HomeMy WebLinkAbout1988-09-08MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 8, 1988
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:00 p.m.
I1. 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
Carlos L. Ortega, ACM/Director of Redevelopment Agency
Doug Phillips, Deputy City Attorney
Sheila R. Gilligan. City Clerk/Public Information Officer
Richard J. Folkers, 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, Finance Director
Frank Allen, Code Compliance Director
Patrick Conlon. Director of Building & Safety
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of August 11,
1988, the Joint Meeting with the Redevelopment Agency of
August 25, 1988, and the Adjourned Meeting of August 29,
1988.
Rec: Approve as presented.
8. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Register Nos. 0626, 0704. 0708, 0711, 0801. and 0807.
Rec: Approve as presented.
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
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C. REQUEST FOR APPROVAL of Refunds of Deposits Made for the
Haystack Channel.
Rec:
By Minute Motion, instruct the Director of
Finance to refund the $100.00 contribution to
those individuals who made same.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Coconut
Telegraph Enterprises, Inc. for Spiaggia, 72-760 El Paseo,
#D-7, Palm Desert.
Rec: Receive and refer to the Department of Community
Development for processing.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Los Angeles
Wine co., inc. for Los Angles Wine Co.. 72-608 El Paseo,
#2, Palm Desert.
Rec: Receive and refer to the Department of Community
Development for processing.
F. RESOLUTION NO. 88-114 - A Resolution of the City Council
of the City of Palm Desert, California. Setting Forth Its
Findings and Authorizing the Destruction of Files from the
Department of the City Manager That Have Been Microfilmed.
Rec: Waive further reading and adopt.
G. REQUEST FOR APPROVAL of Contract No. 00-311 in the Amount
of $I6,643.78 for the Purchase of Three Additional
Christmas Trees, Three Decorator Kits, and Storage,
Installation, and Removal of Trees for 1988 Holiday
Season.
Rec: By Minute Motion, approve the contract and
authorize the Mayor to execute same.
H. REQUEST FOR APPROVAL of Contract No. 00-312 with Willdan
Associates for Plan Check Services.
Rec:
By Minute Motion, approve the non-exclusive
proposal (Contract No. 00-312.1. with Willdan
Associates.
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
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I. REQUEST FOR APPROVAL of Contract No. 00- 297 for
Landscape Maintenance of the Fred Waring Drive, Monterey
Avenue, and Magnesia Falls Drive Medians.
Rec:
By Minute Motion, authorize the Mayor to execute
Contract No. 00-297 with Environmental Care,
Inc. for said landscaping in the amount of
$14,808.
J. REQUEST FOR APPROVAL of Contract Nos. 00-313 (Brown and
Diven 00-314 (Kicak & Associates) for the Flagstone Lane
Assessment District No. 88-2.
Rec:
By Minute Motion: 1) Authorize the Mayor to
enter into Contract No. 00-313 with Brown and
Diven bond counsel services in an amount not to
exceed $7,500; 2) Authorize the Mayor to enter
into Contract No. 00-314 with Kicak & Associates
for engineering services In the amount of $9,500
and authorize a ten -percent contingency of $950.
K. RESOLUTION N0. 88-115 - A Resolution of the City Council
of the City of Palm Desert, California, Rescinding a
Portion of Resolution No. 88-5 Which Vacated Property
Described in Exhibits "0", "D-1", "E", and "E-1".
(Superblock 1).
Rec: Waive further reading and adopt.
L. CONSIDERATION, of the North Sphere Specific Plan and
Consultant Contract No. 00-136.
Rec:
By Minute Motion, terminate the present
contracts with WRT based on the reasons set
forth in the staff report dated September 8,
1988, and reimburse the firm of Wallace,
Roberts, & Todd for work completed to date.
M. REQUEST FOR AUTHORIZATION_ to Advertise and Ca11 For Bids
for Contract No. 00-315, Landscape Maintenance of Cook
Street and Country Club Drive Medians.
Rec: By Minute Motion, authorize the City Clerk to
advertise and call for bids for said contract.
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N. REQUEST FOR AWARD OF CONTRACT N0. 00-298 for Joslyn Cove
Senior Center Improvements.
Rec:
By Minute Motion, award Contract No. 00-298 to
Roberts Construction Co. in the amount of
$528,752.00 (base bid) for said improvements.
Councilman Kelly asked that Item N be removed for separate
discussion under the Consent Items Held Over portion of the
agenda. Councilman Crites also removed Item L.
Upon motion by Crites, second by Kelly, and unanimous vote of
the City Council, the remainder of the Consent Calendar was approved as
presented.
VI. ORAL COMMUNICATIONS - A
MR. FRED FERN, 49-591 Canyon View, owner of the property at the
corner of El Paseo and Highway 74, stated he had attended the
meeting so that he could advise the City Council as to when the
building would be completed. He said the major structure was
completed and that he now needed to obtain leases. He said he
felt It was very important to obtain the right tenant mix for
the building. He distributed a list of the timetable for
completing the window treatments (on file and of record in the
City Clerk's Office).
Mayor Benson expressed concern that the windows be completed as
soon as possible and said the Council was not aware that the
glass would be put in in phases. She said that by December
15th she would like to see either tenants in the offices or the
windows completed.
Mr. Fern stated that he, too, was unhappy with the way they
looked and assured the Council that they would be done by
December 15th.
VI1. RESOLUTIONS
None
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VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 558 - 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 COOK STREET BETWEEN COUNTRY CLUB DRIVE
AND FRED WARING DRIVE.
Mr. Folkers reviewed the staff report and traffic
engineering study, noting that the intent was to have a
uniform speed limit throughout this area.
Upon question by Councilman Kelly, Mr. Folkers responded
that the 45 mph limit would include the area by the Palm
Desert High School. He said if the City Council felt
there was a lot of pedestrian activity and that it was
advisable to lower the speed to 25 mph, it could do so at
some future time.
Councilman Wilson moved to waive further reading and pass
Ordinance No. 558 to second reading. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
B. ORDINANCE NO. 559 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
15.16.012 - SECTION 10.309(b)5 OF THE MUNICIPAL CODE
DEALING WITH AUTOMATIC SPRINKLER SYSTEMS IN CERTAIN
OCCUPANCIES.
Mr. Altman stated that Fire Prevention Specialist Jim
Reeder had prepared the report submitted to the City
Council. He said that basically this would be an upgrade
in the City's sprinkler ordinance.
MR. JIM REEDER addressed the Council and reviewed his
report. noting that this change had come about as a result
of the recent fire at the Lexington Hotel in Cathedral
City. He said this ordinance would delete the portion of
the Municipal Code which allows NFPA 1 3-D Life Safety
Systems to be installed in R-1 occupancies (including
hotels, motels. and apartment buildings) larger than 5,000
square feet in lieu of normal commercial 13-0 fire
suppression systems.
Upon question by Councilman Kelly, Mr. Reeder responded
that the commercial system would be approximately 20% more
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8. 1988
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costly to install. Councilman Kelly asked whether this
had been presented at a Public Safety Commission meeting,
and Mr. Reeder responded that it would be discussed at the
next meeting.
Councilman Wilson complimented the Fire Department for
initiating this amendment and moved to waive further reading and pass to
second reading. Motion was seconded by Benson and carried by a 4-0-0-1
vote. Councilman Snyder ABSTAINED from voting. noting that he felt it
should have been presented to the Public Safety Commission first.
Mr. Reeder noted two typographical errors in the proposed
change: 1) The heading should be changed to reflect
Section 10. 309 (b) 5: and 2) In l i ne 3. "gross flow" should
be changed to "gross area".
For Adoption:
A. ORf) I NANCENO. 547 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT. CALIFORNIA. INCREASING THE
TRANSIENT OCCUPANCY TAX IN SAID CITY FROM 6% TO 8%, AS
APPROVED BY THE VOTERS OF PALM DESERT AT THE NOVEMBER 8.
1988, SPECIAL ELECTION.
Councilman Kelly moved to waive further reading and adopt
Ordinance No. 547. Motion was seconded by Crites and carried by a 4-1
vote, with Councilman Wilson voting NO.
B. ORDINANCE NO. 549 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 107, THE PALM DESERT ZONING ORDINANCE, BY CHANGING THE
ZONE FROM P.R. 7 - S.P. TO PUBLIC (P).
Councilman Snyder moved to waive further reading and adopt
Ordinance No. 549. Motion was seconded by Wilson and carried by
unanimous vote of the Council.
C. ORDINANCE NO. 553 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT. CALIFORNIA. AMENDING SECTION
2.20.020 OF THE MUNICIPAL CODE OF SAID CITY AS IT RELATES
TO THE TERMS OF PLANNING COMMISSIONERS.
Councilman Crites stated he felt instead of removing the
section of the Code limiting Planning Commissioners to two
terms, the restriction should be extended to all City
commissions and committees. He said there were many
citizens wishing to participate in the City's government,
and he would have no objection to a citizen serving two
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terms on one commission or committee and then serving on a
different one or going off for a certain period of time
before serving again. He said he felt time away was
valuable.
Councilman Kelly agreed with Crites and said he felt once
a citizen served two terms on one committee or commission,
it would be appropriate for them to serve on another in
order to broaden his or her own experience.
Councilman Wilson said he felt the current ordinance was
hypocritical and that the Council should be able to decide
whether or not to appoint a committee or commission member
to a third term. He said he felt this ordinance should be
adopted for the sake of consistency.
Councilman Snyder stated he was in favor of amending the
current ordinance because the restriction applied only to
the Planning Commission. He said he could see no
Justification to limiting the terms to two.
Mayor Benson said she felt this ordinance amendment would
bring the Planning Commission into conformance with the
other City commissions and committees.
Councilman Snyder moved to waive further reading and adopt
Ordinance No. 553. Motion was seconded by Benson and carried by a 3-2
vote, with Councilmen Crites and Kelly voting NO.
D. ORDINANCE NO. 555 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND
SCHMITZ ENTERPRISES, INC. INVOLVING A CONDITIONAL USE
PERMIT TO CONSTRUCT A 17-UNIT SENIOR CITIZEN APARTMENT
PROJECT ON THE SOUTH SIDE OF SANTA ROSA, APPROXIMATELY 200
FEET EAST OF SAN PASQUAL AVENUE. CASE N0. DA FOR CUP 88-2.
Councilman Crites moved to waive further reading and adopt
Ordinance No. 555. Motion was seconded by Benson and carried by
unanimous vote of the Council.
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E. ORDINANCE NO. 557 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT RELATING TO FENCE AND WALL LOCATION,
HEIGHT AND MATERIALS. CASE NO. ZOA 88-3.
Mr. Altman stated that no changes had been made since
introduction of this ordinance and recommended its
adoption.
Councilman Kelly stated that he was absent when this
ordinance was introduced and asked for a brief background.
Mr. Diaz did so, noting that staff's recommendation when
this ordinance was introduced was that the Council go with
Option 1 on the back page.
Councilman Wilson moved to waive further reading and adopt
Ordinance No. 557. Motion was seconded by Snyder and carried by a 4-0-1
vote, with Councilman Kelly ABSTAINING.
F. ORDINANCE NO. 556 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND A CHANGE OF ZONE
REDESIGNATING FOUR PARCELS ON THE EAST SIDE OF ACACIA
DRIVE SOUTH OF ARBOLEDA AVENUE FROM R-1, 12,000 TO R-3,
12,000 TO PERMIT CONSTRUCTION OF A GREENBELT AND PARKING
LOT SERVING THE TOWN CENTER APARTMENTS TO THE EAST,
REZONING OF THREE PARCELS FROM R-2 S.P. TO OFFICE
PROFESSIONAL, TWO PARCELS FRONTING ON THE NORTH SIDE OF
FRED WARING DRIVE BETWEEN MONTEREY AVENUE AND ACACIA DRIVE
AND A THIRD ADJACENT PARCEL FRONTING ONTO ACACIA DRIVE,
SUBJECT PARCELS MORE PARTICULARLY DESCRIBED AS LOTS 1, 19,
20, 21, 22, 23, AND 24 PALM DELL ESTATES MB 21/66. CASE
NO. C/Z 88-5.
Councilman Snyder moved to waive further reading and adopt
Ordinance No. 556. Motion was seconded by Wilson and carried by
unanimous vote of the Council.
IX. CONSENT ITEMS HELD OVER
L. CONSIDERATION of the North Sphere Specific Plan and
Consultant Contract No. 00-136.
Upon question by Crites, Mr. Diaz responded that staff was
prepared to take over the North Sphere Plan and bring It
to completion. He added that at the next City Council
meeting staff could present the project and plan that was
recommended by the committee. As far as the final
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timetable. that could also be provided at the next
meeting.
Mr. Altman added that the subcommittee had gone through
the WRT plan and made several changes. He said staff felt
it could take over and do the job in an equally good
manner and save money as we l 1 . He said he would have no
problem in continuing this item to the September 22nd
meeting.
Councilman Wilson moved to, by Minute Motion, continue this
Item to the meeting of September 22, 1988, and direct staff to make a
presentation relative to the plan to date. Motion was seconded by Kelly
and carried by unanimous vote of the Council.
N. REQUEST FOR AWARD OF CONTRACT NO. 00-298 for Joslyn Cove
Senior Center Improvements.
Councilman Kelly stated that although he did not have a
problem with staff's recommendatlon, he did want to know
how the alternates listed In the staff report would be
handled. He said he would like to see a stipulation that
no priorities would be set as far as which alternates
would be done and that the Council would address them If
and when it was determined that there were sufficient
monies available.
Councilman Kelly moved to, by Minute Motion, award Contract No.
00-298 to Roberts Construction Co. in the amount of $528,752.00 (base
bid) for improvements to the Joslyn Cove Senior Center. Motion was
seconded by Snyder and carried by unanimous vote of the Council.
X. NEW BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENT NO. -3 TO JOINT POWERS
AGREEMENT NO. 00-316 OF THE COVE COMMUNITIES PUBLIC SAFETY
COMMISSION TO INCLUDE THE JOSLYN COVE SENIOR CENTER.
Mr. Altman briefly reviewed the staff report, noting that
he would suggest that the Council approve staff's
recommendation, contingent upon approval of the other two
member cities of the Public Safety Commission.
Mayor Benson asked if a separate Joint Powers Agreement
could be set up for just the Senior Center. Mr. Warner
responded that the procedures for setting up a JPA were
complex and that staff felt an amendment to the existing
agreement would be the easiest way to go in this case.
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
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Councilman Wilson moved to, by Minute Motion, refer this matter
to staff to explore the possibility of a separate JPA for the Senior
Center, to include the three cities of the Public Safety Commission and
Possibly the County of Riverside. Motion was seconded by Benson and
carried by unanimous vote of the Council.
B. CONSIDERATION OF RECOMMENDATIONS DEALING WiTH THE
COMMERCIAL AREA PARKING STUDY AND RECOMMENDATION ON
PRESIDENTS' PLAZA EAST PARKING LOT - ELEPHANT BAR
RESTAURANT.
Mr. Diaz reviewed the two staff reports, noting that a
representative from Bank of America had called and donated
$1,000 for temporary parking. He recommended that the
Council approve the recommendations as set forth in the
staff reports.
With regard to the President's Plaza East Parking, Councilman Crites
moved to accept the contributions from private business for temporary
Paving of the parking lot. Councilman Wilson seconded the motion which
carried by unanimous vote.
With regard to the Commercial Area Parking Study, Councilman Kelly
moved to direct staff to proceed with recommendations 1 through 5 in the
staff report, and Councilman Snyder seconded the motion. Motion carried
by unanimous vote. Councilman Wilson noted that staff would be coming
back with a report on policy issues more acceptable.
C. REQUEST FOR APPROVAL of Contract No. 00-317, a Cooperative
Agreement with the Housing Authority of the County of
Riverside.
Mr. Altman stated that several of the issues involved in
this matter required a Closed Session and asked that the
Council continue this item to the 7:00 p.m. portion of the
meeting.
Councilman Wilson moved to continue this item to the 7:00 p.m.
Portion of the meeting. Motion was seconded by Crites and carried by
unanimous vote of the Council.
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
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XI. CONTINUED BUSINESS
A. REQUEST FOR AWARD OF CONTRACT NO. 00-269 FOR THE SUPPLY
AND INSTALLATION OF CARPET AT THE PALM DESERT LIBRARY.
(Continued from the meeting of August 11, 1988.)
Councilman Wilson moved to, by Minute Motion, authorize the
Mayor to enter into an agreement with Nickell Flooring & Custom Draperies
for the supply and installation of carpet at the Palm Desert Library in
the amount of $8,175, and authorize a ten -percent contingency in the
amount of $817.50. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
B. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS
TO INSTALL TRAFFIC SIGNALS AT THE INTERSECTIONS OF PORTOLA
AVENUE AT RUTLEDGE WAY AND PORTOLA AVENUE AT MAGNESIA
FALLS DRIVE (CONTRACT NO. 00-296). (Continued from the
meeting of August 11, 1988.)
Mr. Folkers reviewed the staff report, noting that after
the Council meeting of July 14th, staff had retained a
consultant to study this area and provide input that may
have been overlooked. Staff's recommendation was now that
a signal be installed at the corner of Portola Avenue and
Rutledge Way. He added that the consultant also
recommended that a sidewalk be installed along the west
side of Portola Avenue between Magnesia Falls Drive and
Fred Waring Drive.
Councilman Wilson again expressed concern with the future
possibility of having a signal at both intersections.
Councilman Kelly moved to, by Minute Motion: 1) Authorize the
City Clerk to advertise and call for bids for the subject project; and 2)
Appropriate $25.000 from the Unallocated General Fund Budget Reserve for
sidewalk installation along the west side of Portola Avenue from Fred
Waring Drive to Magnesia Falls Drive. Motion was seconded by Snyder and
carried by a 4-1 vote, with Councilman Wilson voting NO.
C. CONSIDERATION OF PETITIONS FROM RESIDENTS ON FRED WARING
DRIVE RELATIVE TO SPEED LIMITS AND TRUCK ROUTES.
Mr. Folkers reviewed the staff report, noting that in
reviewing the traffic engineering study as well as driving
and observing street conditions, staff's recommendation
was that Fred Waring Drive be continued as a truck route
and that the posted speed limit of 40 miles per hour be
retained.
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
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Upon question by Mayor Benson regarding limiting the
volume of truck traffic at night, Mr. Folkers responded
that the problem would be with enforcement of such a
limitation. She said she was also concerned with the
speed on Fred Waring.
Councilman Kelly noted that the City had designed its
traffic flow so that Fred Waring Drive was one of the
major east/west routes.
MR. COREY BARBER, 74-052 Fred Waring Drive, expressed
concern with increased Injuries that could result from
having truck traffic In an area where there are children
playing. He said he did not feel the Police Department
was monitoring the traffic as much as it should.
Councilman Kelly stated that he had recently gone on a
"Ride Along" and was very proud of the professionalism
shown by the Police Department.
Mr. Folkers stated that due to the timetable involved in
getting a report to Council for this meeting, all of the
Information received was prior to the start of school. He
recommended that staff perform another study now that
school has started.
It was Council's consensus that staff be directed to perform an
additional traffic study now that the school year has started and to
analyze whether or not there would be an appropriate time to restrict
truck traffic on Fred Waring Drive.
D. CONSIDERATION OF NAME FOR NEW CONFERENCE ROOM.
Councilman Wilson moved to, by Minute Motion, direct the Mayor
to appoint two Councilmembers and two staff members to a committee to
review the many names submitted for the new conference room and to select
no more than three suggestions to be considered by the City Council.
Motion was seconded by Crites and carried by unanimous vote.
XII. OLD BUSINESS
None
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
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XIII. REPORTS AND REMARKS
A. CITY MANAGER
Golf Cart Parade
Mr. Altman stated that the Golf Cart Parade was scheduled
to be held on October 23rd and that the Sheriff's
Department had expressed concerns relative to closing off
the streets.
Mr. John Wohlmuth, Administrative Assistant, said this
concern was mainly regarding closing El Paseo for two
hours for a benefit run scheduled to be held from 8:00
a.m. to 10:00 a.m.
Mr. Altman stated that staff Just wanted to make the
Council aware of this issue and that a recommendation
would be made at a future Council meeting.
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:,
None
o City Council Committee Reports:
Mayor Benson reported that she and Mr. Ortega had met
with Stuart Nazarro and the plant manager of Palmer
Cablevision the previous day relative to complaints
about cable service in the Sandpiper and Haystack
areas of Palm Desert. She said they were assured
that money had been budgeted and that work would be
in these areas in the next several months. She said
as far as complaints regarding the people at Palmer
Cablevision, they were aware that they needed to have
some in-house training programs and would actually be
doing so in the future.
XIV. ORAL COMMUNICATIONS - 8
None
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
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Councilman Crites moved to adjourn the meeting at 6:10 p.m. to
Closed Session pursuant to Government Code Sections 54956.8, Real
Property Transactions (northwest corner of Monterey Avenue and Fred
Waring Drive), and 54956.9 (a) and (b), pending and potential litigation.
Motion was seconded by Wilson and carried by unanimous vote of the
Council.
Mayor Benson reconvened the meeting at 7:00 p.m. with no action
announced.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
NEW C. REQUEST FOR APPROVAL of Contract No. 00-317, a Cooperative
BUSINESS Agreement with the Housing Authority of the County of
Riverside.
Mr. Ortega reported that the item before the Council was
an agreement that would allow the Housing Authority to own
and operate low and moderate income housing units in the
City
MR. BILL ROSENBERGER, Executive Director of the Housing
Authority, addressed Council and stated that that was all
the agreement would do and offered to answer questions If
Council had any.
Councilman Snyder asked If the City would continue to have
control over zoning and building standards. Mr.
Rosenberger responded that the City would maintain those
controls at any level it chose. He said that the need for
this type of housing had increased dramatically, but
nothing had been done to attract developers. He said the
low and moderate income housing fund could be used to
generate about $100,000,000 in housing or about 1,800
homes depending on the quality. He said the Housing
Authority would be the owner/operator of the property
after it was developed. He noted that at any time the
City determined that the housing need had been met, the
bonds could be refunded or money could be used in an
unincorporated area of the County for the same type of
housing.
Councilman Wilson asked about the level of maintenance
provided for these projects, and Mr. Rosenberger responded
that the properties were well maintained and in fact were
improvements to the surrounding areas in the Cities of
Cathedral City and Desert Hot Springs. He said they were
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not high crime tenements; residents were expected to
respect the property and if not, they were evicted.
Upon further question by Wilson, Mr. Rosenberger responded
that the City's Code Enforcement regulations would be
upheld.
Mr. Crites stated that the City would maintain all rights
and privileges with regard to height, setbacks, square
footage, density, zoning, etc. in these projects, and Mr.
Rosenberger responded that was correct.
Upon further question by Crites, Mr. Rosenberger responded
that the City would continue to have a limited financial
obligation only in the sense of a reserve that will keep
revolving at 1.42 times the debt service amount of $2,000
per unit up to that amount if it is necessary.
Councilman Wilson moved to authorize the Mayor to execute Contract
No. 00-317 with the Riverside County Housing Authority, and Councilman
Kelly seconded the motion. The motion carried by unanimous vote.
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS. PRESENTATIONS. AND APPOINTMENTS
None
XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF A REQUEST FOR APPROVAL OF A PRECISE PLAN
OF DESIGN AND DEVELOPMENT AGREEMENT TO CONSTRUCT 612
APARTMENTS ON THE SOUTH SIDE OF HOVLEY LANE, APPROXIMATELY
1.300 FT. EAST OF PORTOLA AVENUE. COOK HOVLEY STREET
ASSOCIATES, APPLICANT. (Continued from the meetinas of
July 14 and August 11. 1988.)
Mr. Altman recommended that the Council continue this item
to the meeting of September 22. 1988. at the request of
the anpliCant.
Mavnr Benson noted that this was a continued public hearing and
Invited testimony from the audience.
MR. MIKE MITCHELL. 40-668 Meadow Lake. spoke as the
representative of Monterey Meadows homeowners. He said
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
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their concern was that this protect would make the area
less desirable and would lower property values and erode
the tax base.
MR. BRUCE ABRAHMS, 143 Tourmaiinos, represented the
Chaparral Homeowners Association. He said the Board of
Directors was opposed to the proposed name (Chaparral) and
was concerned that it would result in problems with
emergency personnel trying to respond to calls. He was
also concerned with increased traffic and felt a signal
should be installed at the intersection of Portola Avenue
and Hoviey.
Upon question by Councilman Wilson relative to changing
the name of the protect, Mr. Diaz responded that the
concern had been discussed with the developer and that
staff had urged that the name be changed.
Councilman Snyder moved to continue this matter to the meeting
of September 22, 1988. Motion was seconded by Wilson and carried by
unanimous vote of the Council.
B. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT, CHANGE OF
ZONE FROM R-3 (HIGH DENSITY RESIDENTIAL) TO O.P. (OFFICE
PROFESSIONAL), PRECISE PLAN AND PARCEL MAP FOR A 24,000
SQUARE FOOT MEDICAL BUILDING LOCATED AT THE SOUTHEAST
CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE. LEVI H.
LEHV, M.D. AND LEROY MILLER, APPLICANTS. (Continued from
the meeting of August 11, 1988.)
Mr. Drell reported that staff was directed at the August
filth meeting to lessen the impact of the building on the
corner of Fred Waring and San Pablo. He reviewed the
staff report and site plans, noting that the Architectural
Review Commission was happy with the new plan. He said
staff's recommendation was that the resolution be adopted
approving the precise plan and that the ordinance changing
the zone for this property be adopted.
Upon question by Mayor Benson relative to landscaping of
the parking lot, Mr. Drell responded that it had the same
tree mix as the Civic Center.
Councilman Wilson expressed concern with the planter boxes
around the tress, noting that in the past they were not
large enough for growth. He asked if staff was
comfortable that there would be sufficient space for root
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
development so there would be a canopy shade tree effect
two to three years down the road. Mr. Drell responded
that the boxes were four feet in width.
Councilman Crites congratulated staff and the developer
for bringing back an excellent design which included a
fountain treatment to soften the corner and draw away from
the harsh lines of the building.
Councilman Kelly asked whether consideration had been
given for a public transportation stop.
Mayor Benson noted that this was a continued public hearing and
invited testimony in FAVOR of this project.
MR. MICHAEL BUCCINO, 74-133 El Paseo, spoke as the
landscape architect and discussed the architecture of the
building and the artistic statement at the corner. He
said if the Council wished to have a bus stop In front of
the project, he would be happy to work with staff In
providing a sitting area with trees, etc.
Councilman Kelly stated that he would work with Mr. Diaz
and check with Sunline Transit about requirements for a
bus stop.
With no further testimony offered. Mayor Benson declared the
Public hearing closed.
Councilman Wilson moved to: 1) Waive further reading and adopt
Resolution No. 88-116. approving a precise plan. a parcel map, and a
negative declaration of environmental impact: and 2) Waive further
reading and adopt Ordinance No. 553, changing the zone on said property.
Motion was seconded by Crites and carried by unanimous vote of the
Council.
C. CONSIDERATION OF THE FORMATION OF PROPOSED UNDERGROUNDING
ASSESSMENT DISTRICT 88-1. (Continued from the meeting of
August 11, 1988.)
Mr. Conlon recommended that the Mayor open the public
hearing and receive any testimony and then continue the
hearing to the meeting of October 27, 1988. He said at
that time engineering drawings would be done for Phases II
and Ill, and testimony could then be received for all
three phases at the same time.
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this matter. None was
offered.
Councilman Crites moved to continue this matter to the meeting
of October 27, 1988. Motion was seconded by Kelly and carried by
unanimous vote of the Council.
D. APPEAL OF PLANNING COMMISSION DECISION BY SUSAN CUSE TO
DENY A PARCEL MAP TO ALLOW A LOT SPLIT, A VARIANCE TO THE
ZONING ORDINANCE TO ALLOW THE PROPOSED LOT SPLIT AND THE
SUBSEQUENT CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AND
GUEST HOUSE ON PROPERTY IN THE WEST HILLS AREA OF PALM
DESERT. (Continued from the meeting of August 11, 1988.)
Mr. Diaz reviewed the staff report, noting that the
original request was for a variance from the hillside
planned residential development standards to allow a
second dwelling unit on the five -acre parcel. He said the
pads In question had already been graded out, and this was
the principle reason for the request for the variance
request. However, it did not appear that the pads had
been graded by permit. He said the Planning Commission
denied the request because it felt Option 3, which would
allow a second dwelling unit if a half -acre parcel could
be found with less than 20% slope, could not be met. He
said that based on Planning Commission's recommendation
and the conclusion that findings for a variance could not
be met nor could the specific requirements under the
different options available within the ordinance be met,
staff recommended affirmation of the Commission's decision
and denial of the request.
Mayor Benson declared the public hearing open_ and invited
testimony in FAVOR of this request.
MR. CHARLES HAVER, 74-390 Highway 111, Palm Desert, spoke
as the engineer for the project. He showed a 12-minute
video of the lot and surrounding hillside area. He said
the pad was constructed before the City was incorporated,
and he felt it was legal and complied with regulations in
effect at that time. He noted that their main concern was
with the purpose and intent of the hillside planned
residential district as set forth In Chapter 25.15.010 of
the Municipal Code. He said they felt the site was unique
because it contained an existing pad, as large as a normal
City lot, on which a home could be constructed without any
grading except limited leveling of two or three feet for
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8. 1988
• • a • • • • • • • • • • • a • • • • • • • • • •
the foundation of the property. He asked that Council
approve this request for a variance.
Mayor Benson invited testimony in OPPOSITION to this request.
None was offered. and she declared the public hearing closed.
Council Comments:
Kelly: Expressed concern with the City's potential liability
in approving projects in the hillside area in terms of
emergency vehicles or other claims being filed because although
the road is there, it is not a dedicated City road. Asked if
it would be a good idea to have the developer sign a Hold
Harmless Agreement.
Mr. Phillips responded that ft was his understanding of the law
that the liability and exposure to the City would be relatively
low. He said that basically it was Council's Job to concur
with the project that was being proposed by a developer and
that it would be primarily the owner/developer of the property
that would be liable. However, Council would want to make sure
it complies with applicable City codes with respect to access,
especially emergency access, and condition the protect
accordingly. He added that a Hold Harmless Agreement could be
a line of defense if the City were sued.
Crites: Felt Council should not base its decision on the
quality of the homes being built or on whether the site is a
high -visibility or low -visibility site. Said there were two
issues at this time: l) Does the project meet the ordinance
known as the "Hillside Ordinance"? Said that the ordinance
Included several options which would allow for development In
the hillsides.' Said it was obvious that Options 1 and 2 would
not work and, according to staff's calculations and Mr. Haver's
estimates, this project would not meet Option 3. Stated he
felt the project did not meet the ordinance and also did not
meet the four requirements for a variance. Although the homes
would probably be aesthetically pleasing, he felt it would set
a poor precedent in terms of enforcement of the ordinance
dealing with hillside development.
Snyder: Concerned that Council not approve something which
does not comply with City regulations. Would have a problem
approving this request based on recommendations by Planning
Commission and staff.
Wilson: Said he had walked the site and that it was graded in
such a way to be conducive for a building or home without any
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
• a a • • • • • • • • • • • • • • • • • • • • • •
further cutting or scarring of the mountainside, which was the
original intent of the hillside ordinance. Was pleased to see
the location of the site was such that it was not visible from
the Valley floor. However, he said the intent of the ordinance
was to limit development in the hillsides by basically allowing
no more than one home on a five -acre parcel, and this was a
request to allow for a second home on one five -acre parcel that
already has a home on it. Said he found it a difficult
decision to make.
Benson: Said she had also looked at the site. Said she was
really adamant about controlling the amount of building on the
hillsides. Felt what was being requested was not appropriate
for the area and said she was thoroughly against it.
Councilman Crites moved to waive further reading and adopt
Resolution No. 88-113, affirming the recommendation of the Planning
Commission and denying the appeal based on the findings that it does not
meet the ordinance or the qualifications for the variance as previously
stated by the Council.
Mayor Benson reopened the public hearing at the request of the
applicant.
MRS. SUSAN CUSE addressed Council and said she had worked very
diligently and with as much effort as she could to have this he
successful project for the City of Palm Desert. She said she
had spent a lot of time finding a place that would be
aesthetically pleasing and not impact the environment. She
said she had met with Mr. Diaz who she felt had encouraged her
to go forward with this project. She said he had advised her
that he could see no problem with the project, that she should
move ahead and work with Charles Haver, and that staff would
find a way to make the project work under Option 3. She
disagreed with Councilman Crites regarding his statement that
the quality of the buildings was not an issue in this decision.
In addition, she said she had met with Mr. Haver's engineer
that day who disagreed with the way City staff had worked out
the numbers for the formula and said there were many ways to
look at those numbers. In fact, she said one of their
calculations was less than .3% away from the 20% slope
requirement. As far as the road and emergency access, she said
there were houses on that road that were substandard in terms
of being fire retardant compared to conditions she would meet
for her house. She said she would really like to be a member
of the Palm Desert community and asked that Council consider
her comments and approve the request for a variance.
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
Councilman Crites clarified his comment about the quality of
building and said he did not think visibility played any part
in determining whether or not a piece of property qualifies for
a variance from an ordinance.
Upon question by Wilson, Mr. Diaz explained how the figures
were determined for the slope density. He said staff's
calculations showed an average slope of 30.7%.
Mr. Haver said he felt the formula used by the City is
effective for larger areas of natural slope. When the top of
the pad is cut off, the situation changes. He explained how he
had arrived at his figure of 23.1% average slope, noting that
the figure was 3% away from the 20% slope requirement, not .3%
as indicated by Mrs. Cuse.
MS. CHARLENE McLEAN, 73-720 Ironwood Street, Palm Desert,
addressed the Council and said she had sold several properties
in the Cahuilla Hills. She said it was her understanding that
a home with a guest house, as long as it was being lived In by
the same family and not used as a residence by a separate
family, was allowed under this ordinance. She said there were
other properties in the area that were under five acres and had
both a home and a separate guest house. She added that it was
also her understanding that if the pad already existed, a home
could be constructed on that pad as long as there was no
additional cutting into the hillside.
Councilman Wilson stated that the concern was not with the
guest house being part of the project; the concern was that the
five -acre parcel already has a house on it that Is occupied.
Mr. Folkers stated that Mr. Haver's method of calculating the
slope was a correct approach; however, it was not the method
called out in the City's ordinance.
Mayor Benson declared the public hearing closed.
The motion made by Councilman Crites was seconded by Benson and
carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING.
MINUTES
REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
E. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND AMENDMENTS TO A PRECISE PLAN AND
DEVELOPMENT AGREEMENT MODIFYING THE SITE PLAN, ELEVATIONS,
AND INCREASING THE UNIT TOTAL FROM 113 TO 150 FOR A SENIOR
CITIZEN APARTMENT PROJECT ON 7.2 ACRES LOCATED ON THE
SOUTH SIDE OF COUNTRY CLUB DRIVE, 1,600 FEET EAST OF
MONTEREY AVENUE. USA/FAIRFIELD REALTY, LTD., APPLICANTS.
(Continued from the meeting of August 11, (988.)
Mr. Drell reviewed the staff report, noting that the
applicant had requested that the age minimum be lowered
from 62 to 55. He said the proposed 150 units and parking
still met the maximum intensity for an age 55 project. He
noted the following:
- Only one road into the project.
- Units lowered from two-story to one-story.
- Open space remains the same as original precise plan.
- Number of required affordable units increased by ten
because of the increased number of units.
Mr. Drell said staff's recommendation would be that the
Council, after considering other issues being proposed,
refer this project back to the Planning Commission to
consider the age issue.
Upon question by Crites, Mr. Drell responded that the
ordinance would not permit any occupant to be less than
the age specified. City Attorney David J. Erwin indicated
that he was comfortable with this requirement.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of this project.
MR. STEVEN GALL, applicant, offered to answer any
questions.
Mayor Benson asked if the affordable unit mix was sti l l
negotiable, noting that the rent for a one bedroom unit
was shown as $540 when the market rent was only $550.
Mr. Drell responded that this was to offset the very low
Income units. He said the $270 units could be raised to
$320 and then the $540 units could be lowered to $490 to
achieve the same results.
Upon question by Councilman Kelly, Mr. Drell responded
that a condition could be added stating that priority for
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
. . * . . . . . . . . * . . . . * . . . . . . . .
the affordable units would be given to residents of Palm
Desert.
MR. SANDY BAUM, 45-800 Deep Canyon Road, expressed concern
with having the parking in front of the project.
Mr. Drell responded that the carports could be relocated
and that could be made open space to further mitigate any
view of them.
Mayor Benson invited testimony in OPPOSITION to this request.
and none was offered.
Councilman Kelly stated that if there was going to be a
stipulation that married couples would both have to be
over a particular age, he would be in favor of
recommending to the Planning Commission that it reduce the
minimum age to 55.
Councilmembers Crites and Wilson agreed.
Councilman Crites moved to waive further reading and adopt
Resolution No. 88-111, approving PP/CUP 86-22 and a Negative Declaration
of Environmental Impact subject to conditions. Motion was seconded by
Kelly.
Mr. Drell stated that the Council might want to Indicate
its general agreement with the Planning Commission
recommendation and request that the Commission consider
the age 55 change. He said it would be able to be
considered at the next Planning Commission meeting.
Councilman Crites withdrew his motion, and Kelly withdrew his
second.
Councilman Crites moved to approve the amendments forwarded
from the Planning Commission and ask that it consider lowering the
minimum age from 62 to 55. Motion was seconded by Kelly and carried by
unanimous vote of the Council.
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REGULAR MEETING.OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
F. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
DECISION TO DENY A GENERAL PLAN AMENDMENT AND ZONE CHANGE
TO ALLOW DEMOLITION OF THREE EXISTING HOMES AND
CONSTRUCTION OF A 14,600 SQ. FT. SINGLE -STORY OFFICE
PROJECT SOUTHWEST OF SAN LUIS DRIVE AND FRED WARING.
JAMES HILL, APPLICANT.
Mr. Diaz reviewed the staff report at length and explained
the Planning Commission's rationale in denying the
applicant's request.
Mayor Benson declared the Public Hearing OPEN and invited
testimony in FAVOR of the appeal, and the following individuals
spoke:
MR. JAMES HILL, 44-447 San Carlos, Palm Desert, spoke as
the appellant and submitted petitions of 45 individuals in
favor of the appeal (on file and of record in the City
Clerk's Department).
MR. MICHAEL COSGROVE, 45-120 San Pablo Avenue. Palm
Desert.
MR. BILL WILSON, 44-097 San Luis Drive, Palm Desert.
MR. HARRY JENSEN, Yucca Valley
MR. GERALD CHAZEN. 72-757 Fred Waring Drive, Palm Desert,
MR. BILL COSGROVE. 45-120 San Pablo Avenue, Palm Desert.
MR. ROGER MOORE, 72-806 Rancho Grande Street. Palm Desert.
MR. CHARLES MARTIN, 40-840 Thunderbird Road. Rancho
Mirage, spoke as the architect on the project.
Mayor Benson Invited testimony In OPPOSITION to the appeal, and
the following individuals spoke against it because it did not
fit in an existing R- 1 zone, too much traffic, and dangerous
design of parking lot Ingress/egress; trash collection:
MR. GEORGE KRYDER, 72-813 Sonora Drive, Palm Desert,
referred to his letter (on file and of record in the City
Clerk's Department).
MR. GEORGE SMITH, 44-141 San Luis Drive. Palm Desert.
MS. JUDY QUARTZ, 44-082 San Luis Drive,Palm Desert
MR. RUSTY SKILLMAN, 44-165 San Luis Drive.
Mayor Benson asked for rebuttal, and the following spoke:
MR. JAMES HILL rebutted statements about the parking lot
design and dangerous Ingress/egress.
MR. CHARLES MARTIN explained that the City would not allow
lights From a parking lot to shine onto adjacent property
24
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
• • • • • • ♦ • • • • • • • • • • • • • • • • • •
and rebutted arguments that it would not fit Into the
existing neighborhoods.
Mayor Benson declared the Public Hearing CLOSED.
Council Comments:
Crites: Had serious concerns about exiting traffic onto San
Luis Drive; did not blame neighbors of objecting to the
n ronosed wall as an eyesore but found it solvable with
landscaping requirements; concerns about parking lot lighting
r.ould be resolved by developed; felt trash collection concerns
could be mitigated; suggested the request be sent hack to the
P lanning Commission for consideration of mitigation measures to
e liminate the opposition from neighbors with special emphasis
to the developer to he sensitive to the complaints of the
neonle who make this area their home.
W t l s on:_ Sympathized with concerns of the neighbors but felt
the overall picture was important. Said this problem existed
in other locations on Fred Waring Drive but that the concerns
had been mitigated by conditions on the developer. Said that
as traffic increases and as office professional goes In,
residential development becomes less desirable; felt this
project a nice way to blend the two zones. Agreed with sending
it back to the Planning Commission for defining of the office
professional usage and ways to mitigate the impacts on
residential areas as well as mitigation measures for traffic
and visual impacts on the neighborhood.
Snyder: Agreed with comments made and felt that landscaped
buffers could mitigate neighbors concerns; felt matter should
go back to the Planning Commission for consideration of
conditions to eliminate potential problems.
Benson: Agreed with comments from the Council and said she
felt the Office Professional Zoning from Highway III to the
Civic Center was the best use of the land. Felt berming and
landscaping would buffer the project and allow it to blend with
the existing neighborhood.
Kel : Agreed this was the best zoning for the area.
Councilman Crites moved to continue the matter to a time uncertain
and remand it to the Planning Commission for their reconsideration in
light of the comments and suggestions from the City Council. Councilman
Kelly seconded the motion. and it carried by unanimous vote.
25
MINUTES
REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
s
G. CONSIDERATION OF A REQUEST FOR STREET VACATION - PALM
DESERT DRIVE NORTH (FRONTAGE ROAD), WEST OF PORTOLA
AVENUE. ARCO PETROLEUM PRODUCTS. APPLICANT.
Mr. Folkers reviewed the staff report, noting that this
would vacate the street so that the Arco project could go
forward.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of this request.
MR. CRAIG YAMASAKI, representative from Arco. commended
the Council and staff on their hard work relative to this
project.
Mayor Benson invited testimony in OPPOSITION to this project,
and none was offered. She declared the public hearing closed.
Councilman Wilson moved to waive further reading and adopt
Resolution No. 88-118, vacating the right-of-way as shown in its Exhibits
"A" and "B". Motion was seconded by Snyder and carried by unanimous vote
of the Council.
H. CONSIDERATION OF A REQUEST FOR STREET VACATION - SUNSET
LANE BETWEEN ABRONIA TRAIL AND EL CAMINO.
Mr. Folkers reviewed the staff report, noting that staff's
recommendation was to open the public hearing and receive
testimony and then continue It to the hearing when the
applicant's appeal of a Planning Commission denial of
project is heard, as right-of-way will not be necessary if
the project is not approved. Mr. Diaz added that concerns
had been raised at the Planning Commission hearing by
adjacent property owners.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of this request.
MR. STEVEN SULLIVAN, 73-700 Highway 111, stated that it
was his understanding that this issue would be continued.
He said the staff report indicated that this project and
the one to the north were linked; however, they are not.
He said the accessway would service both projects only.
Mayor Benson Invited testimony in OPPOSITION to this request.
MS. DODY JESKE, 74-402 Abronia, stated she lived north of
the subject property. She was opposed to the owner taking
26
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL
SEPTEMBER 8, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
a public street in order to put in 17 units when the
property is zoned for 11 units. She also said she felt
adjacent property owners should have received notices of
this hearing.
Mr. Diaz explained that notices would be sent out for the
public hearing relative to the precise plan. However, in
cases of street vacations, notices were posted on the
streets and in the newspaper. and no notices were actually
mailed out.
Councilman Wilson moved to continue this matter to the meeting
of September 22, 1988. Motion was seconded by Benson and carried by
unanimous vote of the Council.
I. CONSIDERATION OF RESOLUTIONS OF NECESSITY FOR THE
ACQUISITION OF RIGHTS -OF -WAY (PERMANENT FEES) AND
EASEMENTS RELATED TO ASSESSMENT DISTRICT NO. 87-1.
Mr. Folkers reviewed the staff report, noting that staff
was negotiating with many of the property owners at the
present time.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this request. None was
offered. She declared the public hearing closed.
Councilman Kelly moved to waive further reading and adopt
Resolution Nos. 88-119, 88-120, 88-121, 88-122, 88-123, and 88-124, for
the acquisition of Rights -of -Way. Motion was seconded by Crites and
carried by unanimous vote of the Council.
J. CONSIDERATION OF ASSESSMENTS TO PARCELS WHICH HAVE BEEN
ABATED FOR PUBLIC NUISANCE.
Code Compliance Director Frank Allen reviewed the staff
report and recommended adoption of the resolution. He
noted that notices had been mailed out and that 18
property owners had not abated their lots. The lot
abatement had subsequently been done by the City, and this
resolution would place liens on the property for the lot
cleaning charges. He said since the time the Agenda was
posted, he had received payment for five of the lots.
leaving a total of 13 lots requiring liens to be placed.
Mayor Benson declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this request. None was
offered. She declared the public hearing closed.
27
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REGULAR MEETING OF THE PALM DESERT CITY COUNCIL SEPTEMBER 8, 1988
• • • • • • • • • • • • • • • • • • • • • • • • ♦
Councilman Kelly moved to waive further reading and adopt
Resolution No. 88-124, confirming assessments on property owners for
abatement of weeds and other nuisances. Motion was seconded by Crites
and carried by unanimous vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Wilson, second by Snyder, and uh'animous vote of
the City Council, Mayor Benson adjourned the eting at 10:5�•.m.
ATTEST:
SHEILA R. GILLIGAN, CITY CUERK
CITY OF PALM DESERT, CALIFORNIA
/1 I. N.--
EMI" IM. BENSON, MAYOR
28