Loading...
HomeMy WebLinkAbout1987-05-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 14, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. 11. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford Crites Councilman Walter H. Snyder Councilman S. Roy Wilson 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/Public Information Officer Ramon A. Diaz, Director of Community Development/Planning Richard J. Folkers, Director of Public Works Kirby J. Warner, General Services Director Pat Conlon, Director of Building 8 Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 23, 1987, and Adjourned City Council Meeting of May 7, 1987. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0407, WR0410, and WR0413. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Iris Tire & Rubber Co. for El Cafe de Mexico, 73-325 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Victor Mihajson, 72-850 Highway 111, Palm Desert. Rec: Receive and refer to the Department of Community Development/Planning for processing of Conditional Use Permit. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by L.A. Roma, Inc., for Tony Roma's, A Place for Ribs, 73-155 Highway 111, Suite 6, Palm Desert. Rec: Receive and refer to the Department of Community Development/Planning for processing of Conditional Use Permit. F. CLAIM AGAINST THE CITY (No. 045) by Kenneth J. and Kimberly D. Cosgrove in the Amount of $300,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. G. CLAIM AGAINST THE CITY (No. 046) by Ga i 1 and John Dirnberger in the Amount of $25,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. H. CLAIM AGAINST THE CITY (No. 047) by Victoria Hall in the Amount of $1,000,000. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • I. REQUEST FOR AWARD OF CONTRACT for Pickup Truck for City Truck Fleet. Rec: By Minute Motion, award the contract for the purchase of a pickup truck for the City truck fleet to Fiesta Ford in the amount of $9,265.46, J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Installing a Snow Fence to Control Drifting Sand in the North Sphere (Contract No. 00-210). Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for snow fencing to contain drifting sand along Frank Sinatra Drive in the North Sphere; and 2) Authorize the appropriation of $24.000 from the unallocated General Fund Reserve for the fence installation. K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-176 - Silver Spur Trail Storm Drain. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $6,100 for Silver Spur Storm Drain Contract No. 00-176. L. REQUEST BY CITY OF BIG BEAR LAKE for Support of AB 1488, State Assistance in Funding the Reconstruction of the Big Bear Dam. Rec: Refer to staff for report and recommendation. M. CONSIDERATION of Resolution of City of Beaumont in Opposition to Assembly Bill 2190 which would Impose a State -Mandated Local Program by Requiring that Members of the City Council be Elected from Single -Member Districts. Rec: Refer to staff for report and recommendation. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • N. REQUEST FOR APPROVAL of Agreement to Acquire Data Base and Servicing (Contract No. 00-211). Rec: By Minute Motion, authorize the Mayor to enter into an agreement (No. 00-211) with the Riverside County Superintendent of Schools which provides for the acquisition and monthly update services of a land management data base. 0. CONSIDERATION OF PETITION from Good Samaritan Village for Annexation to the City of Palm Desert. Rec: By Minute Motion, instruct staff to proceed with the subject annexation. P. REPORT on Palma Village Citizens' Advisory Committee. Rec: Receive and file. Councilman Wilson asked that Items F, G, H. and J be removed for separate discussion. Upon motion by Crites, second by Benson, and unanimous vote of the Council, the Consent Calendar, with the exception of Items F, G, H, and J. was approved as presented. VI. ORAL COMMUNICATIONS - A MR. JOHN DELLA, 265 No. Saturmino Drive, Palm Springs, addressed the Council relative to the sidewalk being required by the City for his project at 74-465 Driftwood Drive in Palm Desert. He said there were no other sidewalks in the area and asked that the Council waive this requirement. With Council concurrence, this item was referred to staff for a report and recommendation at the meeting of June 11, 1987. MR. WAYNE GURALNICK, 74-399 Highway 111, Palm Desert, spoke on behalf of Mr. Mario Lalii relative to the stop work order on his property at 73-124 Willow Street. He reviewed the history of permits issued on this property, noting that approximately $37,000 worth of construction had been done to date. He stated that his client had complied with the City's code. Further, his client had agreed to lower the roof line by.two feet and to install whatever landscaping was necessary, without taking out 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • the electrical work and plumbing, to mitigate the problems with the neighboring properties. He added that he felt the Council would be violating its own ordinance by requiring Mr. Lalli to lower the pad. MR. JOE GIBBS, 801 Tahquitz, Palm Springs, spoke on behalf of Mr. David McCann of 73-086 Willow Street. He stated he felt there was negligence on the part of Mr. Lalli and the engineer in submitting incorrect plans to the City and negligence on the part of the City in not detecting this mistake on the site elevation plans. He said that Section 27.28.070 of the City's Code provides the City with the right and obligation to cancel building permits when facts in the application are not what truly exists. He proposed that the stop order stay in effect and that this matter be referred to the City's Architectural Review Commission to review all the facts and evidence and submit its findings and recommendation to the City Council. Upon question by Mayor Kelly, Mr. Erwin responded 'that technically this item was not listed on the Agenda but that Council would be discussing the matter during Closed Session. He advised that although it would be appropriate for the Council to listen to any parties who wished to address the issue, he would like to speak to the Council in Closed Session before any decision was made. MR. HANK CLARK, 73-183 Willow Street, stated he lived across the street from the property in question. He said when the dirt first began to pile up on the property he went to three different departments in the City and was told the pad would be two feet above the abutting property, but it was actually three to four feet higher than the property to the east. He added that the City had approved a 16 foot building and that the property owners association had approved the preliminary plans with a height of not more than 15 feet. Mr. Guralnick stated that the pad height certification had been given after the height of the pad was known and that the two foot difference was on the east side, not on the west side where Mr. McCann lives. MR. BOB HESSE, 73-162 Willow Street, stated he lived on the east side of this property. He said if the mistake had not been to the advantage of Mr. Lalli, he did not think the pad would have been poured as quickly. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 Mayor Kelly stated that all of the issues raised would be discussed during Closed Session. VII. RESOLUTIONS A. REQUEST FOR SUPPORT OF HALF -CENT SALES TAX FOR RIVERSIDE COUNTY. Councilman Snyder reviewed the memo from CVAG dated May 12, 1987, and recommended adoption of a resolution in support of the half -cent sales tax for Riverside County. He said this legislation would allow the Counties of Riverside and San Bernardino to put a specific transportation measure before the voters should they decide to do so at some future date. Councilman Crites moved to waive further reading and adopt Resolution No. 87-26 in suport of the half -cent sales tax for transportation in Riverside County. Motion was seconded by Benson and carried by unanimous vote of the Council. VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 504 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING A PORTION OF THE CITY'S PERSONNEL RULES AND REGULATIONS. Mr. Altman stated that no changes had been made since introduction of this ordinance and recommended its adoption. Councilmember Benson moved to waive further reading and adopt Ordinance No. 504. Motion was seconded by Crites and carried by unanimous vote of the Council. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • IX. CONSENT ITEMS HELD OVER F. CLAIM AGAINST THE CITY (No. 045) by Kenneth J. and Kimberly D. Cosgrove in the Amount of $300,000. G. CLAIM AGAINST THE CITY (No. 046) by Ga i 1 and John Dirnberger in the Amount of $25,000. H. CLAIM AGAINST THE CITY (No. 047) by Victoria Hall In the Amount of $1,000,000. Councilman Wilson moved to continue Items F, G, and H to the meeting of May 28, 1987, to allow staff time to provide Council with background information relative to the nature of these claims. Motion was seconded by Snyder and carried by unanimous vote of the Council. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Installing a Snow Fence to Control Drifting Sand in the North Sphere (Contract No. 00-210). Councilman Wilson stated he had asked that this be removed for separate discussion because he was interested in seeing whether or not there were other alternatives to a snow fence. Mr. Folkers explained the staff report, noting that grass had been planted in that area to help stabilize the sand. He added that apparently tamarisk trees reduced the amount of blowing sand and that the City had removed a row of these trees when Frank Sinatra Drive was constructed. He said that row of trees had acted as a buffer to the blowing sand, and the snow fence would be the new buffer. He said there was an existing snow fence there already, and staff felt this was the only way to stop the blow sand until development takes place in this area. Councilman Crites moved to, by Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for snow fencing to contain drifting sand along Frank Sinatra Drive in the Citv's North Sphere; and 2) Authorize the appropriation of $24,000 from the unallocated General Fund Reserve for the fence Installation. Motion was seconded by Benson and carried by unanimous vote of the Council. X. NEW BUSINESS None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • . • • • • . • • • • • • • • • • • • • . • • • • XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF PALMA VILLAGE AREA SURVEY. Councilman Snyder moved to, by Minute Motion, concur with the findings of the Palma Village Area Survey Report and make a finding that the area offers substantial housing available at affordable housing costs to persons and families of low or moderate income. The motion was seconded by Benson. Council Comments/Questions: Crites: Noted there were 388 apartment units, of which 164 were available for rent. Felt the end result might be a reduction In the number of low or moderate income units available. Mr. Ortega responded that the alternative would be to create a specific number of units using this money and putting specific rental requirements on them. Said when this policy was set up, the preference was to improve the existing Palma Village area within the City before creating additional rental units. What the City is attempting to do here is use the money in areas that will not be challenged because we would be improving the area by providing drainage. The survey does not say that the $7 million expenditure will benefit these homes only but rather the whole area. Crites: Thought the money was to be used for low and moderate income housing. Thought this use was questionable in terms of the intent of the 20% set aside. Mr. Diaz read from Page 2 of the staff report which stated that "existing single-family and multi -family neighborhoods shall be enhanced by use of Redevelopment Agency housing funds to encourage rehabilitation and owner residency, increasing housing quality and opportunities for lower and moderate income households." He stated he felt that in using the money this way, th'e City would be getting more "bang for the buck". 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • With no further questions or comments, Mayor Kelly called for the vote. The motion carried by a 4-1 vote, with Councilman Crites voting N0. B. CONSIDERATION OF PALM DESERT LIBRARY FEASIBILITY STUDY. Mr. Altman stated that Councilmembers had each received a copy of the Phase I study for their review. He said the steering committee, composed of himself, Mr. Diaz, and Councilmen Snyder and Wilson, felt the study indicated very well what the first phase was and that it was now necessary to see how the different entities receive it. He suggested either having the consultant, Deloitte, Haskings, and Sells (DHSS) come back for a separate meeting with the Council or having them come to a meeting between the Council and the Board of Directors of the College. He added that he had spoken with Dr. George at the College who indicated he thought it would be a 'good idea to meet with the consultant and the Council to see what the next step should be and how the different logistics would be worked out. Councilman Snyder suggested requesting that the County Library people and the College Board sit down with the City Council to discuss this study. Councilman Crites asked that California State -San Bernardino be included in the meeting. Councilman Wilson moved to, by Minute Motion, direct that a meeting be set up with not only the people previously involved in this study but also the policy makers in each entity, the College, and the City for a formal presentation by the consultant and discussion as to the next step to be taken, who pays for what, etc. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. PROGRESS REPORT ON SUNTERRA PROJECT. Council concurred that this report would be held until the 7:00 p.m. portion of the meeting. D. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR CIVIC CENTER MODIFICATIONS (Contract No. 00-181C). Mr. Conlon reviewed the staff report, noting that each of the following three project areas would be bid 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • independently: 1) Conference Room addition; 2) Council Chamber addition; and 3) Remodel to Administrative Services wing. Council Comments/Questions: Crites: Regarding the remodel of the Council offices, felt it would be better and less expensive to put partitions in the existing conference room and create work stations. Councilman Snyder responded that the committee felt this modification would increase the capability of the Councilmembers to do their jobs properly. Kelly: Concerned with modifications to the Council Chamber. Snyder explained that the Councilmembers would be able to make eye contact with staff by having them seated along each side instead of down below at the staff table and that the staff table itself would actually be taken out. Wilson: The concept should be approved before Council authorizes staff to go to bid on these modifications. Mr. Conlon responded that final Council approval and award of the contract would not be requested until the final costs were in. Crites: Concerned with putting a moveable partition in the new conference room and how it would be soundproofed. Mr. Conlon stated part of the conference room addition was to soften the existing accoustics. He added that carpeting would be put in, the walls would be specially treated, and the doors separating the two rooms could be accoustical bifold doors. Wilson: Did not feel the $95,000 for the conference room addition was necessary. Felt the Employees' Lounge should be equipped with carpet, a television, etc., and that the outside patio, which people used, should be left alone. Felt if the City had this kind of money available, it should be used for citizens, roads, etc. and not to make the Councilmembers more comfortable. Did not feel these were high priority items when the City could not even provide a place for organizations such as the Boy Scouts to have meetings. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder responded that it was not planned just to make things more comfortable but to provide an additional conference room. Benson: Felt the conference room addition would benefit the community and that a place large enough to have special functions was a necessity. Councilmember Benson moved to, by Minute Motion, authorize staff, upon completion of the final working drawings, to advertise and call for bids for the conference room addition. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Wilson voting NO. Councilman Snyder moved to, by Minute Motion, authorize staff, upon completion of the final working drawings, to advertise and call for bids for the Council Chamber alterations. Motion was seconded by Benson and carried by a 3-2 vote, with Councilmen Crites and Wilson voting NO. Councilmember Benson moved to, by Minute Motion, authorize staff, upon completion of the final working drawings, to advertise and call for bids for the remodeling of the Administrative Services wing of the Civic Center. Motion was seconded by Snyder and carried by a 3-2 vote, with Councilmen Crites and Wilson voting NO. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin stated he had placed a memo on Council's desks in anticipation of an oral presentation. He said he had been advised that the oral presentation would not occur and there would be some further discussion at staff level. He said the Council could, therefore, disregard the memo. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Draft Environmental Impact Statement on the Devers Palo Verde Transmission Line. Mayor Kelly stated he had received this environmental impact statement and that the 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • • • • • • • * • * • • • • • • • • • • • • • • • transmission line would pass through the Coachella Valley. He said he could not tell from the report where it would pass through Palm Desert. With Council concurrence, staff was directed to review the information and prepare a report to Council stating where it would pass through the City of Palm Desert and how it would impact the City and to ask the Coachella Valley Association of Governments for comment. No formal action was taken. o City Council Committee Reports: Councilmember Benson stated she had attended the Desert Beautiful dinner and that the City of Palm Desert had been presented an Award of Outstanding Contribution for beautification of the Desert because of the Civic Center building. She said the City of Palm Desert was the only city hall in the Coachella Valley to receive this award and that approximately two-thirds of the awards presented went to businesses and office complexes located within Palm Desert. Councilman Wilson reported for Council's information that within the next month the Riverside County Transportation Commission would be paying for a telephone survey to be conducted in Riverside County to find out how citizens feel relative to the sales tax increase for transportation. XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn the meeting at 5:55 p.m. to Closed Session pursuant to Government Code Section 54956.9 (a) and (b) for the purpose of discussing pending and potential litigation. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Kelly reconved the meeting at 6:00 p.m. and immediately recessed for dinner, with no action announced. Mayor Kelly reconvened the meeting at 7:10 p.m. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION OLD BUSINESS C. PROGRESS REPORT ON SUNTERRA PROJECT. Mr. Altman stated that on May 5th, a subcommittee of members of Council, staff, and Mr. Bill Bone had met to discuss this project. He said Mr. Bone had asked to address Council and had offered to answer any questions. He added that at this point in time, the subcommittee did not have any definitive recommendation. Mr. Bone stated that during the May 5th meeting, he felt the only items of real significance discussed were the Cook Street interchange, determination of the amount of funding participation on his part for this interchange, and public access onto Fred Waring Drive from the project. He said that most of Indian Wells, including his project, was in a redevelopment area, which meant that the City of Indian Wells would receive a percentage of property taxes collected in its city. He said that by State law, 20% of Indian Wells' share of this tax money must be spent on moderate income housing. He said that although Indian Wells' present obligation by law was to provide 39 housing units by virtue of what they had done in the City, it was willing to use its tax income bonding capability to provide 200 to 300 housing units. He offered to answer any questions Council might have. XVI. ORAL COMMUNICATIONS - C MR. MICHAEL MAY, 72-808 San Juan, addressed the Council relative to the ordinance for line of sight at intersections which restrict oleanders and hedges higher than six feet. He said he did not think it was fair that he was being singled out because of this ordinance. He said he had received a letter from the City requiring that he cut the oleanders down to six feet; however, he felt if he did that, the people next door could look into his yard whenever they wanted to. He said he felt the ordinance had been designed for line of sight at intersections. Councilman Wilson moved to, by Minute Motion, refer this matter to staff, with no enforcement action to be taken at this time. Motion was seconded by Benson and carried by unanimous vote of the Council. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENTS TO THE RENT REVIEW COMMISSION (Continued from Meeting of May 7, 1987). Councilmember Benson reported that interviews had been conducted during the previous two weeks for the three vacancies on the Rent Review Commission. She said of the seven letters with questionnaires which had been sent out, four applicants expressed regret and stated they did not wish to serve at this time. The other three applicants had been interviewed, and she felt they were all very well qualified to serve as Rent Review Commissioners. Councilmember Benson moved to appoint Randall White, Wanda Tucker, and Joyce Wade-Maltais to the City's Rent Review Commission to fill vacancies created by the resignations of Joe Gibbs, Patricia Power, and Lois Kent, with specific terms to be determined at the Commission's first meeting. Motion was seconded by Crites and carried by unanimous vote of the Council. Councilman Wilson commented that he thought the selection process used for these appointments had worked very well and felt the same procedure should be used for all City commissions and committees, including Civic Arts, Advertising & Promotion, and Economic Development committees. He added that he felt with Council interviewing applicants to serve on these committees, the chances of getting good people to serve the community would be enhanced. Councilman Crites agreed and felt this was a more professional process of selecting people to serve. Councilman Wilson moved to, by Minute Motion, follow this interview and selection process for all City commissions and committees. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor/Chairman Kelly convened the Redevelopment Agency meeting at 7:30 p.m. ROLL CALL Present: Mayor Pro-Tem/Vice Chairman Jean M. Benson Councilman/Member Buford A. Crites Councilman/Member Walter H. Snyder Councilman/Member S. Roy Wilson Mayor/Chairman Richard S. Kelly 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Also Present: Carlos L. Ortega, Assistant City Manager/Executive Director Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/Agency Secretary Richard J. Folkers, Director of Public Works Ramon A. Diaz, Director of Community Development/Planning CONSENT CALENDAR A. MINUTES of the Meeting of the Redevelopment Agency of April 23, 1987. Rec: Approve as presented. Upon motion by Crites, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the City Council/Agency Board. ORAL COMMUNICATIONS None PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF COMMERCIAL CORE AREA SPECIFIC PLAN AND ASSOCIATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. Mr. Ortega stated that the City Council/Agency Board had indicated they wished to meet with the Project Area Committee to discuss its recommendation prior to taking any action on this item. Mayor/Chairman Kelly stated that because this had been advertised as a public hearing, the Council/Agency Board would hear testimony from the audience at this time. He declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this proposal. MR. LARRY GROTBECK of Roberge Jewelry on El Paseo read a resolution which had been adopted by the El Paseo Business Association (on file and of record in the City Clerk's office), approving the Palm Desert Core Commercial Area Specific Plan. MS. JO McCART, 47-440 Rabat Drive, Palm Desert, owner of Prickly Pear Square, spoke against the proposal. She 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 * * * * * * * * * * * * * * * * * * * * * * * * * disagreed with the closing of her one driveway onto El Paseo as well as the driveway at the other end of the block near City National Bank and directing that traffic around Prickly Pear Lane and onto Larrea. She also felt it would be hard on the City to condemn her property and turn it into a parking area when she was already allowing anyone to park there who wished to do so. MR. WILLIAM PLOGER, City National Bank, agreed with Ms. McCart and expressed opposition to the proposal. MR. FRANK GOODMAN, 77-900 Avenue of the States, spoke on behalf of eight property owners located between Alessandro and Highway 111. He said that many of them used Alessandro as a secondary through street rather than using Highway 111 and hoped it would not be blocked and turned into a parking lot. He added that he felt the only advantage to be obtained by doing this would be that people would have less walking to and from businesses. MRS. ELEANOR SEGALL, 73-758 DeAnza Way, agreed with Mr. Goodman and stated she owned a business on Highway 111 that backed up to Alessandro. She added that if the proposal were approved, the City would cul-de-sac all those streets except Deep Canyon, Alessandro, and San Pablo, which would divert traffic onto DeAnza Way and make it difficult for people to cross Portola Avenue. MR. JACK DAYTON, 74-280 Alessandro, expressed concern that the City keep this area a clean, respectable living area and stated that many of the homeowners had been there many, many years. He reviewed the letter and petition he had submitted to the City dated March 25th and April 7th, respectively (on file and of record in the City Clerk's Office). MR. GERALD SEGALL stated he felt business would be stifled if Alessandro were closed. He added that he felt the Palma Village area could be a tourist attraction in the future. MR. CHARLIE MILLER, Little Bend Trail, thanked the Council for making the frontage road two-way from 1st Bank of Palm Desert going east. Mayor/Chairman Kelly reminded everyone that there would be another opportunity for testimony when this item is next considered by the City Council and Redevelopment Agency Board. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • . • * • • • • * MAY 14. 1987 • • • • • * • • • • Councilman/Member Crites moved to, by Minute Motion, continue this item to the meeting of June 11, 1987. Motion was seconded by Benson and carried by unanimous vote of the Council/Agency Board. RESOLUTIONS None CONSENT ITEMS HELD OVER None NEW BUSINESS None CONTINUED BUSINESS None OLD BUSINESS None REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL Absent C. CHAIRMAN AND MEMBERS OF THE AGENCY None ADJOURNMENT Upon motion by Crites, second by Benson, and unanimous vote of the City Council/Agency Board, Mayor Kelly adjourned the Redevelopment Agency meeting at 7:55 p.m. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW 13 RESIDENTIAL UNITS ON A 40,500 SQUARE FOOT PROPERTY IN THE R-3 20,000 (3) ZONE LOCATED ON THE NORTH SIDE OF SHADOW MOUNTAIN DRIVE, 750 FEET WEST OF PORTOLA AVENUE - CASE NO. PP 87-3, HSM PROPERTIES, APPLICANT (Called up by City Council at its Meeting of April 9, 1987). Mr. Diaz reviewed the staff report, noting that all requirements of the present ordinance had been met as well as additional open space requirements which had been suggested to offset some of the concerns staff had with the project at Larrea and Shadow Mountain. He said staff recommended approval of the project. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this project. MR. KEN STINDELL, 72-847 Skyward Way, concurred with staff's report and stated he had obtained a stockpile permit to bring the grading into conformance with the City's grading ordinance in effect at that time. He said, however, that the ordinance was being changed and that he had removed the dirt and would be working with both the Public Works Department to obtain the correct grading and with the owners on the north side of the site to obtain a drainage easement to facilitate the drainage runoff. He offered to answer any questions. Councilmember Benson questioned where the two-story element would be located. Mr. Stindell responded that he could change the plan around to put the two-story adjacent to the vacant lot. MASON NURICK, 73-771 Larrea Street, stated he owned a lot adjacent to this project. He said he was not opposed to this project as long as the two-story was changed the way Mr. Stindell indicated. Mayor Kelly invited testimony in OPPOSITION to this request. MR. JOSEPH LYONS, JR., 73-860 Shadow Mountain, stated he lived just east of this property and had been fighting the two-story element since 1978 and that this was the third developer who had tried to put in a two-story structure. He felt it was a big mistake to put high density units in Palm Desert. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14. 1987 * * * * • • * * • * • * • • * * * • * • • • * • • Mayor Kelly declared the public hearing closed. Council Comments/Questions: Crites: Felt the issues in this case were two-story vs. one-story and neighborhood compatibility. Snyder: Felt two-story was not compatible and did not fit the atmosphere of Palm Desert at this location. However, felt the project itself was not too disagreeable and stated he would go along with it. Benson: Concerned with the possibility of infilling this area with two-story structures. Mr. Diaz stated the two- story was compatible with the permitted use. Benson stated she agreed with putting the two-story in the middle of the project. Wilson: How long ago was this project started through the approval process? Diaz responded that the applicant had filed on January 12, 1987. Kelly: Felt the applicant had made the project compatible by moving the two-story away from the one-story adjacent properties and that this project would be an asset to the community. Mr. Diaz stated he felt the following conditions should be added to Resolution No. 87-27 if the Council decided to approve the precise plan: 1) The applicant shall revise the structures to place the two-story elements in the seven-plex to abut the vacant parcel to the north; and 2) The two-story element in the four-plex shall be internally redesigned to have views not overlook the property to the west. Wilson: How many units would the applicant lose if the project was all one-story? Mr. Diaz responded that the applicant could have the same number of units but would have to redesign the project. Mr. Stindell added that although it could be redesigned, there would have to be 700, 800, or 900 square foot, one bedroom, one bath units instead of 1,100 square foot, two bedroom, two bath units which would not be as nice. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 . * * * . * * * * * . • * * * • . . • • * . * • Councilman Snyder moved to waive further reading and adopt Resolution No. 87-27, amended to include the two conditions stated by Mr. Diaz. Motion was seconded by Wilson and carried by a 4-1 vote, with Councilman Crites voting NO. B. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW 13 RESIDENTIAL UNITS ON A 40,500 SQUARE FOOT PROPERTY IN THE R-3 20,000 (3) ZONE LOCATED BETWEEN SHADOW MOUNTAIN DRIVE AND LARREA, 450 FEET WEST OF PORTOLA AVENUE - CASE NO. PP 87-2, HSM PROPERTIES, APPLICANT (Called up by City Council at its Meeting of April 9, 1987). Mr. Diaz reviewed the staff report and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. KEN STINDELL, 72-847 Skyward Way, spoke as the applicant and stated he agreed with staff's recommendation. He asked for clarification of Public Works Condition #7 in Resolution 87-28 relative to undergrounding of the utilities. He said he would join an underground agreement with the utility companies but until such- a time as that entire area is undergrounded, it would be a tremendous economic hardship for him. He said he had already removed any permanent structures from the ten -foot easement area. Mr. Diaz responded that the developer would not be required to underground the utilities at this particular time. Mayor Kelly invited testimony in OPPOSITION to this request. MR. JOSEPH A. LYONS, 73-860 Shadow Mountain Drive, stated this property was located to the east of his home and that he was opposed to two-story structures being built in this area. Mayor Kelly declared the public hearing closed. Council Comments/Questions: Crites: Felt the developer had done a professional and commendable job on the project but also felt that what would stand out when people drive along Shadow Mountain would be the two-story structure. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14. 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Snyder: Agreed with Crites but said the area along San Luis Rey, which is primarily motels, will be changing. Wilson: Stated he would vote in favor of this project but still did not feel the two-story element was really compatible with the area. He said he hoped that in the future staff would try to discourage that type of design and make sure projects are one-story and compatible in the early stages and not wait until so late in the process to tell a developer his project should not be two-story. Councilman Wilson moved to waive further reading and adopt Resolution No. 87-28, approving PP 87-2. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Crites voting NO. C. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM RESIDENTIAL (R-2 S.P.) TO OFFICE PROFESSIONAL (O.P.) FOR PROPERTY LOCATED ON THE WEST SIDE OF MONTEREY AVENUE NORTH OF ARBOLEDA AVENUE (MIKE HOMME AND JOE BENARON, APPLICANTS) Mr. Diaz stated that staff felt this property was not appropriate for residential use because of the traffic on Monterey Avenue. He reviewed the staff report and recommended approval of the change of zone. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. MIKE HOMME, 277 Santa Barbara Circle, spoke as the applicant and stated he would agree to offer grants of easement for access purposes to the westerly lots should they ever be rezoned to office professional, a condition added by the Planning Commission, as long as it was reciprocal. Mayor Kelly invited testimony in OPPOSITION to this request. MR. BOB ANDERSON, 43-155 Portola Avenue, spoke as the represenat i ve for Susanne Carras, 43-700 Acacia, one of the adjacent property owners. He said she felt the entire area should be rezoned as office professional instead of having office buildings taking up four lots, then a vacant lot, and then the Coachella Valley Water District site. Mayor Kelly declared the public hearing closed. Council Comments/Questions: Benson: Why are we looking at changing just these four lots at this time? Diaz responded it was because all of 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14. 1987 * • * • • * • • • • • • • • • • • • • • • • • • • the property owners could not get together and that if the entire area were rezoned to office professional, there would be legal nonconforming use on the presently developed properties. This could cause future problems in selling those properties and obtaining loans. Snyder: Have the owners of the six lots on the east side been contacted? Diaz responded that staff was not trying to get them together at this time. Councilman Wilson moved to waive further reading and pass Ordinance No. 505 to second reading. Motion was seconded by Snyder and carried by unanimous vote of the Council. Councilman Wilson commended the applicant and the architect for a very desirable looking one-story set of office• buildings. Council concurred. D. REOUEST FOR APPROVAL OF TWO 2-STORY FOUR-PLEX APARTMENT STRUCTURES AT THE SOUTHWEST CORNER OF SHADOW HILLS ROAD AND DRIFTWOOD DRIVE (CASE N0. PP 87-9, FRED VEIGA AND BILL ROSSWORN, APPLICANTS). Mr. Diaz reviewed the staff report, noting that the overall plan met the requirements of the Code and that staff recommended approval subject to conditions set forth in the resolution. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. BILL ROSSWORN, 41-530 Woodhaven Drive East, spoke as one of the applicants and offered to answer any questions. Mayor Kelly invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 87-29, approving PP 87-9. Motion was seconded by Benson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - 0 None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XX. ADJOURNMENT Mayor Kelly asked that everyone note the Future Meetings listed on the Agenda. Councilman Wilson moved to adjourn the meeting to 9:00 a.m. on Tuesday, May 19, 1987, pursuant to Government Code Section 54956.9(b) for the purpose of discussing potential litigation. Motion was seconded by Crites and carried by unanimous vote of the Council. ATTEST: SHEILA R. G GAN, CI CLERK CITY OF PALM DESERT, c� IFORNIA RI HA D S. K LLY, MAYO 23