HomeMy WebLinkAbout1986-12-11MINUTES
ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, DECEMBER 11, 1986
CIVIC CENTER COUNCIL CHAMBER
a r it i 0 • i i •
I. CALL TO ORDER
Mayor Pro-Tem Benson convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder
III. INVOCATION - Councilman Buford A. Crites
IV. ROLL CALL
Present: Excused Absence:
Councilman Buford A. Crites
Councilman Walter H. Snyder
Councilman S. Roy Wilson
Mayor Pro-Tem Jean M. Benson
Also Present:
Mayor Richard S. Kelly
Bruce A. Altman, City Manager
Carlos L. Ortega, Assistant City Manager
Doug Phillips, Deputy City Attorney
Mary P. Frazier, Deputy City Clerk
Kirby J. Warner, Director of Finance
Ramon A. Diaz, Director of Community Development/Planning
Richard J. Folkers, Director of Public Works
V. CONSENT CALENDAR
A. MINUTES of the AdJourned/Regular City Council Meeting of
November 13, 1986, and the AdJourned Joint City
Council/Redevelopment Agency Meeting of November 20, 1986.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR1102, WR1104, WR1106, WR1109, WR1112, and WR1115.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Lubica
Brandt for Brandi's Bistro, 73-111 El Paseo, Palm Desert.
Rec: Receive and file.
D. CLAIM AGAINST THE CITY (Claim No. 031) by Katy Dunlap in
the Amount of $16,416.00 for Alleged Damages.
Rec: Deny the Claim and Instruct the City Clerk to
so advise the Claimant.
E. RESOLUTION NO. 86-119 - A Resolution of the City Council
of the City of Paim 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.
F. FINANCIAL STATEMENTS AND AUDIT FOR FISCAL YEAR 1985-86.,
Rec: Receive and file annual audit report for fiscal
year ended June 30, 1986.
G. REQUEST FOR APPROVAL to Refund $1,677.15 to Marvilla
Corporation for Building Permit.
Rees
By Minute Motion, authorize the refund of
$1,677.15 from prior year's revenues to Marvilla
Corporation for a single family dwelling
located at 48-251 Crestview.
H. REQUEST FOR RENEWAL of Contract No. 00-086-1 with Carl
Warren a Company for Liability Third Party Claims
Administration.
Rec:
By Minute Motion, authorize the City Manager to
renew the City's contract with Carl Warren &
Company for a one-year extension.
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ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1986
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1. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids
for the Traffic Signal at Fred Waring Drive and Phyllis
Jackson Lane (Contract No. 00-174).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the installation
of a traffic signal at Fred Waring Drive and
Phyllis Jackson Lane.
J. REQUEST FOR AUTHORIZATION to File Notice of Completion
for Contract 00-108C (1103) for High School Access Road
(Phyllis Jackson Lane).
Rec:
By Minute Motion, accept the work for Contract
No. 00-108C (1103) as complete and authorize the
City Clerk to file a Notice of Completion.
K. REQUEST FOR AUTHORIZATION to File Notice of Completion
for Contract No. 00-082C (1101) for Portola Avenue
Widening.
Rec:
By Minute Motion, accept the work for Contract
No. 00-082C (1101) as complete and authorize the
City Clerk to file a Notice of Completion.
L. REQUEST FOR APPROVAL to Release Bonds for Tract No. 14079
(Kaufman a Broad) for Sewer and Water.
Rec:
By Minute Motion, accept the sewer and water
systems as complete and authorize the City
Clerk to release the Faithful Performance and
Labor and Materials Bonds held by the City for
the subject Improvement.
M. REQUEST FOR RATIFICATION of Change Order No. 3 to Contract
No. 00-108C (1103 - Phyllis Jackson Lane) in the Amount of
$7,751.58.
Rec: By Minute Motion, ratify Change Order No. 3 to
Contract No. 00-108C 1n the amount of $7,751.58.
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N. REQUEST FOR APPROVAL of Speed Limit on San Pablo Avenue
from Highway 111 to the Eastern Entrance of College of
the Desert.
Rec:
By Minute Motion, approve a 35 miles per hour
speed limit from Highway 111 to the eastern
entrance of College of the Desert.
0. RESOLUTION NO. 86-120 - A Resolution of the City Council
of the City of Palm Desert, California, Consenting to
hold a Joint Public Hearing.
Rec:
Waive further reading and adopt Resolution No.
86-120, consenting to a joint public hearing
regarding the Palm Desert Redevelopment Agency,
North Sphere Project Area No. 2 Redevelopment
Plan.
P. REQUEST FOR APPROVAL of Budget Adjustments Required by
Land Purchase.
Q•
Rec: By Minute Motion, approve recommendation #1 of
staff report dated November 25, 1986.
REQUEST FOR APPROVAL of Lease (Contract No. 00-175) with
County of Riverside for North Palm Desert Fire Station.
Rec:
By Minute Motion, approve the lease with the
County of Riverside and authorize the Mayor to
execute same.
R. REQUEST FOR CONSIDERATION of Height Limitation for New
Construction.
Rec:
By Minute Motion, approve recommendation of
Cove Communities Public Safety Commission for
Alternative #1 as stated in staff report dated
November 25, 1986, and direct staff to prepare
the necessary ordinance amendments.
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S. LETTER OF RESIGNATION from Ms. Bea Howorth from the
Ctty's Advertising & Promotion Committee.
Rec: Accept with regrets and direct the Mayor to
send a letter.
Mr. Altman asked that approval of the Minutes of the Adjourned
Joint City Council/Redevelopment Agency Meeting of November 20,
1986, be continued to the meeting of January 8, 1987.
Councilman Crites asked that Item D be removed for discussion
under Section IX, Consent Items Held Over.
Upon motion by Crites, second by Wilson, the Consent Calendar,
with the exception of the Minutes of the November 20, 1986, meeting and
Item D, was approved as presented by unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 487 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING A NEW
SUBSECTION (E) TO SECTION 5.86.050 OF CHAPTER 5.86 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA, PERMITTING A
HENS AND WOMENS FASHION AND BEAUTY SALON TO CONDUCT
MASSAGE SERVICE.
Mr. Altman reviewed the staff report dated November 26,
1986, noting that several meetings had been held with Mr.
Jim Foxx, owner of the business requesting this ordinance
amendment.
Councilman Wilson noted that "mens and womens" should
actually read "men's and women's".
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Upon motion by Snyder, second by Wilson, and unanimous vote of
the Council, Ordinance No. 487 was passed to second reading by unanimous
vote of the Council.
B. ORDINANCE NO. 488 - AN ORDINANCE OF THE CiTY COUNCIL OF
THE CiTY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
9.24.060(H) OF CHAPTER 9.24 KNOWN AS THE NOISE CONTROL
ORDINANCE, AND ADDING A NEW SECTION 9.24.065 REGULATING
MOTORIZED LEAF BLOWERS BY LIMITING THE TIME OF USAGE.
Mr. Altman reviewed the staff report from Mr. Frank
Allen, Director of Code Compliance.
Councilman Wilson stated he had received a telephone call
from a maintenance sweeper indicating that passage of
this ordinance would severely impact his business.
Upon question by Councilman Wilson, Mr. Allen responded
that he had received two telephone calls from people
indicating this would hinder their operation, and he had
advised that a meeting would be held at this time.
Councilman Crites stated he was concerned with enforcement
if people had not been notified that the Council was
considering this amendment. He said he felt the Council
should be very careful to make sure input Is received
from those people who would be impacted.
Mayor Pro-Tem Benson asked if the City had a listing of
people who had licenses to operate these leaf blowers.
Mr. Allen responded that he could obtain a list of
sweeper services and gardening services with licenses.
Mayor Pro-Tem Benson suggested sending a letter to those
people and advising what the Council was considering and
when it would be discussed again.
Councilman Wilson suggested setting up a meeting between
staff and anyone interested in this matter.
Councilman Snyder expressed concern that the Council
might be setting a precedent where every time an ordinance
Is passed which affects a certain group of people,
meetings are held to receive their input. The normal
procedure is to put in on an agenda, advertise it in the
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newspaper, and have interested people attend the Council
meeting to be heard. He did not feel a special procedure
should be set up and added that this matter had been
discussed by the Council twice previously.
Councilman Wilson moved to: 1) Continue this item to the
meeting of January 22, 1987; and 2) Direct staff to make contact with
people who might be affected by this ordinance and to set up a meeting
If a considerable response is received. Motion was seconded by Snyder
and carried by unanimous vote of the Council.
C. ORDINANCE NO. 489 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
8.16.060 OF THE CODE OF THE CITY OF PALM DESERT RELATING
TO COLLECTION AND DISPOSAL OF SOLID WASTE.
Mr. Allen reviewed the staff report dated November 18,
1986, noting that he had received a complaint from Palm
Desert Disposal Company that the franchise agreement with
the City was being violated by Western Waste Management
Company, which was providing dumpsters on a construction
site.
MR. ROLAND BAINER, 2232 Raven Crest Court, Riverside,
spoke as the attorney for Western Waste Industries and
reviewed the history of this firm. He stated he felt the
present court action was proper and that the ordinance
should not be amended. He added that according to the
courts, Western Waste was now doing business in the City
of Palm Desert. If this ordinance subsequently took this
business away from the firm, they would need to be
compensated for the loss of business. He said the judge
found the firm was operating legally within the license
issued by the City. He felt the only benefit of the
proposed ordinance amendment was to keep Western Waste out
of business.
MR. HARRY ASTER, Aster & Phillips, Orange, California,
stated he had represented Palm Desert Disposal for
several years. He said he felt staff was correct in
saying that in order to clear up some ambiguity, the
wording of the Municipal Code should be the same as that
In the franchise agreement. He added that he had
submitted to the City Attorney some language he felt
would take care of this ambiguity. He offered to answer
any questions.
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Mr. Altman suggested continuing this matter to the
meeting of January 8, 1987, so that the C f ty' s legal
counsel could review the ordinance.
Councilman Snyder moved to continue this item to the meeting
of January 8, 1987, in order to obtain proper legal advice. Motion was
seconded by Benson and carried by unanimous vote of the Council.
For Adoption:
A. ORDINANCE N0. 483 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
5.86, SECTION 5.86.040 OF THE CODE OF THE CITY OF PALM
DESERT, CALIFORNIA, RELATING TO THE LOCATION OF A MASSAGE
ESTABLISHMENT, BATHHOUSE, ESCORT BUREAU, AND INTRODUCTORY
SERVICE (Marriott's Desert Springs).
Mr. Altman reported that no changes had been made to this
ordinance since first reading.
Upon motion by Snyder, second by Crites, Ordinance No. 483 was
adopted by unanimous vote of the Council.
B. ORDINANCE NO. 484 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING CERTAIN
LIMITATIONS IN CONJUNCTION WITH THE REDEVELOPMENT PLAN
FOR PROJECT AREA N0. 1 OF THE PALM DESERT REDEVELOPMENT
AGENCY.
Mr. Altman reported that no changes had been made since
first reading of this ordinance.
Upon motion by Wilson, second by Crites, Ordinance No. 484 was
adopted by unanimous vote of the Council.
C. ORDINANCE N0. 485 - AN ORDINANCE OF THE CiTY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE
FROM PR-5 (PLANNED RESIDENTIAL FIVE UNITS PER ACRE) TO
PR-7 (PLANNED RESIDENTIAL SEVEN UNiTS PER ACRE) FOR 6.2
ACRES LOCATED ON THE NORTH SIDE OF MAGNESIA FALLS DRIVE
AT RUTLEDGE WAY. CASE N0. C/Z 86-4 - JOHN TURNER.
Mr. Altman stated that no input had been received since
first reading of this ordinance and recommended its
adoption.
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Upon motion by Crites, second by Snyder, Ordinance No. 485 was
adopted by unanimous vote of the Council.
D. ORDINANCE NO. 486 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT RELATIVE TO A 180 UNIT CONGREGATE
CARE AND 59 BED SKILLED NURSING SENIOR HOUSING PROJECT
CASE NO. DA 86-8 - CHARTER COMMUNITIES, INC.
Mr. Altman reported that at the last meeting staff had
been directed to prepare appropriate language which would
allow the applicant to post a letter of credit for the
amount of fees required for the affordable units, to be
paid within 24 months. He stated that the specific
wording of this section was worked out by the City
Attorney's office and the attorney for the applicant.
Upon motion by Snyder, second by Crites, Ordinance No. 486 was
adopted by unanimous vote of the Council.
IX. CONSENT ITEMS HELD OVER
D. CLAIM AGAINST THE CITY (Claim No. 031) by Katy Dunlap in
the Amount of $16,416.00 for Alleged Damages.
Rec: Deny the Claim and Instruct the City Clerk to
so advise the Claimant.
Councilman Crites asked staff to explain the recom-
mendation for denial.
Mr. Phillips stated that it was based upon the recom-
mendation of the City's claims adjuster. He added that
in the past the Council had denied claims and directed
the City Attorney's office to negotiate a settlement.
However, he stated that the Council had a specific time
limit within which it must take action on this claim.
Councilman Nilson moved to deny the claim and direct the City
Attorney's office to meet with the claimant to negotiate a settlement.
Motion was seconded by Crites and carried by unanimous vote of the
Council.
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X. NEW BUSINESS
A. CONSIDERATION OF SCHOOL CROSSING AT PORTOLA AVENUE AND
RUTLEDGE WAY.
Mr. Folkers reviewed the staff report dated December 11,
1986, and offered to answer any questions.
Councilman Snyder moved to, by Minute Motion: 1) Proceed as
soon as possible with the two recommendations of the Technical Traffic
Committee as discussed in staff report dated December 11, 1986; and
2) Defer the slgnalization of Magnesia Falls Drive at Portola Avenue and
Portola Avenue at Rutledge Way until the fall of 1987 to determine the
warrants and needs of each location until traffic conditions stabilize.
Motion was seconded by Crites and carried by unanimous vote of the
Council.
B. CONSIDERATION OF SAN GORGONiO TRAFFIC STUDY.
Mr. Altman reviewed the staff report dated December 11,
1986.
Mayor Pro-Tem Benson invited input from anyone wishing to
speak on this subject.
The following were opposed to closing San Gorgonio
for the following reasons: It would restrict customer and
emergency vehicle access to and from the businesses in the
area; it would increase traffic on Highway 111; closing
the street was not the way to perform a traffic study;
MR. JACK LINDSEY, 77-309 Rhode Island, Palm Desert, owner
of a business at the corner of San Pablo and Highway 111.
MR. THOMAS WALTER, 73-446 Highway 111.
MR. CHUCK GRAHAM, 73-458 Highway Ill.
MR. EARL MORLEY, #1 Lafayette, Rancho Mirage, owner of a
business on San Pablo.
The following individuals spoke in FAVOR of the closure
of San Gorgonio:
MR. VAUGHN JOHNSON, 73-255 San Gorgonio, stated his
street was being used by traffic to and from the
businesses on San Pablo and Palm Desert Town Center.
MS. TAMARA MESSMORE, 73-221 San Gorgonio, stated she
would like to see the street closed at Las Palmas. She
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felt stop signs would not solve the traffic problem and
that the neighborhood was not safe to walk tn. She also
submitted a letter from her neighbor, Mrs. Barb Torres,
who was not able to attend the meeting (attached hereto
and made a part hereof as Exhibit "A").
Councilman Crites asked why the recommendation was to
close San Gorgonio instead of banning all truck traffic
and putting stops signs at every corner so that people do
not use the street as a thoroughfare. He said he did not
like not being able to get through there.
Mr. Folkers responded that "No Truck" signs had been
installed, but they are not paying attention to the
signs. As far as stop signs, the residents felt something
more permanent should be used because it would be too easy
to ignore the stop signs. He added that another concern
of the residents was that last January there were 3,300
cars per day going down San Gorgonio.
Councilman Wilson stated that the entire Council
recognized that there was a problem on San Gorgonio but
that he was not sure closing I t was the answer to the
problem. He felt Alternative #7 in the staff report
would be the best solution.
Mr. Altman stated he felt installing curbs, gutters,
sidewalks and street iights would be setting a bad
precedent because the City has not gotten involved In
installing sidewalks in any assessment district, and if
it was done in one area, it would have to be done in
other areas of the City also.
Councilman Crites reiterated his opposition to closing
streets but stated he felt this may be the only
alternative at this point in time. However, he felt
closing the street for 90 days would almost be a permanent
measure.
Upon question by Councilman Crites, Mr. Folkers responded
that there Is more traffic going west towards Palm Desert
Town Center than there is going east.
Councilman Crites asked if closing the street to traffic
only in one direction had been considered.
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ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1986
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Mr. Folkers responded that staff was trying to come up
with something which would have the least impact on
people and the most impact on traffic.
After additional discussion, Councilman Crites moved to, by
Minute Motion, close San Gorgonio Way immediately west of Las Palmas
Avenue for a sixty-day trial basis to determine if speed and volume of
traffic can be reduced. Motion was seconded by Snyder and carried by a
3-1-1 vote, with Councilman Wilson voting NO and Mayor Kelly ABSENT.
C. CONSIDERATION OF APPEAL OF ARCHITECTURAL REVIEW COMMISSION
DECISION DENYING A REQUEST TO INSTALL A RETRACTABLE
LATERAL ARM AWNING AT THE REAR OF THE BUSINESS LOCATED AT
73-560 HIGHWAY 111 - THE LOCK SHOP, INC., APPELLANT.
Mr. Diaz stated that the appellant had requested a
continuance of this matter to the meeting of January 8,
1987, so that he would be best prepared to present his
case to the Council.
Upon motion by Wilson, second by Snyder, this matter was
continued to the meeting of January 8, 1987, by unanimous vote of the
Council.
D. INFORMATION ITEMS
1. Presentation by Mr. Vince Taylor relative to sound
system in Civic Center Council Chamber.
Mr. Taylor gave an overview of the sound system and
explained what he felt were the difficulties which
needed to be corrected. He estimated the total cost
would be $38,000 to $45,000 to completely redo the
system, which would include spring mounting of the
roof air conditioning units. He offered to answer
any questions.
Upon question by Councilman Crites, Mr. Taylor
stated that if the Council wished to have an
acoustical and structural engineering report, it
would cost $3,500 for a full report.
Upon motion by Snyder, second by Crites, and unanimous
vote of the Council, this matter was referred to staff to sit down with
Mr. Taylor to look at the entire situation to see if the modifications
could be broken down into phases and to bring back a report and
recommendation to the Council.
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DECEMBER II, 1986
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2. Presentation by Temple Construction for
residential/possible hotel protect on east side of
Highway 74 at southern City boundary (former Hyatt
Hotel site).
Mr. Diaz requested continuation of this presentation
to either January 8 or January 22, 1987.
Councilman Wilson stated that the question In this
matter was whether or not a hotel would be
appropriate at this site, and he did not feel It
could be handled as far as traffic.
Councilman Crites stated that the presentation had
been made before the Planning Commission, and this
was the same concern the Commission had.
The Council concurred, and Mr. Diaz stated he would
advise the applicant that a hotel would not be
appropriate for this site and that new plans should
be submitted for a project without a hotel.
XI. CONTINUED BUSINESS
A. RESOLUTION NO. 86-116 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
RESOLUTION NO. 85-113 TO PROVIDE FOR AN ALTERNATE MEMBER
ON THE ADVERTISING & PROMOTION COMMITTEE (Continued from
Meeting of November 13, 1986).
Councilman Wilson stated he had attended the Advertising
8 Promotion Committee meeting when this was discussed,
and he felt that an alternate provided an opportunity for
additional input and would also cover the absence of a
permanent member at regular meetings.
Councilman Wilson moved to: 1) Waive further reading and adopt
Resolution No. 86-116, amending Resolution No. 85-113 by providing an
Alternate Member on the Advertising & Promotion Committee; and 2) By
Minute Motion, appoint Mr. Hal Paradis, Publisher of the Palm Desert
Post, as Alternate Member. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
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B. REQUEST FOR APPROVAL TO GiVE NOTICE TO PROCEED WiTH FINAL
PLANS FOR MARRAKESH PARK CHANNEL (Continued from Meeting
of November 13, 1986).
Mr. Altman reviewed the staff report dated December 5,
1986, and offered to answer any questions.
Councilman Crites moved to, by Minute Motion, direct staff to
proceed with the bikeway and defer action on all other items. Motion
was seconded by Wilson and carried by unanimous vote of the Council.
XII. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION TO FILE NOTICE OF COMPLETION
FOR CONTRACT NO. 00-121 FOR LANDSCAPING OF MEDIANS ON
FRED WARING DRIVE FROM MONTEREY AVENUE TO TOWN CENTER WAY
(1102) AND ACCEPTANCE OF DROUGHT -TOLERANT LANDSCAPING FOR
FUTURE ISLAND LANDSCAPING.
Mr. Folkers stated he had received favorable responses to
the drought -tolerant landscaping and added that staff
would like to proceed with this landscaping on other
medians throughout the City.
Councilman Wilson stated he could see extending it down
Fred Waring Drive; however, on Monterey Avenue south of
Fred Waring Drive there are palm trees, turf, and flowers.
He felt the rest of Monterey Avenue should be landscaped
the same as it was between Highway I11 and Fred Waring
Drive, with the drought -tolerant down Fred Waring.
Councilman Crites suggested perhaps a mix of both types
of landscaping could be done. He also felt certain areas
could be taken and landscaped with a particular flavor or
theme; i.e., one median could be landscaped all with
plants from one section of the desert. He added that The
Living Desert would be willing to assist in this project.
Councilman Crites moved to, by Minute Motion: 1) Authorize the
City Clerk to file a Notice of Completion for Contract No. 00-121
(1102) - Landscaping of medians on Fred Waring Drive from Monterey Avenue
to Town Center Way; and 2) Approve the concept of drought -tolerant
landscaping for future island landscaping where appropriate. Motion was
seconded by Wilson and carried by unanimous vote of the Council.
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XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Mr. Altman requested a Closed Session under
Government Code Section 54956.9 (c) for the purpose
of discussing pending litigation.
2. Civic Center Site Plan
Mr. Altman discussed in detail the Civic Center Site
Plan.
Mayor Pro-Tem Benson commended Mr. Altman for his
excellent presentation of this plan to the Chamber of
Commerce and stated that it was very favorably
received.
Mr. Ortega discussed the agreement for the Sheriff's
Department Substation and stated that the County was
waiting for the City to decide on a site. He added
that both the Redevelopment Agency's Legal Counsel
and County Counsel had been working on the final
details of the agreement.
Councilman Wilson asked whether the County would
always own the Sheriff's Substation or whether down
the road the City could use it.
Mr. Ortega responded that there would be provisions
in the agreement as to how to deal with that issue.
The City would have the option of using the facility,
but they would have to be compensated because we
would initially use County pass -through funds to
complete it.
Councilman Snyder moved to approve the project In concept.
Motion was seconded by Crites and carried by unanimous vote of the
Council.
B. CITY ATTORNEY
None
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. Councilman Wilson stated he had recently seen some
development on the west side of Monterey and felt
there should be some interfacing between the cities
of Palm Desert and Rancho Mirage to ensure that the
proper type of development goes In that area,
especially as it is Palm Desert's North Sphere. He
suggested that staff be directed to plan a Joint
meeting at the beginning of the year with the City
Council and Planning Commission members from each
city to discuss this matter.
Mayor Pro-Tem Benson suggested hosting a dinner and
asking what is being planned by Rancho Mirage for
that area.
With Council concurrence, staff was directed to plan a
dinner with Rancho Mirage officials for the first of the year to
share ideas for the North Sphere area.
2. Councilman Wilson stated that a letter had been sent
to the City from the Desert Sands Unified School
District indicating a new law had been enacted by
the State which would go into effect on January 1,
1987, and the District would be responsible for
levying school fees. He asked if there was some
action that should be taken by the Council before
the first of the year.
Mr. Phillips stated that he had just reviewed the
law and as of January 1, 1987, all cities are
preempted from imposing school impact fees. He said
the Council could adopt a resolution rescinding the
school impact fee ordinance previously adopted but
that he did not feel is was necessary to do so. The
School District was asking the City to adopt a
resolution which would provide that if for some
reason the new law does not continue in effect, the
City's old school impact fee ordinance would be put
back into effect automatically. However, he did not
recommend that such a resolution be adopted. He
added that the City was also being asked to assist
the School District in auditing the amount of fees by
determining the number of square feet for residences
and commercial buildings.
16
MINUTES
ADJOURNED/REGULAR PALM DESERT'CiTY COUNCIL MEETING
• • • • • • • • • • • •. • • • • • •
DECEMBER 11, 1986
• • • • • • •
Mr. Phillips added that the City's only involvement
would be as far as building permits which could
not be issued until a certificate is received from
the School District stating that the fees have been
Paid.
Councilman Crites expressed concern that the City's
Processing of building permits would be slowed down
due to having to wait for these certificates from
the School District.
Councilman Snyder suggested that the City Attorney be
directed to look into the legal ramifications of both adopting and not
adopting a resolution such as requested by the School District, and the
Council concurred.
3. Mayor•Pro-Tem Benson stated that the Planning
Commission had directed staff to look at the zoning
and permitted uses in that zoning for the corner of
Highway III and Larkspur. She felt the zoning for
the rest of Highway 111 should also be reexamined.
Mr. Diaz stated that staff was preparing an ordinance
to prohibit wholesale distribution or sales within
the C-1 area and that a public hearing would be
scheduled for some time in January or February.
4. Mayor Pro-Tem Benson expressed concern with trash
bins not being recessed into the ground at the new
fire station and at the Presidents' Plaza shopping
center.
Mr.' Ortega stated that the trash bin at the fire
station was just a temporary one and that the
permanent bin would be recessed.
Councilman Wilson added that the bins at Presidents'
Plaza were two-thirds under ground but that there
was a problem with the trash being picked up.
Mr. Ortega responded that trash pick up had been
Increased In the previous two weeks.
XIV. ORAL COMMUNICATIONS - 8
None
17
MINUTES
ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1986
• • • • • • • • • • • • . • • • • • • • • • • • • •
Mayor Pro-Tem Benson adjourned the meeting at 5:55 p.m. to Closed
Session under Government Code Section 54956.9 (c) for the purpose
of discussing pending litigation. She reconvened the meeting at
6:15 p.m. and immediately recessed for dinner with no action taken
or announced.
Mayor Pro-Tem Benson reconvened the Council meeting at 7:10 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVIi. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. RESOLUTIONS OF APPRECIATION for Michele Condon and Diane
Adams for Outstanding Community Service.
Mayor Pro-Tem Benson read the Resolutions of Appreciation
and presented them to Ms. Michele Condon and Ms. Diane
Adams. She said that these young ladies had witnessed a
purse snatching and called 9-1-1 to report the license
plate number, which resulted in the Palm Desert Police
catching the perpetrators. She commended them for their
quick action, especially in these times when so many
people are afraid to become involved.
Lt. Mike Lewis of the Palm Desert Police also thanked
them and stated that they had to leave work several times
because of this incident and were not compensated. On
behalf of Crime Stoppers, a citizens groups working with
law enforcement agencies, he presented each with $250 for
their efforts In this case.
B. PRESENTATION OF SERVICE AWARDS to City Employees Pat
Conlon, Ray Diaz, Rudy Dominguez, Phil Joy, Steve Smith,
and Ken Weller for Five Years of Service and to Larry
McAllister, Joe Pudis, and Linda Russell for Ten Years of
Service.
Mayor Pro-Tem Benson stated that the Council was very
proud of all the City employees and added that when we
lose an employee it is usually because he or she is
leaving the area. She presented five-year service pins
to Pat Conlon, Ray Diaz, Rudy Dominguez, Phil Joy, Steve
18
MINUTES
ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1986
• •, • • • • • • • • • • • • • • • • • • • • • • •
Smith, and Ken Weller. She also presented ten-year
service pins to Larry McAllister, Joe Pudis, and Linda
Russell.
C. CONSIDERATION OF APPOINTMENT to Planning Commission to
Fill Unexpired Term of Buford A. Crites.
Mayor Pro-Tem Benson presented outgoing Planning
Commissioner/Councilman Crites with a plaque of appre-
ciation for his service as a Planning Commissioner from
October 1981 to November 1986 and stated that all citizens
of Palm Desert should be proud of what he did on the
Planning Commission. She said a lot of the good planning
seen around the City was a result of his efforts and
added that she knew he would carry on with these efforts
for the next four years.
Councilman.Wilson suggested that a subcommittee of the
Council be appointed to go through the many applications
for Planning Commission and select three to five to be
interviewed by the entire Council.
With Council concurrence, Mayor Pro-Tem Benson and Council
Crites were appointed to serve on the subcommittee to select applicants
to be interviewed for the Planning Commission vacant seat.
XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF APPEAL OF ARCHITECTURAL REVIEW COMMISSION
DECISION TO PERMIT FREE STANDING BUSINESS IDENTIFICATION
SIGN - CLEVE'S RESTAURANT, APPELLANT (Continued from
Meeting of November 13, 1986).
Mayor Pro-Tem Benson noted that this was a continued public
hearing.
Mr. Diaz stated that this matter had been continued to
this meeting so that staff could provide additional
information to the Council relative to the requested
sign. He distributed plans which showed the placement of
the sign on the building and stated that the total
signage for the restaurant would fit within the City's
code. He added that the applicant did not plan to remove
the sign presently on the building but Instead wished to
have a free standing sign which would assist in separating
traffic going to the hotels from that going to the
restaurant. He stated that the Architectural Review
Commission did not like the original plan which included
19
MINUTES
ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING
DECEMBER 11, 1986
• • • • • • • • • • • • • • • • • • • • • • • • • •
"breakfast, lunch, and dinner" on the sign. and staff was
recommending that the sign just read "Cleve's" or "Cleve's
Restaurant".
Mayor Pro-Tem Benson invited testimony in FAVOR of or OPPOSED
to this request.
MR. ROBERT STEWART, 73-350 El Paseo, spoke as the repre-
sentative for the applicant and urged Council's approval
of the requested sign.
MR. SANDY BAUM, 45-800 Deep Canyon, stated that esta-
blishments would lose business without signs and that he
felt signage should be part of the whole development plan.
Mayor Pro-Tem Benson declared the public hearing closed.
Mayor Pro-Tem Benson expressed concern with removing
"breakfast, lunch, and dinner". She felt it would be
appropriate to have this wording as the restaurant sits
between two hotels.
Mr. Diaz responded that staff was trying to encourage
restaurant operators to use other means of advertising
such as newspaper and the Yellow Pages.
Councilman Wilson added that one of the original
intentions of the sign ordinance was for signs to be used
for identification purposes instead of advertising.
Councilman Crites expressed concern with the height of
the sign and asked if it could be lowered.
Mr. Diaz responded that the City's code allowed a maximum
height of 12 feet, and this sign would not be that high.
He added that the applicant felt the trees would have to
be trimmed back 1f the sign were any lower than proposed.
Councilman Snyder moved to approve the sign in concept and
direct staff to work with the applicant and look at the surrounding
landscaping to see if it would be possible to lower the height of the
sign. Motion was seconded by Crites and carried by unanimous vote of the
Council.
MINUTES
ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1986
• • • • • • • • • • • • • • • • • • • • • • • • •
B. REQUEST FOR APPROVAL OF NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM R-1 (SINGLE
FAMILY) TO OP (OFFICE PROFESSIONAL) AND A PRECISE PLAN
FOR A 1 1 , 225 SQUARE FOOT OFFICE BUILDING LOCATED AT THE
SOUTHEAST CORNER OF FRED WARING DRIVE AND FAIRHAVEN DRIVE.
Mr. Ph11 Drell, Associate Planner, reviewed the staff
report In detail, noting that the architecture of the
building would be traditional Spanish/mediterranean.
Mayor Pro-Tem Benson declared the public hearing open and
invited testimony In FAVOR of this request.
MR. CHARLES MARTIN, 73-725 El Paseo, spoke as the
architect, described the proposed building, and asked for
Council's approval.
Mayor Pro-Tem Benson Invited testimony In OPPOSITION to this
request, and none was received. She declared the public
hearing closed.
Councilman Crites stated that residents in the adjoining
lots had asked if they could also change to Office
Professional zoning.
Councilman Snyder responded that when this matter first
came up, the solution was that those people who wanted to
change from R-1 zoning would have to come to the City and
request a change of zone. He stated that it was also
suggested that they discuss this with the rest of the
property owners in that area.
Mr. Drell stated that no specific objections to this
request had been received and that the adjoining property
owners had Just inquired as to whether or not they could
be included in the zone change to Office Professional.
Councilman Crites moved to waive further reading and adopt
Resolution No. 86-122, approving Precise Plan 86-48 subject to
conditions. Motion was seconded by Snyder and carried by unanimous vote
of the Council.
Councilman Crites moved to waive further reading and pass
Ordinance No. 490 to second reading. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
21
MINUTES
ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11. 1986
• • . • • • • • • • • • • • • • • . • • • . * • •
C. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND ZONE
CHANGE FROM R-I, S.P. TO PR-2, SP.O. TO ALLOW CONSTRUCTION
OF A RESIDENTIAL PROJECT LOCATED ON A TRIANGULAR SHAPED
PARCEL DIRECTLY SOUTHEAST OF THE INTERSECTION OF MESA
VIEW DRiVE AND HIGHWAY 74, ALSO KNOWN AS APN 631-080-003
AND 004 (DR. G. ROBERT ROGERS FOR MESA VIEW PARTNERS,
APPLICANT).
Mayor Pro-Tem Benson declared the public hearing open and
asked for staff's report.
Mr. Diaz reviewed the staff report and recommended
approval.
Mayor Pro-Tem Benson invited testimony in FAVOR of this
request.
MR. JOSEPH DUNN, 43-945 San Ysidro, spoke as the repre-
sentative of the owner of this property and offered to
answer any questions.
Councilman Snyder asked if this project was ready to go
if it received Council approval at this time.
Mr. Dunn responded that working drawings still needed to
be completed.
Upon question by Mayor Pro-Tem Benson, Mr. Dunn stated
that one of the units was 3,800 square feet, with the
other two units at 2,700 square feet.
Mayor Pro-Tem Benson invited testimony in OPPOSITION to this
request, and none was received. She declared the public
hearing closed.
Councilman Crites moved to waive further reading and pass
Ordinance No. 491 to second reading. Motion was seconded by Wilson and
carried by unanimous vote of the Council.
Councilman Snyder complimented the builder and staff for
coming up with such a beautiful project and one that would not
crowd everything together.
XiX. ORAL COMMUNICATIONS - D
None
22
(;' •1 i i i . I •
f• ,, I ..
MINUTES
ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1986
• • • • • • • • • • • • • • • • • • • • • • • • •
XX. ADJOURNMENT
Upon motion by Crites, second by Snyder, and unanimous vote of
the Councilmembers present, Mayor Pro-Tem Benson adjourned the meeting
at 9:10 p.m.
ATTEST:
MARY P. FR Z ER, DEPUTY C IgN CLERK
CITY OF PAL DESERT, CALIFORNIA
/Atb
JQIiN M. BENSON, MAYOR PRO-TEMPORE
23
MINUTES
ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1986
• * * • • • • • 0 • • . • • • • • • • * • • • • •
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