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HomeMy WebLinkAbout1986-05-22s • • • is • MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MAY 22, 1986 CIVIC CENTER COUNCIL CHAMBER • • • s • s • • • • • • • s s s s • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Councilmember Jean Benson 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 Carlos Ortega, Assistant 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 V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 8, 1986. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 86-105 and 86-111. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 22, 1986 • • a * • • a • • • • • • • • • a a • • it • • • • C. REQUEST FOR FINAL APPROVAL of Parcel Map 20894, Bircher-Dunham, Applicant. Rec: Waive further reading and adopt Resolution No. 86-46, approving Parcel Map 20894. D. REQUEST FOR APPROVAL TO GRANT UTILITY EASEMENT AT PORTOLA FIRE STATION SITE. E: Rec: By Minute Motion, approve the granting of the Utility Easement at the Portola Fire Station site, allowing Southern California Edison the ability to construct an underground electrical supply system and communication system on the property. CLAIM AGAINST THE CITY (#020) by Tiffany Michelle Barkman in the Amount of $150,000 as of April 24, 1986. Rec: By Minute motion, deny Claim No. 020 and instruct the City Clerk to so advise the Claimant. Upon motion by Snyder, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 86-47 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING F. LIGHTING ASSESSMENT DISTRICT NO. 5 IN FISCAL 1986-87. (Cook Street/Country Club Drive Medians.) Upon motion by Wilson, second by Snyder, Resolution No. 86-47 was adopted by unanimous vote of the Council. 2 MINUTES IADJOURNED/REGULAR CITY COUNCIL MEETING MAY 22, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • 1 1 B. RESOLUTION NO. 86-48 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 1980-1 IN FISCAL 1986-87. (Presidents' Plaza) Upon motion by Snyder, second by Benson, Resolution No. 86-48 was adopted by unanimous vote of the Council. C. RESOLUTION N0. 86-49 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING & LIGHTING ASSESSMENT DISTRICT NO. 4 IN FISCAL 1986-87. (Parkview Estates) Upon motion by Benson, second by Wilson, Resolution No. 86-49 was adopted by unanimous vote of the Council. D. RESOLUTION NO. 86-50 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING & LIGHTING ASSESSMENT DISTRICT NO. 2 IN FISCAL YEAR 1986-87. (Lewis Homes - Canyon Cove) Mr. Altman reported that staff was still in the process of working with the developer and residents, but he asked Council to set the public hearing. Upon motion by Snyder, second by Benson, Resolution No. 86-50 was adopted by unanimous vote of the Council. E. RESOLUTION NO. 86-51 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 81-3 IN FISCAL 1986-87. (Lewis Homes - The Vineyards) Upon motion by Wilson, second by Benson, Resolution No. 86-51 was adopted by unanimous vote of the Council. F. RESOLUTION NO. 86-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE TIME AND PLACE FOR THE HOLDING OF ITS REGULAR MEETINGS. Councllmember Benson said she would prefer waiting until a full Council was present before permanently changing 3 MINUTES ADJOURNED/REGULAR CiTY COUNCIL MEETING MAY 22, 1986 * „ s s s a it a s it s s it * i i a * a a a a s i a the meeting times. She personally preferred study session because it provided an informal dialogue with staff members. She said Palm Desert was the only city in the valley which did not have study session, and she personally felt she was losing touch with staff as well as with the community because they did not attend the 4 p.m Council meeting. She reminded Council that its first members had established the 7 p.m. meeting time in an effort to get the public out to the meetings. She suggested that a specific format be adopted for study session agenda to eliminate concern about Councfl's coming to a consensus in these meetings on items to be considered in the formal meeting. Councilman Snyder concurred with Ms. Benson's statements and said he preferred having study sessions for the informal meeting with staff he felt they provided. Councilman Wilson said he did not know of anything discussed in study session that could not be handled as effectively in the formal meeting. He said that even though the study sessions were open to the public, the public had a tendency to wonder if it was O.K. to attend. Councilman Wilson moved to continue action on the proposed resolu- tion until all five members of the Council were present. Motion died for lack of a second. Mayor Kelly said he thought Council should keep the meetings at 4 p.m. because of his concern that Council came too close to indicating decisions in the study sessions. He said a lot of people were inhibited from attending study sessions, while more were inclined to attend the formai meetings in the Chamber. He said all discussion should be in front of the public. Councilman Wilson moved to table the resolution, and Councilman Snyder seconded the motion. Motion carried by unanimous vote. Council - members agreed to continue with the 4 p.m. start time for further trial. 1 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETINGI MAY 22, 1986 • • • • • • a • a a a • s • • a a a • a • • a • • 1 G. RESOLUTION NO. 86-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING PREANNEXA- TION ZONING OF PR-7 S.O., A PRECISE PLAN, CONDITIONAL USE PERMIT, PARCEL MAP, AND DEVELOPMENT AGREEMENT FOR A 556-UNIT SENIOR HOUSING PROJECT PROPOSED FOR 23 ACRES ON THE NORTH SIDE OF FRED WAR I NG DRIVE, 1,400 FEET EAST OF COOK STREET. CASE NOS: C/Z 85-12, PP/CUP 85-47, PM 21142 8 DA 86-4. Mr. Diaz reported that this resolution implemented the action taken at the last Council meeting subsequent to a public hearing on the issue. Councilman Wilson noted a memo from the City Clerk which presented the applicant's request for reconsideration. Mr. Erwin addressed the request in the letter by stating that when Council closed the public hearing at its last meeting, it ended that particular process as it relates to that particular project. He said he did not feel Council should reopen the hearing without going back through the system, particularly if the project to be presented was substantially dissimilar. Upon motion by Councilman Snyder, second by Councilmember Benson, Resolution No. 86-53 was adopted by unanimous vote of the Council. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 466 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 10.76 AND ADDING A NEW CHAPTER 10.76 TO THE PALM DESERT MUNICIPAL CODE WITH RESPECT TO GOLF CARTS ON LOCAL HIGHWAYS. Mr. Altman stated that this amendment had been prepared at the request of Mayor Kelly and if Council was interested in pursuing it, he recommended that it be continued until the Police Department had an opportunity to review and give input on it. 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 22, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to table the ordinance until it had substan- tial review by law enforcement officials and until it contained substantially different information. Counciimember Benson seconded the motion. Motion carried by unanimous vote. For Adoption: A. ORDINANCE NO. 464 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT CONTROLLING RENTS FOR A 26 UNIT HOUSING DEVELOPMENT ON 3.2 ACRES LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE. Upon motion by Snyder, second by Wilson, Ordinance No. 464 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REQUEST BY THE BOB HOPE CULTURAL CENTER FOR CONSIDERATION OF ADOPTION OF ELTHAM, ENGLAND, AS SISTER CITY TO PALM DESERT. Councilman Snyder moved to direct staff to proceed with the adoption of Eltham, England, as Sister City to Palm Desert. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, RALPH WOOD, APPELLANT. Mr. Diaz presented the staff report and recommendation. With Council concurrence, Mayor Kelly allowed the following public testimony. MR. SCOTT McCLANNAHAN, 74-399 Highway 111, spoke on behalf of Deep Canyon Tennis Club and requested a continuance. MR. CHARLES MARTIN, on behalf of the Architectural Review Commis- sion, said that the matter had gone on so long that it was in his opinion becoming almost harassment to the property owner who had 6 1 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 22, 1986 • • • • • • • • • • • • • a • a • • • • • a • • • built the fence in accordance with every requirement the City had set forth for him. He said the matter had been continued at the Commission level at the request of the appellant, and he saw no need for further delay. He urged Council's support of the Architec- tural Review Commission decision. MR. PIZULA, 72-890 Amber Street, spoke as the owner of the fence in question. He said he had complied with every City requirement and felt at this point he was being harassed. He said the shrubbery required had been planted and would eventually cover the fence. MR. McCLANNAHAN said that the issue was not black and white. He pointed out the negative aesthetic affect the fence had on adjacent property owners which he felt substantiated his client's appeal of its construction. Councilman Wilson said that the evidence set forth indicated that the owner had followed all legal paramenters and had obtained all necessary permits and approvals. He did not see justification in upholding the appeal. Councilman Snyder concurred. Councilman Wilson moved to adopt Resolution No. 86-54, denying the appeal. Motion was seconded by Benson and carried by unanimous vote of the Council. C. PRESENTATION OF PRELIMINARY CONCEPTS ON A DEVELOPMENT PROPOSAL FOR A RETAIL/RESORT COMMERCIAL DEVELOPMENT OF SOME 90,836 SQUARE FEET ON A 9 ACRE SITE, ZONED PC (4) AND LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 11l AND FRED WARING DRIVE (JOE SEITZ, APPLICANT). Mr. Diaz said that following directives from the Council with regard to projects in "sensitive" areas, the Planning Commission had instructed this applicant to bring his plans to the City Council for review and direction about five concerns it had and as outlined in the staff report. MR. JOE SEITZ, project owner, and MR. BRUCE GREEN, project architect, reviewed the proposed plans for the project which included a large specialty market, two drive -through restaurants, a bank, and specialty stores. MR. JOE GUERRA, Santa Barbara, responded to questions with regard to the specialty market. 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 22, 1986 • • • • • • • a • • • • • • • • • • • • -a •• • • a Councilman Snyder said he had problems with the proposal and felt that Council needed to talk with staff and an opportunity to look at it in more depth with staff. D. REQUEST FOR AWARD OF LANDSCAPE CONTRACT FOR FRED WARING DRIVE MEDIANS BETWEEN TOWN CENTER WAY AND MONTEREY AVENUE. Councilman Snyder moved to, by Minute Motion, authorize the Mayor to enter into a contract with Little Grass Shack Landscape Company in the amount of $35,710 plus a ten percent contingency of $3,571 for the landscaping of the Fred Waring Drive medians between Town Center Way and Monterey Avenue. Motion was seconded by Benson and carried by unanimous vote of the Council. E. CONSIDERATION OF AWARD OF CONTRACT FOR CONSULTING SERVICES FOR PREPARATION OF THE CIVIC CENTER MASTER SITE PLAN. Councilman Snyder moved to continue this matter to the Redevelopment Agency meeting of June 12, 1986. Motion was seconded by II Benson and carried by unanimous vote of the Council. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. STAFF UPDATE ON DIRECTIVES FROM THE JOINT MEETING OF THE CITY COUNCIL, PLANNING COMMISSION, AND THE ARCHITECTURAL REVIEW COMMISSION. Mr. Diaz reported that the Architectural Review Commission is now reviewing projects in advance of the Planning Commission so input from that group could be considered by the Planning Commission. He said that Council's review of heights and projects In sensitive areas would require an ordinance amendment which was being processed through the Planning Commission. Councilmember Benson added that the amendment should require Council approval of any building over one story anywhere in the City. 8 MINUTES I/ ADJOURNED/REGULAR CITY COUNCIL MEETING • • • • • • • • • • • • • 1 MAY 22, 1986 • • • • • • • • • • • Councilman Snyder moved to direct staff to begin processing this amendment through the public hearing process, and Councilmember Benson seconded the motion. Motion carried by unanimous vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. CITY COUNCIL BUDGET STUDY SESSION Mr. Altman asked that Council select a mutually convenient date and time for a study session on the budget. Thursday, June 12th, at 1 p.m. was chosen. 2. LEAGUE LEGISLATIVE SESSION IN SACRAMENTO/JUNE 9 S 10 Mr. Altman suggested two Counciimembers attend this important meeting. After discussion and review of schedules, it was decided to send Mayor Kelly and Assistant City Manager Carlos Ortega. 3. NEON SIGNS Mr. Altman said that the Code Enforcement Department had been citing certain businesses for this type of sign and the business community was in somewhat of an uproar. He asked for Council's posture on this. Mr. Erwin said that the sign ordinance contained certain restrictions for these signs. Councilman Wilson said he thought they were prohibited. After further discussion, it was decided that Councilmember Benson and Councilman Snyder would serve on a subcommittee to review the ordinance and in the meantime, enforcement would be withheld. 4. LETTER FROM DESERT SANDS UNIFIED SCHOOL DISTRICT RELATIVE TO HIGH SCHOOL ACCESS ROAD. Mr. Altman said he had received a letter from the District opposing construction of Alternative A. He said he felt the City had gone the "extra mile," and he was at a loss now as to how to proceed. 9 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING —MAY 22, 1986 • • • • • • • • • • • • • • • • • • • • a • • • • Councilman Snyder said that the City had no choice but to move forward with its decision on Alternate "C" so that the road could be opened by the beginning of school in September. Councilman Wilson said the City had made its commitment with the approval of the road to the west and if that was not suitable to the District, it could build the other one. 6. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. SEITZ PROPOSAL Councilman Wilson asked where the Council went on the Seitz proposal after the presentation earlier in the meeting. He said the applicant was looking for direction as was the Planning Commission, and he felt two Planning Commissioners and two Council - members should sit down and be more definitive. Councilman Snyder said he was adamantly opposed to any drive -through restaurant in the City. He said he had great concern about the project. He said the proposed businesses would generate horrendous traffic on a corner that can't take any more. He did not feel it was the kind of project that would create the beautiful entrance the City wanted there. Councilmember Benson said it was not the project that should be on that corner beginning with objec- tion to the drive -through restaurants and service stations. She said a high class hotel on one corner and a Del Taco on the other was not what the City should have at its entrance. She concluded by stating she did not like anything about the project. Mayor Kelly said he didn't understand how the project could be so far "off the mark." MR. BUFORD CRITES, Chairman of the Planning Commis- sion, said he would carry these comments to the Commission. 10 MINUTES IIADJOURNED/REGULAR CITY COUNCIL MEETING MAY 22, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • 1 2. CVTV LETTER Councilman Snyder said a constituent had given him a letter she received from CVTV which stated they were selling TV Guide at a discounted rate but would no longer provide its own select movie channel guide which was at no cost to the subscriber. He asked if the company could do this if it was promised at installation. Dave Erwin responded that it may be a breach of contract, and he would look into it. Mayor Kelly advised that he and the City Clerk were meeting the following week with CVTV representatives and said he would bring this complaint to their attention. Mayor Kelly recessed the meeting for dinner at 6:10 p.m. He reconvened the meeting at 7:00 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. ORAL COMMUNICATIONS - B MR. SANDY BAUM, 45-800 Deep Canyon, addressed Council and asked that if in fact it decided to go back to Study Sessions that it not meet in the Conference Room because hearing was difficult. He further suggested that Council forward the Seitz project to the Economic Development Committee. XVI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF SERVICE PLAQUE to Mrs. Gertrude Keedy for Six Years of Service as the City of Palm Desert's Representative to the Riverside County Free Library Advisory Committee. Mayor Kelly presented Mrs. Keedy with a plaque denoting her service on the Committee. He then read a proclamation declar- ing May 22nd as Gertrude Keedy Day in the City for all that she has done on behalf of her community. Mrs. Keedy thanked the Council and said she would be willing to assist the City at any time she could. 11 I MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING MAY 22, 1986 • • * • • • • • • • • • • • • • • • • • • • • • * B. RESOLUTION OF APPRECIATION FOR DOUG DURKIN Mayor Kelly noted that the City Council had issued a resolution at the untimely death of Mr. Douglas Durkin which recognized his many contributions to the community and extended the City's sincere sympathy to the family. XVI. PUBLIC HEARINGS None XVII1. ADJOURNMENT Councilman Wilson asked that in the future if no public hearings were scheduled that the meeting be adjourned at the close of the 4 p.m. session. He noted it might mean reschedul- ing of presentations, awards, or appointments. Upon motion by Wilson, second by Benson, and unanimous vote, Mayor Kelly adjourned the meeting to 1 p.m. on Thursday, June 12, 1986. ATTEST: n SHEILA R. G r�LIGAN, CI CLERK CITY OF PALM DESERT, �LIFORNIA 12 RICH RD S. KELLY, MAYOR