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HomeMy WebLinkAbout1987-04-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 9, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • 1. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. 11. PLEDGE OF ALLEGIANCE - Mayor Pro-Tem Jean M. Benson III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Douglas Phillips, Deputy City Attorney Mary P. Frazier, Deputy City Clerk Ramon A. Diaz, Director of Community Development/Planning Richard J. Folkers, Director of Public Works Paul Gibson, Accounting Supervisor Patrick Conlon, Director of Building and Safety Robert Smith, Code Compliance Officer V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 26, 1987. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0304, WR0306, and WR0309. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Elks Lodge 42660, 73-195 Highway 1I1, Suite C, Palm Desert. Rec: Receive and refer to the Department of Community Development for processing. D. REQUEST FOR AUTHORIZATION to File Notice of Completion on Joslyn Cove Communities Senior Center Improvements (Contract No. 00-170). Rec: By Minute Motion, authorize the filing of the Notice of Completion on the Joslyn Cove Communities Senior Center Improvements (Contract No. 00-170) and formally concur with Chance Order Nos. 1 and 2 in the amounts of $254.00 and $453.00 respectively. E. LETTER OF RESIGNATION from Velma Dawson from the Civic Arts Committee. Rec: Accept with sincere regret. F. LETTER OF RESIGNATION from Jane Leung from the Civic Arts Committee. Rec: Accept with sincere regret. G. LETTER OF RESIGNATION from Michael Grossman from the Civic Arts Committee. Rec: Accept with sincere regret. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 * * * r * r * r r r * * * * * r * r * r * r * r * H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Purchase of a Pick-up Truck. Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the purchase of a pick-up truck to be used for Code Compliance; and 2) Appropriate an additional $12,000 from the City's unallocated General Fund to the Capital Outlay for Machinery and Equipment budget. 1. REQUEST FOR APPROVAL of Final Payment in Compliance with Reimbursement Agreement for Tract 14079 - Kaufman & Broad/Kent Land Company. Rec: By Minute Motion, authorize the final payment of $47,260 to Kaufman & Broad/Kent Land Company in compliance with the storm drain facility reimbursement agreement dated February 1, 1983. J. RESOLUTION NO. 87-20 - 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. K. RESOLUTION NO. 87-21 - A Resolution of the City Council of the City of Palm Desert, California, Amending Resolution No. 85-113 Relative to Member Absences from Advertising and Promotion Committee Meetings. Rec: Waive further reading and adopt. Councilman Crites asked that Item K be removed for separate discussion and action under Section IX, Consent Items Held Over. Upon motion by Snyder, second by Benson, the Consent Calendar, with the exception of Item K, was approved as presented by unanimous vote of the Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • • • * • • • • • • • * * • • • • • • • • • • • * VI. ORAL COMMUNICATIONS - A MR. GERALD REID, 46-105 Portola Avenue 450, Palm Desert, addressed the Council relative to raising the fence on property owned by his company so that golf balls from Shadow Mountain Golf Course do not land in the yard. He said that three balls had hit the windows since December and that Shadow Mountain officials were not opposed to the fence being raised. Mr. Diaz explained that the total height of the chain link fence would be over six feet. He added that the problem was not one of appearance and that because of Council concerns with regard to height of fences, he had indicated to the applicant that his request could not be approved. However, he said that if the Council had no problem with this type of fence, the request could be handled administratively. Upon question by Councilman Snyder, Mr. Reid responded that he had discussed this with his neighbors and that it would not affect them at all. He added that he would probably be putting a ten foot fence in front of the existing fence. Mr. Phillips advised that before the Council could take action on this item, it must make a finding, by a 4/5ths vote, that this matter arose after the agenda was posted. He added that Council might want to instead indicate its thoughts and refer the matter to staff for a report and action at the next meeting. In the meantime, the applicant might be directed to submit written statements of approval from his neighbors. Councilman Crites moved to. by Minute Motion, refer this matter to staff for a report and recommendation to the Council at its meeting of April 23, .1987. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Reid added that he would obtain letters from neighbors on either side of the property and submit them to the City. MR. MARIO LALLI, 73-387 Willow Street. Palm Desert, asked that the Council lift the stop work order put on his property because of complaints from neighbors relative to pad elevation. He stated that he had offered to lower the peak of the roof by one foot and that the engineer had drawn blueprints that would in effect lower the earth on both walls and provide whatever 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • • • • • • • • • • • • • • • ■ • • • • • • • • • landscaping would be necessary so that people walking by would probably not be able to look over the walls into the adjoining property owners' yards. He said that was all he could do without tearing up the cement. Mr. Phillips stated that staff had been following the direction given by Council at its previous meeting to try and resolve this situation and that he would like to make a report to the Council in Closed Session in accordance with Government Code Section 54956.9(b), potential litigation. Councilman Snyder moved to, by Minute Motion, find that this matter arose after the Agenda was posted and requires consideration by the Council at this time. Motion was seconded by Benson and carried by unanimous vote of the Council. MR. THOMAS McCANN, 73-086 Willow Street, Palm Desert, stated that he was asking for an update on the same issue as Mr. Lal1i and that he understood it would be discussed in Closed Session. Mr. Phillips stated that he would contact all representatives the following morning if Council so desired. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 503 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO ANIMAL CONTROL AND ADOPTING ORDINANCE NO. 630 OF THE COUNTY OF RIVERSIDE. Mr. Smith reviewed the staff report, noting that the most significant change was the fact that dogs off the premises of the owner must be under control by a leash or some physical restraint but shall not include voice commands as allowed under the former ordinance. Councilman Wilson moved to waive further reading and pass Ordinance No. 503 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • For Adoption: None IX. CONSENT ITEMS HELD OVER K. RESOLUTION NO. 87-21_ - A Resolution of the City Council of the City of Palm Desert. California, Amending Resolution No. 85-113 Relative to Member Absences from Advertising and Promotion Committee Meetings. Councilman Crites expressed concern relative to this amendment requiring automatic resignation when members miss three meetings or more during a one-year period. He felt an exception might be made when a member has an illness. Councilman Wilson spoke as Council Liaison to the Advertising and Promotion Committee and stated the Committee felt strongly that with only 11 meetings per year. it needed continuity of membership and found that members were calling in with excuses whenever they were busy at the office. Councilman Snyder agreed with the Committee recommendation. He added that the Council had turned over to this Committee the right to spend the City's money and that when they get a program going. it is important that everyone participate in the decisions. Councilmember Benson stated she also felt this was harsh and would hate to see someone penalized because they were ill or hospitalized. However, she suggested putting it into effect, and if it does not work something else could be done. Councilman Snyder moved to waive further reading and adopt Resolution No. 87-21. Motion was seconded by Benson and carried by unanimous vote of the Council. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. REQUEST FOR APPROVAL of Amendment to Animal Services Agreement with County of Riverside (Contract No. 00-041- 2). Mr. Smith reviewed the staff report and recommended approval of this contract amendment. Councilman Crites moved to, by Minute Motion, authorize the Mayor to execute the amendment to Animal Services Agreement with the County of Riverside (Contract No. 00-041-2). Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL of City's Continued Participation with Riverside County in the Community Development Block Grant Program (Contract No. 00-205). Mr. Altman reviewed the staff report and recommendation. Councilman Wilson moved to, by Minute Motion, authorize the execution of a three-year cooperative agreement (Contract No. 00-205) w ith Riverside County for funding under the Housing and Community Development Act of 1974. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. CONSIDERATION OF RESOLUTION by City of Folsom Urging the Legislature to Amend SB300 Relative to Gas Tax Allocations. Mr. Gibson reported that with this bill, the City stood a chance of losing its gas tax funds amounting to approximately $140,000. Councilman Crites moved to, by Minute Motion, direct staff to prepare letters for the Mayor's signature supporting the City of Folsom's ✓ equest urging the Legislature to Amend SB300 relative to gas tax allocations. Motion was seconded by Benson and carried by unanimous vote of the Council. 7 MINUTES • REGULAR PALM DESERT CITY COUNCIL MEETING' APRIL 9* 1987 a a • a • • • • • • • • a it • • a • a a • • • • • D. CONSIDERATION OF RESOLUTION by City of Indian Wells Which Opposes Assembly Bill 13-Leonard that would Eliminate Developer Fee Charges Made by Cities. Mr. Diaz reported that this bill would limit the amount of fees the City can collect on a development, would prohibit using the fees collected from a specific development for anything other than facilities caused by that development, and would preclude establishing reimbursement agreements. Upon question by Councilman Wilson, Mr. Ortega responded that the League of California Cities was opposed to the bill and suggested that the Mayor send letters to involved legislators stating the specific impacts this bill would have on our city. Councilman Wilson moved to, by Minute Motion, direct staff to prepare letters for the Mayor's signature opposing Assembly Bill 13- Leonard and stating the specific impacts the bi 1 1 would have on Palm Desert. Motion was seconded by Crites and carried by unanimous vote of the Council. E. PRESENTATION OF DEVELOPMENT PROGRAM by J. F. Temple for Property Known as Desert Falls Country Club. Mr. Diaz reported that Mr. Jim Temple would like to present his proposal to acquire Desert Falls Country Club. He said that because the proposal called for slightly higher density than previously approved and because of the size and location of the project. it was being presented at this time so that Council could express any critical concerns before the project was processed through Planning Commission. MR. DAVID CHRISTIAN. Architect for the project, stated this project would be called Spanish Trails. He said all the financing was in place. He reviewed the project, noting that 25 acres would be set aside as a hotel site to be developed by Westfield Development as a separate Project. He said there were 1.050 one-story units in the original project and that this plan called for 1,200 mixed one-story and two-story units with more open space than the original plan. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 Council Comments/Questions: Kelly: How many units per acre? Mr. Diaz responded that deducting the hotel area, there would be approximately 3.5 units per acre. Wilson: What was the original density? Mr. Diaz responded that it was originally zoned for 3 units per acre, but he would have to go back and check the development plans to see what it was actually approved at. Crites: This request would be above the zoning allowed? Mr. Diaz stated that it would and the developer would have to come to the Council with a zone change. What percentage would be two-story? How high would the two- story structures be? Mr. Christian responded that it would be approximately 40% two-story, with heights approximately 22 to 23 feet. Mr. Diaz stated that there are existing two-story or loft units on that site. Mr. Christian added that it would be difficult to tell from the street that there are two-story buildings because of the size of the project. Crites: Could see no reason to grant additional units In that development. above what has already been approved. Would also have a difficult time approving a hotel on that corner. We do not need to bring a lot of traffic into that area. Wilson: Could see no problem with two-story if there are already units with lofts there now. However, could not see need for increased density. Benson: Would go along with increased density but not the hotel because did not feel a hotel was what the Council was looking for in the North Sphere to put on the corners. Mr. Christian stated that the hotel was a key economic issue in making this protect fly --if the hotel does not happen, the entire project would fall apart. As far as increased density, developer did not want to go with the same type of project that was there before because it did not work. The increased density was necessary because of 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • changes within the structure of the project and marketing of the project. He thanked the Councilmembers for their time and comments. F. CONSIDERATION of Suitability of Service Station on the Northwest Corner of Portola Avenue and Highway 111. Mr. Diaz reported that a letter had been received from Arco requesting time to speak to the Council. He added that Arco had an existing service station at the southwest corner of Portola Avenue and Highway 111 and was considering putting a service station and minimarket on the northwest corner of that same intersection. MR. CRAIG YAMASAKI. Real Estate Representative for Arco, stated his company was presenting the proposal to the Council on an informal basis before coming back with the formal proposal. He said he understood Council had concerns about the viability of this project if developed on the southwest corner due to the size of the site and that the northwest corner was a larger, more developable site. Council Comments/Question: Snyder: Would the other facility be eliminated? Yes. Stated the biggest problem he could see would be increased traffic at one of the busiest intersections of the City. Benson: Felt Arco should .just clean up the existing facility. Wilson: Would have to wait and see some type of design for the area before indicating approval or disapproval. Not totally against moving the station from the southwest site. How much more property on the northwest corner as opposed to the southwest? How would it fit in with the Highway 111 plan? Mr. Yamasaki stated he thought the southwest corner was approximately 15,000 feet, with the northwest corner approximately 25,000 feet. He added that Arco would meet Caltrans guidelines with respect to Ingress and egress on Highway 111 under the superblock concept. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 Crites: Felt there would be circulation problems on the north side. Agreed with Wilson that he would like to wait and see designs. Kelly: Was not in favor of a minimarket on the south side and opposed to having one on the north side as we l l because there are. residents on the north side who he felt would oppose it because of traffic, inconvenience, etc. Mayor Kelly thanked Mr. Yamasaki for his presentation. G. INFORMATION ITEMS 1. Cook Street between Fred Waring Drive and Country Club Drive. Mr. Folkers reviewed the staff report and offered to answer any questions. He added that the previous Tuesday he had met with a representative of the County Road Department to go over a mutual striping plan in the areas that are fully widened and that this would be done in approximately a month. Mayor Kelly noted that per Coundil direction at its meeting of March 26, 1987, he had met with Supervisor Larson, who had agreed that the County will cooperate in efforts to improve Cook Street. He added that he would like staff to prepare a letter to Supervisor Larson covering the points discussed in the staff report. Mr. Altman stated that what was listed in the staff report was just what was being considered at that point in time and was informational only. 2. Water Conservation. Councilman Snyder stated he had read the staff report and agreed with what would be done from this point on to conserve water. He questioned what would be done in the area along Country Club Drive where there is an overabundance of sprinkler systems which cause flooding in the streets. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Folkers stated that staff was currently working on a program. He said they were using an experimental device where if the lines break the water is shut off automatically. He said they were also working on going back to older systems and replacing plastic valves with metal valves. As far as design, he said staff was working with landscape architects to design newer systems that are drought tolerant with drip irrigation so less water is used. Councilman Crites stated he would like to meet with Tom Levy of Coachella Valley Water District to discuss one of the points in his letter dated February 19, 1987, relative to requiring major new developments to submit plans for review by the District. Councilmember Benson suggested that this topic be discussed during the May 15, 1987, tour of the Coachella Valley Water District tour. Mr. Altman added that he would contact Mr. Levy and ask that this item be put on the agenda for discussion. XI. CONTINUED BUSINESS A. CONSIDERATION OF APPROVAL OF CONTRACT NO. 00_-201 WITH COMMUNITY COUNSELING AND CONSULTATION CENTER, INC., FOR THE DESERT AIDS PROJECT. (Continued from the meetings of March 12 and March 26. 1987.) Mr. Altman reported that this matter was continued from the March 26th meeting because the contract had not been received until the day of the meeting, and Council requested time to read through the materials submitted. Councilman Crites moved to, by Minute Motion, approve Contract No. 00-201 with Community Counseling and Consultation Center, Inc., for The Desert Aids Project in the amount of $5,000. Motion was seconded by Benson. Mayor Kelly stated he thought Council's direction was for a contract to provide counseling for residents of Palm Desert. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • r • r • • • • • • • • • • • • • • • • • • • • • Councilman Crites stated he understood that it would be for Valley residents and not specifically for residents of Palm Desert. Mayor Kelly noted that the Family Counseling Service of the Coachella Valley, funded by United Way and by County and Federal grants, had offices in Palm Springs and Indio and had 20 paid professionals on staff. On that basis, he said he did not think the Council should determine what kind of charity projects should receive tax money and that he would vote against providing the $5,000 to this project. Councilman Snyder stated that he had voted against this funding when it was first brought up. Since that time it had been discussed at CVAG, and he stated that other cities felt this was a matter that should be handled by the County, State, and Federal entities. He stated he would vote against It at this time. Mayor Kelly called for the vote. Motion carried by a 3-2 vote, with Councilman Snyder and Mayor Kelly voting NO. XII. OLD BUSINESS A. CLARIFICATION OF DISCUSSION ON MARCH 26, 1987, RELATIVE TO HEIGHT LIMITS IN R-2 AND R-3 ZONES. Mr. Diaz reported that a letter had been received from Mr. Dave Manookian relative to excluding his project from being included in the ordinance study regarding height limits in R-2 and R-3 zones. He stated it was his understanding that Council's direction was to have all public hearings before Planning Commission continued until the items in the staff report dated March 26, 1987, have been studied and gone through the zoning ordinance amendment procedure. Councilman Crites expressed sympathy with this request because the project was not within the area the Council was concerned with as far as two-story structures. He said this project was in accordance with others built in the Palma Village area. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Upon question by Mayor Kelly, Mr. Diaz responded that Mr. Manooklan had been advised that staff would process his application but would recommend to the Planning Commission that it be continued until the zoning ordinance amendments went through. Upon question by Councilman Crites, Mr. Diaz responded that Mr. Manookian's project meets all City criteria except that it is two-story. He added that the Council had not officially taken action to stop construction and that it would take declaring a moratorium to do that. He said staff had recommended continuance of three projects the previous Tuesday but that the Planning Commission had approved them anyway. Councilman Wilson noted that when Mr. Manookian had appeared before the Council on March 26, he thought Council had directed that the Palma Village area had a different set of circumstances and that Council had given direction to proceed with those projects in that area. Mr. Altman suggested that if it was not the Council's intent to hold this project up, it should state that action taken at the last Council meeting does not apply in this case. Mr. Phillips added that the Council would not be approving the project itself but would just allow the application to be processed through the Planning Commission in the normal manner. Councilman Crites moved to, by Minute Motion, express that the action taken by the Council at its March 26, 1987, meeting was not intended to apply to this particular project and direct staff to process Mr. Manookian's plans. Motion was seconded by Wilson and carried by unanimous vote of the Council. Councilman Crites called up for Council review the three projects approved by the Planning Commission at its meeting of April 7, 1987. Mr. Diaz noted that the zoning ordinance amendments would be before the Planning Commission at its meeting of May 5th and would be reviewed by Council at its last meeting in June or first meeting in July. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • MR. CHARLES MARTIN, 40-840 Thunderbird Road, Rancho Mirage, stated that he would be requesting approval of a seven -unit single -story project on land which was zoned for nine units and a 1 2-unit two-story project on land zoned for 13 units in the Palma Village area. He said he would like to get through staff approval with his projects and not be called up for Council review. Councilman Wilson stated that the Council could not guarantee that it would not call up those projects. MR. KEN STINDELL, Skyward Way, Palm Desert, stated he was the developer of one of the projects approved by Planning Commission at Its April 7th meeting. He said he had submitted plans in January under guidelines set by the City and in effect at that time and now for his project to be called up by the Council and delayed an additional two to three months would cause him a greater hardship than he had already experienced. He said his project meets or exceeds all of the requirements and felt it was being weighed on the merits of another development. He asked that he be allowed to proceed with his project. Mayor Kelly reminded Mr. Stindell that the three projects approved by Planning Commission had been called up by the Council and would be reviewed. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Phillips stated his office had received an opinion on the case of Natter vs. Palm Desert Rent Review Commission. He said the opinion was received after the Agenda was posted and asked that it'be discussed in Closed Session. Councilman Snyder moved to, by Minute Motion, determine that this item came up after the Agenda was posted and should be considered by the Council in Closed Session pursuant to Government Code Section 54956.9(a), pending litigation. Motion was seconded by Benson and carried by unanimous vote of the Council. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • • • • • • • a • a • • • • • • • • • • • • • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1, Consideration of Applicants for Rent Review Commission (Mayor Pro-Tem Jean M. Benson). Mayor Pro-Tem Benson reported that there were three vacancies on the Rent Review Commission which needed to be filled. She said there were three applicants who had already been interviewed previously (Mr. Randall White, Ms. Lois Haskell, and Mr. Ralph Wood) and suggested that the Council submit to the Council subcommittee consisting of herself and Councilman Crites the names of individuals to be interviewed. Councilman Wilson suggested that some kind of assessment type center be used to find out how individuals selected to be interviewed would function in the role as a Rent Review Commissioner. He also suggested that these individuals be provided with copies of the ordinance before being interviewed so that they will understand what is being required. Mayor Kelly stated he would agree to this type of assessment center approach if it was not too extensive. Councilman Wilson moved to, by Minute Motion, direct the Council subcommittee to come back with a preliminary list of individuals to be interviewed and a preliminary proposal for the interview method for discussion by the Council. Motion was seconded by Crites and carried by unanimous vote. o City Council Committee Reports: Councilman Crites Stated that he had just returned that afternoon with some valuable and new information he had gotten at 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • the 2nd Annual Earthquake Conference and would report to the Council at the next meeting. Mavor Pro-Tem Benson Stated she and Councilman Crites had attended the opening of the Softball League two weeks previously. Said if the Councilmembers were in doubt about the future generation, they should have seen the many kids participating. Mayor Kelly Stated the Funding Committee for Transportation met and had proposed to recommend to the Transportation Committee that it approve the idea of piggybacking on San Bernardino enabling legislation to allow a ballot measure to be put before people in Riverside County relative to increasing the sales tax to fund transportation needs. The Transportation Committee subsequently decided it needed to study the extensive details of that enabling legislation and would make a recommendation at a later date. Councilman Snyder Stated that he and Mr. Ortega had attended a meeting of the Executive Committee of CVAG relative to the Colmac facility on Indian land. Said the total cost to fight this would be approximately $30,000, with half to be paid by the County. CVAG would then request its member cities to spi i t the remaining $15,000 according to the CVAG cost sharing formula, with Palm Desert's share to be $1,973. Recommended the City's participation. Councilman Crites moved to, by Minute Motion, determine that this matter arose after the Agenda was posted and needed to be considered by the Council at this time. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING. Councilman Snyder moved to, by Minute Motion, appropriate $ 1 , 97 3 as the C i ty' s share per the April 1, 1987, CVAG Executive Committee request. Motion was seconded by Benson and carried by unanimous vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XIV. ORAL COMMUNICATIONS - B None Mayor Kelly recessed the meeting at 6:15 p.m. for dinner. He reconvened the meeting at 6:55 p.m. Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, Mayor Kelly adjourned to Closed Session at 6:55 p.m. pursuant to Government Code Sections 54956.9(a), pending litigation, and 54956.9(b), potential litigation. The meeting was reconvened at 7:45 p.m. with no action taken or announced. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT of Joyce Frisco to the El Paseo Business Improvement Area Board to Fill the Unexpired Term of Don Davis Who Resigned. Councilman Crites moved to, by Minute Motion, appoint Ms. Joyce Frisco to the El Paseo Business Improvement Area Board to fill the unexpired term of Don Davis. Motion was seconded by Snyder and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF APPEAL BY CHARLES MARTIN, ON BEHALF OF COLUMBIA CENTER, TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING TWO NEW CENTER IDENTIFICATION SIGNS. Mr. Diaz reviewed the staff report and offered to answer questions. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly declared the public hearing open and'asked for testimony from the applicant. MR. CHARLES MARTIN, 40-840 Thunderbird Road, Rancho Mirage, spoke as representative of Columbia Center. He stated that he was a member of the Architectural Review Commission when the sign request for the Palm Desert Town Center was considered and approved by Council and that he was now requesting much lesser signage than the Town Center. He reviewed the way the proposed sign would look and asked for Council's approval. With no further testimony offered, Mayor Kelly declared the public hearing closed. Council Comments/Questions: Crites: Stated he was a member of the Planning Commission when the sign for the Town Center came up and that he voted against it. Did not see any reason to put a large neon sign at Highway 74 and El Paseo because it was not aesthetically attractive and was not in keeping with what the Council is trying to do in that area. Benson: Stated the Town Center sign was approved because people did not know the businesses listed on that sign were there. Businesses in Columbia Center are very visible. Wilson: Although did not feel a precedent was set by approving the Town Center sign, concerned that Council would be setting a precedent by approving this request. Councilman Snyder moved to, by Minute Motion, deny the appeal by Charles Martin on behalf of Columbia Center based on concerns expressed by the Council. Motion was seconded by Benson and carried by unanimous vote. B. CONSIDERATION OF REQUEST FOR APPROVAL OF MASSAGIST PERMITS (STEVEN AIKEN, MAGHA FLORES, TAMI McKINLEY, RINALDO MOTTA, ALEXANDER PAVULAK, JACQUES POIRIER, CAROLE WALSH, KATHLEEN WHISENAND, AND DIANE WILKINSON, APPLICANTS). Mr. Smith reviewed the staff report and recommendation. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING. APRIL 9, 1987 a a a a a a a a a a a a a a a a * a a a a a a a * Mayor Kelly declared the public hearing open. He invited testimony in FAVOR of this request, and none was offered. He invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilman Snyder moved to, by Minute Motion, approve the request and authorize staff to issue permits. Motion was seconded by Crites and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Mayor Kelly asked that everyone note the Future Meetings listed on the Agenda. Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 8:05 p.m. ATTEST: - • <--COLL,Auh) MARY P. F 'A I ER, DEPUTY CiA TY CLERK CITY OF P DESERT, CALIFORNIA 20 RICH RD S. KELLY, MAYOR