Loading...
HomeMy WebLinkAbout1987-01-08MINUTES REGULAR/ADJOURNED CITY COUNCIL MEETING THURSDAY, JANUARY 8, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • 1. CALL TO ORDER Mayor Kelly convened the meeting at 4:30 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly III. INVOCATION - Mayor Pro-Tem Jean M. Benson 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, Ctty Attorney Sheila R. Gilligan, City Clerk/Secretary 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 Adjourned Joint Meeting of the City Council and its Redevelopment Agency for November 20, 1986, and of the Regular City Council Meeting of December 11, 1986. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants Dated 11/30/86, 12/05/86, 12/12/86, 12/12/86, and 12/19/86. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Host International/Marriott Corporation for Marriott's Desert Springs Resort, 74-855 Country Club Drive, Palm Desert. Rec: Receive and refer to the Department of Community Services for processing. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Charles Pendleton, General Partner for Original Mesquites, 73-030 El Paseo, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Richard F. Gregor' for Palm Desert Wine & Spirits, 74-115 Highway 111, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gregory S. Frech and Timothy C. Thompson for Chateau Gourmet, 41-555 Cook Street, Palm Desert. Rec: Receive and refer to the Department of Community Services for Processing. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bruce Mercy and Kathleen M. Vollstedt for Great Ideas Unitd., 42-220 Green Way, Palm Desert. Rec: Receive and refer to the Department of Community Services for processing. H. CLAIM NO. 032 AGAINST THE CITY by Jeffrey H. Davidian in the Amount of $500,000 for Alleged Injuries. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. 2 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • I. CLAIM NO. 034 AGAINST THE CITY by Mrs. J. W. Arnold in the Amount of $263.13 for Alleged Damages to Her Automobile. Rec: By Minute Motion: 1) Deny the Claim; 2) Deny the Claim because it did not occur in the City of Palm Desert; and 3) Instruct the City Clerk to so advise the Claimant. J. CLAIM N0. 036 AGAINST THE CITY by Daniel Shear in an Unspecific Amount for Alleged Damages to His Vehicle. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. K. MINUTES OF THE BUILDING BOARD OF APPEALS & CONDEMNATION of November 13, 1986. Rec: Receive and file. L. REQUEST FOR APPROVAL of Change Order No. 1 for Contract No. 00-109 (1091), Traffic Signal & Roadway Improvements - Paul M. Gardner Corp., Contractor. Rec: By Minute Motion, ratify the City Manager's approval of Change Order No. 1 to Contract No. 00-109. M. REQUEST FOR APPROVAL OF FINAL TRACT MAP 21791 - Germain Development Co., Inc. Rec: Waive further reading and adopt Resolution No. 87-1, approving Final Tract Map 21791. N. CONSIDERATION OF A PETITION FROM DE FRISCO'S HAIR DESIGNS FOR AMENDMENT TO CITY REGULATIONS RELATIVE TO SMOKING IN PUBLIC PLACES. (Continued from November 13, 1986, Meeting.) Rec: By Minute Motion, deny the request. 3 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 6, 1987 s s a * • a s s • a a * a a r • • s • a --- • t • w • s 0. CONSIDERATION OF A REOUEST BY MARRIOTT CORPORATION FOR APPROVAL OF A FIREWORKS DISPLAY FOR ITS FEBRUARY 19, 1987, GRAND OPENING. Rec: By Minute Motion, approve the request contingent upon the City's receiving proof of a $1,000,000 Insurance coverage. P. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-178 WITH THE COUNTY OF RIVERSIDE ROAD DEPARTMENT FOR REIMBURSEMENT TO THE CITY OF PALM DESERT FOR ROAD IMPROVEMENTS CONSTRUCTED ON COUNTRY CLUB DRIVE IN THE COUNTY OF RIVERSIDE. Rec: By Minute Motion, approve Agreement No. 00-178 and authorize the Mayor to execute same. Q. REQUEST FOR EXTENSION OF TIME TO COMPLETE THE PALM DESERT TOWN CENTER STORM DRAIN. Rec: By Minute Motion: 1) Authorize the City Council to award the Palm Desert Town Center an extension of time to complete the installation of the storm drain; and 2) Waive the parking requirement of J. W. Robinson from March 19, 1987, through June, 1987. R. REQUEST FOR APPROVAL OF AMENDED LEASE (00-175) WITH THE COUNTY OF RIVERSIDE FOR THE NORTH PALM DESERT FIRE STATION. Rec: By Minute Motion, approve the amended lease and authorize the Mayor to execute same. 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 s . . . * * * * * * • s . . . • * * . -. - • S. REQUEST FOR AUTHORIZATION to Cali for Bids for a Second Street Sweeper. Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for a second street sweeper for the Public Works Department; and 2) Appropriate an additional $16,000 for continuance of the contract sweeping service for the remainder of the 1986-87 fiscal year. Mr. Altman asked that Item M be held for discussion with the item dealing with the building pad heights adjacent to the Sagewood Development under Old Business. Council so agreed. Councilman Snyder moved to approve the Consent Calendar as presented with the exception of Item "M". Councilmember Benson seconded the motion. Motion carried by unanimous vote. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 492 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 15.16 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO THE UNIFORM FIRE CODE AND ITS MAXIMUM BUILDING HEIGHTS. Mr. Altman said that the recommendation came from the Cove Communities Public Safety Commission and it really did not affect us as our zoning ordinance already restricted the building height in the City. 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • •--•• • • • Mayor Kelly, Chairman of the Cove Communities Public Safety Commission, added that the City had no intention of allowing buildings over that height anyway. Mr. Erwin advised that while it in essence did not change any of the existing municipal code, this ordinance merely added the restriction to the Uniform Fire Code of the municipal ordinance. Upon motion by Snyder, second by Wilson, Ordinance No. 492 was passed to second reading by unanimous vote of the Council. B. ORDINANCE NO. 489 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 8.16.060 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO COLLECTION AND DISPOSAL OF SOLID WASTE (Continued from the Meeting of December 11, 1986). Mr. Ortega reported that at the last City Council meeting in December, the issue before the Council was an amendment of the City's municipal code pertaining to who could or who could not haul solid waste in the City. He noted that there were a couple of interpretations that had been made by a judge in a recent court ruling. He further noted that the attorney who had represented the City in this particular case was present and had recommended that the Council adjourn to Closed Session for the purpose of discussing this matter. Councilman Wilson moved to adjourn to Closed Session in accordance with Section 54956.9 (b) of the Government Code. Councilman Snyder seconded the motion. Motion carried by unanimous vote. Mayor Kelly adjourned to Closed Session at 4:45 p.m. Council reconvened at 5:10 p.m. Councilman Snyder moved to take no action on the proposed ordinance at this time and to direct staff to bring back to the City Council a report on the sections pertaining to this matter. Councilmember Benson seconded the motion, and motion carried by unanimous vote. 6 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • • * a a • • * a For Adoption: • JANUARY 8, 1987 • • • • • • • • • • • * A. ORDINANCE NO. 487 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING A NEW SUBSECTION (E) TO SECTION 5.86.050 OF CHAPTER 5.86 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, PERMITTING A MEN'S AND WOMEN'S FASHION AND BEAUTY SALON TO CONDUCT MASSAGE SERVICE. Mr. Altman reported that there had been no change since first reading and recommended adoption. Upon motion by Benson, second by Wilson, Ordinance No. 487 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 490 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF ZONE FROM R-1 TO OP AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND FAIRHAVEN DRIVE. CASE NO. C/Z 86-9 AND PP 86-48. Mr. Altman reported there had been no changes to this ordinance since first reading and recommended adoption. Upon motion by Crites, second by Benson, Ordinance No. 490 was adopted by unanimous vote of the Council. C. ORDINANCE NO. 491 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY R-1, S.P. TO PR-2, S.P. ON A TRIANGULAR SHAPED PARCEL DIRECTLY SOUTHEAST OF THE INTERSECTION OF MESA VIEW DRIVE AND HIGHWAY 74. CASE NO. C/Z 86-7. Mr. Altman reported there had been no changes to this ordinance since first reading and recommended adoption. Upon motion by Snyder, second by Wilson, Ordinance No. 491 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER Item M was removed from the Consent Calendar and was discussed under Old Business Item C. 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • * • • • • --- * • • * X. NEW BUSINESS A. REQUEST FOR CONSIDERATION BY SHADOW MOUNTAIN RESORT COOPERATIVE UNITS OF WAIVER OF SITE SIZE REQUIREMENTS. Mr. Diaz reported that as indicated in the staff report this matter was discussed by the Planning Commission, but it felt that the matter should be considered by the City Council. He reviewed the report and recommendation to approve the request and waive the site size requirements for the cooperative units at Shadow Mountain. He said this recommendation was based on the fact that the units were developed under the County prior to the City's incorporation. He said that while they did not meet the City's requirements as to size, the owners were having a problem with regard to refinancing the units as condo- miniums. MR. TIMOTHY KUHN of Shadow Mountain Resort cooperative units, addressed the City Council stating that the units ranged In size from 620 square feet to 540 square feet. He said there were only 30 units involved. Councilman Wilson moved to, by Minute Motion, approve the request and waive the site size requirements for cooperative units at Shadow Mountain Resort and Racquet Club. Councilmember Benson seconded the motion. Motion carried by unanimous vote. At this point in the Agenda and with concurrence of the Council, Mayor Kelly moved Item A under Continued Business and Item C under Old Business up for consideration at this point In the Agenda to accommodate the people in attendance to speak to the issues. XI. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION BY THE LOCK SHOP, INC. (Continued from the Meeting of December 11, 1986). Mr. Diaz stated that the Architectural Review Commission had reviewed the matter and felt that the placing of the awning against a wall should not be permitted. He said other concerns were the color, which was yellow, and the style of the awning, and that the Commission felt it was not fn keeping with the architecture of the building or the usual purpose of the provisions of the code. 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • MR. LYN MANOR, President of The Lock Shop, addressed the Council and showed slides of the building and where the proposed awning would go. The slides also showed what type of work would be done on cars outside the building, such as replacing door locks, ignition locks, and trunk locks. He said that the awning would be necessary so that cars could pull under it In the heat of the summer months, allowing the workmen to work on the extremely hot metal. He also noted that he personally could not be exposed to the summer sun as he had skin cancer and this provided the workers a place to get out of the sun. He also stated that the awning was the same color as the one used on their previous building and one which had been approved previously by the Architectural Review Commission. He concluded his remarks by stating that the awning also provided signage for the rear of his building. Upon question by Councilman Crites, Mr. Diaz responded that The Lock Shop would be allowed signage on every side that abutted parking. Councilman Wilson asked why the Architectural Review Commission was objecting to the color now when it had been approved two years ago. Mr. Diaz responded that staff was approving them at that time and could not answer as to why staff had approved the color. Councilman Wilson stated that since the City had previously approved the color and Mr. Manor had spent money on the awning and the sign, that If Council felt the awnf'ng was justified in that location, the color should be accepted. He noted that there were colors from yellow to orange on El Paseo as well as from green to blue, noting that the City had not been consistent in any color scheme. Councilmember Benson noted that the building in front of The Lock Shop blocked the view of the awning anyway. Councilman Crites said that it seemed that the Architectural Review Commission objected to the awning being erected on a blank wall. While he felt that the applicant was entitled to the awning for the purposes he had stated, he felt that the color should be approved by the Architectural Review Commission. 9 1 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • - s • • • To this, Mr. Manor responded that Commissioner Holden and Commissioner Martin had Indicated they had no objection to the color of the awning. Councilman Wilson moved to grant the appeal and allow the awning as requested. Mayor Kelly seconded the motion. Motion carried by a 4-1 vote, with Councilman Crites voting NO. OLD BUSINESS C. CONSIDERATION OF A REQUEST BY NOELL W. ROBINSON FOR RECONSIDERATION OF BUILDING PAD HEIGHTS IMMEDIATELY ADJACENT TO SAGEWOOD DEVELOPMENT. Mr. Diaz said that the letter presented by Mr. Robinson spoke for itself, that the grading permit was issued on a plan that lowered the height of the building pads adjacent to the existing Sagewood project by two feet below that of the proposed tentative tract map. He said that the situation that existed on the site at the time of approval made the grade level substantially higher than the developed property to the north. He said that the grades were being dropped and the developer was requested, after numerous meetings, to drop an additional two feet, and he had done so. Mr. Folkers agreed and said that the developer did do as he had been requested, subsequent to the meetings with staff, the Mayor, City Manager, and residents of Sagewood. Mr. Noell Robinson, 4022 Sagewood Drive, addressed the City Council relative to the letter he had submitted on December 29, 1986. He said they had never received a final copy of the proposed grading plans, even though they had been asking for them for three months. He said he had also been asking for a copy of the plan for the proposed wall. He said that when he finally got the grading plans the first time he asked the Public Works Department for them, the plan for the wall was on the grading plan. He said that with the copy of the grading plan he could now compare it to what had been approved in the meeting. He said that while two lots had been lowered by two feet, the balance of the lots had only been lowered by eight inches. He said that when the homeowners received copies of the plans from the developer, Mr. Germain, each letter had a copy of the wall plan and showed existing elevations. He said that each plan was different; 1.e., one plan would say that the retaining wall varied four feet to five feet plus or minus a few inches, and another would say two feet to 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • • three feet, and he felt that the residents were being defrauded. He said that the grading was exactly the same height as it was before the City said it had to be lowered by two feet, that the builder was saving money by not moving the dirt, and that the builder was the only one who was going to profit from this because the walls were going to be eight to ten feet high in his back yard and that this was not going to benefit the Sagewood property owners, nor would it benefit the people who bought the homes in the new development. He concluded by stating that if the lots could drain to Hov l e•y, then there was no need to raise the lots. He urged the City Council to help them. Mrs. Carol Robinson addressed the Council. She stated that she had been objecting to this project and the height of the pads since it had been before the Planning Commission. She said now they were looking at houses that were sitting on top of sand dunes and that no one was going to benefit from this except the developer. Upon question by Mayor Kelly, Mr. Folkers responded that the grading was substantially complete at this point, the pads were cut in, the sewer line was in, and they were beginning to form out for foundations. He said the Public Works Department had received a letter from them today asking for pad certification. Councilmember Benson stated that she had gone out and looked at the project on Monday and felt that there was a big problem in the whole area out there. It was just another situation like on Salt Cedar. She said the elevations between lots were all different and there seemed to be no consistency. She could see no benefit from the pads being as high as they were and that the land further south of it would have an even bigger problem. Councilman Crites stated that the problem was the topo- graphy of the land and probably the only solution would be for all developers to haul the sand out and put it on lower property, which would be an enormously expensive proposition. He said it was not just this property but that the problems existed all over town. He asked Mr. Diaz to respond to Mr. Robinson's statement that he had trouble in getting cooperation with the Community Services Department in obtaining a copy of the grading and wall plans. 11 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • * • • • • • • • • • a a • • • • • • • ^ • • • Mr. Diaz responded that, yes, there had been a lack of communication, but initially they had been talking about a lot two and a half feet above whfch was to be dropped six inches. He said it became a trade-off between privacy and aesthetics. He said they had never thought of taking that area and the area east of it and lowering it by moving all the dirt. He said that he did not have the grading plans, nor did he have the wall plans, and was merely responding to Mr. Robinson's inquiry. He apologized that he did not know that they were in the Department of Public Works. He said that the discussions had been going on for a long time and when the agreement was reached with the applicant and the people, he had been on disability leave. Mr. Altman stated that he had joined the meeting that the Mayor held with the developer and residents of Sagewood. He said that the developer had initially refused to do anything inasmuch as he had already been issued a permit but upon pressure from the Mayor and the City Manager he did agree to lower two lots, the only two lots that back up to Sagewood. Mr. Folkers pointed out that those two lots had been lowered by two feet and others had been lowered by different dimensions. He said that the natural lay of the land is, in some cases, five feet, which meant that some of the lots had been dropped by nine feet. He said if the whole area had been owned by one developer and graded for one project, the natural lay of the land could have been worked out. Because the natural lay of the land was very high, it was going to cause problems because it was not flat. Mr. Robinson said that if what Mr. Folkers said was true, then the wall behind the Ayott property would be 12 feet tall. Mr. Erwin advised that the developer had a grading permit and appears to have complied with the issued permit. He said if he didn't have a building permit as such that there were no vested rights. At this point, Mr. Conlon informed him that he did have building permits. Mr. Erwin stated then that because building permits had been issued, the property owner did in fact have, in his opinion, vested rights. 12 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • • • • • • • • • • • • • JANUARY 8, 1987 • • • • • • • • • • • • Councilman Crites asked if the only thing that the developer didn't have was the Building Pad Certification, could the City hold that up? Mr. Erwin said that the City Council could, but that it would be ill advised if in fact building permits had been issued because the City would be potentially violating the developer's vested rights. MS. DONNA AYOTT, 40-200 Sagewood Drive, said that they had been complaining since July and urged the City Council to do something to eliminate the problem. Mayor Kelly asked whether or not the Council could hold the pad height certification until the next Council meeting and give staff and the Council time to see if some alternative could be worked out. Councilman Crites responded by saying that he thought that at some point the City Council had to make a decision about these issues as a whole. He said these situations existed all over town where vacant property was being developed next to existing homes and because of the lay of the land, the pads were all elevated. He felt that this was a major policy decision which would affect staff functions, and the Council needed to have a set policy that dealt with all vacant property; people need some kind of firm policy guideline on this, and staff deserves it as well. Mr. Altman said he did not feel a two -week continuance would accomplish anything, as staff was out of solutions. The grading ordinance was not the problem; the problem was the lay of the land. He said these problems existed in tracts all over town. In fact, the Summit project, Lewis Homes behind Salt Cedar, and Desert Falls were worse than this situation. Mr. Robinson addressed the Council and again stated that the developer had defrauded them. He wanted it worked out with the City Council and did not want to litigate it. MR. BOB FATCHER, 74-957 Highway 111, Indian Wells, said that he had submitted a letter of certification on the grading pads and that as far as he was concerned the grades were In accordance with the grading plan. 13 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • •- ♦ -• • • MR. DAVE GERMAIN, 1750 Camino Parocella, Palm Springs, spoke as the developer and said that the information sent to the property owners in Sagewood was from the original tentative tract map. It was rough information supplied to him by his engineer. It was not a final grading plan. He said that to put a red tape on his project at this time would be a real tragedy. He said he was willing to withhold work only on the construction on the two lots immediately adjacent to Sagewood. Mayor Kelly said that the Sagewood property owners, the developer, and City staff had met and made an agreement in good faith. He said the developer had abided by that agreement. He said the Council was trying to work something out. Councilman Crites moved to Issue a stop work order on the back six lots, numbers 8, 9, 10, 11, 12, and 13, of this project for a maximum of two weeks, allowing the developer to work on all other lots, and within that two -week period staff would determine whether or not the figures presented by the developer to the Sagewood property owners are accurate. Motion was seconded by Councilmember Benson. The developer's engineer asked at this point whether or not this would include a stop work notice on construction of the wall. Councilman Crites responded that the motion did include construction on any walls on those particular lots. Motion carried by a 4-1 vote, with Councilman Snyder voting NO. Upon motion by Wilson, second by Crites, Item M of the Consent Calendar was continued to the meeting of January 22, 1987, by unanimous vote of the Council. Mr. Altman advised that he would be the staff person responsible for this and would bring in any other appropriate members to assist him. Mayor Kelly adjouned to the dinner session at 6:50 p.m. He reconvened the meeting at 7:10 p.m. 14 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • ••••The following items were discussed at the conclusion of Public Hearings which commenced at 7:10 p.m.•••• B. CONSIDERATION OF COUNCIL POLICY WITH REGARD TO DEVELOPERS MEETING WITH COUNCILMEMBERS INDIVIDUALLY TO DISCUSS PROPOSED PROJECTS AS IT RELATES TO POTENTIAL VIOLATIONS OF THE BROWN ACT. (Mayor Pro-Tem Jean Benson's Request) Councilmember Benson said she was often approached by developers who told her they had already talked to two other Councilmen who liked their project and now wanted to meet with her to get her input. She felt it was a violation of the Brown Act. Mr. Erwin said that it was an area the legislature would like to cover but that interpretations were such that there were two things that had to come together for there to be a violation of the Brown Act: 1) There has to be at least a majority of the decision making body, and 2) that that majority reaches a decision. If those two things are done out of the public meeting situation, there Is a violation of the Brown Act. He further stated that nothing said that Councilmen could not meet with developers to hear an explanation of their project. The gray area was when they asked the Councilmen for their decision or tried to get their vote In advance of the public meeting. He said that it was very Important for elected officials not to get to the point of making a decision prior to the open meeting. Mayor Kelly said that if any citizen wants to talk to him, he will let them do it. If they ever say he made a commitment, they were lying. Councilman Crites said if a developer wanted to sit down and present a project to him, he had an opportunity to say yes or no. Listening to a developer's position was no different than listening to one of a mobile home park tenant. Councilman Wilson said that if any citizen wanted to talk to him, he would not make a commitment except to say that he would take his comments into consideration during the public testimony portion of the public meeting and that he would not make a decision until the Council had input at the public meeting. 15 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1967 • • a • • a • • • a • • • • • • • • a • • --• - • • • Councilman Snyder said he had an obligation to meet with his constituents when they asked to, and developers were in fact constituents. However, he would never indicate his position or how he might possibly vote. Counciimember Benson thanked her colleagues and the City Attorney and said she would follow the same policy. No action was taken on this item. C. ANNOUNCEMENT OF CITY COUNCIL ACTION IN CLOSED SESSION TO FILE A PETITION WITH THE FEDERAL COMMUNICATIONS COMMISSION WHICH IF IT AGREES WITH THE CITY OF PALM DESERT'S POSITION WILL ESSENTIALLY PREVENT COACHELLA VALLEY TELEVISION FROM DEREGULATING ITS RATES. Mr. Ortega reported that the City's special counsel had filed a petition with the FCC in opposition to CVTV's deregulation and also asking that the proposed rate increase for February 1st be held in abeyance until the Commission ruled on the petition. He noted that copies of the filing were available for Council review and for the media. No action was necessary by the Council at this time. D. TRAFFIC REPORT BY SGT. STAN SNIFF. (This item was discussed immediately before the Public Hearing section of the Agenda.) Sgt. Sniff presented the Council with a report which outlined results of a review of the traffic team by representatives of the State. He said it pointed out the team's strengths as well as areas that might be improved. He noted that with the tremendous population increase in the City, both traffic and traffic incidents had increased. Councilman Snyder complimented the traffic team for an excellent job. He said the results of creating our own police department within the Sheriff's Department were excellent, and this was another example of it. Mayor Kelly agreed and thanked Sgt. Sniff on behalf of the City. E. REQUEST BY MRS. JOANNE BERGMAN FOR REGULATION OF EARLY CONSTRUCTION HOURS ON PORTOLA AVENUE STORM DRAIN INSTALLATION. (Mayor Dick Kelly's Request) Mayor Kelly said he had received this letter and asked that it be considered on the agenda. He said he felt the special permission for early work hours should be 16 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • rescinded as he believed it to be only for the summer months. Mr. Altman stated that the contractor had been given special permission by the City Council to begin work at 6 a.m. in an effort to expedite the project and that input from other residents was more in favor of getting the project completed. He said that there had been a problem with pipe being delivered at 5 a.m. but recommended that the Council continue with the early start-up with the understanding that 6 a.m. was the earliest. Councilman Snyder agreed that the early start-up should continue to expedite the completion of the project but added that the management of the project by C.V. Water District was atrocious. He said the way C.V.W.D. was allowing our streets to be left was horrible. Mr. Altman noted that the Council would be hosting a breakfast with that agency's board and staff on January 29th and suggested that it be a topic for the agenda. Council concurred with leaving the hours of construction for this project as they were, and no action was taken on the request. F. REQUEST FOR APPROVAL OF AMENDMENT TO COOPERATIVE AGREEMENT NO. 00-179 AND LEASE FOR A SHERIFF'S SUBSTATION (CONTRACT NO. 00-180) WITH RIVERSIDE COUNTY. Mr. Ortega reviewed the staff report and recommendation. Upon question by Councilman Snyder, Mr. Altman responded that the next step was to convene a meeting of the Civic Center Steering Committee and to direct the consultant to expedite that particular part of the plan. Councilman Crites moved to, by Minute Motion, approve the Amended and Restated Cooperative Agreement (No. 00-179) and approve in concept the Lease Agreement (No. 00-180) with Riverside County for the Sheriff's Substation. Councilman Wilson seconded the motion, and the motion carried by unanimous vote. XII. OLD BUSINESS A. CONSIDERATION OF PROPOSAL FOR IMPROVEMENTS TO THE EMPLOYEE LOUNGE AND MODIFICATION TO CONFERENCE ROOM. Mr. Altman explained that Councilmember Benson had asked staff to look into what could be done to make the employee lounge more comfortable inasmuch as it is used for 17 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • a a a • • • • • • • • • • • • • • a • • • • • receptions and meetings as well as by the employees. He said that a committee formed was recommending that the City engage the services of John Outcault (who had been present earlier in the meeting to answer questions) to expand the lounge into a conference room and lounge by using the patio space between the Administrative Services Building and the Council Chamber Building. These services would cost $6,400, and he recommended Council's action to appropriate same. Councifinember Benson added that she felt the employee lounge was very cold and drab and not a very attractive place for either the employees or the many receptions the City was now hosting. She moved to approve the proposal submitted by John Outcault and to appropriate $6,400 for his services. Councilman Snyder seconded the motion, and the motion carried by a 4-1 vote with Councilman Wilson voting NO. B. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT NO. 00-170 - THE JOSLYN COVE COMMUNITIES SENIOR CENTER IMPROVEMENTS CONTRACT TO SIMMONS CONSTRUCTION COMPANY. Councilman Wilson moved to, by Minute Motion, authorize the award of Contract No. 00-170 to Simmons Construction Company in the Amount of $45,678.00. Councilman Crites seconded the motion, and the motion carried by unanimous vote. C. CONSIDERATION OF A REOUEST BY NOELL W. ROBINSON FOR RECONSIDERATION OF BUILDING PAD HEIGHTS IMMEDIATELY ADJACENT TO SAGEWOOD DEVELOPMENT. This item was considered earlier in the Agenda. D. CONSIDERATION OF A TRAFFIC SIGNAL AT ENTRANCE TO MONTEREY COUNTRY CLUB. (Mayor Pro-Tem Jean Benson's Request.) Councilmember Benson said she was concerned about this because of the many letters Council was receiving from the residents of Monterey Country Club. She felt there was a greater need for a signal here than at Palm Desert Greens where the City had approved copayment of a signal in an area that was not even in the City. Mr. Altman responded that Dick Folkers had been working on this and that the City of Rancho Mirage did not intend for Clancy Lane, which is immediately across from this entrance, to be much of a street and was not, therefore, willing to participate in a signal. He said Public Works was conducting a traffic survey there now. 18 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • * • • • • • • XIII. In response to question by Councilmember Benson, Dick Folkers said that moving the existing signal which is up the road would be as expensive as installing a new one. Councilman Crites stated that Monterey Avenue was experi- encing a great deal more traffic because of the closure of Portola Avenue, and it would be lowered once Portola was reopened. Councilman Wilson pointed out that the developer installed the existing signal, not the City. Councilman Snyder said that if the City installed a signal every place someone complained about, the City would have one at every corner. Mr. Altman noted that the City had spent over $1,000,000 on signals and that staff should probably at this point make a list of proposed locations for Council prioritization for future installations. No action was taken on this item. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Wilson said that Sgt. Sniff's traffic report pointed out a number one traffic problem at El Paseo and Highway 74. He said a left-hand turn lane was necessary there and asked whether or not this data could be used to convince Caltrans of the need. Mr. Altman responded that the original cost for this revision was $17,000, and Caltrans was unwilling even then to make it, but staff would investigate its interest now with the new report. Councilman Wilson said in doing some research at the U.C. Riverside Library, he came across some data in a textbook which stated the Coachella Valley was the highest subscriber to cable television. He asked if this could be used as future proof to the FCC that we are a captive audience. It was agreed Mr. Ortega would get more details from Councilman Wilson for submission to the City's consultant. 19 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • a a • • • a • • • • • • • • • • • - -•- • • • Councilman Crites asked that the chimes be turned off during Council meetings. He further asked that staff get in touch with the City of Rancho Mirage to see if they could not better enforce trash control at the corner of Monterey Avenue and Country Club Drive. He said it was beginning to look like a dump site. XIV. ORAL COMMUNICATIONS - B None XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION These items were discussed after the Public Hearing portion of the Agenda. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF BUFORD CRITES. Councilmember Benson stated that she and Councilman Crites, as a subcommittee, had reviewed all applications and were recommending that the Council interview six individuals for possible appointment. These interviews would be scheduled for an hour before the meetings of January 22nd and February 12th. B. CONSIDERATION OF APPOINTMENT OF JULIE BORNSTEIN TO THE CIVIC ARTS COMMITTEE. Upon motion by Crites, second by Benson, Ms. Julie Bornstein was appointed to a two-year term on the Civic Arts Committee by unanimous vote of the Council. C. REQUEST BY COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR APPOINTMENTS OF COUNCILMEMBERS TO SERVE ON ITS PUBLIC SAFETY COMMITTEE AND ITS HOUSING COMMITTEE. Upon motion by Wilson, second by Snyder, Councilman Crites was appointed to the Public Safety Committee, end Councilmember Benson was appointed to the Housing Committee by unanimous vote of the Council. 20 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 . . * * . . . . . . * . . . • * . * . . . * . . . XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF CHANGE OF ZONE, PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A RETAIL/RESORT COMMERCIAL PROJECT OF SOME 90,636 SQUARE FEET ON A NINE ACRE SITE LOCATED AT THE NORTHEAST CORNER OF FRED WARING DRIVE AND HIGHWAY ill - JOE SEITZ, APPLICANT. (Continued from Meetings of August 14, 1986, September 11, 1986, and November 13, 1986.) Mr. Diaz reviewed the staff report and Planning Commission recommendation that the project and its uses complied with the requirements of the zoning ordinance. He noted that two Commissioners had voted against it feeling that the ancillary uses of this project too liberally construed those in the Resort Center Zone District. Mayor Kelly declared the Public Hearing open, and the following individuals spoke in favor of the project. MR. JOE SEITZ, Santa Anita Development, 1601 Avacado, Newport Beach, California, spoke as the developer. He said he had worked with adjacent property owners on a block wall; he had diligently coordinated his project with the adjacent hotel to make sure it would blend; he noted the Planning Commission had approved it twice and that the Architectural Review Commission had approved it by unanimous vote. He said it was consistent with the requirements of the PC4 zone, and that the City Attorney had issued a report stating that. Mayor Kelly invited testimony in opposition to the project, and none was offered. He closed the public hearing. Council Questions: Crites: Would there be objection to additional conditions to require a water concept on the Highway 111 border and one which would prevent construction until the adjacent hotel was under construction. Seitz responded he would not object. Kelly: Asked about condition requiring widening of Highway 111. Response was to amend Public Works Condition #12 to include wording "said streets shall be constructed to the satisfaction of the Director of Public Works. 21 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • ..-. -• •- • • • Asked whether or not a convenience store was included. Response was that a self -serve section of the gas station provided vending machines. Council Comments: Benson: Said that in 1973, the City Council was very insistent the City would not be filled with gas stations and used car lots and that every effort would be made to upgrade the City. Opposed to a super market as an ancillary use of the hotel. She said a service station did not belong at the entrance to a street that housed the Cultural Center. She said a more unique use of the land was needed to enhance what is an entrance to the City. Crites: Noted he was on Planning Commission when this was approved. Commissioners felt that hotel occupants needed a petrol station, and it was not good to put these off Highway 111. No excess of gas stations in the City; people are now waiting In line. Design is attractive; hotel is suites with kitchens for market is appropriate ancillary use. A reasonable use of this corner and one that will not diminish in the eyes of the City or community. Wilson: Not happy with the project. This is a choice piece of property and an entrance to the City. Felt something like an art colony would be a better and more unique use. He said the City prided itself in having the only Art in Public Places program in the County and had more art galleries than any other community fn the Coachella Valley. Nothing glamorous about this project; just another commercial center. The City is trying to get Highway 111 to look like something, and this project doesn't do it. Snyder: Serious difficulties with the project on this property and in particular the gas station, but the project had been before both the Council and Planning Commission several times and there was no reason to send it back to the Commission. It had recommended approval, and he felt the Council should rely on its good judgment. He said Council had to consider that when people purchase property and create designs for it, good justification must be found for turning it down. He did not see any justification In this case. Kelly: Would rather see an art colony but agreed it was probably not economically feasible unless the City bought the land and did it. He said that the project and its open space was better than the project across from it which backed up to 22 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 . . . . * * * . * . . * * * . * * * * * * * * . . the street. Council and Commissions had been reviewing it for a long time, and all Commissions had approved it. Mayor Kelly reopened the public hearing to receive comments from Mr. Warren Hickey who objected to Councilman Crites voting on this matter since he had voted to approve it when he was on the Planning Commission. Mr. Erwin advised that Mr. Crites was a duly elected Councilman and was not required to disqualify himself because he was at the time this came through the Planning Commission a member of the Commission. Mayor Kelly closed the public hearing. Councilman Crites moved to waive further reading and pass Ordinance No. 469 to second reading and to waive further reading and adopt Resolu- tion No. 86-93, amended to include the following: Public Works Condition 412: Add "said streets shall be constructed to the satisfaction of the Director of Public Works. Add City Council Conditions: 1. Construction of the project, except for grading, shall not commence until the foundation for the adjacent hotel (Raffles) are placed. 2. There shall not be a convenience store on the site, and any non -automotive products in the service station site shall be limited to products normally sold in vending machines, a description of which must be approved by the City; sale of alcoholic beverages from the service station site is expressly prohibited. 3. The landscape plans at the corner of Fred Waring Drive and Highway 11l shall include a water element. Mayor Kelly seconded the motion. Motion carried by a 4-1 vote with Councilmember Benson voting NO. B. 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 Meeting of November 13, 1986.) Mr. Diaz reviewed staff's report and recommendation noting that the plans had been revised to increase the amount of landscaping and to modify direct access to Highway 111. Mayor Kelly opened the public hearing and invited testimony in favor of the project. 23 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • MR. FRANK WELLS, 17315 Studebaker Road, Cerritos, California, spoke as the applicant and made the following points: Project amended by moving the north island five feet and parking spaces three feet. Two-way access onto Highway 111 had been tentatively approved by Caltrans. They had met with businessmen in Presidents' Plaza and eliminated their concerns; explained the project to the Redevelopment Project Area Committee and received unani- mous endorsement. Met with El Paseo Merchants Association and received 2-1 support. Met with Palm Desert Property Owners' Association and felt comfortable it would approve it. Upon question, he responded that the Association had raised questions which his architect was going to answer when he met with them so no final approval had been given. MR. CLYDE SWEET, Manager of Ludwig Engineering of San Bernardino, detailed the revisions made to the plan in cooperation wfth Caltrans. He said that their marketing survey indicated this would be a high use store but with minimum impact. He said traffic was already on the street, and this would only produce a 1.3% increase. Parking being provided was adequate, and traffic would flow better than what is there now. MR. JACK DAHLSTROM, Attorney for the applicant, 74-133 Ei Paseo, asked that he be allowed to rebut opposition. Mayor Kelly invited testimony in opposition to the project, and the following spoke against the project because of the increased traffic, parking problems, bad pedestrian traffic pattern, pedestrian safety, and the convenience store and the inevitable trash it would bring. MR. HENRY HOYLE, 73-340 Broken Arrow, Palm Desert, spoke as an El Paseo Merchant and added that no vote was taken at the Ei Paseo Business Improvement Area meeting. MR. WARREN HICKEY, Hales Men's Store of El Paseo. Mayor Kelly invited rebuttal, and the following spoke: MR. JACK DAHLSTROM said that ten people had attended the El Paseo meeting and that three had vehemently opposed the project. He said Chairman Don Davis had said that his initial concerns about the project had been relieved by the new ingress and egress. He said this project was pedestrian friendly. This project would aesthetically improve what he felt to be the ugliest corner in the City. 24 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • a • • a • • • • • a • a • • • • • • • • • Mayor Kelly closed the hearing. Council Ouestions: Crites: Could sidewalks be required on the frontage road over to Portola, to which Mr. Diaz responded yes. Council Comments: Benson: No objection to improving the gas station but putting a convenience store at the corner that already has the highest collision rate seemed unreasonable. She noted the letter from the Chairman of the Redevelopment Agency's Project Area Committee which stated that the Committee didn't feel this proposal was consistent with good use of that site. She felt Council should accept its opinion in that they had spent much time in studying it. Crites: Project enormously improves traffic circulation. Project Area Committee right on the money that the project thoroughly upgrades what is there but perhaps is not what is best for that corner. Based on the new information from the Committee, Mr. Diaz recommended a month's continuance to allow for a meeting of the Agency and the Committee. Mayor Kelly reopened the hearing and asked the applicant if a continuance was acceptable. Mr. Wells responded it was and added that if the City felt another site was more acceptable, they would be willing to negotiate a trade. Upon motion by Wilson, second by Benson, the item was continued to the City Council meeting of February 12, 1987, by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF A MASSAGE PERMIT BY IRENE A. HALL. Mr. Altman stated that the Code Compliance Department and the Police Department had made necessary investigations, and it was their recommendation to approve the request. Mayor Kelly opened the public hearing and invited testimony in favor of the request; none was offered. He invited testimony in opposition to the request; none was offered. He closed the public hearing. 25 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • - a • • • Council Questions: Snyder: Would work be conducted at the home. Mr. Allen responded that the home address could be used as the business address but no work could be conducted in the home. Councilman Crites moved to, by Minute Motion, approve the request and authorize the Director of Code Compliance to issue a Massage Permit. Councilman Wilson seconded the motion. Motion carried by unanimous vote. D. CONSIDERATION OF A REQUEST 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, S.P. ZONE AT THE NORTHEAST CORNER OF HIGHWAY 111 AND DEEP CANYON ROAD - THOMAS MILLER AND SUNCASTLE REAL ESTATE, APPLICANTS. Mr. Diaz reviewed the staff report and recommendation. He said that both the Planning Commission and the Architec- tural Commission worked a long time on this project which had been substantially revised at the direction of both Commissions. He noted that while the Agenda recommenda- tion stated an ordinance, it should in fact be Resolution No. 87-4. Mayor Kelly invited public testimony in favor of the project, and the following spoke: MR. SANDY BAUM, 45-800 Deep Canyon Road, Palm Desert spoke as a representative of Thomas Miller, the developer. He said that they had met with the board of directors of Hidden Palms whfch resulted in additional conditions of approval to alleviate their concerns. Caltrans concerns had also been satisfied. He said the project would be well landscaped to afford privacy to adjacent residents. He closed by saying that the Project Area Committee had reviewed this project. MR. BOB FOSTER, 2804 Bentway Circle, Wichita, Kansas, spoke as the developer. He said that their feasibility studies showed these types of uses to be needed in the city. He noted he was the franchisee of the hotel and restaurant. MR. JAY FLOOD, Flood Meyer Architects, Santa Monica, said that a mobilemart was included, not a 7-11 type store. He said the area was 7-800 sq. ft. and would house 26 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 * . . * * . ; * * • * . * * * vending machines only. He noted that the proposal also included a self-service car wash which was 16 feet wide by 28-30 ft. long. MR. KENT KENDALL, 930 Orangethorpe, Anaheim, outlined how the car wash operated. He said he had measured the noise levels existing at the corner at 5:10 p.m. that date. He said that 10 ft. off the highway, the noise was 65 decibles and that while the highest reading was 85 decibles, the consistent level was 70-72 decibles. On Deep Canyon and 120 ft. off the highway, the noise was 60 decibles; 20 ft. in off Deep Canyon, the highest reading was 78 decibles, with a consistent level of 66 decibles. He said the car wash at 100 ft. in would be at 64 decibles which is less than the ambient noise levels measured. Mayor Kelly invited public testimony in opposition to the project, and the following was offered: MS. MARIAN KENNY, 44835 Deep Canyon Road, said she did not feel this corner should be "trashed" with a gas station and car wash. She said she did not want to live next to the noise the car wash would give off all day long. She felt this project would depreciate her property values and that the City was turning itself into a Cathedral City. MS. BEVERLY SCHAEFFER, 44-615 Monaco, Palm Desert, said that Deep Canyon Road was already too busy with traffic and that this project would have a very negative impact on the Hidden Palms homes and those on Deep Canyon with its 24-hour gas station and its car wash. MR. BRUCE PEDDINGILL, Deep Canyon Road, said he felt the hotel was appropriate but opposed both the gas station and car wash. Mayor Kelly invited rebuttal, and Mr. Baum said that the lot at the corner of Alessandro and Deep Canyon was 250-300 feet from the car wash; the comments made by Ms. Shaeffer about property values were substantives, not factual; the property is zoned PC-4 which allows all the proposed uses. Mayor Kelly closed the hearing. Council Questions: Crites: Is a water element Included In the overall landscaping theme? Mr. Baum answered that there was. Could the berming 27 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • and landscaping be extended so as to obscure the gas station and car wash? Mr. Diaz responded it could be a condition. Kelly: 1s there a convenience store? Baum responded that there was only an area which had vending machines. Wilson: How does project entrance line up with Alessandro? Mr. Folkers said it was directly across from it. Council Comments: Benson: Don't need another gas station or car wash, especially next door to residential. Proposed uses stretch the Intent of the zoning. Only other commercial in the area is a liquor store. Snyder: Complimented efforts of staff and developer on architecture of project. Stretching the zoning to put in car wash and gas station, and they're not needed. Liked hotel. Wilson: Liked layout of hotel and its architecture. Concerns about noise levels of car wash were somewhat alleviated by developer's data presented at the hearing. Crites: Hotel as it had evolved was one he would take pleasure in voting for. 24-hour gas station might create a 24-hour corner of traffic; felt hours should be restricted. Kelly: Liked the hotel and restaurant part of the project. Concerned about car wash and would have trouble voting for an all-night gas station In a predominantly residential district. Councilman Crites moved to waive further reading and adopt Resolu- tion No. 87-4 approving that component of the project which deals with the hotel and associated restaurant facility. Councilman Snyder seconded the motion. Motion carried by unanimous vote. Mayor Kelly reopened the public hearing to ask the Mobil representa- tive if he would agree to limited hours of operation. The represen- tative responded that they would agree to a six-month trial period to test hours or reduce them to 6 a.m. to 12 a.m. Upon question by Crites, he said they would not agree to 6 a.m. to 10; it would have to be 6 a.m. to 11 p.m. Mayor Kelly closed the hearing. 28 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING JANUARY 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder stated that the Redevelopment Agency Project Area Committee was meeting with the Agency Board the following week to make recommendations on this area, and he moved to continue this matter for two weeks. Councilmember Benson seconded the motion but asked that it be amended to continue the matter to February 12 to allow more time to receive feedback on what is going to happen to the proposed ARCo station revision. Councilman Snyder agreed to the amendment to his motion. Motion carried by a 3-2 vote with Councilmen Crites and Wilson voting NO. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Snyder, second by Crites, and unanimous vote of the Council, Mayor Kelly adjourned the meeting to 4:30 p.m. on Thursday, January 22, 1987. ATTEST: SHEILA R. GIL IGAN, CI,T, CLERK CITY OF PALM DESERT, LIFORNIA 29 RI HARD S. KELLY, MAYOR