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HomeMy WebLinkAbout1986-08-14MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 14, 1986 CIVIC CENTER COUNCIL CHAMBER • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Kelly III. INVOCATION - Councilman Snyder IV. ROLL CALL Present: Councilmember Jean Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Doug Phillips, Deputy City Attorney Carlos L. Ortega, Assistant City Manager Sheila R. Gilligan, City Clerk/P.I.O. Mary P. Frazier, Deputy City Clerk Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Richard J. Folkers, Director of Public Works V. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of August 1, 1986. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • a a a • • • • • a • • • • • • • • • • • • a • a B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0701, WR0707, WR0704, 86193E, WR0615, WR0713, WR0618, and WR0716. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Raphael V. Shapiro for Raphael's, 73-131 Country Club Drive, C-9, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by David S. Forman for B.B. O'Brien's, 72-185 Painters Path, Palm Desert. Rec: Receive and file. E. REVENUE AND EXPENDITURE REPORT as of June 30, 1986. Rec: Receive and file. F. RESOLUTION NO. 86-86 - 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 AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. G. RESOLUTION NO. 86-87 - 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 AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. 2 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • H. REQUEST FOR APPROVAL of Joint Use Agreement (#00-144) with Southern California Edison Company in Conjunction with the North Sphere Assessment District. Rec: By Minute Motion, authorize the Mayor to enter into a Joint Use Agreement with Southern California Edison Company (#00-144) in conjunction with the North Sphere Assessment District No. 84-1. I. REQUEST FOR APPROVAL of Final Tract Map 21493 (Willow Industrial II). Rec: Waive further reading and adopt Resolution No. 86-88, approving Tract Map 21493. J. RESOLUTION NO. 86-89 - A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING CERTAIN REAL PROPERTY INTO THE CITY STREET SYSTEM. Rec: Waive further reading and adopt Resolution No. 86-89, accepting a portion of Portola Avenue into the City street system. K. REQUEST FOR APPROVAL of Change Orders Nos. 1 and 2 for Palm Desert Fire Station #3 Construction Contract #00-145 (1098). Rec: By Minute Motion, approve Change Orders Nos. 1 and 2 in the amount of ($12,120) and $13,443 respectively, totalling an increase of $1,323 to the construction contract. L. REQUEST FOR APPROVAL of Payment for Final Billing of 1985/86 Sheriff Contract #00-016-1. Rec: By Minute Motion, appropriate $108,750 to the Sheriff contractual services account from the unobligated General Fund balance of Fiscal Year 1985/86. 3 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING —AUGUSTAA, 1986 • • • • • • • • • it • • • • • • • • • • • -• a ---a . • • • M. CLAIM AGAINST THE CITY by E. L. Yeager Construction Company, Inc., for Indemnity in the Amount of $125,000. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. Upon motion by Snyder, second by Wilson, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MRS. CAROL ROBINSON, 40-224 Sagewood, Palm Desert, addressed the Council relative to a proposed development by Germain Development Co., Inc., which would be located behind her property. She submitted copies of letters written by other property owners in the area (on file and of record In the City Clerk's Office). She stated that the homeowners were not opposed to the development itself; however, they did oppose the grading level and the height of the pads, which would result in an 11 foot wall being built. She showed the Council pictures of the area (on file and of record in the City Clerk's Office) and asked for assistance in thfs matter. Upon question by Mayor Kelly, Mr. Diaz responded that the grading plans had been returned to the developer earlier in the week indicating corrections were required to lower the grade closer to that of the existing grade of adjacent properties and assuring that proper drainage was obtained. He added that the developer was not happy with it at this point but would not be able to obtain a grading permit unless he was willing to conform to this grading plan at two feet lower than he had proposed. Mrs. Robinson stated that this would be acceptable to the homeowners. MR. STUART NAZARRO, 49-037 Mariposa, Palm Desert, Manager of Coachella Valley Television, addressed Council and asked that he be allowed to speak when the Council considered Item D under New Business. 4 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • MR. LEONE SANBORN, 250 Newport Center Drive, Newport Beach, asked that he be allowed to speak when the Council considered Item A under New Business. Mayor Kelly stated that both gentlemen would be allowed to speak at the time these items were considered. VII. RESOLUTIONS A. RESOLUTION NO. 86-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913". Mr. Folkers reviewed the staff report and recommendation and offered to answer any questions. Upon motion by Snyder, second by Benson, Resolution No. 86-90 was adopted by unanimous vote of the Council. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 468 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT AMENDING SECTION 25.56.302 TO CHAPTER 25 OF THE PALM DESERT MUNICIPAL CODE. CASE NO. ZOA 86-4. Mr. Diaz recommended that this ordinance be passed to second reading as indicated in the staff report dated August 14, 1986. Upon motion by Benson, second by Snyder, and unanimous vote of the Council, Ordinance No. 468 was passed to second reading. For Adoption: None IX. CONSENT ITEMS HELD OVER None 5 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • a • s - -s.- • • • X. NEW BUSINESS A. REQUEST FROM SANBORN F. RYLEE FOR COUNCIL CONSIDERATION OF THE MATTER OF PAYMENT/NON-PAYMENT OF SCHOOL FEES IN RELATION TO A PROPOSED 77 UNIT CONGREGATE CARE FACILITY. Mr. Phillips stated that Resolution No. 84-29 was currently in effect which provided that no building permits would be issued for development unless and until certain fees necessary to mitigate school impact were paid. He felt there might be a problem granting this appeal unless the City were to rescind the resolution. He recommended that the Council direct the applicant to take this matter up with the Desert Sands Unified School District. If the District agreed to a reduction or waiver of the fees and sent a letter to the City to that effect, the City would honor such letter. MR. LEONE SANBORN, 250 Newport Center Drive, Newport Beach, stated that his firm had been advised by the Planning Department that the proposed facility would be exempt from school fees and that there was a letter from the School District to that effect. He had not seen the letter but stated he had been told that Dr. Ken Meberg of the School District had subsequently sent a second letter rescinding the first one. He added that he had met with Dr. Meberg and requested that this matter be taken up with the School Board, which has indicated that this is a problem for the Palm Desert City Council to resolve. He reviewed his letter dated July 29, 1986 (on file and of record in the City Clerk's Office). He added that he had also been informed that the Attorney General had ruled that this type of facility is exempt from school fees. Mr. Phillips suggested that a meeting be set up between the School District, City of Palm Desert, and City Attorney's Office to try and resolve this problem. Councilman Snyder agreed with Mr. Phillips and added that the City receives none of the money collected for school fees. He felt that the developer did have an indebtedness unless the School District chose to waive or reduce the fees. 6 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • a • • • • • • • • • • • • • • • • Mayor Kelly suggested that the City Manager set up this meeting to discuss the issue and provide Mr. Sanborn with information as to what will be done from this point on. Mr. Altman stated that he had talked to the School Superintendent who advised that the fees must be paid. He felt that this should not be continued; instead, the appeal should be denied based on the effective resolution. If during the meeting the School District decides to waive or reduce the fees, this could be done admin- istratively. Upon question by Councilman Wilson, Mr. Phillips stated that if the Attorney General's Office had ruled that these facilities are exempt from paying school fees, he believed it could also be handled administratively. Upon question by Mayor Kelly, Mr. Phillips stated he would prefer recommending denial of the appeal rather than a continuance and immediately have a meeting with the School District to discuss this matter. If it cannot be handled administratively, then it should be brought back to the Council for reconsideration. Councilman Wilson moved to deny the appeal by Sanborn & Rylee for consideration of nonpayment of school impact fees. Motion was seconded by Benson and carried by unanimous vote of the Council. B. CONSIDERATION OF CHANGE IN TRAFFIC CONTROLS AT THE INTERSECTION OF SHADOW MOUNTAIN DRIVE AND TUMBLEWEED LANE. Mr. Folkers reviewed the staff report and recommendation. Mr. Altman noted that the staff report indicated Joshua Road when it should be Joshua Tree Road. Councilman Snyder moved to, by Minute Motion: 1) Change the street status and make Tumbleweed Lane a through street between Shadow Mountain Drive and Ocotillo Drive; 2) Replace the stop sign for Tumbleweed Lane at Joshua Tree Road with a yield sign; and 3) Make the four-way stop at the intersection of Shadow Mountain Drive and Tumbleweed Lane a permanent stop. Motion was seconded by Wilson and carried by unanimous vote of the Council. 7 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • C. REQUEST FOR AWARD OF CONTRACT #00-146 FOR DESIGN SERVICES OF THE LIVING DESERT BIKEWAY AND MARRAKESH LINEAR PARK. Mr. Diaz reviewed the staff report, noting that due to time limits by Riverside County Transportation Commission and Caltrans, the City must proceed at this time. Upon questions by Councilmembers Benson and Wilson, Mr. Altman responded that although ASL Consulting Engineers was not the low bidder for this contract, they did have the drainage background necessary for the project. He added that staff had met with the firm submitting the lowest proposal, and they had admitted they did not have the drainage background to do this job. He noted that the low bidder had previously been awarded other contracts for the City which they were qualified to do. Councilman Wilson moved to, by Minute Motion, award the design contract for the above contract to ASL Consulting Engineers in the amount of $51,035 with a ten percent contingency. Motion was seconded by Snyder and carried by unanimous vote. D. CONSIDERATION OF REQUEST TO EMPLOY KINLEY SIMPSON AND ASSOCIATES FOR CONSULTING SERVICES IN CITY'S PETITION TO THE FEDERAL COMMUNICATION COMMISSION (CONTRACT #00-147). Mr. Ortega reviewed the staff report and recommendation dated August 4, 1986, noting that the City's ability to regulate rates charged cable television subscribers will stop on December 29, 1986, unless a firm is hired to determine that we do not receive three television signals per criteria established under the Cable Television Act of 1984. He added that the firm hired by the City would also file a petition with the FCC stating those stations they determine to be significantly viewed signals are not available in the Valley except through Coachella Valley Television. He stated that representatives from Kinley Simpson and Associates were available to answer any questions. MR. STUART NAZARRO, General Manager of Coachella Valley Television, reviewed his letter dated August 11, 1986 (on file and of record in the City Clerk's Office). He stated that his company would only raise rates to what they would have been if they were still regulated. He added that he felt they had done a good job in providing 8 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • cable television for the Coachella Valley and did not want to get into any situation which could possibly lead to litigation or any FCC hearing. Mr. Altman stated that he had attended several meetings with the cable people, attorneys, and Mr. Ortega. He felt the only way to regulate rates was to follow the steps outlined in the staff report and file with the FCC. Councilman Wilson stated that Mr. Nazarro's proposal assured that cable rates would be the same for one year. However, there is no assurance that they would not sky- rocket after that one year. Upon question by Councilman Wilson, Mr. Ortega responded that even if the rates were increased as proposed by Mr. Nazarro, under State law the City cannot hold them to it. He added that one of the items investigated was whether or not the City could work out a side agreement with CVTV, and they are specifically prohibited from giving up those rights. Upon question by Mayor Kelly, Mr. Ortega responded that the firm could proceed with the engineering study and provide its results to the Council prior to receiving approval to file with the FCC. Councilmember Benson moved to, by Minute Motion, hire the firm of Kinley Simpson and Associates to perform the engineering study as outlined in Step 1 of their proposal dated May 8, 1986, and to report back to the Council with the results prior to receiving Council approval to file a petition with the FCC. Motion was seconded by Wilson and carried by unanimous vote. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REPORT ON TELEPHONE SYSTEM. Mr. Warner reviewed his memo dated August 4, 1986, noting that staff recommended approval of the power transfer system with eight trunk lines which would be automatically activated during a major system failure, such as in the recent earthquake. He added that Executone would be 9 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • -• -- --• • • • doing monthly testing of the system and had put the City within a two-hour response time. Staff also recommended waiting on the UPS power supply system until the generator system can be looked at. Council concurred with the staff report and instructed Mr. Warner to proceed with plans as outlined. XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Altman reported he had received a letter from Mr. Robert M. Barton of Charter Communities dated August 13, 1986, requesting an informal meeting with the City Council regarding senior housing overlay zoning. Mr. Diaz stated this project was scheduled to be considered by the Planning Commission at its next meeting; however, since the request was for a change in the development agreement, the matter would be continued to the first Planning Commission meeting in September. Councflmember Benson stated she felt the middle of a project was not the time to start raising concerns with the ordinance and that the developer should either continue the project as started or withdraw and begfn again. Mayor Kelly expressed his feeling that no one should be denied an opportunity to meet with the Council. He felt if they wanted to speak with the entire Council, it should be done at a Council meeting. However, there would be no problem if the developer wished to meet with one Councflmember and staff. After additional discussion, Council concurred that no special meeting or study session would be held; however, if Mr. Barton wished to meet with staff and a Council representative, he could do so. B. CITY ATTORNEY 1. Rent Review Commission Mr. Phillips stated that at a previous meeting, Councflmember Benson had asked Mr. Dave Erwin to look into the matter of changing the base month used 10 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • . • • • • • * • . . • * • • • • • • • * •- • • • in the City's rent control ordinance. He distributed copies of the report (on file and of record in the City Clerk's Office). He noted that there were several parks which had already gone through the hearing process. At the next hearing in each of those parks, it would be necessary to modify the base figures that the Rent Review Commission works from. 2. Mr. Phillips requested a Closed Session under Government Code Section 54956.9 (c) for the purpose of discussing pending litigation. C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Wilson stated his concern with traffic travelling south on Monterey. Once it crosses Country Club Drive, there is only one lane going south, while there are two lanes going north. He felt there was sufficient pavement for two lanes, especially since there was a yellow turn lane with no place to turn in most of that area. He asked if staff could work with the City of Rancho Mirage to change this situation. Mr. Folkers responded that he would look into this matter. Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 5:19 p.m. to Closed Session under Government Code Section 54956.9 (c) for the purpose of discussing pending litigation, said Closed Session to immediately follow adjournment of the Redevelopment Agency Meeting. He reconvened the meeting at 6:05 p.m. with no action taken or announced and immediately recessed for dinner. The City Council meeting was reconvened at 7:00 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. ORAL COMMUNICATIONS - B MRS. RHEO LAWMAN, 73-816 De Anza, Palm Desert, addressed the Council regarding the deterioration of her neighborhood east of Portola on De Anza Way, which she called a "slum area". She passed around pictures of the neighborhood (on file and of record in the City Clerk's Office) and asked for the Council's 11 i MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING —AUGUST'14, 1986 s a a s • s a a • s s a a a a s s s s s •-- -i • • + help. She added that she felt there should be some kind of homeowners' regulations which state that people have to take care of their property. She also was concerned with businesses being conducted out of residences on De Anza. Mayor Kelly agreed that it was an unsightly situation and assured Mrs. Lawman that this Palma Village area had been identified as a target area to be upgraded in the next year or two. He added that he would work with staff to see what could be done in the interim to clean up the area. Upon question by Councilmember Benson, Mrs. Lawman stated that there was a gardening service which was working out of that area again. Mr. Altman suggested inviting Mrs. Lawman to go out with Mr. Wayne Ramsey of the Code Compliance Department and point out these areas of concern, and she agreed to do so. XVI. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF APPEAL OF PLANNING COMMISSION CONDITION FOR THE PAYMENT OF SCHOOL IMPACT FEES FOR A SIX UNIT SENIOR HOUSING APARTMENT PROJECT. (HARRY SCHMITZ, APPELLANT). Mr. Phillips reported that Resolution 84-29 currently requires that these fees be collected at the time building permits are issued unless there is an agreement between the applicant and the School District to the contrary. He recommended that a resolution be adopted denying the appeal based on the fact that the school impact fee resolution is still in effect. Mayor Kelly declared the public hearing open and invited testimony fn FAVOR of or OPPOSED to this appeal. With no testimony offered, Mayor Kelly declared the public hearing closed. Upon motion by Snyder, second by Wilson, Resolution No. 86-91, denying the appeal and affirming the Planning Commission decision, was adopted by unanimous vote of the Council. 12 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • • • a • • B. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP, AND NEGATIVE DECLARATION OF ENVIRON- MENTAL IMPACT FOR A 149,600 SQUARE FOOT RETAIL/COMMERCIAL SHOPPING CENTER CONSISTING OF 18 LOTS WITH INGRESS/EGRESS AND PARKING EASEMENTS ON A 15.2 ACRE SITE, ZONED PC (3) S.P. LOCATED ON THE WEST SIDE OF TOWN CENTER WAY BETWEEN HIGHWAY 111 AND FRED WARING DRIVE (AHMANSON DEVELOPMENTS, APPLICANT). Mr. Diaz stated that this request had been called up for Council review because of the sensitivity of the area involved. Staff and the Commission had had reservations about the project, but changes were made by the applicant to mitigate these concerns. He noted that the applicant would be installing a theme sculpture in accordance with the newly proposed Art in Public Places ordinance and that they were talking to Sunline about incorporating a bus stop as it would be to their benefit as well as to Sunline`s. He reviewed Conditions 9, 12, 14, 17, and 19 as imposed by the Planning Commission, all of which had been added or amended to mitigate concerns raised. He noted too that the height of two proposed towers had been reduced to the limit of 30 feet. However, the Architectural Review Commission recommended that the City Council allow the requested 40 feet for aesthetic purposes. Mayor Kelly invited testimony in FAVOR of the request, and the following spoke: MR. ROY COLEMAN, Ahmanson Company, stated his firm had worked with staff over a three month period as well as with the Architectural Review commission. He said that they agreed to adhere to all conditions of approval imposed by the Planning Commission and asked that the City Council grant approval. Mayor Kelly invited testimony in OPPOSITION to the request, and the following spoke. MS. MARIAN HENDERSON, 73-597 Pinyon Street, Palm Desert, opposed the project for the following reasons: its approval should not be considered during the summer months when so many people were not in town; the towers were too high and will block the view of the mountains and would be an eyesore; the block wall which she felt 13 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14. 1986 • • • • • • • • • • • • • • • • • • • • • • • • • should be a fence with shrubbery growing on it. She concluded her remarks by saying she felt that too many of the new buildings on Highway 111 stuck up like sore thumbs and asked that Council be more careful in its future approvals. Mayor Kelly invited further testimony, and none was offered. He closed the public hearing. Councilmember Benson said that this whole area was expanding so rapidly that she could not understand how the City could say this project would not have a negative impact on the traffic in the area. She said that Council should not be looking at one project but the area as a whole. She did not feel that three feet of berms ng was high enough to hide the parking from the street. Last, she opposed the bell towers. She noted that the Town Center did not have them but was attractive enough. She asked if staff knew who the tenants of this project would be. MR. GREG SIMON, Ahmanson Company, responded that firms such as Mervyns, Lamps Plus, Linens and Things, Ross Stores, Marshalls, and Craft Mart were all being considered as tenants. Upon question by Councilman Snyder, Mr. Diaz responded that the widening of Highway 111 and additional signaliza- tion will accommodate the traffic for this project. At the request of the applicant and with concurrence from the City Council, Mayor Kelly reopened the public hearing. MR. CURT ELI, 38-700 Bob Hope Drive, Rancho Mirage, stated that they had been working on this project for over three months, with staff, the Architectural Review Commission, and the Planning Commission. He said they had voluntarily lowered the towers. With regard to an EIR on the entire area, he said that their project would not create a substantial adverse impact on the environment. MR. RICK GAYLORD, 199 S. Las Roples, Pasadena, said that the parking lot for their project was lower than the site across the street and that it would be adequately screened. He said they felt that a berm was a much softer 14 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • way of screening. He too said that the developer had voluntarily lowered the towers. Mayor Kelly declared the hearing closed. Councilman Wilson stated that while the issue was raised that this project was being considered at the wrong time of year with rebuttal that it had been in for three months, in reality, it was being considered for a year. It started with Mervyns and a zone change to commercial. It had been back and forth between Architectural Review Commission and Planning Commission for months, so he could not buy the timing argument. He said he too disliked tall structures and would like to see buildings lower. With regard to the berming, he said he would like the parking screened from the street and if three feet would accomplish this, then three feet should be a sufficient condition. He concluded by stating that this project had been worked over as much or more than any project in the City and that it had been thoroughly reviewed. He felt that a lot of fine effort had been made to address the City concerns. Councilman Snyder agreed that it was unfortunate that the final approval came during the summer but noted that the City could no longer consider itself seasonal but rather a year-round city. He felt that the developer had attempted to alleviate all the City's concerns and while it was not everything he would like, it was a good compromise. He said the traffic problems discussed were not just a City problem but rather a valley -wide problem, and he said the widening of Highway 111 with Rancho Mirage would alleviate many of these problems. Upon further discussion about the berming, Councilman Wilson asked if the condition could be worded to require three feet or more, subject to the approval of the Directors of Community Services and Public Works. Doug Phillips responded that this could be incorporated. Mr. Diaz recommended that the following conditions be amended to mitigate Council concerns: 23. Plans for all pad sites shall be submitted to the City Council for approval after review by the Architectural Review Commission. 15 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • • ---• • • • 12. Special attention shall be given to assure that cars are adequately screened even if higher berming is needed. Upon motion by Wilson, second by Benson, Resolution No. 86-92, amended to include revised Conditions 12 and 23, was adopted by unanimous vote of the City Council. C. REQUEST FOR APPROVAL OF CHANGE OF ZONE, PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A RETAIL/RESORT COMMERCIAL PROJECT OF SOME 90,636 SQUARE FEET ON A NINE ACRE SITE LOCATED AT THE NORTHEAST CORNER OF FRED WARING DRIVE AND HIGHWAY 111 (JOE SEITZ, APPLICANT). Mr. Diaz reviewed the staff report and recommendation, noting that the Commission, In its review and approval of the project, had dealt with concerns about the building heights, a farmers market, a service station, and drive through restaurants. He said that the drive through restaurants had been eliminated because current City policy prohibited them. He said that concerns about the other items had been mitigated by the developer. He suggested that the Council add a condition of approval that would require: "buildings on the independent pads be brought to the City Council for final approval after Architectural Review Commission approval." He concluded by stating that both staff and the Planning Commission recommended approval of the project. Councilman Wilson stated there was over 47,000 sq. ft. of commercial uses in this project, and he did not think that it fit into the PC4 zone. He asked if that was discussed at the Planning Commission and if so, what were some of the conclusions that justified these uses in the PC4 zone. Mr. Diaz responded that the Commission had concluded that the hotel project and this project were one entire project and that these buildings were ancillary to the hotel. Councilmember Benson said she did not consider a grocery store an ancillary use to a hotel. Planning Commission Chairman Buford Crites said that the Commission felt that the farmers' market was unique and would be good adjacent to a hotel. In response, Council - member Benson said she had visited the Christian Bros. 16 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Farmers' Market and felt it was nothing more than a Jensen's Market or Safeway Market -- a grocery store. Mayor Kelly declared the hearing open and invited testimony, and the following spoke in FAVOR of the project. MR. BRUCE GREEN, Protect Manager, addressed Council in support of the request. He said that the farmers' market was a unique concept and an appropriate use adjacent to a hotel. He reviewed the changes they had made to the project to mitigate Council concerns. Mayor Kelly invited testimony in OPPOSITION to the project, and the following spoke: MR. DAVE EVERS, 72-450 Manzanita, said he was an adjacent neighbor of the project. His neighborhood had a traffic problem now, and he felt a hotel would only make the problem worse. He said he and his neighbors did not want sidewalks from their area to this project as was proposed. He also asked what this project would do to his property values. Mr. Diaz responded that there was not drive through or walk through from this residential area. The sidewalk that ran adjacent to the property could be eliminated if the residents so desired it to be. Mayor Kelly declared the hearing closed. Counci lmember Benson said she did not feel the proposed uses were in accordance with the PC4 zoning. She did not feel the project was of the deluxe quality the City wanted for its entrance. Mayor Kelly said that this project was not in keeping with the commercial uses the City wanted there. He said there was another gas station across the street from this project, and he did not feel the area needed two. Councilman Snyder said he had a problem with the proposed commercial uses in this PC4, Scenic Preservation zone. He said that whatever goes on this property must take into consideration there is a residential zone next to it and it must protect it. 17 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • -• • • • • Councilman Wilson said that the project looked too heavy to be just general retail. He said the intent of the PC4 zone is not what was being proposed; it was to be auxilliary services to a hotel zone. He said to him a farmers' market was an outdoor market with a festive atmosphere, not a deluxe grocery store. He said he had a problem with restaurants being as close to a residential area as proposed in this project. Councilmember Benson moved to instruct staff to prepare a resolution of denial and to refer the matter to the Planning Commission for comment, said comments and resolution of denial to be presented to the Council at its meeting of September 11, 1986. Motion died for lack of a second. With Council concurrence, Mayor Kelly reopened the hearing for further testimony. MS. CAMILLE COURTNEY, D & D DEVELOPMENT, said her firm owned the land which was now In escrow for this project. She felt the farmers' market was festive and a desirable ancillary use for the hotel. She said the uses proposed were dictated by the market place. She said they were agreeable to a continuance if it expedited approval. Mayor Kelly declared the hearing closed. Councilman Wilson moved to continue the matter to the meeting of September 11, 1986, with direction to staff to take it back to the Planning Commission with Councfl's concerns and in particular a closer look at the question of "is this project appropriate for the zoning on the land?" Councilmember Benson seconded the motion. Motion carried by unanimous vote. D. REQUEST FOR APPROVAL OF A SENIOR OVERLAY CHANGE OF ZONE, PRECISE PLAN/CONDITIONAL USE PERMIT, DEVELOPMENT AGREEMENT, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF 113 CONVENTIONAL SENIOR APARTMENTS ON 7.2 ACRES LOCATED ON THE SOUTH SIDE OF COUNTRY CLUB DRIVE BETWEEN SAN TROPEZ VILLAS AND THE FOUNDATION FOR THE RETARDED (PALM DESERT VILLAS, INC., APPLICANT). Mayor Kelly declared the hearing open and asked for staff's report. Mr. Diaz reviewed the report and recommendation for approval. 18 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 14, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly invited testimony in FAVOR of the project, and the following spoke: MR. RON DILLERY, 39-448 Warm Springs Road, Palm Springs, stated his concurrence with the staff report. He said the 2,000 square foot area mentioned was a central area in the main two-story building which will be used for a library, a staging area, and musical area. He said that they had met with Van Cadenhead of the Senior Center who told them there was a great need for this type of project. Mayor Kelly invited testimony in OPPISITION to the request, and none was offered. He closed the public hearing. Councilmember Benson said while she did not object to the location of the project, she did object to the density. Councilman Wilson said that San Tropez Villas, adjacent to this project, was built at 22 units to the acre. Upon motion by Wilson, second by Kelly, Resolution No. 86-94 was adopted by a 3-1 vote of the Council with Councilmember Benson voting NO. Upon motion by Wilson, second by Kelly, Ordinance No. 470 was passed to second reading by unanimous vote of the Council. Upon motion by Wilson, second by Snyder, Resolution No. 86-95 was adopted and Ordinance No. 471 was passed to second reading by unanimous vote of the Council. Councilmember Benson asked for a total number of senior units approved by the Planning Commission and/or City Council before any more are put on the boards. Mr. Altman said such a report would be sent to Council. Councilmember Benson asked about the property once proposed for a hilltop restaurant which the Planning Commission had recently considered and approved for residential development. She asked about the road and utilities and whether or not installation of same was conditioned compatibly to that of the previous request. Mr. Diaz suggested that Council adopt a motion calling the request up for consideration if in fact the road and its screening were not approved at the same level of condition as set forth by Council in the previous action. 19 MINUTES ADJOURNED/REGULAR CITY COUNCIL MEETING • • • • • • • • • • • • • * AUGUST 14, 1986 • • • • • • •• • • • • Councilman Wilson so moved and Councilmember Benson seconded the motion. Motion carried by unanimous vote. Councilman Wilson suggested that two additional Oral Communication sections be added to the agenda -- one at the close of the 4 p.m. session and one at the close of the 7 p.m. session. Mrs. Gilligan said they would be added to the next Council agenda. XVIII. ADJOURNMENT Upon motion by Wilson, second by Snyder, and unanimous vote of the Counci 1 , Mayor Kelly adjourned the meeting to 4 p.m. on Thursday, August 28, 1986. ATTEST: ✓SHEILA R. G-YCLIGAN, Y CLERK CITY OF PALM DESERT, ALIFORNIA 20 RIfiARD S. K LL , MAYOR 7