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HomeMy WebLinkAbout1988-02-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 11, 1988 CIVIC CENTER COUNCIL CHAMBER • a a • a a a • • a • • a a • * * • • • a a • a * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Mayor Jean M. Benson IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Excused Absence: Councilman Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager Doug Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/Public Information Officer Richard J. Folkers, Director of Public Works Ramon A. Diaz, Director of Community Services Kirby J. Warner, Director of General Services Frank Alien, Director of Code Compliance SUNLINE TRANSIT COMPANY PRESENTATION OF ITS BUS SHELTER CONCEPT MR. LEE NORWINE, General Manager of SunLine Transit, reviewed his letter dated December 22, 1987, relative to providing bus shelters at approved locations in Palm Desert (on file and of record in the City Clerk's Office). He also reviewed the agreement between SunLine and SunRise Media, the shelter vendor, noting that there would be no cost to either the City of Palm Desert or to SunLine for installing or maintaining these shelters. He introduced several members of SunRise Media, including Mr. Milt Jones, Mr. Bruce Seidel, Mr. Frank MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 1!, 198E • • • • • • • • • • • • • • • • • • • • • • • • 1 Jones. Mr. Bob Leonard. and Mr. Howard Lucas of General Telephone. A slide presentation was given showing types of shelters and some of the proposed locations for same in Palm Desert. Mr. Norwine stated that the shelters would be illuminated and that General Telephone would install telephones where feasible on the shelters which would allow access to the 9-1-1 emergency number as well as SunLine information and any community information hotline the City might wish to provide. Upon question by Councilman Kelly relative to illumination of the shelters, Mr. Norwine responded that it would apply to all hours that SunLine operates. Mayor Benson asked If it would be feasible to have pay telephones in the booths, and Mr. Lucas responded that it would. Mr. Norwine added that they would be regular pay telephones with free access to SunLine information and the emergency 9-1-1 number. Councilman Wilson asked what the timing for the two phases would be, and Mr. Frank Jones responded that the first phase would begin in 30 days, with the second starting six months after the first phase was completed. Councilman Snyder asked who would control the media advertising. Mr. Norwine stated that included In the contract would be a provision that anything the City did not like would be removed within 24 hours. Mayor Benson recessed the meeting at 4:30 p.m. so that Council and staff could look at an actual shelter which was set up in the Civic Center parking lot. She reconvened the meeting at 4:40 p.m. and thanked Mr. Norwine and the representatives from SunRise Media for their presentation. With Council consensus, the City Manager was directed to prepare a report and recommendation. V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of January 14 and 28, 1988, and Special City Council Meeting of January 25, 1988. Rec: Approve as presented. 2 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 . . * . . . * * . . . . . . . . . . . . . . . . * 8. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0104 and WR0107. Rec: Approve as presented. C. CLAIM NO. 066 AGAINST THE CITY by Douglas A. Wells In the Amount of $15,000 for Personal Injuries. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. D. INFORMATIONAL ITEMS: 1. Leaf Blower and Sweeper Vehicle Noise Complaints. E. REQUEST FOR APPROVAL of Final Parcel Map 22570, Lakeside Properties, Applicant. Rec: Waive further reading and adopt Resolution No. 88-12, approving Parcel Map 22570. F. REQUEST FOR APPROVAL of Parcel Map 22885, Karl Buretz, Applicant. Rec: Waive further reading and adopt Resolution No. 88-13, approving Parcel Map 22885. G. REQUEST FOR APPROVAL of Library Phase 11 Extra Costs - Contract No. 00-164. Rec: By Minute Motion, authorize the expenditure of $4,015 from the contingency portion of the contract with Deloitte, Haskins & Sells. H. LETTER OF RESIGNATION from Mr. Sabby Jonathan from the Rent Review Commission. Rec: Accept with very sincere regret. I. LETTER OF RESIGNATION from Mr. Larry Spicer from the Economic Development Committee. Rec: Accept with very sincere regret. 3 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • J. REQUEST FOR APPROVAL from Marshalls to Use Kleig Lights (Skylights) for Grand Opening. Rec: Approve the use of kleig lights for the opening of the entire center, not Just Marshalls, and convey said approval to the shopping center's management. K. REQUEST FOR APPROVAL from the Vintage Club to Post Directional Signs for Invitational Golf Tournament. Rec: Approve the request based on the special events provision of the Palm Desert Sign Ordinance. L. REQUEST FOR MITIGATION of Outstanding Conditions of Approval for Palm Desert Town Center, Parcel Map 15723. Rec: By Minute Motion, direct staff to invoice the owners of the Palm Desert Town Center for $210,000 in addition to their acceptance of the responsibility to install the landscaped median from Town Center Way to the Palm Valley Channel on Highway 111, as full and complete payment for all outstanding project conditions of development approval. Councilman Crites asked that Item L be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Councilman Wilson asked that Item D also be removed for separate discussion. Upon motion by Crites, second by Wilson, and unanimous vote of the Council, the Consent Calendar, with the exception of Items L and D, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None 4 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • • - • • • • VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 519 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE PARKING OF RECREATIONAL VEHICLES ON PUBLIC STREETS. Mr. Altman stated that Mr. Allen had met several times with members of the citizens' committee and that something would be given to the City Attorney's office shortly relative to parking on private property. Councilman Crites commended Mr. Allen for chairing this committee. He said that he felt the committee was close to an ordinance which would be mutually acceptable to all concerned. Councilman Crites moved to waive further reading and adopt Ordinance No. 519. Motion was seconded by Snyder and carried by unanimous vote of the Council. 8. ORDINANCE NO. 526 - 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 (Alamo Drive and Deep Canyon Road). Mr. Altman stated that no further input had been received since introduction of this ordinance and recommended its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. 526. Motion was seconded by Benson and carried by unanimous vote of the Council. C. ORDINANCE NO. 529 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING PREANNEXATION ZONING FOR APPROXIMATELY 160 ACRES IN THE SOUTHEAST QUARTER OF SECTION 10, CASE NO. C/Z 87-11. Mr. Altman stated that no further input had been received since first reading of this ordinance and recommended it be adopted. 5 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11. 1988 • • • • • • • • • • • • • • • • • • • • -f -• - • • • Councilman Snyder moved to waive further reading and adopt Ordinance No. 529. Motion was seconded by Crites and carried by unanimous vote of the Council. D. ORDINANCE NO. 530 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT AMENDMENT FOR A SENIOR HOUSING PROJECT LOCATED ON 23 ACRES ON THE NORTH SIDE OF FRED WARING DRIVE, 1400 FEET EAST OF COOK STREET, CASE NO. DA 86--7 AMENDMENT II (PAMELA AND DALE SMALLWOOD, APPLICANTS). Mr. Altman reported that no changes had been made to this ordinance and recommended its adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 530. Motion was seconded by Wilson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER D. INFORMATIONAL ITEMS: 1. Leaf Blower and Sweeper Vehicle Noise Complaints. Councilman Wilson stated he asked this item to be removed because a member of the audience wished to speak to the issue. MR. HOWARD RUTAN, Willow Street, spoke as President of the Palm Desert Property Owners' Association and read a letter of complaint. Mr. Altman stated that another letter had also been submitted just prior to this meeting (both attached hereto and made a part hereof as Exhibit "A"). Mayor Benson suggested that a committee be created to look into these complaints and come back with a report and recommendation. Councilman Snyder agreed and said he felt leaf blowers were a menace and should be banned forever. 6 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to, by Minute Motion: 1) Create a committee to look into the problems of leaf blower and sweeper vehicle noise complaints; and 2) Direct the Mayor to select the members. Motion was seconded by Wilson and carried by unanimous vote of the Council. Mayor Benson stated that the Committee members would be herself, Councilman Crites, the City Manager, City Attorney, Director of Code Compliance, and citizens from the community. L. REQUEST FOR MITIGATION of Outstanding Conditions of Approval for Palm Desert Town Center, Parcel Map 15723. Rec: By Minute Motion, direct staff to invoice the owners of the Palm Desert Town Center for $210,000 in addition to their acceptance of the responsibility to install the landscaped median from Town Center Way to the Palm Valley Channel on Highway 111, as full and complete payment for all outstanding project conditions of development approval. Councilman Crites stated he asked that this item be removed for two reasons: 1) He did not feel an item such as this should be placed on the Consent Calendar for approval. He said it was an Item of New Business and should be placed as such on the Agenda; and 2) He felt discussion of the matter should be postponed for two weeks so Counc i 1 would have time to receive some written Information relative to the background for this request. He said he did not want to even consider the matter at this time. Councilman Crites moved to, by Minute Motion, continue this matter to the meeting of February 25th. Motion was seconded by Wilson and carried by unanimous vote of the Council. X. NEW BUSINESS None XI. CONTINUED BUSINESS None 7 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • • ♦ • • • XII. OLD BUSINESS A. CONSIDERATION OF TREE ORDINANCE. Mr. Diaz reviewed the staff report, noting that staff would not recommend the establishment of a tree preservation ordinance; however, if the Council felt there was a problem with regard to elimination of trees in the City, the proposed ordinance in the staff report would create a permit procedure for removal of trees. Upon question by Crites and Wilson relative to why staff would not recommend such an ordinance, Mr. Diaz responded that staff felt the process could result in private property rights being unduly injured. He said during the approval process for a project, a developer could be required to preserve trees on a particular site. Councilman Snyder stated he felt the City was trying to encumber itself with more than was needed. He said he was not willing to accept the burden of determining what would happen to trees when they are brought in by private property owners. He added that if there was a problem, it could be controlled through the approval process. Councilman Crites said that the reason there was not this type of problem 14 years ago was because there was not mature landscaping. He said the proposed ordinance would provide the ability to designate certain items within the City as having historical benefit, and he felt there were areas in the City where this needed to be done. Councilman Wilson said he had several questions regarding the following sections of the proposed ordinance and asked that they be reviewed: - Section 2 (c)(1): He said he was not sure whether this was an adequate definition for mature trees such as the palm trees at the Arco station. Mr. Diaz suggested that the definition be changed to read that trees over 18 feet in height would be considered to be mature. - Section 5 (c)(1): He asked what would happen if a developer decided not to preserve particular trees but instead allowed them to die. Mr. Diaz responded 8 MINUTES REGULAR CITY COUNCIL MEETING • • • • • • • • • • FEBRUARY 11, 1988 • • • • • • • • • • • • • • • that he did not know how something like this could be controlled. Mayor Benson questioned Section 3 relative to Council designating trees of historical value or significant community benefit. She said the Historical Society was very excited about preserving such trees, and she asked if there was something that could be put into conditions of approval requiring developers to maintain historical trees within their sites. Mr. Diaz said a condition could be added that mature trees covered by this ordinance must be maintained; however, in terms of enforceability, he said he did not believe the City would have any power. Councilman Snyder said he did not feel the City should be regulating as much as was in the proposed ordinance. However, he agreed that the Historical Society or the City should determine those trees that are of historical value or significant community benefit. Councilman Crites moved to, by Minute Motion, direct staff to place on an agenda for a public hearing that portion of the proposed ordinance that refers to the planting of trees that are of historical value or significant community benefit. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. REQUEST FOR CONCEPTUAL APPROVAL OF CABLE & RYLEE LOW INCOME SENIOR HOUSING IN -LIEU FEE DEVELOPMENT AGREEMENT. Mr. Diaz reviewed the staff report, noting that the City Attorney felt the newly revised agreement would provide the necessary security for the City's investment. He said staff's recommendation would be to conceptually approve the agreement and direct staff to finalize it. Councilman Wilson asked if the agreement would give the City the ability to acquire the land. Mr. Phillips responded that the City would acquire the property when it was satisfied that the price was right and that the property was free and clear of encumbrances. He said once the City has acquired the property, the developer will provide certain information, including proof of available construction and permanent financing for the project, so that the City w111 know it is ready to proceed. He said once satisfied that the developer was ready to proceed, the City would convey the property to 9 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • • 4 • • • the developer with the recorded development of record on it. He said there was an understanding in the agreement that a construction loan would have to be placed on the property for the construction of the units, and the development agreement would act as a mortgage and would be placed in second position to the construction loan. He added that if there was a default during construction, the City had the ability to take over the project and complete it. Councilman Wilson asked how the City could be assured it would not end up with a large construction liability. Mr. Phillips responded that the City would be controlling the disbursement of loan funds. Councilman Wilson moved to, by Minute Motion: 1) Conceptually approve and direct the City Attorney to finalize the agreement; and 2) Direct staff to proceed with an appraisal of the property preparatory to acquisition. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REQUEST FOR CONSIDERATION OF ECONOMIC DEVELOPMENT STAFF I NG. Mr. Altman reviewed the memo in the packets, which he said was the result of the previous closed session relative to personnel matters. He said the executive management team will be comprised of the newly created position of Assistant City Manager/Economic Development Director/Treasurer and reclassifications to establish the positions of Assistant City Manager/Director of Public Works and Assistant City Manager/Director of Community Development and Planning along with the existing Assistant City Manager/Director of Redevelopment. Councilman Crites congratulated the City Manager and individuals involved in the staffing changes. Councilman Crites moved to waive further reading and adopt Resolution No. 88-14, authorizing changes to the table of authorized positions for the City of Palm Desert. Motion was seconded by Snyder and carried by unanimous vote of the Council. 10 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to, by Minute Motion, appropriate $29,000 to implement the personnel changes related to the proposed program and authorize the Finance Department to allocate the funds to the department accounts required. Motion was seconded by Benson and carried by unanimous vote of the Council. D. REPORT ON EL PASEO COLLECTION LANDSCAPE PLAN - HIGHWAY 74/EL PASEO, PP 87-22. Mr. Phil Drell, Associate Planner, reviewed the staff report and said the issues were the design of the landscaping in the area that was formerly the service frontage road of Highway 74 and the location of the light posts or trees of some sort along the El Paseo frontage. He reviewed the history of the project, noting that the final approval resulted In the building occupying part of the right-of-way, with the landscaping in the rest of it. Councilman Crites said he had spent over an hour looking at the site with Mr. Drell. He said there were a lot of oleander bushes along the southerly end of the parking lot which screened the lot from the adjacent property. He asked if screening like this could be Installed on the west half of the parking lot. Mr. Drell said he had discussed this with the applicant, and the problem was the way the building extends out. He said if the property owner on the other side of the retaining wall would agree, there should be no problem providing irrigation and landscaping on the developer's side. Upon question by Mayor Benson, Mr. Drell responded that the area for the artwork would be landscaped until the actual artwork was determined. MR. RON GREGORY, Landscape Architect, reviewed the proposed landscaping and screening, noting they were planning to use palm trees so that the windows could be seen and not blocked. Upon question by Mayor Benson, Mr. Gregory said the applicant had no objection to putting in a bench but would prefer to wait until after the location of the artwork was determined. 11 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • a a it • • Councilman Crites expressed concern that the cars be sufficiently screened and said sometimes what is on the landscape plans and what is actually installed are not the same. Mr. Gregory said the Council could require that mounding be a certain height as a matter of record. Crites asked if there would be any objection to reducing the sidewalk by three or four additional feet instead of having it 8 feet wide in order to provide extra landscaping. Mr. Gregory responded that he wanted to provide sufficient room for people to look into the retail windows and asked that the sidewalk be left at least six feet wide. It was Council's concurrence that the sidewalk be reduced to a width of five feet. Mr. Drell stated that the plan submitted to the Architectural Review Commission called for a series of decorative light posts along El Paseo. These light posts would be in planters with annual flowers around them. He said the Commission felt there needed to be more foliage and proposed that trees of some sort alternate with the light posts. He said the applicant had appealed and wished to present his case as to why the design and look of the light posts would be better than having trees. Mr. Gregory said the applicant was asking that nothing be done until the building was at a certain point where Council and staff could determine right at the site what might be better. He said the applicant would abide by the decision made at that time. Councilman Wilson said he would be willing to approve of this if it could be done legally under this appeal. He asked if this item could be continued until such time as Council and staff could do an on -site inspection. Mr. Phillips stated that this could be done. Councilman Wilson moved to continue this item until such time as Council and staff can visit the site and see first-hand the difference between trees and light posts. Motion was seconded by Snyder and carried by unanimous vote of the Council. Councilman Snyder moved to, by Minute Motion, conceptually approve the landscape plan presented by the applicant. Motion was seconded by Crites and carried by unanimous vote of the Council. 12 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY II, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • XIII. E. UPDATE ON EL PASEO PARKING. Mr. Diaz stated that a meeting was held on Tuesday with several City staff members, Mr. Dan Ehrler of the Chamber of Commerce, and some of the merchants and property owners in Presidents' Plaza East. He said the general consensus was to relocate employee parking temporarily at this time. He said the City Attorney had drafted agreements with Palm Desert National Bank and Security Pacific Bank which had been sent out for approval. He said a survey had been done by one of the business owners and, excluding Arco, Bank of America, and the Elephant Bar, the area had 239 employees, and the parking lot has 220 spaces. He said If Council agreed, the process to remove the employees to a separate parking area would begin as soon as the signed agreements were received. Council concurred. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites commended Mr. John Wohlmuth, Public Works Administrative Assistant, for the considerable amount of time he had spent walking the Fred Waring Drive and Monterey Avenue medians and looking into improving the quality of the landscaping. 2. Councilman Wilson asked that Mr. Ortega prepare a report updating the Council on the petition filed with the Federal Communications Commission regarding CVTV deregulation. 13 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • -• a • • • Mr. Ortega stated that he would also prepare a report regarding basic cable services rate increase by Palmer Cablevision. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Councilman Wilson moved to adjourn to Closed Session at 5:43 p.m. pursuant to Government Code Section 54956.9 (a) and (b), pending and potential litigation. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Benson reconvened the meeting at 7:00 p.m. 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 A. REQUEST FOR CLARIFICATION OF CONDITIONS OF APPROVAL CONCERNING HOURS OF OPERATION AND SECURITY FOR A CONDITIONAL USE PERMIT FOR A MINI -MARKET GAS STATION AT THE NORTHWEST CORNER OF PORTOLA AVENUE AND HIGHWAY 111- ARCO, APPLICANT (Continued from the Meeting of January 28, 1988.) Mr. Diaz reviewed the staff report, noting that a question had been raised relative to the limit on hours of operation. He said staff's recommendation was that the Council affirm the conditions as listed in Resolution No. 87-115. Mayor Benson noted that this was a continued public hearing and invited testimony in FAVOR of this request. 14 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • MR. CRAIG YAMASAKI, Real Estate Representative for Arco, stated he wished to have clarification of several items decided upon by the Council at its December 10th meeting. He read a portion of the transcript of Councilman Crites' motion made at that time relative to hours of operation. He said one of the reasons the Council restricted the hours to 6 a.m. to 12 a.m. was opposition by the adjacent property owner who was concerned with the proximity of the mini market to her residence and parking at the front of her home. He said in a study conducted to find out the proximity of existing convenience stores In Palm Desert to residences, he had discovered one was 82 feet away, one was approximately 101 feet away, and one was 99 feet from the closest residence. He said he had met with Mr. and Mrs. Monroe, the adjacent property owners, in an attempt to mitigate their concerns with regard to noise and other problems, and he submitted a proposal which had been accepted by them and included ending the sale of beer and wine after midnight (on file and of record in the City Clerk's Office). He said the additional buffer required by the City Council would be installed, the wood fence on the southern portion of the property would be replaced by a masonry fence, and the landscaping would include mature plants. As far as condition #2 relative to a sheltered bus stop, he submitted a diagram which was acceptable to the Planning staff. He said the water feature required by condition #3 was in the design stage and would be submitted as soon as it was available. He added that they would try to present it to the Civic Arts Committee prior to the end of the month. In response to condition #5 relative to agreeing to provide security for the project if it was determined to be necessary in the future, he said Lt. Jake Bowser had looked at the project and liked the layout from a security standpoint. Upon question by Crites, Mr. Yamasaki stated that Lt. Bowser of the Sheriff's Department had recommended a direct line panic button so that if there was any problem on the site, the button could be pushed and the police could respond immediately. He said he had presented this to Mr. Diaz who indicated installation of a panic button would satisfy condition #5. 15 MINUTES REGULAR CITY COUNCIL MEETING • • • • • • • • • FEBRUARY 11, 1988 • • • • • • • • • • • • • • • Councilman Crites asked if Mr. Yamasaki was aware that even if the Council approved the project for 24 hour operation, it could change those hours through the public hearing process if it found it was necessary to do so because of problems at the site. Mr. Yamasaki responded that he did realize this could be done. Mayor Benson invited testimony in OPPOSITION to this request, and none was offered. She declared the public hearing closed. Council Comments/Questions: Crites: The issue of the bus stop has been met to the satisfaction of Sunline, and the issues of aesthetics and the water feature have also been met. The only two remaining issues are security and hours of operation. Since the letter from Lt. Bowser indicated a panic button with direct connection to the police was appropriate to provide extra security, he was willing to acquiesce to his judgment and change the condition of security to provide such a panic button. As far as hours of operation, would prefer that the facility be closed from midnight to 6 a.m. Wilson: Agreed on the security matter as long as the condition as specified was agreeable to the Police Department. As far as hours of operation, was concerned that this business be consistent with like businesses in the City. Said there were like businesses allowed to stay open for 24 hours; however, there were also others not allowed to be open for 24 hours. Benson: Concerned that this business not be allowed to stay open after midnight due to the element it brings into the City. Said even though the convenience store on San Pablo Avenue was allowed to be open 24 hours, it was not in a heavily traveled area. Said with the first-class destination resort image the City is trying to achieve, she did not feel it was conducive to having these facilities open 24 hours. Councilman Crites moved to waive further reading and adopt Resolution No. 87-115, amended as follows: 1) Change the condition regarding security to require a direct line panic button; 2) Allow the facility to remain open for 24 hours with the understanding that beer and wine will not be sold after midnight; 3) Additional landscaping to be Installed per diagrams submitted by the applicant. Motion was seconded by Snyder. 16 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson stated that he would like to require this applicant and any future gas station facilities to install at least one non -corrosive underground tank for methanol or other alternative alcohol fuels. Mr. Yamasaki stated that all of his firm's tanks are constructed of double -walled, non -corrosive fiberglass and that Arco had recently piloted an alternative methanol fuel program. He said he would not object to the addition of Councilman Wilson's condition. Mr. Diaz stated that the condition would read as follows: "Shall install non -corrosive tanks for eventual use of methanol gas." Councilman Crites amended his motion, and Councilman Snyder amended his second. Motion carried by a 3-1 vote, with Mayor Benson voting NO. Councilman Crites commended Mr. Yamasaki and said his method of doing business with the Council, staff, and adjacent property owners was admirable and positive. He said he would like to see that method as the stereotype for doing business. XIX. ORAL COMMUNICATIONS - D MR. SANDY BAUM, 45-800 Deep Canyon Road, Palm Desert, addressed Council relative to the tree ordinance discussed earlier in the meeting. He said landscape plans are included in the approval process for developments, and these developments are in essence forgotten once they are completed. He said he felt something should be included in the tree ordinance to maintain a level of quality landscaping, since in many instances the trees installed are not the mature trees initially approved. Councilman Crites said he felt this would be appropriate for staff to look into, and Council concurred. 17 MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 11, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 7:39 p.m. ATTEST: SHEILA R. GILLIGAN,, TY CLERK CITY OF PALM DESER CALIFORNIA p&4414,4A- JEAN M. BENSON, MAYOR 18 MINUTES REGULAR CITY COUNCIL MEETING • • • • • • • • • • • • • • • • • • • • • • • • • FEBRUARY 11, 1988 EXHIBIT 'A' PALM DESERT PROPERTY OWNERS ASSOCIATION 73-833 EL PASEO PALM DESERT, CALIFORNIA 92260 TELEPHONE 346-2804 A Non -Profit Corporation 11 February 1988 Palm nesert City counr-il: The Board of Directors for the Palm Desert Property Owners Association has a nreat concern about the un- necessary noise pollution being created by some gardners using blowers without itifflers. These blowers also stir up a lot of dust and blot debris on other people's property. Why should gardners be nermittecl to »se eguinment that creates noi.me many times greater than the city's big street sweeper. 1ufflers are required for other equipment so why shouldn't muffl^rs be reT1ired for blowers? Since the gardners hP•i' not been willing to police this problem themselves t!t"1 the rity has a rA snonsibility to either require Parchnin-7 r-n'inm nt me-,t strict noise standards or prohibit tho use cc blo.ters to Protect the citizens of our fair c.itr' from the blower rollntion problem. The Coundil's consi!1^ratio1 in truing to solve this problem will be anprc,ciaterc.. sincerely, 11o'vard Ratan. 19 Febru&ry 11, 1988 MINUTES REGULAR CITY COUNCIL MEETING • Grity Council • • • • • • Palm Desert, CA Dear Council Members: FEBRUARY 11, 1988 • a • * • • a * IF a a a • • EXHIBIT "A' I would like to protest, es a nrivrte citizen and property owner, the use of leaf blowers in residenti^1 areas in Palm Desert. Trash blowers are particulrrly objectionable for two rersons: noise and the blowing of dust and leaves into the neighborhood. Leaf blowers are a poor substitute for garden rakes. If today'•s gardeners were dependent on leaf -blowers alone to do a required job, I would tend to be more lenient toward their in- trusion on the neighborhood. But we have pot along for years and years - with nice neat ,yards - without the noise and dust of blowers. Today there is r trend nat ionwi 1e to control the use of ciRarets in public pieces. Drirtinr ciraret smo1 e is considered an intrusion on those who chr'ose not to smol7e. Why should leaf blowers (dust -blowers?) he c, nsidered env less nn intrusion on the neighboring public? The City Council of TRlm Desert, if It cheeses to con' ro1 or eliminate the use of trash blowers here, will 1 not be rioneer- ing such legislation. More than a dozen California cities have restrictive garden blower ordinances. The cities of C--rmel and Beverly Hills are two of these cities. And finally, does the City of Palm Desert use lerf-and-dust blowers ground the City Hall to maintain v. net. , nd tidy area appearance? Something to think about Sincerely, Charles F: Shelton 73-110 Grapevine