HomeMy WebLinkAbout1988-12-08MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, DECEMBER 8, 1988
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER
Mayor Wilson convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
III. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present :
Councilmember Jean M. Benson
Councilmember Richard S. Kelly
Councilmember Walter H. Snyder
Mayor S. Roy Wilson
Excused Absence:
Mayor Pro-Tem Buford Crites
Mayor Wilson noted for the record that Mayor Pro-Tem Crites was
attending a conference in Boston on behalf of the City and was,
therefore, not able to attend this meeting.
Also Present:
Bruce A. Altman. City Manager
Carlos L. Ortega, ACM/RDA Executive Director (arrived 5:10p.rn.)
David Yrigoyen, Administrative Assistant
David J. Erwin, City Attorney
Sheila R. Gilligan. City Clerk/Public Information Officer
Ramon A. Diaz, ACM/Director of Community Development/Planning
Richard J. Folkers, ACM/Director of Public Works
Kirby J. Warner, ACM/Director of Economic Development
Frank Allen, Director of Code Compliance
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of November
10 and November 24, 1988. and the Adjourned Meetings of
November 8 and November 29, 1988.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR 1009, 1011, 1101, and 1104.
Rec: Approve as presented.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Calru
Corporation for Pasta Italia, 44-491 Town Center Way, #G,
Palm Desert.
Rec: Receive and refer to the Department of Community
Development for processing.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Di -Rob, Inc.
for AlkoBar Liquor, 73-510 Palm Desert Drive, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sean Newman
for B's Desert Cafe, 73-890 El Paseo, #R-8, Palm Desert.
Rec: Receive and refer to the Department of Community
Development for processing.
F. RESOLUTION NO. 88-145 - 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 & Safety That Have Been
Microfilmed.
Rec: Waive further reading and adopt.
G. REQUEST FOR APPROVAL of Change Order No. I_ to Contract No.
00-292 with Joseph Cicchini, Magnesia Falls Bicycle Path.
Rec: By Minute Motion, approve Change Order No. 1 to
Contract No. 00-292 in the amount of $1,774.45.
H. CLAIM NO. 083 AGAINST THE CITY by GTE in the Amount of
$997.97.
Rec.
By Minute Motion, authorize the Claims Review
Committee to pay $997.97 to GTE contingent upon
full release of liability.
I. REQUEST FOR DESIGNATION OF BOARD MEMBERS to Coachella
Valley Joint Powers Insurance Authority (CVJPIA).
Rec:
By Minute Motion, designate Board of Director
membership to the CVJPIA as follows: Boar(
Member - Assistant City Manager Carlos Ortega:
Alternate - Finance Director Paul Gibson.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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J. REQUEST FOR APPROVAL for Use of Rule 20A Funds.
Rec:
By Minute Motion, authorize staff to utilize
Public Utilities Commission Rule 20A Funds for
undergrounding facilities on the Civic Center
site.
K. REQUEST FOR APPOINTMENT of City Treasurer.
Rec: Waive further reading and adopt Resolution No.
88-146, amending Resolution No. 88-69.
L. REQUEST FOR APPROVAL of Contract No. 00-312 with Willdan
Associates for Plan Check Services.
Rec:
By Minute Motion, approve Contract No. 00-312
for the purpose of providing plan check services
for the Building Department.
M. REQUEST FOR AWARD OF CONTRACT NO. 00-327 for Purchase of
Aperture Card/Reader Printer.
Rec:
By Minute Motion, authorize the award of
Contract No. 00-327 in the amount of $14,500
with Burtronics Business Systems.
N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
00-181, John Outcault, for Civic Center Remodel.
Rec:
By Minute Motion, approve Change Order No. 1 to
Contract No. 00-181 to John Outcault for
additional design services in the amount of
$2,775.00 and authorize the Director of Finance
to appropriate same from the unallocated
Construction Tax funds.
0. REOUEST FOR APPROVAL to Advertise and Call for Bids for
Contract No. 00-334 for Curb, Gutter, Sidewalk, Cross
Gutter, and Other Miscellaneous Repairs.
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for Contract No. 00-
334.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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P. CONSIDERATION OF Fairway Drive Traffic Study.
Rec:
By Minute Motion, direct staff to schedule a
workshop in which alternative traffic management
options developed by City staff can be reviewed
by the City Council and/or representatives of
the concerned citizens.
Q REQUEST FOR SCHEDULING OF PUBLIC HEARING for Consideration
of North Side Country Club Drive Kelly Ordinance Widening
between Portola Avenue and Cook Street.
Rec:
Waive further reading and adopt Resolution No.
88-147, setting a public hearing for
consideration of placing a lien on a property
affected by the subject Kelly Ordinance project.
R. REQUEST FOR APPROVAL of Agreement No. 00-335 - Cooperative
Agreement between the County of Riverside and the City of
Palm Desert for the Installation of the Traffic Signal at
Portola Avenue and Country Club Drive.
Rec: By Minute Motion, approve Agreement No. 00-335
and authorize the Mayor to execute same.
S. REQUEST FOR SCHEDULING OF PUBLIC HEARING for Consideration
of North Side Hovley Lane Kelly Ordinance Widening at
Monterey Avenue.
Rec:
Waive further reading and adopt Resolution No.
88-148, setting a public hearing for
consideration of the subject Kelly Ordinance
project.
T. REQUEST FOR AWARD OF CONTRACT NO. 00-336 - Magnesia Falls
Bikepath.
Rec: By Minute Motion, award Contract No. 00-336 to
the lowest responsible bidder.
U. REOUEST FOR CONSIDERATION of Oversized Banner for National
Collegiate Tennis Classic at Shadow Mountain Resort.
Rec:
By Minute Motion and under authority granted in
Section 25.68.540 of the Municipal Code, grant
the Shadow Mountain Resort a special permit for
a 75-sq. ft. banner welcoming the National
Collegiate Tennis Classic.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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V. REQUEST FOR AUTHORIZATION to Advertise 8 Call for Bids for
Contract No. 00-337, Abatement Contractor.
Rec.
By Minute Motion, authorize the City Clerk to
advertise and call for bids for Contract No. 00-
337.
W. CONSIDERATION OF A REQUEST FOR CLARIFICATION OF CITY
COUNCIL CONDITION RELATIVE TO TENTATIVE TRACT MAP 23681,
CHAZEN DEVELOPMENT.
Rec:
By Minute Motion, affirm the subject condition
as presented at the City Council meeting of
November 10, 1988.
X. INFORMATIONAL ITEM:
1. Status of Highway 111 FAU Street Widening.
Mr. Altman asked that Item T be removed for separate discussion
under the Consent Items Held Over portion of the Agenda. Mayor
Wilson asked that Items P and U also be held over.
Upon motion by Snyder, second by Kelly, the remainder of the
Consent Calendar was approved as presented by unanimous vote of the
Council.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 562 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION
2 . 56. 030 TO THE CODE OF THE CITY OF PALM DESERT WITH
RESPECT TO PROHIBITED ACTIVITIES OF PUBLIC OFFICERS.
Mr. Altman stated that there was a memo in the packets and
offered to answer any questions.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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Upon question by Mayor Wilson, Mr. Altman responded that
this ordinance had not yet been circulated to other
affected committee or commission members.
Mayor Wilson asked if there was any urgency in introducing
the ordinance at this time. Mr. Erwin responded that
there was not and that the ordinance was in answer to
concerns expressed in the past.
Mayor Wilson suggested that the matter be continued so
that committee and commission members could review the
ordinance and indicate any concerns or suggestions they
might have.
Councilman Snyder moved to, by Minute Motion, continue this
matter until such time as other committee and commission members have an
opportunity to review the ordinance. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
B. ORDINANCE NO. 563 - 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 ON SAN PASCUAL AVENUE, RUTLEDGE WAY, AND
GRAPEVINE STREET.
Mr. Folkers reviewed the staff report, noting that this
recommendation was a result of the Technical Traffic
Committee's review of studies that had been conducted.
Councilman Kelly moved to waive further reading and pass
Ordinance No. 563 to second reading. Motion was seconded by Benson and
carried by unanimous vote of the Council.
For Adoption:
A. ORDINANCE NO. 561 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
10.24.010 AND SECTION 10.24.030 OF THE PALM DESERT
MUNICIPAL CODE.
Mr. Altman stated that no changes had been made since
introduction of this ordinance and recommended its
adoption.
Councilmember Benson moved to waive further reading and adopt
Ordinance No. 561. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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IX.
CONSENT ITEMS HELD OVER
P. CONSIDERATION OF Fairway Drive Traffic Study.
Mayor Wilson stated that he had called this up at the
request of Mayor Pro-Tem Crites, who had expressed concern
with the possibility of the City doing the same thing on
this street as it did on San Gorgonio by putting in
barricades. He said he would much rather spend the extra
money for traffic patrol in the area.
Mr. Folkers responded that enforcement was not one of the
options called out in the report and that the intent was
to come up with a program that residents and the Council
would feel comfortable with.
MR. JIM GIBSON, 74-860 Fairway Drive, stated that the
problem with this street had gone on for years. He
expressed concern with the safety of residents and their
pets and said he hoped something could be done to divert
the traffic that shortcuts from Cook to Portola and back
down to Highway 111.
Upon question by Mayor Wilson relative to rigorous traffic
patrol rather than barricades, Mr. Gibson responded that
he felt this would not really solve anything and would be
on a temporary solution.
Councilman Kelly stated that
not just with speeding but was
with approximately 6.000 cars
street, and having a Sheriff's
would not change that fact.
remember as far as barricades
business circulation str
relationship to any commercial
the problem on Fairway was
also the volume of traffic,
per day on this residential
deputy there 24 hours a day
He added that something to
was that San Gorgonio was a
eet, and Fairway has no
operation. He said he felt
it was urgent and very important to send this matter on
for review.
Councilmember Benson said she felt the best thing to do
would be to cul-de-sac the street at the Cook Street end.
She added that she would also like to see the matter go
through the committee review process.
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PALM DESERT CITY COUNCIL MEETING
DECEMBER 8, 1988
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Councilmember Benson moved to, by Minute Motion, direct staff
to schedule a workshop in which alternative traffic management options
developed by City staff can be reviewed by the City Council and/or
representatives of the concerned citizens. Motion was seconded by Kelly
and carried by a 3-1 vote, with Mayor Wilson voting NO.
Councilman Kelly added that he had never talked to any of
the people about Fairway Drive but that he felt it was the
worst situation possible.
T. REOUEST FOR AWARD OF CONTRACT NO. 00-336 - Magnesia Falls
Bikepath.
Mr. Diaz stated that bids for this project had been opened
o n December 5th and that a new staff report and
recommendation had been submitted to the Council. He
✓ eviewed the staff recommendation, noting that this
project would connect the Civic Center with the Palm
Desert High School with two miles of off -road bikeway.
Councilman Snyder moved to, by Minute Motion: 1) Award theII
construction contract to Allred & Kyser in the amount of $121,768.00,
w ith a 20% contingency; 2) Approve Change Order No. 1 to said contract
authorizing an additional $10,992.00, which is to be taken from the
contingency; and 3) Appropriate $25,000.00 from the unobligated parks and
recreation funds to cover the contingency amount. Motion was seconded by
Benson and carried by unanimous vote of the Council.
U. REQUEST FOR CONSIDERATION of Oversized Banner for National
Collegiate Tennis Classic at Shadow Mountain Resort.
Mayor Wilson stated that he had called this item up at the
request of Mayor Pro-Tem Crites, who had questioned why
the banner needed to be put up in December if the event
was not going to take place until January.
MS. CINDY BARTLETT, representing Shadow Mountain Resort,
responded that this banner would be placed above the guard
gate in hopes of having more stays and more people
attending the Classic. Upon question by Councilman Kelly,
she responded that this was a nationwide tournament and
that this was the 13th year. She said the country's top
men and women players would he competing and that it would
he televised on two major networks and one sports network.
Councilman Kelly stated that this type of sign was similar
to the banners used for the Bob Hope Classic and that he
felt it was a good way to promote this community event,
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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especially since it has nationwide significance. He said
he not only approved it, he supported it.
Councilman Kelly moved to, by Minute Motion and under authority
granted in Section 25.68.540 of the Municipal Code, grant the Shadow
Mountain Resort a special permit for a 75-sq. ft. banner welcoming the
National Collegiate Tennis Classic. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
X. NEW BUSINESS
A. REQUEST FOR CONSIDERATION OF IMPLEMENTATION OF AB 1600.
Mr. Altman noted that there was a memo in the packets
relative to new construction tax, signalization fee, and
drainage fee. He offered to answer any questions.
Councilman Kelly stated that during discussions of the
Transportation Uniform Mitigation Fee, questions had come
up relative to whether or not it would qualify under this
Assembly Bill; after reading the staff report, it looked
to him like it would qualify.
Mr. Diaz responded that it was also his understanding that
it would qualify.
Mr. Erwin added that when it is put into place, it will
follow much the same format.
Councilmember Benson moved to waive further reading and adopt
Resolution Nos. 88-149 (New Construction Tax), 88-150 (Siqnalization
Fee), and 88-151 (Drainage Fee). Motion was seconded by Kelly and
carried by unanimous vote of the Council.
B. CONSIDERATION OF RECOMMENDATION FROM ECONOMIC DEVELOPMENT
COMMITTEE REGARDING RADIO STATION KPSC.
Mr. Warner reviewed the staff report and recommendation
from the Economic Development Committee (EDC). He said
this would be the only public broadcasting radio station
in the desert and that representatives had indicated they
would like to have it located in Palm Desert. He said the
EDC felt there were enough tangible benefits to having the
station in Palm Desert that would warrant further
exploration.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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f f + r a
Councilman Snyder moved to, by Minute Motion, direct staff to
further explore the provision of office space for KPSC. Motion was
seconded by Kelly and carried by unanimous vote of the Council.
C. CONSIDERATION OF HOTLINE FOR REPORTING CODE VIOLATIONS.
Mr. Altman reviewed the staff report and offered to answer
any questions.
Upon question by Councilmember Benson relative to whether
or not the pot hole hot line had been a success, Mr.
Folkers responded that there were not a lot of calls
coming in and that they were being responded to.
Mayor Wilson asked whether it would be possible to let the
Code Compliance Department use that telephone line since
it was not getting much activity. Mr. Folkers responded
that staff could look into this possibility.
Mayor Wilson moved to, by Minute Motion, direct staff to use
the pot hole hot line for reporting code violations, with the possibility
of expanding it at a later date if it gets a lot of usage. Motion was
seconded by Benson and carried by unanimous vote of the Council.
D. REQUEST FOR APPROVAL OF PENALTIES AND GRACE PERIOD FOR
BUSINESS LICENSE RENEWALS.
Mr. Allen reviewed the staff report, noting that currently
the City has approximately 75-125 delinquent accounts per
month out of total 4,800 accounts. He said he felt the
44-day grace period was too long and that the entire
policy should be reevaluated. He suggested that a
committee be formed to look into this matter.
Councilmember Benson suggested including a representative
from the Chamber of Commerce on this committee since it
does have a retail committee.
Councilman Snyder moved to, by Minute Motion, form a committee
composed of two Councilmembers, Code Enforcement Inspector Wayne Ramsey,
Finance Director Paul Gibson, City Manager Bruce Altman, Code Compliance
Director Frank Allen, and two members of the Chamber of Commerce to look
into the City's policy with regard to penalties and grace period for
business license renewals. Motion was seconded by Benson and carried by
unanimous vote of the Council.
Councilmembers Benson and Snyder volunteered to serve on
this committee, and the Council concurred.
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PALM DESERT CITY COUNCIL MEETING
DECEMBER 8, 1988
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E. CONSIDERATION OF A REQUEST BY CHARLES SPRINGER FOR WAIVER
OF DELINQUENT FEES.
Mr. Allen reported that this matter had been resolved, and
no action needed to be taken by the Council.
F. CONSIDERATION OF ENVIRONMENTAL AWARD OF EXCELLENCE PROGRAM
(Councilman Richard S. Kelly)
This item was added to the Agenda and posted on December
5th - see Council Reports and Remarks for discussion and
action taken.
XI. CONTINUED BUSINESS
A. CONSIDERATION OF REPORT ON MARKETING PROGRAM ACTIVITIES.
Mayor Wilson stated that the Activities Promotion
Committee endorsed the recommendations set forth in the
October 3rd memo from Mr. Warner but that the Chamber of
Commerce wanted something different and had submitted a
memo outlining its recommendations. He suggested forming
a committee comprised of two Councilmembers, two
Activities Promotion Committee members, and two Chamber of
Commerce representatives to sit down and discuss the
differences in thinking and come back with a solution.
Councilman Kelly said he thought this was a good idea but
felt the Councilmembers who are selected to serve on this
committee should not also serve on the Activities
Promotion Committee.
MR. KERMIT MARTIN, Vice President of the Chamber of
Commerce, stated that although the Chamber had made an
alternate recommendation, it would be happy to go along
with the Mayor's suggestion relative to a study committee.
MR. DAVID CEARLEY, Chairman of the Activities Promotion
Committee, said he felt the last thing the City needed was
another group to oversee things, as outlined in the
Chamber's recommendation. Upon question by Mayor Wilson,
he said he had no objections to forming a study committee.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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Councilman Snyder moved to, by Minute Motion, direct staff to
form a study committee comprised of two Councilmembers, two Activities
Promotion Committee members, two staff, and two representatives from the
Chamber of Commerce. Motion was seconded by Benson and carried by
unanimous vote of the Council.
Mayor Wilson appointed Councilmen Kelly and Snyder to
serve as the Council representatives to this study
committee. Both agreed to serve. He also asked that the
City be notified once the representatives from the
Activities Promotion Committee and the Chamber of Commerce
were appointed.
B. REQUEST FOR APPROVAL OF CONSTRUCTION OF HOVLEY LANE STREET
IMPROVEMENTS BETWEEN PORTOLA AVENUE AND COOK STREET.
Mr. Folkers reviewed the staff report and offered to
answer any questions.
Councilman Kelly asked if it would be better to plan this
so that Hovley Lane is opened up with the signal at
Portola Avenue and whatever the ultimate road will be
rather than opening it for only the amount of traffic that
we know will be there.
Mr. Folkers responded that staff's preference would be to
have the road completely widened from one side to the
other when it is opened up. However. if delays are
encountered, it could result in a street system that is
not contiguous. As far as traffic signals, he said the
Triad Development would be putting in a signal at that
corner.
Councilmember Benson said she felt it was very important
for the street to be done right the first time, especially
since it would really be used once the Post Office is
opened.
Councilman Snyder asked if an assessment district could be
started for this. Mr. Altman responded that the City
Attorney's recommendation, in order to get the whole
street done, was to direct staff to commence design of the
total street and instruct the City Attorney to come up
with a financing mechanism to make sure all the
appropriate people pay their share. either with an
assessment district or some other manner.
12
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PALM DESERT CITY COUNCIL MEETING
DECEMBER 8, 1988
Councilman Snyder moved to, by Minute Motion, accept the
City ATtorney's recommendation as set forth above. Motion was
seconded by Kelly.
Mayor Wilson stated that Mayor Pro-Tem Crites had
requested that he ask staff whether or not a third lane
had been considered at Portola Avenue for turns and felt
this would need to be considered when it comes back to the
Council. He said another recommendation was to look into
the possibility of putting in the median strip now even
though it will not be landscaped.
Mayor Wilson called for the vote. Motion carried by
unanimous vote of the Council.
XII. OLD BUSINESS
A. CONSIDERATION OF A PETITION REQUESTING A PEDESTRIAN
CROSSWALK DESIGNATION AT PORTOLA AVENUE AND HOVLEY LANE
INTERSECTION.
Mr. Folkers reviewed the staff report dated December 8th,
noting that staff's recommendation was that the request be
denied based on the analysis done.
Upon question by Councilmember Benson regarding the
Possibility of installing a sidewalk on Portola Avenue
from the Casa Blanca development north to the Fire
Station, Mr. Folkers said he felt it would not be feasible
because of blow sand. However, he said he would look into
the possibility.
Councilman Kelly asked what concerns had been expressed by
the Rancho Mirage City Attorney, and Mr. Folkers responded
that he had indicated he had problems trying to cross the
street while jogging.
MR. DANIEL BARNES, 41-613 Aventine Court (Casa Blanca),
said he personally did not like crosswalks, either as a
driver or as a person using them, and felt they were
dangerous. He said he felt the best suggestion would be
to extend in some way a sidewalk from the end of the Casa
Blanca project up to the Fire Station at Country Club
Drive.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8. 1988
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Councilman Snyder moved to, by Minute Motion. direct staff to
investigate the possibility of creating some type of pedestrian path on
Portola Avenue. Motion was seconded by Benson and carried by unanimous
vote of the Council.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Altman stated that the Claims Review Committee had met
on December 5, 1988, and because it was anticipated that
the Council would not meet again until January 12, 1989,
had asked that two claims be added to this agenda.
Councilman Kelly moved to add the two claims to this agenda as
items that came up after the Agenda was posted. Motion was seconded by
Benson and carried by unanimous vote of the Council.
1. Claim Against the City (#093) by Summit Homeowners
Association for Indemnity
Mr. Altman reviewed the staff report and recommended
that the claim be returned as late.
Councilman Kelly moved to, by Minute Motion: 1) Return this
item as a late claim for failure to file within the time limit prescribed
in Government Code Section 911.2; and 2) Direct the City Clerk to so
notify the Claimant. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
2. Claim Against the City (#092) by Jim Torro in the
Amount of $548.70
Mr. Altman reviewed the staff report and
recommendat ion.
Councilman Snyder moved to, by Minute Motion, deny the claim
and direct the City Clerk to so notify the Claimant. Motion was seconded
by Kelly and carried by unanimous vote of the Council.
B. CITY ATTORNEY
Mr. Erwin asked that the Council adjourn to Closed Session
pursuant to Government Code Section 54956.9(a), pending
litigation, and that the Closed Session be held prior to
the dinner break if possible.
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PALM DESERT CITY COUNCIL MEETING
DECEMBER '8, 1988
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Councilman Kelly stated that the following item of New
Business had been added to the Agenda and posted on
December 5th:
F. CONSIDERATION OF ENVIRONMENTAL AWARD OF EXCELLENCE
PROGRAM (Councilman Richard 5. Kelly)
Councilman Kelly reviewed the report and his
suggestions that this award be created with a
committee to review nominations submitted and make
recommendations to the Council.
Mr. Altman said he thought this was a good idea and
felt it should be referred to staff to come back at
the next meeting with suggestions on how to implement
it.
Councilmember Benson agreed that this was a good idea
but asked whether it would conflict with what Mrs.
Marian Henderson does with Desert Beautiful.
Councilmen Kelly responded that the Desert Beautiful
program was for the entire Coachella Valley, where
this would only be for Palm Desert. He added that he
thought Mrs. Henderson would be an ideal person to
have on the committee.
Councilman Snyder moved to, by Minute Motion, approve this
program in concept and refer to staff to work out details and bring it
back to the Council at a later date. Motion was seconded by Benson and
carried by unanimous vote of the Council.
2. Councilmember Benson stated that at its meeting of
December 6th, the Planning Commission had denied a
request by the Marriott for approval of timeshares.
She said she felt the project should be reviewed by
the Economic Development Committee before coming to
the Council.
Mr. Erwin responded that what was before the Planning
Commission was an ordinance initiation modifying the
City's timeshare ordinance and that it was not a
specific project. He added that the ordinance
amendment would be before the Council in January.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
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Mayor Benson said he agreed the matter should be
reviewed by the EDC, and Mr. Warner said it could be
added to the December 15th Economic Development
Committee agenda.
3. Councilman Kelly asked for a status report on items
that staff had been directed to look into: 1) Hot
line for citizens to report trouble with cable
television; and 2) Feasibility of the City bringing
in its own signal for Los Angeles channels.
Mr. Ortega responded that he was still working with
Palmer Cablevision on the hot line. As far as
alternative systems, an engineering survey had been
done and an initial response prepared and distributed
to the Council. If the Council wished to proceed, he
suggested that the engineer be asked to make a
presentation and explain the alternatives prior to
any agreement being entered into.
Upon question by Councilmember Kelly relative to
legislation allowing cities to sell bonds to build or
buy a cable system, Mr. Erwin responded that he would
look into this with Mr. Ortega and report back.
Mayor Wilson said that at the recent Mayor's
Breakfast, he had been very impressed with Steve
Merritt, the new General Manager of Palmer
Cablevision, and felt he had a handle on the
situation and should be given some time to see
whether or not he can get the system working better.
Councilman Kelly agreed but felt the Council should
be responsible to its constituents and not stand
still in the meantime.
Mayor Wilson asked that staff continuing exploring
alternatives. Council concurred.
4. Kaffeeklatsch
Mayor Wilson stated that one of the reasons the
Kaffeeklatsch had been changed to 3:00 p.m. before
Council meetings was to encourage attendees to stay
afterwards to see the City Counc i 1 in action.
However, this had not happened, and he asked that the
Council consider having the Kaffeeklatsch the morning
of the first Council meeting each month from 6-9 a.m.
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
* * * * * * * * 1 * * * * * * * * * * * * ■ * *
He said he needed to have the hour before Council
meetings to go over any additional agenda items. He
asked that the Council consider this and report back
to him in the next few days with any suggestions or
concerns.
o City Council Committee Reports:
1. Mayor Wilson reported that the Riverside County
Transportation Commission (RCTC) had met and
authorized funding to CVAG for work on transportation
Measure A and also voted to use CVAG as a model for
administering Measure A monies throughout the County.
He said it was proposed to form a mini COG in the
western end of the County that would be set up to
address transportation, with an executive committee
similar to CVAG's and composed of a Councilmember
from each of the ten western cities plus Supervisors.
He added that a technical advisory committee would
also be set up that would be similar to CVAG's TAC
committee.
XIV. ORAL COMMUNICATIONS - B
MR. DANIEL BARNES, 41-613 Aventine Court. addressed the Council
relative to the two portions of Hovley Lane in the City being
so far apart from each other. He suggested designating one as
"North Hovley Lane" and the other as "South Hovley Lane" or
perhaps redesignating one with a completely new name.
Mayor Wilson said he felt this was a good idea and asked that
staff look into it. Council concurred.
Councilmember Benson said someone had proposed to her that the
name be changed for the portion where the Post Office will be.
She added that she had asked Mr. Daniel Callahan of the
Historical Society to research the origin of the name "Hovley".
Mr. Barnes suggested that the name be changed on the portion
that would affect the least number of people. He also thanked
staff and Mr. Folkers for taking care of the situation at the
corner of Hovley and Portola and providing better visibility.
17
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
s • ■ • * • • * • • * * * * * • a a * • * * *
Councilmember Benson moved to adjourn the meeting to Closed
Session at 5:32 p.m. pursuant to Government Code Section 54956.9(a),
pending litigation (Palm Desert vs. Indian Wells/Sunterra; McMillan
Mitchell vs. Palm Desert; Palm Desert vs. Robert Jacobs; Palm Desert vs.
Eisman). Motion was seconded by Snyder and carried by unanimous vote of
the Council.
Mayor Wilson reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF STUDENT AWARDS FOR THE CALENDAR POSTER
CONTEST.
Mayor Wilson stated that part of the City's recent l5th
Birthday Celebration was a Poster Contest for Desert Sands
Unified School District students, with the theme "Palm
Desert, the City for Everyone." He said approximately 300
entries had been received, and the 15 winning posters
would be printed as the color pages in the 1989 Community
Calendar. He added that prior to this Council meeting,
Prudential Hampton Real Estate had hosted a pizza party
for the winning students. He introduced Mr. Bill Powers,
President of Palm Desert National Bank, who presented
medallions to the winners as follows:
Brad Allen, Jackie Becker, Luis Flores, April Jackson,
Joshua Jacobson, Ellie Runyan, and Matt Shardy - Palm
Desert High School
Brandon Batt, Rheaghan Clay, Jimmy Hundley, Toni Kurtik,
Nicole Pelletier, and Christy Thompson - Lincoln School
Eric Olson - Washington School
Laura Williams - Palm Desert Middle School
Mayor Wilson added that as part of the birthday celebration,
the Council had named eight outstanding pioneers who had given
much of their lives to the Palm Desert community. He said one
of those selected, Mr. Bill Monday, was not able to attend the
celebration but was going to try to attend this Council
meeting. For some reason, he could not do so, and Mayor Wilson
18
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PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
• * • • • * • * • • • • * • • * • • • • • • • • •
publicly recognized his contributions to the community since
long before the City was incorporated.
8. CONSIDERATION OF APPOINTMENTS TO THE CIVIC ARTS COMMITTEE
TO FILL UNEXPIRED TERMS OF MEMBERS WHO HAVE RESIGNED.
Councilman Kelly nominated Ms. Evelyn M. Bennett and Ms.
Andrea vonMilbacher-Kohl. Nomination was seconded by
Snyder.
Councilmember Benson moved that the nominations be closed and
that a unanimous ballot be cast appointing Ms. Evelyn Bennett and Ms.
Andrea vonMilbacher-Kohl to the Civic Arts Committee. Council concurred.
XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF FORMATION OF PROPOSED UNDERGROUNDING
ASSESSMENT DISTRICT NO. 88-1 (Continued from the meetings
of August 11, September 8, and October 27, 1988).
Mayor Wilson noted that this was a continued public hearing and
called upon the City Clerk for proofs of mailing, posting, and
publishing of the Notice of Improvement and Notice of
Undergrounding Work.
Mrs. Gilligan stated that the City Clerk's Office had
caused mailings to be made and had received certificates
of mailing back from the Post Office that the addressees
had received them. She said her office had also caused
notices to be both posted and published and that the
notices were on file in her office.
Mayor Wilson called on staff for a brief summary of the
modified engineer's report.
Mr. Pat Conlon, Director of Building & Safety, reviewed
said report (on file and of record in the City Clerk's
Office).
Mayor Wilson asked for a summary of all written objections or
protests filed, received, read, and considered.
Mr. Conlon reported that prior to this meeting, only one
protest had been received, and that was from Save Most
Desert Rancho, Ltd., owner of property on Cook Street. He
said he had also just received a letter of protest from
the attorney representing Save Most Desert Rancho, Ltd.,
and a letter of protest from Cook Corporate Center, a
19
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
# * * * * # * * # # * * * * * * * * * * * * * #
General Partnership, signed by Greystone Properties
(attached hereto and made a part hereof as Exhibit "A").
Mayor Wilson invited questions, comments, protests, or
objections from the audience.
MR. ROBERT WISH, one of the owners of Save Most Self -
Storage, addressed the Council in "vehement protest" or
being included in this assessment district. He said when
purchasing the property, no mention was ever made by the
former owner or the City when obtaining an occupancy
permit that anything like this was going to happen, and
nothing showed up on the title policy. He said the City
had a development agreement with the former owner, which
he had subsequently found out about and which included the
undergrounding of utilities, and he felt the City was not
enforcing this development agreement. He added that he
felt the assessment district was a violation of law and
that he had no other option but to use the maximum legal
means available to resist being included in it.
MS. WENDY WILES, Bowie, Arneson, Kadi & Dixon, 4920 Campus
Drive, Suite A, Newport Beach, spoke as attorney for Save
Most Desert Rancho, Ltd., and reviewed the letter of
opposition submitted and attached as Exhibit "A". She
asked that this written opposition be reviewed by the
Council prior to any action being taken at the hearing.
She added that she felt the proceedings were invalid and
requested they be terminated and that no further action be
taken to levy the assessment.
MR. JOHN BROWN, Best, Best & Krieger, 3750 University
Avenue, Riverside, spoke as legal counsel for the City and
said he felt the proceedings had been conducted completely
in accordance with the 1913 Act. He said that during Ms.
Wiles' testimony, no mention had been made of the fact
that the improvements are already in and were, in fact
benefitting this particular property owner. He said it
was his opinion that the objections raised did not take
into consideration the fact that this is a very old law
and that the provisions had been utilized for years in a
manner where the City has adopted a custom or practice.
In response to Ms. Wiles' statement in her letter and at
the meeting relative to Resolution No. 88-83 not being
properly adopted, he said it was not unusual for the City
Clerk to cause the certification to be undertaken by a
member of City staff who is in a position to verify
ownership, etc. He added that the cost estimates did not
20
MINUTES
PALM DESERT CITY COUNCIL MEETING
DECEMBER 8, 1988
take into account any of the considerable costs involved
such as staff time, and were assessed on the basis of the
actual costs incurred by the utilities. He concluded his
remarks by stating .that he felt the City had gone out of
its way to comply with requirements of the California
Health and Safety Code. He said the protests lodged by
Save Most and Cook Corporate Center did not constitute a
majority protest, and he recommended that the Council
adopt the resolutions presented as part of the agenda
packet if it wished to continue with the proceedings.
Mayor Wilson declared the public hearing closed and asked for
Council comments. None were offered.
Councilman Kelly moved to waive further reading and adopt
Resolution No. 88-155, approving the modified engineer's report. Motion
was seconded by Benson and carried by unanimous vote of the Council.
Councilmember Benson moved to waive further reading and adopt
Resolution No. 88-156, adopting and ratifying agreements for conversion
of overhead to underground facilities submitted by Southern California
Edison on behalf of Assessment District No. 88-1. Motion was seconded by
Kelly and carried by unanimous vote of the Council.
Councilman Snyder moved to waive further reading and adopt
Resolution No. 88-157, modifying assessment, confirming assessment as
modified, and ordering conversion of overhead to underground facilities.
Motion was seconded by Benson and carried by unanimous vote of the
Council.
B. REQUEST FOR ABANDONMENT OF PEDESTRIAN EASEMENT -- SANTA
ROSA WAY AT MONTEREY AVENUE.
Mr. Folkers reviewed the staff report and offered to
answer any questions.
Mayor Wilson stated that Mayor Pro-Tem Crites had
previously asked that staff mail notices of this hearing
to homeowners two blocks away. He asked if this had been
done, and Mr. Joe Gaugush, Senior Engineer, confirmed that
notices had been sent.
Mayor Wilson declared the public hearing open and invited
testimony in FAVOR of this request.
MR. ART MOSS, 44-100 Monterey Avenue, Palm Desert, stated
that he had requested this abandonment and verified that
21
MINUTES
PALM DESERT CITY COUNCIL MEETING
i * ■ i # * * # * * * *
DECEMBER 8, 1988
the Council had received it the agenda packets copies of
two letters submitted in favor.
With no further testimony offered, Mayor Wilson declared the
public hearing closed.
Councilman Snyder said he felt this was something that was
necessary and moved to waive further reading and adopt Resolution No. 88-
152, vacating the pedestrian easement as identified in Exhibits "A" and
"B" of said resolution. Motion was seconded by Benson and carried by
unanimous vote of the Council.
C. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
DECISION DENYING A CONDITIONAL USE PERMIT TO ALLOW THE USE
OF A 750-SQ. FT. SPACE WITHIN A COMMERCIAL COMPLEX AT 73-
241 HIGHWAY 111 AS A PROFESSIONAL CAREER COLLEGE
CLASSROOM.
Mr. Diaz reviewed the staff report and recommendation that
the Council affirm the Planning Commission's decision.
Mayor Wilson declared the public hearing open and invited
testimony in FAVOR of this request.
MS. LORETTA COLLINS, 73-260 El Paseo, spoke as director of
Professional Career College and said she was not aware of
complaints as discussed in the staff report. She said
they had made some changes trying to assist their
neighbors and take care of parking problems, such as
stopping night classes and keeping enrollment down to 177
until approximately March. She said she hoped their new
building in the Cook Street Business Park would be
completed before the end of the year. She showed some
pictures that she said had been taken randomly during the
day depicting the parking situation (on file and of record
in the City Clerk's office). She asked that the Council
approve the appeal.
With no further testimony offered, Mayor Wilson declared the
public hearing closed.
Council Comments/Questions:
Snyder: Had received complaints from people adjacent to the
College, and now that Christmas is approaching, merchants want
parking available for their shoppers.
22
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
ft * * * * * * * * * * * * * # * * * 1 * * * *
Kelly: Thought businesses had to obtain conditional use
permits prior to obtaining a business license to operate, yet
this business was already in place. Mr. Diaz agreed that this
should have had a conditional use permit prior to operation.
He said the procedures had been changed to catch these
situations in the future.
Benson: If this is not approved, would the College still be
able to stay until the new building is completed? Mr. Diaz
responded that they would not be allowed to do so unless the
Council wished to allow them to continue until such time as
they are able to move their facilities.
Kelly: Asked for clarification of staff's recommendation. Mr.
Diaz responded that staff was recommending that they Council
deny the conditional use permit that the College should have
had some time in the past and adopt the resolution affirming
the Planning Commission's decision and instructing the operator
of the school to cease this use in 56 days. Councilman Kelly
stated he felt since the City had been negligent in this
matter, the Council would be remiss in its responsibility if it
did not give the College an opportunity to get moved into its
new building.
Councilman Kelly moved to: 1) Waive further reading and adopt
Resolution No. 88-153, affirming the Planning Commission decision and
denying the appeal; and 2) Allow the Professional Career College to
operate for a maximum of eight weeks or until such time as they are able
to move into their new facilities, whichever occurs first. Motion was
seconded by Benson.
After additional discussion, Councilman Kelly agreed to amend
his motion to direct staff to work with the College for a period not to
exceed eight weeks, which is the date anticipated for the College to move
into its new quarters, provided the College will work with the City by
encouraging students to park on the side street for this period of time.
Councilmember Benson agreed to amend her second. Motion carried by
unanimous vote of the Council.
D. CONSIDERATION OF A RESOLUTION OF NECESSITY FOR THE
ACQUISITION OF AN EASEMENT RELATED TO ASSESSMENT DISTRICT
NO. 87-1.
Mr. Folkers reviewed the staff report, noting that all
easements had been acquired for this assessment district
except one. He said staff had made an offer of just
compensation to the property owner and had attempted to
23
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
* * * * * * * * * * * * * * * * * * * * * * * * *
negotiate with the owner but had thus far been unable to
acquire the property.
Mayor W i l son declared the pub 1 i c hearing open and invited
testimony in FAVOR of or OPPOSED to this assessment district.
MR. JACK BLUME spoke as the owner of Assessor's Parcel
#625-061-020 at the corner of El Cortez and Santa Ynez and
said that he and his wife had kept this lot for their
retirement, and if the City took the 15 foot sewer
easement on his property, he would not be able to build
the home he had planned. He said he had been offered
$4,500 for the easement and did not feel it was a fair and
just remuneration. He added that there was a ten -foot
easement on the property adjacent to his that was not
being used.
MR. JACK WAITE addressed the Council and said he had the
floor plans for the Blume's house which showed the ten -
foot easement next door. He submitted the plans for
review, noting that they had been changed since the first
of the year as far as location of the house. He added
that a tree would also have to be cut down.
Mr. Folkers stated that Mr. Blume had looked at the 12
City -owned lots in an attempt to possibly make an exchange
of property but had sent a letter to the City rejecting
them. He said the City still had the option of asking him
to look at them again. A second option would be to begin
eminent domain proceedings, and a third option would be
for the City to purchase the lot.
Mr. Blume responded that he would be happy to look at the
lots again; however, he said he felt none of them compared
with the lot he would be giving up.
Councilman Kelly said the problem was that the project
could be reengineered, and the City could not complete it
without the easement. He said Council was trying to find
a way to be fair to the property owner and still complete
the project.
Mr. Blume said he would be in the area the first of the
week and would be happy to look at the 12 lots again. He
added that he would be willing to give up part of his lot
at no monetary value if the City would take part of the
adjacent lot, which has ten feet. He said he felt all
that would need to be done would be to remove the fence.
24
MINUTES
PALM DESERT CITY COUNCIL MEETING
I *
DECEMBER 8, 1988
• • * * * * • * * * * * * • • * * * • * * * * *
Mr. Folkers stated that there was a 42-inch storm drain
going in the 10-foot section, with a sanitary line going
in the 15-foot section.
Mayor Wilson declared the public hearing closed.
Councilman Snyder moved to: 1) Waive further reading and adopt
Resolution No. 88-154, declaring certain real property necessary for
public purposes and authorizing the acquisition thereof; and 2) Direct
staff to try to work out another alternative, such as a lot change, but
to move forward with this process if something cannot be worked out.
Motion was seconded by Wilson and carried by unanimous vote of the
Council.
E. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT WITH
BEACHSTONE JOINT VENTURE LTD. IMPLEMENTING PREVIOUS
COMMITMENTS TO REDUCE THE PROJECT DENSITY OF THE BELLA
VISTA PROJECT LOCATED WEST OF HIGHWAY 74, SOUTHWEST OF THE
CITY LIMITS.
Mr. Diaz reviewed the staff report, noting that the
development agreement reflected the reduction of total
dwelling units by 200 and the increase of hotel rooms by
25. He said the City would receive a total of 350 acres
of hillside open space and, in addition, would receive
five acres of potential recreational area. The only
proviso on the five acres is that it can be moved if a
development plan comes in for that area that is
satisfactory to the City. He said that public hearings
would be held on the development plans for each of the
"bubbles" to assure that when the areas are developed, it
will be done properly and will reflect what the City wants
as far as the quality. He said one person spoke at the
Planning Commission public hearing and that staff felt her
concerns could be mitigated. He recommended that Council
affirm the Planning Commission recommendation and pass the
ordinance to second reading.
Mayor Wilson stated that Mayor Pro-Tem Crites had passed
along several concerns that he wished addressed by staff:
1)
The development agreement lists various uses for the
350 acres of open space, including golf cart paths,
etc. Felt the open space should be renamed "virgin
open space" and that no use be approved for that
area. Asked whether this was within the control of
the City as far as what goes in there.
25
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
* * * * * ■ ■ * * * * * * * f * * * * * • * * * *
Mr. Diaz responded that, yes, the City could control
the uses. The applicant could request a specific
use, and the City could either approve or deny that
request.
2) There are trails in and around this project; will
public access be made available through the project
so those who use the trails can continue to do so?
Mr. Diaz responded that the access would have to be
worked out. It is private property and perhaps some
easements could be worked out. He said he felt the
developer should be advised that the City would want
some access easements to the trai Is as the
development plans come in.
3) Agreement shows that maximum hotel rooms is 325 but
may be exceeded only by a corresponding 1-1 reduction
of residential dwelling units. Concerned that the
City could end up with a very large hotel and asked
that some type of limit be placed for the total
number of hotel rooms that could be built on the
site.
4) Concerned with height limitation on the hotel.
Should be 1 i mi ted the same as the overa l i height
limitation of the project, which is two-story.
Mayor Wilson declared the public hearing open and invited
testimony in FAVOR of this request.
MR. TOM CLARK, attorney for the applicant, stated that he
concurred with staff's report.
MR. ROBERT BERTRAND, 700 North Palm Canyon Drive, Palm
Springs, spoke as owner of a five -acre parcel near the
proposed project. He said he also owned 54 acres in the
adjacent cove in the Cahuilla Hills area. He said he felt
the City would benefit by this development and that it
made more sense from an ecological aspect to build in the
hillsides rather than in the flat, sandy area.
Mayor Wilson invited testimony in OPPOSITION to this request.
MRS. ANNE COOPER, 71-750 Cahuilla Way, addressed the
Council and asked that her concerns be integrated into the
development plan for this project. She said her main
26
1
MINUTES
PALM DESERT CITY COUNCIL MEETING
DECEMBER 8, 1988
• r f n ■ a t ; s ■ • * s ■ a s ■ 1 s f s a • :
concern was the high density of bubble #7 and that she
understood this was the last time the density could be
changed; she asked that it be moved somewhere else. She
also distributed copies of items she wished to have
incorporated into the development plan (attached hereto
and made a part hereof as Exhibit "B").
Mayor Wilson invited REBUTTAL from the applicant.
MR. DICK ROMELA, 1300 Dove Street, Newport Beach, asked to
respond to Mayor Pro-Tem Crites' concerns. As far as the
issue of open space, if this land is dedicated to the
City, it will belong to the City, and the Council can do
with it what it wants. However, there would be other open
space within the development, and he said the development
agreement would have regulations as to what would happen
to those areas. As far as access roads For pedestrian
use, he said this would be a private, gate guarded
community. He said he would not want to deny anyone
access to the trails and that there was access on the
south where the flood control channel is. As far as
limiting the number of hotel rooms, he said he could
understand Mayor Pro-Tem Crites' concern. He said the
height limitation was already taken care of and that the
two-story limitation was in the agreement.
Mr. Diaz verified that there was a two-story maximum
height limitation throughout the project.
Mr. Romela addressed concerns raised by Mrs. Cooper as
follows:
- As far as her request for a 250-foot setback for any
buildings and structures, etc. from her property
lines, he said there was nothing in the area near her
property that is not within the city codes and that
he was going beyond the City's requirements.
- He said although there are four ways to get to her
property, Mrs. Cooper has been driving the one that
goes through the Rancho Bella Vista property. He
said Mr. Grazadio, owner of the Bella Vista property,
had agreed to build her road for her and could only
do that up to the limitations of the County of
Riverside development standards. Only the County can
determine how it will be built.
27
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
• • • * * * * * * * * • * * * * • * * * • • * *
- As far as Mrs. Cooper's concerns with grading of
lots, he said that would be determined by the County.
- He said he agreed with Mrs. Cooper's lighting
concerns and said it would be dealt with in the site
plan review process as plans are brought to the City.
Mr. Romela added that Mrs. Cooper had also requested an
agreement to provide full family membership to her and her
children for life to the golf course, and he said this was
something that he could not agree to.
MR. LOUIS GRAZADIO, 1650 S. Pacific Coast Highway, Redondo
Beach, said he had tried to be very responsive to Mrs.
Cooper but that she had cancelled several meetings and
rescheduled some and not shown up for others. He added
that every one of her calls had always been returned.
Mrs. Cooper agreed that she had cancelled one meeting' with
Mr. Romela. She added that as far as membership in the
golf course, a lot of her developer friends had suggested
that this be done.
Mayor Wilson declared the public hearing closed.
Councilmember Benson questioned the provision allowing
additional hotel rooms with a 1-1 corresponding reduction
in residential dwelling units.
Mr. Diaz responded that staff felt it would be better to
have this 1-1 ratio. He said the original agreement had a
2-1 ratio, with reduction of one residential unit for
every two hotel rooms added. Now it is one residential
unit for each hotel room added. He said the applicant had
indicated he would not have any problem with a 325 room
limit.
Mayor Wilson asked if the applicant would have any objection to
deleting the last sentence of Item #12 on page 3 of the
development agreement. He reopened the public hearing.
Mr. Tom Clark said the applicant would agree to changing
the condition to reflect "a maximum of 325 hotel rooms -
however, the City Council may approve a 1-1 ratio at its
discretion:"
Upon question by Councilmember Benson relative to the
density in bubble #7, Mr. Diaz responded that the area was
28
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
* * * * * * * * * * * * * * * * * * * * * a * * *
1
17.5 acres of the overall site, with a maximum of 122
dwelling units. He said staff did not think there was a
better place to have that density and would not recommend
moving it to another area.
Councilman Snyder said he felt after going over and over
this development, the City finally had something that was
reasonable and proper.
Mayor Wilson asked if staff had had an opportunity to
consider ways to circumvent the gated community and
provide access to the trails. Mr. Diaz responded that
staff believed the current access to the trails from the
public streets was adequate. He added that as part of the
2000 Committee's discussion of park and open space, one of
the concerns was identifying these trails and having them
easily gotten to. He said the Committee felt at that time
that attention should not be called to these trails and
that there was adequate access at the north and south. He
said the City could try to acquire access easements from
the developer but felt it would be unreasonable t.o do so
because it was not required of Ironwood or The Vintage.
In response to Mayor Wilson's question regarding Mrs.
Cooper's concern with the 250-foot setback and wanting
assurance that houses will not be built on the other side
of the golf course near her, Mr. Diaz responded that the
City would be reviewing development plans as they come in,
and any impacts would have to be mitigated.
Mayor Wilson said he had always been opposed to a hotel in
this area and had always thought of the area as a cul-de-
sac, with one way in and one way out. He asked how many
employees there would be, how many restaurants in the
hotel, what would be a reasonable traffic count of
employee vehicles, and amount of commercial space in the
hotel.
Mr. Diaz responded that there would probably be an average
of one employee per room, including the restaurant, or
approximately 325 employees. As far as vehicles, he
estimated 8-12 trips per day generated by the hotel. He
added that the number of restaurants and available
commercial space would be part of the development plan
ro" i aw rrnr'o4 C
29
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
a ; . * . . . a * . . a • * * . ■ s a • . s
Mayor Wilson asked if that would mean a potential of 3,900
vehicle trips per day for the hotel , and Mr. Diaz
responded in the affirmative.
Councilman Snyder moved to: 1) By Minute Motion, adopt the
findings; and 2) Waive further reading and pass Ordinance No. 564 to
second reading, approving a development agreement specifying terms and
conditions of a master plan of development for the Villages of Bella
Vista. Motion was seconded by Kelly and carried by a 3-1 vote, with
Mayor Wilson voting NO.
Mayor Wilson explained that his negative vote was because
he was opposed to a hotel at this location.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Mayor Wilson noted that this would be the last meeting attended
by Mr. Warner as Economic Development Director, since he was
going into private business. He thanked him for his
outstanding service to the City and said the Council would
welcome his attendance at all future meetings.
The Council discussed the possibility of cancelling the
December 22nd meeting and directed the City Manager to do so unless items
arose requiring Council action prior to the January 12, 1989, meeting.
Upon motion by Benson, second by Snyder, and unanimous vote of
the Council, Mayor Wilson adjourned the meeting at 9:55 p.m.
ATTEST:
n
_ /.(2
SHEILA R. G
CITY OF PAL
IGAN, CITY CLERK
DESERT, C IFORNIA
S.
ON, MAYOR
30
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
• • • * • • • * • • • * • * • • • • • • • * • • •
EXHIBIT "A"
PROTEST TO ASSESSMENT DISTRICT
/2'%
Cook Corporate Center, a General Partnership ("Cook"),
is the current owner of the real property located at 41-555
Cook Street in the City of Palm Desert, California and known
as Assessor Parcel No. 624-290-001.
We have been informed that the City of Palm Desert is
in the process of forming Assessment District No. 88-1 to
underground utilities along Cook Street, Fred Waring Drive,
Portola Avenue and San Jacinto Avenue, all within the City
of Palm Desert, California.
On July 11, 1988 , and November 10, 1988 Cook
paid the City of Palm Desert the sums of $ 4.i,4a1,44
and $ 43,481.44 for undergrounding of utilities, which
was required by the City of Palm Desert as a condition for
development approval. The undergrounding of utilities has
already occurred in front of our real property and was
completed on Approx. 6/88 .
We do not want to be included in Assessment District
No. 88-1 and protest any assessment on our property.
Dated: December 2, 1988
COOK CORPORATE CENTER, A
General Partnership
aVle y.S 61.44 401, r
By: E." (get. /g 7Zrar
Its: 1.-
31
MINUTES DECEMBER 8, 1988
PALM DESERT CITY COUNCIL MEETING
• • • * • • • * • • • • • • • • • • • • • • • • •
EXHIBIT "A"
BOWIE, ARNESON, KADI & DIXON
A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
ALEXANDER BOWIE'
JOAN C. ARNESON
TERRY E. DIXON
WILLIAM J. KADI
WENDY H. WILES
PATRICIA B. GIANNONE
ROBERT E. ANSLOW
CAROL J. GRAHAM
KENNETH R. WEISS
TAMARA A. TRODDEN
•A pporCSSIONAL CORPORATION
4920 CAMPUS DRIVE, SUITE A
NEWPORT BEACH, CALIFORNIA 92660
AREA CODE 714
TELEPHONE B51-1300
FAX 17141 851-2014
December 8, 1988
City Council of the City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Re: Protest to Assessment District No. 88-1
REF. OUR FILE
Dear Honorable Mayor and City Council Members:
By way of introduction, this firm is legal counsel for Save -
Most Desert Rancho, Ltd. ("Save -Most"), the owners of Assessor's
Parcel No. 624-290-036. Save -Most is the record owner of property
which has been designated by the City of Palm Desert as Parcel No.
4 in Assessment District No. 88-1. We have been requested by
Save -Most to submit this protest on behalf of Save -Most in
opposition to the formation of Assessment District No. 88-1 and
any assessment on property owned by Save -Most.
Assessment District No. 88-1 is being formed pursuant to the
Municipal Improvement Act of 1913 and the provisions of Chapter
28, Part 3, Division 7 of the Streets and Highways Code. However,
the City of Palm Desert has not complied either with the letter or
intent of the Streets and Highways Code which permits the
formation of Assessment Districts.
Streets and Highways Code Section 5896.5 sets forth two
methods for initiating proceedings for the conversion of overhead
electric communication facilities to underground locations. Such
conversion may be initiated either by a petition or a
determination by the legislative body.
In order to convert overhead facilities to underground
facilities pursuant to Chapter 28, Part 3, Division 7 of the
Streets and Highways Code, pursuant to a petition, it is necessary
that the petition be signed by not less than 5 owners of
assessable land in the proposed assessment district which owners
own land constituting more than one half of the area of all
assessable lands within the proposed Assessment District (Streets
and Highways Code Section 5896.6). Although the City has a
petition which contains the signatures of five property owners
32
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
• • ! • • • • • • • • • • • • • • • • • • • • • •
EXHIBIT "A"
BOWIE. ARNESON. KADI & DIXON
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
City Council of the City of Palm Desert
December 8, 1988
Page 2
within the proposed assessment district, the petition was not
initiated by the homeowners, but rather, was requested by the
City.
Recently, we completed the deposition of Mr. Patrick Conlon,
Superintendent of Streets for the proposed Assessment District No.
88-1. Mr. Conlon has admitted that he contacted each of the
property owners and requested that they sign a petition to form
the Assessment District for the City. Moreover, Mr. Conlon has
admitted that none of the property owners contacted the City to
request that an assessment district be formed on their behalf.
Such conduct, clearly violates the intent of Streets and Highways
Code Section 5896.5(a), which authorizes property owners to
request formation of an assessment district on their own behalf.
It is clear that Assessment District No. 88-1 is an
assessment district which was conceived of by the City, for the
City, and for the purpose of trying to force Save -Most into paying
for undergrounding of utilities which it does not otherwise have
responsibility for. The City's proposed assessment district is in
reality a decision by the City to "initiate proceedings" and
pursuant to Streets and Highways Code Section 5896.5 must include
a determination by the City that the City or its public utility
has voluntarily agreed to pay over fifty percent of all costs of
conversion, excluding costs of user's connections to underground
electric or communication facilities.
Aside from the violations of the purpose and intent of
Chapter 28, Part 3, Division 7 of the Streets and Highways Code,
there are many procedural defects in the formation of the
assessment district which would render the Assessment District
void. Firstly, the petition has not been signed by owners of
assessable land in the proposed Assessment District who own more
than one half of the area of all assessable lands within the
proposed Assessment District. Each of the owners who signed the
petition had a condition proposed upon their particular project
which required the payment of fees for undergrounding of utilities
and in fact, Marriott Corporation had already undertaken
construction of undergrounding of utilities on their property.
Similarly, other property owners had already made payments for the
fees for undergrounding of utilities or the utility work had been
commenced or completed.
Resolution No. 88-83 was improperly adopted by the City
Council on July 14, 1988, due to the fact that the City Clerk, Ms.
Sheila Gilligan, (as admitted in her deposition) admits that she
33
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
EXHIBIT ",A"
BOWIE, ARNESON, KADI & DIXON
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
City Council of the City of Palm Desert
December 8, 1988
Page 3
did not, herself, certify that the petition presented to the City
Council was signed by not less than five owners of assessable land
in the proposed Assessment District; admits that she has not,
herself, certified that the petition contains the signatures of
owners owning more than sixty percent of the property of the
assessable area subject to assessment for the proposed works of
improvement; and admits that she has not, herself, certified that
the petition presented complies with the requirements of Sections
2804 and 5896.6 of the Streets and Highways Code. Ms. Gilligan
has testified that her certification was based on the Interoffice
Memorandum dated July 14, 1988 which was submitted to the City
Council by Mr. Richard Folkers and Mr. Patrick Conlon. However,
it is clear from a review of the Interoffice Memorandum that there
is no indication of the amount of land or linear feet included
with respect to the Marriott Corporation or Phases Two and Three
of the proposed Assessment District and therefore the
certifications which the Resolution indicates were made by the
City Clerk have not, in fact, been made. Accordingly, Resolution
No. 88-83 is defective and all future proceedings which clearly
rely on Resolution No. 88-83 are invalid.
Having reviewed all of the documentation provided to our
firm, it is clear that the City is attempting to include Phases
Two and Three in Assessment District No. 88-1 for purposes of
securing the requisite "number" of signatures, without complying
with all of the requirements for formation of an assessment
district. Plans and specifications for Phases Two and Three have
not been completed and therefore, the engineer's report is
incomplete and in violation of Streets and Highways Code Section
10204.
Resolution No. 88-89 is also defective. Resolution No. 88-89
is the resolution declaring the intention to order the
construction of certain improvements for Assessment District No.
88-1. Since the City has not even received completed plans and
specifications for Phases Two and Three, it would be impossible
for the City to have determined that public interest, convenience
and necessity require that the improvements be installed.
Further, since plans and specifications for Phases Two and Three
have not been completed, a proper protest hearing could not be
held since Phases Two and Three would not have an opportunity to
protest improvements are proposed. Resolution No. 88-89 also
provides that it is the intention of the City Council to enter
into an agreement with Southern California Edison Company to
provide for the conversion of overhead electric and communication
facilities to underground locations. However, the facts disclose
34
MINUTES QECEMBER 8, 1988
PALM DESERT CITY COUNCIL MEETING
• • • a • • • * * • * * * • * * • • * • * * • * *
EXHIBIT "A"
BOWIE. ARNESON. RADI & DIXON
A PARTNER5MIP INCLUDING PROFESSIONAL CORPORATIONS
City Council of the City of Palm Desert
December 8, 1988
Page 4
that Southern California Edison had already begun undergrounding
of utilities within Assessment District No. 88-1 well in advance
of the City's July 14, 1988 meeting and, in fact, the City had
already guaranteed payment to Southern California Edison Company
for such work. Such action violates Streets and Highways Code
Section 10200 which provides that before ordering any improvement
which is authorized by this division to be made, the legislative
body shall adopt a Resolution declaring its intention to do so and
that the Resolution must also contain specific information
regarding the proposed Assessment District.
We also learned that the Notice of Improvement which was
posted on the proper owner's property contains inaccuracies and
has not provided property notice to the property owners within the
assessment district. Mr. Conlon has testified at his deposition
that he posted copies of the Notice of Improvement on each of the
property owner's parcels of property advising the property owners
of the protest hearing on September 8, 1988. However, Mr.
Conlon's photographs of the Notice of Improvement (showing it
posted on the properties) were taken July 21, 1988, and the Notice
of Improvement contains a date of July 22, 1988. Additionally,
the Notice of Improvement has been revised and a new Notice of
Improvement which bears a date of November 2, 1988, has not been
posted on the property of the property owners.
The Notice of Improvement also does not contain the amount to
be assessed against each particular parcel covered by the Notice.
Mr. Conlon has testified that he has received estimates from the
utility companies, however, the review of the estimates clearly
shows that the estimates are subject to change or revisions and
are not firm. It is obvious then that the City cannot determine
the amount which will be assessed against a particular project at
this stage of the proceedings.
Save -Most also protests the amounts which have been assessed,
or are proposed to be assessed against their property. There is
no indication as to how the proposed assessment of $168,808.62 was
arrived at or what costs and expenses have been included in the
assessment. Accordingly, Save -Most also protests this Assessment
District on the grounds that the assessment includes costs and
expenses which are not properly authorized to be included within
the assessment and/or includes costs and expenses for work which
is neither necessary nor appropriate as part of the Assessment
District.
35
MINUTES
PALM DESERT CITY COUNCIL MEETING
• • • • • • • • • • • •
DECEMBER 8, 1988
• • • • • • a a • a a a a
EXHIBIT "A
BOWIE, ARNESON, KADI & DIXON
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
City Council of the City of Palm Desert
December 8, 1988
Page 5
Assessment District No. 88-1 is also in violation of Streets
and Highways Code Section 5896.14. Streets and Highways Code
Section 5896.14 requires that the construction, reconstruction,
relocation or conversion of electric or communication facilities
be undertaken by the owner of the lot or parcel in the assessment
district at the owner's expense. The conversion work may be done
by the contractor, or the public utility, public agency or city
performing a conversion work, provided, that the owner executes a
written request and file such request with the clerk. The first
notice which Save -Most was given, advised Save -Most of the
advanced stage of the construction of the undergrounding
facilities and demanded that payment be made directly to Southern
California Edison. This is clearly in violation of Section
5896.14 of the Streets and Highways Code.
Lastly, it is clear that the City's conduct in attempting to
form Assessment District No. 88-1 is to force Save -Most to pay for
undergrounding of utilities which was an obligation of the prior
owner of the property, Mr. Marshall Morgan. The City had security
for payment for the undergrounding of utilities and through its
own negligence, released such security. The City's attempt to
form Assessment District No. 88-1 is for the purpose of correcting
its own negligence and the City should bear responsibility for its
own conduct.
The City's continued formation of Assessment District No.
88-1 is an abuse of discretion and is clearly in violation of the
Streets and Highways Code Sections of the State of California.
Accordingly, we hereby request that all proceedings for the
formation of Assessment District No. 88-1 be terminated and no
further action be taken in this matter. Continued formation of
the Assessment District or any assessment, will be opposed and, if
necessary, court precedings will be initiated.
36
MINUTES DECEMBER 8, 1988
PALM DESERT CITY COUNCIL MEETING
• • • • * * • • • • • • • • • a • * * • • • • • r
EXHIBIT "A"
BOWIE, ARNESON. KADI & DIXON
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
City Council of the City of Palm Desert
December 8, 1988
Page 6
Should you have any questions or require additional
information regarding this protest, we will be pleased to provide
such information at the protest hearing.
Very truly yours,
BOWIE, ARNESON, KADI & DIXON
Wendy H. W les
WHW:lo
We have reviewed the enclosed protest letter submitted by our
attorney and request that this protest letter be submitted on our
behalf as general partners of the partnership which is the owner
of the above -referenced property.
--Robert Wish - Chuck Ka inskas '
37
MINUTES
PALM DESERT CITY COUNCIL MEETING
DECEMBER 8, 1988
* * • • • * * * * * * * * * * * * * * • • * * * *
i
EXHIBIT "6"
Exhibit A-1
COOPER
71750 CAI4UIL-LA. Wy
/ IVOh.
NEW AREA
AROUND
AN1-1 C OOP Eta 1 ore-1,-71ES
CAN VILLA I II-t-S LA
gOAL LkNoul- CC)SJ 1t) J:rC1"
wt-rN 6 1.0. /IS -TA o
PAv�P
__,; - Te//,` & /ncl/ca4r GG!-ea �4p x/n4.;lz>
4. LLth € / j , C/Ir � Ee_4 /4, vLJ � ✓
�2 i eknJSLtu cG
/true% u‘e 2i„ mod'
6;OOPEIZ $ROPErzry 38
)6" I LlCif/iar1, ' cts J
cny
MINUTES
PALM DESERT CITY COUNCIL MEETING
* f f • * • i • i i *
Exhibit B
DECEMBER 8, 1988
• s ■ • a a * • a • . a . •
EXHIBIT "8"
1. There shall be a 250 foot setback for any buildings
or structures or roads or maintainance compounds, mechanical
equipment or unsightly structures from Ann Cady Cooper's
property lines.
2. Nothing, not tall trees, large bushes or other obstacles
shall obstruct the present views the Cooper properties enjoy.
Low growing plants or plants agreed upon by Ann Cady Cooper
shall be used.
3. Condos, homes and buildings within 400 feet of Ann Cady
Cooper's property lines shall be no more than one story tall.
4. Buckhorn Trail shall not be used for ingress and egress
for any reason to Rancho Bella Vista property.
5. Work or improvements done to Ann Cady Cooper's property
shall be completed when the present road located on Rancho
Bella Vista property which she has been driving over for 20
years or more (see photo) becomes planted or is otherwise
impassable to her. The new paved roads and turn around on
Cooper's property shall be constructed at the risk and expense
of Beachstone Joint Venture/Rancho Bella Vista or their
successors in interest and shall follow the basic guidelines
as shown in Exhibit A-1 and number 6 of this page. 0r this
agreed upon work shall be completed at the request of Ann
Cady Cooper sometime after the Rancho Bella Vista project
has begun.
6. The turn around and other improved areas shall be accomplished
by adding fill dirt, not by lowering or grading the current
elevation. It should conform to the existing highest grade
Ann Cady Cooper shall be present when grading is done.
7. The golf hole and fairway should be sited so that golfers
do not hit balls on to Cooper's properties.
8. Lighting should be unobstrusive with no negative impact on
the natural amiance which Cooper's properties not enjoy.
9. If at a later date it is discovered that persons from
Rancho Bella Vista or golfers or maintainance personel are
tresspassing on to Cooper property, Rancho Bella Vista would
agree to build a wall or satisfactory vegitation barrier that
would insure her privacy and personal and prcperty's safety.
There has never been a robbery or intruder to date.
10. When constructing the road it should be on the property
line or if permitted and if indicated by a title search, be
constructed so that the road be half on Cooper property and
39
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
• • • • • * * * * * * * • * * • • • • • • • • * • •
EXHIBIT "B"
Exhibit B, page 2
half on Rancho Bella Vista's property. Also, if possible
be constructed the length of Cooper's and Schilling's
property lines so to be in keeping with Cahuilla Hills'
traditional codes of homesteacing origin.
11. Tennis courts shall be placed far enough away from
Cooper property so as the batting of ball noise is inaudible.
40
MINUTES
PALM DESERT CITY COUNCIL MEETING DECEMBER 8, 1988
• a • a • • • a • • • • • • • • a • • • • a • • a
EXHIBIT "B"
Exhibit B
addendum to #7
There should be a 100 foot setback for the fairway to
begin from my property so as to insure safety of our
selves and property. I am a golfer and play with friends
who spray golf balls all over. I don't want to get pelted
or injuored or have our peace disturbed. The focus of our
living is out of doors and our safety should be protected.
We have already agreed that there be no buildings on Cooper's
property side of the the fairway.
Density:
Since this is the last time that the density can be moved
from one area to another bubble I am requesting that the
density in bubble 7 next to my property be moved elsewhere
in the project where there is not already established rural
residetial areas. Cahuilla Hills is 1 dwelling per acre
and Bubble 7 is the highest in the project. High density
is not compatible with Cahuilla Hills where there is a very
low density (many one dwelling per 5, 10 or 15 acres)
and a true desert feeling. One member of the planning
commission so aptly described Bella Vista land as the
only jewel left in the desert...I feel this description
applies to Cahuilla Hills and will have more truth in
years to come. So,•I ask that you move the density in
bubble 7 elsewhere and keep low density next to C.H.
so that those of us who have chosen a rural, peaceful
desert setting may continue to live that lifestyle.
Trail:
If any of you have hiked the Shay or Art Smith trail,
which has the trail head on Rancho Bella Vista pro-
perty, you will experience one of the most beautiful
really spectacular hikes in our desert area. That
trailhead should remain accessable.
41