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HomeMy WebLinkAbout1987-09-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 24, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford Crites Councilman Walter S. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan. City Clerk/P.I.O. Mary P. Frazier, Deputy City Clerk Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works Kirby J. Warner. Director of General Services Patrick Conlon, Director of Building & Safety Frank Allen, Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 10, 1987. Rec: Approve as presented. MINUTES — REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0814, WR0816, and WR0904. Rec: Approve as presented. C. APPLI.CATION FOR ALCOHOLIC BEVERAGE LICENSE by James L. Foxx, 73-111 El Paseo, Palm Desert. Rec: Receive and refer to the Department of Community Development/Planning for processing. D. RESOLUTION N0. 87-84 - 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 FINANCE DEPARTMENT THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. E. REQUEST FOR RENEWAL OF CONTRACT 00-161-1 Manager. Rec: F. REQUEST Property ✓ Rec: for Project By Minute Motion, authorize a one-year extension of the contract for services by the current project manager. FOR APPROVAL to Refund Mechanical Permit for Located at 72-630 Sundown Lane, Palm Desert. By Minute Motion, approve the refund of $122.00 for two duplicate mechanical permits (RM5804 on 02/03/87 in the amount of $59.50 and RM5982 on 04/27/86 in the amount of $62.50) issued to Arctic Air. G. REQUEST FOR NOTIFICATION of Change Order No. 1 to Contract No. 00-195E, BSI Consultants,Inc., in the Amount of $376.53. Rec: By Minute Motion, receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • H. REQUEST FOR APPROVAL of Reimbursement for Legal Fees in Connection with the Processing of an Appeal of a Rent Review Commission Decision Relative to Portola Palms Mobilehome Park. Rec: By Minute Motion, authorize the payment of $1,106.30 to Hart, King 8 Coldren from Trust Account #610-2275 as reimbursement for legal fees for processing an appeal of a Rent Review Commission decision through the 4th District Appellate Court. I. REQUEST FOR FINAL APPROVAL of Parcel Map 22499, Shaco, Inc. Rec: Waive further reading and adopt Resolution No. 87-85 approving Parcel Map 22499. J. CONSIDERATION OF RECLASSIFICATION OF ASSOCIATE CIVIL ENGINEER TO SENIOR ENGINEER. Rec: By Minute Motion: 1) Authorize the reclassification of the Associate Civil Engineer to Senior Engineer; and 2) Adjust salary appropriation at mid -year. K. CONSIDERATION OF REQUEST from City of Colton for a Resolution in Support of Maintaining Mexican Consulate Services in the Inland Empire Area. Rec: Direct staff to prepare a resolution of support. Upon motion by Snyder, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MS. JOAN MITCHELL, Portola Palms Mobilehome Park, 43-155 Portola Avenue, addressed Council in protest of the rent increase imposed on her park as the result of a 4th District Court of Appeals decision. She said none of the tenants had been advised until well after both the Court decision and the 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • a • a • • a * a • a • a • • a • a a • a Rent Review Commission decision, and she felt the increase unfair. She said she had spoken with the City Attorney's office and been told by Doug Phillips that the tenants were not a party to the lawsuit and thus had not been notified. Since the tenants were those most affected by the increase, she felt they should have been notified. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 514 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 27, GRADING, OF THE PALM DESERT MUNICIPAL CODE. Mr. Folkers reviewed the report in detail noting that this amendment would provide staff with enough latitude to address the many different slopes in the City on a case - by -case basis. It would also alleviate 99% of the problems. He said that a committee of both staff and outside professionals such as engineers had drafted the amendment and that it had been reviewed favorably by a number of contractors and builders as well. Upon question by Council, he added that the amendment did include provisions for regulating the stockpiling of dirt on vacant lots as well as the mining of sand. Council Comments: Snyder: Complimented staff and committee and what appeared to be the best solution Council had seen. Kelly: Said Long Beach had an ordinance dealing with original terrain and anything above it had to have a dropped building floor. Suggested staff get a copy to see if its provisions would work in Palm Desert. Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Ordinance No. 514 was passed to second reading. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • a • a • • • • • • • • • • • • • • • • B. ORDINANCE NO. 515 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO STREET CUT AND TRENCH REPAIRS WITHIN NEWLY CONSTRUCTED STREETS. Mr. Folkers stated that this ordinance had been suggested by Councilman Snyder and in essence would prohibit contractors and utility companies from going into newly paved streets, trenching them, and returning them to less than perfect condition as had been done in the past. He said that in the case of Portola Avenue, this type of work would be prohibited for three years. Upon motion by Crites, second by Benson, and unanimous vote of the Council, Ordinance No. 515 was passed to second reading. For Adoption: A. ORDINANCE NO. 512 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.56.1900) PERTAINING TO HEDGES. Mr. Altman reported that this was second reading of the ordinance, and no input had been received since first reading. He recommended its adoption. Upon motion by Wilson, second by Snyder, Ordinance No. 512 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 513 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES (Haystack Road Between State Highway 74 and Portola Avenue). Mr. Altman reported that this was second reading of the ordinance, and no input had been received since first reading. He recommended its adoption. Upon motion by Crites, second by Benson, Ordinance No. 513 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • X. NEW BUSINESS A. REQUEST FROM MRS. PHYLLIS S. JOHNSON FOR OPPORTUNITY TO ADDRESS CITY COUNCIL. Mrs. Johnson addressed the City Council and read from a prepared statement which asked the City to rescind the assessment placed on her property in the North Sphere, said assessment being for street improvements. Upon conclusion of Mrs. Johnson's reading, Mayor Kelly stated the Council would receive her comments for the record. To this, Mrs. Johnson said "in other words, you are refusing to take any action as to revoking or rescinding these assessments against these land parcels, is that correct?" Mayor Kelly, noting that litigation was involved, asked the City Attorney to respond. Mr. Erwin advised that it was his recommendation that the Councilmembers hear Mrs. Johnson's testimony which they had Just done, that they receive any written documents she may present, and that they take no action. Mayor Kelly thanked Mrs. Johnson and stated the Council would take no action. B. RECOMMENDATION FROM EL PASEO BUSINESS ASSOCIATION RELATIVE TO CHRISTMAS DECORATIONS. Mr. Altman said that he, the Police Chief, and the Fire Chief had been working with the Association in what appeared to be a very exciting Christmas festivity. He said that concerns about the luminaries had been alleviated by agreeing that a patrol of police, senior citizens, and merchants would continuously check to make sure they were not tipped and a fire hazard. MR. BILL WARING, Co -Chairman of the El Paseo Business Association, told the Council that for three nights before Christmas these luminaries would be placed along both sides of El Paseo to light the street in a holiday fashion. In addition, merchants were participating in a window decorating contest, and food vendors, carolers, Santa Claus, and various musicians would be on hand to make the street a very festive atmosphere for holiday shoppers. He said that this would be expanded on year-to- 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • year so that it would be something that would draw shoppers from all over southern California. Councilman Wilson moved to authorize staff to issue any necessary encroachment permits required to carry out the Christmas plan on El Paseo. Councilman Crites seconded the motion. Motion carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF PERMISSION FOR CONSUMPTION OF ALCOHOL AT THE CIVIC CENTER FOR THE PALM DESERT GOLF CART PARADE. Mr. Altman reviewed the staff report and recommendation. Upon question by Councilman Crites, he responded that the permit was for the sale of beer only. Councilman Crites moved to grant the request and authorize staff to issue the necessary permits. Councilman Wilson seconded the motion, and the motion carried by unanimous vote. D. CONSIDERATION OF REPORT RELATIVE TO PROPERTIES IN THE NORTH SPHERE WHICH WERE APPROVED OR UNDER CONSIDERATION FOR DEVELOPMENT PROPOSALS BEFORE THE MORATORIUM WENT INTO EFFECT. Council took no action on this staff report. XI. CONTINUED BUSINESS A. REQUEST FOR CLARIFICATION OF CONDITIONS OF APPROVAL ON PARCEL MAP 21412/PP 85-46 - 0 & 0 DEVELOPMENT, INC. (Continued from Meeting of August 27, 1987). Mr. Folkers reviewed the staff report and recommendation for denial of the request. MS. CAMILLE H. COURTNEY, Vice President of D & D Development, stated that she felt the Council in its approval of the project had intended to delete Condition No. 27 which required her company to pay $50,000 for the widening of the bridge crossing at Parkview Drive. She said that listening to the tape of the meeting convinced her that while Council had discussed it, it had failed to include it in its motion of aproval. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Secondly, she said that wh 1 l e her firm was wi l i i ng to donate 55 feet of right-of-way on Fred Waring Drive for its widening, there was a discrepancy as to where this 55 feet was to be measured from. She said her engineer was measuring from the existing centerline of the street while the Public Works Department was measuring from 15 feet south of that which meant her firm would be giving up an additional 9,750 square feet of frontage. Mr. Folkers stated that with regard to the first request or Condition No. 27, his department was investigating the possibility of an assessment district of all property owners to pay for the widening of Fred Waring Drive. Upon question by Mayor Kelly, Ms. Courtney stated her firm would be willing to sign an agreement to participate in this district once formed if the requirement for the $50,000 cash participation at this time was waived. With regard to the second request, Mr. Folkers said there was confusion as to where the right-of-way was to be measured from, but he reiterated and further supported the City's position that it should be measured from the sect i on l i ne or 15 feet north of the centerline of the street. Councilman Crites asked if staff felt there was a disadvantage from changing the existing condition from a cash deposit to an assessment district in the future. Mr. Diaz responded he would prefer their agreement to participating in the future in a district inasmuch as when the street is widened, the $50,000 probably won't be enough. Participation in the assessment district would give the City the ability to get payment for the actual cost et that time which would probably be more than $50,000. Councilman Wilson moved to direct staff to prepare the appropriate amendment to the Resolution of approval to drop the $50,000 required and to further prepare an agreement for D & D Development to participate in an assessment district in lieu of this condition. Coujncilman Crites seconded the motion, and the motion carried by unanimous vote. MR. TIM PAONE, 1470 Jamboree Road, Newport Beach, addressed Council on behalf of the applicant and referring to his letter to City dated August 26th which he felt justified measuring the right-of-way from the centerline vs. the sectlonline. He said 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • . . . * • • • . . • • * • . . . . . . . . • that when the conditions are imposed, they should be clear and not worded in such a way that the applicant was left in confusion. Council Comments/Questions: Wilson: Said as he understood it, the right-of-way was not the issue but rather the intent of the condition approved as to where it started. Folkers responded that was the case. Crites: Asked if staff was comfortable in saying that its interpretation of the right-of-way in this recommendation is in keeping with the spirit of what the Council adopted. Folkers responded saying yes, and that staff was not trying to play games. Mr. Paone said that it was easy to say that now and continued to urge Council to uphold his position that the right-of-way should be measured from the centerline of the street. Snyder: Said that Council was trying to be reasonable and to compromise by lifting the $50,000 deposit. Believed the traffic problem created by the development had to be addressed by this condition. Councilman Crites moved to uphold staff's interpretation of this item, and Councilmember Benson seconded the motion. Motion carried by unanimous vote. B. CONSIDERATION OF REQUEST FROM CIVIC ARTS COMMITTEE for $7,500 Per Year Funding for a Palm Desert Childrerl's Choir (Continued from Meeting of September 10, L987). Mr. Diaz reported that at Council's direction, this request had been presented to the Parks & Recreation Commisison for recommendation, and that body had adopted a resolution in support of the request. He noted that the City Attorney had stated that if Council approved it, that approval would have to be given annually. Mrs. G i 1 1 i gan reported that as a result of a published press release, parents of approximately 20 children had called to say their children would be interested. MR. ALEX YARON. Chairman of the Civic Arts Committee, stated he had spoken with the Director of the CVB, Mr. Gil 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Zimmerman, who had expressed enthusiastic support of the idea as a way of promoting the city. Councilman Crites said that we tend to think of activities of children as those relating to sports. It has been a disservice to think of these activities as only those which are competitive when things such as fine arts and culture are equally important. Dick Kelly moved to approve the request and to appropriate $7,500 for its one-year funding. Councilman Crites seconded the motion, and the motion carried by unanimous vote. C. REQUEST FOR CONSIDERATION of Civic Center Remodel Contract (Continued from Meeting of September 10, 1987). Mr. Altman reviewed the staff report and recommendation. MR. JOHN OUTCAULT, Project Architect, reviewed for the record the effort made to solicit bids for the project. He said that the bids were substantially higher than estimated, and he believed that was due to the division of the work into three parts. MR. DAVE KRETZ, owner of Kretz Construction and the only bidder on the project, addressed Council stating that his pencil was sharp in preparing his bid and that he had thoroughly reviewed the premise before sitting down to write his proposal. He asked that Council consider awarding the bid to his firm. MR. SANDY BAUM, 45-800 Deep Canyon Road, read a prepared statement of suggested revisions to the proposed Civic Center modifications (said letter attached hereto and made a part hereof as Exhibit "A"). Councilman Snyder moved to: 1) Reject the bid received from Kretz Construction; 2) Instruct the architect to make changes in the contract documents, said changes listed in the staff report dated September 16, 1987; and 3) Upon completion of the revisions to the contract documents, instruct staff to readvertise and call for bids. Councllmember Benson seconded the motion. Council Comments: Councilman Wilson stated for the record: You have ell heard me, and you kow my feelings on this, but I do want to make a couple of comments. First of all, I too have great respect for the architect 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • who has worked on this. In fact, I owe him a debt of gratitude. He was on the Board of Trustees for the College 21 years ago and hired me. However, I have some real problems with this. I secondly have an empathy that we need to do something about the acoustics and the sound problems In this chamber. However, I think it can be done a lot cheaper than this package. For example, they brought down our sound engineer tonight. He turned the volume up, and it has done wonders for this evening's solution to the sound problems. 1 think there are a lot of little things we might do to solve the problems. It bothers me, and we have been talking about this chamber. This is a nice public building, and that is fine, but the biggest expense on this package is to make a nicer conference room for the Council to serve refreshments next door to the staff dining room - $95,000. I think it is ridiculous. 1 was opposed to this when we were talking about something between 5% and 10% of the total cost of this complex. We are now looking at a figure that is basically 15% of the total cost to build this entire Civic Center to do three things: 1) Make a more comfortable conference room; 2) provide security for the Council offices that I don't think are necessary; and 3) to try to do something about redesigning this chamber. I think basically that the proposal is ludicrous, extravagant, and an unnecessary expenditure of City funds. Crites: Felt a larger conference room was needed; agreed with Wilson that Chamber modification proposed was more than what was needed as the simple change in the speaker system made for this meeting had done wonders; continued to be "flat opposed" to Council office alterations as he saw no reason to expect possible terrorist attacks and therefore the security would not be necessary. Mayor Kelly called for the vote on the motion on the floor, and it passed by a 3-2 vote with Councilmen Wilson and Crites voting NO. XII. OLD BUSINESS A. REQUEST FROM WILLIAM N. COSGROVE FOR OPPORTUNITY TO ADDRESS CITY COUNCIL. MR. KEN COSGROVE, 72-965 Somera Road, Palm Desert, addressed Council and read from a prepared statement (attached hereto and made a part hereof as Exhibit "8"). Upon question by Council, City Attorney Dave Erwin responded that this was a specific request on behalf of Mr. Cosgrove to address the City Council. He said the matter was in litigation in court in which he is the 11 MINUTES ' REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • plaintiff suing the City and the adjacent property owner. There is a hearing upcoming on the matter, specifically, he believed at 9 a.m. on October 16th when some of these issues would be resolved. He said that if Council decided to discuss the matter, he requested the dicussion be held in Closed Session. MR. JACK DAHLSTROM, 74-090 El Paseo, Palm Desert, addressed Council as legal counsel for the adjacent property owner involved and also being sued. He said he did not believe the issue was a proper one for Council at this time inasmuch as the speaker had initiated the court proceedings. He said that the court Injunction that Mr. Cosgrove obtained prevented both the City and his client from doing any of the things he asked for. He suggested the court be allowed to resolve the issue. Mayor Kelly thanked both speakers for the comments, and no action was taken by the City Council. B. REQUEST FOR RECONSIDERATION BY MAGIJK PICTURE GRAPHIC COMPANY FOR CITY'S PURCHASE OF COLOR AERIAL PHOTOGRAPH OF PALM DESERT AND SURROUNDING COMMUNITIES. Mr. Magijk, 74-612 Highway 111, Palm Desert, addressed Council stating that he understood there had been previous consideration by the Council as to the cost of the photo. He said that it was six feet by nine feet, and his firm was one of few in the United States that could produce such a photo. He said the cost to the City would be $1,900 plus $141 tax. Council Comments/Questions: Snyder: Already used it several times to show constituents where something was located. Felt it a valuable tool for the City. Crites: Thought it might be appropriate to hang it in the Council Chamber after modifications were completed. Councilman Snyder moved to approve the purchase and appropriate $2,041 for same. Councilman Crites seconded the motion, and the motion carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • a a • • • • • • • • • NOTE: THIS ITEM WAS ADDED TO THE AGENDA ON SEPTEMBER 18, 1987, AFTER THE AGENDA WAS POSTED. IT WAS DISCUSSED BY THE COUNCIL AFTER THE PUBLIC HEARING PORTION OF THE AGENDA. C. CONSIDERATION OF COUNCIL ACTION IN OPPOSITION TO THE COLMAC PROJECT. Mr. Altman stated that this item had come up after the Agenda was posted. He said It was an addition to the Agenda and was posted on September 18, 1987, which was more than 72 hours prior to the meeting as required by law. Councilman Snyder stated that the Coachella Valley Association of Governments (CVAG) and its cities had agreed that the building of this project would be a detriment to the entire Coachella Valley. He said a meeting had been held that morning with the Environmental Committee, and an eight -page report had been prepared which set forth the criteria being used in opposing the project. He said the opposition to the project must be submitted in writing no later than October 14th and that each city was being asked to adopt a resolution of opposition. Councilman Crites stated that he had not yet had an opportunity to review the report but that there appeared to be some negative impacts. Councilman Wilson expressed concern that the Council was being pushed into opposing the project. He said he felt the report was written from the point of being against "smoke stacks", etc., and that he had received material from Colmac which listed some desirable impacts this project could have. He said he would like to see a little independent checking into this project and asked if there would be time for a staff member or two to visit some of the other Colmac plants to see if there was pollution being produced. Councilman Snyder responded that a lot of effort had been put into doing just what Wilson was talking about. He said the only opportunity to oppose the project would be through the EIR because the project itself would be on Indian land. He added that representatives of South Coast 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • a • Air Quality Management had attended that morning's meeting and had indicated worse conditions would be created and that the project would be turned down if it was under their jurisdiction. He said he did not feel he had been rushed into this decision. Councilman Wilson stated he would like to review the document submitted by South Coast Air Quality Management before a resolution of opposition was adopted by the Co-uncil. He said the plant was designed to provide an alternative source of energy. Councilmember Benson moved to waive further reading and adopt Resolution No. 87-89, opposing the Colmac Energy Project, and to direct staff to forward copies of the resolution to the appropriate agencies. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING. XIII. REPORTS AND REMARKS NOTE: THE REPORTS AND REMARKS SECTION OF THE AGENDA WAS DISCUSSED AFTER THE PUBLIC HEARING PORTION OF THE MEETING. A. CITY MANAGER Mr. Altman reminded everyone that a Closed Session was scheduled et the completion of the meeting. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action: i. Consideration of Joint Meetfng with City Council and Parks & Recreation Commission (Councilman Buford A. Crites). Councilman Crites asked that joint City Council/Parks & Recreation Commission and City Council/Planning Commission meetings be scheduled because of the plans under way for the North Sphere and the Civic Center Master Plan. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Council concurred that these meetings should be scheduled by the City Manager's office. 2. Councilman Wilson asked for Council direction relative to appointing citizens to a committee to explore alternatives to monopoly control of television signals in Palm Desert. He said at the previous Council meeting, he had indicated that several individuals had come forward and expressed interest. After discussion, it was the Council's consensus that Wilson would be the Council liaison to this committee and that a press release should be prepared asking that interested persons contact the City. 3. Clarification of Process of Approval for Palm Desert Children's Choir. Mayor Kelly stated that it was his understanding that the Council did not want to become involved in the operation of the Palm Desert Children's Choir. He said Council's decision earlier in this meeting was only to appropriate the money and did not include who would operate the choir. Councilman Wilson added that the Council had never formally discussed who would actually be operating the choir. Councilman Snyder stated that all the Council had done was to say it would be nice to have a children's choir. After additional discussion, Councilman Wilson moved to refer this matter to the Civic Arts Committee to put together a proposal with details as to how the children's choir should be operated. Motion was seconded by Crites and carried by unanimous vote of the Council. o City Council Committee Reports: None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XIV. ORAL COMMUNICATIONS - B None Mayor Kelly recessed the meeting at 6 p.m. for dinner. He reconvened the meeting at 7 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Mayor Kelly stated that the Reports and Remarks would be held until after the Public Hearings. Please see that section for Council discussion and action. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF RESOLUTION TO PEOPLE -TO -PEOPLE HIGH SCHOOL AMBASSADORS DAWN ACKERMAN, AN KIM, AND TED REED. Mayor Kelly stated that this item should be continued to the meeting of October 8th so that the entire group of students could be present. Council concurred. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE ISSUANCE OF MASSAGE PERMITS- KRISTINA M. SMITH AND PATRICK J. SMITH, APPLICANTS. Mr. Allen reviewed the staff report, noting that the Sheriff's Department had processed and approved the permits. He recommended approval. 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 Crites moved to, by Minute Motion, approve the request and authorize the issuance of massage permits for Kristina M. Smith and Patrick J. Smith. Motion was seconded by Wilson and carried by unanimous vote of the Council. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 . . • * * • * * * • • * * . • • * . * * * * • • * B. REQUEST FOR CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION ON AUGUST 18, 1987, DENYING AN EXCEPTION TO THE HEIGHT OF TWO WALL SIGNS AT ONE ELEVEN TOWN CENTER - MCG ARCHITECTS, APPELLANT. Mr. Diaz reviewed the staff report and read Section 25.68.730 of the Zoning Ordinance relative to the height of wall signs. He said although the City's Ordinance allowed for a height of 20 feet, the appellant was requesting a variance allowing two 24-foot wall signs. He said the signs located at the levels requested by the appellant would be integrated into the architecture and would not be detrimental to neighboring business nor to the community In general. He added that the architect was present to answer any questions the Council might have. Upon question by Crites, Mr. Diaz stated that staff was supporting the granting of this exception and was not in agreement with the Planning Commission decision. He said the Commission felt the exception should not be granted, that the original design of the building should have been done in such a way as to have the signs at the proper height, and that the developer should modify the structure at this time to bring It into conformance with the City's ordinance. Councilman Crites asked if there were other options available to the applicant, such as placing the signs on the ends of the buildings or lowering them to the 20-foot level. Diaz agreed that this was possible. Crites asked whether the Planning Commission was informed that the staff recommendation did not reflect -Its reasoning in denying the variance and that a Commissioner might wish to be present to explain that. Diaz stated that he did not think the Commission was aware of this. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. BOB McCLELLAN, 199 So. Las Robles, Pasadena, spoke as the project architect and apologized for having to "come hat in hand" to ask for a variance after the buildings are two-thirds complete. He said he was not aware of the City's policy with regard to sign height until a sign contractor asked the City for a sign permit. He said the dimensions were not put on the original plans submitted to 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • the City, and it was difficult to to l l that the signs would be higher than the 20-foot limit. He added that he did not feel the signs would be detrimental to the neighborhood businesses. Mayor Kelly invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Upon question by Mayor Kelly, Mr. Diaz responded that the maximum sign height allowed by the ordinance was 20 feet. Kelly asked If they could put in another facia at 20 feet in front and still be within the code. Diaz agreed that it could be done but_ would have to be sent back to the Architectural Review Commission because it would change the architecture of the buildings. Mayor Kelly reopened the public hearing. Mr. McClellan agreed it was possible for the two stores in Question to install signs equal to the other stores or at the ends of the buildings; however, he said they would probably feel that it was his fault as the architect if their businesses were not successful due to the height of the signs. Councilman Crites stated that if the Council directed that the signs be lowered by four feet, causing a blank wall where the signs were to be located, the Architectural Review Commission could look at softening that blank space. Mr. McClellan stated that he felt this would be a major change. Mayor Kelly declared the public hearing closed. Council Comments/Questions: Snyder: Always concerned with overturning a decision of the Planning Commission and would like to know the justification behind its denial of the variance. Mr. Diaz stated that the one member of the Planning Commission who spoke felt that: 1) the error was self- imposed by the architect; and 2) the request was not warranted and a variance to the C i ty' s sign ordinance 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • should, therefore, unanimously agreed. not be granted. The Commission Wilson: Staff's recommendation to approve the request for variance is saying that because of the setbacks and the size of the buildings, any impact would be inconsequential? Diaz agreed. Wilson stated he did not think the request was unreasonable because the intent was to make the signage part of the architecture and that he would be in favor of supporting the request. Crites: Felt the error on the part of the architect was unintentional; however, did not believe the legal requirements for an exception to the ordinance existed. Snyder: Stated that the Architectural Review Commission had approved the buildings without realizing It was four feet off in the size of the signs. Felt that changing the design of the buildings at this late stage would be very detrimental. Stated he did not like to have variances to the sign ordinance, but agreed that sometimes unusual circumstances did occur. Benson: Stated this was not a major shopping center and that she had never seen these types of shops have trouble attracting customers. Did not believe denying the variance would cause problems in getting people to the stores. Kelly: Felt to change the buildings at this time would be a disaster. Also felt that with the setbacks'. and the design of the buildings, it would be detrimental to place signs in any other area. Councilman Wilson moved to waive further reading and adopt Resolution No. 87-86, approving an exception to the height of two wall signs at One Eleven Town Center. Motion was seconded by Snyder and carried by a 3-2 vote of the Council. with Benson and Crites voting N0. C. REQUEST FOR CONSIDERATION OF ACTUAL ASSESSED COSTS FOR PROPERTY AFFECTED AND BENEFITTED BY THE KELLY ORDINANCE STREET WIDENING LOCATED ON THE NORTH SIDE OF COUNTRY CLUB DRIVE BETWEEN PORTOLA AVENUE AND COOK STREET. Mr. Folkers reviewed the staff report. noting that bids received were below the engineer's estimate. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 . . . . . . . . . . . . . . . . . . . . . . . . . Mr. John Wohlmuth, Administrative Assistant, stated that a letter of opposition had been received from United Savings and Loan Association which was basically the same as that submitted when the first public hearing was held on July 23, 1987, to initiate the project. He said this public hearing was to present the actual costs according to the low bid. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. None was offered. He declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 87-87, awarding the bid, and Resolution No. 87-88, ordering the work done. Motion was seconded by Snyder and carried by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO ZONING ORDINANCE CHAPTER 25.24 PLANNED RESIDENTIAL DISTRICT LIMITING PERMITTED USES TO RESIDENTIAL DEVELOPMENTS, COUNTRY CLUBS, AND OTHER DIRECTLY RELATED ACCESSORY USES. OTHER LISTED USES, INCLUDING COMMUNITY FACILITIES, RECREATION, RELATED INSTITUTIONAL FACILITIES, RESORT HOTELS, AND UTILITY FACILITIES SHALL BE MADE SUBJECT TO A CONDITIONAL USE PERMIT. Mr. Diaz reviewed the staff report, noting that under the current ordinance, it was difficult to deny an inappropriate "permitted use". He stated that the purpose of this ordinance amendment was to give staff greater latitude in potentially denying those uses that are not residential in nature in planned residential zones. 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 Crites moved to waive further reading and pass Ordinance No. 516 to second reading. Motion was seconded by Wilson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • • is • s • • s • • • • • • • • • • • • • • • XX. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session at 8:20 p.m. in accordance with Government Code Section 54956.9 (a) and (b). for the purpose of discussing pending and potential litigation, said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Wilson and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 9:20 p.m. and immediately adjourned the City Council meeting with no action announced. ATTEST: SHEILA R. GIk1GAN, CITY,- ERK CITY OF PALM DESERT, CA I ORNIA 21 MAYOR HJIUTZ3 SEPTEMBER 24, 1987 REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT "A" September 24, 2987 Mr. Mayor, wem}lers of the City Council, as a citizen of Palm Desert, I spend a great deal of time at City Hall, and as 1.Ju know, much of that time is spent in these chambers. Because I cic = ', 'r 1 a great deal cif time in these chambers and ii;7.17e heard a variety of complaints from those in attc.ilance, I decided that it was incumbent upon me as a self appointed representative of the public, to review the construction documents and to come before you to express any concerns about the intended remodel. So, yesterday afternoon, I reviewed the construction documents for the proposed remodel of the Council Chambers. I found several items which I believe should be brought to staf.f's attention and changed prior to the documents being put out for re -bid. I would be happy to meet with staff at any time. It seems to me that the reason for any proposed changes here in the chambers should be primarily for the benefit of the audience. I believe the drawings reflect an attempt to do just that. However, I feel as a member of the audience, the proposed changes are not carried far enough. Therefore, I would like to explore several items with you at this time. Those items I would like to cover are: the sound system; the public T V mounted in the wall to my left; language I found in the Electrical specifications; audio-visual solutions; window covers for daylight use; acoustical materials; protection of the unfinished mural on the rear wall; isolating the sound of the roof mounted air conditioners; and last but not least, clean up responsibility. Item 1: Sound System I found no referg ce to any new sound equipment or the revamping of 'the existing system. Is it pos' hie that with ;i11 the pr- ems we have with thi sound system, we are not :;,,ing to make REGULAR PALM DESERT CITY COUNCIL NLti1Aa • • • • • • • • • • • • • • EXHIBIT 'A' Item 2: T V Monitor SE • • • • • • •• • • • • • I believe that the relocation of the existing T V will afford the audience a better opportunity to observe what is going on, especia:l'y those that sit on the left side nearest the monitor. However, I feel a second wall mounted T V on the opposite wall would afford even more participation especially from those whose eytts.►c,Ji+t was not a:; good as it once was. Item 3: Language on the drawings Drawing Page a-5, Paragraph F, Item•2, states: Any Owners equipment that is defective at time of relocation is not the responsibility of this contract. I have a problem with this. Who is to equipment is defective at the time of if the building power has been turned construction? Besides, I would expect equipment would be removed prior to demolition and either stored on the premises, or should be removed by the sub -contractor and stored on his premises until its time to replace. Item 4: Audio- visual say if the relocation off during that this We all have watch slide show- here with the slide projector balanced on top of the masonry walls, while the screen is adjusted so that the audience could view the slides. Or, someone had to find a table to sit the overhead projector on. I think we should take into consideration those problems we've encountered and find E. remedy. An overhead recessed screen and possibly a projection room opposite with a see through window might.he one solution. 23 MINUTES 'n�u��►11�• r ,U. uI uLJ % I L. 1 1 1 l.vuIL. I L rmt I I nu SEP r tIIBitn 24, 198T •, • • • • • • • • •* it • • • • • • • * • • • s 0 • EXHIBIT "A" Item 5: Window covers It is apparent to those of us who have attended functions during the daylight hours that some form of window treatment is needed, especially when the sun is being reflected into the Chambers while some form of audio-visual is being shown. Drapes, similar to those being proposed for the new conference room, -might be appropriate. Item 6: Acoustical materials I am aware that staff has recommended the documents reflect acoustical materials and their locations as suggested by the acoustical expert. I hope those locations include both the dome and upper wall surfaces. If not, they should be included since conversation on one side of the Chamber can be heard on the other side with the voices bouncing off the ceiling. Item 7: Protection of the unfinished mural Nowhere could I find any comments concerning the protection of our unfinished mural gracing the rear wall. With the demolition of the masonry walls, I expect a great deal of dust to be flying and if special care is not taken, the demolition could ruin the mural beyond repair. Item 8: Roof mounted air conditioners Much has been said in the past about the sound transmitted into the Chambers every time the roof mounted air conditioners cycle on and off. Has any consideration been included in the bid documents for a better method of isolation. Correcting this sound transmission would greatly improve the audio within the Chamber. 24 *l*S . .• .1211401411FPALM OESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 a j a a • • •,. • • • • • • • • • • • • EXHIBIT "A" Item 9: Seating Since the seating is fabric, special precautions should be taken to protect the fabric surfaces from the masonry dust that is sure to fly. Draping a tarp over the backs of the seats will not be sufficient. Item 10: Final clean-up Who is going to be responsible for the final detail clean-up. The successful contractor or in- house staff? 25 MINUTES ' REGULAR -PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1987 • • • i • • • • • • it s • • • • • • • • • • • • • EXHIBIT "B" .42 e-; / 1/40 ,-a*.-i #nc,/, d --. ?. -9' - .,��>> r � 4acQ .w CuCPss OZc/J2F/fJ ,ofize l 9'd11.U OYtu4-'1� tE.i-6d • „/in^c ',tea/ 76ej yciC ':iv -,lam Q . doch L. .-n�YC .cc�� 1h <</ il. E i -7./c/ /t4 710.edrec,''.ZC %e 41-14r7e t,, ,Q.n' aec,cl fleetc, v ot.Y1 .r4� f4�` c .ram 2d ,Gd.ceC • oOoyYt ,14tg 7`4:0 1-4 et_ ,o,„„ 26 it * CO C*L***** YLI 89 TWA *D** ` ** 1957 ,40,4,040 /re;),,zirA441. . 7-144 Gt- 40-114 el ei t2 ( -14 .04,71 6 lett' 0,66i, , l ltci L' C4 j1 3"‹, 27