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HomeMy WebLinkAbout1987-06-25• • * • * * * • MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 25, 1987 CIVIC CENTER COUNCIL CHAMBER • * * • • • * • * • • ■ 1. CALL TO ORDER Mayor Kelly convened the meeting at 8:45 a.m. * * * • * Councilman Snyder moved to recess the meeting to attend the Project Area Committee Meeting at 8:45 a.m., the Library Study Committee Meeting at 1:00 p.m., and the WRT (Wallace, Roberts, and Todd) North Sphere Meeting at 2:00 p.m. Motion was seconded by Benson and carried by unanimous vote of the Council. Action taken during the WRT meeting is attached hereto and made a part hereof as Exhibit "A". Mayor Kelly convened the City Council meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Mayor Richard 5. Kelly IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Doug Phillips, Deputy City Attorney Mary P. Frazier. Deputy City Clerk Ramon A. Diaz, Director of Community Development/Planning Richard J. Folkers, [Director of Public Works Kirby J. Warner. General Services Director MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • f • • • • • • • • • V. CONSENT CALENDAR • • • JUNE 25, 1987 • • • If • • A. MINUTES of the Adjourned/Regular City Council Meeting of June 11, 1987. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0514, WR0516, WR0518. and WR0601. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (##049) by Pasquale and Mary Theodora in the Amount of $1,100.00. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. D. RESOLUTION NO. 87-47 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (June 1, 1987). Rec: Waive further reading and adopt. E. NOTICE OF COMPLETION for Country Club Drive Widening Contract No. 00-168C. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject contract. F. NOTICE OF COMPLETION for North Sphere Assessment District No. 84-1 (Contract No. 00-068). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject contract. 2 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • . . . * * . . * r . . . .• . . . . . * . . • * • G. REQUEST FOR APPROVAL of Additional Appropriation for Legal Services Account. Rec: By Minute Motion, authorize a supplemental appropriation to the Legal Services Account #110-4121-3015 in the amount of $70,000. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Traffic Signal Maintenance (Contract No. 00-212). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for traffic signal maintenance (Contract No. 00-212). I. REQUEST FOR CONSIDERATION of North Side Country Club Drive Kelly Ordinance Widening. Rec: Waive further reading and adopt Resolution No. 87-48 setting a public hearing for consideration of the subject Kelly Ordinance street widening project. J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-092 (North Side Area Drainage Study). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $4,200 and appropriate these funds to Contract No. 00-092 For the subject project. K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-104 (Cook Street Extension). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $15,000 and appropriate these funds to Contract No. 00-104 for the subject project. L. RESOLUTION NO. 87-49 - A Resolution of the City Council of the City of Palm Desert, California. Amending Resolution No. 85- 1 1 3 Relative to Regular Meetings of the laity's Advertising and Promotion Committee. Rec: Waive Further reading and adopt. 3 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • ♦ • • • • • • • • • • • • • • • • • • • • M. REOIIEST FOR APPROVAL to Award Contract to Replace Roof at the Palm Desert Library. Rec: By Minute Motion. authorize the approval of a contract with Custom Roofing Company in the amount of $9,490 for the subject project. Mayor Kelly asked that item C be removed for separate discussion under Section IX, Consent Items Ne1d,Over. Mr. Altman requested that Item A he removed, and Councilman Crites asked that item H also he removed for separate discussion. Upon motion by Crites, second by Wilson, the Consent Calendar, with the exception of Items A. C, and H, was approved as presented by unanimous vote of the City Council. VI. ORAL COMMUNICATIONS - A MR. HARRY HOYT, 72-731 Maryvale, Palm Desert, addressed the Council relative to the Smoking Ordinance No. 462. He said he would like to see the following items considered: 1) In Section 8.36.040, eliminate the 50 seat requirement and make the section apply to all restaurants; 2) Reverse the 257.-75% ratio and require that 757. should be for non-smokers, thus allowing non-smokers to sit in the main dining room and not in the "back of the bus"; 3) Revise the wording relative to posting of signs indicating "No Smoking" areas. Mr. Altman advised that staff would prepare a report for the next Council meeting. MR. REG SCHULTZ, 72-650 Somera Road, Palm Desert, addressed the Council relative to a vacant lot located near his home which was overgrown with weeds and asked that something he done to take care of this problem. MR. EUGENE HOPKINS, 72-820 San Juan, asked to be allowed to speak when the Council considered Item A under New Business. Mayor Kelly advised that he would be allowed to do so. 4 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • * • * • • • • • • • • • • • * • • • • • * * * * VII. RESOLUTIONS A. RESOLUTION NO. 87-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CONTIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE CORTESE/KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985, WHICH PROCEEDINGS ARE DESIGNATED AS PALM DESERT ANNEXATION NO. 21, LAFCO NO. 87-07-4. Mr. Altman reviewed the memo dated June 11, 1987. and recommended adoption of this final resolution. Upon motion by Snyder, second by Crites, Resolution No. 87-50 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 87-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE SOUTHERN CALIFORNIA WATER POLICY. Mr. Altman reported that Mr. Folkers had been designated as the City's representative on the Southern California Water Committee and recommended adoption of this resolution. Upon question by Councilman Crites, Mr. Folkers responded that there were several reports available for review relative to this water policy and that he was comfortable in recommending that it be supported. Upon motion by Wilson, second by Snyder, Resolution No. 87-51 was adopted by a 4-0-1 vote, with Councilman Crites ABSTAINING. C. RESOLUTION NO. 87-52 - A RESOLUTION OF THE CITY CnUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF THE PALM DESERT GOLF CART PARADE AS A CIVIC EVENT. Mr. Altman stated that the City's Advertising ana Promotion Committee had recommended adoption of this resolution. Councilman W i I son added that its irtent was not for the City to commit any funds or sponsorship For the parade; i} was just to endorse the concept so that the Committee could go Forward and get sponsors by letting themhnow that the City was behind this event. 5 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilmember Benson suggestec amending the resolution to show that the City "endorse" rather than "establish" the parade as an official civic event. Upon motion by Crites, second by Benson, and unanimous vote of the Council, Resolution No. 87-52 was adopted as amended by Councilmember Benson. VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 506 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-1 TO R-2 5,000 (CASE NO. C/Z 87-4). Mr. Altman stated that no changes had been made since introduction of this ordinance and recommended its adoption. Upon motion by Crites, second by Wilson, Ordinance No. 506 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER A. MINUTES of the Adjourned/Regular City Council Meeting of June 11, 1987. Rec: Approve es presented. Mr. Altman asked that this item be continued inasmuch as the Minutes were not yet completed. Upon motion by Snyder, second by Wilson, this item was continued to the meeting of July 9. 1987, by unanimous vote of the Council. 6 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • C. CLAIM AGAINST THE CITY (#049) by Pasquale and Mary Theodora in the Amount of $1,100.00. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. Mr. Pasquale Theodora addressed the Council relative to this claim and requested that payment be approved. He said he felt the City was 1 i ab l e for the excessive sand which was blowing into his home because of construction on Frank Sinatra Drive. He said his ceiling was falling down, the turbines on top of his house were full of sand, and his decorative rock was covered with sand. He added that if the claim was denied by the Council, he would take it to Small Claims Court. He showed pictures of his home and distributed copies of an ordinance from the County of Riverside relative to control of blowing sand. Mr. Phillips stated that inasmuch as this involved potential litigation, he would advise that the Council consider it in Closed Session pursuant to Government Code Section 54956.9 (b). The Council concurred. H. REQUEST FOR AUTHORIZATION to Advertise and Call For for Traffic Signal Maintenance (Contract No. 00-212). Bids Councilman Crites asked if staff had considered contacting other cities in the Valley and doing this jointly instead of Palm Desert alone. Mr. Folkers responded that she Coachella Valley Association of Engineers would be meeting the following week and would be discussing this matter. In the meantime, staff was recommending that the Council approve this request until the first of the year while studies for the most cost effective means of maintaining these signals continued. Councilman Crites moved to. by Minute Motion, autnorize tl-e City Clerk to advertise and ca',l for bids for traffic signal maintenance (Contract No. 00-212). The motion was seconded by Snyder and carried by unanimous vote of the Council. 7 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF AMENDMENT TO CHAPTER 25.56.190(D) OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO SIDE AND REAR YARD REQUIREMENTS. Mr. Altman reviewed the staff report dated June 9, 1987, relative to removing the word "hedge" from the ordinance. MR. EUGENE HOPKINS, 72-820 San Juan, stated ne had sent a letter to the City in June of 1986 relative to hedges in his area and that it had taken until that November to get them trimmed. He said that since that time the hedges had grown again and were now five to six feet high. He felt the City should make sure hedges are kept trimmed and should support requiring people to do so. MR. REG SCHULTZ, 72-650 Somera, stated he was having a similar problem in his back yard. He said the people below him had oleander bushes growing nine to ten feet high, which was four to five feet over the fence and that debris kept blowing into his pool and clogging the filter. He said he felt the City's ordinance should be enforced until such time as it was amended and that he hoped the Council would not make the change requested by staff. Upon question by Councilman Crites, Mr. Phillips responded that the situations described were issues between the neighbors. If the bushes were a public nuisance, the City could take measures to abate them; however, if branches hang over into a neighbor's yard, the neighbor can cut the branches as long as cutting them does not kill the hedge itself. Councilman Wilson stated he felt the word "hedge" should not be included in this ordinance along with fences. Councilman Wilson moved to, by Minute Motion, direct staff to begin processing a zoning ordinance amendment and to notify both gentlemen when the public hearing before the Planning Commission was scheduled. Motion was seconded by Snyder and carried by unanimous vote of the Council. 8 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 . . . . . . . . . . * . . . * . . . . . . . . . * B. REQUEST FOR CONSIDERATION OF RECREATIONAL VEHICLE PARKING AND STORAGE. Mr. Allen reviewed the staff report dated June 2, 1987, relative to enforcement of the City's ordinance regulating parking and storage of recreational vehicles. Mr. Altman added that staff was asking for Council's direction in this matter. Councilman Snyder stated that the Palm Desert Property Owners' Association CC&R's and the City's ordinance conflict as far as allowing or disallowing recreational vehicles to be parked or stored on City streets. He said the situation needed to be clarified. Upon question by Councilman Wilson, Mr. Frank Alien, Director of Code Compliance, responded that there were currently 169 situations where recreational vehicles were parked or stored either on streets or on private property. Councilman Wilson stated he felt there was a problem in enforcing this ordinance because it was not feasible to have someone watching all of the recreational vehicles to make sure they were moved every 72 hours. Councilman Crites agreed and stated that there should be a way to make sure the recreational vehicles were not being used as storage. However, he felt attempting to enforce the ordinance on private property would be imoossible to do. Councilmember Benson suggested revising the ordinance to require that the owner Find a place to store the recreational vehicle or screen it in a side /.3rd. Mr. Allen stated that a majority of the 169 cases would not be able to park the vehicle in a hack or side yard. Councilmember Benson moved to, by Minute Motion. direct staff to study possible revisions to the ordinance regulating oarking and storage of recreational vehicles and alternatives wnich would make the ordinance enforceable by the City. The motion was seconded by Crites and carried by unanimous vote of the Council. 9 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • JUNE 25, 1987 • • • • • • • • C. REQUEST FOR APPROVAL OF CONTRACT FOR DANGEROUS BUILDING ABATEMENT (CONTRACT NO. 00-220). Mr. Patrick Conlon, Director of Building and Safety, reviewed the staff report dated June 16, 1987, noting that this vacant house at 44-920 Monterey Avenue was not secure, was a hangout for kids, and was a public nuisance as well as a dangerous structure. He said this contract would be cleaning up the house, trimming the hedges, and hoarding it up so that no one could enter it. Councilman Crites moved to. by Minute Motion: 1) Approve Contract No. 00-220 with Sun -Up Service for the cleaning and securing of the property located at 44-920 Monterey Avenue; and 2) Instruct the Director of General Services to appropriate $3,600 from the City's unappropriated General Fund balance to cover the cost of the above cleanup contract. Motion was seconded by Snyder and carried by unanimous vote of the Council. D. INFORMATION ITEMS 1. Traffic Signal Modification at Highway III and E1 Paseo/Town Center Way. Mr. Folkers reviewed the memo dated June 25, 1987, and offered to answer any questions. No Council action was necessary or taken on this item. 2. Coachella Valley Transportation Study. Mr. Folkers reviewed the staff report, noting that the Coachella Valley Association of Governments had requested a response from the City before July 1, 1987, and that it would be sent under the Mayor's signature. Councilman Wilson asked whether the Council would be endorsing this plan as a concept and if there would still be some flexibility. Mayor Kelly responded that yes, we would always have that flexibility and would always control the streets in our City. Mr. Altman added that a public hearing would be scheduled soon for the North Sphere area, and this 10 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • • • • • • • • • • • JUNE 25, 1987 study and any necessary changes would be needed before the Environmental Impact Report was done. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF APPEAL BY MR. ALLEN TROMBINO, OWNER OF THE PASTRY SWAN, AND MS. JUNE HANE, OWNER OF THE SWISS DONUT #2 OF BUILDING BOARD OF APPEALS AND CONDEMNATION DECISION (Continued from Meeting of June 11, 1987). Mr. Conlon reported that staff had been instructed by Council to work with the appellants and landlord to mitigate problems of these businesses having tables but no restrooms in their facilities per the Uniform Plumbing Code. He said no substantial agreement had yet been reached and that the options for Ms. Hane, owner of Swiss Donut #2, were the same as at the June 11 meeting: 1) Joint in a reciprocal agreement with Mississippi Jack's Chicken and China Jo's who are currently installing restrooms For public use; 2) Remove the tables; or 3) Install her own restrooms. He said Mr. Trombino's options were the same as Ms. Hane's, except he could join with the Royal Bagel in the same type of reciprocal agreement as Mississippi Jack's and China Jo's on the west end. He added that Mr. John Becker of the Carver Company, the landlord, was willing to help these tenants solve the problem and had offered to oversee all necessary construction, prepare reciprocal agreements, and defer the rent to help offset the cost of these improvements. MR. JOSEPH TROMBINO, 73-131 Country Club Drive, owner of the Pastry Swan, stated that he had only that day heard about the Royal Bagel and Carver's position on deferring rent. MR. JOHN BECKER. Carver Company, stated he had met witn three tenants. discussed the issues. and tried to help facilitate reciprocal agreements to solve this problem. He said that in previous discussions, the owner of the Ice Cave had brought up the fact that cash flow as a problem, and that is why he offered to defer the rent. He said he also felt all of the tenants should be treated equally and had, therefore, mentioned this to Mr. Trombino. He said a few days after the last Council meeting, he and Mr. Trombino had discussed working out a reciprocal agreement, MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 * • * * • • * * ♦ • * • * * * * * • * * * * • * • and cash flow was not an issue which was brought up at that time. Upon question by Mayor Kelly, Mr. Trombino responded that he would be willing to enter into a reciprocal agreement with the Royal Bagel. Councilman Wilson asked who would be the lead person in trying to resolve this problem. Mr. Becker responded that he would be happy to accept this responsibility to the best of his ability. Councilman Wilson moved to continue this item to the meeting of July 9, 1987, to allow time for Mr. Becker to work out reciprocal agreements. Motion was seconded by Benson and carried by unanimous vote of the Council. XII. OLD BUSINESS A. REPORT ON NORTH SIDE DRAINAGE STUDY. Mr. Folkers reviewed the staff report and offered to answer questions. Councilman Snyder moved to: 1) By Minute Motion, accept the report and make the necessary adjustments in the drainage fees for the area north of the Whitewater Channel; and 2) Waive further reading and pass Ordinance No. 507 to second reading. Motion was seconded by Crites and carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Altman announced that Portola Avenue had been opened up to traffic on Wednesday, June 24, 1987. B. CITY ATTORNEY None 12 MINUTES - ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Request for Support of Title VI, Section 603, (Indian Canyons National Historic Site), of the California Desert Protection Act of 1987 - Councilman Crites Councilman Crites reported that he had received a letter from Bi 1 l Havert of the Sierra Club requesting that the Palm Desert City Council support the establishment of an Indian Canyons National Historic Site by the California Desert Protection Act of 1987, introduced by Senator Alan Cranston. He said he had also received a letter from Palm Springs Councilmember Sharon Apfelbaum which included a copy of a resolution passed by the Palm Springs City Council requesting that the County Board of Supervisors delay action on Andreas Cove Country Club for two years to allow conclusion of State and Federal legislation presently under way for acquisition of the South Palm Canyon area for park purposes. He further noted that if the Council adopted these resolutions, he had been asked through a representative of Senator Cranston's office to go to Washington, D.C. in July and testify before a Congressional committee in favor of preservation of the Indian Canyons land area. Councilmember Benson stated she felt this was a worthwhile cause and a valley -wide concern. Councilman Crites stated that a portion of the resolution adopted by the City of Palm springs needed to be amended to show "related facilities south of the city limits of Palm Springs and within the City of Palm Springs' sphere of influence. 13 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilmember Benson moved to adopt Resolution No. 87-59 as amended, requesting that the County of Riverside defer action on Andreas Cove Country Club for two years to allow conclusion of State and Federal legislation presently under way for acquisition of the South Palm Canyon Area for park purposes, and Resolution No. 87-60, supporting Title VI, Section 603, (Indian Canyons National Historic Site) of the California Desert Protection Act of 1987. Motion was seconded by Wilson and carried by unanimous vote of the Council. XIV. o City Council Committee Reports: None ORAL COMMUNICATIONS - 8 None Upon motion by Wilson, second by Crites, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 5:53 p.m. to Closed Session pursuant to Government Code Section 54956.9 (a) and (b) for the purpose of discussing pending and potential litigation. In Closed Session, Councilman Wilson moved to deny the Claim Against the City (#j049) by Pasquale and Mary Theodora in the amount of $1,100.00 and instruct the Director of General Services to so advise the Claimant. Motion was seconded by Snyder and carried by a 4-1 vote of the Council, with Councilman Crites voting NO. Mayor Kelly called a recess at 6:35 p.m. reconvened the meeting at 7:10 p.m. for dinner. He XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MS. MARY DRURY, 72-750 Sage Court, Palm Desert, addressed the Council and asked when the City's side of Cook Street would be striped and whether the City could do anything with the County to get that side striped as well. Mr. Folkers responded that a striping plan had been prepared anc a copy had been sent to the County so that both sections could be striped at the same time using the same plan. He added that he had not yet heard from the County and that he would contact them the following day to check the status. !4 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL of Final Map for Tract 22547-R, Reversion to Acreage (Continued from Council Meeting of May 28, 1987). Mr. Folkers stated that although the staff report recommended continuing this item to the meeting of August 27, 1987, staff had been meeting with the applicant and as a result of those meetings, staff was now recommending that it be continued until July 9, 1987. This additional time would enable staff to compile the new information for Council's consideration. Mayor Kelly noted that this was a continued public hearing and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. Upon motion by Wilson, second by Snyder, this matter was continued to the meeting of July 9, 1987, by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM R-2 TO OFFICE PROFESSIONAL AND A PRECISE PLAN FOR A ONE STORY, 17,105 SQUARE FOOT OFFICE COMPLEX ON THE NORTH SIDE OF FRED WARING DRIVE WEST OF MONTEREY AVENUE BETWEEN ACACIA DRIVE AND ADONIS DRIVE (CASE NO. C/Z 87 -3 , PP 87- 1 4, RAY -AL ENTERPRISES, INC., APPLICANT). Mr. Phil Drell, Associate Planner, reviewed the staff report, noting that the Palma Village Specific Plan designates this area for professional offices. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request, and none was offered. He declared the public hearing closed. 15 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • a • • • • • • • • • • • • • a • • • • • • Council Comments/Questions: Benson: Did not mind the O.P. zoning along Fred Waring but did not like the architecture of the building itself at an entrance to the City. Crites: What does the Code require as far as landscaping? Mr. Drell responded 507. of the parking lot must he landscaped, and in this case, it did meet the Code. Added that this was not a workable lot for a residence. Kelly: The Council is concerned about getting single story structures, and this is a lot that is not conducive to any other use. Felt this was a good project for the property. Wilson: Agreed with Benson as far as not liking the building but did not know what else could go in there instead. Liked the single story element and fact thattraffic would not be going out onto Fred Waring. Snyder: Did not like the architecture of the project; however, it had gone to the Architectural Review Committee four times and had now been approved by that committee as well as the Planning Commission, and he would go along with it. Upon motion by Crites, second by Benson, and unanimous vote of the Council, Ordinance No. 508, changing the zone from R-2 to Office Professional, was passed to second reading. Councilman Snyder moved to waive further reading and adopt Resolution No. 87-53, approving the negative declaration of environmental impact and Precise Plan 87-14 subject to conditions. Motion was seconded by Wilson and carried by a 3-2 vote, with Counci imembers Benson and Crites voting NO. C. REQUEST FOR CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN FOR THE REMODEL AND EXPANSION OF A SERIES OF BUILDINGS AT THE SOUTHWEST CORNER OF HIGHWAY Ill AND LARKSPUR LANE. THE REMODEL SHALL INVOLVE 9927 SQUARE FEET OF EXISTING SPACE. THE EXPANSION SHALL INCLUDE 6457 SQUARE FEET OF FIRST FLOOR AREA AND 3577 SQUARE FEET OF SECOND FLOOR SPACE (CASE NO. PP 87-19, SION GANNON, APPLICANT). Mr. Drell reviewed the staff report, noting that the expansion would actually be 1,600 square feet less on the 16 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 first floor than originally planned. He stated that the total area of development would be 18,351 square feet. Councilman Snyder stated this was before the Council as the result of a 2-2-1 "no action" vote by the Planning Commission and that the project had been changed since being considered by that commission. He asked if the changes would be considered substantial and whether it would have to go back to the Planning Commission because of those changes. Mr. Diaz responded that the change was actually a decrease and would not, therefore, be considered substantial. Mayor Kelly agreed with Councilman Snyder in considering this a substantial change. Councilman Crites stated that it did change the building and that if it was sent back to Planning Commission, he would like to also have considered the issue of where the two-story building will be placed. He said he felt the single -story should be at the end of the block, with the two-story in the middle instead of the way it was shown on the plans. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this project. MR. CHARLES MARTIN. 40-840 Thunderbird Road. Rancho Mirage, spoke as the architect and stated that the two- story building could not be moved because the owner would be building around the tenants who are already there. The following individuals spoke in FAVOR of this project because they felt the change would be good for business and was attractive: Ms. Carol Fromme, owner of Backstage. Mr. Paul Mueller, owner of the Elegant Edge. Ms. Janet Lee Tuell, 73-320 Adobe Springs Road. Ms. Joanna Barnes, 355 Helena Way, an employee of the Elegant Edge. Ms. Johanna Hanson, owner of Blondie's Books, stated she had mixed emotions about this project and was worried about the parking situation. She added she had been advised that an additional 120 spaces could be added it 17 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • the lot were striped the other direction and stated she would like to see that done. Mayor Kelly invited testimony in OPPOSITION of this project, and none was offered. He declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 87-54 approving PP 87-19 subject to conditions. Motion was seconded by Wilson and carried by a 3-2 vote, with Councilmembers Benson and Snyder voting NO. D. REQUEST FOR RECONSIDERATION OF A SITE PLAN, SPECIFICALLY CIRCULATION, UN A 21,580 SQUARE FOOT RETAIL BUILDING 1N THE GENERAL COMMERCIAL ZONE ON THE SOUTH SIDE OF HIGHWAY 111 AT THE CITY'S WESTERN BOUNDARY (CASE NO. PP 87-7, LAUREL DEVELOPMENT COMPANY, APPLICANT). Mr. Drell reviewed the staff report and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this project. MR. CHARLES MARTIN, 40-840 Thunderbird Road, Rancho Mirage, spoke as the architect and offered to answer any questions. Mayor Kelly invited testimony in OPPOSITION to this project, and none was offered. He declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 87-55 approving Precise Plan 87-7. Motion was seconded by Snyder and carried by unanimous vote of the Council. 18 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • • • • • • • • • • • • • • • • • • • • r * E. CONSIDERATION OF ADOPTION OF FISCAL YEAR 1987-88 FINANCIAL PLAN. Upon motion by Wilson, second by Snyder, and unanimous vote, Mayor/Chairman Kelly convened the Redevelopment Agency meeting at 8:15 p.m. to conduct a joint hearing on the proposed City and Agency budgets. ROLL CALL Present: Member Jean M. Benson Member Buford A. Crites Member Walter H. Snyder Member S. Roy Wilson Chairman Richard S. Kelly Mr. Warner stated that Resolution No. 87-56 contained all the changes discussed by the City Council during its Budget Session of June 11, including employee raises, elimination of a position, and changing one temporary full time position to a six-month position. He said that $2,800 had been added for the Trolley as requested. He added that as far as the children's choir and temporary shelter discussed in that Budget Session, the YMCA had no further information and referred it back to the Civic Arts Committee, which was where the proposal originated. He offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the proposed budget. None was offered. He declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Resolution No. 87-56, adopting a program and financial plan for the fiscal year July 1, 1987, through June 30, 1988. Motion was seconded by Benson and carried by unanimous vote of the Council. Member Crites moved to, by Minute Motion, approve the 1987-88 Fiscal Year Budget for the Palm Desert Redevelopment Agency. Motion was seconded by Snyder and carried by unanimous vote of the Agency Board. Member Snyder moved to adjourn the Redevelopment Agency meeting to close of the City Council meeting. Member Crites seconded the motion. Motion carried by unanimous vote. Chairman Kelly ,adjourned the Agency meeting at 8:20 p.m. 19 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • 1 * * ■ • * : • After action was taken on Adoption of Fiscal Year 1987/88 Financial Plan, the Council considered the following resolutions: A. RESOLUTION NO. 87-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING ALLOCATED CLASSIFICATIONS, AUTHORIZED POSITIONS, COMPENSATION PLAN, AND RELATED EMPLOYEE BENEFITS FOR THE 1987-88 FISCAL YEAR. Mr. Altman stated that this resolution included changes discussed during Budget Session. He offered to answer any questions. Councilman Crites moved to waive further reading and adopt Resolution No. 87-57. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. RESOLUTION NO. 87-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 1987-88 FISCAL YEAR. Mr. Altman reviewed the staff report and recommended adoption of this resolution. Councilman Crites moved to waive further reading and adopt Resolution No. 87-58. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 8:22 p.m. ATTEST: MARY P. F' ZIER, DEPUTY 1TY CLERK CITY OF PALM DESERT, CALIFORNIA 20 /6/(- RICHARD 5. KE'LLY, MAYOR MINUTES ADJOURNED"/REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1987 • • • • • • • Action: • • • EXHIBIT "A" • • • Joint meeting with City Council and WRT for North Sphere Specific Plan June 25, 1987 At the conclusion of the session, it was felt by Councilmember Wilson that an informal meeting with the public would be beneficial. The purpose of this meeting would be to minimize the concerns of the public by explaining the plan and answering any questions they may have. Ray Diaz and Jay Claiborne stated that the Environmental Impact Report will allow for a review process from the public. To proceed with the EIR was critical at this point because of the moratorium in effect. It was felt by Councilmember Crites to have a public hearing before the initial presentation to the Planning Commission. Motion was made by Councilmember Crites to proceed with the EIR process with the appropriate notices to the public for their input. Councilmember Benson seconded the motion. The motion carried unanimously. 21