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HomeMy WebLinkAbout1989-12-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 14, 1989 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman S. Roy Wilson Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.1.0. Carlos L. Ortega, ACM/Director of Redevelopment Agency Ramon A. Diaz, ACM/Director of Community Development/Planning Richard Foikers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Paul Gibson. City Treasurer/Finance Director Pat Conlon, Director of Building & Safety Frank Allen. Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of November 9, 1989, and the Adjourned Meeting of November 16. 1989. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR1009, WR1013, WR1100, WR1105, WR1108. 8 WR1111. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Morry Desert Falls, Inc. for Desert Falls Country Club, 1111 Desert Falls Parkway, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Keith Rogers for Greta's, 74-894 Lennon Street, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Four Bishops Corporation for Tanpolo Japanese Country, 72-221 Highway 111, Ste. A9-13, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mille Fleurs Brassiere for Millie Fleurs Brassiere, 73-101 Highway 111, Palm Desert. Rec: Receive and file. G. RESOLUTION NO. 89-129 - A Resolution of the City Council of the City of Palm Desert, California, Amending Resolution No. 89-91 by Substituting One Authorized Position for Another Authorized Position. Rec: Waive further reading and adopt. H. RESOLUTION NO. 89-130 - 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 8 Safety That Have Been Microfilmed. Rec: Waive further reading and adopt. I. REQUEST FOR APPROVAL of Parcel Map 24794. Birtcher Dunham Properties. Applicant. Rec: Waive further reading and adopt Resolution No. 89-131, approving Parcel Map 24794. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 J. REQUEST FOR_ APPROVAL of Final Tract Map 24591. Alacano Enterprises. Applicant. Rec: Waive further reading and adopt Resolution No. 891132, approving Tract Map 24591. K. REQUEST FOR APPROVAL of Final Tract Map 22690-6, Temple Development Company, Applicant. - - Rec: Waive further reading and adopt Resolution No. 89-133, approving Tract Map 22690-6. L. REQUEST FOR APPROVAL of Final Tract Map 22528. Osborn Development Corp., Applicant. Rec: Waive further reading and adopt Resolution No. 89-134. approving Tract Map 22528. M. REQUEST FOR APPROVAL of Release of Subdivision Improvement Security for Tract Map 23485 (Formerly Tract 11636-5), Lewis Homes Management Corp., Applicant. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to reduce the amount of the subdivision improvement securities to ten percent of their values as maintenance security for a one-year maintenance period. N. REQUEST FOR APPROVAL of Refund of Demolition Bond. Rec: 0. LETTER OF Promotion Rec: By Minute Motion, approve the request and authorize the Director of Finance to refund $800.00 to Mike Cosgrove for a demolition bond paid on Miscellaneous Receipt No. 3904. RESIGNATION from Juan Casado From the Activities Committee. By Minute Motion, accept with sincere regrets. P. MINUTES of the El Paseo Business Association Meeting of October 5, 1989. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 * * * * * : * * Q. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-304, Assessment District 87-1 Street Improvements. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion with the County Recorder for Contract No. 00-304. R. REQUEST FOR SCHEDULING OF A PUBLIC HEARING To Consider the Redesignation of Hovley Lane. Rec: Waive further reading and adopt Resolution No. 89-135, setting a public hearing for January 11, 1990. S. REQUEST FOR APPROVAL OF 15TH YEAR AGREEMENT (NO. 00-401) FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. Rec: By Minute Motion, approve Agreement No. 00-401 with Riverside County Department of Economic and Community Development for expenditure of the 15th Year Community Development Block Grant Funds. T. CONSIDERATION OF A REOUEST FOR FUNDING BY THE DEPARTMENT OF COMMUNITY ACTION. COUNTY OF RIVERSIDE, FOR THE EMERGENCY COLD WEATHER SHELTER PROGRAM. Rec: By Minute Motion, refer to the Charitable Contributions Committee for recommendation. U. REQUEST FOR APPROVAL of City's Participation in CVAG-COD Economic Development Study. Rec: By Minute Motion, authorize the City's participation in the study and appropriate $3,950 from the Unobligated General Fund Reserve to cover the City's share of the study's cost. Councilman Kelly asked that Item J be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Mr. Altman asked that Item T also be removed for separate discussion. Upon motion by Snyder. second by Benson, the Consent Calendar, with the exception of Items J and T, was approved as presented by unanimous vote of the Council. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 • * . * • • ■ VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 583 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.40, SECTION 8.40.050, OF THE PALM DESERT MUNICIPAL CODE RELATING TO RECREATIONAL VEHICLES PARKED OR STORED ON PRIVATE PROPERTY. Mr. Allen showed the Council a video tape he had taken of several recreational vehicles parked in driveways. He said the amendment which was requested by Council stated that the Architectural Review Commission may grant exceptions to landscaping requirements upon determination by said Commission that landscaping is impossible to be accomplished. Councilman Kelly said he felt that, for all intents and purposes, the City's RV ordinance was worthless since the Architectural Review Commission would have the authority to grant variances. He asked if the Commission would really turn anyone down. Mayor Crites responded that the Commission could only grant the variance in cases where the applicant could not find either a side or rear yard in which to store the Rv or in cases where there is no way in the front yard for them to adequately screen it. Councilman Snyder stated he had started this because he had received many complaints about RV's parked in driveways. He said he felt the Council was to represent all the people and although he was not unhappy with people owning motor homes, he believed they could create a problem with the neighbors. Originally the ordinance did not allow RV's to be parked in the lots at all, but it was 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • modified to allow them to be parked in the side or back yards if they were landscaped in such a way that they were not seen. It was changed again to allow RV's to be parked in front yards if properly landscaped. Felt the ordinance must be enforced saying they cannot be parked in the front unless they are properly landscaped and unable to be viewed from the street. He said he did not think permission should be given to park huge motorhomes in front where they are unable to be camouflaged. Councilmember Benson said that when this change was made, the Council said the Architectural Review Commission should try it and if it became a burden the Council would look at it again. Councilman Snyder suggested that the City Manager be directed to discuss this matter with the Architectural Review Commission to advise the Council's philosophy in this matter as far granting these variances. Council concurred. Councilman Snyder moved to waive further reading and adopt Ordinance No. 583. Motion was seconded by Benson and carried by a 4-1 vote. with Councilman Kelly voting NO. IX. CONSENT ITEMS HELD OVER J. REQUEST FOR APPROVAL of Final Tract Map 24591, Alacano Enterprises, Applicant. Councilman Kelly stated that a letter had been received from the applicant requesting a variance from the drainage fees, and he felt this should be addressed. MR. JOHN HAYHOE, representing Alacano Enterprises, addressed the Council and stated he had submitted a letter earlier in the day (on file and of record in the City Clerk's Office). He offered to answer any questions. Councilman Kelly asked for staff's position. Mr. Folkers stated ltiat the philosophy of the drainage Program was that each site is intended to take care of its drainage. However, there is also a master drainage system which is paid for by the developers depending on the impact to the development. The reason there is a drainage fee is to take of water that is coming from other areas that would flow onto this property. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 Councilmember Benson said she remembered a similar situation where the Evangelical Free Church requested a waiver of fees. She said she thought they were not waived but that the church was allowed to come and pay them later. Mr. Altman stated that several requests had been received for drainage fee waivers but that the City had held firm. Councilman Wilson said the City's master drainage plan was based on a per acre payment throughout the entire area and if the fee is waived for one developer it starts distorting the entire fee structure. Mr. Hayhoe reviewed points made in his letter relative to the location of the storm drain on Hovley and the additional costs incurred due to not being able to use the City's drainage facilities. Mayor Crites stated that it appeared there were two issues involved: 1) The applicant's displeasure with the location of the master system and what it does and does not do for the applicant; and 2) Because water is retained on site, the drainage fee should be waived. He suggested that the applicant discuss with staff the location of the master drain; however, he understood that this was not an issue that impacted whether or not the drainage fees were to be paid. Upon question by Councilman Kelly, Mr. Erwin responded that the drainage fees were a condition of the tract, and approval of the tract would impose the fees. He said if the Council wished to do so, it could take separate action on the request for waiver of the fees. Councilman Snyder moved to waive further reading and adopt Resolution No. 89-132, approving Tract Map 24591. Motion was seconded by Kelly and carried by unanimous vote of the Council. T. CONSIDERATION OF A REQUEST FOR FUNDING by the Department of Community Action, County of Riverside, for the Emergency Cold Weather Shelter Program. Mr. Altman stated that instead of referring this matter to the Charitable Contributions Committee, staff was recommending that the Council, by 4/5ths vote, take action now, especially in view of the cold weather. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 • • • • • • • • • • • • a • • • • a • • • • a • Mayor Crites added that members of the Charitable Contributions Committee had discussed this matter and were in favor of the funding. Councilman Snyder moved to add this item on the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote of the Council. Mr. Altman reviewed the memorandum from the Finance Director recommending the appropriation of $3,780 from the unobligated general reserve for this program. Councilman Snyder moved to, by Minute Motion, appropriate $3.780 from the unobligated general reserve for the Emergency Cold Weather Shelter Program. Motion was seconded by Benson and carried by unanimous vote of the Council. X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF A ZONING ORDINANCE VIOLATION, EARL HORENSTEIN, PRESIDENT OF THE CLOTHES HORSE, INC., APPELLANT. Mr. Frank Al len reviewed the staff report and recommendation, noting that the surrey located on the roof patio walkway and the rickshaw bicycle in front of the store were both a violation of City Code. He added that a similar situation had occurred several years ago when the business was in a different location on El Paseo. He recommended the Council direct that the surrey be removed from the roof and that the rickshaw bicycle be stored where it is not viewed as an advertising display. MR. EARL HORENSTEIN, President of The Clothes Horse, Inc., addressed the Council and stated that the surrey he had at the previous location was technically on the roof. He said there was no sign that identified the name of the shop. He said he felt it was a sculpture and that an artist had identified it as such. He disagreed with the staff report and said they had never used any hostile signs when they employed a flatbed truck and a three-piece combo to go to City Hall and play, as a joke, the song "The Surrev with the Fringe on Top". He said they had also never marched up and down the streets but had merely followed the flatbed truck the one and a half blocks from City Hall to the back end of the store where the surrey was being stored. He said in this situation, the surrey is actually on the second deck, not on the roof, and there is no sign that identifies the busin s. He closed his 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 remarks by stating that all in all, they were trying to enhance the beauty of Palm Desert and that they had received awards every year for the past 15 years for beautifying Palm Desert. He said he was the first merchant to keep the lights on at night to invite people who were dining to window shop. He said everything was done with one thing in mind --understated good taste. Councilman Kelly stated that although he personally loved surreys and antiques, it was important for the Council to remain consistent in its decisions regarding matters such as this. Mr. Horenstein asked that the Council actually go by and take a look at the business before voting on this issue. Councilman Wilson stated that he would favor continuing this matter for two weeks. He said he would like the opportunity to drive by and see whether it is objectionable or not. He said a little flexibility was needed, and if there is something that enhances the character of a location, the Council should at least consider the merits before making a decision. Councilman Snyder said he would also recommend a continuance for two reasons: 1) To look into this matter more thoroughly; and 2) To submit it to the El Paseo Merchants Association for consideration and recommendation. Councilman Wilson moved to, by Minute Motion, continue this matter to the meeting of January 11, 1990, and instruct staff to submit it to the El Paseo Merchants Association for comment. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REvIEW COMMISSION DECISION APPROVING A BUSINESS SIGN FOR SCISSORS FOR MEN, SPECIFICALLY AS IT RELATES TO THE CONDITION REQUIRING IVORY COLORED BACKGROUND. Mr. Diaz reviewed the staff report, noting that the issue involved was the background color of the sign being requested. He stated that the Architectural Review Commission reviewed the request and felt that, in order to ensure compatibility of the signage in the area. the background should be ivory rather than white. He said staff recommended that the Council affirm the decision of the Architectural Review Commission and approve the ivory background. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 • • • it • • • • • • • • • • • • • • • • • • • • • MR. ALLAN CONNOR, Imperial Sign Company, spoke on behalf of the appellant and asked when white had become offensive as a background color for signage. Mayor Crites responded that it was not that white had become an offensive background color but that the recent revisions to the sign ordinance made it a high priority that signs be compatible with both adjacent signs and with building color. Upon question by Councilman Wilson, Mr. Connor responded that a larger sign was not being requested. He said it was a 1 i tt l e taller but that the square footage was no more. Councilman Wilson stated that she had the option to keep the sign she currently has if she wants the white background. MR. SANDY BAUM, 45-800 Deep Canyon, addressed Council and stated that there seemed to be chaos in signage on Highway 111 as well as on El Paseo because it was only very recently that so much concern had been shown for signs, signage, lighting. color, etc. He said he did not know if changing one sign on one building was the way to bring order out of this chaos and actually added to the clutter. Councilman Wilson said he felt the chaos was not acceptable in the past, and that was the reason for the revisions in the sign ordinance. He moved to, by Minute Motion, uphold the decision of the Architectural Review Commission and deny the appeal. Motion was seconded by Benson and carried by unanimous vote of the Council. C. INFORMATIONAL ITEMS: 1. Post Office Access Situation. Mr. Ortega reviewed the memorandum in the packets and offered to answer any questions. Mr. Seyed Safavian, Traffic Engineer, said he was expecting to hear from the Post Office by the end of the month relative to alternatives for parking. 2. Palmer CableVision Update. Mr. Ortega reviewed the report relative to complaints received by the City. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! XI. CONTINUED BUSINESS A. CONSIDERATION OF THE PERMITTING OF OUTSIDE SEATING FOR BUSINESSES. (Continued from the Meeting of October 26, 1989.) Mr. Altman stated that this had been referred to the El Paseo Merchants Association. He recommended that the item be tabled until comments are received from that group. Councilman Wilson moved to TABLE this matter until comments are received from the El Paseo Merchants Association. Motion was seconded by Snyder and carried by unanimous vote of the Council. XII. OLD BUSINESS A. STATUS REPORT ON ACTIVITIES ON FAIRWAY DRIVE IN RECENT MONTHS. Mr. Folkers stated that one of the representatives of the citizens group working with the City had prepared a video tape to be shown to Council. MR. DICK MILLER showed a 15-minute video of random shots taken over the last six months of traffic on Fairway Drive. He stated he was in favor of measures that would reduce traffic on Fairway. Mr. Seyed Safavian, Traffic Engineer, reviewed the staff report and statistics, noting that it was based on traffic volume, particular conditions, truck traffic, accidents, and enforcement. The following people spoke in favor of any street modifications or traffic control that would significantly decrease the volume of traffic and its associated noise: MR. JIM DANGLER, residing at the intersection of Fairway Drive and Deep Canyon. MR. ED CLARK. MS. DEBRA FREELING, Old Prospector. MR. RICHARD SMITH, 74-920 Fairway Drive. MR. DOUG WALKER, 74-310 Fairway Drive. MS. ANNE WALKER, 74-310 Fairway Drive. MR. DAN QUINLAN, 74-280 Old Prospector, also questioned whether or not Councilman Kelly would abstain from voting on this since he is a resident of the street. MR. JIM GIBSON, 74-860 Fairway Drive. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 • • ■ • • • • • • • • • • • • • • • • • • • • • • Council Comments/Questions: Kelly: Said he abstained from voting last time even though the City Attorney had said that he was not 'required to do so. Felt putting a one-way blockage between Toro Peak and Coronado would reduce the traffic by at least 60%, and it would probably also discourage people from coming back the other direction. Also, rather than go with speed bumps or more stop signs, felt it would be safer if the Council put the striping back the way it was. Wilson: Questioned how the one-way blockage between Toro Peak and Coronado would solve the problem of people going from Portola down to Deep Canyon to Highway 111. Felt it would take the traffic off one section of Fairway but would not solve the problem between Portola and Deep Canyon. Kelly responded that 607% of the traffic comes from Cook to Portola. The one-way blockage would immediately eliminate that 60%. Benson: Questioned changing the bicycle lane on Fairway Drive to a Grade 3 bicycle lane. Mr. Folkers responded that at this time it is a Class 2 bicycle lane, meaning there are signs and striping. It is possible to remove the striping and still leave the signs indicating it is a bike route, but there would not be a formal designation as far as striping. Wilson: Said from the video tape that the north side did not seem to be working well with the bike lane. Asked if it was possible to go back to the old striping but put striped bike lanes on both sides and allow parking in the bike lanes. Mr. Folkers responded that there was not enough width and that was why parking was removed on one side to allow bike lanes. Said it would be a violation of the California Vehicle Code. Wilson: Two choices before Council: 1) Go with staff's recommendation of attempting to do additional signage removing all commercial vehicles, etc.. or 2) Make portions of the road one way as suggested by Kelly. Did not think any major changes should be made unless a public hearing was held to allow those affected to participate in the decision. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 • • • • • • • • • • • • • • • • * • • • • • Snyder: Said the Council had tried very hard to find a solution to this problem. Felt what was currently there was totally inadequate and that a public hearing should be held to give everyone an opportunity to be heard. Kelly: Would be appropriate to have a public hearing if a one-way blockage were done at Toro Peak, but stop signs are put up every day without public hearings and many times they are put up by staff without Council even dealing with them. Crites: Has consistently voted against stop signs. Does not like the one put in on El Paseo or the one on Portola and does not like the light on Country Club. The use of stop signs as a traffic control on this street is equally appropriate. Councilman Wilson moved to, by Minute Motion: 1) Put signaqe on the street precluding the use of Fairway Drive by any through commercial vehicles; 2) Lower the speed limit to 25 mph; 3) Put stop signs on Fairway Drive at Black Rabbit, Panorama. and Toro Peak in addition to the ones that are there. He said the intent was to continue the patrol by the Sheriff Department even though radar could not be used. Councilman Snyder seconded the motion, amended to return the striping to the way it was and designate the street as a Class 3 bike path. Councilman Wilson agreed to the amendment. Councilman Kelly stated he had spoken with a councilmember from Santa Monica who had spent a year getting a law put into the Vehicle Code whereby a city may reduce the speed on a residential street to 25 mph and still use radar. He said this was in the Vehicle Code at this time. Mayor Crites asked that staff look into this matter and report back to Council. Mayor Crites called for the vote. Motion carried by a 4-0-1 vote of the Council, with Kelly ABSTAINING. Mayor Crites recessed at 6:40 p.m. for dinner. He reconvened the meeting at 7:10 p.m. B. REQUEST FOR APPROVAL OF 1990 PUBLIC ART PLAN. Ms. Diane Funk, Chairperson of the Public Art Subcommittee, reviewed that group's report and recommendations. She noted that these recommendations 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 * • • • • • * • * • • * * * * • • • • • • • * * • were the result of two months of meetings and very serious consideration. Councilman Snyder complimented the Subcommittee.on doing such a great job, and Councilmembers Kelly and Wilson echoed those comments. Mayor Crites questioned the inclusion of the Silver Sands Park inasmuch as it may not be available. He asked Ms. Funk if the Committee would be willing to consider an alternative. She responded that she could not agree to an alternate without taking it back to the Subcommittee. Councilman Kelly moved to, by Minute Motion, approve the plan and direct staff to begin implementation, with the understanding that #4, Silver Sands Park, will be reconsidered if it is not available. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. REQUEST FOR INTERPRETATION OF PLANNED COMMERCIAL DEVELOPMENT REGULATIONS FOR THE BIGHORN PROJECT (PREVIOUSLY KNOWN AS BELLA VISTA AND SUN CREEK). Mr. Diaz reviewed the staff report. He noted that Area #10 was designated as a hotel site when the project was approved for Bella Vista. He stated that Westinghouse was proposing single family dwelling units for this site. MR. DAVID GRAHAM, Westinghouse, addressed the Council and stated that the tentative tract would be before the Planning Commission in approximately 15 days and that is plan was definitely a reduction in density. Mayor Crites noted that he had had an opportunity to visit the site and was pleased to see that the developer was being particularly sensitive to the environment in the City. He extended his compliments, and Councilman Wilson agreed. Councilman Wilson moved to, by Minute Motion, interpret the P.C.D. regulations to allow detached single-family housing in Planning Area 10 (Hotel) on the land use plan. Motion was seconded by Snyder and carried by unanimous vote of the Council. . D. REQUEST FOR APPROVAL OF SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE. Mr. John Wohlmuth, Environmental Conservation Manager, reviewed the staff report and recommendation. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 • • • • • a • • • • • • • • * • • * • • • • • * • Councilman Kelly said he was familiar with the contract, had been working on it with John Wohlmuth, and felt there were no problems. In fact, he felt it was an excellent agreement. Councilman Wilson noted that this agreement had been distributed to members of the Council just before the meeting, and he did not feel he could act on it without having an opportunity to read it through. Councilman Snyder agreed, as did Councilmember Benson. Councilmember Benson moved to continue this matter to the meeting of January 11, 1990. Councilman Snyder seconded the motion. Councilman Wilson at this point stated his ongoing concern that this contract was not opened for other companies to bid on. He asked if it would be appropriate to amend the motion to direct staff to explore with the other companies to see what services they could provide. Councilman Wilson offered this as an amendment to the motion. Councilmember Benson accepted it, as did the maker of the second, Councilman Snyder. Motion carried by a 4-1 vote, with Councilman Kelly voting NO. Councilman Wilson said that he would feel much better voting for the agreement if he had some basis of comparison that the City was getting the best deal it could for its constituents. He said he would accept a staff report which proved to him that we were in fact getting the best service we could get. Councilman Snyder agreed that the Council owed it to the residents of Palm Desert. He said he was not unhapov at all with the services being provided by Waste Management of the Desert but did not feel comfortable without some basis for comparison. XIiI. REPORTS AND REMARKS A. CITY MANAGER . 1. Ahmanson Proiect Mr. Altman noted that the two ordinances dealing with the Ahmanson project had not been included on the Agenda for second reading and asked that the City Council, by 4/5ths vote, add them to the Agenda. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 . . . . . . * . . . * . . . . . . . . . . . . . . Councilman Snyder so moved. Motion was seconded by Benson and carried by unanimous vote of the Council. Upon motion by Snyder, second by Wilson, Ordinance No. 590 was adopted by a 4-1 vote, with Mayor Crites voting NO. Upon motion by Wilson, second by Benson, Ordinance No. 591 was adopted by unanimous vote of the Council. 8. CITY ATTORNEY Mr. Erwin stated a need to have a Closed Session with both the Council and Redevelopment Agency Board at the close of this meeting. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Council considered Old Business Items B, C, and D and Reports 8 Remarks after the dinner recess. XVI. ORAL COMMUNICATIONS - C Mayor Crites stated he understood there were citizens present who wished to address Council relative to Palmer Cablevision and the prospective rate increase. He asked Councilman Wilson to brief the Council and audience on what the City has attempted to do, what is allowed by law, etc. Councilman Wilson stated that in 1984 the Federal government Passed the Cable Communication Act which allowed cable companies to deregulate or get out from under control of local government that had, until that time, the right to review and regulate the rates charged. He said the Act stated that wherever a cable company existed with reasonable competition, 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 * • . r * * * . s * * * * * * . * * * s . . * s r they could declare themselves deregulated. Effective competition was defined as being three or more signals over the air waves so people had the choice of taking their television off an antenna or from a cable company. He said the Palmer deregulated themselves, but the City did not feel they were entitled to deregulation because there are only two televisions stations in the Valley, not three. The City filed with the Federal Communication Commission which ruled that Palmer was able to deregulate. He said what helped convince the FCC was the fact that Palmer put a small low -powered television translator on the Santa Rosa Mountain and relayed in Channel 55. which is Channel 2 out of Los Angeles. He said some people can get this channel but that he had never been able to do so; however, because of this third channel, the FCC was convinced and ruled that Palm Desert could not regulate the rates or service. The City subsequently appealed the ruling, and that appeal is currently before the FCC. He said the City st i l l feels Palmer Cablevision is an unregulated monopoly that needs regulation. He added that because of this situation, legislation was being proposed to put regulations back on cable companies, and there were efforts to allow telephone companies to become carriers of cable service. He said some people wanted to know why the City could not just get rid of Paimer and bring in another company, and the reason was that Paimer already had its lines underground into every home. Another company would either have to purchase the system or put in cable to every home in the City, which would be very expensive. An alternative would be to go through the telephone lines which are also into every home. If the FCC were to rule that this was allowed, it would mean effective competition that would do away with this unregulated monopoly. Mayor Crites stated that the City had spent over $100,000 in fighting this issue and had taken its best shot and gotten a lot of frustration in the process. He invited comments from the audience. MR. MURRAY MEGALOFF, Chaparral Country Club, asked if there was something the Council could do to keep this monopoly from implementing the January 1990 increase. He asked whether the City Attorney could ask for a restraining order to prevent this increase. He said Palmer claimed it needed more and more money but was not providing any better service. Mr. Erwin responded that he was extremely reluctant to suggest that the City Council even consider this action with the state of the current law. He said such action would be an attempt to 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • regulate the rates through the court system. He said any such attempt would meet with a great deal of resistance, probably no success, and may result in claims against the City for attempted abuse of process. MR. BEN WATSON, 73-280 Santa Rosa, said cable television was getting to be very unaffordable for the average people. He added that he would get his own dish. MR. CAL POOL, 4265 Vanadium, Portola Country Club, said his complaint was not the cost but rather the quality of the Picture. MS. JANET LANE, Portola Palms, said the only way she got any response from Palmer was when she called the City. The citizens have to pay, yet Palmer does not give any better service and keeps increasing the rates. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RECOGNITION OF THE LATE REV. DARYL BJERKE AS THE NEWEST NAME ON THE CITY'S FOUNDERS' PLAQUE. Mayor Crites stated that the Reverend Daryl Bjerke's name had been added as the newest on the City's Founders' Plaque. In addition, he presented a plaque from the City Council to the Reverend's family. B. PRESENTATION OF PLAQUE EXPRESSING THE CITY'S APPRECIATION TO PATRICIA WILSON FOR HER EFFORTS AS CHAIRPERSON OF THE GOLF CART PARADE. Mayor Crites presented a plaque to Mrs. Wilson and thanked her on behalf of the entire City Council for all of her hard work. C. PRESENTATION OF PLAQUE TO JAMES LOPEZ FOR HIS YEARS OF SERVICE, INCLUDING CHAIRMANSHIP, ON THE ACTIVITIES PROMOTION COMMITTEE. Mayor Crites presented a plaque of appreciation to Mr. Lopez for his service on the Activities Promotion Committee from March, 1984. to November, 1989, and said he was truly a friend of the City. 18 MINUTES REGULAR PALM OESERT CITY COUNCIL MEETING DECEMBER 14, 1989 * * * * * * * * * i * ! * * * * * * * * * * * * * D. PRESENTATION OF PLAQUE TO JUAN CASADO FOR HIS YEARS OF SERVICE ON THE ACTIVITIES PROMOTION COMMITTEE. Mayor Crites thanked Mr. Casado for his service on the Activities Promotion Committee from October, 1987, through November, 1989, and presented him with a plaque of appreciation. E. PRESENTATION OF AWARD TO MS. ANGELA BENNETT, PALM DESERT CHAMBER OF COMMERCE. Mayor Crites presented a plaque to Ms. Bennett in recognition of her contributions to the Palm Desert Chamber of Commerce and to the City of Palm Desert. He wished her success and good fortune in her new endeavors. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM R-2 SINGLE FAMILY DISTRICT (R-2 (7)) TO OFFICE PROFESSIONAL ON THE SOUTH SIDE OF FRED WARING DRIVE BETWEEN MONTEREY AVENUE AND SAN ANSELMO AVENUE, INCLUDING AMENDMENT TO THE PALMA VILLAGE SPECIFIC PLAN. (Continued from the Meeting of October 26, 1989.) Ms. Catherine Sass, Associate Planner, reviewed the staff report, noting that Council had continued this item from October 26th in order to review the results of the survey conducted by staff relative to residing adjacent to office professional. She offered to answer any questions. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. HARRY DEUTSCH, 73-141 Fred Waring Drive, stated that he was in favor of this project and felt it was a good idea to have office professional in this area. He said he wanted to get away from the high density, traffic, dust, etc. MR. BEN WATSON, 73-280 Santa Rosa, said no one had surveyed him or his neighbors. He said he would like to see the back side of Santa Rosa made a parking area with a green belt. MS. HASIA LEV, addressed the Council and stated original plans were to put a 24,000 square foot office complex on the corner of Fred Waring and San Pablo but could not put it together financially and, therefore, had to sell the 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 . . * * * * * * * * * * * * * * * * . * . * . * . property and purchased two parcels on Fred Waring between Monterey and San Anselmo. She spoke in favor of the project. MR. CHRIS MILLS, 121 South Palm Canyon, Palm Springs, spoke as the architect for Dr. and Mrs. Lev. He spoke in favor of the project. He said in his opinion the ordinance in effect for office professional use did everything possible to protect the neighbors on the south side. With no further testimony offered, Mayor Crites declared the public hearing closed and asked staff why some people were surveyed and others not. Ms. Sass responded that the homes on the east side of San Anselmo were not surveyed because they were not actually part of the zone change before the Council at this time. She said the housing situation was different on the east side of San Anselmo compared to the west. She said she felt it should be studied separately. Councilman Kelly asked how staff was assured that owners and not renters were surveyed. Mr. Diaz responded that the survey did not ask whether the person was a renter or owner. He said staff was interested in talking with the people who were there and thus were affected by the action that would be taken. He said although for the most part most of the respondents indicated they were owners, it was not specifically asked on the survey. Councilman Wilson moved to approve the findings and: 1) Waive further reading and adopt Resolution No. 89-128, approving Palma Village Specific Plan Amendment No. 1; and 2) Waive further reading and pass Ordinance No. 593 to second reading, approving a negative declaration of environmental impact and change of zone (C/Z 89-11). Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF A MASSAGE PERMIT, DAVID FIRESTONE, APPLICANT. Mr. Allen reviewed the staff report and recommendation. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. With no testimony offered, he declared the public hearing closed. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson moved to, by Minute Motion, approve the request and authorize the Director of Code Compliance to issue said permit. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF LOT ABATEMENT COSTS AND PLACEMENT OF LIEN ON PROPERTY - PARCEL NO. 627-021-041-3. Mr. Allen reviewed the staff report and recommendation, noting that the property owner had refused to abate the public nuisance. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilman Snyder moved to, by Minute Motion, place a lien on the subject property for the abatement of a public nuisance. Motion was seconded by Benson and carried by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF 1989 GENERAL PLAN HOUSING ELEMENT. Mr. Phil Drell, Senior Planner, reviewed the housing element, noting that it had received extensive review by the State Department of Housing and Community Development. Councilman Snyder complimented staff on this report. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. With no testimony offered, he declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Resolution No. 89-137, approving GPA 89-6, the Housing Element to the General Plan. Motion was seconded by Benson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 14, 1989 XX. ADJOURNMENT Councilman Snyder moved to adjourn to Closed Session at 8:55 P.M. pursuant to Government Code Section 54956.8, Real •Property Transactions (One Quail Place) and 54956.9 (a), Pending Litigation (Indian Springs Trust vs. City of Palm Desert) and (b), Potential Litigation, and Personnel; 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 Crites reconvened the meeting at 9:50 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GkLLIGA CITY CLERK CITY OF PALM DESCALIFORNIA . CRITES, MAYOR 22