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HomeMy WebLinkAbout1988-02-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 25, 1988 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Benson convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan. City Clerk/Public Info. Officer Carlos L. Ortega, Assistant City Manager/Redevelopment Ramon A. Diaz, Assistant City Manager/Planning Richard Folkers, Assistant City Manager/Public Works Kirby Warner, Assistant City Manager/Economic Development Paul Gibson, Director of Finance Patrick Conlon, Director of Building 8 Safety Frank Allen, Director of Code Compliance Larry McAllister. Administrative Services Officer MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 11, 1988. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WRO110, WR0112, and WR0201. Rec: Approve as presented. C. MINUTES of the Building Board of Appeals and Condemnations Meeting of February 10, 1988. Rec: Approve as presented. D. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Installation of Carpet at the Palm Desert Library (Contract No. 00-269). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of carpet at the Palm Desert Library. E. REQUEST FOR APPROVAL of Change Order No. 1 to BSI Consultants, Inc., Contract for FETSIM Study (Contract No. 00-203). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $8,699 to BSI Consultants, Inc., for the FETSIM Study; and 2) Appropriate an additional $6,283 from the unallocated gas tax fund for Change Order No. 1. F. REQUEST FOR APPROVAL to Release Improvement Security for Conditional Use Permit 14-83 (Flying J, Inc.). Rec: By Minute Motion, authorize the City Clerk to release the Faithful Performance Bond associated with Conditional Use Permit 14-83, Flying J, Inc. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 . . * * . * . . . . . . . . . . . . . G. REQUEST FOR APPROVAL to Release Subdivision Improvement Bonds for Tract 13881-4, Chaparral Country Club. Rec: By Minute Motion, authorize the City Clerk to release the subdivision improvement bonds for Tract 13881-4, Chaparral Country Club. H. REQUEST FOR APPROVAL of Final Map for Tract 22622 (Jobe Construction, Applicant). Rec: Waive further reading 88-15, approving Tract I. REQUEST FOR APPROVAL of Final Development Co, Inc., Applicant). Rec: Waive further reading 88-16, approving Tract and adopt Map 22622. Tract Map and adopt Map 22741. Resolution No. 22741 (Germain Resolution No. J. CONSIDERATION OF REQUEST from Palm Desert High School Dance Team for Financial Assistance. Rec: Refer to Outside Agency Contribution Task Force. K. CONSIDERATION of Letter from Malkah Marcus Regarding FM Station KFAC and its Removal from the Cable by Palmer Cablevision. Rec: Refer to staff for report and recommendation. L. INFORMATIONAL ITEMS: 1. City of Palm Desert's Youth in Government Day - Thursday, March 10, 1988. 2. Letter from Palmer Cablevision Regarding Basic Cable Services Rate Increase. Mayor Benson asked that Item L-2 be removed, Councilman Crites asked that Item E be removed, and City Manager Bruce Altman asked than Item G be removed, all for discussion under. Section IX of the Agenda. Upon motion by Snyder, second by Wilson, the balance of the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • , • • • • • • • • • • • • • • VII. RESOLUTIONS A. RESOLUTION NO. 88-17 - A RESOLUTION OF APPLICATION BY THE CITY OF PALM DESERT REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE CHANGE OF ORGANIZATION KNOWN AS PALM DESERT ANNEXATION NO. 23. Mr. Altman recommended adoption of the proposed resolution. Upon motion by Wilson, second by Snyder, Resolution No. 88-17 was adopted by unanimous vote of the City Council. B. RESOLUTION N0. 88-18 - A RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR THE PORTION OF BURSERA WAY NORTH OF WILLOW STREET TO EDGEHILL DRIVE. Mr. Altman recommended adoption of the proposed resolution. Upon motion by Crites, second by Wilson, Resolution No. 88-18 was adopted by unanimous vote of the City Council. C. RESOLUTION NO. 88-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE LOCAL AGENCY -STATE AGREEMENT #7-84 FOR THE MAGNESIA FALLS BIKEWAY BETWEEN PORTOLA AVENUE AND THE CIVIC CENTER. Mr. Altman recommended adoption of the proposed resolution which would continue the City's bikeway system. Upon motion by Wilson, second by Snyder, Resolution No. 88-19 was adopted by unanimous vote of the City Council. D. RESOLUTION NO. 88-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION 87-115 AND APPROVING NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A MINI MARKET AND GAS STATION TO BE LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 111 AND PORTOLA AVENUE. Mr. Altman stated the resolution before the Council was as directed at the last meeting. Councilman Kelly said he had listened to the tape of the last meeting inasmuch as he had not been there. He 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • registered his disappointment at how the vote came out because he thought after Council had reviewed the station at Deep Canyon and Highway ill and denied an all-night minimart that it was the feeling of the Council that this type of business close to residential areas would not be allowed. He said if he had his way, all the convenience stores would close at midnight. He said he would vote against the resolution as he did not feel the new conditions were significant enough to prevent problems it would create in the future. Councilman Crites stated he felt comfortable with the new conditions inasmuch as if a problem arose with the hours of operation of the minimart, the Council could reconsider its approval in a future public hearing. Upon motion by Wilson, second by Crites, Resolution No. 88-29 was adopted by a 3-2 vote of the Council with Kelly and Benson voting NO. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 531 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE CODE OF THE CITY OF PALM DESERT TO ESTABLISH COMPENSATION FOR MEMBERS OF THE CITY COUNCIL EFFECTIVE MAY 1, 1988. Mr. Erwin stated that the proposed ordinance was in accordance with the Government Code which provides that for cities of certain population, the City Council may establish a salary base of $300 per month per member and that compensation is increased by ordinance amendment 51. each year. He said the proposed ordinance was written in light of the increase provision but noted it contained two minor errors - the effective date should be December 1 instead of May l and the amount should be $45 instead of $30 because it had been almost three years since the original payment had been approved. Councilman Crites asked if there was a particular time that this increase automatically came up, and Mr. Erwin responded there was not. He said he was not sure what triggered this one as he was sure he had not been contacted by any member of the Council to do so. Councilman Kelly said that people in the community who had read about the proposed increase were shocked to learn how 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • * • • • * ►vO. mOt little compensation the Council members received. He said almost everyone who had talked to him about it had indicated their feeling the compensation should be more. Councilman Crites moved to waive further reading and pass Ordinance 531 to second reading. Councilman Kelly seconded the motion, and the ion carried by a 4-0-1 vote with Councilman Wilson ABSTAINING. For Adoption: None IX. CONSENT ITEMS HELD OVER E. REQUEST FOR APPROVAL of Change Order No. 1 to BSI Consultants, Inc., Contract for FETSIM Study (Contract No. 00-203). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $8,699 to BSI Consultants, Inc., for the FETSIM Study; and 2) Appropriate an additional $6,283 from the unallocated gas tax fund for Change Order No. 1. Councilman Crites said he asked for discussion on this item because he had noticed the signal at Parkview and Monterey was traffic actuated once again, and he hoped that this meant the other signals along Fred Waring would soon be changed back to traffic actuated as well. Mr. Folkers responded that this was an accuhate assumption. Councilman Crites moved to approve the recommendation by staff, and Councilman Wilson seconded the motion. Motion carried by unanimous vote. G. REQUEST FOR APPROVAL to Release Subdivision Improvement Bonds for Tract 13881-4, Chaparral Country Club. Rec: By Minute Motion, authorize the City Clerk to release the subdivision improvement bonds for Tract 13881-4, Chaparral Country Club. Mr. Altman requested that this item be continued for two weeks at the request of the City Attorney. Upon motion by Crites, second by Wilson, the item was continued to the meeting of March 10, 1988, by unanimous vote of the Council. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • L. INFORMATIONAL ITEMS: 2. Letter from Palmer Cablevision Regarding Basic Cable Services Rate Increase. Mayor Benson said she had asked that this item be discussed because the letter had stated that Mr. Nazarro would like to make a presentation at this meeting. MR. STUART NAZARRO, General Manager of Palmer Cablevision, addressed the City Council stating it was his company's goal to raise rates only once a year. He said their rate of $12.30/month was still the lowest rate in the valley despite the fact that they have made substantial capital improvements over the last year which had radically Increased the company's operating costs. Programming had been doubled in the last few years and insurance rates had risen by 87%, both of which had also increased costs. He said the rate increase going into effect on March 1st was reasonable and would still leave them in the position of having the lowest rates. Council Comments/Questions: Crites: What authority does the Council have in this request? Is the presentation just a courtesy. Mr. Altman responded Mr. Nazarro was present at Council's request to explain the increase. Kelly: Appreciated the presentation; understood the rate - making process. However, the presentation was worthies; to the Counc i 1 . He said he got more complaints abo,," cable problems than any other service in the City. HP felt the law never intended to deregulate areas like our= where this is no other service for people to opt to, a'. that Palmer's interpretation of the law was a miscarrHa:-' of justice. A;Ked about the citizen committee that was - be formed. Wilson: The r•Dmm i ttee was talked about in regard to - realignment of Channel 8; when that matter was settIP'. its formation w35 dropped. The two people who had app'•••• for it were asked to join the committee formed by cable carrier. Agreed with Kelly that Palmer should • be deregulate,i when they have a monopoly on the busin, in the area. Crites: When People think of a rate increase, they do - - think In terms of the company's fixed costs; they think 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • 4 • • • • • • • • • • • • • • terms of its service level. They remember how many times the service went out when they were watching something, of the fiasco in the realignment of Channel 8, the removal of the classical station, and then they feel the company shouldn't have an increase. He felt that service levels should be considered in any rate adjustment for a more accurate balance. Kelly: Said that the PUC considers service first in rate adjustments and that it "sticks in peoples' craw" when they are told their rates are being raised but they don't have the option of selecting another provider because there isn't one. At the request of Council, Mr. Ortega reported on the item under Old Business dealing with the FCC petition. He said that it had been filed in January, 1987, and soon after, a court decision mandated that the FCC establish guidelines. He said they in the process of making those rulings now, and they should make the City's case even stronger. He said that in order for a company to be exempt from regulation, it would have to provide three signals to at least 75% of the community which is not the case in Palm Desert. He concluded by stating that the City's special attorney in this matter had filed comments supporting this position and the new regulations with the FCC. The attorney had prepared a letter updating the Council but at the last minute, additional information was received from the FCC which had to be evaluated so the letter to Council was delayed. He said it would be to the Council within the next two weeks. Mr. Nazarro said that he respected each Councilman's position, and he hoped that when the issue was resolved at the FCC, it would be a positive resolution for everyone. He thanked the City Council and staff for their professionalism in dealing with them in this matter. He told the Council that the classical station KFAC would be back on the air the first of April and had been off because of the installation of a new microwave which would improve audio on all stations. With regard to the committee of citizens formed, he said it was functioning well. The members were receiving presentations on all areas of service offered by the company so they might offer suggestions or criticisms. Mayor Benson thanked Mr. Nazarro for taking the time to make the presentation to the Council. Councilman Crites moved to receive and file the report from Mr. Ortega concerning the petition filed by the City with the FCC relative to 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • a • • • • • • • • • CVTV deregulation. Councilman Snyder seconded the motion which carried by unanimous vote. X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF REFUNDING BOND ISSUE FOR ASSESSMENT DISTRICT 84-1. Mr. Warner reviewed the staff report noting that this $1.2 reduction was sizable. He noted that the March 2nd date noted in Section 2 of Resolution No. 88-21 should be corrected to read March 29th. Councilman Kelly moved to waive further reading and adopt Resolution No. 88-20, 88-21 as amended, and 88-22. Councilman Wilson seconded the motion which carried by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF MID -YEAR BUDGET ADJUSTMENTS. Mr. Gibson reported that the main change in this budget adjustment was the increase of $623,000 in estimated revenues to the General Fund. Councilman Wilson said he remembered discussing the purchase of a van in budget study session for next year'. budget and was surprised to see it in the mid -year budget revisions. Mr. Altman responded he had asked that it be put in the mid -year revisions as he thought Council might wish to move forward now with the purchase. Councilman W i 1 son said he would l i ke to see the van remover; from the mid -year revisions and considered in next year', budget. The rest of the members concurred. He also inquire, about the increased legal expenses, and Mr. Gibson replied thd- the primary cause was the Indian Wells/Sunterra lawsuit. Councilman Crites moved to waive further reading and adoc- Resolution No. 88-23 amended to delete the purchase of the v,jr.. Councilman Kelly seconded the motion which carried by unanimous vote the Council. C. REQUEST FOR CONSIDERATION OF MID -YEAR PUBLIC wOP- STAFFING ADJUSTMENT. Mr. Altman reviewed the staff report and recommenl- adoption of the resolution. Upon question by Mayor Benson, Mr. Folkers said that tr position had been filled with an entry level and ou:-• 9 MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • * • • • • IF • frankly, t e individual to deal w.'r. the horrena departmer,! a result c,r Were not experienced enough ,;mher of problems facing the itv's growth. Councilman ^ells said tr.a• Nrience in this position was vital. Councilman Crites -mended staff for trying the alternate method of an en,,, evel person first and agreed that it Wdc.. time to uparddr 're position. Upon motion by Crites, second by Sn,ler, Resolution No. 88-24 was yacpted by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF AGREEMENT FOR PALM DESERT REDEVELOPMENT AGENCY TO ADVANCE THE COST OF HIGHWAY 11I WIDENING (CONTRACT NO. 00-270). Councilman Wilson moved to, by Minute Motion, authorize the Mayor to execute the agreement authorizing the Redevelopment Agency to pay for Highway 111 widening costs and provide for a reimbursement mechanism to Agency. Councilman Snyder seconded the motion which carried by unanimous vote of the Council. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF SPEED ZONE ESTABLISHMENT -- MESA VIEW DRIVE BETWEEN STATE HIGHWAY 74 AND PORTOLA AVENUE; PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND MESA VIEW DRIVE (Continued from Meeting of January 14, 1988). Mr. Folkers reported that after this ordinance had been presented the first time. staff had conducted another speed study. The results of this second effort recommended a lesser speed on Mesa View, and this was reflected in the proposed ordinance. Councilman Snyder commended the Public Works Department for its diligence in this matter. Upon motion by Crites and second by Snyder, Ordinance No. 526A was passed to second reading by unanimous vote of the Council. B. REQUEST FOR MITIGATION OF OUTSTANDING CONDITIONS OF APPROVAL FOR PALM DESERT TOWN CENTER, PARCEL MAP 15723 (CONTINUED FROM MEETING OF FEBRUARY 11, 1988). Mr. Altman said that this item had been continued from the last meeting for more information. If Council had further questions, he suggested that a subcommittee be formed to meet with the people from the Town Center and staff. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • if • • • • • • • • • • • • • Councilman Wilson said he felt comfortable with that suggestion in that he needed more information to make a decision. Upon motion by Crites, second by Kelly, and unanimous vote, the item was continued to the meeting of March 24, 1988. XII. OLD BUSINESS A. UPDATE ON PETITION FILED BY THE CITY WITH THE FCC RELATIVE TO CVTV DEREGULATION. See discussion under Section IX, Item L-2 of the Agenda. Upon motion by Crites, second by Snyder, and unanimous vote of the Council, the item was received and filed. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin suggested holding the closed session scheduled for the end of the meeting at this time inasmuch as the Council had finished earlier than anticipated. Council members agreed. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: Councilman Crites commended Mr. Altman and M-. Folkers for the fees collected.which reduced tre City's cost for the Highway 111 widening project. Councilman Wilson requested extra police patrol Fairway Drive from 6-8 a.m. and 5-6 p.m. to tickP- speeders and discourage people from using the stre-- as a shortcut. Mr. Altman said he would address tr- matter to the Police Department. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites suggested the Police Advisory Committee look into the photo recorder being used by the L.A. Police Department which takes a picture of the license plate of the speeding car and tickets are sent via mail. He read an article about its success in the L.A. Times and thought it worth looking into. Mr. Altman said he would take it to the committee. XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 5:10 p.m. to Closed Session in accordance with Government Code Section 54956.9(a), Pending Litigation, more specifically Palm Desert vs. Indian Wells/Sunterra. Mayor Benson reconvened the meeting at 6 p.m. and recessed for the dinner break, announcing no action taken in Closed Session. Mayor Benson reconvened the meeting at 7 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. VICTOR VILLENEUVE, 43-349 Martini Court, Palm Desert, addressed the City Council in complaint about the lights at the C.O.D. golf facility. He said that while he understood that the city had no jurisdiction over State land, it had a moral obligation to its constituents to try to intervene and resolve the problem these lights created for the many residents living in the Vineyards. MR. PELLEGRINO, 43456- San Pascual, Palm Desert, addressed Council in support of Mr. Villeneuve's statements. MRS. PELLEGRINO also stated her support and said that the lights lit her whole back yard at night and made it impossible to use her guest room. Councilman Wilson recommended that this item be added to the agenda for the joint meeting with the College of the Desert Board of Trustees to be held Tuesday evening, March 1st. Council members concurred. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE in Memory of Richard S. Sparks for his Efforts on Behalf of the Police Advisory Committee, the 2000 Committee, the Project Area Committee, and the Advertising & Promotion Committee. Mayor Benson presented the plaque in memory of Richard S. Sparks to Board of Realtors President Ben Lagos. She noted all that Mr. Sparks had contributed to the community and asked that the plaque be hung at the Board offices as a reminder just how much difference one individual can make. Councilman Wilson noted that Mr. Sparks had been Chairman of the city's Drainage Committee which was responsible for the Palm Valley Channel construction as well as the curb and gutter assessment districts formed throughout the City. He said that Mr. Sparks diligence in these efforts had brought us a much safer city in which to live. Mr. Lagos thanked the City Council, assuring that the plaque would be hung in a prominent place in their facilities and noting that Mr. Sparks had been a most instrumental individual in their organization as well. B. PRESENTATION OF PLAQUE OF APPRECIATION to Mr. Bill Waring for his Service on the C i ty' s Advertising & Promotion Committee. Continued to the meeting of March 10, 1988, with concurrence of Council. C. PRESENTATION OF PLAQUE OF APPRECIATION to Mr. Sabby Jonathan for his Service on the City's Rent Review Commission. Continued to the meeting of March 10, 1988, with concurrence of Council. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE, PRECISE PLAN OF DESIGN AND DRAFT ENVIRONMENTAL IMPACT REPORT TO CONSTRUCT A MIXED -USE OFFICE/RESIDENTIAL PROJECT CONSISTING OF 139.000 SQUARE FEET OF PROFESSIONAL OFFICE SPACE AND 224 APARTMENTS ON 34 ACRES AT THE NORTHEAST CORNER OF COOK STREET AND HOVLEY LANE. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Diaz reviewed the staff report and recommendation. He said the development would provide a critical transition from one zone to the other, and it would be compatible with the areas to the north and to the east. He pointed out that all landscape maintenance would be the responsibility of this development. In review of the resolution between the Lakes Country Club and the applicant, Mr. Diaz stated that staff concurred with all conditions set forth by the Lakes except the last one dealing with barbed wired. He said the City did not allow this in other developments and allowing it here might set a precedent for future developments. Mayor Benson declared the Public Hearing OPEN and invited the applicant to speak. MR. CHUCK STROTHER, 41-555 Cook Street, told the Council he had been in the valley for 10 years, primarily in the construction/development business. He noted that he had built the Corporate Center on Cook Street, the Cosmetic Surgery building on El Paseo, the Truly Nolen building, the model homes at the Marriott, and the Desert Design Center on Cook Street. He gave a history of the project. Mr. Strother said that there had been considerable concern expressed by the Vista del Montanas homeowners as well as those at the Lakes Country Club dealing with the blocking of views, invasion of privacy, and security. To mitigate those concerns, two story buildings had been moved closer to the office building, setbacks had been increased, and an additional two feet was added to the perimeter wall. He said that he had reached agreement with the Board of Directors of Vista del Montanas and more recently, the Board of the Lakes Country Club which had presented the letter of eight conditions he agreed to adhere to. He said a substantial marketing study had been done before the project was proposed, and this study showed a great need for this type development which was similar to the Quail Lake Village which was almost sold out now. He said a great deal of time went into the design so that it provided the transition so vital to the area. Upon question by Councilman Crites, he responded that no recreational facilities for young children had been designed yet because the need had not yet been determined. However, there was ample space for them should the need arise. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Upon question by Mayor Benson, Mr. Diaz said the buffer strip had a 100' setback. Mayor Benson invited testimony in FAVOR of the request, and the following spoke: MS. LOIS MALL, 41-055 Largo, Palm Desert, said the project would improve their security of Vista del Montanas, and would be better on the land than the trash being dumped there now. She said the developer had an excellent track record, and this was a high quality development -- probably better than anything else that might go in. MR. EDWARD ETHEL, 336 Red River, President of the Lakes Country Club Homeowners Association, advised that while his association officially opposed this project, It now withdrew its objection subject to the eight conditions mentioned by Mr. Strother and as defined In his letter of February 22, 1988, to same (copy attached hereto and made a part hereof as Exhibit "A".) He said that with regard to staff's opposition to the Lakes' Condition #8 and a barbed wire fence, this type fence was common In industrial areas. He said planted with pyracantha, the fence would not be seen. MR. HARVEY MILLER, 380 Red River, Palm Desert, said this project as revised would be a real plus to the Lakes Country Club and would add much needed security. MR. JIM STERLING. Vista del Montanas, said this developer would not only start the project, but would finish it unlike others. Felt it was a good project. MR. STROTHER spoke again stating that the homeowners at the Lakes Country Club were concerned about the landscaping of the common areas and said he would be willing to condition his landscaping to the approval of that board. Mr. Erwin advised that the City had no jurisdiction in any conditions agreed upon between the developer and the Lakes Country Club and could not. therefore, enforce any of them. Mr. Strother submitted a letter from Ms. Phyllis Thompson. Vice President of Marriott's Desert Springs Development corporation, in favor of the development (said letter on file and of record in the City Clerk's office). Mayor Benson invited testimony in OPPOSITION to the project. and the following people spoke: 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING •• • • • • • • • • • • • FEBRUARY 25, 1988 • • • • a • • • • • • MR. .GOF WRIGHT, 71-252 Vista del Montanas, spoke against the General Plan amendment and the change of zone feeling that both were incompatible to existing development. He said the individuals from Vista del Montanas who spoke in favor of the project either did not live there now or were moving. He said the project would create too much traffic for an already too busy street. MS. LAURA INGLESON, 41-045 Largo, Palm Desert, opposed the project based on the increased traffic (particularly on Via Sinta) and the commercial and apartment portions of the project. Mayor Benson invited rebuttal from the applicant. Mr. Strother said that in regard to comments about increased traffic, the EIR had a traffic study in it which said that the level of service after the project would remain as "A" rating. He said his project would be making street improvements including installation of landscaped medians. He disagreed that his project was "industrial use" inasmuch as the office professional would be upscale. He said that banks, legal firms, doctors, etc. had contacted him already about occupancy of these offices. Mayor Benson closed the public hearing. Council Questions: Crites: Asked if enough right-of-way was being required for right-hand turn at Hovley and Cook. Mr. Folkers responded there was. Kelly: Is Cook Street north of Fred Waring "A" level service as indicated in the EIR. Mr. Diaz responded staff agreed with the EIR. Mr. Folkers explained further that the "A" rating meant that there was a free -flow condition and that all vehicles could clear a signal In one cycle. Council has approved a great deal of industrial buildings that have become retail stores. Is there a provision in this approval to prevent retail? Mr. Diaz responded that the Office Professional Zone delineates specific uses, none of which is retail. Council Comments: 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • • • • * • • Crites: Said the wall was 8 feet from the Lakes side and 8-9 feet from the other side which he felt was good security. With regard to pyracantha, not aesthetically pleasing but if approved, should be 5 gallon plants instead of one gallons to give immediate coverage to the barbed wire. Felt the developer should install the signal rather than pay fee and then be reimbursed as other development occurs there. Snyder: Said the project was what the City was striving for in allowing a compatible development. Commended the developer for all his efforts in resolving adjacent property owners' concerns and in changing his plans to accommodate same. Didn't like the barbed wire fence but said it was a Marrakesh Country Club and didn't look that bad. Agreed signal should go in now. Wilson: Initial reaction is hate to see rezoning of land, but this enhances the surrounding properties better than typical Office Professional development. Did not like the barbed wire and thought just the 5 gallon pyracantha plants would do the job. Agreed the traffic signal should be installed as part of the development. Kelly: Asked if developer would build his own bus shelter or use the one Sunline was proposing. Mr. Diaz said the applicant under the proposed condition would build and pa,, for the shelter in accordance with approval from the Cit. and Sunline. However, condition could be amended to sa "design of said bus shelter shall be approved by the Cir, of Palm Desert's Architectural Review Commission. Mr. Kelly said he preferred the latter inasmuch as the Sunli"e shelter had advertising and the developer's would not. He went on to say he had a problem with the project that the City's primary concern was traffic. An increa.- in sales tax 3n1 a developer fee was proposed to mitiga•- development-created traffic. and he did not see tr development doing anything to mitigate the problems traffic would _reate. Benson: Echoed commendation to developer for working wig adjacent property owners to alleviate concerns. Agr- signal should be installed as part of development. not like the barbed wire fence. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to approve the project with the additional conditions set forth in ensuing discussion. Councilman Crites suggested the following amendments to Resolution No. 88-28: 1. That Conditions 1-7 as set forth in the letter from the Lakes Country Club dated February 22, 1988, be accepted. 2. That Condition No. 8 be changed to read: "Applicant shall install mature pyracantha along the wall. In the event that security problems occur within one year after construction, applicant shall install angle iron with three strands of barbed wire per City approval. Applicant shal 1 bond for this condition for. one year after final build out." 3. If the project does not commence within one year from the date of approval, the city of Palm Desert may initiate proceedings to return the zoning to its current designation. 4. Applicant shall install, prior to the opening of the project, a signal at the corner of Hovley Lane and Cook Street. 5. Applicant shall cooperate with adjacent property owners in preparation of landscape plan for 100-foot open space buffer. City staff shall verify said cooperation. 6. Appropriate recreational facilities shall be provided within the apartment complex as required. Councilman Snyder agreed to said amendments and with that, Councilman Crites seconded the motion. At this point, Associate Planner Catherine Sass asked that the Council take the actions individually. Councilman Snyder withdrew his motion, and Councilman Crites withdrew his second. Councilman Snyder moved to, by Minute Motion, approve the findings and to waive further reading and adopt Resolution No. 88-25, certifying the Environmental Impact Report SCH87082409. Councilman Crites seconded the motion, and the motion carried by a 4-1 vote with Councilman Kelly voting NO. Councilman Snyder moved to waive further reading and adopt Resolution No. 88-26, approving GPA 87-2. Councilman Crites seconded the motion, and the motion carried by a 4-1 vote with Councilman Kelly voting NO. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1988 . . . * . . . . . . . . . . . . . . . . . . . . . MOI,SES AMENDED Councilman Snyder moved to waive further reading and adopt Resolution No. 88-27, approving the Change of Zone. Councilman Crites seconded the motion, and the motion carried by a 4-1 vote with Councilman Kelly voting NO. Councilman Snyder moved to waive further reading and adopt Resolution No. 88-28 amended to include the 6 conditions set forth by Councilman Crites in the withdrawn motion. Councilman Crites seconded the motion, and the motion carried by a 4-1 vote with Councilman Kelly voting NO. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 8:45 p.m. ATTEST: /t2 -- SHEILA R. GILLI GAN, CyfY CLERK CITY OF PALM DESERT, CALIFORNIA ` JEAN M. BENSON, MAYOR 19