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HomeMy WebLinkAbout1989-09-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 14, 1989 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, ACM/RDA Executive Director Mary P. Frazier, Deputy City Clerk Paul S. Gibson, Finance Director/City Treasurer Phil Drell, Associate Planner Paul Shillcock, ACM/Director of Economic Development Richard S. Folkers, ACM/Director of Public Works V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 24, 1989. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0709, WR0806, and WR0809. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Members of Ironwood for Ironwood Country Club, 48-870 Portola Avenue, Palm Desert. Rec: Receive and file. D. CLAIM AGAINST THE CITY by Lonny Magsam in an Unspecified Amount for Damages Resulting in Collision with City Vehicle (Claim No. 119). Rec: By Minute Motion, authorize the Claims Review Committee to negotiate a settlement with Claimant in an amount not to exceed $500.00, contingent upon full release of liability. E. RESOLUTION NO. 89-105 - 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 the City Manager that have been Microfilmed. Rec: Waive further reading and adopt. F. RESOLUTION NO. 89-106 - 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 (July, 1989). Rec: Waive further reading and adopt. G. RESOLUTION NO. 89-107 - 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 (August, 1989). Rec: Waive further reading and adopt. H. MINUTES of the El Paseo Business Association Special Meeting of July 21, 1989. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • I. REQUEST FOR VACATION of a Public Utility Easement within Lot 33 of Shadow Mountain Park Estates Unit No. 1 (Germain Development Co., Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 89-108 setting a public hearing to consider the vacation request. J. REQUEST FOR APPROVAL of Final Tract Map 22283 (Mr. Lowell Wooden, Applicant). Rec: Waive further reading and adopt Resolution No. 89-109 approving Tract Map 22283. K. REQUEST FOR APPROVAL of Final Tract Map 19503-1 (Mr. George Fox, Applicant). Rec: Waive further reading and adopt Resolution No. 89-110 approving Tract Map 19503-1. L. REQUEST FOR APPROVAL of Final Tract Map 20024 (Southwest Partners, Applicant). Rec: Waive further reading and adopt Resolution No. 89-111 approving Tract Map 20024. M. REQUEST FOR APPROVAL of Final Tract Map 23681 (Chazen Development, Applicant). Rec: Waive further reading and adopt Resolution No. 89-112 approving Tract Map 23681. N. REQUEST FOR APPROVAL of Final Tract Map Nos. 23904-1 Through 23904-4 (Marriott Ownership Resorts, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 89-113 approving Tract Map Nos. 23904-1, 23904- 2, 23904-3, and 23904-4. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 . . . . . . . . . . . . . . * . . . . . . . . . . 0. REQUEST FOR APPROVAL of Amendment to Agreement for Law Enforcement Services Between the County of Riverside and the City of Palm Desert (Contract No. 00-197-1). Rec: By Minute Motion, authorize the Mayor to execute the Amendment for Law Enforcement Services with the County of Riverside. P. REQUEST FOR APPROVAL of Change Order No. 8 to Contract No. 00-304, Massey Sand & Rock Company, for Sidewalk Between Rancho Grande and Monterey Avenue. Q. Rec: By Minute Motion, approve Change Order No. 8 to Contract No. 00-304 in the amount of $14,043.00. REQUEST FOR APPROVAL of Desert Sands Unified School District Hold Harmless Agreement for School Impact Fees. Rec: By Minute Motion, authorize the Mayor to execute the Hold Harmless Agreement approved by the Desert Sands Unified School District Board of Education. R. REQUEST FOR APPROPRIATION of Funds for Recycling Program. Rec: By Minute Motion, authorize the appropriation of $9,234.26 from the unallocated general fund budget reserve to the Recycling Program. S. CONSIDERATION OF APPEAL of Planning Commission Decision Denying a Request for a Second, One -Year Time Extension of a Precise Plan of Design for a 1 7, 500 Square Foot Furniture Showroom at the West End of Palm Desert Next to RB Furniture (Laurel Development Company/Marvin Gibson, Applicant). Rec: By Minute Motion, approve a one-year time extension. T. REQUEST FOR APPROVAL of Personnel Classification Change. Rec: Waive further reading and adopt Resolution No. 89-114. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 * * * * • * • * • * • • • • * * • a • * • * * • • U. REQUEST FOR AWARD OF CONTRACT for 1989 Fleet Purchases (Contract Nos. 00-376 and 00-377). Rec: By Minute Motion: 1) Award the contract to Tom Bell Chevrolet for the purchase of one 1990 cargo van (#00-376), one 1990 pick-up truck (#00- 376), one 1990 one -ton utility flatbed (#00-377), and one 1990 one -ton utility flatbed dump truck (400-377) in the amounts as indicated in the staff report; 2) Authorize staff to negotiate and purchase two 1989 in -stock pick-up trucks in an amount not to exceed $12,000 per truck, and make a finding pursuant to Palm Desert Municipal Code Section 3.32.090 exempting the formal bid procedures; and 3) Appropriate an additional $7,303 from the unallocated general fund balance to Account No. 110-4331-4045. V. REQUEST FOR APPROVAL of Change Order No. 6 to Contract No. 00-304, Massey Sand 8 Rock Company, for Assessment District No. 87-1. Rec: By Minute Motion: 1) Approve Change Order No. 6 in the amount of $46,499.04, for drainage modifications to Assessment District No. 87-1; and 2) Authorize the appropriation of $46,499.04 to the project budget from the unallocated drainage fund budget reserves. Mayor Wilson asked that Item S be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Mr. Altman asked that Item K also be removed. Upon motion by Crites, second by Snyder, the Consent Calendar, with the exception of Items K and S, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. JIM BROCKMAN, Western Waste, asked that he be allowed to speak when the Council considered Item A of New Business. VII. RESOLUTIONS None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • VII1. ORDINANCES For Introduction: A. ORDINANCE NO. 577 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 1.12 OF THE CODE OF THE CITY OF PALM DESERT PERTAINING TO GENERAL PENALTIES. Mr. Wayne Ramsey, Code Compliance Officer, reviewed the staff report, noting that this was referred to as the "Wobbler Ordinance" and would allow the courts and/or City Attorney to change misdemeanors into infractions and thus eliminate some of the problems related to misdemeanor charges. Councilman Kelly moved to waive further reading and pass Ordinance No. 577 to second reading. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. ORDINANCE NO. 582 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE ANIMAL CONTROL CONTRACT AND ADOPTING ORDINANCE NO. 630.1 AND RESOLUTION NO. 89-148 OF THE COUNTY OF RIVERSIDE, AS AMENDED, RELATING TO TRAPPING OF CATS AND FEES FOR CAT TRAPS. Mr. Ramsey reviewed the staff report and offered to answer any questions. Councilman Snyder moved to waive further reading and pass Ordinance No. 582 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. C. ORDINANCE NO. 583 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 8.40.050(A), (C-1), AND (C-2) OF THE PALM DESERT MUNICIPAL CODE RELATING TO RECREATIONAL VEHICLES ON PRIVATE PROPERTY. Mr. Ramsey reviewed the staff report, noting that this amendment would allow recreational vehicles to be parked in driveways if there was not sufficient side or rear yard space as long as there was no line -of -sight obstruction. Councilmember Benson moved to waive further reading and pass Ordinance No. 583 to second reading. Motion was seconded by Kelly. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • * • • * • • • • • • • • • • Councilman Crites stated that at one time there was a committee formed to look at the issue of recreational vehicle parking, and he suggested soliciting their opinions of this ordinance. Mr. Altman suggested that this matter be continued to the next meeting. Councilmember Benson withdrew her motion, and Kelly withdrew his second. Councilman Crites moved to continue this matter to the meeting of September 28, 1989. Motion was seconded by Snyder and carried by unanimous vote of the Council. D. ORDINANCE NO. 584 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 5.94, MOTION PICTURE AND TELEVISION PRODUCTION, TO THE PALM DESERT MUNICIPAL CODE. Mr. Shillcock reviewed the staff report, noting that in January, 1989, the State mandated that all cities adopt an ordinance regarding the process for granting filming permits. He added that the California Film Commission had also been established by the same law. Councilman Kelly moved to waive further reading and pass Ordinance No. 584 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 580 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO LOWER INCOME RENTAL CONTROL FOR A 13 UNIT SENIOR CITIZEN APARTMENT PROJECT LOCATED AT THE SOUTHEAST CORNER OF CATALINA WAY AND SAN CARLOS AVENUE (CASE NO. DA 89-1, CABLE 8 RYLEE). Mr. Altman stated that no changes had been made since introduction of this ordinance, and he recommended its adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 580. Motion was seconded by Snyder and carried by unanimous vote of the Council. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • IX. CONSENT ITEMS HELD OVER K. REQUEST FOR APPROVAL of Final Tract Map 19503-1 (Mr. George Fox, Applicant). Mr. Altman stated that the applicant had requested this item be withdrawn from Council's consideration at this time. No Council action was taken on this matter. S. CONSIDERATION OF APPEAL of Planning Commission Decision Denying a Request for a Second, One -Year Time Extension of a Precise Plan of Design for a 17,500 Square Foot Furniture Showroom at the West End of Palm Desert Next to RB Furniture (Laurel Development Company/Marvin Gibson, Applicant). Mr. Drell reviewed the staff report, noting that nothing in the project had been changed since the original approval that would cause staff to change its recommendation. He said the Planning Commission had rejected the request as a general policy decision not to approve more than one such time extension for any project. After Council discussion relative to the changes to Highway 111 and traffic circulation since the original approval of this project, Councilman Crites moved to continue this matter to the meeting of September 28, 1989, to allow staff an opportunity to review the current conditions to see if any additional items need to be included. Motion was seconded by Kelly. Mayor Wilson asked the applicant whether there were any objections to a continuance. MR. MARV GIBSON, 77-670 Calle Las Brisas North, Palm Desert, stated that he would have no objections to a continuance of this matter for two weeks. Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council. X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF NEGOTIATIONS WITH WASTE MANAGEMENT OF THE DESERT FOR FRANCHISE EXTENSION AND RECYCLING. Mr. John Wohlmuth, Environmental Conservation Manager, reviewed the staff report. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • a • • • • Upon question by Councilmember Benson, Mr. Wohlmuth responded that the way the agreement was worded, there would not be a cost of living increase until November, 1990. Councilman Crites questioned future increases in fees and what those increases would be based upon. Mr. Wohlmuth stated that it was staff's recommendation that the increases be based on the Consumer Price Index. Mayor Wilson stated that in the poll done by Waste Management, many citizens had indicated they wished to see more plastic recycling, and he asked whether that was a possibility. Mr. Wohlmuth responded that some plastics were being recycled at this time but that recycling of all plastics would be looked at as a future goal. Upon question by Councilmember Benson relative to rebates, a matter discussed when the pilot program was implemented, Mr. Wohlmuth stated that this could be included in the franchise agreement so that in the event recycling becomes self-sufficient, the City would receive a certain percentage of the receivables over and above operating costs. MR. JIM BROCKMAN, Western Waste, asked that the Council allow his firm to participate and show what it could offer to the City. Councilman Kelly expressed concern and said he felt one of the worst possible things to do in the middle of a recycling program would be to change companies. He said the citizens were satisfied, the price was right, and it was a successful program. Councilman Crites agreed with Kelly that this was an excellent program, with among the lowest rates in the Valley and the highest acceptance among the citizens. If that were not the case, he would agree that alternatives needed to be looked into. He said he felt the Council had an obligation to its citizens to pursue a program which works and is cost effective. Councilmember Benson said she agreed with Crites and Kelly regarding the recycling part of the program. However, as far as the franchise, she felt a responsibility toward Western Waste because they had been advised that they would have an opportunity to bid when it came time for the franchise to be renewed. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Wilson said that if the current franchise date was altered, no one else would have the opportunity to bid on the franchise in 1991. He added that the proposal was not just to negotiate the recycling program but was also an extension of the current franchise. Councilman Kelly moved to, by Minute Motion, authorize staff to proceed to negotiate with Waste Management of the Desert for a five-year franchise extension beginning November 1, 1989, Including a five-year option as of November 1994, no 1989 cost increase for refuse services, and inclusion of all recycling operations at no separate cost in the franchise agreement. Motion was seconded by Crites. vote, Mayor Wilson stated that he would vote NO on this motion because he felt the Council had an obligation to its citizens to explore all alternatives before making any decision to extend the franchise agreement. Mayor Wilson called for the vote. The motion carried by a 3-2 with Councilmember Benson and Mayor Wilson voting NO. B. INFORMATIONAL ITEMS: 1. UPDATE ON PALMER CABLEVISION. XI. CONTINUED BUSINESS A. REQUEST FOR AWARD OF CONTRACT NO. 00-369, Highway 74 Frontage Road Beautification Program (Continued from Meeting of August 24, 1989). Mr. Folkers reviewed the staff report, noting that staff was directed at the August 24th Council meeting to discuss the references with the lowest bidder, Empire Landscape, Inc . , and allow them the opportunity to respond to the negative references. He stated there was also included in the Agenda packets a letter from the City Attorney as well as one from Mr. Arnold Mazon of Empire Landscape indicating they still wished to do the job. MR. ARNOLD MAZON, Vice President of Empire Landscape, addressed the Council and offered an explanation of the negative references received regarding his firm. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites moved to, by Minute Motion: 1) Reject the lowest bidder, Empire Landscape, Inc., and authorize the Mayor to enter into an agreement with the lowest responsible bidder, Westscape Development, Inc., in the amount of $252,695, and authorize a ten percent contingency in the amount of $25,269.50; and 2) Authorize the appropriation of $165,000 from the unallocated street budget reserve to the project budget. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. CONSIDERATION OF THE APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF A 5,770 SQUARE FOOT OFFICE BUILDING ON THE SOUTHEAST CORNER OF FRED WARING DRIVE AND SAN ANSELMO AVENUE CASE NO. PP89-10, CHAZAN CONSTRUCTION (Continued from the Meeting of August 24, 1989). Ms. Catherine Sass, Associate Planner, reviewed the staff report, noting that this matter had been continued several times because of the debate between the property owners regarding reciprocal access. She said Plan B was preferred but would require a reciprocal access agreement that could not be arranged at this time. Therefore, staff's recommendation was that the Council approve the original building, and the Fred Waring Drive entry could be modified at a later date when the adjacent property owner is ready to develop. After Council discussion relative to the driveway into the project and reciprocal access, Mayor Wilson asked for input from the developer. MR. PAUL HENRY, Architect for the project, stated that the developer was willing to go with either plan, but the concern with Plan B was that they would not be able to build on the adjacent property. Mr. Phil Drell stated that the developer was willing to bear the entire cost of putting in a full driveway and would allow the other owner to break through on the rear of the property when he develops to get access to that driveway. Ms. Sass recommended that the Council adopt Resolution No. 89-93, amended to add the following conditions: 1) That trees in the parking area shall be of a canopy variety, a minimum of ten feet in height with an eight foot canopy at time of installation, as well as other specifications to comply with the August 24, 1989, parking lot tree master plan proposal; 2) Landscaping shall be maintained free of weeds and debris; 3) An overall sign program shall be submitted for review and approval by the Palm Desert MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Architectural Review Commission prior to issuance of a certificate of occupancy; 4) That a fully -integrated parking area be established between this project and potential developments to the east; and 5) Upon development for an integrated parking and entry system for the project site and the easterly properties, the applicant may be relieved of the easterly property line wall. Councilman Crites moved to waive further reading and adopt Resolution No. 89-93 as amended by Ms. Sass above. Motion was seconded by Kelly and carried by unanimous vote of the Council. XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF SAN TROPEZ VILLAS RESORT WEEKLY RENTAL PROGRAM. Mr. Drell reviewed the staff report and offered to answer any questions. Councilmember Benson asked whether the 100 units mentioned in the staff report were all located in the same section of San Tropez Villas. MR. WILLIAM DeLEEUW, 73-373 Country Club Drive, stated that they were not all located in the same section at this time but that eventually they would all be close to the center of the project near facilities such as the pool. Councilman Kelly suggested either having more affordable units or reducing the rents in the vacant units so they would be more affordable and competitive on the market and, therefore, begin to be rented. Councilmember Benson agreed that if the project is to be kept full, the rents should be lowered. She said she would rather see 100 units at lower rents with tenants occupying them than to see those 100 units on a week by week basis, and the maintenance costs would not be as high. Councilman Crites said he felt it was important to get input from the people who are currently in the hotel business to see how they feel about allowing apartment conversions. Councilman Snyder stated that specific regulations and codes governed the building of hotels, and he felt it would not be fair if apartments were allowed to be 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • converted into hotels when they were not required to be built under those same standards. Councilman Crites stated that the Council had given the applicant its views regarding this matter and he moved to, by Minute Motion, authorize staff to conduct a thorough analysis of the proposed program, taking into consideration the issues and concerns discussed at this meeting. Motion was seconded by Kelly and carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR APPROVAL of Special Signs for Ahmanson Property During the International Council of Shopping Centers. Mr. Shillcock reviewed the staff report, noting that the date was incorrect and should reflect October 6th, not the 16th. Councilmember Benson questioned the fact that the staff report indicated October 4-6, and the letter from Ahmanson requested that the signs be allowed to stay up for a year. Mr. Shillcock responded that the time limit was not discussed when the request was first made. MR. DAVID NEWSOME, Ahmanson Commercial Development Company, reviewed the proposal that was presented to the Council prior to the meeting. He said the primary purpose of the signs was to promote the development sites during the convention; however, they were also requesting permission to leave the signs up for a year. Upon question by Councilman Crites, Mr. Drell stated that present code allows for a sign once a specific project is approved. Mr. Newsome added that if the Council would only consider approving the signs for the duration of the conference, he would probably retract the request at this time because of the cost involved. He said he felt three months would be the minimum amount of time to make the signs cost- effective. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 . . . . . • * . . . . . . . . . . . . . . . . . . Mayor Wilson asked how soon the signs could be erected, and Mr. Newsome stated that they could probably be in place by October 4th. Councilman Kelly moved to, by Minute Motion, approve the special signage for the Ahmanson Commercial Development Company and allow the signs to remain on the sites for a period of three months. Motion wa seconded by Wilson and carried by a 3-2 vote, with Councilmembers Benson and Crites voting NO. B. CITY ATTORNEY Mr. Erwin asked that the Council adjourn to Closed Session at the close of the meeting. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of the Observance of Martin Luther King Day (Councilman Buford A. Crites). Councilman Crites stated that it was up to the Council to determine whether Martin Luther King Day should be observed as an additional City holiday or if it should be observed instead of another holiday, such as Columbus Day. Mayor Wilson stated he had read the report and was disappointed in the employees. He said the Council had bent over backwards as far as giving salary increases, and when the employees were asked to consider giving up one of their other holidays to observe this one, the response was negative. Councilman Kelly stated that he felt this issue should have been considered with the entire wage package at budget time. He agreed that the Council had been very magnanimous in giving raises. Mr. Altman explained that the employees had not asked for an additional holiday, and the only reason this matter had even been discussed was because of a request received last year to declare Martin Luther King Day as a City holiday. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • After additional discussion, Council concurred that Columbus Day would be observed in 1989, but that beginning in 1990, Martin Luther King Day would be observed instead of Columbus Day. Councilman Crites moved to, by Minute Motion, direct staff to prepare a resolution for adoption at the September 28th meeting declaring Martin Luther King Day an official City holiday in lieu of the observance of Columbus Day, beginning in 1990. Motion was seconded by Benson and carried by unanimous vote of the Council. 2. Palm Desert Children's Choir Fees Councilman Crites moved to add this item to the Agenda as one which arose after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote of the Council. Councilman Crites stated that he had spoken with someone who had two children and had expressed a desire to have them both participate in the Children's Choir but felt the cost was too high, with a registration fee of $20.00 per child, plus uniform costs of $55.00 per child. He felt it was important to allow children to participate and asked if something could be worked out to help parents with low income. Councilman Kelly moved to, by Minute Motion, refer this matter to the Charitable Contributions Committee for review and recommendation. Motion was seconded by Crites and carried by unanimous vote of the Council. o City Council Committee Reports: 1. Report on Recycle Committee (Councilman Richard S. Kelly). Councilman Kelly stated that he had a list of five citizens who had been assisting in the recycling program and had indicated a desire to serve on an advisory committee for the City. He asked that such a committee be established and that these individuals be appointed to it. It was Council's concurrence that an ad hoc Recycle Advisory Committee be established and that the members establish procedures and guidelines. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • a a a • a • • • • • a • a • • a • • • a • 4 a 2. Arco AM/PM MiniMart Councilmember Benson asked that staff prepare a report for the next meeting regarding the Arco Station on Portola Avenue, more specifically the ingress and egress. She expressed concern with vehicles going both directions and asked that Public Works staff review the markings within the parking lot. Mr. Drell stated that staff would discuss the situation with Mr. Craig Yamasaki. 3. Mayor Wilson stated that when he attended_a recent Mayors and Councilmembers meeting, the issue arose regarding the need to address problems from a regional viewpoint rather than an individual city viewpoint. He said he felt Palm Desert was very fortunate in that every one of its Councilmembers was involved in regional committees or task forces, and that is why he had asked each Councilmember to give a three- to five-minute talk on his/her particular background at the October 18th Mayor's Breakfast. 4. Mayor Wilson advised the Council that he would be going to Japan from September 22nd through October 2nd and would not be present at the September 28th meeting. XIV. ORAL COMMUNICATIONS - 8 None Mayor Wilson recessed the meeting at 6:10 p.m. for dinner. He 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 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • . * . • • . * . . . • . • • • • • • . • . . • • XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CERTIFICATES OF APPRECIATION TO STUDENT SUMMER WORK PROGRAM PARTICIPANTS. Mayor Wilson presented certificates of appreciation to the six participants in the Student Summer Work Program and thanked them for all of their efforts on behalf of the City. XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF ASSESSMENTS TO PARCELS WHICH HAVE BEEN ABATED FOR PUBLIC NUISANCE AND FIRE HAZARD. Mayor Wilson declared the public hearing open and asked for staff's report. Mr. Wayne Ramsey reviewed the staff report, noting that two of the parcels listed on Exhibit "A" of the Resolution should be removed because the assessments had been paid. Mayor Wilson 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 adopt Resolution No. 89-115 confirming assessments on property owners in the City for abatement of weeds and other nuisances, amended to delete the two parcels which had been paid. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE, PRECISE PLAN, AND PARCEL MAP FOR A 40,000 SQUARE FOOT OFFICE/RETAIL COMPLEX AT THE NORTHEAST CORNER OF HIGHWAY 111/PORTOLA AVENUE AND ALESSANDRO/PORTOLA AVENUE AND INITIATION OF A STREET VACATION FOR THE HIGHWAY 111 FRONTAGE ROAD. (CASE NO. C/Z 89-13, PP 89-19, PM 25018 - OLIPHANT/LIZZA ASSOCIATES, APPLICANT). Mr. Drell reviewed the staff report, noting that the plan included an opening from the project onto Highway 111. He said staff agreed that it would be better from a safety standpoint to have direct access to Highway 111 rather than having vehicles turning left onto Portola and then right onto the Highway; however, CalTrans had not yet approved the access. He added that the applicant had agreed to abide by the final configuration approved by CalTrans, whether it includes the direct access or not. - 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Wilson asked for staff's feeling regarding the letter included in the packets from Gale Zahn and Michael Hilgenberg in support of the change of zone and requesting that their property be considered for the same zone change. Mr. Drell responded that with the concept described for this area, the only way it would be considered would be as parking. He added that the intent was to preserve the area on San Marino visually and functionally as residential, and all of the access to and from the proposed development was onto Alessandro and not San Marino. Upon question by Councilman Crites regarding the grading of Building C, Mr. Drell responded that because of the location of the building, it would be slightly above the existing grade. After additional discussion, Council concurred that a condition be added that "The finished pad shall match the existing curb height on the north side of the frontage road." Councilman Crites complimented staff on the inclusion of Conditions #8 and #9 regarding landscape maintenance and drought tolerant and water conserving plant materials. He asked that a condition be included that the trees shall comply with the August 24, 1989, parking lot tree master plan proposal. He also asked the applicant to address the issue of what would be done with the existing Palo Verde trees on the property. Councilman Kelly stated that he would also like to see the same condition added to this project as was included in the Chazan project relative to mutual access. Mayor Wilson declared the public hearing open and invited testimony from the applicant. MR. RICHARD OLIPHANT, 77-900 Avenue of the States, Palm Desert, addressed the Council and reviewed the background of the project. As far as the existing Palo Verde trees, he said Mr. Ron Gregory, the landscape architect, had indicated they would be salvaged. Councilman Crites asked what was the primary reason for the proposal to reverse the direction of traffic flow on the frontage road, and Mr. Oliphant responded that it would help traffic flow on Alessandro and Portola. Mayor Wilson invited testimony in FAVOR of this request. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • MR. CHARLIE SWEET, 74-595 Pepper Tree, stated he had worked on this project since August of 1985 with staff. He added that he felt staff had given an excellent report. Mayor Wilson invited testimony in OPPOSITION to this request. MS. JEAN GRETCH, 44-881 Cabrillo, stated that she lived adjacent to the Education Station preschool. She said it was difficult to sell her property and asked what would happen to the remaining R-3 property in the area and if it could also be zoned for office buildings. Mr. Drell stated that her property was in the area described in the Core Commercial Plan as "commerci_al transition" and, therefore, a change of zone could be requested. Councilman Crites suggested that she meet with Mr. Drell to go over what could be done with the property. MR. CHET DORN, 73-242 Joshua Tree, spoke as the owner of Ace Hardware. He said he was in favor of the project and supported reversing the flow of traffic on the frontage road but was opposed to the loss of parking spaces on the frontage road. He felt it would cause people visiting other businesses to park in his lot. Councilman Crites asked what would be done to improve the appearance of the Kar Technologies wall. MR. RON GREGORY, Landscape Architect, explained that there was an 80 foot planting strip along that wall and that trees and landscaping would be planted there. MR. SANDY BAUM, 45-800 Deep Canyon, asked that Council address the traffic circulation plan. He said he felt this was creating "an accident waiting to happen" and that something should be done to widen Portola more to the north. Mr. Folkers responded that Mr. Baum had some very valid points and that staff was currently looking into the matter. Mayor Wilson declared the public hearing closed. Council Comments/Questions: Kelly: Was not concerned with having the two-story building on Portola because he did not view the location 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • SEPTEMBER 14, 1989 • • • • • • • • • • • as residential. Agreed with Sandy Baum that Portola Avenue needed to be widened. Agreed with having an opening from the project onto Highway 111 and reversing the flow of traffic on the frontage road. Also felt the City should assist the applicant in getting approval from CalTrans for the Highway 111 opening. Benson: Could see the improvements on Highway 111 and Portola, but did not like having the two-story element on the corner. Crites: Although he understood Mr. Gregory's desire to have his building be two-story, he agreed with Councilmember Benson that it was bad planning to have the building at this location. Mayor Wilson reopened the public hearing to allow the applicant to address the possibility of reversing the location of the two-story building. Mr. Oliphant stated that the amount of square footage needed by Mr. Gregory could not be achieved in another building and that it would not be practical to move the building over to Alessandro. Councilman Kelly stated that he had just measured the building as shown on the plan and that it would fit better along Alessandro than it did on Portola. Upon question by Mayor Wilson, Mr. Gregory stated that he had always felt it would be very important to have the Portola Avenue frontage rather than Alessandro. Mayor Wilson declared the public hearing closed. Councilman Kelly moved to: 1) Waive further reading and pass Ordinance No. 585 to second reading, approving a Negative Declaration of Environmental Impact and Change of Zone from R-3 (Multifamily Residential) and R-1 (Single Family Residential) to O.P. (Office Professional): and 2) Waive further reading and adopt Resolution No. 89- 116, approving PP89-19 and PM25018, as amended to add conditions discussed by Council during the public hearing. Kelly added to his motion a condition that the Council supports the reversal of traffic flow on the frontage road as well as an opening from the project onto Highway 111 and offered City assistance to the developer In working with CalTrans to obtain approval of that opening. Motion was seconded by Wilson and carried by a 3-2 vote, with Councilmembers Benson and Crites voting NO. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 14, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session at 8:50 p.m. pursuant to Government Code Section 54956.8, Real Property Transactions (Acquisition of land by the City - Open space land for the Bella Vista project), 54956.9(a) and (b), Pending and Potential Litigation (Palm Desert vs. Jacobs - Fire Station, Indian Springs Trust vs. City of Palm Desert - Inverse Condemnation, Palm Desert vs. Indian Wells/Sunterra, Smith vs. Palm Desert), and Personnel (Munoz vs. Palm Desert). Motion was seconded by Snyder and carried by unanimous vote of the City Council. Mayor Wilson reconvened the meeting at 9:55 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: MARY P. CITY OF ZIER, DEPUTYUCITY CLERK M DESERT, CALIFORNIA 21