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HomeMy WebLinkAbout1987-02-121 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL THURSDAY, FEBRUARY 12, 1987 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford Crites Councilman Walter S. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Paul Gibson, Acting Director of General Services V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 22, 1987. Rec: Approve as presented. MINUTES PALM DESERT CITY COUNCIL MEETING • • • • • • • 1 • • • • FEBRUARY 12, 1987 • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 12/30/86, 01/09/87. Two Dated 01/16/87, and 01/23/87. Rec: Approve as presented. C. CLAIM NO. 038 AGAINST THE CITY by Farmers Insurance on Behalf of Donna Cina in the Amount of $1,399.94. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. D. CLAIM NO. 039 AGAINST THE CITY by Derwood Dank in the Amount of $424.28. Rec: Deny the Claim, refer it to the Coachella Valley Water District, and instruct the City Clerk to so advise the Claimant. E. CLAIM NO. 040 AGAINST THE CITY by Automobile Club of Southern California on Behalf of Robert and Lanay Richardson. Rec: Deny the Claim, refer it to the Coachella Valley Water District, and instruct the City Clerk to so advise the Claimant. F. CLAIM NO. 041 AGAINST THE CITY by Stephen Mager. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate a settlement with Stephen Mager based upon relevant information. G. CLAIM NO. 035 AGAINST THE CITY by One Eleven Properties for an Unspecified Amount. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. H. REQUEST FOR APPROVAL of Refund of Prior Year License Overpayment, K. W. Masonry Supplies, Applicant. Rec: By Minute Motion, approve the request and authorize a refund in the amount of $188.00. I REOUEST FOR ACCEPTANCE OF WORK for C.O.D. Ballfield Lighting Project - Contract No. 00-073. 1 2 MINUTES PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • J. Rec: FEBRUARY 12, 1987 • • • • • • • • • • • •IF By Minute Motion, accept the work as complete and instruct the City Clerk to file a Notice of Completion. REQUEST FOR APPROPRIATION for Engineering Service on North Side Country Club Drive Widening. Rec: By Minute Motion, appropriate $12.000 and authorize a twenty -percent contingency reserve for the contract in the amount of $2.400 from the unallocated Kelly Ordinance Widening Fund to the North Side Country Club Drive Widening Project Fund. K. REQUEST FOR RELEASE of Subdivision Improvement Bonds for Parcel Map 20945. 1st Bank of Palm Desert, Applicant. Rec: By Minute Motion, accept the subdivision improvement as complete and authorize the City Clerk to release the Faithful Performance and Labor & Material Instruments of Credit contingent upon receipt of a one-year, ten -percent Maintenance Surety Bond. L. REQUEST FOR RELEASE of Improvement Security for Tract Map 20817. Robertson Homes, Applicant. Rec: By Minute Motion, accept the subdivision as complete and authorize the City Clerk to release the Faithful Performance Bond ($88.814), Labor & Materials Bond ($43,244), and $246.323 of the $273,350 Cash Bond posted for this project, with the balance of $27.027 remaining to represent the required one-year. ten -percent Maintenance Guarantee. M. REQUEST FOR ACCEPTANCE of Long -Term Disability Insurance Program Acceptance - Coachella Valley Joint Powers Insurance Authority. Rec: By Minute Motion, authorize staff to inform the CVJPIA of the City of Palm Desert's intention to participate in the proposed Long -Term Disability Program. 3 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • N. RESOLUTION NO. 87-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLU- TION NOS. 86-76 AND 86-77 BY ADDING A NEW CLASSIFICATION TO THE TABLE OF AUTHORIZED EMPLOYEE POSITIONS. Rec: 1) Waive further reading and adopt Resolution No. 87-11; and 2) By Minute Motion, appropriate $2,100 to Account 110-4240-1115 for PERS expenses incurred after individuals have worked 1,000 hours for the City of Palm Desert. 0. RESOLUTION NO. 87-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR THE INVESTMENT OF CITY OF PALM DESERT FUNDS. Rec: Waive further reading and adopt Resolution No. 87-12. Upon motion by Crites, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the City Council. VI. ORAL COMMUNICATIONS - A MRS. MARIAN HENDERSON, 73-597 Pinyon, Palm Desert, addressed the City Council with a question as to how the Planning Commission, Planning Department, and City Council ever approved the two-story apartment buildings currently under construction at the corner of Larrea Street and San Luis Rey. She said all other structures around it were low-key, one-story units, and she felt this was a tremendous mistake that all adjacent neighbors now had to live with. She said that the views of the mountains, something the City incorporated to protect, were now gone to the people in this neighborhood. She also inquired as to why dirt was piled on the lot next door -- did this mean another high, two-story project? She also stated that none of the neighbors in the area had heard about the project so they could attend a hearing and voice their concerns. She felt that the C i ty' s codes dictated that the environment of the project must be considered, and this street corner was an already too busy one. Mayor Kelly responded that the City was inundated with problems in all areas where building pads are too high, and the Council was very concerned about it. He said Councilmembers were spending a great deal of time and effort to find a solution and have set guidelines to eliminate the problem. He said all 4 1 1 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12. 1987 * a * * * * * * * * * * * * * * * * * * * * * a Councilmembers were displeased with the project on San Luis Rey and how it was approved. However, at this point it was too late to do anything but stop it from happening in the future. He said the dirt on the adjacent lot was being stored and did not indicate another two-story project. Councilman Crites said he was Chairman of the Planning Commis- sion when this project was approved in a public hearing. He said the people in the neighborhood did not come forward and oppose it. He said that the project fit with the zoning, the setback requirements, and the height limitations set by the City, all of which were also approved in public hearings. He said that when something came before the Commission that met all those specifications, it was difficult to disapprove it, especially when no one came forward to oppose it. Upon question by Councilmember Benson as to when the zoning for that property was approved, Mr. Diaz responded he could not remember offhand and requested a two -week continuance to allow staff time to research the zoning and the project for a fu l 1 report to the City Counc i 1 at its meeting of February 26th. Mrs. Benson concurred if that report could also include what lots are left that have that particular zoning in that specific area. Councilman Crites stated that maybe the City should be considering some type of signage that would be placed on property in advance of public hearings so that the neighbors would know that something was happening to it. VII. RESOLUTIONS None Vlli. ORDINANCES For Introduction: None 5 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • For Adoption: A. ORDINANCE NO. 495 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 5.80 OF TITLE 5 OF THE CODE OF THE CITY OF PALM DESERT AND ENACTING A NEW CHAPTER 5.80 PERTAINING TO CHARITABLE SOLICITATIONS. Mr. Altman reported that no further input had been received since first reading of the ordinance and recommended its adoption. Upon motion by Benson, second by Crites, Ordinance No. 495 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 496 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.86.020(M) AND 5.86.090(1) OF THE CODE OF THE CITY OF PALM DESERT RELATING TO MASSAGE ESTABLISHMENT, BATHHOUSE, ESCORT BUREAU, AND INTRODUCTORY SERVICE. Upon recommendation by Mr. Altman, Crites moved and Benson seconded to continue consideration of Ordinance No. 496 to the meeting of February 26, 1987. Motion carried by unanimous vote. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REQUEST BY NOELL ROBINSON FOR CONSIDERATION OF A ZONING ORDINANCE MODIFICATION TO RESTRICT WALL, BUSH, AND TREE HEIGHTS AND ALLOWABLE THICKNESS OF BUSHED AREAS. Councilmember Benson moved to refer the matter to staff for investi- gation and recommendation at the meeting of February 26, 1987. Council- man Wilson seconded the motion which carried by unanimous vote. B. INFORMATIONAL ITEMS: 1. San Pablo Medians. Council commended the Public Works Department for an outstanding job in landscaping these medians. Mr. 6 / 1 1 1 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 * * • * • • • * * * * • • • • a • • • * * * * • Folkers stated the commendation should include the Department of Community Development. XI. CONTINUED BUSINESS A. CONSIDERATION OF A REQUEST BY JAMES T. PEARCE FOR QUARTERLY REPORTING OF TRANSIENT OCCUPANCY TAX. (Continued from the Meeting of January 22, 1987.) Mr. Allen reviewed his staff report and stated that the City collected this tax on a monthly basis but that the appellant did quarterly reporting for the County and wished to do the same in Palm Desert. He said this quarterly reporting caused the City Attorney's office to write collection letters to Mr. Pearce because that was the course of action outlined in the City's Municipal Code. He said that the company did pay late charges and penalties. Upon question by Councilman Wilson, Mr. Allen responded that he would not have a problem in letting them pay quarterly with late charges and penalties as long as the City Council directed him to do so. Otherwise, he was violating the Municipal Code. Mr. Altman said this policy might cause problems with other hotels and rentals down the line where everyone was paying on a different schedule and the City had less knowledge of what revenues were expected to come in. MR. JAMES PEARCE, 75-715 Altamira, Indian Wells, said he was not looking for special treatment and would pay statutory penalties and interest; however, he could not make monthly payments because his computer was not set up to report monthly. He said their books were always open for review, but he wanted the City to "call off the dogs" with no more letters from the City Attorney's office. Councilman Wilson agreed and said that if staff were inundated with this type of problem, he could see enforcing it. Wilson moved to direct staff to collect the Transient Occupancy Tax for Cove Management Company on a quarterly basis and to assess appropriate penalties and interest. Councilman Snyder seconded the motion which carried by unanimous vote. 7 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • a • a • • a • * • • • a • • • • • • a • • • • • B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A REQUEST TO APPROVE A CANVAS AWNING WITH SIGNAGE WHICH WAS INSTALLED WITHOUT BENEFIT OF A PERMIT AT 73-405 EL PASEO, COUNTESS VON HUELLESSEM, APPELLANT. (Continued from the Meeting of January 22, 1987.) Mr. Diaz reported that he had worked with the appellant and that she had been confused with the Code. He felt he could work the problem out at a staff level. Upon question by Crites, Mr. Diaz responded that this was not an awning but rather a piece of canvas stuck on the side of the facia of the building and this was the problem. Upon motion by Benson, second by Crites, Resolution No. 87-8, denying the appeal, was adopted by unanimous vote of the Council. C. CONSIDERATION OF A REQUEST BY KEITH BRYAN FOR APPROVAL OF CONSTRUCTION OF A GARAGE ROOF SUNDECK AT HIS RESIDENCE AT 72-820 WHITE DRIVE. CASE NO. 970-SF. (Continued from the Meeting of January 22, 1987.) Mr. Diaz stated at the last meeting, staff had been instructed to prepare an ordinance amendment and Condi- tional Use Permit for sun decks. He said a Minute Motion to deny this appeal would be appropriate so that staff could proceed with the amendment. Upon motion by Crites, second by Benson, and unanimous vote of the Council, the request was denied. D. CONSIDERATION OF A REQUEST FROM RIVERSIDE COUNTY SUPERVISOR MELBA DUNLAP TO JOIN THE SOUTHERN CALIFORNIA WATER COMMITTEE. (Continued from the Meeting of January 22, 1987.) Councilman Crites said he had asked for more information on this because he felt the Valley already had an excellent water program for use, conservation, and reclamation. He felt this committee was for promoting the peripheral canal, an issue which a number of voters spoke to in an election.— He said he was not prepared to spend taxpayers money on bad legislation that is designed 8 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 a a • • • • • • • • • • • • • • • • • • • • • a • for a narrow group in Los Angeles. He said it was not an educational group, that that was merely a disguise. Councilman Wilson disagreed stating that the water problem was a state-wide problem. He said he saw no reference to the peripheral canal. Councilman Snyder added that Supervisor Dunlap had attended CVAG's meeting two weeks ago and had described the problem more in terms of what Councilman Wilson described. He said this agency was trying to determine what water problems exist and what alternatives are available to us. Mayor Kelly said we were currently the recipients of someone's excellent planning for water 35-40 years ago, and he did not believe we did enough to prepare for water in the future. Upon question by Mayor Kelly, Mr. Erwin responded there would be no problem with the City's spending money to join this organization. Councilman Wilson moved to, by Minute Motion, approve the request and authorize payment of the $750 membership fee. Council - member Benson seconded the motion which carried by a 4-1 vote with Councilman Crites voting NO. XII. OLD BUSINESS A CONSIDERATION OF A TRAFFIC SIGNAL AT AVENIDA DEL SOL/CLANCY LANE AND MONTEREY AVENUE. Mr. Altman stated he, the Mayor, and the Director of Public Works had met with the Board for Monterey Country Club and that they were w i 1 l i ng to pay their share of this signal. He said it would be split between Rancho Mirage, Palm Desert, and Monterey Country Club. He said the traffic survey being conducted would meet the warrants required for a signal at this location. The action being requested was for engineering, design, and funding. Councilman Crites said he supported the installation but had concerns about prohibiting left turns onto Monterey as he did not feel them to be a problem most of the day. Prohibiting them may cause a problem. 9 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • . . . • • . . • • • • • • • • • • • . • • • • • Upon question by Councilmember Benson, Mr. Folkers responded it would be September before the signal would be operational due to long lead times for ordering the hardware. MR. FORREST MCQUISTO AND MR. JERRY CAVORETTO of Monterey Country Club said they were in attendance to support the signal and to answer questions of Council if there were any. They said their Board had met with homeowners who were very much in favor of the proposal. Councilman Wilson moved to, by Minute Motion: 1) Authorize the Director of Public Works to retain a consultant to design the traffic signal system; and 2) appropriate $115,000 for engineering services and construction from the unobligated funds of the General Fund to Signalization Fund. Councilmember Benson seconded the motion which carried by unanimous vote. XIII. REPORTS, REMARKS, & CITY COUNCIL ITEMS REQUIRING ACTION A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman S. Roy Wilson 1. Consideration of Method of Presenting Council Reports. Councilman Wilson suggested that a section be added to the Agenda for Council Committee Reports. He said he felt it was an excellent idea inasmuch as there were times that information came out of those meetings that the City Council should be made aware of. Council concurred, and Mrs. Gilligan stated it would appear in this same section of the next agenda. 10 1 1 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 ♦ • • ♦ * ♦ ♦ ♦ • ♦ ♦ ♦ ♦ ♦ • • ♦ • ♦ ♦ • • ♦ • 2. Staff Report on Progress for Left -Hand Turn Lanes at El Paseo and Highway 74. Mr. Altman stated that an agreement for engineering services had been prepared to address design of a left -turn lane at Highway 74 and El Paseo. He recommended that the agreement be approved and that Council appropriate $3,200 to pay for it. Councilman Wilson moved to authorize the Mayor to execute the agreement and to appropriate $3,200 to pay for it. Councilman Crites seconded the motion which carried by unanimous vote. 3. Discussion of Need for County of Riverside to Widen and Improve Its Portion of Cook Street Between Joni Drive at the Wash. Mr. Folkers reported that at Council's direction, staff would meet with the County officials to see if they would be cooperative in this effort. Council concurred that staff should meet with them. Councilman Walter H. Snyder 1. Consideration of Appropriation of $5,000 to Legal Fund to Fight Rubber Burning Plant Operation in Rialto. Councilman Snyder stated that if the City felt strongly about this issue, it should join the suit and help pay for its cost. He said that additional names on the suit may further it along in its effort to win and prevent this facility. Councilman Snyder moved to appropriate $5,000 to fight the rubber plant operation in Rialto. Councilman Wilson seconded the motion. Motion carried by unanimous vote. 2. Councilman Snyder thanked the Public Works Department for correcting the parking lot. He also mentioned that the paving in the middle of Portola was already striped, and he hoped this was not an indication that it was the final paving as it was horrible. Mr. Folkers responded that it was not the finish paving, but temporary with striping to assist motorists. 11 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites said he did not think the parking lot change was a good one and in fact had called the City Manager to complain about it. Councilman Wilson agreed. XIV. ORAL COMMUNICATIONS - B None Councilman Wilson moved to adjourn to Closed Session in accordance with Government Code Section 54956.9(a). Councilman Crites seconded the motion. Motion carried by unanimous vote, and Mayor Kelly adjourned to Closed Session at 5:20 p.m. He reconvened the meeting at 6 p.m., announcing no action, and recessed for the dinner break. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RESOLUTION OF COMMENDATION TO THE NEWMAN CENTER. Mayor Kelly read the resolution which commended the Newman Center on its excellence in renovating its property by creating a Spanish mission -like facility. Mr. Dan Kelly and Mr. Don Thompson accepted on behalf of the Center. B. PRESENTATION ON PROPOSED CHILDREN'S MUSEUM BY DONNA KLAR IN. Mrs. Donna Klarin showed a slide presentation depicting the type of museum her group was proposing for children in the Coachella Valley. She said there were similar facilities all over the country, and noted one in Boston, the Smithsonian Institute in Washington, D.C., and in Los Angeles. The highlight of the facility was that it was a hands-on experience for children who "hear and forget, see and remember, and touch and understand." She said 12 1 1 1 1 1 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • the museum in Los Angeles had a newsroom donated by KNBC, a medical facility, and a laboratory, to name a few. She respectfully requested that the City Council appro- priate $1,500 to assist them in development fees and to direct staff to work with her in finding a suitable location for such a museum in Palm Desert. Mr. Altman said he had met with Mrs. Klarin and suggested she make this presentation. He said while land in the Civic Center was pretty much already allocated, staff could work with the group in finding another site, possibly in the North Sphere. He suggested a subcommittee of Counci1members Benson and Wilson to work on this effort. Councilman Crites stated that the presentation captured what Palm Desert wants to become -- an educational and cultural center of the Valley, and he was very much in favor of assisting the group. Upon question by Councilman Wilson, Mrs. Klarin stated that approving the money at the next meeting would be timely for her group. She felt Palm Desert's participa- tion would encourage that of other cities. Councilman Crites moved to refer the matter to staff for a report and recommendation at the next meeting. Councilman Wilson seconded the motion. Motion carried by unanimous vote. C. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF BUFORD CRITES. Councilmember Benson stated that the Council had interviewed the last of six applicants just before its meeting and moved for a two -week continuance on the appointment. Councilman Crites seconded the motion which carried by unanimous vote. XVIII. PUBLIC HEARINGS COUNCILMAN CRITES SUGGESTED SUSPENDING THE AGENDA AT THIS POINT TO TAKE UP THE MATTER OF THE SAN GORGONIO CLOSURE TO ACCOMMODATE THE MANY PEOPLE IN ATTENDANCE ON THE ISSUE. COUNCIL CONCURRED AND MAYOR KELLY MOVED TO ITEM "D" OF PUBLIC HEARINGS (SEE ITEM "D"). 13 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • A. REQUEST FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW REPLACEMENT OF EXISTING ONE ISLAND GAS STATION WITH A TWO ISLAND STATION AND A 2000 SQUARE FOOT CONVENIENCE STORE - ATLANTIC RICHFIELD COMPANY, APPLICANT. (Continued from the Meetings of November 13. 1986, and January 8, 1987). Mr. Diaz reported that the applicant had requested a six-month continuance and that staff would readvertise for a public hearing in August, 1987. Mayor Kelly noted that this was a continued public hearing and invited testimony from the audience. MR. JACK DAHLSTROM. 74-133 E1 Paseo, Palm Desert, spoke on behalf of the applicant and stated that they had in fact requested the six-month continuance. Mayor Kelly declared the public hearing closed. Councilman Crites moved to continue this matter for six months. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. CONSIDERATION OF A REOUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF A 168-UNIT INN, A FULL SERVICE RESTAURANT, AND A GAS STATION ON 10 ACRES IN THE PC (4) , S.P. AND PR (5) N. 5. P. ZONE AT THE NORTHEAST CORNER OF HIGHWAY 111 AND DEEP CANYON ROAD - THOMAS MILLER AND SUNCASTLE REAL ESTATE, APPLICANTS. (Continued from the Meeting of January 8, 1987.) Mr. Diaz stated that Council had previously approved the hotel portion of this request and would now be considering approval of the gas station. He said that staff's recommendation was that this matter be continued to the meeting of February 26. 1987, so that information being submitted to the Council at this meeting could be evaluated by staff. Mayor Kelly noted that this was a continued public hearing and invited testimony in FAVOR of this project. MR. SANDY BAUM, 45-800 Deep Canyon, spoke on behalf of the applicant. He stated that at the January 8, 1987, meeting, Council had requested additional information, 14 1 1 1 1 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • a a a a * • • • * • • a • * * * • • • a * • * which he would present at this time. He stated that although the Council did discuss deletion of the car wash, no action was taken except to continue it and the gas station after the hotel and restaurant were approved. He said the Council also wished to receive information from the Project Area Committee, which he said he would also provide at this time. He submitted aerial photos of the area surrounding the intersection of Deep Canyon and Highway 111, additional drawings, site plan with dimen- sions to nearest residential unit abutting the property, and several photos of existing Mobil station at Date Palm and Ramon Road. MR. JAY FLOOD, 1408 Third Street Mall, Santa Monica, California, addressed Council as the architect for the project and stated that the project was generally five feet below Highway 111. He said the car wash would be at the same decibel range as the Highway and that the closest residential unit was approximately 135 feet away. He added that the proposed mobile mart would be open from 6:00 a.m. to midnight. MR. JIM HUNTSBERRY, 135 Privateer, Marina del Rey, gave a video presentation of both the Deep Canyon/Highway 111 site and the Mobil station at Date Palm/Ramon Road. He said the car wash and service station would be hidden from view as much as possible. He added that the only other car wash was Exxon on the other side of the Palm Desert Town Center. MR. BOB HUBBARD, Sandpiper, Palm Desert, stated he felt this had been a very good presentation. MR. VIC EFFINGER, 44-539 Sorrento Court, Palm Desert, stated he felt this project would be a tremendous improve- ment for that corner and for the City and that he would like to see it approved as submitted. He added that he did not think the car wash would generate enough noise to cause problems. Mayor Kelly invited testimony in OPPOSITION to the project. MR. GARY GOUDSWAARD, 44-755 Deep Canyon Road, was opposed to having an entrance and/or exit onto Deep Canyon. He said this was not a car "wash" but rather a car "rinse". 15 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • With the exception of the car wash, he said he felt it was a good project. MS. MARION KENNY, 44-835 Deep Canyon, agreed with Mr. Goudswaard and stated that if this gas station were approved, there would be an average of one station every one-third of a mile on Highway 1I1 through the City. She said she felt it would also create an air pollution problem. MR. BRUCE PETTINGILL, 44-805 Deep Canyon, stated he was not opposed to the entire project but did not want an exit onto Deep Canyon because it would create a traffic problem. He also felt the trash containers should be lowered so that they could not be seen. He did not think another car wash was needed in the City, and he felt a self-service car wash would create additional trash. Mayor Kelly invited REBUTTAL from the applicant. MR. SANDY BAUM stated that the concerns of Ms. Kenny and Mr. Goudswaard would be mitigated by widening Deep Canyon to four lanes. He said that some of the traffic on Deep Canyon was the result of the closure of Portola between Magnesia Falls and Fred Waring. Mayor Kelly declared the public hearing closed. Council Questions/Comments: Wilson: What would closure of access onto Deep Canyon do to the project? Mr. Baum stated they needed access both east and west and that left turns could not be made onto Highway 111. He said they would be putting in a median strip on Highway I11 and that it would be detrimental not to have access onto Deep Canyon. Benson: Against the gas station, mobile mart, and car wash and not convinced any kind of gas station needed on that corner, which is a gateway to the City. There are already eight service stations, which is excessive in such a short distance. As far as putting a door on the car wash. people coming down Highway 111 will still see the cars coming out of the car wash. Felt this project was an inappropriate use of that corner. 16 1 1 1 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Crites: Most of the gas stations in the City at this time are not attractive and will not become attractive because sites are not large enough to do anything with. Any development on that corner which is low instead of high would be an asset to the City. Agreed with Council - member regarding the car wash. Blocking access onto Deep Canyon would cause people to either try to make a left turn onto Highway 111 or a right turn onto Highway 111 and then a u-turn at the light. Did not think closing that access was the solution to the traffic problem. Wilson: Concerned with access onto Deep Canyon. Agreed with Councilman Crites that closing it would stop anyone who wanted to go north on Deep Canyon from doing so and felt we might be building in another traffic problem. Not bothered by a gas station on that corner. We need to encourage development on that corner and on that street. Would like to see something that has a low profile and is highly bermed. Crites: Can a left turn lane be put in there? Mr Folkers responded that it could be done. Kelly: How can we be sure how many feet below Highway 111 the station and berming will be? Mr. Diaz responded that Council could require a certain amount and direct the applicant to make sure the station was at the level the Council wished. Mr. Flood, the architect, stated the station was five feet below the level of Highway 111. Snyder: Would like to see the property developed. Felt overall it is a good project. Cannot justify having a car wash at the entrance to the City. Felt a condition of approval should be that the hotel be substantially built before a gas station is built. Kelly: Did not think a car wash was needed at that location and had reservations about having a gas station there. However, felt that intersection was an eyesore as it is now and that it needs to be developed. Not enthusiastic about having a mobile mart there and if it was approved, one of the conditions should be that they could not store supplies outside the station. 17 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson moved to, by Minute Motion, direct staff to prepare appropriate conditions and documentation, taking into consideration Council's concerns. for Council consideration at its meeting of February 26, 1987. Motion was seconded by Crites and carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF THE ERECTION OF A 42-FOOT RADIO ANTENNA AT 43-590 VANDA CIRCLE, PALM DESERT, CALIFORNIA. JOE MAZZARELLI, APPLICANT. Mr. Diaz reviewed the staff report and recommendation. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. JOE MAZZARELLI, 43-590 Vanda Circle, spoke as the applicant and stated that Section 25.56.300 of the Municipal Code would permit a tower up to 43 feet high. He said this tower would be for radio communications, both as a hobby and for emergency communications when necessary. He submitted a letter to the Council from the Department of Defence (on file and of record in the City Clerk's office). He stated that the tower was telescopic and would be 22 feet high when it was all the way down. During most of the operating time, it would be approxi- mately 30 feet high. MS. HAZEL KIRK, 80-000 Avenue 48, Indio, stated she was the emergency coordinator for the Radio Amateur Civil Emergency Services (RACES) and that this antenna would be important in a major disaster. MS. KELLI WILLIAMS, 43-580 Vanda Circle, stated she lived next to Mr. Mazzarelli and that she did not notice the tower he currently had. She said she actually felt safer with the radio antenna and felt it was a necessity and not an eyesore to the area. MR. DONALD SMiTH, 2887 Vincentia Road, spoke in favor of the request. He said he was also a member of RACES and that, because of radio waves, the height was necessary. MR. JOEL NADLER, 74-380 Erin Street, stated he lived behind Mr. Mazzarelli and could see his back yard if he looked through the trees. He added that he had stopped a 18 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Petition the previous evening because the person circulating the petition had not realized the antenna would be cranked down during times when it was not used. Upon question by Councilmember Benson, Mr. Mazzarelli stated that his current tower was 30 feet high and that he operated it approximately five hours per week in the early morning and evening. During an emergency many repeaters could be down, and the extra height requested would be necessary to get out of the valley. MR. GEORGE CHRISTOPHIDES, 43-420 Camila Circle, stated he doubted the tower would obstruct the view and that it should be approved. In the event of a major earthquake, this type of communication device would be ideal. MR. GERALD CURO, 74-170 Erin Street, stated he did not feel the tower would create an eyesore and that the benefits far outweighed what little, if any, eyesore it would cause. MS. CAROL ANDERSON, 74-340 Erin Street, stated she had looked at the 30-foot antenna for the last few months and that it was completely unnoticeable. She said she felt it was an admirable thing Mr. Mazzarelli was doing and that it would only benefit that area. The following spoke in OPPOSITION to the request: MR. DAN GAFFNEY, 74-375 Buttonwood Drive, Palm Desert, was opposed to the tower because he felt it would create an eyesore for the neighborhood. Asked the Council to postpone any action on this matter until it found out what 42 feet really was. Mayor Kelly declared the public hearing closed. Council Questions/Comments: Crites: Thanked all of the people who had stayed for this item. If this project allows us to help others in disasters, it would be worth it. Could not vote against something of this nature if it would also help the City. Wilson: Agreed with Councilman Crites. 19 MINUTES PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • FEBRUARY 12, 1987 • • • • • • • • • • • • • • Benson: Felt it was very admirable but asked that it not be used more than five hours per week. Ke l l y : Realized it would do a lot of good things but would not want it next door to him. Councilman Crites moved to, by Minute Motion, approve Mr. Mazzarelli's request for the erection of a 42 foot radio antenna. Motion was seconded by Wilson and carried by a 4-1 vote, with Mayor Kelly voting NO. D. RECONSIDERATION OF THE CLOSURE OF SAN GORGONIO WAY. Mr. Folkers reviewed his department's staff report which indicated that the closure had drastically reduced volumes with speeds remaining about the same. He said the closure had mitigated some of the citizens' concerns, and if the Council chose to close it permanently, $8,000 would be needed for permanent signing, striping, and landscaping of a closure west of Las Palmas. Mayor Kelly invited testimony in favor of the closure, and the following spoke saying the closure was working in that speeds and traffic had been reduced as well as noise levels: MS. LODELL ADAMS, 44-736 San Benito Circle, Palm Desert. MS. MARY ADAMS, 44-736 San Benito Circle, Palm Desert. MS. KAY MESSEMORE, 73-221 San Gorgonio, Palm Desert. MR. MARTIN WELCH, 73-100 San Gorgonio,Palm Desert. MS. DARLENE MACHINSKI, 44-452 San Luis Rey, Palm Desert. MS. GENEVIEVE SHEPARD, 44-680 San Benito Circle,Palm Desert. MR. VON JOHNSON, 73-255 San Gorgonio, Palm Desert. Mayor Kelly invited testimony in OPPOSITION to the closure, and the following spoke against closing a major traffic carrier, closing a public street to public traffic, saying the closure encouraged children to play in the streets, opposed to the excessive and speeding traffic the closure was creating on the adjacent streets, and suggesting alternate methods such as stop signs and speed bumps: MRS. RHEO LAWMAN, 73-816 DeAnza Way, Palm Desert, noted that she had submitted a petition with 279 signatures opposed to closing the street, 13 of which were residents of San Gorgonio. 20 1 1 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 s • MR. JOHN TESSMAN, 73-205 Guadalupe, Palm Desert. MR. CHUCK LANGE, 73-330 Royal Palm Drive, Palm Desert. MS. JUDITH LANGE, 73-330 Royal Palm Drive, Palm Desert. MRS. ELEANOR SEGALL, 73-758 DeAnza Way, Palm Desert. MR. RICHARD L. PEDERSON, 44-645 San Benito Circle, Palm Desert. MR. E. C. SHEPARD, 44-680 San Benito Circle, Palm Desert. MRS. KATHY PEDERSON. 44-645 San Benito Circle. Palm Desert. MR. ROMEO PULUQI, 72-850 Tamarisk Street, Palm Desert. MS. BARBARA TORRES, 44-755 San Clemente Circle, Palm Desert. MR. VIC VILLENEUVE, 43-349 Martini Court, Palm Desert. MR. AL SMITH, 73-350 Royal Palm Drive, Palm Desert. MR. JEFF SCOTT, 44-684 San Benito Circle, Palm Desert. MR. RICHARD GRESSZOW, 44-876 San Benito Circle, Palm Desert. MR. CHARLES ESTENSON, 74-043 El Cortez Way, Palm Desert. MR. BIRGIR JONASSON, San Gorgonio,Palm Desert. With no further testimony offered, Mayor Kelly closed the public hearing. Council Questions: Upon question by Crites, Mr. Folkers responded that speed bumps were a nuisance, hazard, and a l iabi 1 ity to the City on a public street. He said speed "humps" were different in that they were 12' long and 3-4" high and would be effective. Council Comments: Crites: Made motion to close it for trial period which resulted in decreased traffic and decreased speed to a minor degree but created unacceptable traffic and speed on neighbor- ing streets. San Gorgonio is a collector street and should be widened with curbs, gutters, and possibly sidewalks, and stop signs should be installed, possibly with speed "humps." Wilson: Opposed to closing in the first place. Didn't feel that speed "humps" would help but supported opening the street, installing stop signs, and posting the lower speed limit with increased police enforcement. 21 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Benson: Concurred with Wilson. Felt traffic should be slowed, not stopped. Snyder: Didn't feel closure worked. Recommended directing staff to install three stop signs where proper and give it a 60-day trial. Wilson: Concurred with that recommendation if it included directing staff to proceed quickly to form an assessment district to get curbs and gutters installed with consideration to including a sidewalk in that construction. Kelly: Could not support the closure and had problem with installing speed "humps." San Gorgonio was not the only street in town with speed and traffic problems and everyone will want their streets closed. Felt three stop signs excessive but was wi 11 ing to leave that decision to staff. Felt the City should look into subsidizing the installation of sidewalks. Councilman Wilson moved to abandon the closure of San Gorgonio, instruct staff to put up appropriate stop signs on the street, to post appropriate speed limit signs on the street, to direct the Police Department to give extra traffic patrol, and to direct staff to attempt to put together an assessment district to install curbs and gutters in that area where they currently do not exist. Councilman Crites seconded the motion which carried by unanimous vote. Mayor Kelly called a recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. E. CONSIDERATION OF A REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM "PARK" TO "OPEN SPACE" AND FROM A CURVILINEAR ALIGNMENT OF HOVLEY LANE TO A STRAIGHT EAST/WEST LINE BETWEEN PORTOLA AVENUE AND COOK STREET, A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN TO CONSTRUCT A GOLF COURSE PROJECT AND A MAXIMUM OF 120 RESIDENTIAL UNITS TO BE DEVELOPED AT A LATER DATE ON 158 ACRES LOCATED ON THE NORTH SIDE OF HOVLEY LANE BETWEEN PORTOLA AVENUE AND COOK STREET. CASE NOS. PP 87-1 AND GPA 87-1. MARRIOTT'S DESERT SPRINGS DEVELOPMENT CORPORATION. Mr. Diaz reviewed the staff report, noting that the General Plan designated this area as "park" and that the applicant had requested it be amended to "open space". 22 L 1 1 1 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 . * . . . . . . . . . . . . . . . * . . . . . . * He stated there would be no structures in that area with the exception of restrooms; the remainder would be golf course and residential. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of the project. MR. CHARLES MUELLER, a consultant to the Marriott, stated that the only place that would have a solid wall would be from the corner of Cook Street for about 1 100 feet immediately across from the industrial park. It would be necessary because it would be basically a retaining wall to hold back the sculptured golf course. MR. DALE DULLABAUN, 555 South Flower Street, Los Angeles, stated he represented Graham Rent-A-Car and that they were not opposed to the project but were concerned with the wall. He said they owned parcel 4 in the industrial area, right across from what would be the 17th hole. MR. F. X. McDONALD, JR., 1900 E. Ocean Blvd., Long Beach, stated he owned 40 acres on Hovley Lane near Portola. He felt the Marriott was a real gem and agreed with the request. Mayor Kelly invited testimony in OPPOSITION to the request, and none was offered. He declared the public hearing closed. Council Questions: Crites: Will there be a straight wall? Ooes it have the same setback and does it have sidewalks and bike paths? Mr. Diaz stated it would be undulating with oleander type landscaping. It would have a bike path, but the setback would be different. Council Comments: Crites: Felt the open wall around the Marriott added to the attractiveness and did not want people to see a solid wall along Hovley Lane. Kelly: Does not make sense to have it designated "open space" and then to put up a solid wall. 23 MINUTES PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • FEBRUARY 12. 1987 1 • • • • • • • • • • • • • Snvder: Felt open space could still be done if berming was done properly. Did not want a six to eight foot wall. Mr. Mueller stated they could make some alterations. He said they would provide no more and no less than what was already around the project. He added that the architect was worried about what the people looking out would see, not what those looking in would see. Wilson: Concerned with alignment of Hovley Lane. Mayor Kelly stated that the City of Rancho Mirage was against letting Hovley Lane go through and that it would always end at Monterey. Councilman Crites moved to allow the Marriott to begin the process of grading with the condition they come back to the Council with specific drawings to show how the perimeter on the south side of the project would look and also that the Marriott would be responsible for such signalization that might be determined appropriate to connect Hovley/Portola/Hovley. Councilman Snyder asked that the motion be amended to allow the Marriott to proceed with the grading but that staff would be responsible for creating the conditions discussed by the Council and bring the appropriate documentation back to the Council for its review at the February 26, 1987, meeting. Councilman Crites amended his motion per Councilman Snyder's request. Motion was seconded by Snyder and carried by a 4-1 vote of the Council, with Councilman Wilson voting NO. XIX. ORAL COMMUNICATIONS - D None 24 1 MINUTES PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1987 • • * • * • * • * * • • • * * • • * * • • • * • XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 11:22 p.m. ATTEST: lc SHEILA R. ( ILLIGAN, CIT,Y) CLERK CITY OF PA DESERT, CALIFORNIA 1 25 ii7;//w7117 RICi:1ARD S. KELLY, MAYOR/