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HomeMy WebLinkAbout1985-10-24MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, OCTOBER 24, 1985 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Snyder convened the meeting et 7 o.m. [I. PLEDGE OF ALLEGIANCE - Mavor Pro-Temonre Richard S. Kelly [I1. INVOCATION - The Reverend Dean Miller IV. ROLL CALL Present: Councilmember Jean M.Benson Councilmember Phyllis Jackson Mayor Pro-Tem Richard S. Kelly Councilman 5. Roy Wilson Mavor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manaaer David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Kirby Warner, Director of General Services Richard J. Folkers, Director of Public Works Mr. Steve Smith. Associate Planner Mac Brown, Counsel for Assessment District 84-1 V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CHARTER MEMBER CERTIFICATE to Deputy David Florez, Palm Desert Police. Mayor Snyder introduced Deputy Florez who was a charter member of the Palm Desert Police Department but who had worked the night shift and been unable to attend previous meetings where certificates had been presented. He apologized for the City's tardiness in acknowledging him and thanked him for the outstanding work being done by the new department. B. PROCLAMATION Declaring the Month of October, 1985, as "Toastmasters Communications Month". Mayor Snyder announced that this proclamation had been issued and delivered to representatives of Toastmasters in advance of the meeting to accommodate deadlines of that organization. He commended the organization for its outstanding efforts in the community. MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 24, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • C. CONSIDERATION OF APPOiNTMENTS to the Architectural Review Commission to Fiii Vacancies of Expired Terms of Richard Holden and Bernard Leung. With Council concurrence. Mayor Snyder continued discus- sion of these appointments to the meetina of November 14, 1985, to allow Councilmembers an opportunity to interview some of the applicants. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 10. 1985. Rec: Approve as presented. 8. CLAIM _AGAINST THE CITY by Frank Roberts, 118 Trento Circle. Palm Desert. in the Amount of $310.10 for Alleged Damages to His Automobile. Rer: Deny the Claim and instruct the City Clerk to so advise the Claimant. C. RESOLUTION NO. 85- 1 1 1 - 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 8 SAFETY THAT HAVE BEEN M! c PnF 1! M E D. kPr: Waive further reading and adopt. D . P�F SOL UT I ON NO. 85- 1 1 2 - 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 1985-86 FISCAL YEAR. Rec: Waive further reading and adopt. E. FISCAL YEAR 1985-86 AUDIT REPORT for the City of Palm Desert, California. Rec: Receive and file. F. RE(311.ES_T__FOR_ APPROPR_i__A_TI.O_N for City Council and Planning Commission Salaries. Rec: By Minute Motion. authorize appropriations of $F,,00f to Account No. 01-4100-101 and $2.700 to Account No. 01-4700-105 from the Unobligated General Fund Balance. G. RESOLUTION NO.__ 85 _11 3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA. AMENDING RESOLU- TiON NOS. 82-160 AND 83-84 RELATING TO THE ORGANIZATION. OBJECTIVES. AND RESPONSIBILITIES OF THE ADVERTISING 8 PROMOTION COMMITTEE. Rer: Waive further reading and adopt. H. REQUEST'_FOR VACATION OF STREET RIGHT-OF-WAY_ ON SONORA DRIVE. Per: Waive further reading and adopt Resolution No. 85-1.14. initiating proceedings and fixing a time and place for hearing all persons inter- ested or obiecting to proposed vacation. 2 MINUTES REGULAR CiTY COUNCIL MEETING OCTOBER 24. 1985 : • • . • • * • . ■ * . . . . . . * * • . ■ . r • I. REQUEST FOR AWARD OF BIO for Front Deck Riding Mower. Rec: By Minute Motion. award the bid for a new front deck ridina mower to Toro Pacific Eauioment. J. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS for Homestead Road/Alamo Drive Storm Drain (Contract No. 1047). Rec: By Minute Motion. authorize the City Clerk to advertise and call for bids for Contract No. 1047. K. REQUEST FOR AUTHORIZATION TO CALL FOR BIOS for Joshua Road Storm Drain - Phase 2 (Contract No. 1083). Rec: By Minute Motion. authorize the City Clerk to advertise and call for bids for Contract No. 1083. L. RESOLUTION NO. 851.115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA. ADOPTING THE ICMA DEFERRED COMPENSATION PLAN FOR THE CiTY OF PALM DESERT. Rec: Waive further reading and adopt. M. RESOLUTION NO. 857_116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CAIIFORNiA. AUTHORIZING THE F i l ING OF A CLAIM FOR RIVERSIDE COUNTY SR 821 FUNDS FOR THE PURPOSE OF CONSTRI)CTiNG A BICYCLE PATH. Rec: Waive further reading and adept. N. REQUEST FOR AUTHORIZATION TO CALL.__FO_R_, BID_S for Construr- tlon of the Portola Fire Station. Rec: By Minute Motion. authorize the City Clerk to advertise and call for construction bids on the Portola Fire Station as soon as title for the property is transferred to the City. Upon motion by Jackson. second by Benson. the Consent Calendar was approved as Presented by unanimous vote. VII. ORAL COMMUNICATIONS - A None VIII. PUBLIC HEARINGS A. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE PERMITTING TIMESHARE DEVELOPMENTS IN THE PR ZONE AND ESTABLISHING STANDARDS OF DEVELOPMENT THEREFORE. CASE NO. ZOA Mayor Snyder declared the Public Hearing open and asked for staff's report. Mr. Phil Drell reviewed staff's report noting that ti�is use was currently permitted only in PC4 zones or those zoned for hotels and restaurants on Highway 111. The proposed amendment would extend this use into planned residential zones such as country clubs and projects such as the Marriott Hotel with aooroval of conditional use Permits. He noted that the existing ordinance showed concern about the type of regulation in the industry. 3 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 24, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • However. since its adoption, the California Department of Real Estate and the Commissioner of Real Estate have taken over control and regulation of this industry with what staff felt to be positive results. He noted that for timeshare development to be approved in the designated zone, the following conditions would have to be met: 1. The density of the project shall not exceed the denisty permitted in the zone for residential projects. 2. The timeshare development must comply with all development standards for residential projects in the PR zone. 3. The entire development (all units within the project) must be timeshare units. 4. The project must be a "fee ownership" timeshare. 5. All maintenance agreements and CCSR's must be approved by the City of Palm Desert. 6. The minimum time share unit shall be for one week (7 days). In conclusion, Mr. Drell stated that the amendment would allow applicants the ab i 1 i l ty to apply to convert or to build new projects, and each case would be reviewed individually as to compatability, design, and overall development standards. Mayor Snyder invited input in FAVOR of the request. and the following spoke: MR. KEITH ANDFRSON. 41-201 Portola Avenue. spoke as the developer of Desert Wolf Lodge and stating that hP had been approached by several individuals interested in his development becoming timeshare units. He favored it subject to the conditions as outlined by staff. He noted that most country clubs currently operated as timeshare units now with their rental units many of which were Priced at $245 per day and up. He said that Palm Springs had 24 timeshare developments with very few complaints and that this type of development enabled individuals to buy a vacation unit when they could not afford a second home. He felt that this type of development would generate revenue for the city. Mr. Anderson also noted that timeshare units are now rated by highly respected organizations and that large companies such as Disneyland and ITT were investing in timeshare developments. MR. WILLIAM BONNER. Broker/Owner of George Elkins Realty spoke in support of the comments made by Mr. Anderson and in favor of the amendment. Mayor Snyder invited testimony in OPPOSITION to the amendment, and the following spoke: MR. SHERMAN CURTIS. resident of Palm Desert, spoke as a retired loan officer for a maior mortgage company. He stated he felt timeshares were a mistake. that a good majority of them went bankrupt. He stated numerous problems in the operation of timeshare units that he felt made them unfeasible for Palm Desert. He asked that Council deny the amendment and insure the quality of the city. MR. JIM L()BI ANC. Incoming President of the Palm Desert Board of Realtors. spoke against timeshares from personal experience with a unit he owned in Palm Springs. He said 4 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 24, 1985 • • • • • • a • * • • • • • a a • a • • • • • • a they were most often poorly maintained, that owners had to pay for extras dealing with upkeep. and that management of this type of unit was poor. He encouraged Council's denial of the amendment. MR. ANDERSON offered rebuttal to the opposition by stating that the proposed amendments protected the City of Paim Desert with the conditions it imposed before this type of development could be approved. He stated that companies such as ITT and Disneyland would not be getting involved in this industry unless it had cleaned up its act. Mayor Snyder declared the Public Hearing closed. Councilmember Benson asked if a maximum number of time- share units in the City could be established in the ordinance. Mr. Erwin responded that it could be estab- lished as a policy and enforced through the CUP approval process. She then asked if Council approved a specific number in a five-year period. then others beyond that number would not be eligible for approval. Mr. Erwin responded that that would be more difficult because Council would have to prepare and adopt a growth policy for its zoning ordinance and provide findings and justifi- cation for that policy. Ms. Benson asked whether or not the approval process could require that the proiect have a rating from one of the organizations mentioned by Mr. Anderson. Mr. Erwin responded that he did not know what standards those organizations used to rate the units, and he would prefer reviewing the criteria used and having Council adopt it as its own. Councilman Kelly stated his main concern for this type of development was that it placed demand for services on the City such as police, fire, streets, etc. and yet because no transient occupancy tax can be collected, it does not generate revenue to pay for the service demand. He noted that with hotels, a tax was collected and could be used to mitigate these problems. Councilmember Jackson stated we already had timeshare units; they just aren't called timeshare. She said that most all of the country clubs have rental units and Shadow Mountain Country Club had timeshare units under the existing ordinance. She felt the expansion of this use into the hotel zones would be a good decision, and the Conditional Use Permit approval offered the City adequate protection. Councilman Wilson asked what protection the City had against the concerns raised about poor management, deteriorating conditions, foreclosures and bankruptcy. Mr. Drell responded that the approval process offered these protections in that it must be a quality project, and it must be maintained as originally approved. He said that maintenance bonds are required and that when it comes to the City's attention that a project is not, we can step in and correct it using monies provided by the bond. Such a case would also be a violation of the zoning ordinance. and the CUP could be revoked. Councilman Wilson stated that while he felt the amendment was not inconsistent with the proposed zoning, he was 5 MINUTES REGULAR CITY COUNCIL MEETING • • • • • • • • • • • • OCTOBER 24, 1985 • • • • • • • • • • • • • uncomfortable about some of the concerns raised and whether the City could mitigate them if they were to become problems. He felt Councilman Kelly's point was a good one in that TOT is collected from hotels and in essence, they pay their own way which would not be the r case with timeshare units. However, our main industry is tourism, and timeshare is a way of encouraging and /- Promoting this industry. His concern was whether or not the City could control the quality and control the standards so that what is built is at the level of quality the City has set. He did not feel that the amendment protected the City if a project went bad financially. He said he would feel better with assurance from the City Attorney that what had been proposed had as much control as possible. Councilmember Benson asked that staff investigate condi- tions that could be imposed relative to units that were to be converted to timeshare. She noted that small motel units might want to convert to timeshares and that a minimum number of units should be established along with unit size, etc. Councilman Kelly asked whether or not the two -week owner would be entitled to the same privileges as other owners in the City. Councilmember Jackson moved to continue the item to the adjourned meeting of December 5, 1985, to allow staff and the City Attorney time to investigate and respond to concerns raised. Councilmember Benson I seconded the motion. Motion carried by unanimous vote. IX. RESOLUTIONS None X. ORDINANCES For Introduction: A. ORDINANCE NO. 429 - 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, OF THE CITY CODES PERTAINING TO TEMPORARY DANCE AND TEMPORARY ENTERTAINMENT PERMITS. (Continued from the meeting of July 11, 1985.) Mr. Altman asked for Counci 1's continuance of this ordinance to allow time for input from the Police Advisory Committee. Upon motion by Wilson, second by Jackson, Ordinance No. 429 was continued to the adjourned meeting of December 19, 1985, by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 440 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.36.010 OF THE MUNICIPAL CODE RELATIVE TO FEES FOR SUBDIVISION PROCESSING. Upon motion by Kelly, second by Benson, Ordinance No. 440 was adopted by unanimous vote of the Council. 6 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 24, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • 8. ORDINANCE NO. 433 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT CREATING THE SENIOR HOUSING OVERLAY ZONE. CASE NO. ZOA 85-3. Upon motion by Jackson, second by Kelly, Ordinance No. 433 was adopted by unanimous vote of the Council. XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS A. UPDATE ON POLICE ADVISORY COMMITTEE MEETING. Mr. Altman stated that Council had received an oral report from Deputy Charles 8ranscum during Study Session which outlined the new school program being implemented by the Palm Desert Police wherein our strike team will be "adopting a school" and working with the students. This is an attempt to let children become familiar with their officers and to learn what the police are responsible for. XIII. CONTINUED BUSINESS A. CONSIDERATION OF VARIOUS ACTIONS REQUIRED IN ASSESSMENT DISTRICT 84-1 PROCEEDINGS (Continued from the Meeting of OCTOBER 10, 1985). Mr. Mac Brown stated that these resolutions had been continued from the previous meet i nn to allow staff time to negotiate with owners. He offered to answer any questions Council might have. Councilman Kelly moved to waive further reading and adopt Resolution Nos. 85-106, 107, 108, and 109. Councilmember Jackson seconded the motion. Motion carried by unanimous vote. XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. RESOLUTION NO. 85-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN OFFICIAL STATEMENT FOR ASSESSMENT DISTRICT 83-1. Upon motion by Wilson, second by Jackson, Resolution No. 85-118 was adopted by unanimous vote of the City Council. 2. USE OF FACILITIES Mr. Altman stated that staff had reported on this in Study Session and recommended that a $30 an hour fee be charged for use of rooms on weekends or after normal hours of operation. He said that the guide- 7 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 24, 1985 • • • • • • a • • a • • * • • a • • a • a a a a a lines delegated that authority to the City Manager but he would like Council concurrence. Councilman Wilson moved to concur with staff's report, and Council - member Jackson seconded the motion. Motion carried by unanimous vote. 3. KELLY ORDINANCE Mr. Altman passed out a report on the subject asking Council to read it prior to the next Study Session when it would be discussed. 4. PALMA VILLAGE GREENBELT Councilman Wilson stated that the subcommittee had met and learned that the Planning Commission had continued an item dealing with the Newman Center approval to get an answer from the City Council as to when the City was going to become involved financially and whether or not they should look at this proiect individually or as a part of the whole greenbelt area. He said the Commission needed an answer by November 19th and that the Newman Center property was in escrow contingent upon City approval. He felt Council should make a decision at fts next meeting and give direction to the Planning Commis- sion. Mayor Snyder stated he would be reluctant to start using Redevelopment funds hastily inasmuch as many good projects stood in line for this. Councilman Wilson agreed and stated he was not ready to put Redevelopment money into the Palma Village greenbelt at this time, but Council needed to make that decision so that the applicant could move forward with his project. Staff was directed by Council to make a report and recommen- dation on this at the next Council meeting. 4. LIABILITY INSURANCE Mr. Altman reported that the City's cutoff date for insurance was December 4th, and a staff committee was working on the problem daily. This committee had established November 4th as the cutoff date for finding coverage and the worst case would be that the City would be stuck for an extra month of premiums. 5. ELEPHANT BAR RESTAURANT Mr. Altman stated that this restaurant had been approved by the City Council but since that approval, the owner had come in with revisions to the plans that he felt were minimal. Because of Council's original concern, however, staff felt the owner should present these changes for additional approval of the Council. Steve Smith explained the revisions to the patio area of the restaurant which originally was 1,500 sq. ft. He said that the approval also included a 350 sq. ft patio area in the front of the restaurant which the owner had now decided not to use and was adding to the back patio. The question before 8 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 24, 1985 • • + + + • + * + * • • • • • • • • • • • • • • • Council was whether or not this was deemed a signi- ficant change and if so, should it go to the Planning_ Commission for review and consideration. MR. LYMAN MARTIN, owner of the Elephant Bar, stated that since he was not using the front area he was entitled to add this footage to the back patio. He stated that he had approached staff about it prior to having his plans revised and had been advised that the change was insignificant and permissible. The City Council unanimously concurred that the project should be reviewed by the Planning Commission and if that body approved it, the matter should be sent on to the Architectural Review Commission for its consideration. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Mayor Snyder asked that everyone note the future meetings listed on the agenda. XVII. ADJOURNMENT Upon motion by Wilson, second by Benson, and unanimous vote of the Council, Mavor Snyder adiourned the meeting at 9:00 p.m. to Closed Session in accordance with Section 56956.9(b) of the Government Code for the purpose of discussing litigation. Mavor Snyder reconvened the meeting at 9:45 p.m. and immediately adjourned with no action taken by the City Council in Closed Session. ATTEST: SHEILA R. GI IGAN, CI,T CLERK CITY OF PALk DESERT.,C LIFORNIA WALTER H. SNYDER ✓ MAYOR 9