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HomeMy WebLinkAbout1988-04-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 28, 1988 CIVIC CENTER COUNCIL CHAMBER • • a • a • • • • • • • • • • • • • • • • a • • • I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. I1. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilman Buford A. Crites (Arrived at 4:30 p.m.) Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/Public Information Officer Richard J. Folkers, ACM/Director of Public Works Phil Drell, Associate Planner Kirby J. Warner, Director of Economic Development/ACM Patrick Conlon, Director of Building & Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 14, 1988. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR-0314, 0401, and 0404. Rec: Approve as presented. MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, 1988 • • • • • • • • • • • • • • • • • • • • • - • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Rusty Pelican Restaurants, Inc. for Rusty Pelican, 72-191 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by L'Eclair, Inc. for L'Eclair, 44-491 Town Center Way, #3, Palm Desert. Rec: Refer to the Department of Community Development for processing. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by James Edward and Maria Evans for Baci Seafood Restorante, 73-703 Highway I11, Palm Desert. Rec: Refer to the Department of Community Development for processing. F. LETTER OF RESIGNATION by Francene Newman from the Advertising & Promotion Committee. Rec: Receive with sincere regrets. G. CLAIM NO. 068 AGAINST THE CITY by W. E. and Jane Knowles in An Amount In Excess of $10,000. Rec: By Minute Motion, return the Claim for failure to file within time limit prescribed in Government Code Section 911.2 and advise the Claimant that recourse is to file "Application for Leave to File Late Claim" as provided in Government Code Section 911.4. H. CLAIM NO. 074 AGAINST THE CITY by James Wesley Travis In The Amount of $1,118.00. Rec: By Minute Motion, return the Claim for failure to file within time limit prescribed in Government Code Section 911.2 and advise the Claimant that recourse is to file "Application for leave to File Late Claim" as provided in Government Code Section 911.4. 2 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, 1988 . . . . . . . . . . . . . . . . . . . . . .. . . . 1 REQUEST FOR PUBLIC HEARING to Consider North Side Fred Waring Drive Kelly Ordinance Widening Between Deep Canyon Road and Valley Palms Estates. Rec: Waive further reading and adopt Resolution No. 88-40, setting a public hearing for consideration of the subject street widening project. J. REQUEST FOR AUTHORIZATION TO ADVERTISE & CALL FOR BIDS for the Construction of the Improvements Related to the Proposed Assessment District 87-1. Rec: By Minute Motion, authorize the City Clerk to advertise for bids for the construction of the Improvements related to the proposed assessment district. K. REQUEST FOR AUTHORIZATION TO ADVERTISE & CALL FOR BIDS for the Purchase of a Lowboy Tilt -Bed Equipment Trailer. Rec: By Minute Motion, authorize the City Clerk to advertise for bids for the purchase of the subject trailer. L. RESOLUTION NO. 88-41 - A Resolution of the City Council of the City of Palm Desert, California, Authorizing Representatives of the City of Palm Desert to Acquire Federal Surplus Property. Rec: Waive further reading and adopt. M. REQUEST FOR APPROVAL of the City of Palm Desert's Membership in the California Street Light Association. Rec: By Minute Motion: 1) approve the City's membership in the California Street Light Association for 1988-89 1n the amount of $750; and 2) appropriate an additional $750 from the Unallocated General Fund Budget Reserve to Account No. 110-4300-3630. 3 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, 1988 • • • • • • • • • • • • • • • • • • • • -t -r -• • • N. REQUEST FOR APPROVAL of Membership Renewal for the City of Palm Desert with the Southern California Water Committee, Inc. Rec: By Minute Motion: 1) Approve the membership renewal payment for the City with the subject agency in the amount of $750; and 2) Appropriate an additional $750 from the Unallocated General Fund Budget Reserve to Account No. 110-4300- 3630. Councilman Snyder moved to approve the Consent Calendar as presented. Motion was seconded by Kelly. Mr. Ortega asked that Item J be removed and held for separate discussion under the Consent Items Held Over portion of the Agenda. Councilman Snyder amended his motion to approve the Consent Calendar as presented, with the exception of Item J. Kelly amended his second. Motion carried by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE N0. 535 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 1.08.010 OF THE PALM DESERT MUNICIPAL CODE RELATING TO MISDEMEANOR CITATIONS. Mr. Altman reported that no changes had been received since first reading of this ordinance and recommended its adoption. 4 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, 1988 • • • • • • • • • • • • • • • • • • • • • -• • • • Councilman Kelly moved to waive further reading and adopt Ordinance No. 535. Motion was seconded by Benson and carried by unanimous vote of the Council. B. ORDINANCE NO. 347 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PREZONING APPROXIMATELY 675 ACRES LOCATED AT THE CITY'S SOUTHERLY BOUNDARY AND IDENTIFIED HEREIN AND ADOPTING A MASTER PLAN OF DEVELOPMENT THEREFORE. CASE NO. C/Z 09-81 (VILLAGES OF BELLA VISTA). Mr. Altman recommended that this item be held until after the Closed Session. Councilman Kelly moved to continue this Item until after Closed Session. Motion was seconded by Wilson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER J. REQUEST FOR AUTHORIZATION TO ADVERTISE 8 CALL FOR BIDS for the Construction of the Improvements Related to the Proposed Assessment District 87-1. Rec: By Minute Motion, authorize the City Clerk to advertise for bids for the construction of the improvements related to the proposed assessment district. Mr. Ortega asked that this item be continued for two weeks. Councilman Wilson moved to continue this matter for two weeks. Motion was seconded by Kelly and carried by unanimous vote of the Council. X. NEW BUSINESS A. REQUEST FOR FORMATION OF SUBCOMMITTEE TO CONSIDER COOK HOVLEY STREET ASSOCIATES' REQUEST FOR A GENERAL PLAN AMENDMENT 87-6 AND CHANGE OF ZONE 87-13. Mr. Altman reviewed the staff report, noting that the Planning Commission had recommended the formation of this committee to address issues of property exchange, property design, and recreation issues as they relate to surrounding properties. 5 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, 1988 . . . . . . . . . . . . . . . . . . . . • .. . . . Councilman Snyder stated he felt the Council should proceed with the formation of this committee. He and Mayor Benson volunteered to represent the City Council. Councilman Snyder moved to, by Minute Motion, establish this subcommittee to be made up of two Council members, two Planning Commissioners, and two Parks & Recreation Commissioners, with himself and Mayor Benson to represent the City Council. Motion was seconded by Wilson. Councilman Kelly asked whether two residents of the community should also serve on the committee. Mr. Altman responded that the intent was that the committee would meet with individual members of the community who are being impacted. Mayor Benson called for the vote. The motion carried by unanimous vote of the Council. Xi. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF POLICY STATEMENT FOR PORTOLA AVENUE AT HIGHWAY 111 STUDY. Mr. Folkers reviewed in detail the staff report dated April 28th. Upon question by Councilman Wilson asked whether consideration had been given to having more than a 50 foot width going north on Portola and installing a stacking pocket for left turns onto Alessandro. Mr. Folkers responded that staff felt it would be better able to monitor the issue of turns at Alessandro after the Arco project is built. MR. SANDY BAUM, 45-800 Deep Canyon, addressed the Council as the representative of Mr. Craig Yamasaki from Arco. He read a letter from Mr. Yamasaki to the City Council (attached hereto and made a part hereof as Exhibit "A"). Mr. Baum said that when the median strip on Portola Avenue was discussed, he understood that there would be a left turn at Alessandro and a left turn pocket for eastbound Highway 111 traffic. He said the staff report recommended the installation of a median from the frontage road to Alessandro, and he asked if Arco was willing to pay for it at this time, would they be required to put in the additional section extending to Highway III or would that be requirement for the developer of the northeast corner? 6 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, T988 . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Folkers responded that it would have to be determined at a later date. Mr. Baum asked that the Council consider continuing this item since, due to an error on his part, Mr. Yamasaki had not yet seen this staff report. NOTE: COUNCILMAN CRITES ARRIVED AT 4:32 P.M. Councilman Kelly said he would be adamantly opposed to not putting in the median strip because as areas are developed, the idea is to clear up the traffic problems. He felt this very obviously would create a traffic problem. He said if a policy was being set for the entire intersection, he felt all four corners of that intersection should be addressed as far as what the City wants to have there. He said since Arco was moving to the north side, he felt something should be done to the south side at the same time Arco moves instead of waiting until a development goes in at that location. He said he and another Counciimember had discussed the idea that the southwest corner would be an ideal place for a casual park. Mr. Folkers said that on the large foldout map, a park was shown as a suggestion for that corner. He said he felt ft would be desirable if the something could be done for the remaining three corners as part of an overall redevelopment protect. He suggested that staff be directed to come back with recommendations as to ways to proceed and what should be done for the corners of that intersection. Councilman Kelly asked that the report include what it would cost for the City to go ahead and develop that corner in the event a developer did not do so. Councilman Snyder said he agreed that this should be pursued. He suggested the Council take actfon on the matter before it and add the condition that all four corners be studied. Mr. Altman stated that staff had Just completed two days looking at the budget and that he did not know where the funds would come from for this unless the Council wanted to take it away from some of the other projects already committed to. Mayor Benson said she felt it seemed a logical time to do this all at the same time especially if the City will be 7 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APR1t 28, 1988 • • • • • • • • • • • • • • • • • • • • • - ♦- • • • tearing up the streets. She agreed with Councilman Kelly about the median strip. Councilman Crites moved to, by Minute Motion, adopt the six policy statements included in the Staff Report dated April 28, 1988, and direct the Public Works staff to perform a feasibility study of the other three corners of the intersection at approximately the same time. Motion was seconded by Snyder and carried by unanimous vote of the City Council. XIi. XII1. Mr. Erwin stated that the request by Arco was not on the Agenda. He said it was conditions contained In the Conditional Use Permit and that before the Council could modify those, It would need to go back through the hearing process. Upon question by Sandy Baum, Mr. Erwin stated that 1n order to modify existing conditions, the same process would have to be gone through as the original Conditional Use Permit. OLD BUSINESS None REPORTS AND REMARKS A. CITY MANAGER Mr. Altman said that Brian Crawshaw, Deputy Mayor of Gisborne, New Zealand, Palm Desert's Sister City, had sent a letter reporting that a cyclone had devastated the Gisborne area and caused $100 million damage. He said the letter stated that anything Palm Desert can give them in terms of moral encouragement and anything else would be of great value to them because they were trying to seek relief from all over the country. He said although he did not think there was anything the City could do from a fiscal standpoint, he thought there could be some type of campaign through the Sister Cities Committee and encouragement from the Mayor and City Council. He added that maybe some of the local service clubs could take up donations and send some relief monies over there. Councilman Wilson said he felt this was a good idea. He suggested that staff brainstorm some ideas and a plan of action and bring it back to the Council at the next 8 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, 1988 . . . . . . . • . . -• - . . . . meeting as an Agenda item. The Council concurred with this recommendation. B. CITY ATTORNEY Mr. Erwin suggested that, in light of the hour, the Council might wish to adjourn to Closed Session early instead of waiting until the end of the meeting. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Committee Name Change for Advertising & Promotion Committee. (Councilman S. Roy Wilson) Councilman Wilson said the Advertising & Promotion Committee had discussed at length changing the name to reflect the Committee's change of focus. He said the change would be to "Activities Promotion Committee". Upon question by Kelly, Councilman Wilson explained how the Committee's focus had changed, noting that it had cut back on the national advertising of Palm Desert as a destination resort and had begun promoting events happening in the City, such as the McCallum Theatre, etc. He added that the Committee was planning to set up a news bureau to promote activities within the desert community. Councilman Kelly commended the Committee on what he felt was a good change of direction. Councilman Wilson moved to waive further reading and adopt Resolution No. 88-44, changing the name of the Advertising & Promotion Committee to Activities Promotion Committee. Motion was seconded by Snyder and carried by unanimous vote of the Council. 9 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, 1988 •. . . . . . . . . . . . . . . . . . . --. •. 2. Request for Support of State -Wide Ballot Measure "A" Dealing with the County of Riverside's Increase In Its Spending Limit Under the Gann Initiative. (Mayor Jean M. Benson) Mayor Benson said she had been asked for Palm Desert's support of this Ballot Measure and wanted to ask Council's consideration before doing so. Councilman Crites said that the Chamber of Commerce Board of Directors had been unanimous in its endorsement of this proposition. Councilman Wilson moved to, by Minute Motion, go on record supporting Measure "A" on the June 7, 1988, ballot. Motion was seconded by Crites and carried by unanimous vote of the Council. o City Council Committee Reports: 1. Councilman Crites reported as an informational Item that he was serving on a committee that was looking for the development of a public access trail system and fringe toed lizard preserve. He asked that anyone hearing of any groups interested in such development be referred to him. 2. Councilman Crites reported that he had attended his first Chamber of Commerce Board of Directors meeting and had found it very pleasurable and informative. He added that Councilman Kelly would no longer be the only Councilmember wearing green since the Board of Directors had chosen to wear green blazers. 3. Mayor Benson said that at the recent CVAG meeting, she and Mr. Altman had been appointed with Mark Henss and the City Manager of Desert Hot Springs to brainstorm and recommend some type of procedure for all cities to use in handling requests for charitable donations. She said they would be coming back with a valley - wide recommendation. 4. Councilman Wilson asked that staff provide at the next meeting an update on the North Sphere 10 MINUTES - - REGULAR MEETING OF THE PALM DESERT CiTY COUNCIL APRIL 28, 1988 • • • • • . • • • • • • • • • • • • • • • • • • • Plan --environmental impact procedures and where it stands at this time. XIV. ORAL COMMUNICATIONS - 8 None Councilman Wilson moved to adjourn the meeting at 5:00 p.m. to Closed Session pursuant to Government Code Sections 54956.9 (a), pending litigation (Palm Desert vs. Indian Wells Sunterra Project, Palm Desert vs. City of Indian Wells Redevelopment Project, and Villages of Bella Vista - Western Allied Properties), 54956.9 (b), potential litigation, and 54956.8, Real Property Transactions. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Benson reconvened the meeting at 6:00 p.m. and recessed for dinner with no action announced. Mayor Benson reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION ORDINANCE 8. ORDINANCE N0. 347 - AN ORDINANCE OF THE CITY COUNCIL OF FOR THE CITY OF PALM DESERT, CALIFORNIA, PREZONiNG ADOPTION APPROXIMATELY 675 ACRES LOCATED AT THE CITY'S SOUTHERLY BOUNDARY AND IDENTIFIED HEREIN AND ADOPTING A MASTER PLAN OF DEVELOPMENT THEREFORE. CASE NO. C/Z 09-81 (VILLAGES OF BELLA VISTA). Councilman Crites moved to continue this item to the meeting of May 12, 1988, and to solicit public comment at that time on the proposed master plan. Motion was seconded by Kelly. MR. TOM CLARKE, Attorney for the property owner, said he that Mayor Benson and Councilman Snyder, as part of the committee, had indicated that a recommendation would be given to the Council to set this matter for public hearing on April 28th. He said the major problem was that he had represented to a Federal District Court that the Council had Indicated that it would act at this meeting. He said he was very uncomfortable with what was happening, did not understand it, and asked that the issue be clarified. Councilman Crites stated that the Council was acting on the matter at this time and would be soliciting in two weeks any public comment from citizens regarding the proposed master plan. MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28. 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Altman added that the committee had reported back to the Council, and the agreement was that second reading of the ordinance would be placed on this Agenda. He said the Council felt the public should be given an opportunity to give input inasmuch as there had been several years since first reading of the ordinance. Mayor Benson called for the vote. The motion carried by unanimous vote of the Council. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE Honoring The Palm Desert Middle School for its 1987 Yearbook. Mayor Benson read the proclamation and presented it to Dr. Peggy Steen, Principal of Palm Desert Middle School, and Miss Jill Collier, Student Editor of the yearbook. B. APPOINTMENT to the Rent Review Commission to Fill the Vacancy Created by the Resignation of Sabby Jonathan. Councilman Snyder moved to continue this matter to the meeting of May 12, 1988. Motion was seconded by Crites and carried by unanimous vote of the Council. C. APPOINTMENT to the El Paseo Business Improvement Area Board to Fill the Vacancy Created by the Death of Warren Hickey. Councilman Wilson questioned whether vacancies had been filled by election in the past. Mrs. Gilligan responded that past policy had allowed the existing Board to make a recommendation to the Council as to the appointments to fill unexpired terms. Councilman Crites moved to appoint Mr. James Foxx to the El Paseo Business Improvement Area Board to fill the vacancy created by the death of Warren Hickey. Motion was seconded by Benson and carried by unanimous vote of the Council. 12 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28. 1988 . . . . . . . . . . . . . . . . . . . . . . . . . XVIiI. PUBLIC HEARINGS A. CONSIDERATION OF A RESOLUTION OF NECESSITY TO ACQUIRE FEE TITLE TO CERTAIN REAL PROPERTY BY EMINENT DOMAIN FOR THE MUNICIPAL PURPOSES OF STREET RIGHT-OF-WAY AND STORM DRAIN PROJECTS. Mr. Erwin reported that the property owner was entitled to appear at this time before the City Council to comment as to the necessity of the City utilizing its powers of eminent domain to acquire a parcel of property. He said the property was being acquired for the purposes of street right-of-way and storm drain facilities. He added that the subject property was .188 acres on the south side of Haystack Road, and the City's intent was to acquire the property and improve it. Mayor Benson declared the public hearing open and Invited testimony in FAVOR of or OPPOSED to this matter. No testimony was offered. She declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 88-43. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF CERTIFICATE OF AMENDMENT FOR A PORTION OF FINAL TRACT MAP 11636 (MAP 23485). Mr. Erwin reviewed the staff report, noting that this was a proposed modification of a portion of a final tract map which was originally #11636 but would be amended by #23485. He said this was part of a resolution of litigation that had been ongoing for a considerable period of time for the property which abuts Salt Cedar to the south. He said the proposed City Council Resolution which would effect the amendment of that final tract map was included in the staff report and would be subject the completion of all of the different agreements involved in the resolution of the litigation dealing with Tract 11636. He offered to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of this request. 13 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL-28, 1988 • • • • • • • • • • • • • • • • • • • • •- • • • • MR. BUD WINTERBOTTOM, 73-290 Desert Rose, said he did not know anything about this until he received a call from his neighbor Bill Wallace, who had just received a letter in the mail. He said he had purchased the first lot sold by Lewis Homes and that he had purchased It because the lot north of him was about 25 feet below his property. He said he did not realty know what this was all about and asked if the public hearing be postponed. Upon question by Mayor Benson, Mr. Phil Drell stated that property owners within 300 feet were notified at the addresses on the County Tax Assessor's roles. Upon question by Councilman Crites, Mr. Erwin responded that there was no time limit for this and that a two -week continuance would not cause any harm. Councilman Crites suggested that the Council hear comments from anyone else who wished to do so and then continue the hearing for two weeks. He also asked that Mr. Winterbottom meet with Mr. Drell during that two weeks to discuss exactly what was being proposed. MS. GLORIA KIRKW00D, 73-401 Salt Cedar, stated she represented some of the Salt Cedar homeowners who had spent many hours working on this. She said they were in favor of this modification and had been led to believe that this would be merely a formality and that the attorneys had already thoroughly discussed the matter. She said although they had contacted many of the Salt Cedar homeowners, they had been told that Lewis Homes would be contacting homeowners on the other side. MR. GARY MORRIS, 73-285 Salt Cedar, commended the City, Lewis Homes, and property owners for a very long, protracted negotiations on this. He recommended that the proposed resolution and added that a representative of Lewis Homes was present to answer any questions. MR. JERRY BRYAN, representative of Lewis Homes, reviewed the proposed modifications, noting that where the grading was being changed was at the north boundary adjacent to the south boundary of the property owners concerned. He said that would be lowered four to six feet. He said the way it was graded right now was the way it would remain. 14 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL - APRIL 28, r988 . . . . . . . . . . . . . . . . . . . • . . . . . Mayor Benson invited testimony In OPPOSITION to this proposal. MR. JAMES McGALL1ARD, 2000 Lakeridge Drive, Reno, Nevada, addressed the Council and said at the time he purchased his lot on Desert Rose, he had been assured that the lot would stay precisely as It was and that the grade level on the development below would not change. He said the Lewis Homes agent had written into the contract that the grade on Lots 21, 22, and 23 below Lot 26, Tract 11636-48 Desert Rose Drive would not exceed grade level extant on map May 23, 1986. He said the selling price on homes and lots on Desert Rose were predicated on the grades remaining what they are at this time. Mayor Benson recessed the meeting at 7:44 p.m. at the request of Mr. Bryan so that he could review the elevations with the concerned homeowners in attendance. She reconvened the meeting at 7:55 p.m. Mr. Erwin recommended that the resolution for Council consideration be amended to include a second condition to read as follows: "Lots 13, 14, 21, 22, 29, and 30 be and remain at the elevations that exist on site as of this date." He said he had advised the people who were talking about it of this additional language and that it seemed to be satisfactory to them. In addition, he suggested that the City, through its Public Works Department, either in- house or outside, determine what those existing elevations are so those records can be kept and copies would be provided to anyone else who wished copies. He said he believed this would resolve the problems raised now. Upon question by Mayor Benson, Mr. McGalliard said he did not see a need to continue the matter for two weeks. Mayor Benson declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 88-42, amending Tract Map 11636 as Shown by Map 23485, Implementing Negotiated Litigation Settlement Agreements for Property Generally Located South of Salt Cedar and North of Desert Rose Lane, West of Heliotrope Drive, and East of Calico Cactus Lane; said Resolution No. 88-42 to be adopted as amended to include the following Condition #2: "Lots 13, 14, 21, 22, 29, and 30 be and remain at the elevations that exist on site as of this date". Motion was seconded by Snyder and carried by unanimous vote of the Council. 15 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . XIX. ORAL COMMUNICATIONS - D MR. SANDY BAUM, 45-800 Deep Canyon Road, said he felt the intersection of Country Club Drive and Monterey Avenue should be looked at to see if it could be revised. He said he felt there was a dangerous situation with cars trying to turn left from Country Club onto Monterey Avenue traveling south and cars turning left into the shopping center at the intersection. Mr. Folkers responded that part of this year's capital improvement program was to provide dual left turns at that intersection. He added that Rancho Mirage had a problem with that and as a result the City of Palm Desert had not been able to design it. He said staff would continue to work with Rancho Mirage to see if something could be done. XX. ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session at 8:05 p.m. pursuant to Government Code Sections 54956.9 (a), pending litigation (Palm Desert vs. Indian Wells Sunterra Project, Palm Desert vs. City of Indian Wells Redevelopment Project, and Villages of Bella Vista - Western Allied Properties), 54956.9 (b), potential litigation, and 54956.8, Real Property Transactions, said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Kelly and carried by unanimous vote of the Council. ATTEST: CLE RK CITY OF PALM DESERI", CALIFORNIA SHEILA R. GILLIGAN,/ ITY JEAN M. BE SON, MAYOR v 16 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL APRIL 28, 1988 . . . . . . . • . . . . . • . . . . . . . . . . . EXHIBIT 'A" ARCO Petroleum Products Company 17315 Studc0a1ur Road Ci:rntoa California 90701-1488 Telcplione 213 404 5300 Maduly Address: Oox 6411 Arlc..ia California 90702 6411 April 27. 1988 2111fu Dvavrl G3 / ,Cuunuti 73 510 Fred Waring Drive Palm Desert. Caldornia Re I twv 111 Portol3 Avq I lonorablo Mayor Benson and City Council, -#0 \/ b77<:G W o have asked Sandy Baum to represent us in our absence, and to request the following: 1 Dept of Community Development conditions state, 'Prior to the Issuance of the occupancy permit for the project, ARCO shall abandon the existing station at the southwest corner of Highway III anJ Portola, demolish all structures removing tanks." We request that this be amended in such a manner as to allow the smooth transfer of operation from the southern to th northern location Arco agrees to demolish the existing station and remove it storage tanks in a timely manner. Perhaps the words, `upon completion of construction, ARCO shall commene the demolition of the existing station and remove tanks at the Southwest comer. Certiicate of Occupancy shall be withdrawn 1f said demolition and removal is not completed within 30 days.- 2. We are requesting a ninety day trial poriod to evaluate whether there is a problem caused by having no divider installed preventing left turns into and from the project for northbound traffic. Arco would agree to provide a performance bond (or such financial guarantee as approved by the Traffic Department) 10 assure that funds would be made available for said divider it it Is determined to be necessary for the satety and public welfare. When this project is completed. we will have added a right turn lane and an additional through lane for southbound traffic. We do not believe that there will be a problem caused by northbound traffic attempting to enter Arco. In Tact, the cure may be worse than the disease. In any event, we agree to provide the funds and will corrmitt to constructing a divider should it be found to actually be necessary, but would like to lest this prior to the installation of the barrier. Thanks for your consideration. We're looking forward to being a valuable resource in your community. Since;1)r, ti Crag Yamasaki Real Estate Representattve. 17