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Home My WebLink About1988-05-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 12, 1988 CIVIC CENTER COUNCIL CHAMBER • • * • • a • • a • • • • • • • • is • a • • • • s I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson III. INVOCATION - Mayor Jean M. Benson 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 (Not present at 7 p.m. portion) Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/Public Information Officer Richard J. Foikers, ACM/Director of Public Works Ramon A. Diaz, ACM/Director of Community Development/Planning Kirby J. Warner, ACM/Director of Economic Development Paul S. Gibson, Director of Finance Patrick Conlon, Director of Building & Safety Frank Allen, Director of Code Compliance Mayor Benson suspended the Agenda in order for the City Council to thank Clerk Stenographer Naomi Bruce for her service as a City employee and to express how much she will be missed by everyone. V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 28, 1988. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • • • • • 1 • . • • • • • • • • • • • • • • • . B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0407 and 0414. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Helen C. Gore for A Tisket-A-Tasket, 73-510 Alessandro Drive, Palm Desert. Rec: Receive and file. D. CLAIM NO. 075 AGAINST THE CITY by William and Sally Cox in Excess of $150,000. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. E. CLAIM NO. 076 AGAINST THE CITY by Palm Desert Greens Association in the Amount of $75,000. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. F. CLAIM NO. 077 AGAINST THE CITY by Laura Ann Ehlers in the Amount of $513,245.84. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. G. RESOLUTION NO. 88-44 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety That Have Been Microfilmed. Rec: Waive further reading and adopt. H. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for Contract No. 00-282 for a Slurry Seal Contract or Piggy Back on Another Agency's Contract for Slurry Seal Work. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 00- 282 for a Slurry Seal Contract of Piggy Back on Another Agency's Contract for Slurry Seal Work. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, T988 • • • • • • • • • • • • • • • • • • • • • • • • • 1. REQUEST FOR AUTHORIZATION TO ADVERTISE & CALL FOR BIDS for Contract No. 00-280C, the Construction of the Improvements Related to the Proposed Assessment District 87-1. (Continued from the Meeting of April 28, 1988.) Rec: By Minute Motion, authorize the City Clerk to advertise for bids for the construction of the improvements related to the proposed assessment district. J. REQUEST FOR RELEASE OF SUBDIVISION IMPROVEMENTS BONDS for Tract Nos. 11636-2 and 11636-3, Lewis Homes, Applicant. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the Faithful Performance and Labor and Materials Bonds and accept ten -percent sureties for a one-year period. K. REQUEST FOR APPROVAL of Change Orders 1 and A of Contract No. 00-207, 1987-88 Curb and Gutter and Cross Gutter Repair. Rec: By Minute Motion, approve Change Orders 1 and A of Contract No. 00-207 and appropriate an additional amount of $727.82 to the project budget from the Unallocated General Fund Budget Reserve. L. REQUEST FOR ACCEPTANCE OF WORK AND NOTICE OF COMPLETION for Contract No. 00-207 - 1987-88 Curb and Gutter and Cross Gutter Repair Program. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for Contract No. 00- 207. M. REQUEST FOR APPROVAL of Agreement for Towing Services - Abatement of Abandoned Vehicles (Contract No. 00-283). Rec: By Minute Motion, approve the agreement as set forth in five conditions of Staff Memo dated April 5, 1988. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-214, Community Park Restroom Facility. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $1,320.00. 0. RESOLUTION NO. 88-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REAFFIRMING PALM DESERT'S "ART IN PUBLIC PLACES" PROGRAM AND FEE. Rec: Waive further reading and adopt. Upon motion by Snyder, second by Wilson, and unanimous vote of the City Council, the Consent Calendar was approved as presented. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 536 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 5.04.010 AND SECTION 5.06.010 OF THE CODE OF THE CITY OF PALM DESERT AS THEY RELATE TO DEFINITIONS AND CLASSIFICATIONS OF OWNER/BUILDER AND DEVELOPERS. Mr. Wayne Ramsey, Code Compliance Inspector, reviewed the staff report dated April 20, 1988. Councilman Crites moved to waive further reading and pass to second reading. Motion was seconded by Benson and carried by unanimous vote of the City Council. For Adoption: None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-284 WITH THE CITY OF RANCHO MIRAGE FOR MONTEREY AVENUE IMPROVEMENTS BETWEEN COUNTRY CLUB DRIVE AND WHITEWATER RIVER CHANNEL. Mr. Altman stated there was a memo in the packets from the Public Works Director outlining the details of this request. Councilman Crites asked if there would be a median extending along Monterey Avenue from Country Club Drive. Mr. Folkers responded that the median already there will be maintained but that there would not be additional median installed. Councilman Kelly moved to. by Minute Motion, authorize the Mayor to enter into an Agreement No. 00-284 with the City of Rancho Mirage for said improvements. Motion was seconded by Benson and carried by unanimous vote of the City Council. B. INFORMATIONAL ITEMS: 1. STAFF UPDATE ON CONSTRUCTION WORK HOUR VIOLATIONS. Mr. Conlon reviewed the staff report dated April 20, 1988, noting that if the Council felt this was a problem that needed to be addressed, staff would prepare the necessary ordinance amendments. Upon question by Councilman Crites as to whether the City could post signs on construction sites stating what the work hours were, Mr. Conlon responded that most of the contractors already abide by the work hours set by the City. and he did not think all contractors should be required to post those signs Just because a few are violating the City Code. Mayor Benson disagreed and said she did not think those contractors following City policy would be offended if they were asked to post signs. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . Councilman Kelly added that it would be much easier administratively if all contractors were required to post the signs. Mr. Altman stated that this could be done administratively without amending the Municipal Code. Upon question by Councilman Wilson relative to the size of the signs, Mr. Conlon said that 8 1/2 x 11" signs could be distributed when permits were issued. Mayor Benson added that the signs should be in Spanish as well as English. Councilman Snyder stated that he was still receiving complaints from citizens regarding noise from the Palms to Pines center at 2:00 a.m. Mr. Allen responded that a proposed ordinance prohibiting leaf blowers during specific hours would be before the Council at its May 26th meeting. 2. UPDATE ON NORTH SPHERE STUDY. Mr. Diaz reported that he was waiting for communication from WRT relative to exactly what it will take to wind up this project. He said there were some changes that had been made to their original proposal but that staff was currently processing the zone change applications and development plans in accordance with the policies adopted by the City Council. He added that the plan should be before the Council by the last meeting in June. X1. CONTINUED BUSINESS None XII. OLD BUSINESS None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Altman said that at the May Ilth Mayors and Councilmembers Conference, he had received a request from Mr. Bob Fitch, Chief Administrative Officer for the County of Riverside, for the City of Palm Desert's support of Proposition 71. He said he felt this was an emergency item that came up after the Agenda was posted and should be considered at this time. Councilman Crites moved to determine that this was a matter that came up after the Agenda was posted and required Council consideration at this time. Motion was seconded by Wilson and carried by unanimous vote of the Council. Mr. Altman stated that the Council endorsed the County's Ballot Measure A and that Proposition 71 was the State proposition that was similar to Measure A. Mr. Warner added that this would allow for some modifications in the way the Gann limits are calculated statewide. He said it would also allow the State to look at Gann limits in terms of educational population changes. Councilman Wilson moved to, by Minute Motion, support Proposition 71 and authorize the Mayor to so indicate the Council's support to the appropriate agencies. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Erwin stated that a Closed Session was scheduled for the end of the City Council meeting. However, In light of the early hour, he suggested that the Council consider adjourning to Closed Session after the afternoon portion of the meeting. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12. 1988 • • • • • • • • • • • • • • • • • • • • • • • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Banning Skateboards in Commercial and Office Professional Zones - Councilman Buford A. Crites. Councilman Crites stated that this came to him because several members of the Sheriff's Department had indicated they would like to do something about banning skateboards from commercial areas in the City. Mayor Benson stated that legislation had been passed in Sacramento In January giving teeth to the Department of Motor Vehicles to enforce this. She said a proposed ordinance would be before the Council at its May 26th meeting. o City Council Committee Reports. 1. Councilman Kelly reported that the CVAG Traffic Uniform Mitigation Fee Committee had made a recommendation that would go first to the Transportation Committee and then to the Executive Committee. He said there would also be a meeting In Riverside on Monday to discuss the matter of the half -cent sales tax and how it would be administered. He added that there would be a meeting of all CVAG members on May 24th to be held at the Palm Desert Civic Center, and hopefully an agreement between all the cities could be finalized within the next 30 days. XIV. ORAL COMMUNICATIONS - 8 None Councilman Crites moved to adjourn to Closed Session at 4:39 p.m. pursuant to Government Code Sections 54956.8, Real Property Transactions, 54956.9 (a), Pending Litigation (1. City of Palm Desert vs. City of Indian Wells - Sunterra, and 2. Villages of Bella Vista), 54956.9 (b), Potential Litigation, and also for the purpose of discussing personnel matters. Motion was seconded by Kelly and carried by unanimous vote of the City Council. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12. 1988 • • • • . . • . . • • . • . • • • • • • . • • Mayor Benson reconvened the meeting at 5:50 p.m. and recessed for dinner. She 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. APPOINTMENT to the Rent Review Commission to Fill the Vacancy Created by the Resignation of Sabby Jonathan. (Continued from the meeting of April 28, 1988.) Mayor Benson stated that this item would be postponed until the meeting of May 26, 1988, since the Council did not have an applicant at this time. B. PROCLAMATION Declaring the Week of May 22 through May 28 as California Traffic Safety Week in the City. Mayor Benson stated that the Council had declared the week of May 22 through May 28, 1988, as California Traffic Safety Week in the City of Palm Desert. C. PROCLAMATION Declaring the week of May 15 through May 21 as National Police Week. Mayor Benson read the proclamation and presented it to Ms. Luanne Gonzalez from the Ladies' Auxiliary of the Fraternal Order of Police. She noted that memorial services would be held at the Palm Desert Presbyterian Church on Saturday, May 21st. SPECIAL PUBLIC FORUM TO RECEIVE PUBLIC TESTIMONY PRIOR TO: A. CONSIDERATION OF THE SECOND READING OF AN ORDINANCE THAT WOULD PREZONE PROPERTY FOR THE VILLAGES OF BELLA VISTA. Mayor Benson stated that because it had been five years since first reading of this ordinance, notices had been sent out and published in the newspapers inviting people to attend the meeting to give their opinions on this matter. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites asked the City Attorney to explain what would happen if the Council adopted or did not adopt the ordinance. He said he felt it was Important to let people know that if this ordinance is adopted, it does not mean that a development agreement is given to the developer for this property, nor does it approve a particular number of units, location, height, etc. He said those were issues that would be decided later. Mr. Erwin said the proposed ordinance was the second action on a prezoning prior to annexation of approximately 675 acres at the City's southerly boundary. He said the matter of the property had been involved in litigation over a number of years relative to the acquisition of property for the purpose of flood control channels and determination of the value assigned to the property taken for that purpose. He said the litigation had been ongoing and that there was currently a proposal to come to a resolution of that litigation. He said adoption of the ordinance would finalize the Council action on the prezoning. He said this would cause, at a later time, finalization of an agreement between the City of Palm Desert, the developer and owner of the property, and the Coachella Valley Water District settling the amount of property acquired, the value of that property, and various other aspects. He said there were at least three or four formal actions of the City Council that would follow adoption of the ordinance at a future time, including public hearings relative to the proposed development agreement and proposed amendments to the development plan. He added that action on the ordinance at this time was more in the nature of a good faith effort on the part of the Council toward resolution of the matter. Mayor Benson invited input in FAVOR of or OPPOSED to this matter. The following spoke In OPPOSITION to the project's proposed density, its impacts on traffic, schools, and water, the dust and dirt that will be caused by construction of the project, and its impact on the wildlife: MS. ANN COOPER, 71-750 Cahuilla Way, Palm Desert, read a prepared statement (attached hereto and made a part hereof as Exhibit "A"). She also read a letter from her father and submitted it for the record (attached hereto and made a part hereof as Exhibit "B"). 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 . . . . . . . . . . . . . . . • . . . . . . . . . MR. JACK FRENCH, 45 Country Club Drive, Silver Spur Mobile Manor. MR. PAUL COLLINS, 16 Prickley Pear. MRS. RUTH WALLIS, 27 Flying F Drive, expressed concern with keeping open space and providing more programs for the community's youth. MR. DAV I D MATTHEWS, a museum naturalist with the Palm Springs Museum, spoke on his own behalf and commended the City Council for giving the public an opportunity to comment on this matter. He expressed concern that the Environmental Impact Reports done for the project had not addressed the native palm oasis in the area or the hiking trail traverses the southwest section of the area. He was also concerned about the wildlife element and the fact that the area is also a Big Horn Sheep habitat. MS. CAROL JACOBSON, 71-775 Encilla Way, expressed concern that many of the people who had spoken before her had addressed the issue as if the project was a foregone conclusion. MR. GROVER NOBLES, 72-987 Haystack Road. Mr. Erwin stated that if the Council adopted Ordinance No. 347 as It was originally presented in 1983, there were some modifications to the density which would be coming back to the Council at a later date. Mr. Diaz stated that it had been his understanding that the second reading of this ordinance would also accomplish the reduction of units from the original 1266 to 1066 units. However, in speaking with the City Attorney, he was advised that this reduction of units and amendment to the ordinance would be subject to a public hearing. Councilman Crites stated that, assuming the ordinance is adopted by the City Council, the concerns expressed relative to density, sewage, location and height of buildings, etc., will be taken into consideration at some time in the future, and a mutually satisfactory development agreement will be worked out. He said this public hearing was to find out how the public generally felt about the proposed development. He added that the MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . original proposal dedicated 300 acres as undisturbed mountain hillside open space. Upon question by Councilman Wilson, Mr. Tom Clarke, attorney for the developer, stated that it was very clear that between now and the next month or so when the agreements were being finalized, issues of concern raised here would be listed. If they were such that they could not be worked out to the satisfaction, there would be no settlement. Mr. Erwin clarified the wording of the ordinance. Councilman Crites moved to waive further reading and adopt Ordinance No. 347. Motion was seconded by Snyder. Councilman Wilson stated that although he would be voting NO on the ordinance, he was not voting against the spirit of moving forward and trying to work toward a settlement. He said he voted against it the first time because he felt more sensitivity needed to be made towards the environment, and he said he had not seen any move between 1983 and 1988 to address this. Mayor Benson called for the vote. The motion carried by a 4-1 vote, with Councilman Wilson voting NO. Mayor Benson called for a recess at 8:07 at 8:17 p.m. XVIII. PUBLIC HEARINGS p.m. and reconvened the meeting A. CONSIDERATION OF AN AMENDMENT TO THE GENERAL PLAN CIRCULATION ELEMENT AS IT RELATES TO HOVLEY LANE WEST OF THE PRESENT CITY BOUNDARY AND INSTITUTING THE CITY'S GENERAL PLAN, PREZONING THE PROPERTY IN ACCORDANCE WITH THE CITY'S ZONING ORDINANCE AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO, TO A PART OF THE CITY'S EASTERN SPHERE OF INFLUENCE MORE SPECIFICALLY THE 160 ACRES IN THE SOUTHEAST QUARTER OF SECTION 10 (I.E. SOUTH OF THE LAKES COUNTRY CLUB AND EAST OF MOUNTAIN VIEW FALLS). (Continued from the meeting of January 28, 1988.) Mr. Diaz stated that in the spirit of cooperation and the ongoing discussions that have been taking place, he would recommend that the proposed amendment to the circulation element be tabled. He said the annexation would still proceed. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12. 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Benson noted that this was a continued public hearing and invited testimony in FAVOR of or OPPOSED to this matter. None was offered. Mr. Erwin noted for the record that a letter had been delivered by messenger from John Flynn and should be attached as an Exhibit to the Minutes (Attached hereto and made a part hereof as Exhibit "C"). Councilman Snyder moved to TABLE Resolution Nos. 88-7 and 88-8 relative to the circulation element of the General Plan. Motion was seconded by Crites and carried by unanimous vote of the Council. B. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT REGULATING THE PARKING AND STORAGE OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY. Mr. Warner noted that there was a memo in the packets from Code Compliance Director Frank Allen. Mr. Allen reviewed the staff report dated April 20th and offered to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. MS. MARIA SILVA, 48-065 Silver Spur Trail, stated she owned a corner lot and that her living room overlooked a recreational vehicle 24 hours a day. When she brought this to the attention of the City, she was advised that she should put in shrubs or hedges to block the view. She showed pictures to the Council. Councilman Wilson asked if it would be acceptable to Ms. Silva if the property owner who has the recreational vehicle would plant oleanders between the chain link fence and her wall, and Ms. Silva answered yes. Councilman Wilson Informally asked that staff pursue that course of action. MR. JOSEPH LEMIEUX, member of the R.V. Committee, stated he had suggested that Ms. Silva raise her screen so that she would not be able to see the vehicle. This would then eliminate the need for any further action. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • . • • • . • • • • • • • • • • • • • • • • • • • Ms. Silva responded that she would again have the expense of redoing the screen which she had just put in last summer. Councilman Wilson stated that staff would look into this matter. MR. CARLOS TOZI, 72-920 Homestead, stated he felt some exception should be made for people who live on the south side of Highway 111 where some of the houses do not have large enough back yards to park the RV's. Councilman Wilson stated that there were no exceptions for property owners on the north side. He said the original ordinance had been withdrawn because it would have caused a hardship for certain owners. He said the rewritten ordinance would apply to everyone. MS. JANICE WRIGHT, 48-114 Silver Spur Trail, stated she did not feel a recreational vehicle was any more unsightly than having tennis courts. Mayor Benson declared the public hearing closed. Councilman Crites moved to waive further reading and pass Ordinance No. 537 to second reading. Motion was seconded by Wilson. Councilman Kelly stated he would vote YES but felt the ordinance should have been stricter. He said he agreed with some of the comments that people work so hard to keep open space and improve the landscaping, and just one recreational vehicle can destroy a lot of that landscaping. He added that he, too, owned an RV. Mayor Benson called for the vote. The motion carried by unanimous vote of the Council. C. CONSIDERATION OF DEVELOPMENT AGREEMENT RELATING TO CITY ASSISTANCE FOR A LOW INCOME SENIOR HOUSING PROJECT. CASE NO. DA 88-1. CABLE & RYLEE, APPLICANTS. Mr. Diaz reviewed the staff report, noting that he felt this draft agreement addressed all of the concerns of the City Attorney, staff, and Council. He said when implemented, this agreement would set into motion the development of a senior low income housing project adjacent to the Senior Center. He said staff recommended passage of the ordinance to second reading. 14 ATTEST: / / J -SHEILA R. GILILIGAN, Ck/Y CLERK CITY OF PALM DESERT, CALIFORNIA MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • . . . . . . . . . . . . . . . . . . . . . . Mayor Benson declared the public hearing open and invited testimony in FAVOR of this matter. MR. WENDEL RYLEE, 73-720 Shadow Mountain, spoke as the applicant and said he agreed with staff's report and recommendation. He offered to answer any questions. Mayor Benson invited testimony in OPPOSITION to this matter, and none was offered. She declared the public hearing closed. Mr. Erwin indicated for the record that the word "or" on the bottom of Page 12 should be deleted. Councilman Wilson moved to waive further reading and pass Ordinance No. 538 to second reading as amended. Motion was seconded by Benson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - 0 MS. SANDRA SNODGRASS, 72-815 Mimosa, stated she would like to see a traffic study performed for the corner of Highway III and Portola Avenue. She said during business hours, usually only one car is able to turn left onto Highway 111 from Portola Avenue each cycle of the signals. Councilman Snyder stated he had spoken with the Public Works Director who indicated that he had been trying to convince the State that a left turn signal is necessary at that location. He said there was a chance a new manager would be put in charge of this district, and perhaps staff would be able to convince him of the necessity for this signal. XX. ADJOURNMENT Upon motion by Wilson, second by Crites, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 8:55 p.m. JEK!4 M. BENSON, MAYOR J 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NAY 12, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT "A" I 1 .,I,. ,,I r1+� I AM ANN COOPER, OWNER OF TWO HOMES AND TWisl'ARCELS IN din✓P ult./ 6e•e,n alv01.1 +4ef 46 (e rr l., f CAHIII LLA HILLS 1!8`ttl BORDERING THE PROJECT IN QUESTION. (•. N. 1 k,,,,,,, ,,,.le-e, Phi Q('14 110,. • SOME OF YOIJ MAY REMEMBER ME FROM THE LENGTHY HEARINGS 04-TA,,,, Cv„„,.,, Will 1,e CO✓c'Ie•e( AND COUNCIL. MEETINGS FALL. OF CAHIIILLA HILLS RESIDENTS IN THE PAST. IN AN EFFORT TO SOLVE THE CONCERNS I HAVE I'OR THE DIRECT ADVERSE IMI'AOT,WESTERN ALLIED PROPERTY"S ('ROJECI• HAS ON MY PROPERTY AND LIVING CONDITIONS I DECIDED TO DEAL. DIRECTLY WITH DICK RAMELLA AND LOUIS (:RAZIADIO RATTIER THAN INVOLVING THE COUNCIL IN EVERY DETAIL.. THIS, IT SEEMED TO ME WAS A MORE EXPEDIENT APPROACH. I IiAV'. SPOKEN AT LENGTH WITH BOTH DICK AND LOUIS AND THEY HAV': '.'DICED UTMOST C001'E:RATION ON THE ISSUES WHICH I HAVE ADDRVESSED. LOUIS HAS AGREED TO PUT THESE AGREEMENTS IN (oet tt., r WRITING,. HOWEVER, BECAUSE OF TIME CONSTRAINTS, LOUIS FLEW TO NEW PORK YESTERDAY...SE NOTHING HAS BEEN PUT IN WRITING NOR HAS AN EASEMENT WHICH I SHALL EXPLAIN LATER BEEN GRANTED TO ME. I AM SURE SOMEWHERE ALONG YOUR PATHS EACH OF YOU ON THE COUNCIL HAVE LEARNED THAT VERBAL AGREEMENTS MEAN NOTHING...AND THERE IS OF COURSE THE POSSIBILITY THAT MR. GRAZIADIO WILL CET THIS PASSED THROUGH THE COUNCIL, THEN SELL THE PROPERTY, SO HE WOULD NOT BE AROUND co HONOR HIS WORD. A BIT `LORE ABOUT' MY CONVERSATION WITH LOUIS GRAZIADIO. HE SAID HE WOULD GRANT AND PAY FOR AN EASEMENT WHERE MY DRIVEWAY TO PROPERTY TWO HAS BEEN FOR 40 YEARS. HE ASSURED ME THAT THERE 'n0U1.D BE A BUFFER BETWEEN ME AND THE PROJECT AND THAT IIMERE •:OI'LD BE A 1IEAIJTIFl11. FAIRWAY OF THE GOLF COURSE WITH NO i,'l'SE:S ON MY SIDE OF THE Cth&SE S0 THAT THE MOVEMENT FROM MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING . . . . . . . . . . . . . . . . . . . . . tic v. r►'erl EXHIBIT "A" RIJRAI.I.Y ZONED CAHIJILLA HILLS TO HIS PROJECT WOULD MAY 12. 1988 . . . . BE GRADUAL, AS IT SHOULD IiE. ALSO, HE SAID THERE WOULD t/(.1P ..E LOW DENSITY, EXPENSIVE, LARGE LOTS AND HOMES'$? ME. .4 n141,1 �c- �7�5 In4er1i 't SUBSEQUENTLY I SPOKE WITH i'HIL DAMSS, WHO BY THE WAY WAS MOST COOPERATIVE, ANI) FOUND THAT I.OW DENSITY NEXT TO ME IS NOT CICCOKLI4'6 id IllI rii.Niv NS it It/OW s7ilit•D-s THE CASE, THAT I:; FACT fill: BUBBLE NEXT TO ME CONTAINS 1 THE HIGHEST DENSITY IN THE PROJECT AND THERE IS NO ALLOWANCE FOR SETBACK ALONG THE CAHUILLA HILLS BORDER. THIS NEEDS TO BE RECTIFIED. MR. GRAZ FURTHER INDICATI•:D THAT WHEN HE RETURNED FROM NEW YORK HE WOULD CALL ME AND BRING AN ENGINEER OUT TO MY I'::''ERTY TO DISCUSS THE EASEMENT AND LAYOUT OF HOMES. ON THE ISSUE OF LIGHTING FOR THE PROJECT HE SAID HE DISLIKED BRIGHT LIGIHTS AND WANTED 'I.O USE LOW VOLTAGE LIGHTING. HE SAID THERE WOULD NO MAINTANANCE OR GARBAGE OR UNSIGHTLY AREAS NEAR ME. OTHER ESSENTIAL ISSUES TO BE ADDRESSED INCLUDE: BUCKHORN TRAIL AND JAGUAR ROAD MUST NOT BE USED FOR INCREaS AND EGRESS FOR CONSTrUCTION VEHICLES OR ANY uTHER VEHILCLES Inv .Cr! 30.S cLd arrrC \`t((ot 13uc(✓3 rn CONNECTED WITH THE PROJECTS. THESE ARE )t' "' 1 txottlri .._1/4,,beidrlr► must IAA, %u.I) ►t4 • C'E't'i,11In 4. PRIVATE STREETS. THE LARGE HILL NEXT TO MY LOWER HOUSE ACTS CPc'cu( 4 Bu( ' kG. , 91., Yr.f.e7 • end St AS A FLOOD CONTROL BUFFER. IF IT IS TORN DOWN, THERE IS A cxS .1 ,s POSSIBILITY OF WATER RUN-OFF ON TO MY PROPERTY AND HOME. THE SAME APPLIES TO THE REST OF MY PROPERTY. ANY GRADING MUST HAVE "WATER RUN-OFF" IN MIND. 11 0 Kl • i�tt`1LN 1 ask `I i c.* J l c (-t't<( piagc e C'Oi)y�ruCiip,) — S-� Srr".S r •\ ((. u'latl r'r,) Q1.(1 (,•ft: I 0. 1I.+lefIen +-ea sc ).a 61 e. Or, 10uv S Of t Ill. r1 0 Ci e f -r . , i•) MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NAY 12, 1988 • • . • • . • • • • • . • • • • • • • . • • • • EXHIBIT "A" FARTHER, THE G01.F 1lfLES NEXT TO MY PROPERTY SHOULD BE DESIGNED SO THAT NO BALLS WILL BE DRIVEN ON TO MY PROPERTY. 111210,-CONSIDERATION FOR MYSELF AND MY FAMILY"S ABILITY TO BE OUT OF DOORS AND RELAX 1N PEACE WITHOUT FEAR OF GOLF 5H1`VL i) BALLS COMING OUR WAY,BE: TAKEN. I HAVE NOT YET DISCUSSED T'Ii1S ISSUE WITH MR. G. ON rHE ISSUES WHICH I ADDRESSED WITH HIM, HE WAS FULLY Fii,,' ibc_UI COOI'ERATIVE, ADDING THAT THERE WOULD.BE A ROBERT TRENT JONES, .IR. GOLF COARSE NEXT TO ME WITH OUTCROPPINGS OF THE NATURAL DESERT. I MOVED 'f0 CAHUILLA HILLS FOR PEACE AND THE NATURAL DESERT SETTINGS AND ABHORE THE IDEA OF CONSTRUCTION NOISE AND A MULTITUDE OF HOMES AND PEOPLE NEXT TO ME AND WORRY ABOUT MY SAFETY DURING "THE CONSTRUCTION. I REALIZE THAT SOMEDAY THE LAND WILL Ill•: BUILT ANI) TIIE PROJECT AS VERBALIZED BY MR. G /IS IF TIR I AW ///tlkJ.4C ''N / f Ft'MT ANI) DICK R SOUNDS 1Z1f:E AND THEIR COOPERATION IS GRATIFYING YET ONLY WORDS AT THIS POINT. I WOULD LIKE TO ASK YOU TO AMEND THE PROPOSAL CIV/Al(o 'NE I'ROJICTS CAHUILLA HILLS BORDER A 200'SETI:ACK WITH EITHER OPEN LAND OR A FAIRWAY, WHICIH WOULD BE ON THE OTHER SIDE OF MY EASEMENT AND THAT THERE BE NO HOMES FOR THOSE 200'. The H..MES WOULD BE ON THE OTHER SIDE OF THE GOLF COURSE. I WOULD ALSO ASK THAT YOU 5,MMEND THE DENSITY FOR THE BUBBLE NEXT TO CAHUILLA HILLS AND MY PROPERTIES AS I UNDERSTAND THAT TRANSFERRING OF DENSITY AFTER THE SECOND READING IS IMPOSSIBLE. I FEEL THAT THE DENSITY SHOULD'BE IN AREAS WHERE CURRENT RESIDENTS ARE NOT IMPACTED. WE IN CAHULLLA HILLS HAVE CHOOSEAJA RURAL LIFESTYLE. SHIFTING THE HIGH DENSITY AND OR SPREADING IT THROUGHOUT THE PROJECT WOULD MAKE SENSE. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • EXHIBIT "A" MAY 12, 1988 • • • • • • • • • • • I AM AWARE OF THE CIRCUMSTANCES OF THE LAW SUITS ANI) THE IMPORTANCE TO SOME TO MOVE THIS HLARING ALONG HOWEVER 1 FEEI. THAT AT THIS POINT IT IS TIME FOR MY i C f Il(I '' (,'' . , / . RIGHTS TO BE PROTECTED ANI) I AM ASKING YOU TO HELP ME PROTECT THEM. THIS WOULD ALSO GIVE MR. GItADIAZIO AND par FIME TO PUT THE EASEMENT IN „OTION AND HAVE A WRITTEN AGREEMENT ON THE OTHER POINTS WE HAVE BEEN DISCUSSING.AS HE S/11/ D FIE 40ivr6 b I WOULD BE HAPPY TO SPEAK WITH ANY OR ALL JUDGES CONNECT WITH THE LAW SUITS. IT HAS BEEN SINCE 1983 �-,L'/O�' ,I ry rL'o r o'ti# If_ L c1 L.D.N Inc C 13C I a (-- t ,c THAT ALL OF THIS HAS BEEN GOING ON. I WOULD THINK THAT r S�IC,t� �Sr ANOTHER MONTH TO IRON OUT THE PROJLEMS BETWEEN MYSELF (',K //E.//�'�'GG'S / AND WESTERN ALLIED PROPERTY IS JUSTI"IED. THIS IS I'HE WAY I WOULD LIKE TO SEE THE MATTER RESOLVED... so that litigation on my part will not become a necessity. SO I RESPECTFULLY REQUEST THAT THE AMMENDMENT BE GRANTED. W/I/(i-1 !AWL to,'CurlP ,v7&y CiY li) cd Sr I `f fc urc nee&. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • • * • • • • • • • • • • • • • • • • • • • • • • EXHIBIT '8" tiy `•r7 ,1)� a tctLo:t, ire`/tci„ !t z z 6 C< - _ /z , C� «</ 44-it v �� `u�,/fit 7(� �Cu t-,-( ei(C all eC ) i`!`' /I I C t t e(-71 t. (e: ck6•c-7L l E — 2 on ' d%Yl few- ( 74. c ` > 5 -To 11,16 t- IA V 1 5'S4 k )fit, /km rt/0, / 7:6F4ft,s. )1i;61A LZ�L �2 Lo-a c� L► L. ' .��t tie. • L C` (� e_c_Z'- �� C*tGc. 7t'e �.c y -J / � rJ (fil.1 •(. L,�� It A .� tL t• — l ' L ✓ten `{l //j! Get c-s••-, c`I c c-1..._.- -7/ . l� u w. Y�.� � (L) ; z/Lc / 1 1: / L(Z (:_L„ ��i /c tj - ( tc✓ 71/ (X c go <C (c. c," C V. - MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12. 1988 • • • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT "B" 11.1Cpc �rt`�F�u i ITC / /% C« �..(L�CZ �,lt�� ,t/CL iLLL..%l's.-i.a.Cts•-• ce cr•...( lA (pp:, r< ... z'( f« ue( c.1 4.74 c1 L (cam✓«..c ✓/ C-t ,C - Cam/ d � - , l;)'L-CtL< ,(4`r` (c_ C a (/ i' / .X C c CL (,I.rt.Z. 1. J 7/(S— (3•., t,-: j, 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • EXHIBIT "C" a MAY 12. 1988 • a • • • • • • • 05 12'1588 14:04 NOSS41 N.GUTF4 ER.KNOXSELT 7145453270 P.02 M•••,,••t IIOOII ••• •0,..' • • 4O1 •I.OI••• 1• •OOII-,•Oa 1.3. 1 1 T4100 Oar I....•Ky l ri.0 I,00• •00 ••.t 1••l••tl0a•O 1•• I••I•C.•C0 C• 041.0•-•I•• L•,•1 •.)•1,00 via Hot*Onnat tAw n►rites NOSSAMAN. CUTHNER. KNOX & ELUOTf IrobArmo ••O VOA. CIII.1• O•IVC •u1T1 1••0 CO•YA 1IC0A. CA apaa•10f1 •fia •a••0000 •1.•COI11• ,f..1 •.••0I)0 May 12, 1911 City Council City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 De: ark 117-5 and C/s 47-11 1.. ,••.e• • L •,.Tw P10011 ..AO •l•• IMPACT. 11. 1Y w••.•r•.••, 0.0 t0•a•••••l 1,011 aal-0,00 i�t TO •Y,TI a00 10,0 •t? 10C*0 1,11O. Cl 0••r1 ,•101 44100110 WMT►••• OIR CT 01•. Yu••1• 80474-004 Honorable Members of the City Council: This office represents Sunrise company, owner of the approximately 640 acres collectively referred to as the "Suntorrs Project,* located within the city of Indian Wells and its sphere of influence adjacent tO the territory proposed for the above -referenced general plan amendment and pre -zoning. The agenda for the regular meeting Of the Palm Desert City Council for May 12, 1988 contains a recommendation, under item •A• of the public hearing matters, of the city council's continuance of the consideration of an amendment to the general plan circulation element, as referenced therein. We are arranging for delivery'of this letter today in case the metter is not continued. The concerns of our client were previously set forth in a letter from this office to the Planning Comrsiasion of the City of Pale Desert, dated December 15, 1987. A copy of that letter is attached and is incorporated by reference herein. The objections and concerns set fortn In that letter apply to the action proposed to the City Council of the City of Palm Desert. An alternative to such action nas already been proposed by sunrise Company to the city of Palm Desert through 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • . • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT •C• 05,12'1988 14:05 t+OSSfMAN,GUTHNER.KNOxSELT 7145453279 P.03 NOSSAMAN. CUTHNER. KNOX 8 ELLIOTT City Council City of Palm Desert Way 12. 1988 Page 2 its City Attorney, David J. !twin of Best, Best & Krieger, through a letter dated January 4, 1988. A copy of that letter is also attached and incorporated herein by reference. AS stated in that letter, Sunrise Company stands ready to implement the comproniae solutions proposed tnereln if it will facilitate the settlement of the action known as Qit, of Palm Desert, of al. v. City of Igdian Wells. et s1., case no. Indio S033L. We urge the city councils careful consideration of the issues end proposals set forth in this letter and in the attachmenta incorporated by reference herein. JJPs1s Soclosures 1139T 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • . . . . • . a . • . • . . • • . a . • * s . e • EXHIBIT "C" 0` 12 1988 14: ES r13SSAf WN. GUTF4ER. Khgi(aELT 71454532 70 P. E4 t•,•tr•,.Mg •6000 MO 1011t- /,11wt0OA /M•Ot? .Oa awal.la. 1. a0n►,•,.Ol 1.131 •i/•►000 1.w .ru-S o;g ,W.O ,.000 ,o0 .../ 1.•..• a•.. ..,...'•••. ,• •.. .,r•• N.111 M1.►00 l.Aw mynas• NOSSAMAN, CUTHNIR. KNOX $ ELLIOTT ••wt.• •.•..• ••0 TO.11. C•MT•• •01V• •VI'S 10.0 COSTA MCSA. CA 0.0•♦1001 1Fy •.••••• 6l666•.,.0 I,N, ••••0O•• December 15. 1957 Planning Commission City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92660 Re: QPA s7-5 and C/t 07-11: Planning Commission Agenda for December 15, 1987 .Y•01w•t•Y • , OUt? Ia•0• ,IAO 00 0ra0R •AO...,,OM. • C. 9001•H0•• u•r a}•,o• ma.w0.r• Own .0O 10•• „0 •►O.n •••..wa.r.. SA Ole. MO ..00p• w.1•.•••• .,M•. OM..w-.•.. 0010. N / .1 wuuet. Honorable Members of the Planning Commission: This office represents the sunrise Company, owner of the 640 acres collectively referred to as the "Sunterra Project,' located within the City of Indian Wells and its Sphere of Influence adjacent to the territory proposed for the above general plan amendment and pre -Boning. We ere concerned about the proposed amendment of the Circulation Element of the General Plan of your city. The main entrance to the Sunterra Project is at the intersection of Eldorado and Avenue 42. The effect of deletion of Eldorado north of Avenue 42 and deletion of Avenue 42 as a major east/west collector street as now provided in the existing General Plan Circulation Elements of the City of Indian Wells. City of Palm Desert, and County of Riverside as well as in the SCAG transportation model, would be a major problem for the Sunterra Project. The implementing pre -coning for this General Plan Amendment is subject to similar concerns. Neither the amendment to the General Plan nor the pre -coning have had the benefit of a full Environmental Impact Report. as required by the California Environmental Quality Act. but rather have been given only the summary analysis accorded a Negative Declaration. Were a full environmental enelysis provided in an Environmental Impact Report. we believe that the problems inherent in this proposed amendment and pre -coning would become apparent. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12. 1988 • s • • • • • • • • • • s • • • • • • • • • • • • EXHIBIT 0C" 05/12'1988 14:06 NOSSAMAN.GUT VER.KNOXSELT 7145453270 P.05 • W'O33AMAN, CUTT1NEK, KNOX • ELLIOTT Planning Commission City of Pain Desert December IS. Seel Pape 2 The problems ere summarily dismissed by the simple unsupported conclusions that the trsEfic study done by Palm Desert is not consistent with that done by the City of Iodise wells. and therefor• the City of Indian Wells traffic study is wrong. We think that this is $ superficial snslysis that can only be $ presage to the inevitable problems crested by poor planning. The conflicting conclusions based upon traffic data from the Palm Desert and Indian Wells studies of the same subject warrant further analysis before jumping to the wholly unsupported conclusion that the data of the Pelm Desert study is sound, while that of the Indian Wells study is to be ignored. The Palm Desert Capacity Calculations, based on average daily volumes, rather then peek hour volumes, are not only highly unusual, but also logically suspect. The resultant unrealistic LOS levels ere readily apparent from any inspection of Monterey Avenue south of I-10, which according to the Palm Desert study now is st LOS level 'P.' Turthsr, traffic generation figures are based upon non -comparable conditions which ■lso produce unrealistic results. we think that the following staff report comment seriously needs to be re-evaluated in tbs more responsible contest of established planning by lots/ governments sad the patently regional nature of the traffic circulation system serving not only adjacent cities and unincorporated county territory but also the City of palm Desert; 'Palm Desert has no commitment to any street pattern in the eastern sphere of influence nor does palm Desert hove any obligation to provide vehicular access to • property in another city.' finally, since these actions by the City of Palm Desert are but a preliminary step in the annexation Of the GOOd Samaritan Villsge. Lakes Country Club golf course expansion property end adjacent 100 undeveloped and uninhabited acres, we believe that further analysis of the annetation procedure initiated by the City of Palm Assert would be appropriate, even though ostensibly initiated by sone Of the presumably registered voter residents of the Good Samaritan Retirement Village. 25 M1NUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 e • • • • • • • • • • • • • • a • • • • • • a • • EXHIBIT "C" 05/12/1988 14:07 FDSSAMAN.GUTHNER,KNa(SELT 7145453270 P.06 1,J33AMAN, CUTHN!R, KNOX 1 ELLIOTT Planning Commission City of Palm Desert December I. 1987 Pegs 2 We urge the Planning Commission to consider carefully the issues stated in this letter. In the event that they ere not addressed appropriately in any action by the Planning Commission on these matters, we will address these issues again before the City Council of the City of Palm Desert. JE3/lmb 1346E Ver truly yours. 0 es E. isickson J J� —vt $O8UAW1N• COMM. XflOX • ELLIOTT 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 121988 + • al+ . • • . . . . • • • * + + + + • • . ., + * • EXHIBIT "C" 3`-':2 1988 14:07 NOSS AMAN' GUTFtFR . KNO)CSELT WILAMMMO .an...r,.a. ,.... r IMP. .illM..... U. MPS ,w 4S. ....w.. �!efi IO. , s a•YN...M► Mm,WtMa.. M w-..a/.. ...N Wi.N w+ s+++r NO5SAMAN. GUTMNtR. KNOR • 11110RT M+.O. MO.O NO Meru ss.m. Nuts owes w" eOOM MOM M OAM.M1 FM 0111/00,1114 w..ww. w w••0011 January 4, 1020 31.1.2Alisam Davie J. Ervin, Cltr Attereey City of Pala Desert S alt, fast & Krieger 11l700 mob Rope Drive, Suite 312 Raaeho Mirage, California 01a7$ 7145453270 P.07 W Mae e ia�a tla " OM 4o vie emir M.6..M....moo. IOW SWIM Slaw Ora more* mom Ia..M.[. lie 474,40• des Cif* of P IR e.■ rt eP& ■0.a ■nd ■26 1 O ast Saves I am writing to ea :ass cantata eeaoeraa that wettest, Sunrise Company, bs■ about the reteresesd actions glassed by the Cityof Palm Desert. 'those 'sties' necessarily affect be litigation now ongoing aaoag the City of Psis' Desert. the City Of Indian Wells and sunrise ooapasg►. As you know, the pleasing commission for the City •f Palm Desert recently toot lotto& en the gaasrai plan smeadmsat sad sons change referred to above. the effect of which le the deletion of lsl Dorado Drive north of Assess 42 sae deletion of assails s: as a major east's's% collector street. we action that oeatradiots the wasting general plea attestation elements of the City Of iodise walls, City of Pell Desert sad csaaty of Riverside, as well ss.tbs SCAR trsaspsrtstlsm model. tat surprisingly, sacb deletion would be analog problem for the Runterrs proiset. On Dsoember 10 1007 this *flies. representing Sunrise ceepeeydeliveted a letter to the planning commission of the City of Palm Desert, deteiitag our client's obiectioas to the City's propose settee. I an societies s copy Of that letter for your ssferesee. in accordance with the general plan to the City of Polo Desert has proposed the creation of • olrssitess eelleetor level (to foot right-of-way)) street system desigaad to issss the Ito -acre ores which is tbe subject of emeadaeet• with eeaasntios to tovlsy Lase west et its present easterly taraiaus 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • NAY 12, 1988 • • • i • • • • • • • • • • EXHIBIT `C. 1�SMAMA . win. "la. r OSSw1WJ.GLI7W ER.KN0C8EL7 >oirid J. stria, City Atterae, lesescy e. 3144 Page s 7145453270 P.08 and with connection to !i Dorado et its asvtherly !systems. using this proposed street plea. Further. Morley Loss sad !1 Dorado would eat e.ouct with 42ad Arenas. As you else bar. the aireulitiOa 'rites for 'sateen' provisos for its oasis entrance Dimity of =tsesioa et X1 Dorado at 42n0 Avenue sod by conasctios of 43nd Atreus with Reeley Leas to the west. Sunrise Cornrow is !harslet* *tooted te the cheese is the Circulation el./mat el the general lad proposed by the City at Pala Desert. it is difficult to sa6srstsad hew the City *sold. be proposiep such a *hangs et s ties whim the parties ore se Close to sesolviag their dlileresoee in the lawsuit brows es jf. of Pile Desert_ et al_ *_ Cit �i isiiap Willa. t ■l_, Cass no. radio 10111. Motwitbat adin4 g client's objectless to the Palm Desert proposal. it IS genuinely tstsrested is settling the pendia. lawsuit. After flush sewiderstisa, is en effort to resolve Pals Deserts senoras end to avoid further iitisatios, we propose the teliwisst ><. Si Dorado w411 be attended is e Peet et4 direction es a as foot right -*twiny to the fester Of the street (which is the seas street e.otioa as aw *slats south et Country Club Drive). etsrosleately 1220 feet. to the pint where Pala Desert proposed to tuna El Dorado to the west. M. Oros this sew southerly extension point earth to COostry Club Drive, *1 DorsOs will be s esater-minimise median street, with trsrsi lanes en the Pete Desert side et the street 24 feet wide and s nibs -toot bait oodles. "tittle ea the isle d esert side of the mediae will be earMsy, tree eetth to t eeth. Os the easterly side will be the ether Mode -test colt of the *ester notion sad s right -et -way et SS tootea turn aster iisa with travel lanes 24 toot wide et mere. !ratite es the easterly side of the mates will be see way. tree south to t est►. 3. As the estimates of St Dorado to the south • spproaebss the iatstsectton whet* Pala Desert proposal the westerly ooaaeetloa. 21 Dorado will crisp to the southeast to fremote s smooth flow of traffic este a private °striae* street or suetsrta, es property °wood by Searle*. At this petit of iat.rs.ctloa, the proposed westerly esesecties to u Dorado will swing slightly to the aoutheast, to permit e r sht•asgle let.r.setioa. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • a • • • a • • • MAY 12, 1988 • • • • EXHIBIT "C" P3AMA... Lw i: �99 .. l4'C:8 1A755WYiN GUTFf ER KfIQxBEL? David o. Sowie. City Atte:soy Ossuary 4. lett Pape$ 7145453270 P.09 A stop sills will be glared at this transmitter). whisk will stop traffic Roving from west to east. A break is the Wits tslaad will p.rsit this trettle to go North on s1 Dorado. the median Isles& will b. designed so as to prohibit tho traffic Eros Ouster's free turaiso left (west) Soto sell Desert. Obis pr oposed essflguratt.s to shows ea the sttssh.d plan. 'inhibit A4. !b. City of Palm Desert will require the developers .f the currantlr unimproved property adjacent to the approsia t.lr 1330 foot future southerly ostensible of 11 Dorado to landscape the parkway sad cesatruct t •ts toot mssosrr well • to st.n0srde oqual to that wall sdjocost to The Lakes Couatry Club parkway. along •sisttas tl Deride. The City -will •l.o require contribution to the eouatructtas. it kttog. landscaping and irrlaatioa of half of the waits ales, this seas 1320 feet to •tanda:ds equal to toese of the wdlo•• ea Country Club O live sdj.ceat to The Lakes Couatry Clpb. S . Susrtso Comport will Ogres to the some stem/aria Of Improvements en the easterly halt of the Males sad the orlon? from the stb.rly ostsasioa •f sl do to Cowtcy CwDora Club Drivs. a. The City ..kaowl.d ss that Ovaries has deposited funds with niv.rsid. Cetiaty for Ta% of the coat of tba trsffie stgsai at tbe iat.r...tl.s of Country Club Drive sad 11 Dorado. Sunrise egress to eestrtbuts the remaining Sit aM the City agrees to esep.rste is the Mesita et eee.ormeesorr • provals for iastsilsti.o sea epssettos of this signal •Jltsaeou•ly with the *postai .f Phalli 1 of Sustsrrs. 7. iosrieo agrees to mistreat at Its vole espouse s Coster metes on Del Select (Avosdsts) Drive Item the iatsrsaetton of Country Club Dries to the intersection of Trash S inatra Drive to sts.dsrdr equal to the media► on Country Club Olive adjacent to The Lobos eewster Club. Csepistles of these iaprovwats will o.ioside with the sprain of lies. 1 of fasters. S . The City et pals Dosart will 000peret• with Suastss Is seeming el Dosed* Drive (sal 001 Satesi/Avondale Criss) Isom tb. •outb.sly and of el Dorado to Freak Metre O live to •Seaters !Mies.* 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12. 1988 • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT 'C" (-2,`'12,1988 14•09 ta3SSArki.GuT9ER.K11cXaELT Msrid J. sswia. Pity httataay Aha$ary a, loll Pogo 4 714 453270 P.10 /ottleasat negotiations Aare bees sagging is tM litigation roforroa to above for several months. All of the *rafts of tbo •duaaary of dettlsnent Priselplag' srrrs'tly Uses: discussion in aaancation Mitt test litigation have ooateinsd a provision wtsicb reads sd follsrat 'Petitioner bag ',rood to kitLin other 'ctioa. slain or prcaoediaa wkeh bee talepurpose. or will pro tbs effect of preventing or deploying the Willis, et Swtorre. bstsialp. so one bps sspraesad say *Ideation to nab° • provision is all tbo disaussios tbst ins takes place about esttlwat. Tow on. !be:afore. •oderataso s t soncsra shoot tbs titre proposed ,sacral plan $seadosat ssd you trust also Understand our insistence opoa reaoliiag this sew issue in tbo sours' of resolving all etbar eiffsrsacas 'Wetly raised is the pending litigation. 1N look forward to peer tesposse es/ t• ss asiaabls S ettioosat of the EOM seaaiatag ditferssosa Mtrsas the potties. Pleas* let ne MAW if you live sst CUtatia•a. 11Ais isolosuse Oai lanes i. ltrioks .. list. 0131f/1ro1HHsa 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT "C" OS'12'1988 14:10 NOSSA^tAN.GUTFtER.latnELT • t • 1 • • IaMbit •V' • • 7145453270 P.11 t�. 1 • • • • • tl • • • J • 31 TOTAL P.11