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HomeMy WebLinkAbout1991-07-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 11, 1991 * * * * * * x * * * * * * * * * * * * * * * * * * * * * * * * * [. CALL TO ORDER lt[x.or Snyder convened the meeting at 4:10 p.m. [I. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly I[I. INVOCATION - Mayor Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tem Richard S. Kelly Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Carlos L. Ortega, ACM/Executive Director of the Redevelopment agency Steve Smith. Acting Director of Community Development Richard J. Folkers. ACM/Director of Public Works Paul Wilcock, .ACN1/Director of Economic Development Paul Cl"-),on. Director of Finance I");rcctor of Building & Safety_ + )i r, ctor of Code Compliance Je, t \\ :h',:lenleck. Planning Technician John 1` onlin .th. Environmental Conservation Manager V CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 27, 1991. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0604, WR0607, and WR0619. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pizza Hut of Southeast Kansas, Inc. for Pizza Hut, 72-310 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by General Mills Restaurants, Inc. for Olive Garden, 72-221 - 72-261 Highway 111, Palm Desert. Rec: Receive and refer to the Department of Community Development for processing of a Conditional Use Permit. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Yu Long Chang for Tsing Tao Restaurant, 74-040 Highway 111, Palm Desert. Rec: Receive and refer to the Department of Community Development for processing of a Conditional Use Permit. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by LG's Steak House, Inc. for LG's Steak House, 74-225 Highway 111, Palm Desert. Rec: Receive and refer to the Department of Community Development for processing of a Conditional Use Permit. G. CLAIM AGAINST THE CITY (No. 170) by Sharon Kay Epps in an Unspecified Amount. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. H. CLAIM AGAINST THE CITY (No. 171) by Billie J. Pollard in an Unspecified Amount. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. I REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Production of the 1992 Community Calendar (Contract No. 00-560). Rec: By Minute Motion, authorize the City Clerk to Advertise and Call for Bids for Contract No. 00-560 for Production of the 1992 Community Calendar. MIAUTES REGULAR PALM DESER' :ITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * IC * * * * * * * * * * * * * f * * * * * * * * * * * J. REOUEST FOR APPROVAL of Joint Use Agreement with Southern California Edison Company for Underground Conversion - Fred Waring Drive (Contract No. 00-561). Rec: By Minute Motion, approve the agreement and authorize the Mayor to execute same. K. CONSIDERATION of a Resolution Levying the 1991-92 Fire Tax Assessment. Rec: Waive further reading and adopt Resolution No. 91-84, levying a special tax for fire protection and prevention for Fiscal Year 1991-92. L. REOUEST FOR AWARD OF CONTRACT for Creation of an Economic Development Video for Palm Desert (Contract No. 00-562). Rec: By Minute Motion, authorize the execution of a contract with International Corporate Video (Contract No. 00-562) in the amount of $15,000 %kith a contingency of $3,000 and instruct staff to initiate efforts immediately to crcate the referenced videos. M. AWARD OF BID for 5-Gang Reel Turf Mower (Contract No. 00-527). Rec: By Minute Motion, reject the low bid from AA Equipment and award the purchase to Toro Pacific Equipment & Irrigation for a 5-gang reel turf mower. N. ESTABLISHMENT of an Annual Award Recognizing Excellence in Supporting Economic Development Efforts. Rec: By Minute Motion, approve the establishment of an annual award recognizing efforts of employees/residents/volunteers who provide economic development information to interested parties and direct staff to make recommendations for such recipients based on discussions with the Chamber of Commerce, EDAC members, and other interested parties. O. AWARD OF CONTRACT for Traffic Signal Replacement at Monterey Avenue and San Gorgonio Way (Contract No. 00-548). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with Paul Gardner Corporation (Contract No. 00-548) in the amount of $7,364.00 and authorize a ten percent contingency reserve in the amount of $736.00 as «eIl as a five percent contingency reserve in the amount of $368.00 for contract inspection services by the County of Riverside Transportation Department. P. REOUEST FOR RENEWAL OF CONTRACT for Project Management Services (Contract No. 00-440). Rec: By Minute Motion, authorize a one-year extension of the subject contract for services by the current contract project manager. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. AWARD OF CONTRACT for Engineering Services for El Paseo Median Modifications (Contract No. 00-557). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with the Holt Group in the amount of $7,980.00and authorize a ten percent contingency in the amount of $798.00. R. CONSIDERATION OF REOUEST for Street Vacation - Frank Sinatra Drive West of Portola Avenue. Rec: Waive further reading and adopt Resolution No. 91-85, setting a public hearing to consider the vacation request. S. AWARD OF BID for Landscape Maintenance for Landscape and Lighting Assessment District No. 6 (Monterey Meadows), Contract No. 00-552. Rec: By Minute Motion, award the bid to Environmental Care, Inc. for the subject project and authorize the Mayor to enter into an agreement with Environmental Care, Inc. in the amount of $1,020.50 per month. T. REOUEST FOR APPROVAL of Revised Southern California Edison Easement for Electrical Service at Civic Center. Rec: By Minute Motion, approve the revised easement between Southern California Edison Company and the City of Palm Desert and authorize the Mayor to execute same. U. REOUEST FOR APPROVAL of Extension of Time for Plans Filed in the Department of Building and Safety by Pamela Smallwood. Rec: By Minute Motion, approve a six-month extension of plan check which will expire on September 5, 1991. V. LETTER FROM JAMES L. LAMB Requesting Approval of the Waiver of a Late Penalty Charged His Business License. Rec: By Minute Motion, approve the waiver of penalty fees charged to Mr. James L. Lamb. W. CONSIDERATION OF A LETTER from the Local Agency Formation Commission Relative To Proposed Funding Sources. Rec: By Minute Motion, direct staff to prepare a letter in opposition to revisions in the funding sources for LAFCO. 4 MINUTES REGULAR PALM DESER' :ITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * 4, * * * * * * * * * * * * * * * * * * * * * * * * X. CONSIDERATION of Letter from City of Rolling Hills Estates Requesting the City of Palm Desert's Support of its Resolution Urging the Legislature to Empower Properly Trained Peace Officers to Remove Unsafe Commercial Vehicles from Streets and Highways. Rec: By Minute Motion, support Resolution No. 1653 of the City of Rolling Hills Estates. Councilman Crites removed Item U for discussion under the Consent Items Held Over portion of the Agenda. Upon motion by Wilson, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. DAN EHRLER, Chairman of the July 4th Greater Desert Fireworks Committee. expressed appreciation to the City, Council, staff, and everyone in the community who to make this year's celebration memorable and spectacular. He thanked Councilmember Benson for her individual efforts on the Committee. On behalf of the entire City Council, Mayor Snyder thanked Mr. Ehrler and the Committee for doing such an excellent job. Councilmember Benson echoed Mayor Snyder's comments and said that although it vas a team effort, Mr. Ehrler did an admirable job in leading the team. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 647 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SUBSECTION (C) OF SECTION 9.24.030,CHAPTER 9.24, NOISE CONTROL ORDINANCE. Mr. Altman stated this ordinance had been previously introduced and that no changes had been made. He recommended its adoption. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Kelly, second by Crites, Ordinance No. 647 was adopted by a 4-0-1 vote, with Councilmember Benson ABSTAINING because she was not present when the ordinance was discussed. B. ORDINANCE NO. 648 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 5.86.140 OF THE MUNICIPAL CODE BY ADDING SUBSECTION "C" RELATING TO MASSAGE ESTABLISHMENT EXEMPTIONS. Mr. Altman stated no changes had been made since introduction of this ordinance, and he recommended its adoption. Upon motion by Wilson, second by Kelly, Ordinance No. 648 was adopted by a 3-0-2 vote, with Councilmembers Benson and Crites ABSTAINING because they were not present when the ordinance was introduced. C. ORDINANCE NO. 649 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 3.28.020, 3.20.030, 3.20.040, 3.28.070, AND 3.28.110 OF THE PALM DESERT MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAXATION. Mr. Altman stated no changes had been made since introduction •of this ordinance, and he recommended its adoption. Upon motion by Wilson, second by Kelly, Ordinance No. 649 was adopted by a 3-0-2 vote, with Councilmembers Benson and Crites ABSTAINING. D. ORDINANCE NO. 650 - 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 SPEED ZONES (DEEP CANYON ROAD FROM FRED WARING DRIVE TO MAGNESIA FALLS DRIVE.) Mr. Altman stated no changes had been made since introduction of this ordinance, and he recommended its adoption. Upon motion by Kelly, second by Wilson, Ordinance No. 650 was adopted by a 3-0-2 vote, with Councilmembers Benson and Crites ABSTAINING. E. ORDINANCE NO. 651 - 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 (MERLE DRIVE WEST OF COOK STREET, VELIE WAY, JONI DRIVE, MERLE DRIVE EAST OF COOK STREET, 42ND AVENUE, SHERYL AVENUE EAST OF COOK STREET.) Mr. Altman stated no changes had been made since this ordinance was introduced, and he recommended its adoption. 6 MINUTES REGULAR PALM DESER 3ITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * 4 * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Wilson, second by Kelly, Ordinance No. 651 was adopted by a 3-0-2 vote, with Councilmembers Benson and Crites ABSTAINING. IX. CONSENT ITEMS HELD OVER U. REOUEST FOR APPROVAL of Extension of Time for Plans Filed in the Department of Building and Safety by Pamela Smallwood. Councilman Crites stated he had pulled this item because he remembered it being initially approved when he was a member of the Planning Commission. Councilmember Benson noted that this was for the child care center, not for the senior citizen housing development off Fred Waring Drive, which was what Councilman Crites was referring to. Councilman Crites moved to, by Minute Motion, approve a six-month extension of plan check which will expire on September 5, 1991. Motion was seconded by Kelly and carried by unanimous vote of the Council. X. NEW BUSINESS A. CONSIDERATION OF REOUEST FOR WAIVER OF PARK FEE FOR PARCEL MAP 26609 (NELCON, INC., APPLICANT) CASE NOS. PM 26609. PP 90-20. VAR 90-7. Mr. Smith reviewed the staff report, noting that the area was originally subdivided into three lots in 1957 and 1963. The property owner, Brad Gates, had consolidated the three lots into one in 1989 and had received approval to construct 11 apartment units. The applicant acquired the property in 1990 and received approval for an upgraded 11-unit apartment project; however, for financing purposes, it is necessary to re -subdivide the property into the three lots which previously existed. He said the City's subdivision ordinance requires that where property is subdivided for residential purposes, the development must pay park fees, which in this case would amount to approximately $28,000. The applicant felt that the lots were only consolidated for a short period of time and had asked for a waiver of the park fees. He added that staff did not have a position one way or the other and felt this was a policy decision for the Council. MR. DAVID NELSON, applicant, said he felt the payment of park fees was basically for new subdivisions and in this case, he would just be reestablishing old property lines. He offered to answer any questions. Upon question by Councilman Kelly as to whether any park fees had ever been paid for this particular parcel, Mr. Smith responded that he did not know whether the County would have required payment of park fees back when the lots were originally subdivided. Councilman Wilson said as he understood the request, it was basically to restore the property to the way it was in 1989. He felt it was an unusual situation and that it would 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * not be changing any impacts prior to 1989 when the consolidation took place. He said he felt this could be considered an exceptional case. Mayor Snyder agreed and said he would be willing to look at this as an unusual situation. Upon question by Councilman Kelly, Mr. Smith responded that the property was zoned R-3 and that there would be four units on each of two lots, with three units on the remaining lot, for a total of 11 units. He added that the property had been zoned R-3 since incorporation and that it had always been 11 lots planned. Councilman Kelly stated that since there had basically always been 11 lots planned, it did not make much sense to charge the fee. Councilman Crites asked how park fees were charged on apartment units in general, and Mr. Smith responded that park fees were not charged on apartment units unless the land is subdivided and that the City's ordinance complied with State law. Councilman Kelly asked if the Council could adopt an ordinance requiring park fees for apartment units if it felt there was an impact from same, and Mr. Erwin responded that it could legally be done through the public hearing process. With Council concurrence, staff was directed to look at requiring payment of park fees for development of apartment units. Councilman Wilson moved to, by Minute Motion, grant the request by Nelcon, Inc. for waiver of park fees for Parcel Map 26609. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. INFORMATIONAL ITEMS: 1. Palmer CableVision Update - FCC Ruling Regarding Cable Regulation. Mr. Ortega stated that in reading the news released by the FCC, it indicated that the City of Palm Desert could again regulate rates for basic services provided by Palmer. He added that staff was waiting for the actual text from the FCC in order to fully analyze it and would report to the Council at a later date. 2. Update on Tri-Cities Sports Facility. Mr. Altman stated that Community Development Director Ray Diaz had been working on the Environmental Impact Report process on the Civic Center site. He said he had met with the City Managers regarding funding and that this matter had been worked out. 8 MINUTES REGULAR PALM DESEIC :ITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * :f * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL BY BOBBY CUPPLES RELATIVE TO THE ABATEMENT OF BIRDS ON HIS PROPERTY (Continued from the Meetings of May 23 and June 13, 1991). Code Compliance Officer Evelyn Bridges reviewed the staff report, noting that continued investigation resulted in the staff recommendation that all birds be abated from the premises with ten days, with relocation of said birds not to be within a residential district. She offered to answer any questions. Upon question by Councilmember Benson regarding the number of birds, Ms. Bridges responded that there were five large and four small birds at the location. Councilman Crites verified that staff was not attempting to limit the number of birds and was indicating that noise was the determining factor in finding that the birds are a public nuisance. Ms. Bridges agreed. MR. HARRY SCHNEIDER, 45-663 Shadow Mountain Drive, addressed Council and stated that since the last time this item was before the Council, he and Mr. Cupples had spoken and made an effort to relocate the noisiest of the birds to another area of the property; however, he felt it was still unacceptable, and he had also been advised that there had been an influx of other complaints. He stated he had a 55 second audio tape of the birds which he had recorded in the middle of the street, and he played it for Council. MR. RICHARD DAVID, a resident to the rear of Mr. Cupples' property, said the noise from the birds was greater than what was heard on the audio tape and usually went from approximately 5:45 a.m. to 8:15 p.m. He said he would not enjoy the outdoors because of this noise. MR. BOBBY CUPPLES, applicant, said this was the second residence he had in Palm Desert and that he had never had any problems with the birds prior to this time. He said he had owned one of the birds for 14 years and that it had belonged to his six -year - old daughter since she was two years of age. He noted that he was in the process of purchasing the house and had plans to build an area for the birds inside the home. He said he did not feel it was fair to require that he remove the birds and that they were currently very well located health -wise. Councilmember Benson asked if staff had ascertained whether the birds exceeded the allowable noise level. Ms. Bridges responded that the ambient noise level in the area was 50.4 decibels; she said she had taken four readings, with the highest at 58.3 decibels which did not really exceed any type of standard for noise control. She added that this type of noise did not record well. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Wilson regarding how this would be handled if it were a barking dog, Code Compliance Director Frank Allen responded that neighbors would have to get signed petitions and then it would be turned over to the District Attorney. Councilman Kelly asked whether the City was required to follow the same procedure for other animals as it does with barking dogs, and Mr. Erwin responded that it would not necessarily have to do so. Councilman Kelly stated he would not want to live next door to screeching birds, and he moved to, by Minute Motion, concur with the staff report recommendation that the appellant abate all noisy birds from the premises within 10 days, with relocation of said birds not to be within a residential district. Councilman Wilson asked whether staff had considered the recommendation with the proviso that the birds must either be removed from the property or located within the dwelling unit. Ms. Bridges responded that it was her understanding from Mr. Cupples that the air conditioning was very dangerous for these types of animals, and the recommendation in the staff report was based on the fact that Mr. Cupples said he would not bring them indoors. Councilman Kelly amended his motion to require that the appellant either relocate the birds inside the dwelling unit or follow staffs initial recommendation as stated above. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. STAFF REPORT AND RECOMMENDATION RELATIVE TO LETTER FROM BARBARA FLANAGAN REGARDING ANIMAL CONTROL SERVICES (Continued from the Meeting of May 23, 1991). Mr. Allen reviewed the staff report, noting that he had contacted the two individuals involved, Mary Nudd and Barbara Flanagan. He said the County had agreed to assign one animal control officer specifically to the City of Palm Desert, which was a concern of Mrs. Nudd. He added that Mrs. Flanagan had requested a continuance of this item until September when all members of the citizens committee have returned to the desert and will be able to participate in additional discussion. Councilman Wilson said it was his understanding that staff was directed to meet with Mrs. Flanagan and Mrs. Nudd as an ad hoc committee to explore alternative solutions to this situation. Mr. Allen responded that he had contact both individuals by telephone. Councilman Wilson said that in view of the fact that Mrs. Flanagan was not able to attend this meeting, he did not see any problem continuing the matter until September and asking that staff meet with them in the fall, with the understanding that animal 10 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * control services through the County will stay the same until such time as a better solution is found. Councilmember Benson said she also understood that staff and citizens would be meeting as an ad hoc committee to discuss alternatives. Councilman Wilson moved to continue this matter to the meeting of October 10, 1991. Motion was seconded by Crites and carried by unanimous vote of the Council. XII. OLD BUSINESS A. CONSIDERATION OF A REOUEST FROM THE PALM DESERT/RANCHO MIRAGE/INDIAN WELLS BOARD OF REALTORS OPPOSING A MODEL WATER CLOSET RETROFIT ORDINANCE. Mr. Altman stated there was a memorandum in the packets from Environmental Conservation Manager John Wohlmuth recommending that Council defer passage of an ordinance and continue promoting water conservation through existing programs. Councilman Crites noted that the last page of the letter included in the report indicated support of an "off -site" retrofit program. He said he did not know what this was or if the City already had such a program. Mayor Snyder stated that he had attended a meeting of the Building Industry Association (BIA) and that the BIA was strongly against this because there was not an adequate supply of the new type of facilities available and the cost was prohibitive compared to the advantages that could be gained. Councilman Kelly stated that we are already putting water saving facilities in all new construction. He said in a city where we reuse all waste water on golf courses, this would cause a cost to the home buyer. He said his experience with these types of facilities was that you have to flush them twice, and he did not see the need for a water closet retrofit ordinance at this time. Councilman Kelly moved to, by Minute Motion, defer passage of an ordinance and continue to promote water conservation through existing programs. Motion was seconded by Crites and carried by unanimous vote of the Council. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF FINAL ENVIRONMENTAL REDEVELOPMENT PLAN FOR REDEVELOPMENT Chairman Snyder convened the Redevelopment Agency meetin item as a joint matter. ROLL CALL Present: Member Jean M. Benson Member Buford A. Crites Vice Chairman Richard S. Kelly Member S. Roy Wilson Chairman Walter H. Snyder IMPACT REPORT AND PROJECT AREA NO. 3. g at 5:00 p.m. to consider this Mr. Ortega reviewed the staff report, noting that Council and the Redevelopment Agency held a public hearing on June 27, 1991, and considered comments from the public as well as written comments on the Plan and/or the Environmental Impact Report and that Council\RDA had received the response to written objections in the packets. He said the public hearing had been closed but added that Agency Attorney Bill Strausz and Felice Acosta from Rosenow Spevacek were available to answer any questions. Councilman/Member Wilson moved to: 1) Waive further reading and adopt City Council Resolution No. 91-86, adopting written findings in response to written objections and suggestions regarding Project Area No. 3; 2) waive further reading and adopt Redevelopment Agency Resolution No. 249, approving the Redevelopment Plan, certifying the Final Environmental Impact Report (EIR), and making findings pursuant to the California Environmental Quality Act (CEQA); 3) waive further reading and adopt City Council Resolution No. 91-87, approving the Redevelopment Plan, certifying the Final EIR, and making findings pursuant to CEQA; 4) waive further reading and pass Ordinance No. 652 to second reading, approving and adopting the Redevelopment Plan for Project Area No. 3. Motion was seconded by Kelly and carried by a 3-0-2 vote, with Benson and Crites ABSTAINING as they were not able to attend the June 27, 1991, public hearing when this matter was discussed. Chairman Snyder recessed the Redevelopment Agency meeting at 5:05 p.m. to the Close of the City Council meeting. XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Altman stated that a letter from the City of Huntington Beach had inadvertently been included in the packets for the Altamira public hearing and was not included on the Agenda. 1N J'FES REGULAR PALM DESERT : TY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to add this to the Agenda for discussion as an item which arose after the Agenda was posted. Motion was seconded by Benson and carried by unanimous vote of the Council. Mr. Altman stated the letter was requesting adoption of a resolution opposing the water company surcharge, and he asked if Council wished to support this request or refer the matter to staff for report and recommendation. Councilman Crites moved to refer this matter to staff for report and recommendation. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Sections 54956.9 (a), pending litigation (Concerned Merchants vs. Palm Desert regarding the C.O.D. swap meet), and (b), potential litigation. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Councilmember Benson noted for the record that she had advised Steve Smith of the Planning Department that she wished to call up for Council review the fence around Monterey Country Club which had been approved by the Architectural Review Commission. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Snyder adjourned the meeting to Closed Session at 5:10 p.m. He reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. NOTE: COUNCILMAN WILSON LEFT THE MEETING AT THE DINNER RECESS. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS With Council concurrence, Public Hearing "D"was considered prior to the remaining public hearings. A. REOUEST FOR CONSIDERATION OF AN ORDINANCE ADOPTING THE MASTER DRAINAGE PLAN DATED JUNE, 1991, AND SETTING FEES FOR DRAINAGE FACILITIES IN ACCORDANCE WITH THE MASTER DRAINAGE PLAN. Mr. Folkers reviewed the staff report, noting that a memorandum had been received from the City Attorney's office recommending adoption of a resolution as well as an ordinance. The resolution would approve the Master Drainage Plan and authorize implementation of same, while the ordinance would amend the Municipal Code relating to drainage fees. He stated that staff had talked to several major engineering firms and some of the developers in the Valley in an attempt to get their input. He said second reading of the ordinance would be on August 22nd which would allow ample time for any comments to be received. The ordinance would take effect 60 days later, or October 21 st. He recommended that Council open the public hearing for comment, pass Ordinance No. 653 to second reading, and adopt Resolution 91-91. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. ALLAN LEVIN, Vice President of Sunrise, 42-600 Cook Street, said he had just recently received a copy of the report and had not had an opportunity to review it thoroughly. He said he had noticed that the Plan does not take into account the 100 year storm retention that most firms are required to keep on site. He added that with a potential drainage fee of approximately $3.3 million for the Indian Ridge development, it was important to determine if payment of that fee was in essence duplicating what would have to be retained on site. Upon question by several of the Councilmembers, Mr. Folkers responded that although he would like to see something implemented, he would have no problem continuing this matter to the meeting of August 22nd. He added that he would set up a meeting with engineering consultants in the Valley to discuss the Plan. Councilman Crites moved to continue this hearing to the meeting of August 22, 1991. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Wilson ABSENT. 14 MLNUTES REGULAR PALM DESERT ITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * * * * * B. REOUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT TO ALLOW CONSTRUCTION OF A 14-UNIT SENIOR HOUSING PROJECT AT 73-666 AND 73-688 SANTA ROSA WAY IN THE R-3 S.O. ZONE (RAYMOND W. HAAS, APPLICANT) CASE NO. CUP 91-5. Mr. Winklepleck reviewed the staff report, noting that the project had received preliminary architectural and landscaping approval from the Architectural Review Commission. He recommended two Department of Community Development conditions be added to Resolution No. 91-88: 1)That climate appropriate landscaping shall be utilized; 2) that appropriate recycling containers be constructed and a recycling program be submitted to the Environmental Conservation Manager to ensure that the program goes forward. He offered to answer any questions. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Kelly asked if the applicant was present, and Mr. Winklepleck stated there was no representative for the applicant at the meeting. Councilman Crites asked what would happen if a senior couple wished to occupy the apartment and only one of the persons was over the age of 62. Mr. Winklepleck responded that only one of the two would have to be 62 years of age to qualify. Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 654 to second reading, approving the development agreement and conditional use permit; 2) waive further reading and adopt Resolution No. 91-88, approving a Negative Declaration of Environmental Impact and Conditional Use Permit 91-5, subject to conditions, as amended to include two additional Department of Community Development conditions as stated by staff. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REOUEST FOR APPROVAL OF PRECISE PLAN/CONDITIONAL USE PERMIT AMENDMENT FOR A 70,000SQUARE FOOT OFFICE/RESTAURANT COMPLEX ON 4.7 ACRES AT THE SOUTHEAST CORNER OF EL PASEO AND HIGHWAY 111 (CUSACK RADAKER DEVELOPMENT, INC., APPLICANT) CASE NO. PP/CUP 89-3 AMENDMENT. Mr. Winklepleck stated that although this was not his project, it was his understanding that Associate Planner Phil Drell had not anticipated any delay in obtaining approval for this development and had, therefore, legally noticed both Planning Commission and City Council public hearings. Because the Planning Commission had continued the matter in order to clarify some issues, staff was recommending that Council also continue this matter to the meeting of August 22nd. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. Councilman Kelly stated that this was the first project he had seen where the conditions of approval already contain conditions regarding recycling, and he complimented staff for doing so. Councilman Kelly moved to continue this matter to the meeting of August 22, 1991. Motion was seconded by Crites and carried by unanimous vote of the Council. D. REOUEST FOR APPROVAL OF A 450-UNIT COUNTRY CLUB (REFERRED TO AS ALTAMIRA), A ZONE CHANGE FROM O.S. TO PR-5 AND HPR FOR A DRAINAGEWAY IN THE CENTRAL PORTION OF THE SITE, AND CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT ON 352 ACRES SOUTHEAST OF HIGHWAY 74 AND INDIAN HILLS WAY (BIGHORN VENTURES, APPLICANT) CASE NO.S TT 25296 AND C/Z 89-16. Mayor Snyder stated that both the applicant and the Big Horn continuance of this hearing until August 1, 1991. He declared the Councilman Crites moved to continue this hearing to August 1, 1991 seconded by Benson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Institute had requested public hearing open. at 7:00 p.m. Motion was Upon motion by Crites, second by Benson, and unanimous vote of the City Council, Mayor Snyder adjourned the meeting at 7:25 p.m. to 9:00 a.m. on Wednesday, July 17, 1991. ATTEST: MARY P. F CITY OF P ZIER, DEPUTY CITY CLERK DESERT, CALIFORNIA WALTER H. SNY.DER, MAYOR 16