. He requested that the Council table the Ordinance. Councifinember Jackson asked whether, under this ordinance, homeowners having functions on their own property but with more than 75 people would be required to obtain a permit. Sgt. Bowser responded that this was where the ordinance had gone beyond its original intent. He added that he would not want to go out and try to enforce the ordinance in this kind of situation. Upon motion by Wilson, second by Jackson, Ordinance No. 447 was TABLED by unanimous vote of the Council. MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • C. ORDINANCE N0. 448 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA, PROHIBITING SKATE- BOARDS AND SIMILAR DEVICES ON ROADWAYS WITHIN BUSINESS DISTRICTS. Mr. Allen reviewed the staff report in detail, noting that the ordinance does not prohibit skateboards in residential areas. Sgt. Bowser stated that both Highway 74 and Portola Avenue were long, downhill runs that kids have been using for skateboard runs. He added that he would like the kids off the major thoroughfares because of the high speeds of the vehicles and the hazards to skateboarders. He also felt the City had the authority to make misde- meanors an infraction and that this could be a ticket rather than an arrest situation. He stated the Police Department did not intend to get into any kind of permit or licensing situations for skateboards. Currently, the only way law enforcement personnel can take action is if they see a car being forced to change lanes to avoid a skateboarder. Councilmember Benson asked whether a ticket could be issued to a minor, and Mr. Erwin responded that it was legal to do so. Councilman Wilson suggested that this matter be continued for a month and that staff be directed to address the items brought up by Sgt. Bowser and Mr. Maloney (under Oral Communications). He also felt the ordinance should be written so that people who ride skateboards for transportation are not completely restricted --perhaps provide that they stay in the bicycle lanes. Upon motion by Wilson, second by Benson, Ordinance No. 448 was continued to the meeting of January 23, 1986, by unanimous vote of the Council. For Adoption: 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 no further input had been received since first reading of this ordinance. Upon motion by Snyder, second by Benson, Ordinance No. 443 was adopted 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. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Snyder, second by Benson, Ordinance No. 444 was adopted by a 4-1 vote, with Councilman Wilson voting N0. 5 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • C. ORDINANCE NO. 445 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT ADDING RECREATIONAL VEHICLE PARKS AS A CONDITIONAL USE TO THE PR AND R-1-M ZONES. Mr. Altman reported that there had been no changes since111 first reading of this ordinance. Upon motion by Snyder, second by Jackson, Ordinance No. 445 was adopted by a 3-2 vote of the Council, with Councilmember Benson and Mayor Kelly voting NO. X. CONSENT ITEMS HELD OVER None XI. NEW BUSINESS A. REQUEST FOR APPROVAL OF TWENTY FOUR FOOT BELL TOWER FOR NEWMAN CENTER REMODEL AT SOUTHWEST CORNER OF FRED WARING AND SAN PABLO. Mr. Altman stated that there was a memo in the packets and that staff would answer any questions. Councilmember Jackson moved to, by Minute Motion, approve the height exception for Newman Center bell tower/parapet. Motion was seconded by Wilson and carried by a 4-1 vote, with Councilman Snyder voting NO. B. REQUEST FOR APPROVAL OF MODIFICATION TO WORK HOURS FOR PORTOLA STORM DRAIN PROJECT. Mr. Altman reviewed the staff report and offered to answer any questions. Counciimembers Benson and Wilson stated their concern with the 5 a.m. and 6 a.m. starting times. Mr. Altman responded that starting earlier in the day would lessen the impact on traffic. Councilman Snyder stated he would not mind some early morning starting times in order to have this section completed more quickly. Mayor Kelly stated that the work hours could always be re-evaluated if there were problems or complaints. Councilman Wilson moved to, by Minute Motion, waive the work hours requirements of Ordinance No. 420 for the Portola Storm Drain segment between the Whitewater Channel and Fairway Drive. Motion was seconded by Jackson and carried by unanimous vote of the Council. C. REQUEST FOR ADDITIONAL APPROPRIATION, FOR IMPROVEMENTS AT SPORTS COMPLEX (Continued from Meeting of December 12, 1985). Upon motion by Jackson, second by Snyder, and unanimous vote of the Council, this matter was continued to the meeting of January 9, 1986. 6 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 * • • • • • • • • • * • • * * • * • • • • • * • • 0. AWARD OF CONTRACT FOR COLLEGE OF THE DESERT BALLFIELD LIGHTING - CONTRACT NO. 00-073 (Continued from the Meeting of December 12, 1985). IIUpon motion by Jackson, second by Wilson, this matter was continued to the meeting of January 9, 1986, by unanimous vote of the Council. 1 E. REQUEST FOR APPROVAL OF CHANGE ORDER TO ARCHITECTURAL SERVICES CONTRACT FOR C.O.D. BALLFIELD LIGHTING PROJECT. Mr. Altman recommended approval of this item inasmuch as the costs had already been incurred in the design of the project. Councilmember Jackson moved to, by Minute Motion, authorize an additional $2,000 to cover unexpected costs incurred by the project architect. Motion was seconded by Snyder and carried by unanimous vote of the Council. F. REPORT ON GOLF ACADEMY AT COLLEGE OF THE DESERT. Mr. Altman reported that College of the Desert had requested the City's financial participation in the Desert Golf institute; he reviewed the memo from Mr. Ortega dated December 17, 1985. MR. RICHARD CODD spoke as Director of Development for College of the Desert and explained how the program would work. Councilman Snyder moved to direct staff to continue working with College of the Desert in assessing the overall plan for the Desert Golf Institute and determining what funds will be available and the ability of the College to repay any funding. Motion was seconded by Benson and carried by a 4-1 vote, with Councilmember Jackson ABSENT. G. RECOMMENDATION ON NORTH SPHERE SPECIFIC PLAN. Mr. Altman made a brief presentation to the Council and noted that the City would be obtaining a proposal from an economic consultant. He added that no action by the Council was necessary at this time. XII. CONTINUED BUSINESS None XIII. OLD BUSINESS A. AWARD OF CONTRACT FOR PROJECT MANAGEMENT FOR HIGHWAY 111 WIDENING. Mr. Altman stated that there was a memo in the packets and offered to answer any questions. Councilman Snyder moved to, by Minute Motion, authorize the Mayor to execute a contract to retain the firm of Neste, Brudin 8 Stone, Inc., to provide project management for the Highway 111 widening between El Paseo and Bob Hope Drive. Motion was seconded by Benson and carried by unanimous vote of the Council. B. RECOMMENDATION FROM EL PASEO COMMERCIAL COMMITTEE. Mr. Altman reviewed the staff report and offered to answer any questions. 7 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to, by Minute Motion, authorize the formulation of a core commercial area specific plan as outlined in its report and in the interim consider projects (such as Sunlodge rezoning) on a case -by -case basis. Motion was seconded by Jackson and carried by unanimous vote of the Council. C. AWARD OF CONTRACT for Portola Fire Station Construction Contract (No. 1098). Mr. Altman noted that there was a staff report in the packets and offered to answer any questions. Mr. Ortega added that the additional $135,000 requested was for street work and undergrounding. Councilman Snyder moved to, by Minute Motion, award the Portola Fire Station Construction Contract (No. 1098) in the amount of $599,999.00 to Roberts Construction Company and appropriate additional funds in the amount of $135,000 from the City Fire Facilities Fee Account and New Construction Tax Fund as outlined in the staff report. Motion was seconded by Benson and carried by unanimous vote of the Council. XIV. INFORMATIONAL ITEMS THIS IS THE TIME AND PLACE FOR THE CITY MANAGER AND DEPARTMENT HEADS TO PRESENT INFORMATIONAL ITEMS TO THE CITY COUNCIL. THESE ITEMS MAY REQUIRE INFORMAL DIRECTION FROM THE CITY COUNCIL OR MAY BE JUST FOR THE PURPOSE OF KEEPING THE MEMBERS INFORMED OF ACTIVITIES OR PROJECTS WITHIN THE CITY. A. Portola Storm Drain Project management agreement. Mr. Altman reported that this would be discussed during the Redevelopment Agency meeting. B. Drought Tolerant Plant Task Force report. Mayor Kelly reported that the members of this task force were himself, Mr. Altman, Mr. Folkers, Gilbert Ramirez of the Public Works Department, and Ron Gregory, Chairman of the City's Architectural Review Committee. They had recently returned from a trip to Arizona, where they had found that drought tolerant medians cost approximately 50% less to maintain than grass and that the maintenance could be done with chemicals once a year. Mr. Gregory showed slides of the areas in Arizona which the task force had visited and stated that he had submit- ted to the City a proposal to do a conceptual plan for drought tolerant landscaping in the City. Councilmember Benson moved to accept Mr. Gregory's proposal in an amount not to exceed $1,500.00 and direct staff to proceed with a Pilot program for drought tolerant medians on Fred Waring Drive from Monterey to Town Center Way. Motion was seconded by Wilson and carried by unanimous vote. C. Discussion of proposed Town Hall meeting. Mr. Altman reviewed the report in the packets and sug- gested that Town Hall meetings be held once a year. He added that this year's meeting would take place on February 6th at 7:00 p.m., with an open house and tour of the Civic Center at 6:00 p.m. 8 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • • . • • • • • . . • • • • • • • • • • • • • • • XV. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL BY JOHN TURNER TO A DECISION OF THE PALM DESERT PLANNING COMMISSION DENYING A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED RESIDENTIAL, 5 DWELLING UNITS PER ACRE) TO AHDPR-18 (AFFORDABLE HIGH DENSITY PLANNED RESIDENTIAL, 18 DWELLING UNITS PER ACRE), PRECISE PLAN OF DESIGN TO ALLOW 80 RESIDENTIAL UNITS ON 4.85 ACRES ON THE NORTH SIDE OF MAGNESIA FALLS DRIVE, 676 FEET EAST OF PORTOLA AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO (JOHN M. TURNER, APPLICANT). CASE NO. C/Z 85-10 AND PP 85-31 Mayor Kelly declared the public hearing open, and asked for staff's report. Mr. Smith reviewed the staff report in detail and offered to answer any questions. Mayor Kelly invited input in FAVOR of this project. MR. JEFF ROBERTS, 1453 Browning, Fresno, spoke on behalf of John Turner. He circulated photos of another develop- ment by Mr. Turner which he felt demonstrated the quality of the proposed project for Palm Desert. He outlined how the project would be built, noting that there would be two-story buildings with eight units in each building. He added that it would not be a for sale project and that there would be on -site management. Mayor Kelly invited input in OPPOSITION to this project. The following people were opposed to the project due to the high density, increased traffic, and incompatibility with the existing neighborhood: MR. ED MALONEY, 385 Via Osono, Palm Desert MR. JOHN MARSHALL, 43-200 Rutledge. Palm Desert MR. TIM JOHNSON, 43-101 Portola, Palm Desert MS. CATHY COTTON, 43-120 Rutledge, Palm Desert MR. LARRY CHANK, 43-270 Rutledge, Palm Desert Councilman Wilson asked the applicant if staff had indicated serious concern with approval of additional high density when this project was first started. Mr. Roberts responded that staff had made it clear that the City was concerned with the number of high density projects recently approved and constructed. Mayor Kelly declared the public hearing closed. Councilmembers Jackson, Benson, and Wilson each stated they were concerned with the high density and two-story configuration. Upon question by Councilmember Jackson, Mr. Erwin res- ponded that if the Council denied the appeal without prejudice, the developer could return within a year for approval with a revised project; otherwise, he could not refile for a year. Councilman Wilson moved to waive further reading and adopt Resolution No. 85-135 denying C/Z 85-10 and PP 85-31 without prejudice. Motion was seconded by Benson and carried by unanimous vote of the Council. 9 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • / • • • • • • • • • • • • • • • • • • • • • • • • B. REQUEST FOR APPROVAL OF AN 18 MONTH TIME EXTENSION FOR A TENTATIVE TRACT MAP, DEVELOPMENT PLAN AND PRELIMINARY DESIGN REVIEW CASE FOR 156 RESIDENTIAL CONDOMINIUM UNITS ON 34 ACRES iN THE PR-5 S.P. ZONE AT THE NORTHEAST CORNER OF HOVLEY LANE AND COOK STREET (CIRCLE Z INC./J.M. PETERS CO., AND "ORSE CONSULTING GROUP, APPLICANTS). CASE NO. TT 16133, DP 04-80, AND 204 MF Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Smith reviewed the staff report in detail, noting that the applicant had recently gone to the Public Works Department to finalize the first phase of the project. He added that although the Planning Commission recommended denial of this request for an 18-month time extension, staff recommended it be granted. Mr. Erwin reminded the Council that if a request for extension of time is filed before the time runs out, the applicant can prepare, submit, and process a final map on a portion of the project. He stated that the first action before the Council was the appeal, while the second action would be approval of the final tract map for the first phase. Mayor Kelly invited input in FAVOR of this request. MR. MICHAEL ZAPARA, Circle Z. Inc., 73-700 Highway 111, Palm Desert, stated that he had received a commitment from a lender for funding and had, therefore, requested approval of the final tract map for Tract 16133-1. Upon question by Councilman Wilson, Mr. Zapara responded that he had just become involved with the project a year earlier and did not know the reasons for the delay. Mayor Kelly invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilmember Jackson stated she felt the reasons for the delay were obviously due to the high interest rates from 1 980- 1 983 , which would make funding of this type of project very difficult. She also felt that it would be unfair to deny the developer the extension of time because of conditions beyond his control. Councilmember Jackson moved to waive further reading and adopt Resolution No. 85-136, approving the 18-month extension of time. Motion was seconded by Wilson and carried by unanimous vote of the Council. Councilmember Jackson moved to waive further reading and adopt Resolution No. 85-137, approving the final subdivision map of Tract 16133-1 and the agreement relating thereto. Motion was seconded by Benson and carried by unanimous vote of the Council. C. CONSIDERATION OF AMENDMENT TO OFFICE PROFESSIONAL STAN- DARDS RELATIVE TO BUILDING HEIGHT, COVERAGE AND SETBACKS. Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Drell reviewed the staff report in detail and offered to answer any questions. 10 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly invited input in FAVOR of this amendment. MR. RICK HOLDEN, 44-615 Santa Margarita, asked how the building heights are measured and felt they should be measured from the existing pad and not the curb. Mr. Folkers responded that he felt this was something which should be reviewed more in-depth by the Public Works Department and Planning Department. Mayor Kelly invited input in OPPOSITION to this amendment. MR. CHARLES MARTIN, 73-725 El Paseo, stated he felt the amendment was too restrictive and that the Planning Commission and Architectural Review Commission could control building heights, coverage and setbacks without these restrictions. He added that he felt the ordinance should be thoroughly reviewed. Mayor Kelly declared the public hearing closed. Councilmember Jackson stated she was opposed to adopting an ordinance such as this without further study by staff and the Planning Commission. Councilmember Benson stated she was in favor of the passage of this ordinance but was concerned with all O.P. zoning. Councilmember Benson moved to waive further reading and pass Ordinance No. 449 to second reading and direct staff to clarify Section D of Exhibit "A" relative to measuring building heights. Motion was seconded by Snyder and carried by a 4-1 vote of the Council, with Councilmember Jackson voting NO. D. 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 meetings of September 12, 1985, October 10, 1985. and December 12, 1985). Mayor Kelly noted that this was a continued public hearing and asked for staff's report. Mr. Drell reviewed the staff report in detail and offered to answer any questions. He added that the Planning Commission had recommended that a policy be added to the Palma Village Specific Plan requiring at least a 45 foot setback in this area. Mayor Kelly invited input in FAVOR of this request. MR. CHARLES MARTIN, 73--725 El Paseo, spoke on behalf of his client, Art Moss. He felt Mr. Moss would want show the Council how the plan would work. Mayor Kelly invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Mr. Erwin advised the Council that the purpose of this public hearing was to consider a change of zone. However. the Council might also wish to deal with the second recommendation of the Planning Commission relative to the 45 foot setback requirement. 11 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to waive further reading and pass Ordinance No. 431 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. Councilman Snyder moved to refer the matter of the 45 foot ---track requirement to the Planning Commission for additional study and recommendation to the Council. Motion was seconded by Jackson and carried by unanimous vote of the Council. E. REQUEST FOR APPROVAL OF CHANGES OF ZONE IMPLEMENTING THE PALMA VILLAGE SPECIFIC PLAN FROM R-3 (4), ONE UNIT PER 4,000 SQUARE FEET AND R-1 TO A DUAL DESIGNATION OF R-3, ONE UNIT PER 2,500 SQUARE FEET AND OP, OFFICE PROFESSIONAL FOR THE FIRST TWO LOTS ON THE NORTH SIDE OF ALESSANDRO DRIVE BETWEEN SAN CARLOS AND PORTOLA AVENUE AND A CHANGE FROM R-1 TO R-2 FOR THE TRIANGULAR BLOCK BOUNDED BY PORTOLA AVENUE AND SAN JACINTO AVENUE. Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Drell reviewed the staff report in detail, noting that a petition had been received from property owners and residents in the area opposing the entire proposal. Mayor Kelly invited input in FAVOR of this request. MR. ROBERT EMPKIE, 74-704 Peppertree, stated he would like to see the triangular block of land rezoned R-2 and developed so that it does not stay vacant. Mayor Kelly invited input in OPPOSITION to this request. The following people were opposed to the changes of zone because of parking problems and traffic congestion: MR. ERIC BALSER, 44-750 San Pascual, Palm Desert MS. LOUISE KRAUSE, 44-630 Portola Avenue, Palm Desert MS. BARBARA HAYWORTH, 73-691 DeAnza Way, Palm Desert Mayor Kelly declared the public hearing closed. Councilmember Jackson stated she felt the Council had no alternative but to accept the Palma Village Specific Plan and implement these changes. Councilmember Benson stated that she would prefer leaving the zoning as it currently is and that it was not expected that everything would happen overnight when the Palma Village Specific Plan was approved. Councilman Snyder suggested that this be considered on an individual property basis rather than taking the entire area. Mr. Drell responded that the City had previously been criticized because zoning was not changed until proposed projects were brought in. Councilman Wilson stated he agreed with comments of the other Councilmembers. He added that he had voted against the Palma Village Specific Plan because of the impact on people who are already in that area. He also stated that he would like to see something done to encourage more development but not destroy the surrounding area. 12 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19. 1985 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly stated that he had been in favor of the Palma Village Specific Plan in concept, but it did not mean that he was in favor of all parts of it. He added that plans were under way for the entire core area of Highway III and he felt this should wait until those plans were completed so that property owners and residents in the area would not be affected. Councilmember Benson moved to deny the changes of zone and Ordinance No. 450 and direct staff to come back to the Council with alternative solutions. Motion was seconded by Snyder and carried by unanimous vote of the Council. F. 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. Mayor Kelly declared the public hearing open and asked for staff's report. Mr. Drell reviewed the staff report, noting that on December 12th the Council referred this matter to the Planning Commission for review, comments, and report back to the Council. He added that the Planning Commission, at its December 17th meeting, reversed its previous recommendation by requesting that timeshares not be expanded into the PR zone and should only be permitted in the PC-4 and C-1 zones. Mayor Kelly invited input in FAVOR of this amendment. Mr. Keith Anderson, 41-201 Portola, stated that he did not have an opportunity for rebuttal at the Planning Commission meeting on December 17th. He added that he would like to see timeshares not restricted to the PC-4 and C-1 zones. Mayor Kelly invited input in OPPOSITION to this amendment. MR. JIM LOBLAND, President -Elect of the Board of Realtors, spoke on behalf of Don Durant. developer of Lagos Palmas, which is adjacent to Desert Wolf Lodge. He stated that they were completely against timeshares. MRS. RUTH GRISWOLD, 123 La Cierra Drive, Rancho Mirage, also spoke against any timeshares being permitted. MR. MELVIN GORDON, 72-944 Joshua Tree, stated he did not like the possibility of having 52 different people living next door to him. MR. PAUL MURPHY, 509 Sandpiper, stated he felt the only way the Council could keep unethical people out of Palm Desert would be to do spot zoning. DR. WILLIAM TENNISON, III, 73-318 Juniper, stated he did not feel that timeshares would contribute to the "Haute Spot" image of the City and, instead, would detract from it. He was opposed to timeshares in any residential areas and felt that strict regulations should be placed on timeshares in the current zoning. 13 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly declared the public hearing closed. Councilmember Benson stated she felt the proposed project was commendable but that the Council must consider the desires of the community as a whole and she would, therefore, have to vote against it. Councilmember Jackson stated she felt it would be best to have timeshares in residential zones and include the restrictions in the amendment to the ordinance. Councilman Wilson stated he felt that this type of proposed development under the PR-4 zoning was much more desirable than motel rooms. Councilman Snyder stated he had mixed emotions about this type of development and felt the Council should take a good, long look at timeshares in general. Mayor Kelly agreed with Councilman Snyder and stated he did not feel that timeshares would enhance the community. Councilmember Benson moved to deny timeshares in the PR zone. Motion was seconded by Kelly and carried by a 3-2 vote of the Council, with Councilmembers Jackson and Wilson voting NO. Councilmember Wilson moved to amend Ordinance No. 441 amending the zoning ordinance to establish standards of development for timeshare developments in the PC-4 and commercial zones and approving the filing of a Negative Declaration of Environmental Impact. Motion was seconded by Jackson and carried by unanimous vote of the Council. XVI. ORAL COMMUNICATIONS - B None XV. REPORTS AND REMARKS A. CITY MANAGER 1. FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN Mr. Altman reported that the City of Palm Desert was the last city to sign this agreement and that there had been no major changes since the Council last considered the plan. Councilmember Benson moved to, by Minute Motion, authorize the Mayor to execute the Implementation Agreement for the Fringe -Toed Lizard Habitat Conservation Plan. Motion was seconded by Jackson and carried by unanimous vote of the Council. 2. Mr. Altman requested a Closed Session following the Redevelopment Agency Meeting under Government Code Section 54956.8(a) for the purpose of discussing pending litigation (Beaumont Concrete vs. City of Palm Desert) and property acquisition. 8. CITY ATTORNEY None 14 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. ARCHITECTURAL REVIEW COMMISSION Councilman Wilson stated he felt the Council should honor the two members of the Architectural Review Commission whose terms had recently expired. Mr. Altman responded that this would be done at the meeting of January 9, 1986. 2. NATIONAL LEAGUE OF CITIES SEMINAR Councilmember Benson reported that she had just received a bulletin from the National League of Cities regarding a seminar on responsibilities of elected officials which would be held in Los Angeles on February loth. She added that she would like to attend this seminar. 3. VISITORS FROM SISTER CITY Mayor Kelly stated that a group of dancers and their chaperones would be arriving after Christmas from our Sister City, Gisborne, New Zealand. He added that they would be in Palm Desert from December 28 through January 4 and that they would be staying with various people in the community. 4. Mayor Kelly asked that everyone note the Future Meetings listed on the Agenda. XVI. ADJOURNMENT Councilman Wilson moved to adjourn the City Council meeting at 11:40 p.m. to Closed Session under Government Code Section 54956.8(a) for the purpose of discussion pending litigation (Beaumont Concrete vs. City of Palm Desert) and property acquisition; said Closed Session to immediately follow the Redevelopment Agency meeting. Motion was seconded by Jackson and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 12:30 a.m. and announced the following action: Councilman Snyder moved to direct staff to retain an engi- neering firm to prepare the necessary documents for property acquisition for the Palm Desert High School and direct the City Attorney to begin any eminent domain proceedings necessary. Motion was seconded by Jackson and carried by unanimous vote. Councilmember Wilson moved to authorize staff to investigate the extent of the problems which exist at the Palm Desert Town Center 1/ Fire Station and to take corrective action. Motion was seconded by Benson and carried by unanimous vote. 15 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 19, 1985 . . . . . . . . . . . . . . . . . . * . . . . . . Upon motion by Jackson, second by Wilson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 1 2 : 35 a.m. to 4 : 00 P.M. on January 9, 1986. ATTEST: MARY P. FRIER, DEPUTY Lt I TY CLERK CITY OF PA DESERT, CALIFORNIA RICH . KELLY, MAYOR 16