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HomeMy WebLinkAbout1987-07-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 9, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • * • • * • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Pro-Tempore Jean M. Benson IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tem Jean M. Benson Councilman Walter H. Snyder Councilman 5. Roy Wilson Mayor Richard S. Kelly Also Present: Councilman Buford Crites Bruce A. Altman, City Manager David Yrigoyen, Administrative Assistant David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Ramon A. Diaz, Director of -Community Development/Planning Richard J. Folkers, Director of Public Works Kirby J. Warner, General Services Director V. CONSENT CALENDAR A. MINUTES of tha 4,-L: rnPd/Regular r t,; Council Meetings June 11 and June 2 5. 1 q87 . Rec: Aopr:v rresented. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - warr3r- Nos . WR604 and wRr",07 B. Rec: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • C. APPL i AT 1 ON FOR At cOHOL : C HE vERAGE LICENSE by Chris -Linda. Inc. for Mamma Gina', Re taurant, 73-705 El Paseo, Palm Desert-. Rec: Pece've an F:•. rr_) the Department of Community Se -vices f o, . ' or es� i ng of Conditional Use Permit. 0. APPLICATiON FOR ALCOHOLIC BEVERAGE LICENSE by Safeway Stores, inc. for Liouo- Farn #2093, 72-815 Highway 111, Palm Desert. Rec: Receive and fiie. E. REQUEST FOR ACCEPTANCE OF WORK for Installation of Standby Generator - Contract No. 00-097. Rec: 8y Minute Motion. approve the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. 00-097. F. RESOLUTION NO. 87-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE 1986-87 BUDGET TO PROVIDE FOR APPROPRIATIONS TO CAPITAL PROJECTS RESERVE FUNDS AS OF JUNE 30, 1987. Rec: Waive further reading and adopt. G. REQUEST FOR APPROVAL OF CONTRACT for Cook Street and Country Club Drive Median Maintenance (Contract No. 00- 045-1). Rec: By Minute Motion, authorize a one-year extension of the contract for landscape maintenance on the Cook Street and Country Club Drive medians. H. REQUEST FOR APPROVAL OF Final Map Nos. 20946, 20953, AND 20954. Rec: Waive further reading and adopt Resolution No. 87-62, approving Parcel Map Nos. 20946, 20953, and 20954. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DULY 9, 1987 • • • * • • s • • • s • is • • • • • • • • • • • • I. REQUEST FOR APPROVAL of Final Parcel Map 22285. Rec: Waive further reading and adopt Resolution No. 87-63, approving Parcel Map 22285. J. REQUEST FOR APPROVAL of Library Feasibility Report. Rec: Approve Phase I and authorize staff to proceed with Phase II. K. REQUEST FOR APPROVAL OF MARRIOTT'S REIMBURSEMENT AGREEMENT FOR COUNTRY CLUB DRIVE STREET AND MEDIAN IMPROVEMENTS - TRACT NO. 19619 (Contract No. 00-221). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with the Marriott Corporation for reimbursement of improvements constructed on Country Club Drive by the Marriott Corporation. L. LETTER OF RESIGNATION from Ms. Marci Blatt from the Advertising and Promotion Committee. Rec: Receive with sincere regrets. M. CONSIDERATION OF REVISED AGREEMENT WITH BEST, BEST & KRIEGER FOR CITY ATTORNEY SERVICES (Agreement No. 00-008-1). Rec: Authorize the Mayor to execute the revised agreement with Best, Best 8 Krieger (Agreement No. 00-008-1). Councilman Wilson requested that Item L be removed for separate discussion and action under Section IX, Consent Items Helc Over. Upon motion by Snyder, second by Benson, the Consent Calendar. with the exception of Item L, was approved as presented by unanimous vo`r of the City Council. VI. ORAL COMMUNICATIONS - A None 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 507 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.49.050 OF THE PALM DESERT MUNICIPAL CODE RELATING TO DRAINAGE FEES. Mr. Altman reported that no changes had been made since introduction of this ordinance. Upon motion by Wilson, second by Benson, Ordinance No. 507 was adopted by unanimous vote of the Council. B. ORDINANCE N0. 508 - 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-2, S.P., TO O.P. FOR FIVE LOTS ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN ADONIS DRIVE AND ACACIA DRIVE. CASE NO. C/Z 87-3. Mr. Altman reported no changes had been made since introduction of this ordinance and recommended its adoption. Upon motion by Snyder, second by Wilson, Ordinance No. 508 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER L. LETTER OF RESIGNATION from Ms. Marci Blatt from the Advertising and Promotion Committee. Councilman Wilson stated that he felt Ms. Blatt had done an outstanding job serving on the Advertising and Promotion Committee. He said he also felt the Council should begin the process of replacing her and others whose terms had expired or would be expiring in September. He 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • suggested that a subcommittee of two councilmembers and Jim Lopez, Chairman of the Advertising 8 Promotion Committee, meet to create a questionnaire which would be sent to applicants selected to be interviewed. He added that although Councilmembers Benson and Crites had been on the previous subcommittee, Councilman Crites would be out of town until July 23, and he felt this process should be started prior to his return. Councilman Snyder offered to work with Councilmember Benson to create a l i st of questions to be sent to applicants. Councilman Wilson suggested that Councilmembers review the applications in the meantime and submit names of applicants they feel should be iinterviewed. Council concurred. Councilman Wilson moved to receive with sincere regrets the letter of resignation from Ms. Marci Blatt and express the City's gratitude for a job well done. Motion was seconded by Benson and carried by unanimous vote of the Council. X. NEW BUSINESS A. CONSIDERATION OF A REQUEST BY HARRY G. HOYT FOR AMENDMENTS TO THE CITY'S SMOKING ORDINANCE. Mr. Altman reviewed staff's report and recommendation that no changes be made to the ordinance at this time. Mayor Kelly invited testimony from the audience. MR. RON FLETCHER. owner of Lord Fletcher's in Rancho Mirage, addressed the Council ana stated he felt the smoking ordinances in the Val ley were the result of efforts on the part of the Lung Association, which he felt did not have any ou:siness interests in the Valley ana paid no taxes. He addem that he did not feel the Rancho Mirage smoking ordinance. requiring *wo-thirds for non-smoking and one-third for smoking, was fair to businesses. MR. HARRY HOYT. 72-311 Maryvale, Palm Desert, stated he had spoken several weeks previously as a member of the Lung Association, whose current statistics showed that 74% of the people were nonsmokers. He said he would withdraw his request for 7` % nonsmoking if the Counc i 1 would 5 MINUTES . REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • a • • • • • • • • • • • • • • consider two other alternatives: 1) Follow the same policy as Rancho Mirage and require 66 2/37. nonsmoking; or 2) If that is too strong for Palm Desert, follow the pol icy of Indio and require 507. smoking and 50% nonsmoking. MS. LOIS MALL, 41-055 Largo. Palm Desert, spoke as a representative of the American Lung Association. She disagreed with Mr. Fletcher's statement that the Lung Association did not have any interests in the Coachella Valley and stated that it had members throughout the Valley who were demanding that the Association do something about smoking in public places. She said this was a health issue rather than an economic issue as far as the Lung Association was concerned. Council Comments/Questions: Benson: Stated she had wanted the ratio to be 50/50 when the ordinance was first considered and still felt the same. Wilson: Agreed with staff recommendation that no changes be made at this time because the City's ordinance is working. Felt this was a consumer issue which should be solved by the consumer, and government should not meddle in business by telling them what they can or cannot do when smoking is legal in this country. Snyder: Agreed with Wilson that the City should not intervene any further in this matter and stated he resented playing the role of "big brother" and telling people how they should live. Rather than making changes to the ordinance this time, would prefer to wait and see if the ordinance will work as it is. Kelly: Did not feel the ordinance should be changed. Said it currently requires at least 25% for nonsmoking, which leaves it up to the business owner or restaurant operator the flexibility to adjust to the demand. Councilman Wilson moved to, by Minute Motion, deny the request by Mr. Harry Hoyt to change the City's Smoking Ordinance. Motion was seconded by Snyder and carried by a 3-1 vote, with Councilmember Benson voting NO. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. CONSIDERATION OF AN AGREEMENT WITH THE RIVERSIDE COUNTY DISTRICT ATTORNEY'S OFFICE OF PROSECUTION SERVICES (Contract No. 00-222). Mr. Frank Allen. Director of Code Compliance, reviewed the staff report dated June 25, 1987, and offered to answer any questions. Councilmember Benson moved to, by Minute Motion, approve the Agreement and authorize the Mayor to execute same. Motion was seconded by Snyder and carried by unanimous vote of the Council. XI. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEALS OF BUILDING BOARD OF APPEALS & CONDEMNATION DECISION BY MR. ALLEN TROMBINO AND JUNE HANE. Mr. Ken Weller, Plans Examiner, recommended that the appeals be denied by the Council. He stated that since the last Council meeting, action had been taken by both parties. He said that although Mississippi Jack's and China Jo's had entered into an agreement for reciprocal use of restrooms, they would not permit Ms. Hane to enter into that agreement. He added that he had met with her, and she indicated she could enter into a separate agreement with China Jo's for joint use of their male restroom and she would provide one restroom for female use. Although this would satisfy the City's requirements, the two businesses did not have the same operating hours. He said that Ms. Hane had subsequently sold both Swiss Donut establishments and that the new owner would be attempting to finalize the agreement with China Jo's. He added that Mr. Trombino, owner of The Pastry Swan, had reached a reciprocal agreement with The Ice Cave. Upon question by Councilman Wilson, Mr. Weller explained that the Carver Company representative had been meeting with these peop l e. but so far nothing had been put on paper and brought to ~ne City Attorney for approval. Councilman Wilson asked when the Building Department wou,a begin enforcing to i ; i F the appeals were denied. Mr. Weller indicated that the parties would be given time to work out agreements and if not done within a certain time. then staff would require that the tables be removed. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • ♦ • ♦ • • • • • Councilman Snyder moved to. b' Minute Motion, deny the appeals of Mr. Allen Trombino. owner of the Pastry Swan. and Ms. June Mane, owner of the Swiss Donut #2. and direct staff to notify the appellants that they have 30 days to work out agreement, or remove the tables. Motion was seconded by Benson and carried by unanimous vote of the Council. XII. XIII. OLD BUSINESS None REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin stated that in the time since the Agenda was printed, an item had arisen dealing with Sunterra which needed to be discussed by the Council in Closed Session in accordance with Government Code Section 54956.9 (a). He added that it required a 4/5ths vote of the Council to be considered. Councilman Snyder moved to adjourn to Closed Session at the end of the 4:00 p.m. portion of the Agenda, pursuant to Government Code Section 54956.9 (a). Motion was seconded by Benson and carried by unanimous vote of the Council. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • JULY 9, 1987 • • • • * • • • • • Councilman Wilson moved to adjourn the meeting at 4:47 p.m. to Closed Session pursuant to Government Code Section 54956.9 (a) and reconvene the meeting at 7:00 p.m. Motion was seconded by Snyder and carried by unanimous vote of the Council. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS Mayor/Chairman Kelly convened the Redevelopment Agency meeting at 7:05 p.m. for the purpose of conducting Joint Public Hearings on Items A & 8. ROLL CALL Present: Vice Chairman Jean M. Benson Member Walter H. Snyder Member S. Roy. Wilson Chairman Richard S. i<e .\, Excused Absence: Member Buford A. Crites Also Present: Bruce A. Altman, City Mi-a)P. David Yrigoyen, Admire.:--r3":.p Assistan~ William Strausz. Agar.• i David J. Erwin, Ci Mary P. Frazier, Dec,. " r ‘.. + irk /A= s i s~.int Agency Secretary Ramon A. Diaz, Direc--r .ommunity uey•-.oment/;Harming Richard J. Folkers, - :,r of Pubc w)rK; Kirby J. Warner. Gar.., 1 - i i �_es D i racror MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • A RFC'uFc,T APPRvA,-"'"IF.7,CAL CORE AREA SPECIFIC PLAN AND Ati�OCIATED NELJAT; _E(LARATION OF ENVIRONMENTAL I MFAC' . (Continued fr.,- ' , e meeting of June 25, 1 987. ) Mr. A t,fir' ,_toted trar be cnr l- , n.jed to the 7,,,t Exerutive Director an N . Department Could ne was requesting that this item rr _oily 23, 1987, so that the Pnil Drell of the Planning Mayor/Cha'r^;a- nc,. eo ,? This was a continued public hearing am ;nviten testi-v2'v r FAVOR of or OPPOSED to this request. Nic'ne was offerec. Councilman/Member W i scn mc,,'ec to continue this matter to the meeting of July 23. 1987. Motion was seconded by Benson and carried by ^animous vote of the Councii/Agency board. B. CONSIDERATION OF PLAN AND ENVIRONMENTAL IMPACT REPORT FOR THE ESTABLISHMENT OF REDEVELOPMENT PROJECT AREA NO. 2. Mayor/Chairman Kelly requested a report from the Deputy City Clerk. Mrs. Frazier stated that notice of this hearing had been publ i shed once a week for four successive weeks as required by law and that the notice was mailed, by certified mail with return receipt requested, to each property owner and to each affected taxing agency, all in accordance with Sections 33349, 33350, and 33361 of the Health and Safety Code. Mayor/Chairman Kelly declared the public hearing open and asked for staff's report. Mr. Yrigoyen read from a prepared script (on file and of record in the City Clerk's Office). Mayor/Chairman Kelly asked for a report from the Deputy City Clerk relative to written communications. Mrs. Frazier stated that seven written communications had been received: One from California Rural Legal Assistance; two from the City Attorney of the City of Indian Wells; one from legal counsel to Sunrise Company; one from Coachella Valley Resource Conservation District; one from Mr. John Pashgian: and one from the City of Palm 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • • • * • • • • • Springs (all on file and of record in the City Clerk's Office). Mayor/Chairman Kelly invited testimony in FAVOR of the proposed Redevelopment Plan or the Environmental Impact Report, and none was offered. He invited testimony in OPPOSITION, and the following spoke: MR. JOHN FLYNN of Nossaman, Guthner, Knox & Elliott stated he represented Sunrise Company. He said his client was joining the written objections made by the City of Indian Wells. He said that "In addition to the fact that there is not an adequate attempt to deal with feasible alternatives to this redevelopment plan, there are particular alternatives that I would like to point out to both the Agency and the City Council. First of all, there could have been an attempt to deal with the alternative of permitting development under existing policies of both the City and the Agency without a redevelopment agency. Other alternatives could have been considered within the Redevelopment Agency. There could be a serious attempt to deal with feasible alternatives under an accurately defined smaller redevelopment agency. And finally, the Agency and City could have dealt more seriously with alternative financing mechanisms; that is, alternatives to redevelopment financing - for example. Mello -Roos district financing or 1915 Act amendment districts." He said there was one additional point about the attempted finding of urbanization which was in the Redevelopment Plan. He said "the analysis offered.in the Plan was that the 3,000 acres was contiguous or at least proximate to a housing area, and based on that fact the Agency found that there was urbanization of the area because of_ an Integra relationship, as the Plan puts it, between the 3,000 acres and the surrounding housing. The 3,000 acres in fact dwarfs any housing development, and to call that 3, 00r acres an integral part of a housing area is simply not ar accurate way to state the fact." MR. GENE NAZAREK reaffirmed that his firm had submitted. on behalf of the City of Indian Wells, written objections to both the Environmental Impact Report and the Redevelopment Plan. MR. LES PRICER, P.O. Box 6254. Fullerton. Ca l i Porn i.,1. spoke on behalf of the Coachella Valley Soils Conservatio- 0 i str i ct and asked that the City Council /Agency Bo-3r7 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • JULY 9, 1987 • • • • • • • • • • • cans i c:er fu l 1 pass- t h-c...J.::n tax increment funds to the Conservation ris'• T. Mayor/Chairman Kel the Director of Community r)evelnpment/P,anninq to resr._.rh to comments made relative to the Environmental Impact PePc' . Mr. Dia: stated *ra•. *he letters received from representatives of tr:e Sunrise Company, City of Indian Wells, and City of Pa 1 rr Springs discussed various aspects of the draft environmental report, and these aspects fell into three main categories: 1) The lack of discussion of an overall impact for the entire project area; 2) An overall reliance on specific project environmental review; and 3) The lack of completeness of the Environmental Impact Report (EIR) and response to comments. He said in response to Item #1, the E1R adequately describes the impacts which may result from the adoption of a redevelopment plan for the project area. In response to Item #2, he said as will he evidenced by the EIR currently under preparation in connection with the specific plan for the North Sphere Area, the CEQA process will be undertaken for each and every individual project as it occurs and the Redevelopment Agency will be utilized to assure that any environmental impact which may be generated by those projects are mitigated. As far as Item #3, Mr. Diaz stated the responses to comments in the EIR were adequate and complete, and the agencies which commented were responded to with ample time to request any further clarification or answers. Mayor/Chairman Kelly declared the public hearing closed. Member Snyder moved to waive further reading and adopt Redevelopment Agency Resolution No. 208, approving a Redevelopment Plan and Environmental Impact Report and directing that said plan and report be submitted to the City Council. Motion was seconded by Benson and carried by unanimous vote of the Agency Board. Councilman Snyder moved to waive further reading and adopt City Council Resolution No. 87-64, approving a Redevelopment Plan and Environmental Impact Report for Project Area No. 2 of the Agency. Motion was seconded by Benson and carried by unanimous vote of the City Council. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilmember Benson moved to waive further reading and pass Ordinance No. 509 to second reading, approving the Redevelopment Plan as the official Redevelopment Plan for Project Area No. 2 and making certain findings. Motion was seconded by Wilson and carried by unanimous vote of the City Council. Member Wilson moved to adjourn the Redevelopment Agency meeting at 7:35 p.m. until immediately following adjournment of the City Council meeting. Motion was seconded by Snyder and carried by unanimous vote of the Agency Board. C. REQUEST FOR APPROVAL OF FINAL MAP FOR TRACT 22547-R, REVERSION TO ACREAGE. (Continued from the meetings of May 28 and June 25, 1987.) Mr. Folkers reviewed his report dated July 9, 1987, noting that this matter dealt with fees paid by the applicant which should be withheld by the City. Based upon meetings with the developer's attorney and the City Attorney, it was determined that $6,000 for administrative expenses would be appropriate. He stated Council should be aware that reversion to acreage is a discretionary action on the part of the Council. He said that staff and Council were concerned with improvements to Cook Street from Hovley north, which was estimated to cost $180,000, and the applicant would be responsible for the bonding of the full street and median improvements along the Cook Street frontage of his property. Mayor Kelly noted that this was a continued public hearing and invited testimony in FAVOR of this request. MR. GREG SWAGIN. 74-090 El Paseo, stated he represented the applicant and stated he had attended the meetings mentioned by Mr. Folkers. He noted that the applicant currently had no real property interests on either side of Cook Street and offered to answer any questions. Mayor Kelly invited testimony in OPPOSITION to this request. and none was offered. He declared the public hearing closed. Mayor Kelly asked how the City would obtain widening of Cook Street to two lanes on the east side if this request for reversion to acreage and refund of fees was granted. Mr. Erwin responded that the existing agreement signed Dy the developer did not require him to install those 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • improvements unt i 1 the end of December of 1987 at the earliest unless another project is approved. Upon question by the audience, Mayor Kelly reopened the public hearing. MR.. MICHAEL ZAPARA, the applicant, stated that he was asking for the reversion to acreage and refund of the fees paid. He added that he was leaving in place the $180,000 worth of bonds for the improvements to Cook Street ano was not taking that away from the City. Mayor Kelly declared the public hearing closed. • Councilman Wilson moved to, by Minute Motion, direct staff to prepare a resolution of approval for the subdivision map, associated agreements, and recommended refund. Motion was seconded by Benson and carried by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF A PRECISE PLAN AND PARKING VARIANCE AND ASSOCIATED STREET VACATION TO ALLOW THE REMODEL AND EXPANSION OF AN EXISTING COMMERCIAL BUILDING AT THE SOUTHEAST CORNER OF EL PASEO AND HIGHWAY 74 (EL PASEO COLLECTION & FERN FAMILY PROPERTIES, APPLICANT). Mr. Diaz reviewed the staff report, noting that the project had been called up by Council in conjunction with the public hearing to consider the street vacation. He explained the applicant's proposed redesign of the project and stated that Condition of Approval #8 of Resolution No. 87-65 should be amended to reflect that the applicant shall enter into an agreement with the City guaranteeing that the property will voluntarily be a part of the parking district which may be established by the City, including the property in question, prior to issuance of a building permit. He said staff recommended approval of the street vacation and precise plan. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. RICK HOLDEN, 44-267 Monterey Avenue, project and offered to answer any questions. reviewed the MR. FRED FERN, 49-591 Canyon View Drive, stated he was the owner of the property being considered and was in favor of the project. He offered to answer any questions. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • . • • . . • . • • . • • • • • • • • • • • • • • Mayor Kelly invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilmember Benson stated she would like to discuss the matter of the height of the towers. Mayor Kelly reopened the public hearing. Councilmember Benson questioned the height of the Fidelity tower across the street from this project and stated she would not l i ke to see one on this project above the Fidelity tower. MR. JIM FOXX, owner of The Galleria, stated he --had been told that tower was 34 or 36 feet high. He said the towers on this project had been reduced and were now 37 feet high at the peak. He said these towers ware sat back from the street further than Fidelity's, which was on the very edge of the street. Upon question by Mayor Kelly, Mr. Foxx responded that the building next to the tower was 26 feet high because they were working with the existing building. Mr. Diaz stated that staff would ask the Architectural Review Commission to make sure the towers on this project were compatible with the Fidelity tower. Mayor Kelly declared the public hearing closed. Councilman Wilson stated he felt this was a good project and a reasonable tradeoff for a significant improvement to the cul-de-sac. Councilmember Benson agreed that the City was getting something good for its money. Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 87-65. approving Precise Plan 87-22 and Variance 87-1 subject to conditions, as amended to add to Condition #8 the words "prior to issuance of a building permit" per Mr. Diaz' report; and 2) Waive further reading and adopt Resolution No. 87-66, approving Street Vacation No. 87-1. Motion was seconded by Benson and carried by unanimous vote of the Council. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • E. REQUEST FOR APPROVAL OF TENTATIVE TRACT 22446 AND TENTATIVE TRACT 22447 TO CHANGE THE METHOD OF OWNERSHIP FROM COOPERATIVE APARTMENTS TO AIRSPACE CONDOMINIUMS FOR UNITS LOCATED IN THE SHADOW MOUNTAIN RESORT DRIVE (RESORT APARTMENTS, INC., APPELLANT). Mr. Diaz reviewed the staff report, noting that agreements were signed at the time these cooperative apartments were purchased which stated that a balloon payment would be due after a certain number of months. When those balloon payments became due, there were no financial institutions which would finance cooperative apartments, and this fact was verified by City staff at Bank of America, Wells Fargo, and Security Pacific. Although these institutions will not finance coops, they will finance airspace condominiums. He said that some of the units were smaller than the City's minimum requirements for condominiums because they were constructed under County regulations. Mr. Diaz concluded his report by stating that Resort Apartments, Inc., was appealing the "no action" vote taken by the Planning Commission at its meeting of June 2, 1987, and that staff was recommending approval of this request. Mayor Kelly declared the public hearing open_ and invited testimony in FAVOR of this request. MR. TIM KUHN, owner of Unit #297 at Resort Apartments, stated he had been designated by the homeowners' association to spearhead this request. He said they were asking for a legal redefinition of their project because of financing problems. MR. CHUCK McKENNEY, 45-750 San Luis Rey, spoke as president of the homeowners' association and asked that this request be approved. He stated it would ease and improve their property management operation. Mayor Kelly invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution Nos. 87-67 and 87-68, approving TT 22446 and TT 22447. Motion was seconded by Benson and carried by unanimous vote of the City Council. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • JULY 9, 1987 • • • • • • • • • • F. REQUEST FOR CONSIDERATION OF LOT ABATEMENT ASSESSMENTS FOR VARIOUS PARCELS. Mr. Allen reviewed the staff report and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony In FAVOR of or OPPOSED to this request. None was offered. He declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Resolution No. 87-69, confirming assessments on property owners for abatement of weeds and other nuisances. Motion was seconded by Benson and carried by unanimous vote of the Council. G. REQUEST FOR CONSIDERATION OF APPROVAL OF MASSAGE PERMITS (DORIS R. BERAHYA, ERIC W. BURKHOLTER, AND CAROL M. GREER, APPLICANTS). Mr. Altman reviewed the staff report and recommended approval of these permits. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. ERIC BURKHOLTER, 45-400 Larkspur, stated he was one of the applicants, and offered to answer any questions. Mayor Kelly invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilman Wilson moved to, by Minute Motion, approve the requests and authorize the Code Compliance Department to issue permits for same. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9, 1987 . . . . • . . . . . . . . . . . * * . . . . * * . XX. ADJOURNMENT Councilman Wilson moved to adinu-•r the meeting at 8:20 p.m. to 4:00 p.m. on Wednesday, July 15, 19E57. 4or the purpose of considering the adoption of Ordinance No. 509. approvino the Redevelopment Plan as the official Redevelopment Plan for Prcject A -ea No. 2. Motion was seconded by Benson and carried by unanimous vote of the Council. ATTEST: MARY P. F• ZIER. DEPUTY6CITY CLERK CITY OF L DESERT. CALIFORNIA 18 (;L RI HARD 5. WELLY, MAYOR TO: FROM: DATE: INTEROFFICE MEMORANDUM City of Palm Desert Honorable Mayor and City Council Sheila R. Gilligan, City Clerk/P.I.O. August 18, 1987 SUBJECT: Amendment to City Council Minutes of July 9, 1987, Relative to Street Vacation at Highway 74/El Paseo RECOMMENDATION: By Minute Motion, approve the request and authorize the amendment of the Minutes of the July 9, 1987, City Council meeting as it relates to the street vacation at the corner of Highway 74 and El Paseo. DISCUSSION: Subsequent to Council approval of the subject minutes, it was brought to my attention by the Public Works Department that a specific condition had been added to this project approval by Councilman Snyder. We have listened to the tape of that meeting and agree that this condition was erroneously omitted in the transcription of the notes. The correction is the addition of the paragraph stating Councilman Snyder's amendment to the resolution as well as a correction to the motion to include it. This is shown by an asterisk on the attached sheet. We are, therefore, requesting Council approval of an amendment to the Minutes so that the off i c i,�i ,r riEaw O9orrected. have any quest- oi,-s please let 4�tn w. pv 17,71717D 7 SHEILA R. GIL.kI'GAN CITY CLERK/P.1.O. SRG:mpf Attachment (as noted) If you =ice ) - — /ERIF1L L:: 7L _ )riginal on' Office MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 9. 1987 . * . . * * . * * . * * * * * * . * * * * . * * * Mayor Kelly invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilmember Benson stated she would like to discuss the matter of the height of the towers. Mayor Kelly reopened the public hearing. Councilmember Benson questioned the height of the Fidelity tower across the street from this project and stated she would not like to see one on this project above the Fidelity tower. MR. JIM FOXX, owner of The Galleria, stated he had been told that tower was 34 or 36 feet high. He said the towers on this project had been reduced and were now 37 feet high at the peak. He said these towers were set back from the street further than Fidelity's, which was on the very edge of the street. Upon question by Mayor Kelly, Mr. Foxx responded that the building next to the tower was 26 feet high because they were working with the existing building. Mr. Diaz stated that staff would ask the Architectural Review Commission to make sure the towers on this project were compatible with the Fidelity tower. Mayor Kelly declared the public hearing closed. Councilman Wilson stated he felt this was a good project and a reasonable tradeoff for a significant improvement to the cul-de-sac. Councilmember Benson agreed that the City was getting something good for its money. Councilman Snyder requested that a condition be added which would make the street vacation applicable for this project only and that the vacation would be null and void if this particular project was not built. Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 87-65, approving Precise Plan 87-22 and Variance 87-1 subject to conditions, as amended to add to Condition #8 the words "prior to issuance of a building permit" per Mr. Diaz' report; and 2) Waive further reading and adopt Resolution No. 87-66, approving Street Vacation No. 87-1, amended to include the condition he discussed. Motion was seconded by Benson and carried by unanimous vote of the Council. 15