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HomeMy WebLinkAbout1987-10-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY. OCTOBER 8. 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:10 p.m. Ii. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly III. INVOCATION - Mayor Pro-Tempore Jean M. Benson IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. 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 Mary P. Frazier. Deputy City Clerk Richard J. Folkers, Director of Public Works Ramon A. Diaz. Director of Community Services Kirby J. Warner, Director of General Services V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 24, 1987. Rec: Approve as presented. 8. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0907 and WR0910. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Alfred A. Noffsinger for The Sandwichboard, 73-241 Highway 111, ##4B, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Gourmet International, Inc. for Le Gourmet, 72-624 El Paseo, #C-8, Palm Desert. Rec: Refer to the Department of Community Development for processing of Conditional Use Permit. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Prestige Stations, Inc. for Arco AM/PM Mini -Mart, Highway 111 and Portola Avenue, Palm Desert. Rec: Receive and file. F. BUDGET FOR EXPENDITURE OF FUNDS for the El Paseo Improvement Area. Rec: Receive and file the budget and plan of expenditures for fiscal year 1987/88. G. REQUEST BY RIVERSIDE COUNTY COALITION FOR ALTERNATIVES TO DOMESTIC VIOLENCE for Contract No. 00-241 Amendment. Rec: By Minute Motion, approve Amendment No. -1 to the RCCADV project proposal for Community Development Block Grant funds to allow the inclusion of a children's activity building in conjunction with the emergency shelter project. H. REQUEST FOR ACCEPTANCE OF WORK on Contract No. 00-146C for Haystack Bikepath. Rec: By Minute Motion, accept the work as complete and instruct the City Clerk to file a Notice of Completion with the Riverside County Recorder. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • 1. REQUEST FOR AWARD OF CONTRACT NO. 00-253 To Applied Research Technologies for Overcharge Recover for Telephone Services. Rec: By Minute Motion, award the contract to secure monies due the City as a result of overcharges by telephone companies and carriers. J. LETTER FROM COUNCILMAN MARCOS LOPEZ OF THE CITY OF INDIO in Support of Palm Desert's Efforts Regarding Palmer Cablevision's Realignment of Channel 8. Rec: Receive and file. K. LETTERS IN OPPOSITION TO CHANNEL 8 REALIGNMENT BY PALMER CABLEVISION from: Mrs. P. E. Thompson, Maureen McGiven, Dorothy Harte, Bobbie Gene Presson, Doris Welch, Richard Zak, Clyde Eastman, Robert A. Rudolph, Norman Gardner, Father Andrew Rank, Mr. 8 Mrs. Ronald F. Brown, Marion Cannon, Mildred Maidman, Mr. & Mrs. Bernard Glatt, David V. Nelson, Peggy Smothers, G. A. Holmes, Cathy Molever, Callic Coates, Patricia Reed, David 8 Rosemary Spierling, and Elaine Reed. Rec: Receive and file. L. RE4UEST FOR APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 00-185 FOR USE OF THE FOURTH DISTRICT SUPERVISORIAL BLOCK GRANT FOR COLLEGE OF THE DESERT CHILD CARE CENTER. Rec: By Minute Motion, approve the Supplemental Agreement No. -1 for use of Community Block Grant Funds. M. REQUEST BY RIVERSIDE COUNTY FOR SUPPORT OF DAVIS-BACON ACT REFORM. Rec: By Minute Motion, approve the request and support the County of Riverside in its effort through the National Association of Counties to revise the Davis -Bacon Act. Mr. Altman asked that the Minutes of the September 24th Council meeting be continued to October 22, 1987, inasmuch as they were not yet completed. Councilman Wilson asked 3 MINUTES • REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • that Items H and L be removed for separate discussion. Benson asked to remove Item E, and Mayor Kelly removed Item I for separate discussion under the Consent Items Held Over portion of the Agenda. Councilman Wilson moved to continue the Minutes of September 24 to October 22, 1987, and, with the exception of Items E, H. I, and L, approve the Consent Calendar as presented. Motion was seconded by Benson and carried by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 87-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MODIFYING THE CONDITIONS OF APPROVAL FOR D 8 D DEVELOPMENT. Mr. Altman stated that this resolution had been prepared as a result of the September 24th Council meeting. Councilman Crites moved to waive further reading and adopt Resolution No. 87-90. Motion was seconded by Snyder and carried by unanimous vote of the Council. VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 514 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 27, GRADING, OF THE PALM DESERT MUNICIPAL CODE. Mr. Altman stated that this ordinance had been introduced at the previous meeting and recommended adoption. Councilmember Benson stated that additional information had been received from a local engineer which she felt should be reviewed prior to adoption. She felt the items brought up were significant items which had been overlooked. Instead of adopting the ordinance and then 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • s i f i i i • • i • i i i I I a s i i s i ; * • amending it at a later time, she felt it should be postponed at this time. Councilman Snyder agreed that the additional information needed to be studied but felt staff needed to have something on the books to operate with. He felt the ordinance should be adopted at this time and amended as determined appropriate. Councilman Wilson stated he felt it should be postponed so that the ordinance, when adopted, will be the way the Council wants it to be and not have to be changed. Mr. Folkers stated that the committee had spent a lot of time going through this ordinance to make it as complete as possible; however, the committee did feel adjustments would be needed from time to time. He said they would be continually searching out new information to upgrade the ordinance and keep it current. He said he felt the information submitted by the local engineer was something that could be dealt with at a future time and that staff recommended adoption of this ordinance in order to have something to work with. Mayor Kelly agreed with Snyder and felt the ordinance should be adopted at this time as a tool for staff. It could then be amended if and when changes needed to be made or new information was received. Councilman Wilson added that this new information had been submitted by a businessman in the community. He said he was asking that staff be given additional time to review the information before adoption of the ordinance. Councilmember Benson moved to continue this matter to the meeting of October 22. 1987, so that staff could prepare a report relative to the additional information submitted. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. ORDINANCE NO. 515 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA. RELATING TO STREET CUT AND TRENCH REPAIRS WITHIN NEWLY CONSTRUCTED STREETS. Mr. Altman stated this was introduced at the last meeting and recommended its adoption. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Upon motion by Crites, second by Snyder, Ordinance No. 515 was adopted by unanimous vote of the Council. C. ORDINANCE NO. 516 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.24 (PLANNED RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE RECLASSIFYING COMMUNITY FACILITIES, RECREATION RELATED INSTITUTIONAL FACILITIES, RESORT HOTELS, AND UTILITY FACILITIES AS CONDITIONAL USES. CASE NO: ZOA 87-1 Mr. Altman stated that no further input had been received since introduction of this ordinance and recommended that it be adopted. Upon motion by Snyder, second by Benson, Ordinance No. 516 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Prestige Stations, Inc. for Arco AM/PM Mini -Mart, Highway 111 and Portola Avenue, Palm Desert. Counci1member Benson asked what had happened at the Planning Commission meeting with regard to the Arco AM/PM Mini -Mart. Mr. Diaz responded that the Planning Commission vote was 2-2, or no action and that the matter would be considered by the Council at a later date. He said the Conditional Use Permit (CUP) was still pending and that the Alcoholic Beverage License would not go into effect if the CUP was not received. Upon question by Mayor Kelly, Mr. Diaz stated that staff would notify the Alcoholic Beverage Control Office of this situation. Councilman Crites moved to receive and file this application. Motion was seconded by Wilson and carried by unanimous vote of the Council. H. REQUEST FOR ACCEPTANCE OF WORK on Contract No. 00-146C for Haystack Bikepath. Councilman Wilson stated that there were some older bikepaths in the City which were not designed for handicap use and which did not operate well as bikepaths. He said 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • • there were also some older sidewalks which could not handicap accessible. He asked that staff prepare a report on these areas and come up with a master plan to correct these problems. He also stated he felt staff should be requesting SB26 funds every year in order to get as much outside assistance as possible. Mr. Diaz stated that not all sidewalks were built wide enough to accommodate bikes, and there are some which do not have a handicap lip. He said staff would check into these and report back to the Council. Councilman Wilson moved to, by Minute Motion, accept the work as complete and instruct the City Clerk to file a Notice of Completion with the Riverside County Recorder. Motion was seconded by Crites and carried by unanimous vote of the Council. I. REQUEST FOR AWARD OF CONTRACT NO. 00-253 To Applied Research Technologies for Overcharge Recover for Telephone Services. Mayor Kelly asked if It might be considered a conflict of interest if he voted on this matter. He said that as of that time, he had no financial ties with either General Telephone or GTE Corporation and that he was a retired manager. Mr. Erwin stated that the Mayor would have a conflict only if the matter would impact him financially. Upon question by Mayor Kelly, Mr. Warner responded that the City would only pay this firm based upon an actual recovery or credit given by the telephone company for any errors in the City's rates. Councilman Wilson moved to, by Minute Motion, award the contract to secure monies due the City as a result of overcharges by telephone companies and carriers. Motion was seconded by Benson and carried by unanimous vote of the Council. L. REQUEST FOR APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 00-185 FOR USE OF THE FOURTH DISTRICT SUPERVISORIAL BLOCK GRANT FOR COLLEGE OF THE DESERT CHILD CARE CENTER. Councilman Wilson stated that he would be abstaining from voting on this matter. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilmember Benson moved to, by Minute Motion, approve the Supplemental Agreement No. -1 for use of Community Block Grant Funds. Motion was seconded by Snyder and carried by a 3-0-2 vote, with Councilmen Crites and Wilson ABSTAINING. X. NEW BUSINESS A. INFORMATIONAL ITEMS: 1. Alignment of Mesa View Drive. Councilmember Benson asked what would happen with the alignment of Mesa View Drive if the development being planned for that. area did not go through in December of 1987. She asked if it could be aligned as part of the Kelly Ordinance widening or it if would have to wait until the area was developed. She also asked what type of signs were going to be installed. Mr. Folkers responded that staff would advise Council if it appeared that the development would not go through. He added that staff was putting in additional curb signs and reflective panels along the edge of the pavement. XI. CONTINUED BUSINESS A. CONSIDERATION OF A RECOMMENDATION FROM THE CITY ATTORNEY REGARDING FINANCIAL DISCLOSURE REQUIREMENTS. Mr. Altman stated that staff was in the process of getting more information from other cities in the Coachella Valley. He asked that the matter be continued for two additional weeks. Mr. Erwin added that he had no recommendation at this time but had sent copies of a Fair Political Practices pamphlet to each Councilmember and Planning Commissioner which addressed this matter in plain language. Councilman Wilson moved to continue this matter to the meeting of October 22, 1987. Motion was seconded by Benson and carried by unanimous vote of the Council. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XII. OLD BUSINESS A. REQUEST BY AHMANSON DEVELOPMENT FOR REFUND OF SIGNALIZATION FEES FOR TRACT NO. 21718, ONE ELEVEN TOWN CENTER. Mr. Altman briefly reviewed the staff report. MS. BONNIE GARLAND-GUSS, Schlecht, Shevlin 8 Shoenberger. 801 E. Tahquitz Way, Palm Springs, spoke as the representative of the developers for One Eleven Town Center. She said two conditions were imposed on the project --payment of signalization development fees in the amount of $74.000. and installation of a traffic signal on Town Center Way at the entrance to the project, which she said would cost approximately $85,000. She said the developer wanted to record the final map during the summer and was told the signalization fee would have to be paid before the map was approved and that Mr. David Newsome had appeared before the City Council on July 23rd to request a waiver of those fees due to a hardship. The request was denied by the City Council at that time, and the developer paid the fees under protest on August loth. She said this request for refund of signalization fees was based on the following: 1) There was no need at the present time for a traffic signal at the intersection of Fred Waring Drive/Town Center Way and that Mr. Ernest Hahn of the Town Center was already obligated to put in a signal when it becomes necessary; 2) Other developers in the City had been given credit against signalization fees in an amount equal to the cost of improvements for traffic signals. The cost of the traffic signal this developer was installing was more than the amount of the fee; and 3) An Attorney General opinion provides that a city cannot collect traffic signalization fees from a developer for a signal outside the boundaries of the development. Mr. Erwin stated that the Attorney General's opinion does not have the weight of a precedent --it is that office's best estimate of what they believe the law is or should be with regard to a particular issue. He said the opinion referred to by Ms. Garland-Guss was a 1980 opinion, and there have been a lot of changes since that time with regard to environmental impact reports and conditions. Councilman Snyder stated that the requirement for payment of traffic signalization fees was in the conditions when the project was first approved. 9 M 14UTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • OCTOBER 8, 1987 • • • • • • • • • • • Councilman Wilson stated he disagreed with the statement by Ms. Garland-Guss that the development was not impacting the traffic outside the development. Councilman Crites agreed with Snyder and stated he felt the developer should have brought this issue up before this time. He said it was a reasonably well established fee, and he saw no reason to refund the money. Ms. Garland-Guss stated that she had not said the development would have no affect on the traffic; she said it had no direct impact. She said it was not correct to say that a signal was necessary because of only this one project. She added that members of staff had led the developer to believe that the fees would be refunded. Upon question by Councilman Wilson, she stated that she had nothing in writing from staff and that it was all verbal. She said she believed that by installing a traffic signal at a cost of $85,000, the developer was doing what was necessary to mitigate any traffic impacts. Councilmember Benson moved to, by Minute Motion, deny the request. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF FRED WARING DRIVE WIDENING UNDER THE KELLY ORDINANCE. Mr. Altman stated there was a memo in the packets describing this project and recommended that staff be authorized to proceed. He offered to answer any questions. Councilmember Benson moved to waive further reading and adopt Resolution No. 87-91. authorizing staff to proceed with the Kelly Ordinance widening of the north side of Fred Waring Drive between Valley Palms Estates and Deep Canyon Road. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. REQUEST FOR AWARD OF CONTRACT NO. 00-235 for Monterey Avenue, Fred Waring Drive, and Magnesia Falls Drive Median Landscape & Irrigation Construction. Mr. Folkers stated that only one bid had been received for this contract. and it was a lot higher than the estimate for the project. He said it was staff's recommendation 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING -OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • that the bid be rejected and staff authorized to negotiate with the bidder. Moser Landscape. Inc. Mr. John Wohlmuth, Administrative Assistant, reviewed the staff reports. noting that one of the reasons the bid was so much higher than the estimate was that the palm trees were so much more expensive than anticipated. Another item that was expensive was the boulders to be used in the project, and these two items amounted to approximately $70,000. He said that the City would be able to purchase the boulders inexpensively from Matich Corporation and that several offers of palm tree donations had been received from citizens. He added that he had met with citizens the previous evening to discuss the project and their concerns. Mayor Kelly asked what concerns the citizens had, and Mr. Wohlmuth responded that Mrs. Marion Henderson had looked at the plans. He said she felt it was too busy and that she would like to see more natural ground and sand. He added that the architect had indicated the plants could be reduced by 20% and would still grow. Councilman Snyder commended staff for looking into these different areas of concern. Crites agreed and stated that this would be a show piece for the City. Councilman ,Crites moved to, by Minute Motion: 1) Reject all bids and authorize staff to negotiate with the low bidder, Moser Landscape, Inc.; and 2) Appropriate an additional $35.000 from the unallocated General Fund budget reserve for the subject contract and the ten percent contingency reserve. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Altman stated that the Citv's softball team had placed 4th in the annual Crimestoppers Tournament the previous weekend and commended the players for their hard work. B. CITY ATTORNEY None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - 8 MR. SANDY BAUM, 45-800 Deep Canyon, stated that recently while approaching the intersection of Deep Canyon and Highway 111,he noticed that there was no sidewalk between Goleta and Fred Waring on the west side of Deep Canyon. He asked if a sidewalk could be installed as part of the widening of Fred Waring. Mr. Folkers stated that staff would look into this situation. Councilman Wilson moved to adjourn to Closed Session at 5:12 P.M. pursuant to Government Code Section 54956.8, Real Property Transactions, and 54956.9(b), Pending Litigation. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 6:10 p.m. and immediately recessed for dinner. Mayor Kelly reconvened the meeting at 7:00 p.m. He announced that the City Council, in Closed Session, agreed to a settlement of the lawsuit that was filed against Palmer Cablevision. He stated that, in summary, the terms and conditions of the proposed settlement were as follows: 1) Palmer will reassign programming from KCET-TV/PBS to Channel 8, with the reassignment to be effective November 2, 1987; 2) After the reassignment described in paragraph 1 has been accomplished, the subject lawsuit will be dismissed with prejudice by the City; 3) The City and Palmer will mutually release each other relative to the claims, damages and actions alleged in the Complaint in the subject case; and 4) The City and Palmer wi 1 l each bear their own attorneys fees and costs incurred relative to the subject case. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE to City of Palm Desert from Automobile Club of Southern California. Mr. Dick Jandt, Manager of the Automobile Club of Southern California, thanked the Council, staff, and law enforcement personnel for their part in completing their pedestrian survey which is done annually by his firm. He presented a plaque to the City for having no pedestrian fatalities during the survey year. Mayor Kelly accepted the plaque on behalf of the Council, citizens of Palm Desert, Police Advisory Committee, and Sheriff's Department. B. PRESENTATION OF PLAQUES to People -to -People Representatives of Palm Desert. Mayor Kelly presented plaques of appreciation to An Kim, Dawn Ackerman, and Ted Reed for their participation In the People -to -People program during the summer. He said the City Council was proud to have three such fine representatives from Palm Desert. C. CONSIDERATION OF -APPOINTMENTS to Parks & Recreation Commission to Fill Vacancies Created by Expiration of Term of James Montoya (Continued from Meeting of August 27, 1987). Councilmember Benson nominated Mr. Daniel Barnes to fill the vacancy created by the expiration of term of James Montoya. Crites seconded her nomination. Councilman Snyder moved that nominations be closed and a unanimous ballot be cast for Mr. Barnes. The motion was seconded by Crites and carried by unanimous vote of the Council. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • OCTOBER 6, 1987 • • • • • • • • • • • D. CONS1_DERATION OF APPOINTMENTS to Advertising & Promotion Committee to Fill Vacancies Created by Expiration of Term of Marci Blatt and Resignations of the Following Members: Patty Clark (9/88); Michael Grossman (9/89); Marilyn Delaney (9/89); and Kendale Trahan (9/88) (Continued from Meeting of August 27, 1987). Councilman Crites moved to, by Minute Motion, appoint the following members to the Advertising & Promotion Committee: 1) Juan Casado to fill the expired term of Marci Blatt, said term to run through September, 1 991 ; 2) Lou Fe i r i ng to fill the unexpired term of Patty Clark, running through September, 1988; 3) Lloyd Chester to fill the unexpired term of Kendale Trahan, running through September, 1988; 4) Nancy Dolensek to fill the unexpired term of Michael Grossman, running through September, 1988; and 5) Kathy Tumpane to fill the unexpired term of Marilyn Delaney, running through September, 1989. Motion was seconded by Benson and carried by unanimous vote of the Council. E. CONSIDERATION OF APPOINTMENTS to Civic Arts Committee to Fill Vacancies Created by Resignations of the Following Members: Jane Leung (9/87); Michael Grossman (9/88); and Barry White (9/90) (Continued from Meeting of August 27, 1987). Councilman Wilson moved to continue this item to the meeting of October 22, 1987. Motion was seconded by Snyder and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF AMENDMENT TO THE CITY OF PALM DESERT MUNICIPAL FLOODPLAIN ORDINANCE TO COMPLY WITH GUIDELINES SET FORTH BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. Mr. Folkers reviewed the staff report and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony fn FAVOR of or OPPOSED to this request. None was offered. He declared the public hearing closed. Councilman Crites moved to waive further reading and pass Ordinance No. 517 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. CONSIDERATION OF A GENERAL PLAN AMENDMENT AND CHANGE OF ZONE FROM PR-3, S.P., TO PR-3.5, S.P., TENTATIVE TRACT MAP, PRECISE PLAN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO CONSTRUCT 1,249 UNITS AND A GOLF COURSE CLUBHOUSE ON 404 GROSS ACRES AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND COOK STREET - TEMPLE DEVELOPMENT, APPLICANT. Mr. Diaz reviewed the staff report, noting that this was a build out of the old Desert Falls property. He reviewed revisions to the project which the developer had agreed to at the request of staff, adjacent property owners, and the Planning Commission: No six-plex units --maximum of four- plex; single -story construction in areas along Avondale to protect the views; attached garages instead of carports. He said that one of staff's concerns was the public improvements conditioned as part of the Desert Falls project. He reviewed Condition #12 of the Planning Commission Resolution relative to full off -site improvements and stated that staff felt the phasing set forth in this condition would enable the project to proceed at a reasonable pace and secure the needed public improvements on those streets. Council Comments/Questions: Benson: Will there be an entrance or exit on Frank Sinatra? Diaz responded that there would only be emergency exits on Frank Sinatra and Country Club at this time. Crites: Thanked staff for a very clear report. Stated that when this project was originally discussed a suggestion was made to the architect to try and minimize the number of two -store structures placed along the crest of the ridge line. He asked if that had been considered in the placement of two-story vs. one-story structures. Mr. Diaz responded that it had been considered and staff was satisfied with the placement. Crites stated that he felt the following conditions should be added: 1) Sufficient space should be left at the corner of Country Club and Frank Sinatra to provide a significant landscape and water feature; 2) The two openings in the wall along Cook Street should remain to be used as a view through area; 3) The landscaping along Cook Street should be compatible with the type being put in the medians and with that planned for the North Sphere area. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Kelly: Stated that he felt the City would probably want a signal on Country Club at the openings to both this project and The Lakes some time in the future. Mr. Folkers stated that a request for a traffic signal had been received from The Lakes in the spring. He said the traffic warrants were not high enough to allow installation of a signal, and staff's projections were that it would be several years before a signal would be necessary. Benson: Suggested that a condition be added stating that the developer would agree to participate in a signal at such time as the City determines it is necessary. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this project. MR. MARK TEMPLE, 1010 Andreas Palm, Palm Springs, explained the agreement which had been reached with Avondale to clean up the "no man's land" between Desert Falls and their property, landscape that area, move the wrought iron fence, put in a retainer wall, etc. He said a similar agreement had been reached with Del Safari. He added that he was in the process of arranging an agreement with the Desert Falls Homeowners Association which would grant those residents access to the golf course, racquetball courts, etc. He said he would agree to the conditions added by Councilmembers Crites and Benson. As far as participation in the signal, he said he was sure an agreement could be worked out with Desert Falls and The Lakes for proportionate share in the signal. He also stated that he would agree to participate in an opening on Frank Sinatra if determined appropriate by the City at a future time. Crites: Any problem on the corner of Country Club and Frank Sinatra as far as moving the wall and putting In substantial landscaping and a water feature? Mr. Temple stated there would be no problem and, in fact, they would also be putting in a major statement at the corner of Cook Street and Country Club. Benson: Where will the two-story structures be located? Temple responded that there would be one- and two-story 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • along Cook Street, but only one-story along the ridge line. Mayor Kelly invited testimony in OPPOSITION to this request. MS. AUDREY OSTROWSKY, P.O. Box 351, La Quanta, asked that approval of this project be delayed because several of the homeowners' concerns had not yet been addressed. She said the 29 original homeowners had been paying for a carded security gate, and the developer no longer wanted to have this type of security system. She said the golf course would also not agree to pay for any of the landscaping. Upon question by Councilman Crites, Ms. Ostrowsky stated she was speaking as an individual and was not representing the homeowners. Mr. Temple stated that he was sorry Ms. Ostrowsky felt the way she did. He explained that there would be 24-hour security, with a guard at the main gate and another roving guard. He said there would be two lanes into the development; the first would require visitors and guests to stop and check in with the guard, and the second would be for the homeowners. He said that homeowners were currently paying $60.00 per month for security, and this amount would be reduced to $30.00 per month. MRS. CREIGHTON, 112 Desert Falls, stated she was concerned with allowing traffic to go unobstructed through the development to the clubhouse. She asked if it would be possible to provide an entrance on Frank Sinatra for people going to the golf course . Councilman Crites responded that this would not really be feasible because the traffic would have to go all around the rest of the residential area to get there. MR. SANDY BAUM, 45-800 Deep Canyon, asked who would be landscaping the median on Cook Street. Mr. Diaz stated that there had been reimbursement agreements in the past with the Marriott people where they put in the landscaping and will then be reimbursed part of the cost when development takes place on the other side of the street. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Folkers stated that the developer would be required to put in landscaping per condition #12 of the Planning Commission resolution. Mr. Altman stated that the developer would be reimbursed 50% of the actual cost when development takes place across the street. Mr. Temple agreed. Councilman Crites reviewed the conditions added by the Council: 1) As noted in Condition #12 of the Planning Commission resolution, the landscaping will be done in four phases along both Country Club Drive and Frank Sinatra. At such time as development takes place on the other side of those streets, the applicant will be reimbursed for half of the actual costs of planting the landscaping; 2) Applicant shall reimburse the City for all funds expended by the City for construction of Cook Street; 3) Only one-story buildings will be allowed along the ridge line extending through the development; 4) At the corner of Country Club and Frank Sinatra, sufficient space will be left at that point to provide significant landscaping and water feature; 5) Fence openings along Cook Street will be left in place so they will be used as a view through area; 6) Landscaping of medians on Cook Street will be compatible with that of the North Sphere and current median development; 7) Developer will agree to participate in a street opening on Frank Sinatra as determined appropriate by the City; and 8) Developer will agree to participate in a traffic signal on Country Club at such time as determined appropriate. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 87-92, amended to include City Council conditions stated above; and 2) Waive further reading and pass Ordinance No. 518 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. Councilmember Benson thanked the developer for coming in and rescuing a project that had become a real eyesore for the City. Mayor Kelly agreed and wished Temple Development success in completing the project. XIX. ORAL COMMUNICATIONS - D None 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1987 • • • • • • • • • • • • • • • * • • * • • • • • • XX. ADJOURNMENT Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 8:12 p.m. ATTEST: MARY P. FR (3. ....Lk: ER, DEPUTY C'-I'TY CLERK CITY OF PALL ) DESERT, CALIFORNIA 19 f 1 I RICH D S. KELLY, },XYOR