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HomeMy WebLinkAbout1987-02-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 26, 1987 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. 11. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson 11!. INVOCATION - Mayor Richard S. Kelly 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 Doug Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/Public Information Officer Mary P. Frazier, Deputy City Clerk Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Kirby J. Warner, Director of General Services V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 12, 1987. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1967 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 1/30/87 and 1/30/87. Rec: Approve as presented. C. APPLICATION.FOR ALCOHOLIC BEVERAGE LICENSE by Friends of the Cultural Center, 73-000 Fred Waring Drive, Palm Desert, for the Bob Hope Cultural Center. Rec: Receive and file. D. CONSIDERATION OF SUPPORT of Senate B111 No. 5 on Pornography. Rec: By Minute Motion, support Senate Bill No. 5 and instruct the City Clerk to so notify the Committee for Citizens Leading Effective Action Now. E. LETTER OF RESIGNATION from Charles L. Martin from the Architectural Review Commission. Rec: Receive and accept with regrets. F. MINUTES of the Building Board of Appeals & Condemnation Meeting of January 8, 1987. Rec: Receive and file. G. CONSIDERATION OF A REOUEST by Palm Desert Property Owners' Association Regarding Reduced Speeds on Highway 74. Rec: By Minute Motion, refer to staff with direction to contact Caltrans for possible course of action. H. REQUEST FOR CONSIDERATION of Renewal of Lease for the Palm Desert Branch Library (Contract 00-084-1). ReC: By Minute Motion, approve the renewal and authorize the Mayor to execute same. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • * s i E i i i • • • i • i i i i • f • * * • f ; 1. REQUEST FOR AWARD OF CONTRACT NO. 00-146 for Haystack Bikepath. Rec: By Minute Motion, award the Contract No. 00-146 to the lowest responsible bidder. Note: A new staff report was distributed to the City Council prior to the meeting recommending award of the contract to Allred a Kyser, the lowest responsible bidder, in the amount of $79,068.00. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-105, Cross Gutter 8 Curb and Gutter Repair Program. Rec: By Minute Motion, accept the work and authorize the City Clerk to file a Notice of Completion. K. REQUEST FOR AWARD OF CONTRACT N0. 00-176 for the Silver Spur Storm Drain Project. Rec: By Minute Motion: 1) Award Contract No. 00-176 to Shadow Hills Construction Co., inc., in the amount of $85,383 and authorize a 157. contingency reserve in the amount of $12,807.45; and 2) Appropriate $98,190.45 from the Unallocated Drainage Fund Reserve. L. REQUEST FOR AWARD OF CONTRACT NO. 00-193, Street Sweeper Contract. Rec: By Minute Motion: 1) Award Contract No. 00-193 to Haaker Equipment Company In the amount of $95,945.90 for the purchase of a cab -over vacuum/air street sweeper with broom assist; and 2) Appropriate $95,950.00 from the General Fund. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • M. REQUEST FOR ACCEPTANCE OF WORK ON CONTRACT NO. 00-098, Street Repair Program. Rec: By Minute Motion, accept the work for Contract No. 00-098 as complete and authorize the City Clerk to file a Notice of Completion. Councilmember Benson asked that Item G be removed from the Consent Calendar for consideration under Section IX. Consent Items Held Over. Councilman Wilson asked that Item D also be removed, and Mr. Altman asked that Item M be removed. Upon motion by Crites, second by Snyder, and unanimous vote of the City Council, the Consent Calendar, with the exception of Items 0, G, and M. was approved as presented. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 87-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING FEDERAL APPROPRIATION FOR A FLOOD WARNING SYSTEM. Mr. Altman reported that a letter had been received from Mr. Tom Levy of the Coachella Valley Water District requesting that the City Council adopt a resolution relative to a flood warning system along the Whitewater River Basin. He said this was something which would benefit the City and the whole area and recommended adoption of the resolution. Upon motion by Crites, second by Benson, Resolution No. 87-14 was adopted by unanimous vote of the Council. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 498 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 10.24 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO ABANDONED VEHICLES. Mr. Altman stated there was a memo in the packets from the Code Compliance Director and recommended passing this ordinance to second reading. Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, Ordinance No. 498 was passed to second reading. For Adoption: A. 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. (Continued from the meeting of February 12, 1987.) Mr. Altman reported that this ordinance was still in the process of being revised and recommended It be continued to the meeting of March 12, 1987. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Ordinance No. 496 was continued to the meeting of March 12, 1987. IX. CONSENT ITEMS HELD OVER 0. CONSIDERATION OF SUPPORT of Senate Bi11 No. 5 on Pornography. Rec: By Minute Motion, support Senate B111 No. 5 and instruct the City Clerk to so notify the Committee for Citizens Leading Effective Action Now. Councilman Wilson asked for clarification of the changes to the current Senate Bill No. 5. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • s • • • • • • • • • • • FEBRUARY 26, 1987 i • • • i • • • • • • Mr. Phillips stated it was his understanding that this bill would revise certain definitions of obscene or harmful matter so they comply with the Supreme Court decision. He added that it reflected a more conservative attitude of the courts and that the City Attorney had not found any problems with the changes. Councilman Snyder moved to, by Minute Motion. support Senate Bill No. 5 and instruct the City Clerk to so notify the Committee for Citizens Leading Effective Action Now. Motion was seconded by Benson and carried by a 3-0-2 vote of the Council, with Councilmen Wilson and Crites ABSTAINING. G. CONSIDERATION OF A REQUEST by Palm Desert Property Owners' Association Regarding Reduced Speeds on Highway 74. Rec: By Minute Motion, refer to staff with direction to contact Caltrans for possible course of action. Counc i l member Benson asked if staff was going to do any kind of study of Highway 74 so that a response could be made to Palm Desert Property Owners' Association. Mr. Altman recommended that this be referred to staff to perform the appropriate surveys. Councilman Snyder moved to, by Minute Motion, refer to staff with direction to contact Caltrans for possible course of action. Motion was seconded by Benson and carried by unanimous vote of the City Council. M. REQUEST FOR ACCEPTANCE OF WORK ON CONTRACT NO. 00-098, Street Repair Program. Rec: By Minute Motion, accept the work for Contract No. 00-098 as complete and authorize the City Clerk to file a Notice of Completion. Mr. Folkers asked that this item be continued for two weeks due to a conflict in a billing situation. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • , • • . • • • • • • • • • • • • • a • • • • • Upon motion by Snyder, second by Benson, this item was continued to the meeting of March 12, 1987, by unanimous vote of the City Council. X. NEW BUSINESS A. SYNOPSIS OF THE COACHELLA VALLEY AREA TRANSPORTATION STUDY. Mr. Folkers reviewed the staff report and study, noting that since the traffic counts were done in 1984, traffic had increased substantially. He offered to answer questions. Councilman Crites asked why the "C" standard had been used in the study and how the standards were determined. Mayor Kelly explained that each community could set its own standards and conduct the study using them. This committee had set a standard of "C". No action was required or taken by the City Council. XI. CONTINUED 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. Mr. Diaz reviewed the staff report and stated that staff did not see a need to amend the ordinance. Councilman Wilson moved to receive and file the report. Motion was seconded by Snyder and carried by unanimous vote of the City Council. B. REPORT ON 20-UNIT CONDO DEVELOPMENT - SAN LUIS REY AND SHADOW MOUNTAIN & LARREA (SANBORN & RYLEE, APPLICANTS). Mr. Diaz reviewed the staff report and offered to answer any questions. 7 MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING FEBRUARY 26, 1987 a • • a • • • • • it • • • • • • • • • a • • • • • Council Questions: Benson: How many units in R-2 and R-3 per, ;acre? Mr. Diaz responded that it depended on the number in parentheses as well as the size of the lots. Snyder: Was there a density bonus for this project? How large is the project? Mr. Diaz responded that there was no density bonus and that there were 20 units. Council Comments: Crites: One thing that should not get by again is the idea of posting public signage on developments to allow public to know that something is happening. The signs should be posted for a 14-day period. Mr. Diaz stated that staff could begin to administratively implement this type of signage while the policy changes were in process. Snyder: We need to somehow work the word "compatible" Into approvals and get staff, Council, and Planning Commission to look at projects to assure compatibility with surrounding neighborhood. Crites: At the time the Planning Commission approved the project, it met every setback, was within the density and height limits, was approved by the property owners' association, and no one came forward to protest. The Planning Commission had no basis to deny it. Benson: Agreed that there should be a way to assure compatibility. The height of this project is not as bad as the density. Kelly: The project is too close to the road. it was approved because of the side yard setbacks; however, they actually front the street. Mr. Diaz stated that perhaps staff could look into this concern as well as the concerns of Mrs. Marian Henderson. Staff could do a study to determine how a single family residential feeling could be achieved with setbacks in a multiple residential density area. He added that the report could be ready in four to six weeks. Upon question 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • by Councilmember Benson, he said the two projects currently going to the Planning Commission would be continued until the study was completed. Councilman Snyder moved to, by Minute Motion, direct staff to conduct a study and recommend changes in the City's code required to assure compatibility of new development with existing neighborhoods. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Kelly invited comments from Mrs. Henderson. MRS. MARIAN HENDERSON, 73-597 Pinyon Street, Palm Desert, stated she felt the issue of compatibility had been a part of the City's code since the beginning and that if a structure was being built that was completely opposite from what was already there, it was not allowed. She felt that the development at San Luis Rey and Shadow Mountain 8 Larrea should have only one exit, and that should be onto Shadow Mountain, not Larrea. She stated she had looked at the original plans, which showed the development to have a sidewalk and that it was supposed to be flat. She also thought the trees were to start at ground level; now they are on a large bank, which makes the project look even larger. She objected to the whiteness of the building and felt something should be done to make it darker. She also objected to what looked like fireplaces. She said they were actually only exhausts for the air conditioners, and she asked why they were permitted and why there were so many of them. Councilmember Benson moved to, by Minute Motion: 1) Direct staff to look into the concerns expressed by Mrs. Henderson relative to sidewalks, the exits from the project, and the color of the buildings; and 2) Direct staff to include in its report and recommendation the posting of signs for a 14-day period in addition to mailing of notices. Motion was seconded by Crites and carried by unanimous vote of the Council. Mr. Diaz stated that staff would immediately begin the practice of posting signs for a 14-day period in addition to mailing notices. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • * * • • • • • • XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF PROGRAM TO IMPLEMENT "ART IN PUBLIC PLACES" PROGRAM. Mr. Altman reported that the Civic Arts Committee had been working on this program since early February and that both City Clerk Sheila Gilligan and Communications Intern Sandy Vinocur had done an outstanding job in Putting this together. He said that Civic Arts Committee Chairman Alex Yaron could not attend the Council meeting and that staff would answer any questions the Council might have. Upon question by Councilman Crites, Ms. Vinocur stated that the first seven pages were the actual program and that there was an addendum which listed items to be considered in the future. Upon question by Councilman Wilson, Mr. Diaz stated that the Art in Public Places fees were already being collected from developers. Mr. Warner added that the City currently had In excess of $60,000 in these fees. Councilman Wilson asked whether the Committee had considered the entrance to the City as a location for some art. He said that once the program is approved, the City should consider making some artistic statement. Mrs. Gilligan stated that the Committee wanted to get the program implemented and chose an outdoor sculpture for the Civic Center but that it might be difficult to place until the Civic Center Master Plan was completed. She added that she would go back to the Committee and ask it to consider City entrances a priority. Councllmember Benson suggested that when considering a location for art, it should be in a place where people will be able to see it. Councilman Wilson moved to, by Minute Motion, approve the Program and Instruct the City Clerk to so advise the Civic Arts Committee. Motion was seconded by Crites and carried by unanimous vote of the Council. I0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26,,1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT WITH JOHN OUTCAULT FOR ARCHITECTURAL SERVICES FOR CIVIC CENTER MODIFICATIONS (CONTRACT NO. 00-181-1). Mr. Altman reviewed the staff report, noting that the Civic Center Design Committee consisted of Councllmembers Snyder and Benson, himself, Mr. Ortega, Mrs. Gilligan, Mr. Conlon, and Mr. Diaz. Council Questions: Crites: Aside from acoustical changes for the Council Chamber, what kind of modifications were being proposed? Councilman Snyder reviewed the proposed changes, noting that the walls around the staff table and in front of the Council seating area would be removed and made into a u-shaped structure. People would still be able to see the Council, and there would be better eye contact with staff. How much money are we talking about? Somewhere around $80,000. Council Comments: Kelly: Coachella Valley Television used moveable partitions, and we should also consider using them. Councilman Snyder stated that the Committee had asked Mr. Outcault to look into this. Wilson: Stated he had voted against adding a conference room next to the employees' lounge and would vote against this also. Felt there was a lot of room for expansion before spending a lot of money on this type of remodeling. The Chamber works as it Is now and is much better that what we used to have. Did not think it was necessary to spend another $80,000 to make it more comfortable. Crites: Concerned with need to have facility for guests and for functions such as receptions. Not sure it is necessary to have an architect show us how to use Partitions. Would like to vote yes on adding a conference room next to the Council offices, but did not feel it was necessary to spend money to redo the Chamber. Snyder: Did not feel that what was proposed was for convenience and comfort but rather a better way for the City to conduct business with the people. Part of this MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • a • • • • • • • • • a • • • • • • • • • • • • money would be to fix the acoustical problems, and these costs are becoming higher as time goes on. Wilson: Stated he felt we had a very effective city, did our business well, and that the facilities did not hinder this. Keily: Stated that he could not hear what was going on when he sat in the audience at Planning Commission meetings. He said that although the Council thinks it is conducting business well, it may not be if people cannot hear. Mr. Altman'stated he believed the estimate for the Chamber remodeling was actually $50,000 to $60,000 but that the Council was not being asked to approve the remodeling at this time. Instead, the amendment to the agreement would be for the architect to perform a design study. Councilman Snyder moved to, by Minute Motion, approve the amendment to Contract No. 00-181-1 with John Outcault, AIA, in the amount of $5,600.00 and appropriate the funds from the Civic Center/New Construction Tax Account. Motion was seconded by Benson and carried by a 4-1 vote of the Council, with Councilman Wilson voting NO. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Sunterra Project At the request of the City Manager, Mr. Diaz gave a brief summary of his presentation before the Indian Wells City Council relative to the Sunterra project. He stated that he had expressed the City's concerns in terms of the Environmental Impact Report and the areas of housing and traffic impacts but that no comments were made by him relative to whether the City was in favor of or against the project itself. He said no further action should be taken by Palm Desert until after Indian Wells responds to the comments made at the meeting. If the City did not feel that the response was adequate, any necessary action would be taken at that time. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly stated that he had spoken with someone who attended the meeting and felt that Mr. Diaz had done a nice Job with this presentation. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action: I. Discussion of Possible Meeting with Desert Sands Unified School District's Board to Discuss School Needs in the North Sphere and Future City Recreational Needs that might be Jointly Shared (Councilman Roy Wilson). Councilman Wilson stated that he would like the Council to meet with the School District to discuss the City's school needs as the North Sphere area is developed. He said that in looking at the plans for the Civic Center, he saw several areas which might be duplicated by the High School, such as the swimming pool and aquatics complex. He felt it might be possible to build only one for use by both and proposed that staff set up a joint dinner meeting between the City Council and the Desert Sands Unified School District Board to discuss these items. Mr. Altman stated that this meeting would be set up following the joint City Council/Planning Commission meeting, probably within 30 to 45 days. 2. Consideration of Policy for Buildings Approved Adjacent to Scenic Corridors (Mayor Pro-Tem Jean Benson). Councilmember Benson asked that this be considered when staff looks at the issue of compatibility of new developments with adjacent 13 MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • buildings (discussed under Continued Business Item B). She said she was concerned with another development with garages being built facing Highway 74, which Is one of the scenic corridors. Mr. Diaz stated that staff would address this issue as part of the study. o City Council Committee Reports: 1. Councilmember Jean Benson Councllmember Benson reported that she had attended the Historical Society meeting and that they were having trouble with the State in getting a museum status so that the City could proceed with helping them in the restoration of their building. She stated that she had written a letter to the State Board of Equaliza- tion with a copy to Senator Presley asking for his assistance. 2. Councilman Walter Snyder Councilman Snyder reported that all the member cities of CVAG except two had indicated they would support the lawsuit against the tire burning facility, and the City Councils In those two cities would be considering this matter shortly. He stated that another stop order had been issued due to a health require- ment. He added that the other attorneys had succeeded in having the judge changed but had not succeeded in the request for change of venue. He said there was still a 50/50 chance of winning the case, compared with an 80/20 chance when the case started. Councilman Snyder stated that he had recently spoken with someone who had a problem with the curb and gutter assessment program. The matter was expeditiously taken care of and he received all of the information he needed to answer the question. He said this was a typical reaction 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING ,FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • of our staff and complimented staff for doing such a good Job. 3. Mayor Dick Kelly Mayor Kelly stated that he had been appointed to the Transportation Policy Committee for CalCog, which was a State organization similar to CVAG. He said he was CVAG's representative and would be attending the first meeting on April 7th. Mayor Kelly reported that he had appeared earlier that day at the Eastern Area Planning Council meeting at the request of the City of Rancho Mirage in opposition to what was first reported as a McDonald's sign at the inter- section of Ramon and Varner Roads. He said it turned out that this was a truck stop complex and that a sign had been approved at 60 feet, which was 15 feet over the ordinance. He added that the City of Rancho Mirage would be considering appealing that decision and would notify him when they did. He said they would probably be asking Palm Desert to join with them in opposing this sign and that he would be bringing this back at a later time. Mayor Kelly stated that he had represented the City in welcoming the Ohio Beer and Wine Distributors convention at the Marriott Desert Springs the previous evening. He said he had found tt interesting that a lot of the ladies at the reception had expressed interest in El Paseo, which seems to have a very high image across the country. XIV. ORAL COMMUNICATIONS - B None Upon motion by Wilson, second by Benson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting for dinner at 5:50 p.m. The meeting was reconvened at 7:00 p.m. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION by Mr. Jim Condon of the Community Counseling Center, Inc., on the Desert Aids Project. Mr. Jim Condon presented information to the City Council and stated that this was a subject of paramount importance and that the Desert Aids Project in particular was one everyone needed to be more aware of and more supportive of. He said they would be expanding their services and facilities and needed financial assistance. He said they were not a research organization; their principle concern was for people who were AIDS victims and people close to them, with counseling as their main function. He asked for the Counci l's support and stated he did not feel it would set a precedent for other charities to come in and request funding because this was a local organization dedicated to serving the local population. He added that they had contracted with the City of Cathedral City's Community Services Department for a given number of hours of counseling services and blood testing in exchange for a $5,000 contribution. He offered to answer questions. Mr. Altman stated that he would not recommend contributing to the project. He said this was in the area of general welfare, and these programs have traditionally been the responsibility of State, Federal, and County governments and that we do not have specific revenue sources to deal with them. He added that Council could refer the request to the Committee for Charitable Contributions which consisted of Councilmembers Benson and Wilson, himself, and the Finance Director. Councilman Crites stated that he would find the City to be remiss if the Council did not give this request its full attention. He said he did not think it would set a 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • * • • • • • • • • • precedent and that if it did, the Council would deal with it then. Councilman Wilson stated he understood Mr. Altman's recommendation but agreed with Councilman Crites that we are dealing with an epidemic which no one really realizes. He suggested that staff be directed to look into a way to provide the funds in exchange for counseling services for our citizens. Councilmember Benson agreed with Councilman Crites and added that she felt the Council had a responsibility for the health, safety, and welfare of its constituents. She said that if another agency could come in and prove the same urgency, the Council would deal with it then. She said she did not see how $5,000 would hurt the City at all. Councilman Crites agreed with Councilman Wilson's sugges- tion relative to obtaining counseling services in exchange for the funds so that it would not be just a gift of public funds. Councilman Crites moved to direct staff to bring back a contract for counseling and other related community services In exchange for funding. Motion was seconded by Wilson and carried by a 3-2 vote, with Councilman Snyder and Mayor Kelly voting NO. 8. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF BUFORD CRITES. Councilmember Benson stated that seven very qualified applicants had been interviewed and that It had been very difficult to make a decision because they were all community minded people. Councilmember Benson nominated Ms. 'Faith Ladlow for the position of Planning Commissioner. The nomination was seconded by Councilman Crites. Councilman Wilson nominated Mr. Sabby Jonathan. The nomination was seconded by Mayor Kelly. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson asked that the vote be by secret ballot. Mr. Phillips directed the City Clerk to distri- bute slips of paper to the Council. He asked the Council - members to mark their votes and return them to the City Clerk for counting. With Councfl concurrence, this item was continued until the end of the meeting so that Agency Counsel could review the Municipal Code relative to the number of affirmative votes required to appoint a Planning Commissioner. C. CONSIDERATION OF APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF CHARLES L. MARTIN. Councilman Crites moved to, by Minute Motion, continue this item until such time as staff prepares a report regarding the current members of the Architectural Review Commission, their terms, and the number of members who are architects. Motion was seconded by Snyder and carried by unanimous vote of the Council. D. REQUEST FOR APPOINTMENT OF HENRY HOYLE AND SHARON TUVERSON TO THE EL PASEO BUSINESS IMPROVEMENT AREA BOARD. Councilman Wilson moved to, by Minute Motion, ratify the December election results by appointing Henry Hoyle and Sharon Tuverson to the El Paseo Business improvement Area Board. Motion was seconded by Snyder and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF A GAS STATION AS PART OF THE RESIDENCE INN PROJECT ON 10 ACRES IN THE PC (4), S.P. AND PR (5), N S.P. AT THE NORTHEAST CORNER OF HIGHWAY 111 AND DEEP CANYON ROAD. THOMAS MILLER AND SUNCASTLE REAL ESTATE, APPLICANTS. (Continued from the Meetings of January 8 and February 12, 1987.) Mr. Diaz reviewed the staff report, noting that Council conditions had been added to page 8 of the resolution. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 . . . . . . . . * . . . . . . . . * * * . * . * . Council Comments/Questions: Crites: How can the Council be assured that snack type foods are sold only in vending machines. Would also like to see a condition added requiring some kind of water feature similar to the hotel next door. Mr. Diaz stated that Council Condition #I could be changed to read "A maximum of three vending machines will exist on site inside the mobile mart selling snack type foods and soft drinks, and all such products shall be sold only in vending machines". As far as the water feature, he believed it was a condition placed on the Residence Inn. Wilson: Gas station at the other end of the City sells those types of items on shelves. If we allow it in one location, perhaps we are being too restrictive in not allowing it in another site. Benson: Would like a condition added that the service station and mobile mart could not be started until the inn was well under construction. Mayor Kelly noted that this was a continued public hearing and invited testimony in FAVOR of this project. MR. JIM HUNTSBERRY, 135 Privateer, Marina del Rey, stated he and his firm had worked with City staff on the architecture and layout and had tried to shield the facility as best they could. He reviewed his letter dated February 18, 1987 (on file and of record in the City Clerk's Office) and stated they would be willing to eliminate the car wash. He felt the hours of operation were a little harsh, especially since the Marriott and Grand Champions were already .open and the Bob Hope Cultural Center would open soon, and this would bring in a lot of late night people. He asked that they be allowed to operate from 6:00 a.m. to Midnight. Crites: How do gas stations which do not sell these Items survive? Mr. Huntsberry stated that this was a self service station which does not have a lube bay, and of the 19 MINUTES REGULAR. PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • other gas stations do have lube bays which bring In additional income. MR. SANDY BAUM, 45-800 Deep Canyon Road, Palm Desert, asked that he be allowed to speak in rebuttal and added that the plans did show a water feature at the entrance to the project. MR. VIC EFFINGER, 44-539 Sorrento Ct., Palm Desert, stated he felt this project would be a tremendous Improve- ment to that area and one of the nicer stations in our community. He did not see a problem in the selling of the snack type items. Wi I son: Do you have any objections to the hours of operation? Mr. Effinger stated he did not feel one or two hours in the morning or evening would make a tremendous difference. MR. VICTOR HASLER, 44-179 Elba Ct., Palm Desert, spoke as a member of the Board of Directors for Hidden Palms Homeowners' Association, and stated that the Board felt this was the best project it had seen for that corner. He added that the Board was more concerned with late hours of operation than early hours. Wilson: What do you consider as "late"? Mr. Hasler stated that he felt 11:00 p.m. and Midnight were late. However, from the Board's standpoint, 6:00 a.m. was not something to be concerned about. There is already a lot of traffic at that time of day, and the gas station would not add or detract from that. Mayor Kelly invited testimony in OPPOSITION to this project. MS. BEVERLY SCHAEFFER, 44-615 Monaco Circle, Palm Desert, stated she did not feel a gas station and car wash at that corner would help real estate values. She was also concerned that a lot of residents at Hidden Palms were not aware of this project because they did not live within 300 feet of it. She submitted a petition signed by some of the homeowners in opposition to the project (on file and of record in the City Clerk's office). 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • ' • • • • • • • • MR. GARY GOUDSWAARD, 44-755 Deep Canyon, Palm Desert, opposed the access from the project onto Deep Canyon because he felt it would create additional traffic. He did not understand why the service station would need the additional access when it was not needed by the hotels. MR. BRUCE PETTINGILL, 44-805 Deep Canyon, Palm Desert, opposed the project due to the increased traffic it would generate, the late hours of operation, the trash container at Deep Canyon being too high. He said he would also like to see the mobile mart eliminated. Mayor Kelly invited REBUTTAL. MR. SANDY BAUM, 45-800 Deep Canyon, stated that the access at the north end of the site was requested by the Public Works Department as a necessary item and was not on the original plans. He added that the traffic was so intense on Deep Canyon at this time due to the work being done on the Portola Storm Drain project. He said he did not understand how Ms. Schaeffer would be affected by a gas station which was more than 600 feet away from her property. Mayor Kelly declared the public hearing closed. Wilson: Questioned the north entrance from the project onto Deep Canyon. Mr. Folkers stated the idea was to provide access for hotel guests to come and go without adding to the gas station traffic at Deep Canyon and Alessandro. Crites: Has anything been done about the trash container? Mr. Baum stated that City ordinance requires enclosures around trash containers and that it had been moved. Wilson: Concerned more about final design of the gas station and aesthetic appearance than the snacks to be sold. Hoped there would be some effort to explore the possibility of making the project look a little less like a gas station. In favor of approving the sale of snacks as outlined in the February 18th letter rather than restricting it to vending machines only. Stated he felt 8:00 a.m. to 10:00 p.m. was unreasonable and would 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • like to see hours of operation as 6:00 a.m. to 11:00 p.m. Mr. Diaz stated that Council would have a chance to review the final design. Crites: Comfortable with hours suggested by Wilson. If sale of convenience foods were allowed, felt Council should address concerns about not having any special advertising or promotion on the food products and not allowing outside display of products. Snyder: Happy about the car wash being removed. Still concerned with mobile mart, since there are many in town already. Did not feel service station would create additional noise and had no problem with hours of operation suggested by Councilman Wilson. Benson: Agreed that it should be open at 6:00 a.m. to service people in the hotels. However, still concerned with the mobile mart and did not feel it needed to be there. Agreed with Councilman Wilson about the facility not being conspicuous from the Highway. Kelly: Concerned with rear entrance because of security. Would like to see it closed if there was no problem with the fire ordinance. Agreed with the 6:00 a.m. to 1 1 :00 p.m. operation hours. Felt this was an opportunity to do something innovative and different from what has been done in the Coachella Valley by having a gas station which does not look like a gas station. Mr. Diaz stated that a breakaway fire gate could be put at the rear entrance for access by fire trucks and could be opened at a later date for public access if traffic warrants it. Councilman Wilson moved to approve the conditions proposed by Council relative to hours of operation, vending machines, and conversion of rear entrance to fire gate. Councilman Crites asked that the motion be amended to include no outside displays and prohibition of advertising promotional sales of any food products. Councilman Wilson amended his motion. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 * •* • •• •* a • •• 0* •• * •• •* • • * * * * • • • • • • Mr. Diaz requested that staff be directed to prepare a resolution outlining those conditions so that the •resolution on the March 12, 1987, agenda would have the exact wording. Councilman Wilson withdrew his motion. Councilman Wilson moved to direct staff to prepare a resolution which would include the conditions imposed by the City Council. Motion was seconded by Benson and carried by unanimous vote of the Council. B. 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 . MARR I OTT' S DESERT SPRINGS DEVELOPMENT CORPORATION. (Continued from the meeting of February 12, 1987.) Mr. Diaz reviewed the staff report, noting that the Council had expressed concerns that the wall from Cook Street and Hovley Lane east would be solid, with the golf course below it. He showed artists' renderings of the wall and bikeway and stated that the minimum dept of the wa l l would be 20 feet from the curb, and it would match the existing bikeway and sidewalk along Cook Street at the present Marriott. He discussed the City Council conditions on the resolution and stated that the Marriott Hotel had already paid approximately $400,000 in signalization fees and that this development would also be required to pay signalization fees. He said these fees could be used as their share of the signalization at Portola/Hovley and Cook/Hovley as soon as those warrants are met. He stated the applicant had questioned the drainage fund fees and that a condition of approval was that a maximum of $4,800 per acre be paid prior to issuance of the grading permit or bonded for, at the discretion of the Council. 23 MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING FEBRUARY 26, 1987 • •• •• •• .• .• .• .• .• .• • • • • • • • • • • • .• • ,• • r Mayor Kelly noted that this was a continued public hearing and invited testimony from the developer. MR. CHARLES MUELLER, 74-555 Country Club Drive, Paim Desert, explained the map showing the entire perimeter of the fence around the project and stated that it involved the addition of 30 indentations that were not there Previously. He said a good number of them would be wrought iron, similar to what was already there. He reviewed the overall project. Council Comments/Questions: Crites: Are all of the indentations view indentations? Mr. Mueller stated that roughly one-half were. Why only one-half? The Council had been very explicit that along Hovley Lane they be provided consistently throughout. MR. PAUL GILMER, ASL Engineers, stated that the original development plan had shown a 20 foot easement for public pedestrian purposes. The wall would be from 12 to 32 feet away from the curb, and it averages 28 feet away. He said that not all the indentations were open. MR. TED ROBINSON, 352 Third Street, Laguna Beach, spoke as the developer of the golf course. He said there would be as many openings on this wall as on the other golf course. He added that he felt golf should be played in as quiet a place as possible and that people playing golf In that area would not want to look out at an industrial area. This situation occurs only in this one area, and everything else would be the same as on the upper course. Mr. Mueller added that there would be a lot of landscaping and would not be a long, solid wall. He said that as far as the drainage fee, he did not object to the fee itself but did not want to commit to bonding at $4,800 per acre. He stated he had a letter dated January 23, 1987, wherein the Desert Springs Resort fees had been reduced from $1,123,000 to $800,000. He asked that he be given the same opportunity to negotiate the fee. 24 MINUTES 4' REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • O • • • • • • • • • • • • • • • • • • • • • • • Mr. ,Altman stated that the reduction for the Desert •Springs Resort had been based on a drainage study. Mr. Folkers added that this would be considered at a later date. Mayor Kelly invited input In FAVOR of this project. MR. CHUCK STRATHER, 41-555 Cook Street, Palm Desert, stated he had no problem with the type of wall proposed on Hovley Lane. He added that he was also a golfer and appreciated the garden setting and did not want to be looking out at an industrial complex. Mayor Kelly invited testimony in OPPOSITION to this project, and none was offered. He declared the public hearing closed. Councilman Crites stated that his concerns of several weeks previously had been responded to adequately. Councilman Snyder stated he felt the design was excellent and that the project was one which would really add to our city. Councilman Snyder moved.to.approve the findings and adopt Resolution No. 87-16. Motion was seconded by Crites and carried by unanimous vote of the Council. C. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT DELETING CERTAIN COMMERCIAL USES FROM PERMITTED C-1 USES (SECTION 25-28.030) AND INSERTING SAME INTO CONDITIONAL USES OF THE C-1 SECTION OF MUNICIPAL CODE SECTIONS 25.28.020. CASE NO. ZOA 86-6. Mr. Diaz reviewed the staff report and recommended that this ordinance be passed to second reading. Mayor Kelly declared the public hearing open. He invited testimony.in FAVOR of this amendment, and none was offered. He invited testimony in OPPOSITION to this amendment, and none was offered. He declared the public hearing closed. Councilman Wilson moved to waive further reading and pass rdinance No. 499 to second reading. Motion was seconded by Benson and 3rried by unanimous vote of the Council. 25 iNUTES EGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 1987 • * • • • • • • • • • • • • • • • • • • • • • • D. CONSIDERATION OF REOULST FOR APPROVAL OF MASSAGE ESTABLISHMENT PERMITS AND A MASSAGIST PERMIT (AIDA GREY SALON AT DANIEL FOXX, MARRIOTT'S DESERT SPRINGS SPA, AND JANE BRESLER, APPLICANTS). Mr. Wayne Ramsey of the Code Compliance Department reported that all of the applications in this request had been approved by the Sheriff's Department and recommended approval. 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. Councilmember Benson moved to, by Minute Motion, approve the request and authorize staff to issue permits. Motion was seconded by Snyder and carried by unanimous vote of the Council. XiX. ORAL COMMUNICATIONS - D None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS B. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION TO FiLL THE VACANCY CREATED BY THE RESIGNATION OF BUFORD CRITES (Continued from Earlier in the Meeting). Mayor Kelly announced the vote as follows: 3 votes for Sabby Jonathan 2 votes for Faith Ladlow XX. ADJOURNMENT Upon motion by Snyder, second by Crites, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 9:17 p.m. ATTEST: �. ASA.J MARY P. FI ER, DEPUTY -I TY CLERK CiTY OF PA DESERT, CALIFORNIA faa„_ RIC ARD S. KELLY, MAYOR/ 26 }