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HomeMy WebLinkAbout1987-07-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 23, 1987 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tempore Jean M. Benson Councilman S. Roy Wilson Councilman Buford Crites Councilman Walter H. Snyder Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Richard J. Folkers, Director of Public Works Ramon A. Diaz, Director of Community Services Kirby J. Warner, Director of General Services Frank Allen, Director of Code Compliance MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of July 9, 1987. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0609, WR0612, WR0614, WR0617, WR0618. Rec: Approve as presented. C. REQUEST FOR AUTHORIZATION To Bind Coverage for Property Insurance. Rec: By Minute Motion, authorize staff to bind coverage through the Coachella Valley Joint Powers Authority Program for property insurance with the Industrial Indemnity Company. D. REQUEST FOR APPROVAL of Preliminary Agreement No. 00-223 with Cook Partners Limited and No. 00-224 with CTK Properties for Kelly Ordinance installations. Rec: By Minute Motion, approve the Agreements and authorize the Mayor to execute same. E. REQUEST FOR APPROVAL of Agreement No. 00-225 with the Joslyn Cove Communities Senior Center, No. 00-226 with the Family YMCA/Youth Center, No. 00-227 with the Palm Desert Chamber of Commerce, and No. 00-228 with C.V. Counseling of Palm Desert. Rec: By Minute Motion, approve the Agreements and authorize the Mayor to execute same. F. LETTER OF RESIGNATION from Patty Clark from the City's Advertising li Promotion Committee. Rec: By Minute Motion, accept the resignation with sincere regret and instruct staff to obtain appropriate Plaque of Appreciation for presentation at a future meeting. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING i • • • • • • • • • • • • • JULY 23, 1987 • • • • • • • • • • • G. REQUEST FOR APPROPRIATION of Additional Fire Tax Funds. Rec: By Minute Motion, appropriate $39,000 from the Fire Tax Fund Balance to Account #230-4220-3045 to cover the City's portion of FY 1986/87 expenditures and capital reserves of the Cove Communities Public Safety Commission. H. LETTER FROM 0 8 D DEVELOPMENT COMPANY Requesting Clarification of Conditions on Parcel Map 21412/P.P. 85- 46, Raffles All Suite Resort. Rec: Refer to staff for report and recommendation at the City Council meeting of August 13, 1987. I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-146, Haystack Bikepath. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $10,049.73 and authorize the Mayor to execute same. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Highway 111 Median Landscape Maintenance. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the maintenance of Highway 111 medians between Deep Canyon Road and five hundred feet west of El Paseo/Town Center Way. K. REQUEST FOR APPROVAL of Final Map 2 1 7 1 8 , Ahmanson Development, Applicant. Rec: Waive further reading and adopt Resolution No. 87-70, approving Tract No. 21718 and bonds and agreements relating thereto. L. REQUEST FOR APPROVAL of Final Map 22547-R, Reversion to Acreage - Michael Development Corp. and Strother Construction, Applicants. Rec: 1) 2) Waive further reading and adopt Resolution No. 87-71, approving Tract 22547-R; By Minute Motion, authorize the refund of fees as shown on Exhibit "A". 3 M I'NUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • M. REQUEST FOR APPROVAL of Contract No. 00-229 with Davis and Associates for Fiscal Year 1987-88. Rec: By Minute Motion, approve the request and authorize the Mayor to execute same. N. CONSIDERATION OF A REQUEST by Sandy Baum for Approval of a Development by Ron B i rtcher on a 50 Acre Site, South of the City Limits, East of Highway 74. Rec: By Minute Motion, refer to staff for investigation and report and recommendation at a future City Council meeting. Mr. Ron Birtcher requested Item "N" be held for discussion under Section IX, and Mrs. Gilligan asked that Item "H" be held for discussion under the same section. Upon motion by Benson, second by Snyder, the Consent Calendar, except Items H and N. were approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 87-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TO LEVY A SPECIAL TAX PURSUANT TO SECTION 53978 OF THE GOVERNMENT CODE FOR FIRE PROTECTION AND PREVENTION SERVICES FOR FISCAL YEAR 1987-88. Councilman Snyder stated that this was one of the smartest things the City Council had done and moved to waive further reading and adopt Resolution No. 87-72. Councilmember Benson seconded the motion. Motion carried by unanimous vote. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 23, 1987 * . . . . . . . * . . . . . . . * . * . . * . . * VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 510 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 1.04 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO THE RIGHT OF THE CITY TO BRING LEGAL ACTION. Mr. Erwin explained that this would add a section to the Municipal Code which would allow the City the right to obtain reimbursement for court costs and attorney fees in code enforcement problems. Upon motion by Crites, second by Benson, Ordinance No. 510 was passed to second reading by unanimous vote of the Council. For Adoption: None IX. CONSENT ITEMS HELD OVER H. LETTER FROM D & D DEVELOPMENT COMPANY Requesting Clarification of Conditions on Parcel Map 21412/P.P. 85- 46, Raffles All Suite Resort. Mrs. Gilligan stated that Council had received a letter from D & D Development asking that the item be scheduled for the August 27th meeting rather than the 13th as requested on the Agenda. Upon motion by Crites, second by Benson, the request was continued to the Council meeting of August 27th by unanimous vote of the Council. N. CONSIDERATION OF A REQUEST by Sandy Baum for Approval of a Development by Ron Birtcher on a 50 Acre Site, South of the City Limits, East of Highway 74. MR. RON BIRTCHER, 74-395 Quail Lakes Drive, Indian Wells, stated he was purchasing 50 of the 103 acres in this parcel for construction of his private residence which would include a caretaker's house and stables. He said he was requesting a waiver and deferment of the required subdivision and off -site improvement fees as this property was not to be subdivided. He requested Council's 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • consideration of the item at its meeting of August 13th inasmuch as he had a short escrow which was due to close on August 25th. Councilman Crites moved to direct staff to make a report and recommendation on this request to the Council at its meeting of August 13, 1987. Councilmember Benson seconded the motion, and the motion carried by unanimous vote. X. NEW BUSINESS A. CONSIDERATION OF A REQUEST BY RONALO GREGORY ASSOCIATES FOR ADOPTION OF A RESOLUTION OPPOSING SENATE BILL 87. Mr. Ortega said that this bill would abolish the licensing board for landscape architects, and he did not know if the City had a direct interest in the matter. He offered to research the bill and come back at a future meeting with a report and recommendation to Council. Mayor Kelly said that the bill would eliminate the requirement for landscape architects to be licensed with the State and asked If that would not create a problem for the City in bidding and awarding contracts. Mr. Ortega responded that it very well could create problems. Councilman Snyder noted that the letter from Mr. Gregory included suggested wording for a resolution opposing this bill, and he moved to adopt same as Resolution No. 87-76 of the City. Councilman Crites seconded the motion, and the motion carried by unanimous vote. B. REQUEST FOR WAIVER OF SIGNALIZATION FEES FOR TRACT 21718, AHMANSON DEVELOPMENTS. Mr. Fofkers stated the developer was required to install a signal at the main entrance of this project and to contribute $74,000 to a fund which would signalize the Intersection of Fred Waring Drive and Town Center Way in the future. The latter fee was imposed because the Planning Commission felt this project would have a significant traffic impact on that intersection. Staff concurred and was, therefore, recommending denial of the request for waiver of the fee. MR. DAVE NEWSOME, Ahmanson Development Company, stated they felt they were being hit twice for signalization fees. He said 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 23, 1987 . . . . . . . . . . . . . . . . . . . . . . . . . he knew of other developments in the City where the installation of a signal was credited to the required fee and requested the same policy should apply to this development which would reduce their fee to zero. Councilman Snyder said the Ahmanson project was creating the need for two signals and that was the issue, not the price. He said it was a matter of what the developer's responsibility was to the second signal. Councilman Crites said that the developer could not deny that this project would create a major traffic problem at the intersection of Fred Waring Drive and Town Center Way and that this particular condition asked the developer to address that problem. He said he felt staff's recommendation to deny the waiver was appropriate. MR. NEWSOME stated that they were arranging to pay the fee right away but would do so under protest, and he asked that the official record of the meeting reflect that. Upon motion by Crites, second by Snyder, the request was denied by unanimous vote of the Council. C. CONSIDERATION OF A REQUEST BY COUNCILMAN CRITES FOR THE INSTALLATION OF SIDEWALKS ON HIGHWAY 74. Mr. Altman reported that the estimates on a project such as this were pretty steep -- $60, 000 at the Sandpiper project and $485-500,000 for the remainder. He suggested that staff begin investigating the possibility of an easement at Monterey Country Club and making that a priority for the start of such a project. Councilman Crites agreed and said that the City may need to ponder its criteria for dimensions of sidewalks in an effort to reduce the costs. He agreed with the suggestion that staff begin working with Monterey Country Club for an easement. Mayor Kelly said that the area along the Sandpiper Condominiums where the oleanders grow out to the street definitely needed sidewalks and should be considered as a priority area. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Altman said he had sufficient direction to proceed and did not feel that official action by the Council was necessary. D. REOUEST FOR APPROVAL of Agreement No. 00-230 with Triad Pacific Development To Retain Consultants for the Preparation of an Environmental Impact Report. Mr. Diaz stated the City was requiring an environmental impact report for this project, and this agreement allowed the City to hire a consultant to do the report and have the developer reimburse it for these costs. He said that a payment of $16,000 had been received and that if more were required, the developer would be asked to pay it. If for some reason the developer did not pay the extra costs, the process would be stopped, as would the project. Councilman Crites moved to, by Minute Motion, authorize the Mayor to enter into an agreement with Triad Pacific Development to retain the consulting firm of Smith, Peroni, and Fox to prepare an Environmental Impact Report for development application bound by Cook Street, Hovley Lane, Country Club Drive, and Via Cinta. Councilmember Benson seconded the motion, and the motion carried by unanimous vote. E. INFORMATIONAL ITEMS: 1. Sand Removal/Mining Permits. Mr. Folkers reviewed the report and advised that it would be covered as part of the grading ordinance revisions. In essence, it required a permit for stockpiling of dirt on vacant lots. Council concurred that this section was extremely important and necessary to the grading ordinance. 2. Fred Waring Drive, Monterey Avenue, Magnesia Falls Drive Median Landscape Design. Mr. Folkers stated that the preliminary design plans were hung on the wall of the Chamber for Council to look at, and he asked that they do so at dinner break. He noted that revisions to the plan could be made prior to Council awarding a contract. 8 XII. XIII. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING 3. Concerns Expressed by S. Baum Regarding Fred Waring Drive Between Deep Canyon Road and Cook Street. Mr. Folkers stated that this was a mute point as Cook Street had been striped. X. CONTINUED BUSINESS None OLD BUSINESS None REPORTS AND REMARKS A. CITY MANAGER Mr. Diaz reported that the Planning Commission had approved the remainder of the Fox Canyon Development, and the approval would be final unless a member of the City Counc i i called it up for review. He said that no opposition had been received at the Commission meeting and that the project did meet all requirements of the hillside overlay in terms of grade, slope, and density. Councilmember Benson called the project up for Council review. B. C. CITY ATTORNEY None MAYOR AND MEMBERS OF THE CITY COUNCIL Councilman Crites reported that as he had promised, he had visited libraries both in Arkansas and in Washington, D.C. He said that he had received favorable responses from everyone he spoke with at both facilities. He also reported that he had visited the National League of Cities offices in Washington and had been most impressed with the cooperative attitude of its staff. He said the League was doing reference checks and that the National Commission on Libraries was also sending information. 9 MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Crites also reported that he had testified on behalf of the Grants Bill at the subcommittee on National Parks and Public Lands regarding the City's opposition to the development of the Indian canyons, and he provided Council with copies of his testimony (on file and of record in the City Clerk's Office). o City Council Requests for Action: None o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn to Closed Session in accordance with Section 54956.8 for the purpose of discussing negotiations regarding real property and 54956.9(a) for the purpose of discussion existing litigation. Councilmember Benson seconded the motion, and the motion carried by unanimous vote. Mayor Kelly adjourned to Closed Session at 4:45 p.m. He reconvened the meeting at 5:20 p.m. and immediately recessed to the dinner break. No action was announced as a result of the Closed Session. Mayor Kelly reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. RED SCHULTZ, 72-650 Somera, stated he had contacted the City in May relative to his neighbor's hedges. He said they were now over six feet high and were full of bees, which his wife and two grandchildren were allergic to. He added that he had received a letter from the City relative to the word "hedge" being removed from the ordinance. He asked the Council to enforce the ordinance since it was still in effect. He also stated that nothing had yet been done about the vacant lot next to his which had piles of dirt on it. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Diaz responded that at its meeting of July 21, 1987, the Planning Commission had proposed a zoning ordinance amendment to delete the word "hedge" from the ordinance and that this amendment would be before the Council on either August 13th or August 27th. He added that the vacant lot had been discussed at Tuesday's meeting and that staff would look into the matter. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE EL PASEO IMPROVEMENT AREA BOARD To Fill The Vacancy Created by the Resignation of Sharon Tuverson. Councilman Crites moved to appoint Larry Grotbeck of Roberge Jewelers to the El Paseo Improvement Area Board to fill the unexpired term of Sharon Tuverson. Motion was seconded by Snyder and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS Mayor/Chairman Kelly convened the Redevelopment Agency meeting at 7:14 p.m. for the purpose of conducting a Joint Public Hearing on Item A. ROLL CALL Present: Vice Chairman Jean M. Benson Member Buford A. Crites Member Walter H. Snyder Chairman Richard 5. Kelly Excused Absence: Member S. Roy Wilson" Also Present: Carlos L. Ortega, Executive Director David Yrigoyen, Administrative Assistant David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk/Assistant Agency Secretary Ramon A. Diaz, Director of Community Development/Planning Richard J. Folkers, Director of Public Works Kirby J. Warner, General Services Director A. REQUEST FOR APPROVAL OF COMMERCIAL CORE AREA SPECIFIC PLAN AND ASSOCIATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. (Continued from the meeting of June 25, 1987.) Mr. Ortega reported that this matter had been continued to allow the Agency Board/City Council to meet with the Project Area Committee regarding areas of concern. 11 M 1_NUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 23, 1987 • • • • • • • • • • • • • • • * * * • • • • * • • Mr. Phil Drell, Associate Planner, reviewed the memo dated July 9, 1987, outlining additions and alternatives to the Commercial Core Area Specific Plan which were the result of the meeting between the Agency Board/City Council and the Project Area Committee. He made corrections to the memo as follows: Item #1: "...requirements of property owners, residents, developers and the Redevelopment Agency and City wi•ith within a particular sub -area." Item #4: Change to read: "Local residential streets may be cul-de-sac'd north of the superblock, if deemed desirable by affected property owners, residents, Redevelopment Agency, and City." Mayor/Chairman Kelly noted that this was a continued public hearing and invited testimony in FAVOR of or OPPOSED to this request. None was offered. He declared the public hearing closed. Mayor/Chairman Kelly requested clarification of Specific Policy #2 on Page 25 of the preliminary plan. Council/Board concurred that it should read as follows: "The RDA shall assist if necessary in the purchase of the Hoams Pool property, making it available to be included in the planning." Councilman/Member Snyder moved to waive further reading and adopt City Council Resolution No. 87-30 and Agency Resolution 207, approving the Commercial Core Area Specific Plan. Motion was seconded by Benson and carried by unanimous vote of the Council. Member Crites moved to adjourn the Redevelopment Agency meeting at 7:28 p.m. until immediately following adjournment of the City Council meeting. Motion was seconded by Benson and carried by unanimous vote of the Agency Board. B. REQUEST FOR APPROVAL OF THE ISSUANCE OF BINGO PERMITS. Mr. Frank Allen, Code Compliance Director, reviewed the memo dated July 1, 1987, and offered to answer any questions. 12 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 23, 1987 • • • • • • • • • • • • • • a • • • • • • • • • • Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. He declared the public hearing closed. Councilman Crites moved to, by Minute Motion, authorize staff to issue permits for The Foundation for the Retarded of the Desert and Temple Sinai - Jewish Community Center of Palm Desert. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF ASSESSMENT AGAINST CERTAIN PROPERTIES FOR THE ABATEMENT OF DANGEROUS BUILDINGS. Mr. Ortega briefly reviewed the staff report, noting that the amounts to be assessed included a 25% administrative fee. He added that Mr. Pat Conlon, Director of Building 8 Safety, was available to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. He declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 87-73, assessing charges for abatements on Parcel Numbers 653-370-024-8 and 627-071-005-6. Motion was seconded by Snyder and carried by unanimous vote of the Council. D. APPEAL OF A PLANNING COMMISSION DENIAL FOR A 4.74 ACRE EXPANSION TO A PARKING/STORAGE AREA AND A 5,400 SQ. FT. SECOND STORY ADDITION TO AN EXISTING STRUCTURE FOR A TRASH HAULING AND DISPOSAL COMPANY LOCATED IN AN S.I. ZONE ON THE SOUTH SIDE OF LENNON PLACE BETWEEN ECLECTIC AND CORPORATE WAY - PALM DESERT DISPOSAL AND HOWARD PARCELL, APPLICANTS. Mr. Diaz reviewed the staff report, noting that part of the reason for Planning Commission denial of the original request for a seven acre expansion and second story addition was the lack of certain information. He said staff was now recommending that the matter, with the additional information, be returned to the Planning Commission for review and recommendation to the Council. He added that what was being applied for was an expansion of an existing eqipment maintenance and storage facility, not a transfer station. Upon question by Councilman Crites, Mr. Diaz responded that he felt this was additional significant information 13 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • which had been received since Planning Commission consideration. Councilman Snyder agreed that the matter should be returned to the Planning Commission if this information was not available when the denial was made. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. GORDON PAULUS, 37-711 Peacock Circle, Rancho Mirage, stated he was a planning consultant representing Palm Desert Disposal. He said the additional information requested by the Planning Commission were ten- and 15- year projections of growth, and he would be •prepared to explain these projections if the matter was sent back to the Commission. Mayor Kelly invited testimony in OPPOSITION to this request. The following were opposed because it would adversely affect adjacent property owners, would not service the Palm Desert sphere and Cove Communities, would negatively impact the environment (noise and air pollution), was a health hazard to the public, was not compatible with existing development, and would increase the traffic in that area: MR. GEORGE BERKEY, Board of Directors for the Cook Corporate Center. MRS. ELEANOR FALK, property owner within 300 feet of the proposed project. Mayor Kelly declared the public hearing closed. Council Comments/Questions: Snyder: The Planning Commission should have the opportunity to consider the additional information if it was vital to the decision that was made. However, If the Council does not consider that information to be vital, the matter would not be sent back to the Commission. Councilman Crites moved to send this matter back- to the Planning Commission with the additional information which was not available at the time of the Commission's consideration. Motion died for lack of a second. 14 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Benson: Although an Environmental Impact Report had been done on this project, felt it would be appropriate to have one prepared for the entire development in that area. Kelly: What is the additional information which was not available to the Planning Commission? Mr. Diaz responded that the information was ten- and 15- year projections as to growth and needs (i.e., how many trucks they will have) as well as some letters of clearance from Riverside County Health Department. He stated, however, that objections raised at this meeting had nothing to do with those projections. He added that Council could deny this appeal if it felt It had enough information. Crites: Still felt it should be sent back to the Planning Commission to consider the additional data relative to these growth projections. Councilmember Benson moved to, by Minute Motion, uphold the Planning Commission decision and deny the appeal. Motion was seconded by Kelly and carried by a 3-1 vote, with Councilman Crites voting NO. E. REQUEST FOR AUTHORIZATION TO PROCEED WITH NORTH SIDE COUNTRY CLUB DRIVE KELLY ORDINANCE WIDENING. Mr. John Wohlmuth, Administrative Assistant, stated that the purpose of this public hearing was to allow property owners the opportunity to indicate their support of or opposition to this project. He said a letter of opposition had been received from United Savings & Loan Association, which owns two five -acre parcels fronting Country Club Drive (attached hereto and made a part hereof as Exhibit "A"). He added that the other property owners hade been notified, and several had voiced either opposition or support. He said two property owners, CTK and Cook Partners, had already signed preliminary agreements and were basically in support of the project. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. None was offered. He invited testimony in OPPOSITION to this request. MR. STORMY DAYTON THEOPHILUS, 34-645 Judy Lane, Cathedral City, stated that his family had lived at 72-450 Cho l l a Drive for many years. He agreed there was a need to widen 15 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Country Club Drive, was willing to pay his fair share, but did not agree that only a few people should have to pay for it. He said he had received a letter from the Redevelopment Agency indicating his property may be turned into a park and did not think a curb should be installed if that was going to happen. MR. GEORGE KEITER, owner of property on Country Club Drive, stated he was against the City's taking the land and charging him to widen the street. He felt if he was being asked to pay for this widening, he should be allowed to develop his property, and he was not allowed to do so because of the moratorium currently in effect. He felt that if it was necessary for the City to widen Country Club Drive at this time, it should be paid for by the City, and the property owners should pay their fair share when their property is developed. He felt, however, that property owners should not be charged interest on their share of the costs while they were not allowed to develop their properties. Mayor Kelly declared the public hearing closed. Council Comments/Questions: Snyder: Agreed with the property owners and said the problem was that there were several areas where streets were not completed and, therefore, dangerous conditions existed. City policy has always been to take care of those streets which would eventually be paid for by developers in those areas. Agreed with Mr. Keiter that property owners in that area should not be charged interest on their share of the improvement costs while they were not able to develop their property. Mr. Folkers stated that staff had no problem In trying to work with these property owners and work out an equitable payment program. He said that as far as installation of curbs, only the absolute minimum curbs would be put in, and in this case, the street would be widened without any curbs. He said the purpose of this this ordinance was to get the absolute minimum widening done to take care of the traffic and eliminate the hazards of streets going from one width to another. He said staff understood the problems of people who have smaller pieces of property and that in other situations, the City had gone ahead with the widening of the streets and placed liens on the properties 16 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 23, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • until such time as the properties were sold. He said this would be possible in this case also. Upon question by Mayor Kelly, Mr. Erwin responded that if the Council wished to waive the interest on the cost of the improvements, it should consider doing so for all the property owners and treat everyone the same. Benson: Also agreed that it was not fair to charge these people when they cannot develop their property. Crites: The interest free program should be extended for the period of time that the development of the property was denied by the moratorium; i.e., if the moratorium was in effect for one year, the property owners should not have to pay interest for a one-year period. Mayor Kelly reopened the public hearing. MR. THEOPHILUS stated that in May he had sent letters to all ten property owners explaining that he did not feel it was fair for him to have to pay for something which benefits everyone around him just because he owns property fronting onto Country Club Drive. He said he felt others should participate in this major street widening. He added that he had received one written response from United Savings & Loan Association and had spoken with two property owners by telephone. MR. KEITER agreed with Councilman Crites and stated he felt that after the moratorium is lifted, the developers should be given a reasonable amount of time to do something with their properties before interest is charged. He added that he felt property owners were being penalized because of the moratorium. Mayor Kelly reclosed the public hearing. Councilman Crites moved to waive further reading and adopt Resolution No. 87-75 and determine that the property owners of parcels fronting the north side of Country Club Drive between Portola Avenue and Cook Street will not be required to pay interest on their share of the improvement costs associated with this widening project for a period of time equal to the total length of time of the moratorium because these owners have been denied usage of their property due to the moratorium in effect. Motion was seconded by Kelly and carried by unanimous vote of the Council. 17 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 23, 1987 • • • • • • • • a • * • • • • • • • • • • • • • • XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 8:45 p.m. ATTEST: SHEILA R. GILLIGAN, TY CLERK CITY OF PALM DESER , CALIFORNIA 18 g()‘&11.1 RItHARD S. KLLLY, MAYO MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 23, 1987 4 (Q ivy UNIITD &LOAN ASSOC IATIOf I 4185 liaubon Bot.levaid C; �d,•u 11Lah AtdOo (u)l) (2J-11n0 (ohn B G-J.tatd EXHIBIT "A" d) (c (C- --> Jv ,//,‘i May 29, 1987 Mr. Richard J. Folkers - P.E. Director of Public Works City Engineer City of Palm Desert 73-510 Fedwearing Drive Palm Desert, CA 92260 RE:r5iv51) `,Hill (1 1 aNT. J_vAi<1M t Er1C.0 cc F?l G1 DESER Re: Northside Country Club Drive, Lots 26 & 27 Dear Mr. Folkers: The purpose of this letter is to express our strong objection to the Kelly Ordinance #416 requiring a contribution by us for the widening of Country Club Drive. Ever since the purpose for which we originally acquired the property no longer existed, we have tried to sale it. The City of Palm Desert has frustrated and effectively thwarted our efforts to do so. First, we were asscsced 538,642.88 for an extension of several streets in Palm Desert that in no way affected our nrooe.rty, nor did it in any way increase our property value. Why are you not assessing all of these prole rtieu in the area to improve Country Club Drive? S11iy ara you discriminating against the owners on Country Club by expecting them to pay for the improvements on other properties as well as their own. Second, a pending real estate contract consummate when Palm Desert declared moratorium. Other perspective willing to enter into bona fide moratorium is lifted. failed to a building purchasers are not contracts until the Third, you now request that we approve an additional assessment for the purpose of widening County Club Drive with the acknowledged condition that "it is not the intent of the city council to have full frontage improvements, ultimate street widening, curb, gutter, sidewalk, etc. constructed as a part of this process. The intent is only to have essential street widening so that two lanes are provided west bound on Country Club Drive, a major city thoroughfare. This is not only an expensive way of improving the property, but also a Questionable one. MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 23, 1987 EXHIBIT "A" Mr. Richard 3. Folkers Pag(• 2 Your letter indicates your actions would be beneficial to us in four ways: 1. "The property when developed would be conditioned to construct these improvements." While this is true, it would not be done on a piece meal basis which is certainly the most expensive way of improving property. 2. "The construction will be completed for a cost at today's dollars at a more economical scale." This too is not true for you have failed to take into consideration the loss of interest earned on the atsessed dollars. It is likely to result in being one of the most expensive ways from our point of view. 3. "Those improvements increase the value of your property." We take exception to this, it only increases the cost. 4. "The safety and condition of the city streets are increased, and the irregular width of the street can and does cause problems for the motoring public in Palm Desert." We agree with this contention, but as we indicated before; why aren't other properties being assessed to accomplish this when our property was assessed the $38,642.88 for improving these other properties. It is our opinion the moratorium should be lifted to allow the present property owners the opportunity of developing their properties without suffering economic losses before the City of Palm Desert imposes further assessments against them. While you have given us an engineer's estimate, you have not given us a total amount for the job nor have you indicated how the cost is being prorated among the other property owners. In summary, we are extremely opposed to the assessment while the moratorium is still on, and greatly disturbed by what appears to be flagrant discrimination against the owners on Country Club Drive. Very truly yours, John B. Gt. — rd Chairman c he Board JBC:kb