HomeMy WebLinkAbout1988-08-11MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 11, 1988
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:00 p.rn.
II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson
III. INVOCATION - Councilman Walter H. Snyder
IV. ROLL CALL
Present:
Councilman Buford A. Crites (Arrived Late)
Councilman Walter H. Snyder
Mayor Pro-Ternpore S. Roy Wilson
Mayor Jean M. Benson
Excused Absence:
Councilman Richard S. Kelly
Also Present:
Bruce A. Altman, City Manager
Carlos L. Ortega, ACM/Director of Redevelopment Agency
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/Public Information Officer
Richard J. Fo.lkers, ACM/Director of Public Works
Ramon A. Diaz, ACM/Director of Community Development/Planning
Frank Allen, Code Compliance Director
Patrick Conlon, Director of Building 8, Safety
Paul S. Gibson, Finance Director
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REGULAR PALM DESERT CITY COUNCIL MEETING
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V. CONSENT CALENDAR
AUGUST 11, 1988
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A. MINUTES of the Special City Council Meeting of July 11 and
the Regular City Council Meeting of July 14, 1988.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR0617, WR0620, WR0624, WR0629, and WR0701.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pietro's
Italian Restaurant of Palm Desert for Pietro's, 72-221
Highway 111, Suite A-1, Palm Desert.
Rec: Receive and file.
D. CLAIM AGAINST THE CiTY by Merle Abrams in the Amount of
$75.00 (Claim No. 081).
Rec:
By Minute Motion, authorize the Claims Review
Committee to negotiate a settlement in an amount
not to exceed $75.00, subject to Claimant's
execution of Release of All Claims.
E-1. RESOLUTION NO. 88-99 - - A Resolution of the City Council of
the City of Palm Desert, California, Setting Forth its
Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that have been
Microfilmed.
Rec: Waive further reading and adopt.
E-2. RESOLUTION NO. 88-100 - A Resolution of the City Council
of the City of Palm Desert, California, getting Forth it,
Findings and Authorizing the Destruction of Files from the
Department of Public Works that have been Microfilmed.
Rec: Waive further reading and adopt.
E- 3 . RESOLUTION NO. 88- 1 0 1 - A Resolution of the City Council
of the City of Palm Desert, California, Setting Forth its
Findings and Authorizing the Destruction of Files from the
Department of the City Manager that have been Microfilmed.
Rec: Waive further reading and adopt.
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F- 1 . REQUEST FOR ACCEPTANCE OF WORK for Contract No. 007_258,
Traffic Signal Installations at Fred Waring Drive and Town
Center Way.
Rec:
By Minute Motion, authorize the City Clerk to
file a Notice of Completion for the subject
contract.
F-2. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 0.0___-282,
1987-88 Slurry Seal Program -- Phase 11.
Rec:
By Minute Motion, authorize the City Clerk to
file a Notice of Completion for the subject
contract.
G- 1 . CONSIDERATION OF REQUEST FOR STREET VACATION - Palm Desert
Drive North (Frontage Road) West of Portola Avenue.
Rec:
Waive further reading and adopt Resolution No.
88-102 setting a public hearing to consider the
vacation request.
G-2. CONSIDERATION OF RE_QUEST FOR STREET VACATION - Sunset Lane
between Abronia Trail and El Camino.
Rec: Waive further reading and adopt Resolution No.
88-1_01 setting a public hearing to consider the
vacation request.
H. REQUEST FOR AWARD OF CONTRACT for the Maintenance of the
Highway 111 Medians (Contract No. 00-291).
Rec:
By Minute Motion, authorize the Mayor to enter
into an agreement with a local firm that will
provide proper monthly maintenance for the
Highway 111 medians.
I. REQUEST FOR AWARD OF CONTRACT for Highway 74 Frontage Road
Median Landscape Design (Contract No. 00-30_5_, Project No.
5`30/88) .
Rec:
By Minute Motion, authorize the Mayor to enter
into an agreement with TKD Associates, inc., for
the subject landscape and irrigation design
services in the amount of $12,500, and authorize
a ten percent contingency in the amount of
$1,250.
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J. REQUEST FOR AWARD OF CONTRACT for the Supply and
Installation of Carpet at the Palm Desert Library
(Contract No. 00-297).
Rec.
By Minute Motion, authorize the Mayor to enter
into an agreement with Nickell Flooring & Custom
Draperies for the supply and installation of
carpet at the Palm Desert Library in the amount
of $8,175, and authorize a ten percent
contingency in the amount of $817.50.
K. CONSIDERATION OF REQUEST FROM GRIFFIN CENTERS for Release
of $16,000 "Art in Public Places" surety bond.
Rec: By Minute Motion, approve the request and
authorize the City Clerk to release the hand.
L. REQUEST FOR RELEASE OF SUBDIVISION IMPROVEMENT SECURITIES
for Tract 21602 (John Martinez, United Properties &
Investments, Applicant).
Rec:
By Minute Motion, accept the subdivision
improvements as complete and authorize the City
Clerk to release the securities submitted in
lieu of bonds for this project.
M. REQUEST FOR APPROVAL= OF 1 988-89 CONTRACT with Davis &
Associates (Contract No. 00-001-3).
Rec: By Minute Motion, approve Contract No. 00-001-3
with Davis & Associates for fiscal year 1988-89.
N. CONSIDERATION OF PETITION from Residents on Fred Waring
Drive Relative to Speed Limits.
Rec: Refer to staff for report and recommendation.
0. CONSIDERATION OF DESIGNATION OF BOARD MEMBERS for
Coachella Valley Joint Powers Insurance Authority
(CVJPIA).
Rec.
By Minute Motion, appoint Kirby J. Warner,
Assistant City Manager, as Palm Desert's
designated representative, and appoint Paul
Gibson, Finance Director, as the Alternate to
the Board of Directors of the CVJPIA.
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P. REQUEST FROM THE EL PASEO MERCHANTS ASSOCIATION for
Approval of Luminaries for the 1988 Holiday Season.
Rec:
By Minute Motion, approve the request subject to
the same conditions as imposed for the 1987
Holiday Season.
Q RESOLUTION NO. 88-104 - A Resolution of the City Council
of the City ofPalm Desert, California, Amending the 1981-
88 Budget to Provide Appropriations to Capital Project
Reserve Funds.
Rec: Waive further reading and adopt.
R. RESOLUTION NO. 88-105 - A Resolution of the City Council
of the City of Palm Desert, California, Making Certain
Findings and Determinations in Connection with Assessment.
District No. 87-1 and Ordering the County Board of
Supervisors to Place Set Assessments on the 1988-89 Tax
Rolls.
Rec:
Waive further reading and adopt Resolution No.
88-105 authorizing and instructing the County of
Riverside to levy an assessment aqa i n ,t all
those parcels that did not elect to pay their
assessment district contributions in cash.
S. RESOLUTION NO. 881_10.6 - A Resolution of the City Council
of the City of Palm Desert, California, Providing Consent
to its Financial Advisor to Bid on Improvement Bonds of
the City.
Rec.
Waive further reading and adopt Resolution No.
88-106 authorizing Miller & Schroeder to be a
bidder for the bonds for Assessment District No.
87-1.
T. RESOLUTION NO. 88-107 - A Resolution of the City Council
of the City of Palm Desert, California, Adding the United
States Conference of Mayors (USCM) Deferred Compensation
Program to the City of Palm Desert Deferred Compensation
Plan.
Rec: Waive further reading and adopt.
U. LETTER OF RESIGNATION from Mr. William H. Johnson from the
City's Activities Promotion Committee.
Rec: Accept with sincere regret.
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V. REQUEST FOR APPROVAL of Contract No. 00-306 between the
C.V. Recreation and Park District, the Palm Desert
Redevelopment Agency, and the City of Palm Desert.
Rec: By Minute Motion, approve the agreement and
authorize the Mayor to execute same.
W. LETTER FROM MRS. PHYLLIS S. JOHNSON & CITY ATTORNEY'S
RESPONSE_ Relative to Assessment District 84-1.
Rec: Receive and file.
X-1. REQUEST FOR AUTHORIZATION To Advertise and Call for Bids
for Contract No. 00-307 - Construction of the Sheriff's
Substation.
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for Contract No. 00-
307.
X-2. REQUEST FOR AUTHORIZATION To Advertise and Call for Bids
for Contract No. 00-308 - Radio Communications.
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for Contract No. 00-
308.
Y. REQUEST_ FOR _APPROVAL OF AMENDMENT ## 1 TO CONTRACT NO. 00-
300, 14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT.
Rec: By Minute Motion, approve the amendment and
authorize the Mayor to execute same.
Counc i lman Wilson removed Items I and J, and Mayor Benson removed
Item B for discussion under Section IX, Consent Items Held Over, of the
agenda.
Upon motion by Wilson, second by Snyder, the Consent Calendar, with
the exception of Items I, J, and B, was approved by unanimous vote of the
Councilmembers present.
VI. ORAL COMMUNICATIONS - A
MR. CORY BARBER, 74-052 Fred Waring Drive, Palm Desert,
addressed the City Council relative to the petition he had
submitted on the amount and speed of traffic on Fred Waring
Drive. He said that it started at 4:30 a.m. and was so heavy
that he had cracks in his house even though his house was 4(1
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feet off the street. He said that many school children used
the street and that traffic should be reduced in both numbers
and speed.
Mayor Benson advised that the petition had appeared on the
Consent Calendar and that the Council had taken action to refer
it to the Public Works Department for investigation and report
at the next meeting of the Council.
VII. RESOLUTIONS
A. RESOLUTION NO. 88-108 - A RESOLUTION OF THE CITY COUNCIL.
OF THE CITY OF PALM DESERT,CALIFORNIA, AMENDING RESOLUTION
NO. 88-81 WHICH CALLED AND GAVE NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 8, 1988, FOR THE SUBMISSION TO THE
QLUALIFIED ELECTORS OF THE CITY A MEASURE, PURSUANT TO THE
ELECTIONS CODE OF THE STATE OF CALIFORNIA, APPROVING AN
INCREASE IN THE TRANSIENT OCCUPANCY TAX 1N SAID CITY FROM
6% TO 8%. OR 9%, AS APPROVED BY THE VOTERS OF PALM DESERT,
AND APPROVING THE INCREASE IN ITS APPROPRIATIONS LIMIT FOR
FISCAL YEARS 1989 THROUGH 1992.
Councilman Snyder said that he had met with several owners of
hotels and motels in the City and after these meetings felt
that only one measure asking the voters to approve an increase
to 8% should appear on the ballot. He felt that asking either
8% or 9% would be confusing.
Mayor Benson said she had addressed several groups in the last
month and that the response was that 8% would he acceptable
because it would leave Palm Desert still with the lowest T.O.T.
in the Valley.
City Attorney Dave Erwin advised the Council could amend the
proposed resolution to reflect only one measure.
Councilman Wilson said that if the City wanted to help the
small hotel owners, it should not put this on the ballot at all
and leave the T.O.T. at 6% which would give them an advantage
Valley -wide.
Councilman Snyder moved to waive further reading and adopt
Resolution No. 88-108 amended to delete Measure #2. Mayor Benson
seconded the motion. The motion carried on a 2-1-2 vote with Councilman
Wilson voting NO and Councilmen Crites and Kelly ABSENT.
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B. RESOLUTION NO. 88-109 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING PRIORITIES
FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS.
Mr. Erwin advised that this resolution gave the members of
the City Council the first priority to file arguments in
favor and against the proposed ballot measure. He
recommended that Council delete Measure 42 to reflect
action taken in Resolution No. 88-108.
Upon motion by Wilson, second by Snyder, Resolution No. 88-109
amended to delete Measure #2 was adopted by unanimous vote of the
Councilmembers present (3-0-2).
VII1. ORDINANCES
For Introduction:
A. ORDINANCE NO. _5.53 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
2.20.020 OF THE MUNICIPAL CODE OF SAID CITY AS IT RELATES
TO THE TERMS OF PLANNING COMMISSIONERS.
Upon motion by Wilson, second by Snyder, Ordinance No. 553 was
passed to second reading by unanimous vote of the Councilmembers present
(3-0-2).
For Adoption:
A.
ORDINANCE NO. 546 - AN ORDINANCE OF THE CITY COUNCIL. OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING
NEW SPEED ZONES (San Luis Rey between Ironwood Street and
El Paseo, and Fairway Drive between Portola Avenue and
Cook Street).
Upon motion by Snyder, second by Wilson, Ordinance No. 546 was
adopted by unanimous vote of the Councilmembers present (3-0-2).
B. ORDINANCE NO. 547 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INCREASING THE
TRANSIENT OCCUPANCY TAX IN SAID CITY FROM 6% TO 8% OR 9%,
AS APPROVED BY THE VOTERS OF PALM DESERT AT THE NOVEMBER
8. 1988, SPECIAL ELECTION.
Mr. Erwin advised that this ordinance would take three
votes to pass and recommended continuing it to the 7 p.m.
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Portion of the meeting when Councilman Crites would be in
attendance.
Upon motion by Snyder, second by Benson, the item was continued to
the 7 p.m. portion of the meeting by a 2-1-2 vote with Councilman Wilson
voting NO and Councilmen Crites and Kelly ABSENT.
C. ORDINANCE NO. 548 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF
ZONE FROM R-1 AND R-2 S.P. TO 0. P. FOR TWO LOTS ON THE
SOUTH SIDE OF PARKVIEW DRIVE BETWEEN MONTEREY AVENUE AND
ACACIA DRIVE. CASE NO. C/Z 88-3.
Upon motion by Snyder, second by Benson, Ordinance No. 548 was
adopted by unanimous vote of the Councilmembers present (3-0-2).
D. ORDINANCE NO. 551 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF
ZONE FROM OPEN SPACE (0.S.) TO PLANNED RESIDENTIAL 20.4
DU/AC (P.R. 20.4) FOR THAT APPROXIMATELY 30 ACRE PORTION
OF APN 624-040-016, ON THE SOUTH SIDE OF HOVLEY LANE
APPROXIMATELY 1,300 FEET EAST OF PORTOLA AVENUE. CASE NO.
C/Z 8 7- 1 3.-�--------
Upon motion by Wilson, second by Snyder, and unanimous vote of the
Councilmembers present, the item was continued until discussion under
Public Hearing "A".
IX. CONSENT ITEMS HELD OVER
I. REQUEST FOR AWARD OF CONTRACT for Highway 74 Frontage Road
Median Landscape Design (Contract No. 00-305, Project No.
590/88).
Councilman Wilson said he had removed this to ask if there
would he consistency in the planting of this area in that
some was drought -tolerant and some was not. Mr. Folkers
responded that there would be a transition between the two
kinds of planting.
Councilman Wilson moved to, by Minute Motion, authorize the Mayor to
enter into an agreement with TKO Associates, Inc., for the subject
landscape and irrigation design services in the amount of $12,500, and
authorize a ten percent contingency in the amount of $1,250. Councilman
Snyder seconded the motion which passed by a 3-0-2 vote.
J. REQUEST FOR AWARD OF CONTRACT_ for the Supply and
Installation of Carpet at the Palm Desert Library
(Contract No. 00-297).
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Councilman Wilson noted that the recommendation was to
award the bid to a supplier in San Bernardino and asked
whether or not any local firms had bid. Mr. Folkers asked
that the item be continued to the next meeting so that he
could provide the information.
Upon motion by Wilson, second by Snyder, the item was continued to
the meeting of September 8, 1988, by a 3-0-2 vote of the Council.
P. REQUEST FROM THE E_L_PASEO MERCHANTS ASSOCIATION for
Approval of Luminaries for the 1988 Holiday Season.
Mayor Benson asked that the El Paseo Merchants consider
some type of clean-up program the morning after the
lightings as last year she had observed bags all over the
street the next morning. She suggested they contact the
Boy Scouts to see if they would participate as a community
project.
Councilman Wilson moved to, by Minute Motion, approve the request
subject to the same conditions as imposed for the 1987 Holiday Season.
Councilman Snyder seconded the motion, and it passed by a 3-0-2 vote of
the Council.
Councilman Crites arrived at the point in the Agenda.
X. NEW BUSINESS
A. CONSIDERATION OF PROPERTY OWNERS' REQUEST FOR FLAGSTONE
LANE ASSESSMENT DISTRICT 88-2.
Mr. Folkers stated that this street had been excluded from
District 83-1 for certain circumstances and that residents
of the street had recently approached the City for curbs
and gutters. He said staff had met with them several
times and that they had indicated they wanted to pay for
it in cash with some in an assessment district. He said
one man had about 50 feet of frontage and felt that
because of the shape of the lot that it should be averaged
over the street which staff agreed with. He said that not
all property owners had been present so a total commitment
was unknown at this time and that Shadow Mountain Country
Club had indicated opposition as well.
Mr. Folkers noted that the residents of this street had in
the past requested the formation of such a district and
when it came before the Council in a public hearing, more
than 50% had protested thus abandoning the district. He
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said that staff had not problem recommending the City move
forward at this point in time but wanted to note the
history.
Councilman Snyder said he had been approached by many of the people
on this street and that they had presented petitions with 827, of the
residents in favor of such a venture. He moved to direct staff to
proceed with the formation of an assessment district and to place it on
the agenda for the meeting of September 8, 1988. Councilman Wilson
seconded the motion. The motion carried by a 3-1-1 vote with Councilman
Crites ABSTAINING as he arrived in the middle of the discussion.
XI. CONTINUED BUSINESS
A. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
to Install Traffic Signals at the intersections of Portola
Avenue at Rutledge Way and Portola Avenue at Magnesia
Falls Drive (Contract No. 00-296).
Councilman Wilson moved to continue this item to the meeting of
September 8, 1988. Councilman Snyder seconded the motion, and the motion
carried by unanimous vote of the Councilmembers present.
B. CITIZEN REQUEST FOR WALKWAY FROM MONTEREY AVENUE TO RANCHO
GRANDE.
Mr. Diaz stated that since the last Council meeting, he
had met with management of the Town Center, Mr. Pickell,
and residents in the area. Four alternatives had been
examined: 1) Creating a pedestrian access to the Town
Center by opening the northerly wall; 2) creating an
opening to the west; 3) opening Sonora Drive; 4) reopening
the Rancho Grande -Monterey Avenue access. He reviewed the
problems with each alternative noting, however, that the
Town Center had expressed a willingness to give the city
the necessary easements and hear responsibi I ity of
removing the wall in order to provide a sidewalk,
preliminary cost of which was $15,000. In conclusion, he
said that if Council desired to become involved in this
matter, staff would recommend that it secure the necessary
easements and construct a public sidewalk between Rancho
Grande and Monterey Avenue and appropriate the necessary
$15,000.
Mayor Benson invited public testimony, and the following spoke:
MR. BEN PICKELL, 72-814 Tampico, spoke on behalf of the
petition for the walkway in that it would save people 9
blocks of walking to get to shopping.
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MR. DAVID MINOOKIAN, developer of the Sierra Vista homes
adjacent to the Town Center, spoke against the proposed
access. He said that he built four homes on that street
and all had been subject to a tremendous amount of
vandalism. He said he did not know where illegal trespass
was condoned by anyone. If in Palm Desert, he asked if
the City was going to be responsible for people walking
through his property. He said teenagers and children used
the property as a .hangout and that trash was dumped there
prior to his construction which he had completed by the
book for the City. He concluded his comments by stating
that he would have no problem with the access had it been
there when he bought the property; it was not. He said he
that private property owners had rights that should be
considered in this issued.
Councilman Crites asked Mr. Minookian if he found it
unusual that many of the residents were not there in
support of keeping the wall to prevent vandalism, trash
dumping, etc. In response, Mr. Minookian asked if
Councilman Crites had ever seen people turn out in support
of anything; people usually turned out if they opposed it.
Councilman Crites disagreed.
MR. SANDY BAUM, 45-800 Deep Canyon, Palm Desert, spoke in
opposition on behalf of the Board of Realtors. He
presented a letter from Ben Lagos, President of the Board
which "vehemently opposed" the removal of any portion of
its wall (said letter attached hereto and made a part
hereof as Exhibit "A").
MR. LEE HAVEN, General Manager of the Palm Desert Town
Center, said they were attempting to be a "good citizen"
in offering a willingness to work with the City and these
neighbors in trying to provide access. However, the two
opposing views left them with concern. one of which would
be a financial one. Of more concern was the potential
liability associated with the proposed access who would
shoulder that responsibility?
lJpon question by Councilmen Wilson and Crites, Mr. Haven
said the Town Center would be willing to consider the cost
of the gate and maintaining a key for same with users to
sign a hold -harmless agreement.
Councilman Wilson moved to direct staff to meet with all concerned
parties in an attempt to find a mutually satisfactory solution with
consideration to be given to a gate with keys and a hold -harmless
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agreement. Councilman Snyder seconded the motion. Motion carried by
unanimous vote of the Councilmembers present. Councilman Snyder added
that the City should be the catalyst in bringing the concerned parties
together, but the solution should not be at the direction of the City.
XII. OLD BUSINESS
A. REQUEST BY KEN STENDELL for Pad Height Elevation at 72-706
Pitahaya Street.
Mr. Folkers reviewed the staff report and recommendation.
He noted that the Chazen property to the west of this had
an elevation of 97.6 and to the east 99.9. He said the
Chazen lot is lower than 99.0 and in the middle of the
lot, top of curb was 100.38 so Chazen was 5/8 ft. lower
than top of curb at the center of the property. He said
that the property to the west had a 99.58 finished floor
grade, to the east a 98.861 finished floor grade, and the
property at issue had a 101.105 finished floor grade. He
noted that staff had looked at adjacent structures and
that both had desert style with a roof at 10-11 feet. He
recommended Council's concurrence with the staff
recommendation to lower the pad.
MR. VIC VILLENEUVE, 72-757 Fred Waring Drive, addressed
Council as the engineer for the applicant and opposed to
the lowering of the pad.
MR. KEN STENDELL, 72-847 Skyward Way, Palm Desert, spoke
as the applicant and stated he could drop the roof one
foot and not adversely affect the design of the Spanish,
1,750 sq. ft. 3 bedroom, two bath house. He said that the
houses next door were flat -top roofs. Said he could
reduce the height if that was the Council's consensus to
get the grade to something he could live with. He said
the street is designed to hold a 25-year flood and if he
knowingly put that below the curb, was the City relieving
him of any form of liability? He said he could not get
FHA financing because the minimum standard is that the
builder provide and grade for a 100 year storm. He
concluded by asking again if the City was absolving him of
any liability if it made him put it below grade?
Mr. Folkers said there was a plate from the Riverside
County Flood Control and Water District, Plate A-2 of the
hydrology manual, which Mr. Villeneuve and he had
discussed before. It shows in generalities that a 10 year
storm can supposedly he held in the street and up to the
property line, a 100 year storm. The question was raised
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as to how we came up with a 25-year storm. It was based
on the potential for the berm from the property line to
the flow line out on the street on an intuitive basis
being an approximately 25-year storm. He added that one
of the things that he felt was working on our behalf on
this project is the fact that it was shown as only having
six inch curb on the drawing presented by the applicant's
engineer when in effect we have eight inch curb so there
are two more inches of freeboard there working on our
behalf. On the other hand, the center of the street to
actual crown is further to the south than in most streets
where the centerline is the actual crown point. We are
recommending that the elevation be as previously indicated
at 99.10 which is approximately 3/4 of a foot below the
top of curb at the center of the lot. The existing grade
is currently at 98.0 so they are talking about filling
about 3.15 feet. We are saying fill 1.10 feet, so the
fill the City is talking about is about 1/3 what the
applicant is proposing. He said other developers in the
same area are complying with the grading set by the City,
•end he could not understand why this particular location
would be a problem.
MR. MORTON BUREAU, 73-489 Mariposa, addressed Council as
Mr. Stendel l ' s partner in Kenmore Enterprises. He said he
was the one who called this prob l.em to his partner's
attention, and they were just trying to resolve problems
that might come up in the future. He took issue with
staff's statement about competitor builders following the
City's regulations in this area and said that if he had
followed competitors for the last 40 years, he would have
been out of business 35 years ago.
Council quest ions\comments_,_
Denson: If it was put at curb level, how must dirt would
they be bringing in? Folkers responded about 3/8 foot
higher than what staff was proposing.
Crites: That would he about 7/10 of a foot difference
which would then at the mid curb line of the lot would
provide at least some positive flow to the lowest point of
the lot. Folkers responded that would give the developer
the opportunity to build an even larger berm along there
which should alleviate his concerns about a 20-25 year
storm.
Benson: Asked the developer if he was willing to lower
the roof line two feet since most of them are between 13
i4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
AUGUST 11, 1988
and 14 and many at 10 feet. Stendell responded that he
would stand on the one foot that he had mentioned because
he did not want to lower the pitch of the roof to a
significant level that he could not use the tile roof he
had planned. He agreed to lower it one foot with the
concession that they be allowed to get the pad to top of
curb at mid span of the top of the curb and gutter of the
lot which would allow them to better protect the property.
Crites: With regard to the neighbors on each side, would
be willing through some type of language appropriate to
both you and staff to make some consideration that calls
for the rapid terracing at the rear of the house back down
to the original elevation? Stendell responded he did not
object to it as long as he could adequately and
aesthetically find some means of doing it without just
creating a set of stairs that goes down.
Councilman Crites moved that the finished floor elevation on this
lot be set at the mid curb elevation height which is 99.86 and that the
house be a maximum of 13 feet which seems to match the others in the
neighborhood and that appropriate language regarding the terracing of the
rear portion of the lot be agreed to by both staff and the developer.
Councilman Wilson seconded the motion.
Wilson:
height.
I think we are accomplishing a reduction in
MR. VILLENEUVE stated that with reference to the
terracing, they were grading down to meet grade in the
read yard was anyway so that would not change.
Councilman Wilson said that the applicant could work with staff to
bring it down two feet and if for some structural reason the
applicant could not retain his spanish style, staff would bring it
back. Mr. Stendell responded that he was presently in a position to
pull his building permits on Monday morning and wanted a decision as
soon as possible.
Councilman Crites moved to amend the motion to give staff the option
that the height of the building shall be reduced between 1-1/2 and 2
feet. Councilman Wilson agreed to the amendment. Mayor Benson called
for the vote, and the motion carried by unanimous vote of the
Councilrnembers present.
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* * *
AUGUST 11, 1988
* * * * * * * * * * *
B. PRESENTATION ON PHASE III OF LIBRARY FEASIBILITY STUDY-
DELOITTE, HASKINS, 8 SELLS.
Mr. Scott Miller reviewed the report on Phase II1. He
noted that the Phase 1 study had indicated that there was
positive feeling among citizens, students at C.O.O. and
Cal State San Bernardino that a joint library was a very
good idea. Phase II brought in an administrative
structure which proposed how such a library would work,
and it was broken down into construction and operation.
Phase 11I went into a final facility design and
construction cost analysis. The report projects costs and
if it were built today, it would cost 30% less than what
the report indicates. He noted that the report talked
about the capital construction and operation funding
sources available, both public and private, and
development of a financial plan as well as a joint powers
agreement between all participating agencies. He
concluded his report by stating that the report suggests a
Phase IV Plan which recommends a plan of action to get the
building built.
MS. LINDA W000, Riverside City and County Public_ Library
System, addressed Council in support of the progam and
requesting that the City wait for College of the Desert to
make a decision by the end of the year as to its
participation before making any final decision relative to
proceeding.
DR. DAVID GEORGE, President of the College of the Desert,
addressed Council and expressed the College's intention to
continue to actively and aggressively pursue the multi -
agency library. He said that rather than wait for the
College to make a formal decision, the committee should
continue to plan as iF this were going to happen.
Mayor Benson thanked Mr. Miller, Ms. Wood, Dr. George and all
involved in this planning process for an excellent report.
Councilman Snyder moved to accept the report and direct staff to
follow up with the rest of the proposed steps. Mayor Benson seconded the
motion, and it carried by unanimous vote of the Councilmembers present.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
None
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REGULAR PALM DESERT CITY COUNCIL MEETING
B. CITY ATTORNEY
AUGUST 11, 1988
Mr. Erwin noted the necessity for a Closed Session as
stated under the recommendation for adjournment.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Inter -city committee on recreational needs -
Mayor Jean Benson.
Mayor Benson noted that the need for ballfields
was not unique to Palm Desert and in an attempt
to find solutions, she was recommending an
inter -city committee of residents, staff, and a
member of each city's Park 8 Recreation
Committee to sit down and determine how many
were needed, how much it would cost, where they
might be built, and each city's fair share of
the cost.
Councilmembers concurred with the recommendation and
supported the formation of such a committee. Mayor
Benson said she would write letters to Mayors Richard
Oliphant of Indian Wells and Jeff Bleaman of Rancho
Mirage asking for their cities' participation.
2. New Conference Room Name - Mayor Jean Benson.
Mayor Benson stated that in other cities, the
conference rooms were named for easy location.
She suggested naming the new conference room the
Citizen's Conference Room.
Councilman Wilson suggested that it be placed on
the next agenda for action and that employees
and Council submit names between now and then
for consideration at that time.
Councilmembers concurred with Councilman Wilson, and
staff was directed to place this item on the next
City Council agenda of September 8, 198B.
City Council Committee Rports:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING
AUGUST 11, 1988
* * * f * * * ■ * * * * * * IF i * * M 1F * * aF ■ ;
XIV. ORAL COMMUNICATIONS - 8
None
DINNER RECESS AT 6 P.M.
RECONVENE MEETING AT 7 P.M.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
B. ORDINANCE NO. 547 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INCREASING THE
TRANSIENT OCCUPANCY TAX IN SAID CITY FROM 67. TO 87. OR 9%,
AS APPROVED BY THE VOTERS OF PALM DESERT AT THE NOVEMBER
8, 1988, SPECIAL ELECTION.
Mayor Benson noted that this item had been continued until
Councilman Crites' arrival.
Upon rnotinn by Snyder, second by Benson, Ordinance No. 547 was
passed to second reading by a 3-1-1 vote with Councilman Wilson voting NO
and Councilman Kelly ABSENT.
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. CONSIDERATION OF APPOINTMENT TO RENT REVIEW COMMISSION TO
FILL THE VACANCY CREATED BY THE RESIGNATION OF MICHAEL
1SBELL.
Mayor Benson stated that the two applicants recently
interviewed by the City Council (James Ainsworth and Betty
Ross) were both highly qualified and very willing to serve
on this commission.
Councilman Crites moved to appoint Mr. James Ainsworth to the
Rent Review Commission to fill the vacancy created by the resignation of
Michael Isbell. Motion was seconded by Benson and carried by unanimous
vote of the Councilmembers present.
B.
CONSIDERATION OF APPOINTMENT TO EL PASEO IMPROVEMENT AREA
BOARD.
--
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 11, 1988
* * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Benson stated that Mr. Larry Grotbeck of the El
Paseo Improvement Area Board had requested that the
Council appoint Ms. Connie Bunyard to fill the vacancy
created by the resignation of Mr. Jim Foxx.
Councilman Snyder moved to appoint Ms. Connie Bunyard to the El
Paseo Improvement Area Board to fill the vacancy created by the
resignation of Mr. Jim Foxx. Motion was seconded by Crites and carried
by unanimous vote of the Councilrnembers present.
XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF A REQUEST FOR APPROVAL OF A PRECISE F'LAN
OF DESIGN AND DEVELOPMENT AGREEMENT TO CONSTRUCT 612
APARTMENTS ON THE SOUTH SIDE OF HOVLEY LANE, APPROXIMATELY
1,300 FT. EAST OF PORTOLA AVENUE. COOK HOVLEY STREET
ASSOCIATES, APPLICANT. (Continued from the meeting of
July 14', 1 988. )
Mr. Diaz noted that this request had been continued to
allow staff and the applicant to redesign the project in
order to mitigate concerns raised by the Council and
adjacent property owners. He reviewed the redesigns
prepared by the applicant as we l l as one submitted by
staff. He noted that the overall design of the units
would be reviewed by the Architectural Review Commission
prior to final Council approval. He added that if the
Council found one of the project's redesigns to he
acceptable, he would recommend that staff be directed to
revise the development agreement to reflect the approved
precise plan.
Mayor Benson noted that this was a continued public hearing and
invited testimony in FAVOR of this request.
MR. JACK BUTLER, 2401 Colorado Avenue, Santa Monica, spoke
as the developer. He reviewed the site plans in detail
and asked that Council approve Plan #2 because he felt it
would best address concerns addressed previously.
Mayor Benson invited testimony in OPPOSITION to this request.
The following were opposed because of decreased market values
for their properties, noise from construction, lack of a
setback with greenery along Hovley, prices of the units, and
location of the car ports.
MR. F. X. McDONALD, 1900 East Ocean Blvd., Long Beach.
MR. JAY BIRCH, Eagles Camp Road.
MR. VERN SILVER, Portola Country Club.
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MR. IRV OPPENSHINE, Board of Directors of Portola C.C.,
said the developer had met with members of Portola Country
Club but that what had been presented at this meeting was
different from what he had seen. He said he had not haci
an opportunity to go over the new plans with the
residents.
MR. JAMES THOMSHOE, 74-416 Zircon Circle.
MR. DAN STICKLES, Portola Country Club.
MRS. ELIZABETH STICKLES, Portola Country Club.
MR. VIRGIL BATESOLE, 42-465 Sutters Mill, stated he was
not opposed to the project but was concerned with the
increased traffic this project would produce on Portola
Avenue. He also said he would like to see high income as
opposed to low income type housing in the project..
MS. PRUDENCE GEORGIA, Marriott Corporation, stated she was
not opposed to the project itself but expressed concern
with increased traffic. She also noted that the Marriott
Corporation had sent a letter to the Mayor and City
Council indicating its concerns and suggestions (attached
hereto and made a part hereof as Exhibit "B").
MR. DANIEL BARNES, 41-613 Aventine .Court, asked whether
any type of economic or social impact study had been done.
He said he did not feel the City should be building a
community that would encourage a lot of transients. He
also expressed concern with traffic.
Mr. Butler responded that traffic was a concern in every
community. He said a traffic analysis had been prepared
and reviewed by the City Council and Planning Commission
at previous public hearings and that the project would not
overload the streets currently in place.
Mayor Benson declared the public hearing c_l_o_sed.
Council CommentsLQuestions:
Crites: Asked what the reaction was from the Portola
Country Club Board of Directors when this project was
presented to them. Mr. Diaz responded that a letter had
been sent to the Planning Commission from the homeowners
association indicating they would support the project
subject to certain conditions. Crites asked if Plans 1
and 2 s•ubm i tted at this meeting lowered any of those
standards, and Mr. Diaz responded that they did not.
Crites stated that he also felt the developer should be
required to install mature landscape material, especially
20
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REGULAR PALM DESERT CITY COUNCIL MEETING
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AUGUST 11, 1988
• • • • i ■ * • f * M
between the project and the homeowners directly across the
wall. He said he also wanted the developer to make an
e ffort to ensure that the front buffer area looks
attractive along Hovley Lane. He said he would like to
see a cross section of that strip when it comes back to
Council.
Snyder: Stated that when he was first elected to the City
Council, his philosophy was to keep Palm Desert as a
✓ illage. He said the City was growing, and the Council
was trying to ensure that the projects being approved were
the best for Palm Desert.
W ilson: Stated he was a little perplexed because the
Council had previously turned down a project in this area
after hearing concerns from people in Portola Country
Club. Now this developer had made a very honest attempt
to redesign the project at the direction of the Council,
taking into consideration concerns raised at the previous
meeting. He said he had previously been against giving up
five acres of park land for this development; however, he
was now convinced, after looking at plan #2, that it was
necessary because it opens up the project and makes it a
better neighbor for everyone concerned. He agreed that
traffic was a real concern and had gotten horrendous in
the last several years, but he felt turning down the
project would not stop traffic on Portola Avenue. He
asked that the developer provide some type of control for
the blow sand, such as a sprinkler system or turf. He
asked whether the extension of Hovley Lane to Portola
Avenue would be addressed as part of.this project. Mr.
Diaz responded that it would be addressed at the next
meeting.
Benson: Concerned at last meeting with the project being
so crowded. However, plan #2 with the additional Five
acres was much better. Also expressed concern with the
project being built in phases and suggested that the
developer put in the entire phase adjacent to Portola at
one time.
Mr. Butler responded that he would be willing to put up
the entire wall along Portola at the same time.
Crites: Stated that the United States Congress had passed
legislation stating that apartments could not discriminate
against children. He asked where the facilities for
children would be located in the project. Mr. Butler
responded that it was inadvertently left off the plan.
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 11, 1988
Councilman Wilson moved to, by Minute Motion, direct staff to
prepare a development agreement indicating the Council's preference for
Plan #2 submitted at the meeting and continue adoption of Ordinance No.
551 to the meeting of September 8, 1988, to allow the developer time to
meet with concerned homeowners. Motion was seconded by Crites and
carried by unanimous vote of the Councilmembers present.
B. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT, CHANGE OF
ZONE FROM R-3 (HIGH DENSITY RESIDENTIAL) TO O.P. (OFFICE
PROFESSIONAL), PRECISE PLAN AND PARCEL MAP FOR A 24,000
SQUARE FOOT MEDICAL BUILDING LOCATED AT THE SOUTHEAST
CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE. (Levi
H. Lehv, M.D. and Leroy Miller, Applicants)
Mr. Phill Drell, Associate Planner, reviewed the staff
report, noting that the area was currently zoned and
designated in the Palma Village Specific Plan for high
density residential.
Upon question by Mayor Benson, Mr. Drell responded that
the proposed building was 25 feet at its highest point.
Councilman Crites asked if any kind of landscaping or
architectural feature was being planned for the corner.
Mr. Drell responded that at this there was no specific
architectural feature.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of this project.
MR. LEROY MILLER spoke as the applicant and offered to
answer any questions.
MR. MIKE PACINO spoke as the landscape architect and
explained the landscape architecture of the project.
Mayor Benson invited testimony in OPPOSITION to this project,
and none was offered. She declared the public hearing closed.
Council Comments/Questions:
Crites : Although he felt the project was well designed,
expressed concerned with having two-story, 25-foot high,
building on that corner and felt it was out of character with
the surrounding areas, such as the Palm Desert Civic Center,
the Newman Center, and the open space at College of the Desert.
22
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REGULAR PALM DESERT CITY COUNCIL MEETING
•
•
AUGUST 11, 1988
Said he would like staff to investigate other options for that
corner.
Benson: Concerned about putting the building along the entire
corner and felt the building itself was stark and did not have
any imagination to it.
W i l son : Also concerned with putting a two -store building on
the corner. He asked if it would be possible to redesign the
plan, moving the building over, landscaping the two sides, and
having access off Santa Rosa or San Pablo instead of Fred
Waring Drive'to slow down the traffic. Mr. Drell responded
that it could be done but would make access to the project a
little more difficult. Wilson stated he would like to see more
setbacks and landscaping to soften the impact of the building.
Upon question by Mayor Benson relative to the number of office
spaces, Mr. Miller responded that each floor had 12,000 square
feet but that the space had not yet been divided up.
Snyder___ Also concerned with putting two-story buildings on
corners and said he would like to see the building set hack
five to ten feet.
Upon question by Councilman Crites, Mr. Drell responded that
the Architectural Review Commission had forwarded this project
to the Council. He said the Commissioners felt before asking
for more work to be done on the design of the project, the
developer should have some assurance from the Council that the
use of the property and the zone change would be acceptable.
He asked that the Council approve the zone change and general
plan amendment and continue the precise plan until the final
architecture of the project is more refined.
Councilman Wilson asked that the developer provide some
renderings (instead of only flat pictures) and consider some
type of artistic statement, such as a piece of artwork or a
contribution to the Art in Public Places Program.
Upon question by Mrs. Cassie Lehv, Councilman Wilson stated
that the only thing the developer would have at this time was
assurance by the Council that a medical building would be
acceptable for that corner if the design was good.
Mayor Benson reopened the public hearing.
Councilman Crites moved to: 1) Waive further reading and pass
Ordinance No. 553 to second reading, changing the zone to O.P. (Office
Professional); 2) Waive further reading and adopt Resolution No. 88-110,
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 11, 1988
• • • • • • • { • • • • • • • • • • • • • • • •
amended to approve the General Plan Amendment only; and 3) By Minute
Motion, direct staff to work with the applicant to bring the precise plan
and parcel map back to the Council. Motion was seconded by Wilson and
carried by unanimous vote of the Councilmembers present.
C. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND AMENDMENTS TO A PRECISE PLAN AND
DEVELOPMENT AGREEMENT MODIFYING THE SITE PLAN, ELEVATIONS,
AND INCREASING THE UNIT TOTAL FROM 113 TO 150 FOR A SENIOR
CITIZEN APARTMENT PROJECT ON 7.2 ACRES LOCATED ON THE
SOUTH SIDE OF COUNTRY CLUB DRIVE, 1,600 FEET EAST OF
MONTEREY AVENUE. (USA/Fairfield Realty, Ltd., Applicants)
Mr. Diaz recommended this item be continued to the meeting
of September 8, 1988.
Mayor Benson opened the public hearing and invited testimony in
favor or against the proposal. None was offered.
Upon motion by Benson, second by Crites, the item was continued to
the meeting of September 8, 1988, by unanimous vote of the Councilmembers
present.
D. CONSIDERATION OF THE FORMATION OF PROPOSED UNDERGROUND I NG
ASSESSMENT DISTRICT 88-1.
Mr. Conlon requested a continuance of this item to the
meeting of September 8, 1988.
Mayor Benson opened the public hearing and invited testimony if
favor or against the assessment district. None was offered.
Upon motion by Wilson, second by Snyder, and unanimous vote of the
Councilmembers present, the item was continued to the meeting of
September 8, 1988.
E. REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT AND A
DEVELOPMENT AGREEMENT TO CONSTRUCT A 17-UNIT SENIOR
CITIZEN APARTMENT PROJECT ON THE SOUTH SIDE OF SANTA ROSA,
APPROXIMATELY 200 FEET EAST OF SAN PASQUAL AVENUE.
(Schmitz Enterprises, Applicant)
Mr. Diaz reviewed the staff report and recommendation for
approval.
Mayor Benson invited testimony in favor of the request, and the
following spoke:
24
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 11, 1988
• 4 4 ! • # • * # * * * • * # * • i i i * * ! * f
MR. HARRY SCHMITZ, owner and developer of the project,
spoke in favor. of the request and the staff
recommendation. He said it was the third project in the
neighborhood.
Mayor Benson -invited testimony in opposition to the request,
and none was offered. She closed the public hearing.
Upon motion by Wilson, second by Snyder, Ordinance No. 555 was
passed to second reading by unanimous vote of the Councilmembers present.
F. CONSIDERATION OF A REQUEST BY THE CITY OF PALM DESERT FOR
APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
AND AN AMENDMENT TO THE PALMA VILLAGE SPECIFIC PLAN AND
CHANGE OF ZONE REDESIGNATING TWO PARCELS FRONTING ON THE
NORTH SIDE OF FRED WARING DRIVE BETWEEN MONTEREY AVENUE
AND ACACIA DRIVE AND A THIRD ADJACENT PARCEL FRONTING ONTO
ACACIA DRIVE FROM R-2 S.P. (HIGH DENSITY RESIDENTIAL -
SPECIFIC PLAN) AND R-1-12,000 (HIGH DENSITY RESIDENTIAL -
SPECIFIC PLAN) TO O.P. (OFFICE PROFESSIONAL) TO PERMIT AN
OFFICE USE FRONTING ONTO FRED WARING DRIVE AND A CHANGE OF
ZONE REDESIGNATING FOUR PARCELS ON THE EAST SIDE OF ACACIA
DRIVE SOUTH OF ARBOLEDA AVENUE FROM R-1-12,000 TO R-3-
12,000 TO PERMIT CONSTRUCTION OF A GREENBELT AND PARKING
LOT SERVING THE TOWNCENTER APARTMENTS TO THE EAST.
Mr. Diaz reviewed the staff report and recommendation
noting that parking was permitted in R-3 zones and not R-
1. This plan attempts to solve the parking problems as
well as other problems associated with the project.
Mayor Benson opened the public hearing and invited testimony in
favor of the request, and none was offered. She invited
testimony against the request, and the following spoke:
MR. RICHARD WOOD, 43-827 Acacia, Palm Desert, said the
apartment project was not an outstanding piece of property
and never had been. He said its construction was so poor
that the walls rattled when people walked down the
hallways. He said this plan was a step in the right
direction to improve it, but he opposed entrance/exits of
the parking lot where there were being proposed on Acacia
which he felt already had too much traffic.
Mr. Diaz responded that those entrances and exits would
not be finalized until the precise plan was approved, and
Mr. Wood's comments would be taken into consideration at
that time.
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 11, 1988
* * * ■ • * * * * * * • * ■ * f ■ * • * * ■ * * *
With no further testimony offered, Mayor Benson closed the
public hearing.
Upon motion by Snyder, second by Benson, Resolution No. 88-112 was
adopted and Ordinance No. 556 was passed to second reading by unanimous
vote of the Councilmembers present.
G. APPEAL OF PLANNING COMMISSION DECISION BY SUSAN CUSE TO
DENY A PARCEL MAP TO ALLOW A LOT SPLIT, A VARIANCE TO THE
ZONING ORDINANCE TO ALLOW THE PROPOSED LOT SPLIT AND THE
SUBSEQUENT CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AND
GUEST HOUSE ON PROPERTY IN THE WEST HILLS AREA OF PALM
DESERT.
Mr. Diaz reported that the Planning Commission had denied
this request because the required findings for a variance
could not be met.
Mayor Benson opened the hearing, and invited testimony in favor
or against the appeal.
MR. CHARLES HAVER, 74-390 Highway 111, Palm Desert, spoke
on behalf of Ms. Cuse who was unable to attend the meeting
and requested a continuance.
Upon motion by Wilson, second by Benson, the appeal was continued to
the meeting of September 8, 1988, by unanimous vote of the Councilmembers
present.
H. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT ZONING
ORDINANCE, SECTION 25.56.190D, RELATING TO HEIGHT LOCATION
MATERIALS FOR FENCES WITHIN OR ADJACENT TO R-1 SINGLE-
FAMILY ZONES.
Mr . Phil Dre11 reviewed the staff report and
recommendat ion .
Mayor Benson opened the public hearing and invited testimony in
favor or against the proposed ordinance amendment. None was
offered. She closed the public hearing.
Upon motion by Crites, second by Snyder, Ordinance No. 557 was
passed to second reading by unanimous vote of the Councilmembers present.
XIX. ORAL COMMUNICATIONS - D
MR. KIEGER BARTON, 44-519 San Anselmo, Palm Desert, addressed
Council about a parking problem Assessment District 87-1 was
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
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* * *
AUGUST 11, 1988
* * * * * * * * * * *
creating in an apartment project he had. Mr. Folkers said he
had not yet had an opportunity to meet with the project
engineer, Mr. Joe Kicak, but that they were going to meet to
try and find a solution.
XX. ADJOURNMENT
Upon motion by Wilson, second by Crites, and unanimous vote of the
Councilmembers present, Mayor Benson adjourned the meeting at 10:10 p.m.
to Closed Session pursuant to Government Code Section 54956.8, Real
Property Transactions and 54956.9 (a) and (b), Pending and Potential
Litigation, said Closed Session to immediately follow adjournment of the
Redevelopment Agency meeting. She reconvened the meeting at 11:25 p.m.
and immediately adjourned with no action announced.
ATTEST:
SHE I LA R. GXLL I GAN, fl,I'TY CLERK
CITY OF PALM DESERT, CALIFORNIA
27
JE
gb2
. BENSON, MAYOR
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 11, 1988
* * * • * • * * * * * * * * * • • • * • • • • • •
OFFICERS
SEN LAOOS
MIYOINT
LARRY KAMINS
',mown./
JONF MAT
JANE JOHNSEN
ITM1.I.
WINI WALKER
IiIOUIrvI OIrKIA
IM .OaLAND
PASTw.T
DIRECTORS
STATE DIRECTORS
11.4.10v OM.
WIRT MY..
MI lbw
ART 14.11AY
EXHIBIT "A"
Pfll fll DESERT - RflflCHO MIRE - IflDlflfl WELLS
OORRD Of RUMORS, IOC.
44.475 MONTEREY AVENUE PALM DESERT, CALIFORNIA 92260
TELEPHONE (619) 346.5637
July 28, 1988
Palm Desert City Council -
City of Palm Desert k
73510 Fred Waring Drive r,
Palm Desert, CA 92260
It has come to our attention that a petition to remove €he wall
extension closing an area adjacent to the Board property has been
brought to the Palm Desert City Council. We are vehemently opposed
to the removal of any portion of that wall. We are prepared to
provide the City Council with a countering petition at the next
scheduled City Council meeting on Thursday, August 8th.
Ladies and Gentlemen:.
1�
REALTOR.
We realize an inconvenience was created for the residents of the
Palma Vista area by the closing of the wall and would, therefore,
offer two alternative solutions to the problem.
One alternative would be to provide an opening through the wall
at the extreme west end of Rancho Grande, thereby giving residents
direct access to the Town Center's west parking lot, thus avoiding
Manookian's property as well as the Board's.
The other alternative would be to cut an opening through the Town
Center north boundary wall at mid -point, giving the Palma Vista
residents immediate access to the Town Center at a more central
point. Steps may be necessary.
We've discussed these alternatives with Lee Haven and his opinion
was that the opening at mid -point in the north wall made more sense.
Sandy Baum has also discussed the problem with Ray Diaz and told him
of the Board's position. We have not discussed the above alternatives
with anyone other than the above, but we would be happy to sit down
with City staff to discuss the options further.
Sincerely,
, -1
Ben Lagos
President
BL/ww
2 8
cc: Lee Haven
Dave Manookian
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
EXHIBIT "B"
A KiAFIROOT T QEVEt PMENTII 1:3
_.
(j'' ' •August 9,. 1988
Mayor Jean Benson
Civic Center
73510 Fred Waring Drive
Palm Desert, CA 92260
Dear Mayor Benson:
AUGUST 11, 1988
On behalf of Marriott's Desert Springs Development Corp., the writer
wishes to convey the following comments regarding the Hovley Lane
apartment project south of our resort property. We assume that the
density of 612 units has been granted. We therefore are left only to
express concerns about what the project looks like and how the 612
units are placed on the land.
We appeal to the Palm Desert City Council to require of the developers
that they do the following:
(1) Change the land use plan so that view planes between
two --story buildings are created by east/west spacing
between buildings;
(2) Require upgrading of architectural approach, especially
elevations;
(3) Require berming, perimeter walls and external soft-
scaping to obscure open views of uncovered, un-
sightly parking areas, and to soften views of the
buildings.
An alternative to the first request might be to change the land use
plan so that the parks border Hovley Lane and the residential devel-
opment borders these parks to the south. Ingress and egress to the
apartments could be attractively planned "through the park" and
would be even more desirable to residents than bordering on Hovley
would be.
It appears to us that although criticisms of both One Quail and St. Tropez
were part of your previous deliberations, unattractive features are being
repeated. Too many units are being allowed on too few of the total of
60 acres. The building masses that will result will cosmetically down-
grade the resort ambiance created by Desert Springs. The project's
present plan will block out lovely, existing views from our condominium
property and its present design contrasts unfavorably with the luxury
resort -style units planned for our property across from this rental
project. We find this regrettable and to a degree , unconscionable.
We appeal to the Council at least to require higher standards of design
and landscaping. 2 9
Ft EVEN AVENIDA AND1RA • PO BOX 2077 • PAI M IFORrJIA 92261 2077 • 1619) 568 6158
Mayor Jean Benson
August 9, 1988
Page 2
The undersigned is out of the country at the time of the hearing,
August 11. In my absence, I have asked my associate, Prudence
Georgia, Sales Director for The Estates at Desert Springs, to
appear on behalf of Marriott, along with Charles Mueller of The
Mueller Company. Mr. Mueller, as you know, has acted as consultant
to Marriott regarding residential development at Desert Springs and is
engaged in planning condominium development for his own company on
the 12 acres across frorn the apartment project.
Thank you for your consideration of Marriott views.
Very truly yours,
,C,f "J //`/_/?r'
t
Phyllis Thompson
Vice -President
PT :de
cc: Ray Diaz
Ronald Gregory
Rick Holden
Mary Drury
Russ McCrae
Steve Sullivan