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HomeMy WebLinkAbout1986-01-23MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 23, 1986 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Councilman 5. Roy Wilson III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Jean Benson Councilman Walter Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Mayor Pro-Tem Phyllis Jackson Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Kirby J. Warner, Director of General Services Ramon Diaz, Director of Community Services Richard J. Foikers, Director of Public Works V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of November 14, 1985, December 12, 1985, the Adjourned/Regular Meeting of January 9, 1986, and the Adjourned Meetings of November 21, 1985, and December 19, 1985. Rec: Approve as presented. 8. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-065 and 86-071. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Teejay Corporation for The French Quarters, 74-155 El Paseo, Palm Desert. Rec: Receive and file. D. RESOLUTION NO. 86-4 - 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. E. REVENUE AND EXPENDITURE REPORT for Period Ending November 30, 1985. Rec: Receive and file. F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1089 - Traffic Signal Improvements at San Pablo Avenue/Fred Waring Drive and Monterey Avenue/Parkview Drive. Rec: By Minute Motion, accept the work for Contract 1089 as complete and authorize the City Clerk to file a Notice of Completion. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 1084 - Frontage Road Superbiock. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the Frontage Road Superbiock contract (No. 1084). H. REVIEW AND CONFIRMATION of Investment Policy. Rec: Waive further reading and adopt Resolution No. 86-5 reaffirming the City of Palm Desert Investment Policy. I. REQUEST FOR APPROVAL of Final Tract Map 20960. Rec: Waive further reading and adopt Resolution No. 86-6 approving Tract Map 20960. 2 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • a • • a • • • • a a • • • • • • • a • • • • J. REQUEST FOR RATIFICATION of Election of Two Officers to the El Paseo Improvement Area Board of Directors. Rec: By Minute Motion, appoint Carl Martin and Warren Hickey to 3-year terms and Harry Hoyt to fill the unexpired term of Rob Claiborne. K. RESOLUTION NO. 86-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE TRANSFER OF GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM FROM SAN PABLO PARK TO THE PALM DESERT SENIOR CENTER BOWLING GREEN. Rec: Waive further reading and adopt. L. RESOLUTION NO. 86-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 84-103 AND AUTHORIZING THE APPLICATION FOR CITY CREDIT CARDS AND SIGNATURES THEREFOR. Rec: Waive further reading and adopt. Mrs. Gilligan requested that the November 14, 1985, Minutes under Item "A" be continued for one more meeting. Mr. Altman requested that Item "L" be removed for discussion under Section IX of the Agenda. Councilman Snyder moved to approve the Consent Calendar as presented except for the November 14, 1985, Minutes in Item "A" and Item "L". Councilmember Benson seconded the motion. Motion carried by unanimous vote. VI. ORAL COMMUNICATIONS - A MS. ALANA TOWNSEND, 43-082 Silktree Lane, Palm Desert, addressed Council in opposition to the construction of Magnesia Fa 1 1 s Drive as an access road to the new Palm Desert High School. She stated that the item on the Agenda dealing with this subject was not listed as a public hearing, and she asked if she and her neighbors would have an opportunity to address the issue. She also said that many of her neighbors were under the impression that the item would be discussed at 7 p.m. and were not in attendance. 3 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • With Council concurrence, Mayor Kelly continued discussion of Item C under Old Business until the 7 p.m. portion of the meeting and advised Ms. Townsend that Council would accept public testimony. MS. MILLIE BIRD, 47-967 Sun Corral, Palm Desert, addressed Council as a member of the Frfends of the Library at C.O.D. and asked if she would be allowed to speak during the discus- sion of the report from the Library Subcommittee. Mayor Kelly responded that she could speak. VII. RESOLUTIONS A. RESOLUTION NO. 86-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING PARKING ALONG HIGHWAY 111 FROM THE EAST CITY LIMITS NEAR THE EMBASSY SUITES TO THE WEST CITY LIMITS NEAR PARKVIEW DRIVE/PAINTERS PATH. Mr. Folkers reported that at Council's direction, he had taken this to the Technical Traffic Committee. This group felt the request was valid and that Caltrans should be the organization delegated the responsibility of actually painting the curbs. Councilmember Benson asked about regulations dealing with vehicles parked in the superblocks being displayed "for sale". Mr. Allen responded that the proposed resolution would not prohibit that type of activity but that it was already prohibited by ordinance. He said he would sit down with Councilmember Benson to determine the exact location of this violation. Upon motion by Benson, second by Snyder, Resolution No. 86-9 was adopted by unanimous vote. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 448 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA, PROHIBITING SKATE- BOARDS AND SIMILAR DEVICES ON ROADWAYS WITHIN BUSINESS DISTRICTS. (Continued from Meeting of December 19, 1985.) 4 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • • • • • • • • • • • • • • • • a • • • • • • Mayor Kelly pointed out that the City Council had received a petition of opposition to this ordinance from 47 Palm Desert students. He suggested that a committee sit down with these young people and listen to their input and to mitigate their concerns. Councilman Wilson moved to direct the Mayor, the City Manager, the Code Enforcement Supervisor, and a representative of the Police Depart- ment to meet with the young people submitting the petition and to report the results of this session at a future Council meeting. Councilmember Benson seconded the motion. Motion carried by unanimous vote. Mayor Kelly stated this was a good way to get young people involved and working in their government. For Adoption: A. ORDINANCE NO. 450 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 5.84 OF TITLE 5 AND ENACTING A NEW CHAPTER 5.84 PERTAIN- ING TO SOLICITATION AND FUND RAISING ACTIVITIES. Mr. Altman reported that this was second reading of the ordinance, and no further input had been received since its first reading. Upon motion by Benson, second by Snyder, Ordinance No. 450 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER L. RESOLUTION NO. 86-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 84-103 AND AUTHORIZING THE APPLICATION FOR CITY CREDIT CARDS AND SIGNATURES THEREFOR. Mr. Altman stated that since the proposed resolution had been prepared, Mayor Kelly had indicated a desire to have his name deleted as an authorized user/signer. Upon motion by Benson and second by Snyder, Resolution No. 86-8, amended to delete Mayor Richard S. Kelly's name, was adopted by unanimous vote. 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • • • • a a • • a • • • IF a a a • a • • • • • RESOLUTION NO. 86-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLU- TION NO. 85-72 BY CHANGING TWO POSITIONS FROM OVERTIME TO EXEMPT STATUS. Mr. Altman noted that this proposed resolution had been inadvertently included as part of the staff report on the credit card resolution. He asked that Council consider its adoption at this point in the agenda since it was not listed as an agenda item. Upon question by Councilman Wilson, Mr. Altman responded that the two positions listed in the resolution were already working under the provisions set forth. This change should have been Included in the original resolu- tion, 85-72, and had been omitted. Upon motion by Wilson, second by Benson, Resolution No. 86-15 was adopted by unanimous vote. X. NEW BUSINESS A. REOUEST FOR EXCEPTION TO 30 FOOT HEIGHT LIMITATION FOR ELEVATOR TOWER AT AGGIES RESTAURANT LOCATED WITHIN PALMS TO PINES VILLAGE (CARL'S JR. CENTER). Mr. Diaz reviewed the staff report and advised that in accordance with a recently adopted Council policy that it wanted to review such requests on an individual basis, staff had presented it along with justification for approval. Upon question by Councilman Snyder, he advised that the Palm Desert Property Owners Association had reviewed and approved the request. Councilman Snyder moved to, by Minute Motion, approve the three foot height exception for elevator tower. Councilman Wilson seconded the motion. Motion carried by unanimous vote. B. REPORT AND RECOMMENDATION FROM LIBRARY STEERING COMMITTEE. At the earlier request of Ms. Bird, discussion of this item was continued to the 7 p.m. portion of the meeting. 6 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23. 1986 • • • • • • • • • • • • • • • • • • • • • • • • • C. CONSIDERATION OF SUMMARIES AND RECOMMENDATIONS OF THE YEAR 2000 COMMITTEE. Mr. Altman reviewed the various meetings that had been held to formulate the report and recommendation now before the City Council. He said that this report would now go to the Blue Ribbon Committee for its review and recommen- dation before final Council action. Councilman Wilson complimented the report but said that it appeared as though two recommendations made in it should be acted on at this point in time. Those items were the recommendation on hillside development which said the City should proceed with an aggressive annexation policy on its westerly and southerly boundaries where undesirable development might occur, and secondly, the recommendation of the Commercial Committee to appoint an economic advisory committee to assist with the economic study currently being prepared. Councilmember Benson agreed and said that the committee should be comprised of no more than seven or eight people appointed right away to work with the economic consultant. Councilman Wilson moved to, by Minute Motion: 1) adopt the overall philosophy of the Year 2000 Committee which includes the recommendations set forth by the subcommittees as viable and necessary for the direction and growth of the City; 2) direct staff to move forward immediately with the recommendtions from the Hillside Committee and Commercial Committee as outlined; and 3) direct staff to pursue the feasibility and/or implementation of such recommendations. Councilmember Benson seconded the motion. Motion carried by unanimous vote. D. REQUEST FOR APPROVAL OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF PORTOLA AVENUE STORM DRAIN PROJECT. Mr. Altman said that it was necessary for Council to officially approve these plans to let the Water District know it was what the City wanted. Mr. Folkers added that after a walk-through with potential contracts which produced some amendments to specifications, the bid opening date had been changed to February 18th. Upon question by Benson, Mr. Folkers said that in response to concerns raised by tenants of a mobllehome park near 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • this project, turn lanes had been modified and made part of the specifications. Mr. Altman noted that traffic rerouting will be critical to this project and that staff was considering residents, business owners, and motorists in this type of planning. The Arco station owner had expressed the same concerns as the staff had and special consideration was now being given to this business to ensure low impact. Councilman Snyder moved to, by Minute Motion, approve the plans and specifications for the construction of the Portola Avenue Storm Drain Project. Councilmember Benson seconded the motion. Motion carried by unanimous vote. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 FOR CONTRACT NO. 1047 - HOMESTEAD ROAD/ALAMO DRIVE STORM DRAIN. Councilman Wilson moved to, by Minute Motion, approve Change Order No. 1 in the amount of $23,208.22 and appropriate $17,623.19 for payment of invoices involved with Change Order No. 1 for engineering services entailed with the Homestead Road/Alamo Drive project. Councilman Snyder seconded the motion. Motion carried by unanimous vote. B. UPDATE ON COUNCIL REQUEST FOR PLANNING CONSULTANT FOR NORTH SPHERE. Mr. Diaz reported that when staff sat down to address this request from Council, it considered four things: 1) what will be the recommended charge of the planning consultant; 2) how will the consultant interface with the economic consultant; 3) how will the consultant interface with staff; and 4) what will be the selection process. Staff recommended that an independent specific plan be prepared for the City's northern area, utilizing input from the economic consultant, Council, Commission, planning committee, and public hearings. The plan should 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • be prepared in two phases -- policy plan phase and land use plan phase -- within a 12-month time period. Secondly, it was recommended that the planning consultant use the input of the economic consultant with regard to issues he is addressing on what uses are economically viable, desirable, and where they should be located. Thirdly, staff recommended tht it only administer the contract since what the City was seeking was a consul- tant's point of view and not a parroting of staff's view. Staff could then review the documents and comment at hearings, if appropriate. Fourthly, the recommended selection process would be: 1) form a selection committee comprised of two Council - members, two Planning Commissioners, City Manager, Assistant City Manager, Public Works Director, and Planning Director; 2) direct the Community Development Department to prepare an R.F.P. to be reviewed by said committee; 3) limit the firms solicited to those in southern California; and 4) form a Planning Committee comprised of a member from each 2000 Committee and major property owners from the area. Mr. Diaz concluded by recommending that Council direct staff to proceed with preparation of the RFP and to have it completed by February 26th, to form the committee and name two Councilmembers, and allow the committee to proceed with approving and mailing the RFP. Councilman Wilson said he agreed with everything stated but felt limiting consultants to just those in southern California was limiting the City's possibilities. He said it was as easy to get here from northern California by air as it was to get here from the L.A. and Orange County area. He said the horizons might be broadened. Councilmember Benson said she felt the urban report should be done before the economic report. Mr. Diaz responded that in Council's receiving the economic report first, the planning consultant can eliminate anything Council doesn't want. Councilman Wilson moved to direct staff to proceed with the request Illas outlined by Mr. Diaz with the exception that it Is expanded to include 9 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • • • • • • • • • • • • • • • • • • • • a • • proposals from northern California. Councilman Snyder seconded the motion, and it carried by unanimous vote. Mayor Kelly appointed Council - members Benson and Wilson to serve on the RFP committee. AT THIS POINT, MAYOR KELLY CALLED FOR THE REPORT ON THE LIBRARY STEERING COMMITTEE WHICH HAD BEEN CONTINUED UNTIL REPRESENTATIVES ARRIVED. B. REPORT AND RECOMMENDATION FROM LIBRARY STEERING COMMITTEE. Dr. Henry Burnett, College of the Desert, addressed Council and stated that they had been working on this document over the summer and that important input had been received from both the college and the County. He said the C.O.D. Board of Trustees had adopted and endorsed this project as presented to them on January 6th. In addition, the Administrative Council of Cal State San Bernardino had approved it. He reviewed the report in detail and supported the recommendation made by City staff. Councilman Wilson said there was much enthusiasm from all agencies involved, and he was impressed with the study done. He felt it was very thorough, very realisitic, and yet cautious and conservative. MS. MILLIE BIRD, 47-967 Sun Coral, Palm Desert, spoke as representative of Friends of the C.O.D. Library. She said Riverside County and Public Libraries had a policy of circulat- ing its books while C.O.D. did not. She felt a conflict might arise from this. Mr. Altman responded that this was just one of many possible conflicts that would be worked out through and with the consultant before a final recommendation could be made to the City Council. He assured her that a great deal more study would be accomplished prior to that. Councilman Wilson moved to, by Minute Motion, authorize staff to retain a consultant or consultants to complete a feasibility study on the joint library concept. MAYOR KELLY NOTED THAT THIS ITEM WOULD BE CONTINUED TO THE EVENING PORTION OF THE MEETING TO ACCOMMODATE RESIDENTS WHO WISHED TO SPEAK TO THE ISSUE. 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • • • • • • • • • • • • • JANUARY 23, 1986 • • • • • • • • • • • • C. REQUEST FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT FOR THE HIGH SCHOOL ACCESS ROAD PROJECT. See second portion of Agenda and Minutes. 0. REQUEST FOR APPROVAL OF THE CITY OF PALM DESERT ASSUMING THE ROLE OF LEAD AGENCY IN THE CONSTRUCTION OF THE COOK STREET EXTENSION. Councilman Wilson moved to waive further reading and adopt Resolu- tion No. 86-10, authorizing the City of Palm Desert to act as lead agency in the construction of the Cook Street extension improvements. Council- man Snyder seconded the motion. Motion carried by unanimous vote. Mayor Kelly adjourned at 6 P.M. for dinner break. Mayor Kelly reconvened the meeting at 7 p.m. X1II. (X11.) COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION C. REQUEST FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT FOR THE HIGH SCHOOL ACCESS ROAD PROJECT. The following individuals spoke against Magnesia Falls Road being made the access road because of concerns about its feasibility as access, increased traffic to their residential neighborhood, and a need for more information about the road construction: MR. TOM FLANNIGAN, 43-081 Silk Tree, Palm Desert. MRS. IRLENE PERELLI, 74-479 Buttonwood, Palm Desert. MS. ALANA TOWNSEND, 43-082 Silk Tree, Palm Desert. MR. JOHN BLESH, 43-080 Buttonwood, Palm Desert. Mr. Altman reviewed the history of the originally proposed road and the lawsuit filed to accomplish its relocation. He noted that when this project was proposed as an alternative, it was done with concern to closing off streets now having access to Magnesia Falls, cul-de-sacing others, etc. to mitigate traffic problems. He said the City was in a Catch 22 situation in that the high school would open in the fall of this year, and access must be completed by then. 11 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson pointed out that Magnesia Falls Road had been a four lane, master -planned road from Monterey to Cook Street since 1975 and that while it now would provide access to the high school, it was not a new plan for the street. Mayor Kelly suggested a meeting with homeowner representatives, School District representatives, and staff to see if questions could be answered and concerns eliminated. Councilman Snyder moved to direct the Mayor and staff to meet with the homeowners and District officials to resolve concerns and problems and to further authorize the Mayor to execute an agreement with Morse Consulting Groups in the amount of $29,400 if the meeting were success- ful. Councilmember Benson seconded the motion. Motion carried by unanimous vote. XIV. ORAL COMMUNICATIONS - B MR. SANDY BAUM, 45-800 Deep Canyon Road, read a prepared statement (on file and of public record in the City Clerk's Office) in support of Airport Limo Service and its complaint hearing before the P.U.C. He asked Councfl's similar support in the form of a letter to the PUC. Councilmember Benson said she too felt competition was healthy and moved to direct the Mayor to write a letter of support. Councilman Wilson seconded the motion, and it carried by unanimous vote. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF DR. ROBERT ROTTSCHAEFER as Representative to the Coachella Valley Mosquito Abatement District. Councilman Snyder moved to appoint Dr. Rottschaefer to this board for a four-year term, and Councilmember Benson seconded the motion. Motion carried by unanimous vote. XVI. PUBLIC HEARINGS A. CONSIDERATION OF AN ORDINANCE, PROHIBITING SMOKING IN CERTAIN PUBLIC AREAS. Mr. Altman reported that Council, at its last meeting, had directed staff to advertise a public hearing for this evening. II He noted Council had been given Cathedral City's ordinance as 12 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 * ; * * S i i i • # i * * i * i i * i f i ; * * well as the one from Rancho Mirage. In addition, he said that Mr. Harry Hoyt had met with him in support of Palm Desert's adoption of the adoption of Rancho Mirage's ordinance. Mayor Kelly declared the public hearing open, and the following individuals spoke in favor of the adoption of an ordinance prohibiting smoking in public places: MR. JAMES BURNETT, 34-777 DeAnza Way, Cathedral City. MR. JOHN PORTER, 6945 Coronado, Riverside. MS. LOIS MALL, 44-155 Largo, on behalf of the American Cancer 8 Lung Associaton. MR. NELSON TIFFANY, Chaparral Country Club, Palm Desert. MS. BARBARA TIFFANY, Chaparral Country Club, Palm Desert. MR. JOHN BAKER, 73-520 Joshua Road, Palm Desert. MR. HARRY HOYT, 72-311 Maryvale, Palm Desert. Mayor Kelly invited input in opposition to the ordinance, and the following spoke. MR. ROMEO PULUQI, restaurant owner, was not against an ordinance but asked concern be given to the businessman it will affect so that it will not be an adverse one. Mayor Kelly declared the public hearing closed. Councilman Wilson said he was surprized that the American Lung Association had not published a list of restaurants that had smoking sections which would single out those that did not and maybe encourage them to make provision for one. He said marketplaces often have a way of righting themselves without the government stepping in and imposing itself. Councilman Snyder moved to form a committee of smokers, non-smokers, and business people, to include any speaker who wished to .loin it, to study the issue and come back with specific recommendations. Councilman Wilson seconded the motion. Motion carried by unanimous vote. B. CONSIDERATION OF EMINENT DOMAIN PROCEEDINGS FOR EASEMENTS REQUIRED IN THE INSTALLATION OF A TRAFFIC SIGNAL AT THE CORNER OF FRED WARING DRIVE AND DEEP CANYON ROAD. Mayor Ke l l y declared the public hearing open_ and asked for staff's report. 13 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 4 ; Mr. Altman reviewed the report and recommendation. Mayor Kelly invited testimony in FAVOR of the request, and none was offered. He invited testimony in OPPOSITION to the request, and none was offered. He declared the hearing closed. Upon question by Council, Mr. Erwin advised that all property owners have been contacted and while some problems still exist and negotiations on those will continue, adoption of the proposed resolution would allow staff to move forward with the project. Councilman Wilson moved to waive further reading and adopt Resolu- tion Nos. 86- 1 1 , 86-- 1 2 , 86- 1 3 , and 86- 1 4, establishing necessity for acquisition of permanent easements at the intersection of Fred Waring Drive and Deep Canyon Road. Councilman Snyder seconded the motion. Motion carried by unanimous vote. C. REQUEST FOR_APPROVAL OF A GENERAL PLAN LAND USE ELEMENT CHANGE FROM MEDIUM DENSITY RESIDENTIAL (5-7) DU/ACRE) TO CORE AREA COMMERCIAL, A CHANGE OF ZONE FROM PR-6 (PLANNED COMMERCIAL, SIX DWELLING UNITS PER ACRE) TO C-1 (GENERAL COMMERCIAL) AND R-3 (7) (MULTIPLE FAMILY, ONE DWELLING UNIT PER 7,000 SQUARE FEET OF LOT AREA) AND DEVELOPMENT AGREEMENT REGARDING THE USE OF THE R-3 (7) AREA AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR APPROXI- MATELY 10.3 ACRES OF LAND BOUNDED BY EL PASEO, SHADOW MOUNTAIN DRIVE, SAN PABLO AVENUE, AND LARKSPUR LANE. B1RTCHER-DUNHAM, APPLICANT. Mayor Kelly noted the hearing was still open. Mr. Diaz advised that the City had received a written request from the applicant for a continuance to the February 27th meeting. Mayor Kelly invited testimony relative to the request, and the following individuals spoke in opposition to it because of concerns for Increased density, increased traffic, multiple -story buildings, and the negative effect it would have on its adjacent residential neighborhood especially if it includes a hotel: 14 1 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 . . . * • . • . • • • . • • • . • . • • • • . MR. JOE MOORE, 73-300 Shadow Mountain Drive, Palm Desert. MR. BERNIE LEUNG, 73-191 Shadow Mountain Drive, Palm Desert. MR. RUSSELL PETERSON, 73-090 Shadow Mountain Drive, Palm Desert. MR. HARRY HUNT, 73-580 Juniper Street, Palm Desert. MR. MICHAEL BALLANT, 73-135 Shadow Mountain Drive, Palm Desert. MR. BOB SNDYER, 73-472 Shadow Mountain Drive, Palm Desert. MR. JOE MOORE, 73-000 Shadow Mountain Drive, Palm Desert. MR. JOHN BAKER, 73-520 Shadow Mountain Drive, Palm Desert. MS. MARGE POTTS,73-300 Willow Street, Palm Desert. Mayor Kelly invited testimony in FAVOR, and the following spoke: MR. SANDY BAUM addressed Council, not as the applicant's representative, but offering to answer questions if he could as he had been involved in the project since its inception. MR. ROMEO PULUQI spoke and said Council had an obligation to buffer such a project if it was approved. MS. FLORENCE BAKER, 73-520 Joshua Road, Palm Desert. Mayor Kelly noted that no specific project was being considered, just a change of zone. In fact, the current zoning of the parcel allowed for hotel construction. Councilman Wilson moved to continue the item to the meeting of February 27, 1986, and Councilmember Benson seconded the motion. Motion carried by unanimous vote. XVII. REPORTS AND REMARKS A. CITY MANAGER 1. Joint Study Session of Planning Commission 8 Council. Mr. Altman reminded everyone of the meeting scheduled for January 24th which would begin with the ground breaking of the C.O.D. golf academy after which the bus tour would be conducted. 15 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 a a * a • a • • s a • • • • • • a • a • a a a • a 2. Good Samaritan Annexation. Mr. Altman reported that Henry B. Clark had met with him to advise that they would like the City to move forward with the projects annexation to the City as well as to meet and discuss the same process with George Marzicola. Councilman Wilson moved to direct staff to proceed with annexation of the Good Samaritan project as well as to meet with George Marzicola to discuss the same possibility for his adjacent property Councilman Snyder seconded the motion. Motion carried by unanimous vote. 3. Watering Bills for Medians at Lakes Country Club. Mr. Altman reported that Council had questioned this bill at its last meeting. The bills had been high but covered summer and fall months when more water was needed. 4. Security Guards for Elks Lodge Special Event. Mr. Altman reported that the City's Crime Prevention Officer had recommended that organizers of events such as this be made to hire security officers for their own as well as public protection. After considerable discussion, Mr. Altman said he would take it to the Police Advisory Committee for review, study, and recommendation. 5. CVAG Meetings Mr. Altman reminded Council and staff of two upcoming CVAG meetings and encouraged all to attend. B. CITY ATTORNEY Mr. Erwin reported that he was working on a report and proposed ordinance dealing with convenience stores, and both should be ready for presentation by the next meeting. 16 1 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 23, 1986 • • • • a • • • • • • • • • • • • • • • • * • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilmember Benson said she had received a complaint about the cleanliness of our restrooms at the Sports Complex and Community Parks to the extent that our residents were using the Rancho Mirage Park because of it. Mr. Altman responded staff would investigate and correct any problems. 2. Councilman Wilson stated he objected to the C.V.T.V. rate increase but realized the City had no control over it. He also stated his objections to the cutting out of two L.A. channels in prime time. Mayor Kelly expressed the same opinions and asked whether or not CVAG had ever looked into the issue. He suggested that the matter be placed on the next City Council Agenda for possible referral to CVAG if staff was able to determine that it had not already undertaken it. XVIII. ADJOURNMENT Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 9:05 p.m. ATTEST: '�/, —SHEILA R. GIL11GAN, CITCLERK CITY OF PALM DESERT, CALIFORNIA 1 V;_ei,,,/ilizde RICHAR —S. KELLY, MAYOR 17