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HomeMy WebLinkAbout1986-04-101 i MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 10, 1986 CIVIC CENTER COUNCIL CHAMBER • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Councilman S. Roy Wilson IV. ROLL CALL Present: Excused Absence: Councilmember Jean Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Mayor Pro-Tem Phyllis Jackson Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Mr. Frank Allen, Director of Code Enforcement Mr. David Yrigoyen, Administrative Assistant V. CONSENT CALENDAR A. MINUTES of the Adjourned/Regular City Council Meetings of March 13 and March 27, 1986. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • 1 f • f s a ■ • APRIL 10, 1986 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-093 and 86-095. Rec: Approve as presented. C. CLAIM AGAINST THE CITY by Mrs. Nora McQuarrie for Alleged Personal Injury Damages Incurred in a Fall on El Paseo. Rec: Approve the Claim and instruct the City Treasurer to pay the Claim in the Amount of $40.82 provided the Claimant signs a Release of All Claims. D. REQUEST FROM NATIONAL EXCHANGE CLUB for Endorsement of Its Center for Abused Children Project. Rec: By Minute Motion, approve the request and authorize the Mayor to write a letter of support. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Keith Rogers for Greta's, 74-894 Lennon Street, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Second Beer Hunter, Inc. for The Second Beer Hunter, 73-131 Country Club Drive, ##A1 & A2, Palm Desert, California. Rec: Receive and file. G. REQUEST FOR REFUND OF CONSTRUCTION TAX by Ronald Gregory in the Amount of $620.00. Rec: By Minute Motion, approve the request and authorize the refund of $620.00 from prior year's revenue. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1090 North Side Frontage Road Project. Rec: By Minute Motion, accept the work for Contract 1090 as complete and authorize the City Clerk to file a Notice of Completion. 2 r h. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING * • • • • • • • • • • • • • • • • • • • * * • * * APRIL 10, 1986 I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1092 - Portola Avenue and Monterey Avenue Widening Project. Rec: By Minute Motion, accept the work for Contract 1092 as complete and authorize the City Clerk to file a Notice of Completion. J. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR CONTRACT NO. 00-105(1106) - 1985-86 CURB AND GUTTER AND CROSS GUTTER REPAIR PROGRAM. Rec: By Minute Motion, approve the request and authorize the City Clerk to advertise and call for bids for the subject project. K. REQUEST FOR APPROVAL OF CONTRACTING FOR STREET SWEEPER SERVICE for Remainder of Fiscal Year 1985-86. Rec: By Minute Motion: 1. Authorize the City Clerk to advertise and ca 1 1 for bids to perform street sweeping services; and 2. Appropriate $40,000 from Unallocated General Fund Balance for this project. L. REQUEST FOR AWARD OF CONTRACT NO. 00-107 for Cook Street Extension Traffic Study. Rec: By Minute Motion: 1. Authorize the Mayor to enter into a Contract No. 00-107 with BSI Consultants, Inc. in the amount of $24,784 and authorize a ten -percent contingency reserve for the contract in the amount of $2,478; and 2. Authorize the appropriation of $27,262 from Street Capital Reserves. 3 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • M. REQUEST FOR VACATION OF STREET RIGHT -OF-WAY - Fairhaven Drive between San Juan Avenue and Parkview Drive. Rec: Waive further reading and adopt Resolution No. 86-35, ordering a public hearing to consider the subject vacation request. N. REQUEST FOR SUPPORT OF SENATE CONSTITUTIONAL AMENDMENT NO. 9, Daniel E. Boatwright, Author, Dealing with the Release of Convicted Murderers. Rec: By Minute Motion, support the amendment and direct staff to prepare letters for the Mayor's signature. 0. RESOLUTION NO. 86-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ENDORSING THE HANDS ACROSS AMERICA PROGRAM AND URGING CITIZEN SUPPORT. Rec: Waive further reading and adopt. The following items were removed for discussion under Section IX: B & E by Wilson; M by Snyder; I by Benson; D & F by Kelly. Upon motion by Snyder, second by Wilson, the Consent Calendar, except Items B, D, E, F, I, and M, were approved as presented by unani- mous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. VAN TANNER, 40033 Sagewood Drive, Palm Desert, addressed Council requesting that it direct staff to initiate an ordinance requiring a conditional use permit for any establishment proposing on -site sale and consumption of alcoholic beverages. Upon question by Mayor Kelly, Mr. Diaz responded that the convenience store ordinance would be before the Planning Commission at its next meeting of May 5th and that this provision could be added to this ordinance. VI1. RESOLUTIONS None 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 • • • : • • • • • • ■ • • • • • • * • • • • • • • VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 457 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO CLEAN-UP OF HAZARDOUS MATERIALS. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Wilson, second by Snyder, Ordinance No. 457 was adopted by unanimous vote. B. ORDINANCE NO. 458 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.48.230 OF THE MUNICIPAL CODE RELATIVE TO PROHIBITING ALL-NIGHT PARKING. Mr. Altman reported that no further input had been received since first reading of this ordinance. Mayor Kelly noted receipt of letters of opposition from Len Manor of the Lock Shop and from a Mr. Hill. He asked if the parking hours could be posted. Mr. Altman responded that it would be an administrative headache as they would in essence be temporary signs. Mr. Folkers suggested trying the provisions set forth in the ordinance and if a real hardship is noticed, staff could then suggest mitigating solutions. Upon motion by Snyder, second by Benson, Ordinance No. 458 was adopted by a 3- 1 - 1 vote with Councilman Wilson voting NO and Council - member Jackson ABSENT. C. ORDINANCE NO. 459 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMEND- MENT TO THE ZONING ORDINANCE TEXT RELATING TO HOTEL DEVELOPMENT STANDARDS. CASE NO. ZOA 86-3. 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 * • * * • * * • • * • • • * • • • * • • • * • • * Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon question by Council regarding no reference to its amendment on size of suite rooms as established at the meeting of March 27th and upon motion by Wilson, second by Benson, the item was continued to the 7 p.m. portion of the meeting to allow staff time to determine room size at the Embassy Suites by unanimous vote of the Council. D. ORDINANCE NO. 460 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT RELATING TO LEGAL NONCONFORMING RESIDENTIAL USES. CASE NO: ZOA 86-2. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Wilson, second by Benson, Ordinance No. 460 was adopted by unanimous vote of the Council. E. ORDINANCE NO. 461 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOP- MENT AGREEMENT RELATING TO SENIOR HOUSING AFFORDABLE REQUIREMENTS FOR AN APPROVED 77-UNIT CONGREGATE CARE DEVELOPMENT. CASE NO: D.A. 86-1. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon motion by Snyder, second by Wilson, Ordinance No. 461 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-093 and 86-095. Councilman Wilson asked about a payment to KWXY Radio for advertising. Mr. Warner responded that this was for the El Paseo Improvement Area and that it was paid from monies collected from this district. Upon motion by Wilson, second by Snyder, Item B was approved as presented by unanimous vote of the Council. 6 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • D. REQUEST FROM NATIONAL EXCHANGE CLUB for Endorsement of Its Center for Abused Children Project. Mayor Kelly said he removed this to ask if it was the same request as that made by Soroptimist International of Palm Desert. Mrs. Gilligan responded that the Soroptimist request was for funding while this asked only for support. Mr. Frank Allen added that the Exchange Club program was an entirely different one in that funding came from its own national headquarters. He said they would be training laymen therapists to go into the homes of abused children to assist. Mr. Altman said that the Soroptimist request for funding would be considered by the Council as part of the 1986-87 budget review process. Councilmember Benson moved to, by Minute Motion, approve the request and authorize the Mayor to write a letter of support. Councilman Snyder seconded the request. Motion carried by unanimous vote. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Keith Rogers for Greta's, 74-894 Lennon Street, Palm Desert. Councilman Wilson asked where Lennon Street was, and Mr. Diaz responded that it was within the Berkey Industrial Park on Hovley Lane. Upon motion by Wilson, second by Benson, the item was Received and Filed by unanimous vote of the Council. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Second Beer Hunter, Inc. for The Second Beer Hunter, 73-131 Country Club Drive, ##A1 E. A2, Palm Desert, California. Mayor Kelly moved to notify the Alcoholic Beverage Control that the City is considering an ordinance to require a Conditional Use permit for establishments which will sell alcoholic beverages and to Receive and File the application for the Second Beer Hunter. Councilman Snyder seconded the motion. Motion carried by unanimous vote. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1092 - Portola Avenue and Monterey Avenue Widening Project. Councilmember Benson asked why only the left-hand side was fixed. Mr. Folkers responded that right-of-way acquisitions had delayed this and that work would be under way in the next two months. 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 . . * * * * • * 1 • * • • * * Councilmember Benson moved to, by Minute Motion, accept the work for Contract 1 092 as complete and authorize the City Clerk to file a Notice of Completion. Motion was seconded by Snyder and carried by unanimous vote. M. REOUEST FOR VACATION OF STREET RIGHT -OF-WAY - Fairhaven Drive between San Juan Avenue and Parkview Drive. Councilman Snyder said this item had been before Council at least two other times and he would require much more information before he could act on it; specifically, what are we going to do with the road we are going to vacate so you can get through, what happens to Fairhaven Drive, and what does the City get out of it? Mr. Altman responded that this resolution merely set a public hearing to consider the request. Councilman Snyder moved to waive further reading and adopt Resolu-' tion No. 86-35, ordering a public hearing to consider the subject' vacation request. Councilmember Benson seconded the motion. Motion! carried by unanimous vote. X. NEW BUSINESS A. CONSIDERATION OF A REQUEST BY THE CITY OF CORONA TO SUPPORT A NEW FORMULA FOR ALLOCATION OF HOUSING AND COMMUNITY DEVELOPMENT FUNDING. Mr. Yrigoyen reviewed staff's report and recommendation. Councilman Wilson moved to, by Minute Motion, direct staff to request the County's Department of Housing and Community Development to provide a report on the economic development loan and the entitlement portion of the Community Development Block Grant Program. Councilmember Benson seconded the motion. Motion carried by unanimous vote. B. REQUEST FOR RELOCATION OF ELECTRICAL FACILITIES ON THE NORTHWEST CORNER OF EL PASEO AND SAN LUIS REY. Mr. Folkers reported that bids were solicited for this work and the low bidder was George Lekaunas at a price of $7,370. He said that while the City could ask Neil's and the El Paseo Merchants Association to help pay for this work, staff recommended that the City pay the entire cost. 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING s * * * * • * * • * s s * s ; . s * * • ; * . * a APRIL 10, 1986 Councilmember Benson said she felt if the City made a mistake, it should pay for it and moved to approve a contract with George Lekaunas in the amount of $7,370 and to appropriate said amount from the Unallo- cated Street Fund. Councilman Snyder seconded the motion. Motion carried by unanimous vote. XI. CONTINUED BUSINESS A. REQUEST FOR ENCROACHMENT PERMIT BY TOWN CENTER APARTMENTS. (Continued from the Meeting of March 27, 1986.) Mr. Diaz reviewed staff's report and recommendation and stated that the applicant had contacted all adjacent property owners in an effort to obtain additional land for parking and that these efforts had been futile. He said staff felt that street parking problems could be mitigated with use of hourly parking so that disabled vehicles are not left on the street extended periods of time. With regard to drainage, he said there was concern that the road work recently finished could create a situation where water might be trapped on this property, and staff recommended a drainage line on the west side of Monterey at an estimated cost of $90,000 for construction and $10,000 for engineering. Engineering would commence immediately and then come back to the City Council for approval to go to bid. Councilman Wilson asked if the City were to grant this easement and then it became a problem, could it be revoked? Mr. Diaz said it could be a revokable easement subject to review in six months to a year. Mayor Kelly said he felt the applicant was operating in good faith. The apartments were in existence before incorporation and he felt it in the City's best interest to work with the applicant in his effort to improve the property. Councilman Wilson asked if the City could purchase the property through its Redevelopment Agency and eminent domain proceedings to provide parking and then enter into an agreement with this property owner to reduce his rents in exchange for this parking, thus encouraging low and moderate income housing? Mr. Diaz said it would require eminent domain proceedings but it was his belief that the policy was we would not use this process in the res i dent i &1 area unless there was a willing MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 * * * * * * * * * * * * * * * * * * * * * * * * * buyer which was not the case here. Mr. Wilson said this was vacant land and that policy did not, therefore, apply. Councilman Snyder said he agreed with Councilman Wilson but that this situation had been created by the County before incorporation. He said these people have spent a lot of money at the City's urging to make these units acceptable. Eminent domain may be a long time in the process, and he felt it unfair to the applicant to wait. MR. MICHAEL MORRIS, Contractor for the project, said time was important to them and they were making every effort to improve the property to the standards of the City. Councilman Wilson moved to approve the agreement as it pertained to encroachment or easement with additional wording that would give the permit a review period in one year. Councilmember Benson seconded the motion. Motion carried by unanimous vote. Councilman Snyder moved to approve $10,000 for the engineering work for a drainage line along the west side of Fred Waring Drive to Parkview Drive. Councilman Wilson seconded the motion. Motion carried by unanimous vote. B. APPEAL OF BUILDING BOARD OF APPEALS & CONDEMNATION DECISION BY TEMPLE SINAI JEWISH COMMUNITY CENTER OF PALM DESERT. (Continued from the Meeting of March 27, 1986.) Mr. Conlon reviewed the staff report and recommendation pointing out that this ramp had been missed in the plan checking by the City and discovered during construction. He said there was no argument about the State law requir- ing wheel chair access. MR. GEORGE RITTER, 73-899 Highway 111, spoke on behalf of Temple Sinai and as its architect. He said only six different people would use the "bima" which required the access and that if any one of these people were disabled, the service could be held in front of the bima. He said it was a sacred, not public area. He said the area was solid concrete and could not be modified at this point. Therefore, they would either have to install a lift at a cost of $8-12,000 or construct a door to the outside for access by a walkway at a cost of $7-8,000. He said the law provided for equitable facilitation and urged Council approve its appeal. 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 . . . . * . . . * * * . . . * . * . . * . * . . * Others speaking on behalf of the appeal were: RABBI WILLIAM SILVERMAN, 271 Santa Barbara Circle, P.D. MR. GUS SIMONS, 45-755 Juniper Circle, P.D. MR. WILLIAM WOLFE, 32 Princeton Drive, Rancho Mirage. MR. MANUEL BALD!, contractor for the temple, said that the bima was the first thing installed. It was solid concrete and had no room around it for a ramp. MR. AL COOK, Chairman of the Building Board of Appeals & Condemnation, said the Board had heard the same arguments. He said that the bima was a substantial portion of the building, and the Board felt there was a way of providing access to it. He noted that the Valley Christian Assembly had also appealed this requirement and that the Board had ultimately required them to install one. He said the Board did not feel that requiring the Temple to correct this deficiency created a hardship. Councilman Wilson said the Building Board of Appeals minutes showed the dates of plan check but did not say when it was pointed out to the applicant. Mr. Conlon said the contractor was notified in early December, 1985, which was near completion of the construction. Councilman Snyder asked what the City's liability would be if it approved the appeal and then someone was injured attempting to obtain access. Mr. Erwin responded that after listening to testimony, it was his impression that this area was not available to the congregation at large. He said there were factual circumstances that would allow Council to determine it is not necessary to provide handicap access. He said if it was Council's decision to waive this requirement, then it should condition that waiver on a hold -harmless agreement from the Temple. Mayor Kelly said the City had made a mistake which had placed a hardship on the Temple. He said it would be wrong for Council to now force them to spend $12,000 for something that would probably never be used. Councilman Wilson said it was a unique situation in that it was not called to the applicant's attention in plan check. He said if the City made a mistake, it should rectify it. He said it seemed unfair at the end to go back and make them install such an expensive item. 11 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 • • • a • • • • • • • • • • • • • • • • • • • • • Councilmember Benson moved to grant the appeal by the Temple with the condition it provide the City of Palm Desert with a Hold Harmless Agreement from any accident that might occur in that area. Councilman Wilson seconded the motion. Motion carried by unanimous vote. C. REQUEST FOR ALLOCATION OF FIVE -ACRE SITE FOR PALM DESERT MUSEUM OF INTERNATIONAL ARTS. (Continued from the Meeting of March 27, 1986.) Mr. Altman recommended Council take the following action relative to the request: By Minute Motion, 1) endorse the fund drive effort; 2) City/Agency will assist museum effort by providing up to 5 acres at the Civic Center or some other suitable location; 3) City to direct the Civic Center site consultant to look at museum in their efforts; and 4) the City will exercise architectural control over the building. MR. ROMEO PULUQI and MR. BERNARD LEUNG said they agreed with Mr. Altman's recommendation. Councilmember Benson moved the recommendation made by Mr. Altman, and Councilman Wilson seconded the motion. Motion carried by unanimous vote. D. CONSIDERATION OF AN ORDINANCE REGULATING FOOD HANDLERS AS REQUESTED BY THE RIVERSIDE COUNTY HEALTH DEPARTMENT. (Continued from the Meeting of March 27, I986.) Councilman Snyder moved that the City of Palm Desert approach Riverside County Health Department and request that a requirement for TB testing be inserted in the proposed ordinance and that it be enforced in the City. Councilmember Benson seconded the motion. Councilman Wilson said he would vote against the motion as it implied that if these amendments were made, the City would adopt such an ordinance. Councilman Snyder amended his motion to say the City of Palm Desert should enter into discussion with the Riverside County Health Department to clarify that requirements for testing for TB are included and that restaurants are properly inspected and regulated. Councilmember Benson agreed to the amendment. Motion carried by unanimous vote. 12 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 XII. OLD BUSINESS A. STAFF REPORT AND RECOMMENDATION ON THE PROPOSED PROGRAM FOR HOMELESS HOUSING AS PRESENTED BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS. Councilman Wilson moved to continue the item for one month and direct staff to check with other cities to see what they will do with this request. Councilmember Benson seconded the motion. Motion carried by unanimous vote. Mayor Kelly recessed the meeting at 6 p.m. for dinner. He reconvened the meeting at 7:05 p.m. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION C. ORDINANCE NO. 459 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMEND- MENT TO THE ZONING ORDINANCE TEXT RELATING TO HOTEL DEVELOPMENT STANDARDS. CASE NO. ZOA 86-3. Mr. Diaz reported that the Embassy Suites Hotel rooms were approximately 500 sq. ft. He said that the defini- tion of "suite" was not included in this ordinance and asked that the matter be referred to the Planning Commis- sion. Councilmember Benson moved to continue the item to the meeting of May 8, 1986, for clarification of the definition of "suite" and inclusion of a specific square footage for same. Councilman Snyder seconded the motion. Motion carried by unanimous vote. XIV. ORAL COMMUNICATIONS - B MS. ROSEMARY SWEET, Mulberry Street, Ironwood Country Club, Palm Desert, addressed Council regarding the issue of funding for the homeless in the Coachella Valley. She urged Council's support of the City's contribution to Catholic Charities for this effort. 13 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 # # * # * * * # * * * # # # # # * # * # * # # # # XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CITY OF BREA VIDEO DESCRIBING ITS PROGRAM ON "ART IN PUBLIC PLACES." Counc i l viewed a video from the City of Brea on its program for art in public places. Councilman Wilson said that the art in public places recommendation from the 2000 Committee was one of the better ones to come from that group. He asked how it could be initiated in the City of Palm Desert. MR. ALEX YARON, Chairman of the Civic Arts Committee, said his committee was charged with this responsibility and was prepared to investigate this type of program and make a recommendation to the City Council in the near future. B. CONSIDERATION OF APPOINTMENT TO PARKS 8 RECREATION' COMMISSION TO FILL VACANCY CREATED BY RESIGNATION OF FREDERICK THON. (Continued from the Meeting of March 13,. 1986.) Mrs. Gilligan reported that the Parks 8 Recreation Commission had forwarded its recommendation that the City Council consider both Mr. Robert Royer and Ms. Susan Mack to fill this vacancy. Councilman Wilson moved to direct the City Clerk to schedule interviews for Ms. Mack and Mr. Royer for 5:30 on April 24, 1986, and to continue consideration of this appointment until that meeting. Council- man Snyder seconded the motion. Motion carried by unanimous vote. XVI. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION OF ENVIRON- MENTAL IMPACT AND PRECISE PLAN OF DESIGN TO ALLOW CON- STRUCTION OF A 228-ROOM HOTEL WITH A RESTAURANT ON 11.7 ACRES AND PARCEL MAP TO CONSOLIDATE PARCELS TO CREATE THREE NEW PARCELS ON 19 NET ACRES FOR PROPERTY ZONED P.C.(4) S.P. LOCATED ON THE EASTERLY SIDE OF HIGHWAY 111 BETWEEN PARKVIEW DRIVE AND FRED WARING DRIVE. 14 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 . * * * * * * * . . * . * * * * . . . * * . * * * Mayor Kelly declared the Public Hearing open and asked for staff's report. Mr. Diaz reviewed the staff report, the Negative Declaration of Environmental Impact, and the Planning Commission recommen- dation for approval of the project. He said staff recommended the Council uphold the decision of the Commission by adopting Resolution No. 86-37. Upon question by Councilman Wilson, Mr. Diaz said that all rooms were 375 square feet except for those which were part of suites. Mayor Kelly invited testimony in FAVOR of the project, and the following spoke: MS. CAMILLE COURTNEY, D & D Development, Applicant. MR. PETER BRANDO, Landscape Architect for the project. MR. BARRY D. MCCLELLAN, Project Engineer. Upon question by Councilmember Benson, Ms. Courtney responded that the minimum room size was 375 sq. ft. and went as high as 466 sq. ft. She also responded to Ms. Benson that the build- ings along Parkview Drive were set back as far as the project could afford them to be. Upon question by Councilmember Benson, Mr. McClellan responded that the project was as far below grade as it could be without creating a drainage problem. Mayor Kelly invited testimony in OPPOSITION to the project, and none was offered. He declared the Public Hearing closed. Councilmember Benson said the reason she had called the case up for Council review was due to its prime location at a City entrance. She said she was opposed to three-story buildings in an area the Council had said it wanted really deluxe hotels. She said she was not happy with the height or size of this project because it was not in keeping with the image the City desired. She felt the City had so few areas left to protect, and she hated to settle for something less than what the citizens of the City wanted and expected. Councilman Wilson said that while he agreed with many of Councilmember Benson's comments, he could find nothing with the project that was not in accordance with the laws on the 15 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING a s a a a • a a a * . . ■ APRIL 10, 1986 books. He said in view of that, he had very little grounds for not approving the project as presented. He safd his personal quarrel was with the zoning ordinance already created which allows three-story projects such as this in a PC-4 zone which he felt was a mistake. Upon question by Councilmember Benson, Mr. Erwin responded that the only discretion Council had in the 35 ft. height limitation would involve cases requesting a chimney or a tower. This particular project was within the City's regula- tions. Councilman Snyder said that there was a large group of residents opposed to all the new two and three-story building going on in the City. He said groups such as Desert Beautiful and the Palm Desert Property Owners Association had contacted him with great concern that the rules be changed to prevent any more such as the two-story bank on Highway 111 at Monterey and the office building on Fred Waring Drive at Monterey. He thanked the applicants for showing their project but said he would be less than honest if he didn't say he would prefer it at two stories. Mayor Kelly said the Council had seen many projects that were going to look wonderful and for one reason or another, they didn't turn out the way they had been presented. He said it was up to staff to work very closely and carefully with these developers to make sure the City got what it had approved. Upon motion by Wilson, second by Snyder, Resolution No. 86-37, upholding the Planning Commission's decision of approval, was adopted by a 3-1-1 vote with Councilmember Benson voting NO and Councilmember Jackson ABSENT. XVII. REPORTS AND REMARKS A. CITY MANAGER 1. LEGISLATIVE RECEPTIONS & LUNCHEONS Mr. Altman said that as a result of Council direc- tion, staff proposed the following: Planning Commission - Joint quarterly meetings to include members of the Architectural Review Commis- sion. 16 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING ■ * * * * * * * * * * * * * * * * * * * ■ * * * * APRIL 10, 1986 Park & Recreation Commission - Joint annual meeting. Others - Council will hold a breakfast meeting once a month and invite members of organizations such as Desert Sands Unified School District, C.V. Water District, Community Services District, C.V. Recrea- tion and Park District, College of the Desert, etc. M r . Altman said that it was also time to meet with the City Councils of Indian Wells and Rancho Mirage and advised he would contact Rancho Mirage as it was that city's turn to host it. Upon motion by Wilson, second by Snyder, and unanimous vote, staff was directed to begin implementing such a program. 2. JOINT STUDY SESSION ON APRIL 25TH Mr. Altman reported the joint study session of the Council, Planning Commission, and Architectural Review Commission had been scheduled for 10 a.m. to 2 p.m. on April 25th at Palm Valley Country Club. Councilman Wilson said that in view of the comments from Council about the hotel case just heard as well as strong criticism from the public, he recommended that the meeting be used to take a long, hard look at development standards such as height. density, etc. He said he would like to see some kind of review process by the Council for any development over one story, and this meeting would be a good place to discuss this. He said that at the Town Hall meeting, a suggestion was made that developers be required to present models depicting exactly what was proposed; he recommended this type of requirement be considered. He said that great pains were taken a few years ago to make sure that the great, massive mall was set back far enough to give only a one-story appearance, and the bank on Highway 111 now dwarfs the mall. Mr. Altman suggested that the agenda be set to discuss height first, density second, with the balance of develop- ment concerns third. Council concurred and so directed the agenda to be prepared. 17 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 * * * • • * a ■ s • * . * * • i f * . * * * * ■ * 3. ALTERNATE COUNCIL REPRESENTATIVE TO CONTRIBUTION, SALARY, AND ANNEXATION TASK FORCES. Mr. Altman recommended Council appoint one of its own to fill in for Councilmember Jackson. Councilman Snyder offered to take annexations, Councilmember Benson to take salaries, and Councilman Wilson to take contributions. 4. CLOSED SESSION Mr. Altman requested a Closed Session under Section 54956.9b of the Government Code. 8. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. CONVENTION BUREAU CONTRIBUTION FOR MATCHING FUNDS Councilman Snyder said that as the City's represen- tative on the CVB, he had been asked to approach the Council to eliminate the need for the Bureau to provide data as to matching funds and just approve the City's cost of participation at $40,000. With all the new hotels being built, the City will save money as the matching funds would be greater once these facilities open. Councilman Snyder moved that the City assume the $40,000 and pay it as its contribution to the CVB. Councilman Wilson seconded the motion. Mr. Erwin stated it might cause a problem with the auditors but Mr. Altman said that a performance agreement with the CVB would be required to ensure we are getting something for our money. Motion carried by unanimous vote of the Council. 2. CVAG EARTHQUAKE MEETING Councilman Snyder said that the meeting scheduled for the 16th of April was lacking in participation and encouraged staff members to attend. 18 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING APRIL 10, 1986 * * * * * • • • • * • * • • * * * • • * * * * * 3. PROPOSITION 51 - DEEP POCKETS INITIATIVE Councilman Snyder reported on the League's efforts to inform the public about Proposition 51. He encouraged Councilmembers to get out and speak to groups to support the initiative. XVIII. ADJOURNMENT Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Mayor Kelly adjourned the meeting to Closed Session, pursuant to Government Code Section 54956.9b, at 9:25 p.m. Mayor Kelly reconvened the meeting at 10:05 adjourned with no action taken in Closed Session. SHEILA R. GitiIGAN, CT/Y CLERK CITY OF PALM DESERT, 1ALIFORNIA 19 p.m. and immediately RICHARD S. KEELLLY, MAYO5/