HomeMy WebLinkAbout1987-12-10MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, DECEMBER 10, 1987
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:10 p.m.
!I. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson
111. INVOCATION - Mayor Jean M. Benson
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor Pro-Tempore S. Roy Wilson
Mayor Jean M. Benson
Also Present:
Bruce A. Altman, City Manager
Carlos L. Ortega, Assistant City Manager
Doug Phillips, Deputy City Attorney
Sheila R. Gilligan, City Clerk/Public Information Officer
Richard J. Folkers, Director of Public Works
Ramon A. Diaz, Director of Community Services
Kirby J. Warner, Director of General Services
Wayne Ramsey, Code Compliance Officer
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of November
12, 1987.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR 1101. WR 1104. WR 1107, WR 1017 and WR 1015.
Rec: Approve as presented.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
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C-I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Morry Desert
Falls Inc for Desert Falls Country Club, 1111 Desert Falls
Parkway, Palm Desert.
Rec: Receive and file.
C-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jack 0. Wise
for Wise Palm Desert Athletic Club, 73-600 Alessandro,
Palm Desert. -
Rec:
Refer to the Department of Community Services
for processing of Conditional Use Permit.
C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gary M. and
Steffani L. Watters for Rico Taco, 72-840 Highway 111,
#353, Palm Desert.
Rec: Refer to the Department of Community Services
for processing of Conditional Use Permit.
C-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Barbara
Jeanne and Leroy Wayne MacMillan for MOM'S, 72-840 Highway
1I1, #341, Palm Desert.
Rec: Refer to the Department of Community Services
for processing of Conditional Use Permit.
C-6. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ho T. and
Michelle M. Kim for Samurai, 72-840 Highway 111, #351,
Palm Desert.
Rec: Refer to the Department of Community Services
for processing of Conditional Use Permit.
C-7. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Michael
Joseph Castel l i for Andreinos, 73-098 Highway 111, Palm
Desert.
Rec: Refer to the Department of Community Services
for processing of Conditional Use Permit.
D-1. CLAIM NO. 058 AGAINST THE CITY by Stephen Komarinsky in an
Amount in Excess of $300,000.
Rec: By Minute Motion, deny the Claim and Instruct
the City Clerk to so advise the Claimant.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10. 1987
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D-2. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM by the Estate
of Melvin Friedman In an Unspecific Amount (Claim No.
060).
Rec:
By Minute Motion, deny the Application to File
Late Claim and instruct the City Clerk to so
advise the Claimant.
0-3. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM by Geraldine
Friedman In an Unspecific Amount (Claim No. 061).
Rec:
By Minute Motion, deny the Application to File
Late Claim and instruct the City Clerk to so
advise the Claimant.
D-4. CLAIM NO. 062 AGAINST THE CITY by Melvin and Geraldine
Friedman In An Unspecific Amount.
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so advise the Claimant.
E. RESOLUTION NOS. 87-104, 87-105, AND 87-106 - RESOLUTIONS
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.
F. RESOLUTION NO. 87-107 - 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
FINANCE DEPARTMENT THAT HAVE BEEN MICROFILMED.
Rec: Waive further reading and adopt.
G. REQUEST FOR AUTHORIZATION to Fill an On -the -Job Injury
Vacancy.
Rec:
Waive further reading and adopt Resolution No.
87-108, temporarily filling a Public Works
Department Senior Maintenance Worker vacancy
created by the on-the-job injury.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBE"R 10, 1987
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H. CONSIDERATION OF A REQUEST by the El Paseo Business
Association to Create Four Business Categories and
Increase the Fees.
Rec:
By Minute Motion, direct staff to draft the
appropriate resolutions/ordinances and set a
Public hearing to consider said request.
I. REQUEST FOR APPROVAL of Agreement No. 00-205-1, a Revised
Cooperation Agreement Community Development Block Grant
Funds Implementing the Housing and Community Development
Act of 1974 As Amended by the Housing and Urban Rural
Recovery Act of 1983.
Rec: By Minute Motion, ratify the Mayor's signing the
revised agreement.
J-I. REQUEST FOR AUTHORIZATION TO SET PUBLIC HEARING to
Consider Vacation of a Portion of Street Right -of -Way
Known as Driftwood Street and Deep Canyon Road.
Rec: Waive further reading and adopt Resolution No.
87-109, setting the public hearing.
J-2. REOUEST FOR AUTHORIZATION TO SET PUBLIC HEARING to
Consider Vacation of Right -of -Way for Superblock I.
Rec: Waive further reading and adopt Resolution No.
87-110, setting the public hearing.
K. REQUEST FOR APPROVAL of Final Tract Map 22690-1, Temple
Development, Applicant.
Rec: Waive further reading and adopt Resolution No.
87-111, approving Tract Map 22690-1.
L-1. REQUEST FOR AWARD OF CONTRACT NO. 00-207 - 1987-88 Curb
and Gutter Repair Program.
Rec:
By Minute Motion, authorize the Mayor to enter
into a contract with Massey Sand & Rock Company
in the amount of $63,365.30 plus a 10%
contingency of $6,336.53.
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REGULAR PALM DESERT CITY COUNCIL MEETING
DECEMBER 10, 1987
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L-2. REQUEST FOR AWARD OF CONTRACT NO. 00-255 - Traffic Signal
Maintenance Service Contract (Project 558-88).
Rec:
By Minute Motion: 1) Award the contract to
Superior Signal Service Corp, the lowest
responsible bidder, in the amount of $45,000 and
authorize a 10% contingency reserve for the
contract in the amount of $4,500 for the
maintenance of the City's traffic signals.
L-3. REQUEST FOR AWARD OF CONTRACT NO. 00-263 - Realignment of
Deep Canyon at Highway 111 (Design Engineering Project
633-88).
Rec:
By Minute Motion, authorize the Mayor to enter
into a contract with Charles Haver 8 Associates
in the amount of $53,900 as the negotiated
quotation amount and authorize a 10% contingency
reserve in the amount of $5,390.
M. CITY FINANCIAL STATEMENTS AND AUDIT REPORTS FOR FY 86-87.
Rec: Receive and file.
N . REQUEST FOR REFUND of Part of Applicant Fee, Ralph and
Vonna Westfall, Applicants, for Case No. C/Z 87-3.
Rec: By Minute Motion. approve the refund in the
amount of $185.
O . REQUEST FOR AUTHORIZATION to Seek Competitive Bids for the
Construction of the Building Shell for the Senior Center
Expansion.
Rec: By Minute Motion, instruct the City Clerk to
seek bids for said expansion.
P . REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00- 1 76.
Silver Spur Storm Drain (Project No. 506-87).
Rec:
By Minute Motion, accept the work as complete
and authorize the City Clerk to file a Notice of
Completion.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
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Q. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
00-202 - Landscape Design Services for the Medians on Fred
Waring Drive, Monterey Avenue. and Magnesia Falls Drive
(Project 592-87).
Rec:
By Minute Motion: I) Approve Change Order No. 1
in the amount of $1,250.25 for architectural
services conducted by Wayne Carlton Connor E.
Associates; and 2) Appropriate an additional
$550.25 from the General Fund Budget Reserve.
R. REOUEST BY GEORGIA PELLEGRINO for Consideration of an
Ordinance Prohibiting and/or Restricting the Flying of
Motorized Model Airplanes in Residential Areas.
Rec: Refer to staff for report and recommendation.
S. REQUEST FOR CONSIDERATION of El Paseo Speed Limit from
Highway 74 Easterly to Highway 111 at Cabrillo Avenue.
Rec:
By Minute Motion, declare El Paseo from Highway
74 easterly to Highway 111 a business district
under the California Vehicle Code Nos. 235 and
240 which would declare El Paseo a posted speed
limit of 25 miles per hour.
T. INFORMATION ITEMS:
1. Earthquake Town Hall Meeting.
2. Bingo Permits.
3. Progress Report on Haystack Landscape Maintenance.
Mr. Altman asked that Item 0 be removed for separate discussion
under the Consent Calendar Items Held Over portion of the
Agenda. Mayor Benson asked that Item G also be removed for
separate discussion.
Upon motion by Crites, second by Kelly, and unanimous vote of
the City Council, the Consent Calendar, with the exception of Items G and
Q, was approved as presented.
VI. ORAL COMMUNICATIONS - A
DR. THOMAS FARRELL, 73-012 Skyward Way, Palm Desert, addressed
the Council relative to what he felt was a dangerous traffic
situation around the Alamo/Haystack/Skyward Way area. He said
there were no stop signs or speed limit signs posted on Alamo,
which was the only through street between Mesa View and
Haystack, and that he and his neighbors feared for the safety
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REGULAR PALM DESERT CITY COUNCIL MEETING
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DECEMBER 10, 1987
of their children. He asked that City staff look into the
matter.
Mayor Benson stated that the situation would be looked into and
that staff would give a report at the next Council meeting.
Vll. RESOLUTIONS
A. RESOLUTION NO. 87-112 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE
ISSUANCE OF TAX ALLOCATION BONDS.
Mr. Altman stated there was a memo in the packets from the
Assistant City Manager. He recommended adoption of the
resolution.
Councilman Crites moved to waive further reading and adopt
Resolution No. 87-112. Motion was seconded by Kelly and carried by
unanimous vote of the Council.
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 519 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE
PARKING OF TRUCKS AND RECREATIONAL VEHICLES.
Mr. Phillips stated that he had additional information for
the Council and read the proposed language of this
ordinance. He noted that it would not apply to vehicles
brought into the City, while City offices are closed, for
the sole purpose of loading and unloading the vehicle. He
said that the Council could add any other exemptions it
wished.
After discussion, the Council concurred that the ordinance
should be amended as follows: 1) Add an exemption for the
loading and unloading of recreational vehicles; 2) No fee
to be charged for the permits; 3) The maximum number of
permits per year per applicant should be limited to six:
and 4)- In the event the City offices are closed when a
recreational vehicle arrives in the City, no permit would
be required until the next day the City offices are open.
Councilman Kelly moved to waive further reading and pass
Ordinance No. 519 to second reading, amended as noted above. Motion was
seconded by Crites and carried by unanimous vote of the Council.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
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For Adoption:
A. ORDINANCE NO. 521 - AMENDING SECTION 3.40.070 OF THE PALM
DESERT MUNICIPAL CODE AS IT RELATES TO THE ELECTION OF
OFFICERS FOR THE EL PASEO PARKING AND IMPROVEMENT AREA.
Mr. Altman stated that no changes had been made since
introduction of this ordinance. He recommended its
adoption.
Upon motion by Kelly, second by Wilson, Ordinance No. 521 was
adopted by unanimous vote of the Council.
B. ORDINANCE NO. 522 - APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT FOR A SENIOR HOUSING PROJECT LOCATED
ON 23 ACRES LOCATED ON THE NORTH SIDE OF FRED WARING
DRIVE, 1400 FEET EAST OF COOK STREET.
Mr. Altman recommended adoption of this ordinance, noting
that no changes had been made since its introduction.
Upon motion by Crites, second by Kelly, Ordinance No. 522 was
adopted by unanimous vote of the Council.
C. ORDINANCE NO. 523 - APPROVING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND PREANNEXATION ZONING FOR
APPROXIMATELY 119 ACRES WEST OF COOK STREET BETWEEN 42ND
AVENUE AND THE WHITEWATER STORM CHANNEL.
Mr. Altman stated that this ordinance was introduced at
the last Council meeting and that no changes had been
made. He recommended its adoption.
Upon motion by Crites, second by Kelly, Ordinance No. 523 was
adopted by unanimous vote of the Council.
D. ORDINANCE NO. 524 - APPROVING ZONING ORDINANCE AMENDMENTS
RELATING TO TRAFFIC SIGHT OBSTRUCTIONS.
Mr. Altman recommended adoption of this ordinance, noting
that no changes had been made since its introduction.
Upon motion by Wilson, second by Snyder, Ordinance No. 524 was
adopted by unanimous vote of the Council.
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REGULAR PALM DESERT CITY COUNCIL MEETING
DECEMBER 10, 1987
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IX. CONSENT ITEMS HELD OVER
G. REQUEST FOR AUTHORIZATION to Fill an On -the -Job Injury
Var -icy.
Waive further reading and adopt Resolution No.
87-108. temporarily filling a Public Works
Department Senior Maintenance Worker vacancy
created by the on -the -.job injury.
Mayor Benson stated she had asked that this item be
removed so that staff could clarify what was actually
being requested.
Mr. Folkers stated that his department had been operating
without one Senior Maintenance Worker for thirteen months
due to an on-the-job injury sustained by George Rodgers.
He said he was requesting the addition of a Senior
Maintenance Worker position to compensate for the vacant
position.
Q. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
00-202 - Landscape Design Services for the Medians on Fred
Waring Drive. Monterey Avenue. and Magnesia Falls Drive
(Project 592-87).
Rec:
By Minute Motion: 1) Approve Change Order No. 1
in the amount of $1,250.25 for architectural
services conducted by Wayne Carlton Connor 8
Associates; and 2) Appropriate an additional
$550.25 from the General Fund Budget Reserve.
Mr. Altman stated that although the staff report and
recommendation indicated that the funds should be
appropriated from the General Fund Budget Reserve. they
should actually be appropriated from the Capital Proiect
Fund.
Councilman Crites moved to approve Item G as recommended by
staff and Item O as amended by Mr. Altman. Motion was seconded by Kelly
and carried by unanimous vote of the Council.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
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X. NEW BUSINESS
A. RE_QUE_ST_ BY FRED W._ VE I GA FOR RECONSIDERATION OF A
CONDITION OF APPROVAL FOR PRECISE PLAN 87-9 LOCATED AT 72-
621 SHADOW HILLS ROAD.
Mr. Diaz reviewed the memo from Deputy City Attorney Doug
Phillips (on file and of record in the City Clerk's
Office). stating that Condition of Approval #7 which the
applicant was requesting reconsideration of was
established prior to the Planning Commission hearing and
that no objections were made at that hearing. He said
there were also no objections at the time the City Council
approved the project. He said that staff and Mr. Phillips
felt all statutes of limitation to appeal the condition
had passed and that the condition should stand. He added
that even if the time period to appeal had not passed,
staff would still recommend that the condition be imposed
and that the wall be constructed five feet back from the
property line because of the location of the existing
building. He said the condition was an attempt to make
sure the project would have minimal impact on the
adjoining properties.
Mr. Phillips added that there had been some discussion as
to a possible conflict of interest on the part of one of
the Counciimembers and that after analyzing the matter, he
felt there was no conflict.
MR. DAN RUSSIE, 73-780 Grapevine, stated that he was the
owner of the property when the project was before the City
Council, that it was being purchased by Mr. Veiga, and was
in escrow at that time.
MR. BILL ROSSWORN, 41-543 Woodhaven, stated he had
represented Mr. Veiga in getting this project through the
City and that he did not understand why the wall could not
be put right on the property line. He added that they had
not been compensated for the five feet of property they
would be losing.
Counci iman Crites asked if the applicant knew of this
condition when the property was going through escrow and
whether they had the option of not purchasing the property
at that time. Mr. Rossworn stated they did know but had
already spent some money.
Mayor Pro-Tem Wilson stated that he was not sure about the
five foot setback but felt it belonged to the applicant.
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REGULAR PALM DESERT CITY COUNCIL MEETING
DECEMBER 10, 1987
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Councilman Snyder stated he did not feel a property owner
should be forced to put a wall five feet back on his
property.
Councilman Crites stated that he felt the applicant should
be filed an appeal or not gone ahead with the escrow.
Councilman Crites moved to deny the request. Motion died for
lack of a second.
Mayor Pro-Tem Wilson moved to continue the matter to the
meeting of January 14, 1988, in order to allow him time to look at the
site before making any decision. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
B. REQUEST FOR APPROVAL OF USE OF SENIOR OVERLAY LOW INCOME
IN -LIEU FEES FOR PROPOSED LOW INCOME SENIOR HOUSING
PROJECT ADJACENT TO SENIOR CENTER.
Mr. Ortega reviewed the staff report dated November 25th,
noting that the City had received a development proposal
from the firm of Cable and Rylee to use the senior overlay
in -lieu fees paid by developers for a low income senior
project to be located on a vacant three -acre site west of
the Senior Center. He recommended that a development
agreement be prepared for this project. He reviewed the
following funding options if the Council conceptually
approved the project: 1) Commit to a maximum amount of
assistance (i.e. $600,000) but only as it actually becomes
available in the in -lieu fee fund; 2) Commit to the full
assistance level with the assumption that $460,900 (from
Charter Communities project) will be available in the next
60 days. The balance would be made up by a loan from the
Redevelopment Agency's Low Income Housing Fund, to be
repaid when the additional fees are paid; and 3) Indicate
to potential developers that the City will entertain
proposals for the development of the site as a low income
senior housing proiect. The Agency would use eminent
domain to acquire the site for the successful developer.
MR. RYLEE, Cable and Rylee. stated that as part of his
firm's proposal, .375 acres would be deeded to the Senior
Center for its expansion, with the remainder of the land
to be used to construct 60 affordable units (12 studi'o.
450 square foot units at $247 per month; 24 one -bedroom.
625 square foot units at $357 per month; and 24 two -
bedroom, 880 square foot units at $484 per month).
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
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Mayor Pro-Tem Wilson asked for clarification that what the
Council was being asked at this time was whether or not it
was interested in seeing some kind of usage of that
property to provide low income senior housing and if the
City would participate by providing funding.
Mayor Benson added that staff was also asking which
alternative the Council wished to approve.
Councilman Kelly moved to, by Minute Motion, conceptually
approve the Cable and Rylee proposal as an appropriate candidate for the
Senior Low Income In -Lieu Fee and approve Option #1, committing to a
maximum amount of $600,000 as the funds become available. Motion was
seconded by Benson.
Councilman Snyder asked what would happen in the event the
Smallwood project did not go through, and Councilman Kelly
asked how much was set aside in the affordable housing
fund. Mr. Ortega responded that there were sufficient
monies set aside for that in the affordable housing fund.
Councilman Snyder agreed that this was an ideal location
for a senior housing project and stated he would be
willing to approve it in concept but would want to see
exactly what will be done and the philosophy behind the
authorization of this money.
Mr. Altman stated that staff would come back to the
Council with a development agreement spelling out the
particulars.
Councilman Crites asked that the motion be amended to indicate
Council's interest In assisting in the funding of the project in an
amount up to $600,000. Councilman Kelly amended his motion, and Mayor
Benson amended her second. Motion carried by unanimous vote of the
Council.
Upon question by Crites, Mr. Ortega responded that staff
will now have the property appraised and put together a
development agreement for Council consideration.
C. CONSIDERATION OF PROPOSED TRAFFIC SIGNALIZATION AT
MAGNESIA FALLS DRIVE AND PORTOLA AVENUE AND RUTLEDGE WAY
AND PORTOLA AVENUE.
Mr. Folkers reviewed the staff report, noting that neither
of the two locations had met the warrants for a signal.
He said a study had also been conducted to determine
whether four-way stops at those intersections were
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
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warranted, and they were not. He added that he had met
with parents earlier that week and had gone out the
previous afternoon to see if perhaps the studies had
overlooked and significant problems, and they had not. He
said that staff recommended the City not proceed with
signalization at either location at this time.
Councilman Crites asked if another study could be
performed at such time as we have recreational facilities
at the Civic Center to see whether or not a pedestrian
signal is warranted at one of those two intersections.
Mr. Folkers responded that staff intended to keep both
locations under surveillance.
Councilman Snyder moved to, by Minute Motion, determine: 1)
The existing crossing protection is adequate at Portola Avenue and
Rutledge Way; 2) The installation of traffic signals on Portola Avenue
and Rutledge Way or at Magnesia Falls Drive be deferred until the
warrants, as specified in the California Traffic Manual, are met; and 3)
The existing allocation for a traffic signal at Magnesia Falls Drive and
Portola Avenue be carried through FY 1987-88. Motion was seconded by
Wilson and carried by unanimous vote of the Council.
XI. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL of Cooperative Agreement with County
of Riverside for Project Area No. 2.
Mr. Ortega reviewed the staff report dated December 8th
and offered to answer any questions.
Upon question by Crites, Mr. Ortega stated that the
Redevelopment Agency will not begin repaying the County
until such time as the tax increment reaches $10 million.
Mayor Pro-Tem Wilson moved to approve the agreement
substantially in the form and content as presented at this meeting and
authorize the Mayor and City Clerk to execute the agreement and approve
any modifications recommended by the Redevelopment Agency Executive
Director. Motion was seconded by Benson and carried by unanimous vote of
the Council.
XII. OLD BUSINESS
A. CONSIDERATION OF LIBRARY STUDY PHASE 11 REPORT.
Mr. Diaz introduced Mr. Scott Miller from the consultant
firm of Deloitte, Haskins & Sells.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
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Mr. Miller presented the Feasibility Study Phase 11 report
for the Palm Desert Library (on file and of record in the
City Clerk's Office) and offered to answer any questions.
Councilman Crites asked how long it would be before the
third phase was completed if the Council accepted the
Phase 11 report at this time. Mr. Miller responded that
it would take approximately six to eight months to
complete Phase 1I1.
Councilman Crites asked how the Library Task Force felt
about this report. Councilman Snyder responded that it
felt the City would have something to be proud of for
years to come. He said that the next phase will tell how
the funding will be done and felt this report should be
accepted by the Council.
Councilman Crites moved to, by Minute Motion, accept the report
with congratulations and authorize staff to proceed with Phase III.
Motion was seconded by Snyder and carried by unanimous vote of the
Council.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Valet Parking at Bullock's Whilshire
Mr. Phillips stated that a 4/5ths vote was necessary
in order for the Council to consider this matter
which came up after the Agenda was posted. He said
the Council must make a finding pursuant to
Government Code Section 54954.2 that the item cannot
wait until the next Council meeting.
Councilman Snyder moved to determine that the action on
this item needed to be taken at this time and could not wait until the
next Council meeting, pursuant to Government Code Section 54954.2.
Motion was seconded by Wilson and carried by unanimous vote of the
Council.
Mr. Altman suggested that the Council hear from a
representative of Bullock's Wilshire.
MS. NURIA DISHMAN, Assistant General Manager of
Bullock's Wilshire, stated that she was requesting
Permission to have 54 valet parking spaces.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10. 1987
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Council Comments/Questions:
Snyder: This would be at the lower level by the
canopy? Ms. Dishman responded that it would.
Crites: Are these public parking spaces? Ms.
Dishman responded that they were. Crites stated he
had no objection to granting valet parking for one
day for someone special coming in but did not approve
of this request.
Ms. Dishman stated she was requesting that the valet
parking be approved for Saturday and Sunday. December
12th and 13th, as well as from December 19th through
24th from 10:00 a.m. until 5:00 p.m. or 6:00 p.m.
She stated that they had provided valet parking for
five days and had only gotten complaints from two
patrons who wished to park their own cars. which they
were allowed to do.
Kelly: Asked how it was determined whether or not
the patrons using the valet parking were actually
shopping at Bullock's. He noted there were several
restaurants in the City which provided valet parking
and asked how they had obtained permission to do so.
Stated that he was opposed to valet parking in any
public parking lot.
Mse Dishman stated they were trying to make it easier
for their patrons to come and shop at Bullock's.
However, there were times when patrons used the valet
parking and just walked through Bullock's to other
stores.
Mr. Diaz stated that the restaurants Councilman Kelly
referred to had received approval from the Technical
Traffic Committee and that staff would check into
these situations if there were problems.
Upon question by Crites, Ms. Dishman said she would
object to having a sign posted stating that the
Parking was for everyone.
Benson: Stated she felt it was misleading to people
to have this kind of parking.
Mr. Altman stated that one alternative would be to
have the valet parking at the Civic Center and
shuttle patrons over to Bullock's similar to what was
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
• * • • • * • a • • a • • a • • • • • • a • • a •
done the day after Thanksgiving by Lee Haven of the
Palm Desert Town Center.
Councilman Kelly moved to deny the request. Motion was
seconded by Benson and carried by unanimous vote of the Council.
B. CITY ATTORNEY
Mr. Phillips stated that there was a Closed Session
scheduled pursuant to Government Code Sections 54956.8,
Real Property Transactions, and 54956.9(a) and (b),
Pending and Potential Litigation.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Rescheduling of Kaffeeklatsch (Mayor Benson).
Mayor Benson stated that she and Mayor Pro-Tem
Wilson had discussed changing the Kaffeeklatsch
from the Tuesday mornings prior to Council
meetings and trying another time to see if more
citizens would participate. She said they had
discussed the fact that Councilmembers are in
their offices prior to the Council meetings and
suggested that the Kaffeeklatsches be held on
the second and fourth Thursday of each month
from 3:00 p.m. to 4:00 p.m.
Councilman Kelly stated that he felt this would
only make Council meeting days longer. He said
a lot of people had attended the Tuesday morning
Kaffeeklatsches, which he felt was a good way to
keep in touch with these people. He added that
this had been a very important part of his terms
as Mayor.
The Council agreed that Kaffeeklatsch will be held on
the second and fourth Thursday of each month from 3:00 p.m. to 4:00 p.m.,
Just prior to the Council meetings.
2. Report/Recommendation from Council Subcommittee
on Council Representation on Committees and
Commissions.
Mayor Benson reviewed the memo dated December
3rd regarding suggested Council appointments to
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
• • • • a • a • • • • • • • • • • • a • • a • • •
various committees and commissions (on file and
of record in the City Clerk's Office).
Councilman Crites suggested that included in the
letter to CVAG indicating Mayor Benson's
appointment to the Executive Committee should be
a recommendation that the bylaws be amended to
provide that the immediate past chairman of CVAG
serve as an at -large member of the Executive
Committee for a one year period in order to lend
expertise to the new chairman. The Council
concurred.
Mayor Pro-Tem Wilson moved to, by Minute Motion,
approve the Council Appointments as submitted with the December 3, 1987,
staff report. Motion was seconded by Crites and carried by unanimous
vote of the Council.
o City Council Committee Reports:
Mayor Jean M. Benson
1. Mayor Benson reported that the Palm Desert
Children's Choir had recently performed at the
Town Center for Christmas. She said it was
fantastic to see that the children could
memorize eight different songs in such a short
time.
2. Mayor Benson stated that Mayor Pro-Tem Roy
Wilson had recently been appointed to the South
Coast Air Quality Management District Board and
that she felt he would definitely be an asset to
that organization.
Mayor Pro-Tem Wilson stated that he owed his
success to Palm Desert's very persuasive Mayor
who contacted each mayor in Riverside County and
did a great job of lobbying for their votes.
Councilman Buford A. Crites
1.. Councilman Crites stated that when the Council
approved the project on the southeast corner of
El Paseo and Highway 74, it was with the
condition that space be provided for a major art
statement. since this is at an entrance to the
City. He said his perception of this corner now
was that it was like a K-Mart parking lot
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• • • • • • • • • • • • • • • • • • • • • • • • •
instead of El Paseo and that the amount of space
for the artwork was more like a birdbath. He
said he was very disappointed with the end
result of the approval, and he felt that corner
looked very different from what he believed had
been approved.
Mayor Pro-Tem Wilson asked that staff provide,
as an information item on the next agenda, the
site plan and staff report regarding the project
as originally approved by the Planning
Commission.
2. Councilman Crites stated that he had recently
represented the City in Sacramento during the
hearings relative to Senate Bill 709 which would
provide better equity in property tax
distribution to low- and no -tax cities. He
asked Mr. Ortega to update the Council on this
bill.
Mr. Ortega reviewed the status of the bill,
noting that the low- and no -property tax cities
had some very strong allies in Sacramento, and
if the cities continued to work with them, they
would not be left out in the cold.
XIV. ORAL COMMUNICATIONS - 8
MR. TONY CAMPANERO, 73-037 Haystack Road, stated he wished to
speak with the Council relative to the green belt on Haystack
Road. He said that six months ago he and several others in his
neighborhood had been advised that the City would maintain the
green belt on Haystack Road until the end of January. After
that time it would be up to the homeowners to reach some type
of agreement to provide the maintenance. He said It was
impossible to get everyone to agree to pay approximately $100
per year each. He asked if there was something else that could
be done or if the City could continue to maintain the green
belt as it had in the past 18 months to two years. He said
they could not form an assessment district because it was
against the law.
Mr. Altman suggested that staff and the City Attorney meet with
Mr. Campanero and any of his neighbors willing to sit down and
discuss the matter to see what other approaches there might be.
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Mayor Benson recessed the meeting at 6:28 p.m. for dinner. She
reconvened the meeting at 7:21 p.m., apologizing for the lateness
and explaining that it was due to the Christmas dinner with staff
and the fact that the Council was late in recessing for dinner.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
MR. SANDY BAUM, 45-800 Deep Canyon, stated that he had written
a letter requesting consideration of two items at the same
time, one on the City Council Agenda and the other on the
Redevelopment Agency Agenda. He asked what the procedure would
be.
Mr. Erwin suggested that the Council continue with the Agenda
and then convene the Redevelopment Agency meeting to consider
both items at the same time.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION FOR BILL OF RIGHTS WEEK.
Mayor Benson read the proclamation declaring the week of
December 13 through 19 as "Bill of Rights Week" and
presented it to Ms. Kelsey Purinton from Coast Savings &
Loan on behalf of the entire City Council.
Ms. Purinton accepted the proclamation and thanked the
Council.
B. APPOINTMENTS TO PALMER CABLEVISION CITIZEN COMMITTEE.
Mayor Benson stated that Palmer Cablevision had asked the
Council to appoint two members of the community to serve
on this committee to provide feed -back and involvement
from representatives of the communities it serves. She
said several citizens had indicated interest in working
with Palmer Cablevision and that she had contacted Mr. Bob
Spiegel and Mr. Joe Lyons to find out if they would be
willing to represent Palm Desert. They had both agreed.
and she recommended that they be appointed to this
committee.
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Mayor Pro-Tem Wilson moved to appoint Mr. Bob Spiegel and Mr.
Joe Lyons to represent the City of Palm Desert on Palmer Cablevision's
Community Advisory Committee. Motion was seconded by Crites and carried
by unanimous vote of the Council.
XVIII. PUBLIC HEARINGS
A. CONSIDERATION_ OF AN APPFAL TO THE DECISION OF THE
ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST FOR
APPROVAL OF A BUSINESS IDENTIFICATION SIGN.
IDENTIFICATION SIGN SERVICE CENTER, APPLICANT.
Mayor Benson declared the public hearing open and asked for
staff's report.
Mr. Diaz reviewed the staff report. 'He said this business
occupied one of the interior business locations in the Del
Gagnon building and stated that staff's recommendation
when the request was considered by the Architectural
Review Commission was that it be denied due to an existing
nonconforming sign on the property. He said Ordinance No.
310 prohibited the installation of additional signage on
the property without th- prior removal of the
nonconforming sign; therefore, staff's recommendation was
that the appeal be denied subject to the creation of a
program to have the entire facility meet with the City's
sign ordinance.
Mayor Benson invited testimony in FAVOR of this request.
MS. SHEILA FRIED, Applicant, stated that she was losing
customers because she did not have a sign identifying her
business, and people could not find her. She said she did
not feel she should be penalized just because Mr. Gagnon,
the owner of the property, had a sign which had been
grandfathered in, but she also did not want to be the one
to cause M r . Gagnon problems and require the removal of
his sign. She said her sign would not make the City look
bad. She asked that the Council reconsider her request.
Councilman Crites stated that what the applicant was
asking was not only that the nonconforming use be allowed
but also that the Counci 1 approve the expansion of the
signage in spite of the nonconforming use.
Mayor Benson asked Ms. Fried how she had planned to
identify her business when she rented the space. Ms.
Fried responded that Mr. Gagnon had tol.d her she could put
up a sign; however, it was in a spot where people could
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
s r s a a a a a a s s a s a • a s it s * s s r a *
not see it. She said that Mr. Gagnon had then told her
she could put a sign on the gate, but it covered his sign.
She said she needed a sign which people could see from
Highway 111.
Mayor Benson invited testimony in OPPOSITION to this request,
and none was offered. She declared the public hearing closed.
Council Comments/Questions:
Crites: This is an issue between a tenant and landlord.
The landlord can remove his nonconforming sign but has
chosen not to do so. Did not think this should be allowed
to exist.
Snyder: We have always had difficulties with the sign
ordinance and have tried to determine what is proper for
the City. Expressed sympathy with Ms. Fried but stated
that the minute the City allows a variance, it defeats the
purpose of having the ordinance.
Benson: The sign ordinance was enacted to try to clean up
the City and make it look a lot better. Felt a lot was
accomplished by the sign ordinance but agreed with Snyder
that allowing a variance would defeat the purpose of the
ordinance.
Councilman Crites moved to waive further reading and adopt
Resolution No. 87-116, denying the appeal pursuant to provisions of
Ordinance No. 310. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW
COMMISSION DECISION DENYING PROPOSED SIGNAGE. GRANT BOOK
WAREHOUSE, APPLICANT.
Mr. Diaz reviewed the staff report. noting that the
applicant intended to be in business in Palm Desert for
three months and did not want to incur the expense of a
permanent sign. He said there was no provision for
approving a temporary sign beyond 30 days because the sign
did not meet the criteria for a permanent sign, and he
recommended denial of the appeal. He added that staff
would be happy to work with the applicant if he wished to
become a permanent business in the City.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this request. None was
offered. She declared the public hearing closed.
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Councilman Crites moved to waive further reading and adopt
Resolution No. 87-113, approving the findings and denying the appeal.
Motion was seconded by Wilson and carried by unanimous vote of the
Council.
C. CONSIDERATION OF AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION DENYING A REQUEST FOR APPROVAL OF A CONDITIONAL
USE PERMIT TO ALLOW CONVERSION OF AN EXISTING SINGLE-
FAMILY DWELLING AND SURROUNDING PROPERTY TO A PRESCHOOL
FACILITY A 100 STUDENT MAXIMUM CAPACITY AT THIS TIME ON A
2.8 ACRE SITE IN THE R-1, 10,000, ZONE ON THE EAST SIDE OF
PORTOLA AVENUE, 110 FEET SOUTH OF OLD PROSPECTOR TRAIL.
INTERNATIONAL CHILDREN'S CENTER, APPLICANT.
Mr. Diaz reviewed the staff report, noting that the
request was unanimous denied by the Planning Commission
based on traffic impact, noise impact created by 100
children, visual impact, and lack of compatibility with a
single family neighborhood. He said the Planning
Commission indicated to staff at the end of the public
hearing that it felt this type of use was necessary in the
City and directed staff to look at areas such as the North
Sphere where this type of facility could be brought in
without impacting surrounding property. He stated that
there had been several revisions to the site plan since
the Planning Commission hearing such as the location of
the play area and parking. He added that if the Council
felt the additional information was substantial, staff
would recommend that the matter be sent back to the
Planning Commission for further consideration; however,
based on information available at the Planning Commission
hearing, staff would recommend denial of the appeal.
Mayor Benson declared the public hearing open and Invited
testimony in FAVOR of this request.
MR. JOHN CRIST, Terra Nova, 275 North El Cielo, Suite E,
Palm Springs, stated he felt there was a need for these
types of facilities in the City. He described the
proposed facility, noting that the hours of operation
would be 7:00 a.m. to 6:00 p.m., Monday through Friday.
It would have a six foot wall around the playground area
and house to help mitigate noise from the project. He
said of the eight lots which back onto the property, four
were at least 165 to 170 feet away, although there were
some as close as 50 feet. He said they were not yet
finished with the design of the Center and wanted to
receive input from surrounding property owners so their
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REGULAR PALM DESERT CITY COUNCIL MEETING
DECEMBER 10, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
concerns could be mitigated. He said the applicant, Ms.
Gloria Searles, had been operating these types of
facilities since 1965, including one in Beverly Hills
which he said had not had any neighborhood compatibility
problems. He distributed copies of letters of support
from various people who had used the facilities in the
past (on file and of record in the City Clerk's Office).
MS. GLORIA SEARLES, Applicant, 75-497 Palm Shadow Drive,
Indian Wells, stated she was an educator and early
childhood specialist and that she had been a resident of
the desert for the past six years. She said she had
visited schools in the community and wished to bring to
Palm Desert the type of early childhood education which
she provides. She said the school would have a ratio of
12 children per one adult; additionally, there would be a
custodian, three aides, a director, an assistant director,
a secretary, and part time music, ballet, language, and
art teachers. She offered to meet with anyone who wished
to discuss any area of early childhood and to answer any
questions the Council might have.
Upon question by Mayor Benson, Ms. Searles stated that the
children would range in age from two and a half to five
years.
Councilman Crites asked whether the 30% of the property to
be left in its desert state according to the site plan
would be left as such temporarily or if the applicant
would be willing to dedicate it as open space perrpanently.
Ms. Searles responded that the children would be taking
field trips. and that part of the property would remain in
its natural state as an exploratory area for the children.
MR. JIM LOBLAND, 73-350 El Paseo, stated that, from a real
estate point of view, if he were a neighbor he would
support the project 10001, because it would remain low
density, views would not be blocked by two or three story
buildings, and there would not be a subdivision of 14 or
15 lots with the potential of having many small children
24 hours a day. seven days a week. He said he felt the
project would really enhance the City.
Mayor Benson invited testimony in OPPOSITION to this project.
MR. JAMES RODUNDA, 74-080 Setting Sun Trail, stated he
owned property directly adjacent to the proposed project.
He said this was not a non-profit organization, and he did
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• • • • • • • • • • • • • • • • • • a • • • • • •
not feel a commercial business should be allowed in a
single-family residential neighborhood.
Upon question by Councilman Crites, Mr. Diaz responded
that approximately eight or nine homes would be allowed if
the property were developed under the present zoning and
unless a zone change were approved, no two-story
development would be allowed.
MR. GEORGE CHALEXON, 74-080 Covered Wagon Trail, agreed
that there was a need for additional preschools were
needed throughout the State but did not feel one should be
located within a residential area because of the noise and
traffic impacts as well as depreciation of property
values. He played a tape of 52 children in a playground
and asked that the Council not overlook the noise
pollution that would occur if this project were approved
and developed. He asked if the Council had received
copies of the petition submitted by homeowners opposed to
the project, and Mayor Benson stated copies were in the
Council packets.
MR. HY SIEGER, 74-111 Covered Wagon Trail, expressed
opposition because of increased noise and traffic and
depreciation of his property values.
MRS. GEORGIA CHALEXON, 74-080 Covered Wagon Trail, stated
she could see both sides of the issue because she had been
studying and working with early childhood education as a
kindergarten teacher and in the preschool area. However,
she said she felt the project would be out of place in a
residential neighborhood.
Mayor Benson invited REBUTTAL.
MR. JOHN CRIST stated that the applicant was not
requesting Council approval of the project. He said that
what was being requested was an opportunity to work with
the neighborhood and give those residents a chance to see
what is being proposed and respond to their concerns. He
said they had already made an effort to move the outdoor
play area to another section of the project.
M5. SEARLES stated that only two classes would be out on
the playground at any one time, which would mean no more
than 24 children playing. She said there was so much area
that the noise would be absorbed. She added that the
children would be taught good safety habits and would play
constructively, not destructively.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
• a • a • • a • • • a • • a • • • • a • • • * • •
Mayor Benson declared the public hearing closed.
Council Comments/Questions:
Kelly: Asked what additional information had been
presented to the Council that was not available to the
P lanning Commission. Mr. Diaz responded that everything
presented at this meeting was new information and that the
plan had been revised. He said that an alternative would
be for the Council to affirm the Planning Commission
decision and deny the request without prejudice so as to
give the applicant time to work with the neighborhood. If
they could come up with a plan that was approved by all,
the matter could be presented to the Planning Commission
again. Councilman Kelly stated he did not feel enough
additional information had been presented to justify
sending it back to the Planning Commission.
Crites: Felt the applicant had been ill served by their
presentation to the Planning Commission and was not sure
whether or not something could be done to make the project
acceptable to the neighbors.
W ilson: Stated there was not doubt this was a very
desirable facility and said he would be proud to have the
school in the community. The question was whether or not
it belonged at that location. Agreed with Councilman
Crites .that perhaps the biggest problem was that the
applicant started out the wrong way. Felt maybe something
could be worked out; however, sending it back to the
Planning Commission would be unfair at this point. Was in
favor of denying the request and letting the applicant
start over.
Benson: Appreciated the quality of the school but was
concerned with the location.
W ilson: Asked that the Chairman of the Planning
Commission indicate whether or not he felt there was
something presented which might change the Planning
Commission decision.
MR. RICK ERW00D stated that the primary concerns of the
P lanning Commission had been the two driveways onto
Portola Avenue and the traffic impact. He said that he
and Commissioner Jim Richards had been reluctant to
approve a project like this with any access onto Portola.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
a a • • • • a • • • • • • • a • • • • • • • • • •
Councilman Kelly moved to waive further reading and adopt
Resolution No. 87-114, denying the appeal. Motion .was seconded by Snyder
and carried by unanimous vote of the Council.
Mayor Benson recessed the meeting at 8:55 p.m. and reconvened
at 9:05 p.m.
Mayor Pro-Tem Wilson stated that there was some confusion
relative to whether the denial of the International Children's Center was
with or without prejudice. He moved to reconsider the action taken by
the Council. Motion was seconded by Benson and carried by a 3-2 vote,
with Councilmen Kelly and Snyder voting NO.
Mayor Pro-Tem Wilson moved to waive further reading and adopt
Resolution No. 87-114, denying the appeal without prejudice. Motion was
seconded by Crites and carried by a 4-1 vote, with Councilman Snyder
voting NO.
Councilman Kelly stated that he was opposed to having the
project on the proposed site but voted in favor of denying
the appeal without prejudice because there seemed to be a
great deal of misunderstanding in this case.
Mayor/Chairman Benson convened the Redevelopment Agency meeting
at 9:10 p.m. for the purpose of considering City Council Public
Hearing Item D and Redevelopment Agency New Business Item D at
the same time.
ROLL CALL
Present:
Councilman/Member Buford A. Crites
Councilman/Member Richard S. Kelly
Councilman/Member Walter H. Snyder
Mayor Pro-Tem/Vice Chairman 5. Roy Wilson
Mayor/Chairman Jean M. Benson
Also Present:
Carlos L. Ortega, Assistant City Manager/Executive Director
Bruce A. Altman, City Manager
Doug Phillips, Deputy City Attorney
Sheila R. Gilligan, City Clerk/Secretary
Richard J. Folkers, Director of Public Works
Ramon A. Diaz, Director of Community Development/Planning
Kirby J. Warner, Director of General Services
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
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Councilman/Member Crites moved to suspend the remainder of the
Redevelopment Agency Agenda to consider Item D of New Business. Motion
was seconded by Snyder and carried by unanimous vote of the
Council/Agency.
CITY COUNCIL D. REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT AND
PUBLIC HEARING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW
CONSTRUCTION OF A GAS STATION AND MINI MARKET AT THE
NORTHWEST CORNER OF PORTOLA AVENUE AND HIGHWAY 111.
ARCO PETROLEUM PRODUCTS COMPANY, APPLICANT.
Mr. Diaz reviewed the history of this project and the
staff report dated December 10, 1987. He distributed
copies of a letter which had been received from Ira
L. Johnson relative to this project (attached hereto
and made a part hereof as Exhibit "A"). He said one
of the conditions of approval for this project would
be that the existing facility on the southwest corner
be removed since there would be less than 500 feet
between the two gas stations. He added that staff
recommended approval of the project subject to
conditions as outlined in the resolution, including
limiting the hours of operation to 6:00 a.m. to
midnight and not allowing the sale of alcoholic
beverages.
Upon question by Councilman Kelly, Mr. Diaz stated
that the applicant did not want the condition
disallowing the sale of alcoholic beverages included
in the approval.
MR. RICK ERWOOD, Chairman of the Planning Commission,
explained how the Commissioners had voted and
reported that it was their impression that beer and
wine would be sold at the facility.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of this request.
MR. ALLEN PERRIER, 291 San Remo, Palm Desert,
representing Arco, said that recently enacted
legislation relating to gas stations and the sale of
beer and wine stated that if the sale of beer and
wine were permitted in a commercial zone, the Council
could not legislatively prohibit that sale. He said
the Council would have to find substantial evidence
In support of prohibiting the combined gas station
operation and sale of beer and wine in order to do
so, and it would have to find that the proposed use
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• • • • • • • • • • • • • • • • • • • • • • • • •
was materially injurious to the property in the
vicinity of the project.
MR. CRAIG YAMASAKI. Real Estate Agent for Arco, 17315
Studebaker Road, Cerritos. stated that his firm was
presenting a proposal which would improve the
intersection of Portola and Highway 111. He said
that both safety and traffic studies verified that
this intersection was in the best possible shape with
the design of the project as proposed.
MR. HOWARD KOTCHMAN, 229 Calle Leandro, Cathedral
City, spoke as the representative for Sunshine
Associates. He stated that his client had been
negotiating with Arco for many months, and the sale
hinges upon the issuance of the Conditional Use
Permit.
MR. STEVE GRANIK, 73-086 Somera, stated that he was a
vendor and personally felt the mini market would be a
tremendous asset to the community.
Mayor Benson invited testimony in OPPOSITION to this
request. The following were opposed due to increased
traffic, safety of children trying to get to the mini
mart, potential increased accidents, and too many gas
stations and convenience stores in Palm Desert already.
M5. KATHY MONROE, homeowner at the corner of Portola
Avenue and Alessandro
MR. SALVATORE PISCHETELLI, 74-334 Pepper Grass, Palm
Desert
MR. DANNY WEINSTEIN, 73--065 Skyward Way, Palm Desert
MR. RICHARD D'SA, 76-653 New York, Palm Desert
Mayor Benson invited REBUTTAL.
MR. YAMASAKI stated that within the design of the
architecture would be the flexibility to address ways
in which to mitigate the concerns of Ms. Monroe and
provide more of a buffer between her property and the
project. He said the lighting was designed to be
directed away from the residential areas. He
submitted petitions in favor of the project and
stated there were 1,123 signatures, with 658
residents of Palm Desert (on file and of record in
the City Clerk's Office).
Mayor Benson declared the public hearing closed.
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REGULAR PALM DESERT CITY COUNCIL MEETING
• • • • • • • a • • a a • •
DECEMBER 10, 1987
• • • • • • • • • • •
MR. SANDY BAUM, 45-800 Deep Canyon, asked that the
Council consider New Business Item D of the
Redevelopment Agency agenda prior to taking any
action on this public hearing.
RDA D. CONSIDERATION OF THE PORTOLA AVENUE/HIGHWAY 11l
NEW INTERSECTION PLAN.
BUSINESS
Mr. Ortega reviewed the staff report dated November loth,
noting that the Project Area Committee felt It would be
very timely to do an engineering study at this time to
determine what costs would be if rights -of -way had to be
acquired.
Upon question by Snyder as to whether or not the present
plan submitted by Arco complied with the ultimate
intersection plan for Portola Avenue and Highway 111, Mr.
Folkers responded that it did except that something would
have to be done beyond Alessandro to smoothly transition
the traffic in and out.
Councilman Crites asked how long it would take for the
traffic study and the determination as to the ultimate
width that would be necessary. Mr. Folkers responded that
it would take at least 90 days. He added that for the
Arco project, the existing right-of-way was 42 feet, and
staff was requesting an additional 8 feet to make it 50
feet total.
Mr. Perrier stated that this was an acceptable condition
to the applicant.
Council Comments/Questions:
Kelly: Agreed that this was a bad intersection which
needed to be engineered, but did not see why the
intersection plan needed to be tied in with approval of
the Arco project. Concerned with the location of the Arco
project on the northwest corner and did not feel it was
compatible with a residential neighborhood. which it
adjoins. Also concerned with the selling of beer and wine
at this location.
Crites: Agreed there was a problem with the intersection
and felt now was the time to begin mitigation measures.
Issue is not the selling of liquor since it is in a
commercial zone which allows the sale of beer and wine.
Did not feel the community needed another convenience
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• • • • • • • • • • • • • • • * • • • • • • • • a
store but did not think the Council should be deciding how
many needed to exist. It is the Council's business, if
approving an additional gas station for the community, to
try to find the most attractive, best designed, and most
amendable one, which is not the case with the existing
facility on the southwest corner. Stated he could find no
justification for denying the project since it meets all
the requirements of the zoning and been approved as to
design and architecture. He asked that the following
conditions be added: l) The buffer area on the north side
by Alessandro needs to be deepened to increase Ms.
Monroe's privacy and make the project as unobtrusive as
possible, with mature plants to be used; 2) Add a bus stop
bench and waiting area; 3) Divider to be installed on
Portola Avenue to prevent drivers from turning left into
and out of the project; 4) Arco'to agree to provide
security personnel if determined to be necessary in the
future; and 5) A major water feature to be installed at
the corner of Portola and Highway 111, which would be
approved by the Civic Arts Committee.
Wilson: Agreed with conditions. requested by Crites.
Agreed that there are too many convenience stores in the
community but also agreed that this is not the issue.
Benson: Did not see how having a gas station and
convenience store across the street from the existing
facility would solve anything. Said Arco people had
indicated a commitment to beautifying the community, but
the fac i 1 i ty at the southwest corner had just sat for
years without anything being done to improve it.
Kelly: Agreed with condition requiring a bus stop. Asked
how the City could be assured that the existing facility
on the southwest corner would not remain if this new
project were approved. Mr. Erwin responded that no gas
station was allowed to be built within 500 feet of an
existing facility. Upon question by Kelly, Mr. Erwin
stated that he did not know of any restrictions relative
to how far away from a residence a facility must be in
order to obtain a liquor license.
MR. YAMASAKI stated that he did not know whether or not
the landscaping of the site would lend itself to include a
water feature. He added that he was not sure the design
of the project would allow for a sheltered bus stop.
Councilman Crites asked that the condition reflect that
the location of a sheltered bus stop shall be worked out
30
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
in a cooperative agreement between Sunline, City staff,
and the applicant in a manner acceptable to all three
parties. If it could not be worked out, the matter would
have to come back to the Council.
Mr. Yamasaki stated that Arco would not develop the
property without the ability to sell beer and wine and to
stay open for 24 hours. He said protests had been filed
with the Alcoholic Beverage Control office, and a hearing
was to be held to determine the outcome of those protests.
Mayor Benson stated that she felt the Council could not
approve 24 hour operation for this facility when the
Mobile facility had limited hours. She felt the hours of
6:00 a.m. to midnight were reasonable for a project
adjacent to residences.
Upon question by Crites, Mr. Diaz responded that although
both the Flying J and the existing Arco station were
allowed 24 hour operation, they were grandfathered in, and
the conditions of approval stated that if there are
complaints relative to noise, lights, etc., the hours
would be curtailed.
Councilman Crites moved to waive further reading and adopt
Resolution No. 87-115, approving a Negative Declaration of Environmental
Impact and CUP 87-10, subject to conditions, including: 1) Delete the
condition prohibiting the sale of alcoholic beverages; 2) Retain the
condition restricting'the hours of operation to 6:00 a.m. to 12 midnight;
3) The buffer area on the north side of the project adjacent to
Alessandro to be deepened to increase privacy of nearby residences and
make the project less intrusive, with mature landscape material to be
used: 4) A cooperative agreement between Sunline Transit, the City, and
Arco shall be executed relative to the location of a sheltered bus stop
and waiting area adjacent to Highway 111; 5) A water feature to be
approved by the Civic Arts Committee shall be constructed on the corner;
6) A divider to be installed on Portola Avenue between Alessandro and
Highway 111 to prevent left turns into and out of the project; 7)
Developer to agree to provide security for the project if it is
determined to be necessary in the future due to complaints; and 8) The
project shall not proceed until approved by the Department of Public
Works as to amount of needed rights -of -way and setbacks determined to be
necessary and sufficient for the ultimatewidening of Portola Avenue from
Alessandro to Highway 111. Motion was seconded by Wilson and carried by
a 3-2 vote, with Councilman Kelly and Mayor Benson voting NO.
31
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
Member Wilson moved to, by Minute Motion, authorize a study of
the ultimate traffic demands and requirements for the intersection of
Portola Avenue/Highway 111 including engineering design and required
right-of-way with consideration to accelerated implementation to take
advantage of the current vacancy conditions. Motion was seconded by
Snyder and carried by unanimous vote of the Agency Board.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Councilman Crites moved to adjourn the meeting at 11:23 p.m. to
Closed Session pursuant to Government Code Sections 54956.8, Real
Property Transactions, 54956.9 (a) and (b), Pending and Potential
Litigation, said Closed Session to be held immediately after adjournment
of the Redevelopment Agency meeting. Motion was seconded by Wilson and
carried by unanimous vote of the Council. Mayor Benson reconvened the
meeting at 1:32 a.m. and immediately adjourned with no action announced.
ATTEST:
SHEILA R. GILI/IGAN, C Y CLERK
CITY OF PALM DESERT, ALIFORNIA
32
AN M. BENSON,MAYOR
1'
TY COUNCIL MEETING
• • • • ' •. • •
EXHIBIT '"A"
•
.xorvs(Nv .
BASSOCIAIES
osmbsr.10, 1987
City of Palm Desert
Planning Department
73-510 Fred Waring Drive
.:;.l Palm Desert, CA 92260
.1
ATTNt
Phil Drell
' Dear Mr. Drell:
•
DECEMBER 10, 1987
► • •a • • a a •
I will not be able to attend the City Council meeting this
evening, however, I am very interested in the proposed Arco
Petroleum Products project which is adjacent to my property on
Highway 111.
On behalf of my partner, Roy Barbatti, and myself, I would like
to make the following observations and comments:
1. We fell the ingress and egress off of Highway 111 is going
to be extremely difficult and the existing station to the
south has a better approach than this property, however,
this problem does not affect our property, only Arco's.
2. Items I discussed with you and was assured that they will be
part of the conditions of approval, are as follows:
a) The existing access to the frontage road from
Highway 111 will be closed off and turned into a
parking area.
b) Portola will be widened one care lane from the
' intersection of Highway 111 and Portola back to
Alessandro.
c) The surface water and water culvert problems will be
solved and paid for by Arco.
d) The aosthics of the building and landscaping will be a
top priority to the approval and success of this
project.
3.' Items we did not discuss:
a) My partner and I would like to see the bus stop bench
and waiting area incorporated into the landscape design
along Highway 111.
73 9b0 Hiylnvt% Ov, •f I„ 1 N• PAW I h t.,u, Cnlilwan 77760 NW n, riof hP) 34 ,-5715
33
i
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
a a • • • •
i
.a
•
•
• • • •
t
LETTER (CON'T)
MR. PHIL DRELL
DECEMBER 10, 1987
U/ ;1.4
gR4; b) r' -
• • •
DECEMBER 10, 1987
• • * • • • • i • • * •
EXHIBIT "A"
• PAGE 2
The building and landscaping along should be
as pleasing to the eye as that along Highway 111.
If Arco is successful in obtaining a beer and wine
license, any attempt by their customers to open
alcoholic beverages on or near the premises should be
guaranteed to be controlled by the owners and/or
reported to the authorities. Our neighbors are quite
concerned about the sale of alcoholic beverages and we
would like to be assured that Arco will make every
attempt to discourage any consumption on the premises
and/or the adjacent property.
If the above items are met, we feel that the project could be an
asset to the community.
Sincerely,
ILJ:lsm
hnson, AIA
34
Alessandro