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HomeMy WebLinkAbout1985-09-12MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 CIVIC CENTER COUNCIL CHAMBER * * • * • * * * * * * * * * * * 1. CALL TO ORDER Mayor Snyder called the meeting to order at 7:00 p.m. ii. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean Benson Councilmember Phyllis Jackson Mayor Pro-Tempore Richard S. Kelly Councilmember S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Richard J. Folkers, Director of Public Works Ramon A. Diaz, Director of Environmental Services Kirby J. Warner, Director of General Services V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF TWO COMMISSIONERS to the Architectural Review Commission to Fill the Vacancies Created by the Expiration of Terms of Richard Holden and Bernard Leung. Mayor Snyder stated that this matter would be continued to the meeting of September 26, 1985, in order to allow time for the City Clerk to issue a press release and receive applications for persons interested in serving on this commis- sion. Council concurred. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 8, 1985. Rec: Approve as presented. 8. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-018, 86-019, 86-020, 86-021, 86-024, 86-025, and 86-026. Rec: Approve as presented. MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chris -Linda, Inc. for Rockwell's, 73-705 El Paseo, #30B, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Carl T. F. Kao, for Carl's Desert Cafe, 73-890 El Paseo, #R-8, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gilberte and Jean Dumont for The French Quarter, 74-155 El Paseo, Palm Desert. Rec: Receive and file. F. REVENUE AND EXPENDITURE REPORT for Period Ending June 30, 1985. Rec: Receive and file. G. REPORT FROM RIVERSIDE COUNTY SHERIFF'S DEPARTMENT for Month ending July 31, 1985. Rec: Receive and file. H. RESOLUTION NO. 85-88 - 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. I. RESOLUTION NO. 85-89 - 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. J. RESOLUTION NO. 85-90, - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF REVENUE RECORDS FROM THE CODE COMPLIANCE DEPARTMENT THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. K. REQUEST FOR APPROVAL of Refund of Plan Check Fees in the Amount of $619.58, Dan Russie, Applicant. Rec: By Minute Motion, approve the request and authorize the Director of General Services to issue a refund in the amount of $619.58 from prior year's revenues. 2 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 . . . . . . . . . . . . . * . . . * . * . . . . . L. REQUEST FOR APPROVAL of Refund of Demolition Bond in the Amount of $500.00, Frank Goodman and Associates, Appli- cant. Rec: By Minute Motion, approve the request and authorize the Director of General Services to issue a refund in the amount of $500.00 from prior year's revenues. M. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. 1088, Paul Gardner Corporation, for Traffic Signal Modifications at Fred Waring Drive/Portola Avenue. Rec: By Minute Motion, ratify the Change Order. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1078 - 1983-84 Street Overlay and Reconstruction Project. Rec: By Minute Motion, accept the work for Contract No. 1078 as complete and authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. 0. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1060 - Traffic Signal at Fred Waring Drive/Monterey Avenue. Rec: By Minute Motion, accept the work for Contract No. 1060 as complete and authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. P. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for a Front Deck Riding Mower. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the purchase of a front deck riding mower. Q RESOLUTION NO. 85-91 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO VACATE PORTIONS OF RIGHT-OF-WAY KNOWN AS DEEP CANYON ROAD 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 THE PROPOSED VACATION. Rec: Adopt Resolution No. 85-91, setting a public hearing for consideration of this vacation request. R. REQUEST FOR ADDITIONAL FUNDING ASSISTANCE BY THE FAMILY YMCA/YOUTH CENTER. Rec: Approve the appropriation of $15,000 additional funding for the Family YMCA/Youth Center. 3 MINUTES REGULAR CITY COUNCIL MEETING • • • • • • • • • • SEPTEMBER 12. 1985 • • • • • • • • • • • • • • • S. REQUEST FOR APPROVAL TO RETURN $13,521.13 TO THE COVE COMMUNITIES SENIORS ASSOCIATION TO COMPLETE LANDSCAPING AND FURNISHING NEEDS OF THE JOSLYN COVE COMMUNITIES SENIOR CENTER. Rec: By Minute Motion, authorize staff to return $10,000 to the Cove Communities Seniors Associa- tion at this time, with the balance of $3,521.13 to be held by the City until all litigation and insurance matters are settled regarding the Robert Jacobs construction contract. T. REQUEST FOR APPROVAL OF AGREEMENT WITH THE COACHELLA VALLEY WATER DISTRICT FOR WATER AND SEWER FACILITIES IN CONNECTION WITH THE NORTH SPHERE ASSESSMENT DISTRICT NO. 84-1. Rec: By Minute Motion, authorize the execution of an agreement with Coachella Valley Water District for installation, conveyance, maintenance, and operation of improvements for the North Sphere Assessment District No. 84-1. U. REQUEST FOR APPROVAL OF APPROPRIATION OF FUNDS FOR STREET SWEEPER. Rec: By Minute Motion, authorize the appropriation of $17,624 from the General Fund to Account No. 4504-406 for the monthly payments on the rental/purchase agreement for the mechanical street sweeper. Upon motion by Jackson, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. VIII. ORAL COMMUNICATIONS - A None PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF ENGINEER'S REPORT AND CONFIRMATION OF NORTH SPHERE ASSESSMENT DISTRICT NO. 84-1. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Folkers introduced John Sanborn and Mac Brown, engineer and counsel for District 84-1, respectively. He added that recent meetings indicated that there was a minimum of concern relative to this district. Mr. Mac Brown stated that there were actually two public hearings at this time: 1) proceedings in the formation of the assessment district; and 2) necessity for eminent domain proceedings. He indicated that a map was posted in the Chamber which showed the rights -of -way that needed to be acquired. He recommended that the eminent domain hearing be continued to the meeting of October 10, 1985, to allow staff additional time to negotiate for the rights -of -way. He reported that construction bids had been received for works of improvement and that all 4 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 * * * * * * * * * * * * * * * * * * * * * * * * * property owners had been advised of their individual assessment amounts in writing. Based on the construction bids received, It was recommended that all of those assessment amounts be reduced. Mr. Brown added that the assessment amounts would be based on the benefits received per property. Mr. John Sanborn stated that bids had been received and opened on August 29, 1985, and that the low bidder was Massey Sand & Rock. Based on the bids received, the original assessments had been reduced by 6%. He added that to date, 4.46% written protest had been received for the entire area. He concluded his report by offering to answer any questions. Mayor Snyder invited input in OPPOSITION to this assessment district. MR. STEVE SINDONI, 73-941 Highway 111, stated that he represented Santa Rosa Country Club which owns 82 acres within the assessment district. He read a prepared statement of protest (attached hereto and made a part hereof as Exhibit "A") and stated that he had filed it with the City Clerk's office that morning. Mayor Snyder responded that the engineer and staff would continue to work with Mr. Sindoni and Santa Rosa Country Club to try to resolve the issues raised in the statement. Mr. Sanborn responded to several of the items of Mr. Sindoni's protest letter: - County contributions wi 1 l not cover any portion of government owned land; the City's share will. - The assessments were spread based on highest and best use of the property, and zoning of the land at that time whether vacant or developed. Although Santa Rosa Country Club is currently a golf course, it is zoned to allow three units per acre, and the assess- ment is based on that use. Although Santa Rosa Country Club does receive its water through Palm Desert Greens, it will receive benefits from the new facilities on Portola and Frank Sinatra. Mr. Sanborn added that he was sure the Fire Marshal would require that a new source of water be brought in if Santa Rosa were to develop the land even just for a new clubhouse. He recommended that the assessment amount for this property be reduced by $12,102.00 based on the fact that they do now have sewer and water service. MR. WARREN DIEHLS, 39-426 Morongo Canyon, stated he did not feel that the cost of the assessments had been spread properly. Mayor Snyder responded that the engineer and bond counsel would meet with Mr. Diehis to discuss the breakdown. Mayor Snyder invited input in FAVOR of the assessment district. MS. JOAN SIEGEL, 10501 Wilshire Boulevard, Los Angeles, stated that she owned 10 acres off Portola Avenue and 5 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 * * * • • • . * • * . • . * . * * * • • . . * • • asked if the assessment amount for her property was figured differently than for the property on Portola Avenue. She also asked whether the reduced amount for Santa Rosa Country Club would be spread out to the rest of the district. Mr. Sanborn responded that the $12,102.00 would not be spread over the rest of the district. As far as her other question, external or street side properties were assessed $35,000 per parcel vs. $12,000 per parcel for her land. MS. VIOLA FRAZIER, 2422 Viola Avenue, San Diego, stated that she owned five acres of land on Frank Sinatra and was assessed $78,000. She asked whether or not they would have access to the property from Frank Sinatra. Mr. Sanborn confirmed that there would be access from Frank Sinatra. Mr. Brown advised that discussions with Mr. Sindoni during the meeting had yielded an agreement whereby a 20-year deed restriction would be placed on Santa Rosa Country Club preventing it from converting to any other use other than open space and with such agreement, other adjustments could be made to its assessment. He recom- mended that this agreement be executed within 30 days. Mayor Snyder declared the public hearing closed. Mr. Brown stated that the final count of written protests was 4.46%. He advised that if the Council wished to proceed, he recommended that Resolution Nos. 85-92, 85-93, 85-94, and 85-95 be adopted and that the eminent domain proceedings be continued to the Council meeting of October 10, 1985. Councilmember Jackson moved to adopt Resolution No. 85-92, ordering certain changes and modifications to the engineer's "report" in a special assessment district. Motion was seconded by Kelly and carried by unanimous vote of the Council. Councilman Kelly moved to adopt Resolution No. 85-93, over- ruling and denying protests and making certain findings in a special assessment district. Motion was seconded by Jackson and carried by unanimous vote of the Council. Councilman Kelly moved to adopt Resolution No. 85-94, approving and providing for contribution to pay certain costs and expenses in an assessment district. Motion was seconded by Jackson and carried by unanimous vote of the Council. Councilman Kelly moved to adopt Resolution No. 85-95, and con- firming the assessment as modified by Mac Brown, ordering the improvements made, together with appurtenances, and approving the engineer's "report" as modified by Mac Brown to include the new provisions for Santa Rosa Country Club. Motion was seconded by Jackson and carried by unanimous vote of the Council. Councilman Wilson moved to continue the public hearing relative to eminent domain proceedings to the meeting of October 10, 1985. Motion was seconded by Jackson and carried by unanimous vote of the Council. 6 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • B. CONSIDERATION OF EMINENT DOMAIN PROCEEDINGS FOR ASSESSMENT DISTRICT NO. 83-1 (Continued from meeting of August 8, 1985.) Mayor Snyder noted that this was a continued public hearing and asked for staff's report. MR. MAC BROWN, Bond Counsel for the assessment district, reported that at the August 8, 1985, meeting Council had confirmed the assessments and ordered the improvements but that the eminent domain proceedings were continued to allow staff time to negotiate for rights -of -way. MR. JOE KICAK, engineer for the district, stated that a total of 28 parcels were involved and that 17 parcels had been acquired to this date. Seven of the remaining 11 parcels were in negotiations while no response had been received from the owners of the other four properties. He offered to answer any questions. Mayor Snyder invited input in OPPOSITION to this assessment district, and none was offered. He invited input in FAVOR of this district, and none was offered. He declared the public hearing closed. Councilmember Jackson moved to adopt Resolution No. 85-97, des- cribing project and property for eminent domain proceedings and author- izing that said proceedings be commenced to acquire said property. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mr. Brown stated that Resolution Nos. 85-98, 85-99, and 85-100 dealt with the issuance of bonds for this district and recommended that they be continued inasmuch as it was felt a lower interest rate could be obtained. He recom- mended the approval of an underwriting agreement with Prudential-Bache along with a debt service schedule, with the condition that interest rates would not exceed the rates as set forth in that schedule. MR. BOB DeMONDRUM of Prudential-Bache addressed the Council and explained the debt service schedule. He added that his firm was very interested in working with the City and obtaining the lowest interest rates possible on the bonds. Mr. Altman recommended that the Council adjourn this meeting instead of calling a special meeting so that no additional notice would have to be given. Also, since there was already a different meeting scheduled for Thursday, September 19, 1985, at 7:00p.m., he suggested this meeting be adjourned to 6:30p.m. on September 19th. Councilman Wilson moved to approve an underwriting agreement with Prudential-Bache with the debt service schedule and with the condition that interest rates shall not exceed the amount set forth in the attached exhibit. Motion was seconded by Jackson and carried by unanimous vote of the Council. 7 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 f f f f f f f f f f f f f f f f f f f f f f f f * C. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN, NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PARCEL MAP WAIVER TO CONSOLIDATE THE SITE INTO ONE LOT TO ALLOW CONSTRUCTION OF AN EIGHT UNIT APARTMENT PROJECT (UTILIZING A 25% BONUS ALLOWED BY STATE LAW) IN THE R-2 ZONE LOCATED ON THE NORTH SIDE OF SANTA ROSA WAY, 200 FEET WEST OF SAN PASCUAL. WILLIAM SPENCER, APPLICANT (Continued from the meetings of June 13, 1985, and August 8, 1985.) Mayor Snyder noted that this was a continued public hearing and that the applicant had requested a continuance to the meeting of November 14, 1985. He invited input in FAVOR of this project, and none was offered. He invited input in OPPOSITION to this project, and none was offered. Councilman Wilson moved to continue this matter to the meeting of November 14, 1985, at the applicant's request. Motion was seconded by Jackson and carried by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM PR-6 S.P. (PLANNED RESIDENTIAL, MAXIMUM 6 DU/ACRE SCENIC PRESERVA- TION OVERLAY) TO PC (3) S.P. (PLANNED REGIONAL COMMERCIAL W ITH A SCENIC PRESERVATION OVERLAY) FOR 15.26 ACRES OF LAND BOUNDED BY THE PALM VALLEY STORM CHANNEL, EL PASEO, FRED WARING DRIVE, AND HIGHWAY ill. H.F. AHMANSON 8 COMPANY, APPLICANT. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Diaz reviewed the staff report in detail, noting that the Planning Commission unanimously recommended approval of this change of zone. He added that it was staff's recommendation that Ordinance No. 430 be passed to second reading. Mayor Snyder invited input in FAVOR of this request, and none was offered. He Invited input in OPPOSITION to this request. MR. CRA I G PAGE from H.F. Ahmanson & Company requested that Council approve the request and offered to answer any questions. Mayor Snyder declared the public hearing closed. Councilmember Benson moved to waive further reading and pass Ordinance No. 430 to second reading, approving C/Z 85-2. Motion was seconded by Kelly and carried by unanimous vote of the Council. E. REQUEST FOR APPROVAL OF 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. Mayor Snyder declared the Public Hearing Open and asked for staff's report and recommendation. Mr. Diaz noted this had been discussed at length in Study Session and that the change of zone was required to implement the Palma Village Specific Plan by rezoning the subject project Office Professional. He noted that a Precise Plan of Design for this property had been approved 8 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • by the Planning Commission, subject to Council's approval of the change of zone. Staff recommended Council's approval. Mayor Snyder invited input in FAVOR of the request, and the following spoke: MR. CHARLES MARTIN, 74-750 El Paseo, Palm Desert, ad- dressed Council as the architect for the project proposed for the property on the southeast corner of Fred Waring and Monterey Avenue and in favor of the change. He reviewed his project as well as his theory on line -of - sight as it relates to permitted building height maxi- mums. MR. RICK HOLDEN, 73-330 El Paseo, Palm Desert, addressed Council stating that his firm owner the lot south of the proposed Charles Martin project. He stated that while his proposed office building would be two-story, it would be 70 feet from the property line of the homes to the rear and 25 feet from the front property line. MR. HAROLD HOUSLEY, owner of the lot south of Mr. Holden's property, spoke in favor of the change and noting that this date he had submitted plans for his two-story building which would have parking in the rear and would be 80 feet from the existing homes in the rear with a 15 foot setback from the front property line. MR. PHIL NATLEY, 44-112 Acacia Street, stated his property backed up to the proposed Martin project. While he did not have a quarrel with the proposed change of zone, he did have a concern about the building height and the lack of privacy it would afford his property and the loss of property value it would create. He said the Martin building would totally block sunlight and a view of the sky from his patio. He asked that Council consider some type of condition that would prevent windows in the building from looking down into his property. Mr. Diaz responded that Mr. Natley's concerns could be mitigated at the Architectural Review Commission meeting, and he would invite him to attend and participate. Councilman Kelly stated he felt the building was too big for the size of the property and that it was too high to be compatible with the adjacent property. Councilman Wilson concurred and stated that we would lose the Scenic Preservation value with these types of build- ings, and it was for this concern that he voted against the Palma Village Specific Plan. He felt Council should possibly look at the zoning in terms of gross building size and setbacks so that what the City has worked hard to preserve is not ultimately destroyed. Councilmember Benson concurred with the concerns expressed and the need for more study and restrictions. Councilman Wilson said he felt that Office Professional was the best use of this land but that more restrictions needed to be built into the zoning ordinance. Mr. Martin pointed out that the apartments on the northwest side of Monterey are 20 feet high, and the Cultural Center will 9 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • be going in at 87 feet hight which in his mind eliminated concern for height. He hoped that Council would allow the Architectral Review Commission and staff to work these concerns out with the neighbors. MR. SANDY BAUM, 45-800 Deep Canyon Drive, Palm Desert, spoke against six foot walls around country clubs which he felt reduced the line of sight. MR. NATLEY advised he was not the only concerned neighbor but that others had not received legal notice of this or the Planning Commission meeting. MR. HOLDEN asked that the Council not review the zone change based on just one building. MR. HOUSLEY added that both the Holden and Housley setbacks were large and neither of their buildings "maxed out" the property they were to be built on. He said that while his property wwas already zoned Office Professional, this zone change would affect both properties as they would be sharing parking facilities. MR. ART MOSS, owner of the proposed building for the corner of Monterey Avenue and Fred Waring, stated he felt Council had already established a precedent when they approved his building immediately across the street, and he urged Council to follow its own precedent. MR. D. L. BALSCH, 73-481 Pinyon, Palm Desert, spoke in favor of the zone change in that nothing better could be built in this area. Mayor Snyder declared the Public Hearing Closed. Councilman Wilson suggested that the item be continued for two weeks to allow Council and staff time to examine its ordinance to see if there are some ways of softening the impact of Office Professional dominance on the streetscape and adjacent neighborhoods inasmuch as Monterey Avenue will be built out in this fashion. Mrs. Gilligan advised that the applicant had just advised he would be out of town on September 26th and had asked that if continued, it be to the meeting of October loth. Councilman Wilson moved to continue the item to the meeting of October 10, 1985, and to instruct staff to examine the concerns expressed with the Office Professional, Scenic Preservation, Zone and that an Ad Hoc Committee comprised of two City Councilmembers, two members of the Planning Commission, and staff be appointed to review alternatives for recommendation at the October 10th meeting. Councilman Kelly seconded the motion, and the motion carried by unanimous vote. Mayor Snyder reopened the Public Hearing inasmuch as it had been continued. He appointed Councilmen Kelly and Wilson to the Ad Hoc Committee and asked Mr. Diaz to have two members of the Planning Commission appointed at its next meeting. F. REQUEST FOR APPROVAL OF ZONING ORDINANCE AMENDMENT LOWERING HEIGHT MAXIMUMS IN THE R-2 AND R-3 ZONES. Mayor Snyder declared the public hearing open and asked for staff's report. 10 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • * • • • • • • • • • • • • • • • • • • • • Mr. Diaz reported that this zoning ordinance amendment was to implement the Palma Village Specific Plan. He reviewed the staff report in detail, noting that this amendment would lower the height maximums to 22 feet for a flat roof and 24 feet for a pitched roof. It would also establish distances from adjacent property lines. Alternative sections were suggested which would have allowed the Planning Commission to approve heights up to 30 feet if it found that privacy and line of sight views of adjacent properties would not be adversely affected. However, these sections were discussed in the Study Session and were to be deleted from Exhibit "A" of Ordinance No. 432. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilmember Jackson moved to waive further reading and pass Ordinance No. 432 to second reading as amended. Motion was seconded by Wilson and carried by a 4-1 vote of the Counc i 1 , with Councilmember Benson voting NO. G. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT IMPLEMENTING PALMA VILLAGE SPECIFIC PLAN RECOMMENDATIONS CREATING THE SENIOR HOUSING OVERLAY (5.0.) Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Diaz reported that this had been discussed in Study Session and that Mr. Phil Drell of his department was available to answer any questions. It was staff's recommendation to clarify Subsection 0 of the proposed ordinance as follows: 1) All second story units shall be served by elevators; 2) All common areas shall be wheel- chair accessible; and 3) Handicapped unit design shall meet requirements for State Title 24 handicapped access regulations. The Council also discussed amending Sub- section G relative to defining income levels to allow for more specific HUD data to be used in figuring senior housing income. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Mr. Diaz noted that the decision on this request would also Impact the project in the following public hearing. The size of those studio apartments would be 320 sq. ft. for those with the common dining facilities and 450 sq. ft. for those without common dining facilities. Councilmember Benson stated that she felt 320 sq. ft. was too small an area for anyone to live in. Councilmember Jackson stated her feeling that a minimum of 400 sq. ft. was necessary, even with common dining facilities. MR. THOMAS STARR addressed the Council and stated that his project would be considered in the public hearing 11 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • • • • • • • * • • • • • • • • • • • • • • immediately following this one. He stated that per his studies, the average size of senior apartments in this type of retirement inn is 300 sq. ft. It would be similar to hotel living where meals are provided three times a day, seven days a week. Councilman Wilson asked if the Council could be provided with plot plans showing the furniture arrangements, studio configurations, and the various sizes of these units. He felt the Council would be better able to conceptualize this project. He asked if there would be a problem in continuing this item for two weeks. Mr. Diaz responded that continuation of this request would also necessitate continuation of the next public hearing as they were related. Councilmember Jackson stated her feeling that anyone going into this type of project has done a lot of study, and she felt that the Council should accept Mr. Starr's findings. Mr. Starr felt a delay would impact his project greatly as he was already four months behind schedule. He added that 50% of the units would one -bedroom suites with 650 square feet of space, and without kitchens they are very large rooms. Upon question by Councilman Wilson, Mr. Diaz responded that the 2000 Committee Commercial/Industrial Committee came up with a minimum requirement of 375 sq. ft. for hotel rooms. Councilmember Jackson stated that people would have a choice as to what size room they would have, and the smaller rooms would appeal to some people. Mr. Altman suggested introducing the ordinance at this time and passing it to second reading. If the Council was not satisfied at second reading of the ordinance, it could choose not to adopt it. Councilman Wilson stated he did have a concern with Subsection C of the ordinance relative to height and setbacks. He felt the 100 ft. minimum setback should be amended to 120 ft. and the height amended from 26 ft. to 24 ft. Councilman Wilson moved to waive further reading and pass Ordinance No. 433 to second reading with the amendments to Subsections C, D, and G as stated during the public hearing. Motion was seconded by Jackson and carried by unanimous vote of the Council. H. REQUEST FOR APPROVAL OF CHANGE OF ZONE ADDING THE SENIOR HOUSING OVERLAY TO THE EXISTING R-1 N DESIGNATION FOR 10.36 ACRES LOCATED ON THE EAST SIDE OF MONTEREY, 600 FEET NORTH OF SAN GORGONIO WAY. Mayor Snyder declared the public hearing open and asked for staff's report. Mr. Diaz reported that this had been discussed in Study Session. He added that the project had been approved by 12 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • * • • • • • • • • • * • • • : • • • • • • • • the Planning Commission subject to approval of the change of zone and adoption of the Ordinance. It was staff's recommendation that the Council affirm the Planning Commission decision and pass Ordinance No. 434 to second reading. Mayor Snyder invited input in FAVOR of this request. MR. VAN VOORST, 49-305 Highway 111, stated that he had discussed this project with Mr. Starr and felt it was a good project. M5. JOY McALLISTER, 71-301 Sierra Road, Rancho Mirage, stated that she was the owner of the property for this project. She felt this type of retirement inn would be very important to our community. Mayor Snyder invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. After considerable discussion relative to the size of the rooms and furnishings to be provided, it was the consensus of the Councilmembers that they would like to see some drawings showing what would be provided. Councilmember Jackson moved to waive further reading and pass Ordinance No. 434 to second reading as amended, with the request that the Council be provided drawings of the room sizes and furnishings prior to the September 26, 1985, meeting. Motion was seconded by Wilson and carried by unanimous vote of the Council. I. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM R-2 TO R-3 S.O. AND FROM R-3 TO R-3 5.0. FOR THE BLOCK BOUNDED BY SAN PABLO AVENUE, SAN RAFAEL AVENUE, CATALINA WAY, AND SAN GORGONIO WAY. Mayor Snyder declared the public hearing open and asked for Staff's report. Mr. Diaz reported that this matter had been discussed in Study Session and that the zone change would implement the Palma Village Specific Plan. Mayor Snyder invited input in FAVOR of this request, and none was offered. He invited input in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilmember Jackson moved to waive further reading and pass Ordinance No. 435 to second reading. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilman Wilson voting N0. CITY CLERK SHEILA GILLIGAN NOTED FOR THE RECORD THAT COUNCILMEMBER JACKSON LEFT THE MEETING AT APPROXIMATELY 10:00 P.M. IX. RESOLUTIONS A. RESOLUTION N0. 85-101 - 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 EL PASEO LOCATED BETWEEN STATE HIGHWAY 111 AND FRED WARING DRIVE. Mr. Altman reported that this item had been discussed in 13 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • Study Session. At that time, Council had discussed changing the name to Town Center Way instead of the proposed Town Center Drive. Councilmember Benson moved to waive further reading and adopt Resolution No. 85-101, setting a public hearing to consider a street name change for the portion of El Paseo located between State Highway 111 and Fred Waring Drive. Motion was seconded by Wilson and carried by a 4-1 vote, with Councilmember Jackson ABSENT. X. ORDINANCES For Introduction: A. ORDINANCE N0. 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, TO THE CITY CODES PERTAINING TO TEMPORARY DANCE AND TEMPORARY ENTERTAINMENT PERMITS. (Continued from the meetings of July 11, 1985, and August 8, 1985.) Mayor Snyder noted that it was staff's recommendation that this item be continued to the meeting of October 24, 1985, in order to allow additional time for review by the Police Advisory Committee. Councilman Kelly moved to continue this item to the meeting of October 24, 1985. Motion was seconded by Wilson and carried by a 4-1 vote, with Councilmember Jackson ABSENT. B. ORDINANCE NO. 436 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.28 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO THE PAYMENT OF SALARIES TO COUNCILMEN BY PROVIDING FOR AN INCREASE UNDER GOVERNMENT CODE, SECTION 36516.2. Mr. Altman reported that this had been discussed in Study Session City Attorney Dave Erwin recommended that the ordinance be considered with the Alternate Section 1 per his memo dated August 22, 1985. This alternate section would allow for the Council salary to become effective at the same time the ordinance goes into effect, which is 30 days after the date of adoption. Councilman Kelly moved to waive further reading and pass Ordinance No. 426 to second reading with Section 1 replaced with Alter- nate Section 1 per Mr. Erwin's memo. Motion was seconded. by Benson and carried by a 4-1 vote, with Councilmember Jackson ABSENT. For Adoption: None XI. CONSENT ITEMS HELD OVER None XII. NEW BUSINESS 14 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • A. REQUEST FOR APPROVAL OF ALLOCATION OF $1,200 OUT OF THE UNOBLIGATED GENERAL RESERVE TO SEND A TEAM FROM PALM DESERT TO THE GOVERNOR'S NEIGHBORHOOD WATCH CHALLENGE SEMINAR IN ONTARIO, CALIFORNIA, OCTOBER 4-5, 1985. Mayor Snyder reported that this matter had been discussed in Study Session. Councilman Kelly moved to, by Minute Motion, approve the expenditure of $1,200 and send a team of up to seven members from Palm Desert to the Governor's Neighborhood Watch Challenge Seminar in Ontario, California, October 4-5, 1985. Motion was seconded by Wilson and carried by a 4-1 vote, with Councilmember Jackson ABSENT. B. REQUEST FOR APPROVAL OF ADDITIONAL MONIES FOR DEEP CANYON ROAD CHANNEL PROJECT. Mr. Altman reported that more work was required than had been originally anticipated on this project because of additional installations by C.V.W.D. He recommended approval of the additional appropriation. Councilman Wilson moved to, by Minute Motion, approve the appropriation of an additional $15,000 for the Deep Canyon Road Channel project. Councilman Kelly seconded the motion, and motion carried by unanimous vote of the Councilmembers present. C. CONSIDERATION OF REQUEST FROM PALM DESERT DISPOSAL FOR DUMP FEE SURCHARGE INCREASE. Mr. Altman reported that this had been reviewed in Study Session and that if approved, it would allow Palm Desert Disposal to recoup its costs of using the County dump. Councilman Wilson moved, by Minute Motion, that Palm Desert Disposal be allowed to apply dump fee surcharges to recover its costs for County dump fees. Mayor Snyder seconded the motion. Motion carried by a 3-1-1 vote with Councilman Kelly voting NO and Councilmember Jackson ABSENT. D. HIGHWAY 1I1 MEDIAN LANDSCAPING MAINTENANCE Mr. Altman reported that this item had been discussed at length in Study Session. He recommended the contractual approach to remedy the understaffing problem. Councilman Wilson moved, by Minute Motion, instruct staff to obtain bids for a contract with a private landscape maintenance contrac- tor for the maintenance the Highway 111 Median from Deep Canyon to El Paseo West. Councilmember Benson seconded the motion. Motion carried by unanimous vote. E. REQUEST FOR APPROVAL OF COOPERATION AGREEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT. Mr. Altman stated that this new agreement provided that the City hold the District's money in a trust account rather than passing it to the County of Riverside as was being done now. Councilman Kelly moved to, by Minute Motion, approve execution of the agreement subject to review by City and Redevelopment Agency attorney. Councilman Wilson seconded the motion. Motion carried by unanimous vote of the Councilmembers present. 15 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • XIII. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF INCREASE IN REFUSE RATES BY PALM DESERT DISPOSAL COMPANY (Continued from the meeting of July 25, 1985.) Mr. Altman reported that this had been discussed at length in Study Session and that staff recommended an increase of 3.7% which was provided in the proposed resolution. Councilman Kelly stated he paid $40 per month for his trash pickup and that he could not find that amount in either the new resolution nor the old. Mr. Ortega responded that quite possibly it was an incorrect amount and that he would check with Palm Desert Disposal for verification of the monthly fee. Upon motion by Wilson, second by Benson, Resolution No. 85-73 was adopted by a 3-1-1 vote of the Council with Councilman Kelly voting NO and Councilmember Jackson ABSENT. B. CONSIDERATION OF SELECTION OF UNDERWRITER FOR ASSESSMENT DISTRICT NO. 83-1 FINANCING. (Continued from the meeting of August 8, 1985.) Councilman Kelly moved by Minute Motion that (1) the City Council select Prudential Bache Securities to underwrite the 1915 Act assessment district bonds and (2) that the City's portion of the project costs be financed in combination with the Redevelopment Agency (Miller Schroder currently working with the Redevelopment Agency.) XIV. OLD BUSINESS None XV. ORAL COMMUNICATIONS - B None XVI. REPORTS AND REMARKS A. CITY MANAGER 1. AMENDMENT TO THE AMENDMENT TO THE AGREEMENT WITH THE CITY OF INDIAN WELLS AND ITS REDEVELOPMENT AGENCY. Mr. Altman reported that this amendment would merely provide for an earlier payback to the Agency by the Indian Wells Redevelopment Agency. It was initiated by Indians Wells because it found itself with higher tax increments than expected. Councilmember Benson moved to, by Minute Motion, approve the Agreement and authorize the Mayor to execute same. Mayor Snyder seconded the motion. Motion carried by unanimous vote of the Councilmembers present. B. CITY ATTORNEY None 16 MINUTES REGULAR CITY COUNCIL MEETING SEPTEMBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson noted the very thorough annual report Council had received from Advertising 8 Promotion Committee Chairman Carol Whitlock. He noted that the A 8 P Committee was meeting the next day, and he would like to take Council's comments about its activities to the meeting. Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Committee Liaison Councilman Roy Wilson was asked to compliment the Advertising 8 Promotion Committee for its excellent work on behalf of the City and to wish them well in continuing that work in this coming year, with special thanks to Chairman Whitlock for her thorough report. Councilman Kelly asked that the accoustics in the Chamber be checked again as he still had a problem hearing people speaking at the lectern as well as staff members. Mayor Snyder asked that everyone note the future meetings listed on the agenda. XVII. ADJOURNMENT Upon motion by Wilson, second by Snyder, and unanimous vote of the Councilmembers present, Mayor Snyder adjourned the meeting to 6:30 p.m. on Thurdsay, September 19, 1985. ATTEST; 2 SHEILA R. GI IGAN, CIZTV CLERK CITY OF PALM DESERT, IFORNIA 17 WALTER H. SNYDER, MAOR MINUTES REGULAR CITY COUNCIL MEETING SEPTENBER 12, 1985 • • • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT "A" BEFORE THE CITY COUNCIL OF THE CITY OF PALM DESERT, A MUNICIPAL CORPORATION Objection of Santa Rosa Country Club, a California corporation, to Report on the Proposed Improvement and Acquisition of North Sphere Assessment District No. 84-1 in the City of Palm Desert, County of Riverside, State of California rn n m Santa Rosa Country Club,a California corporation, hereby objects to the Report on the Proposed Improvement and Acquisition of North Sphere Assessment District No. 84-1 on the following grounds but without limitation to said enumerated grounds: 1. A portion of the estimated costs for roadway and curb and gutter improvements have been apportioned in the report to Santa Rosa Country Club, hereinafter referred to as "S.R.", based upon the fact that the real property owned by S.R. is cur- rently zoned R-1. Said apportionment is arbitrary, unreasonable and without regard to actual benefit to be received by S.R. by vir- tue of said proposed improvements in that it does not consider the fact that said real property is fully and permanently developed as a private golf course without residential units. The actual and permanent use of said real property equates to an "open space" zoning which entitles S.R. to a smaller apportionment based upon actual benefit to be derived from the proposed improvements. 2. A portion of the estimated costs for roadway and curb and gutter improvements proposed to be developed along Frank Sinatra Drive have been apportioned in the report to S.R. Said apportionment is arbitrary, unreasonable, and without regard to actual benefit to be received by S.R. by virtue of said proposed improvements in that S.R. has no entrance along Frank Sinatra and will receive no benefit whatsoever by virtue of the proposed con- struction of roadway, curbs and gutters along Frank Sinatra Drive. 3. A portion of the estimated costs for sewer and water lines proposed to be constructed under the proposed road- ways have been apportioned to S.R. based upon the fact that said real property is currently zoned "R-1". Said apportionment is arbitrary, unreasonable and without regard to actual benefit to be received by S.R. by virtue of said proposed improvements. S.R. discharges the sewage from its clubhouse through a line connected to Palm Desert Greens Country Club and receives its domestic water through a line also connected to Palm Desert Greens Country Club. The actual benefit to be received by S.R. by virtue of the proposed construction of sewer and water lines is none. Therefor, there should be no apportionment of sewer and water line construction costs to S.R. 18 MINUTES - REGULAR CITY COUNCIL MEETING • • * • • * • • • • • SEPTEMBER 12. 1985 • • • • * * • • • • * • * * EXHIBIT "A" 4. Said report is invalid and insufficient in that it states that cash contributions made to the Riverside County Road Department to guarantee construction of certain street improvements as a condition to development of Desert Greens Mobile Home Park (Palm Desert Greens) are proposed to be applied to the costs for improvements benefiting U. S. Government owned parcels and the costs of providing median curb and one travel lane along Frank Sinatra Drive frontage of Desert Greens Mobile Home Park. Said application is invalid in that at the time said funds were deposited with the Riverside County Road Department it was agreed that said funds were to be used for the construction of street improvements along the Monterey Avenue frontage of Desert Greens, the Portola Avenue frontage of Desert Greens as well as the Frank Sinatra Drive frontage of Desert Greens. 5. The report is invalid and insufficient in that it, in general, fails to apportion costs based upon actual benefit to be received by individual property owners and further fails to clearly set forth the relationship between the method used and the benefits received. Submitted this 12th day of September, 1985. KENNETH McCO ICK, President, Board of Directors, Santa Rosa Country Club, a California corporation SSE H�N A. SI DONI, Attorney at Law for Santa Rosa Country Club, a California corporation * * * 19