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HomeMy WebLinkAbout1988-09-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 22, 1988 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Also Present: Bruce A. Altman, Ctty Manager Carlos L. Ortega, ACM/Director of Redevelopment Agency David J. Erwin, City Attorney Sheila R. Gilligan, Ctty Clerk/Public Information Officer Joseph Gaugush, Senior Engineer Ramon A. Diaz, ACM/Director of Community Development/Planning Kirby J. Warner, ACM/Director of Economic Development Paul S. Gibson, Finance Director V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 8, 1988. Rec: Approve as presented. 8. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0810, 0812, and 0900. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • . • • • . . • . . . . . . • • • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by TAKACS, Phillip L and Sharon J. for Sharonsky's, 73-460 Palm Desert Drive, Palm Desert. Rec: Receive and refer to the Department of Community Services for processing. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dean and Steven Springer for Courtesy Quick Stop, 74-990 Velie, #1, Palm Desert. Rec: Receive and refer to the Department of Community Services for processing. E. REQUEST FOR AWARD OF CONTRACT for Contract No. 00-308, Radio Communication Equipment. Rec: By Minute Motion, accept the low bid of $23,993.84 and award Contract No. 00-308 to Desert Two -Way Radio. F. REQUEST FOR AWARD OF CONTRACT NO. 00-234 - Traffic Signal Modifications at State Highway 74 and El Paseo. Rec: By Minute Motion, award Contract No. 00-234 to Signal Maintenance, Inc., the lowest responsible bidder, in the amount of $48,071.00, and authorize a ten -percent contingency reserve in the amount of $4,807.10. G. CONSIDERATION OF A REQUEST from Child Cornerstone for Waiver of Fees for Use of Civic Center Facilities. Rec: By Minute Motion, deny the request with sincere regret. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-323, for Paving of Temporary Parking Lots. Rec: By Minute Motion, approve the request and authorize the City Clerk to advertise and call for bids for same. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • I. REQUEST FOR RELEASE OF BONDS for Tract 19619, Armadillo Joint Venture/Marriott Corporation, Applicants. Rec: By Minute Motion, approve the request and direct the City Clerk to release Bond Nos. 5341457 and 5341466. J. REQUEST FOR RELEASE OF BONDS for Tract 15000-1, Desert Falls Country Club, Mark A. Temple Construction and United Pacific Insurance Company, Applicants. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subdivision improvement securities for the subject tract. Mrs. Gilligan asked that the Council continue approval of the Minutes to the meeting of September 22, 1988. Councilman Wilson moved to continue the Minutes to September 22, 1988, and to approve the remainder of the Consent Calendar as presented. Motion was seconded by Snyder and carried by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 560 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER VI, SECTIONS 9.59.040 AND 9.50.080, MOBILE HOME PARK RENT REVIEW, OF THE CODE OF THE CITY OF PALM DESERT. Mr. Altman noted that there was a memo from the City Clerk in the packets and offered to answer any questions. Councilman Snyder moved to waive further reading and pass Ordinance No. 560 to second reading. Motion was seconded by Wilson and carried by unanimous vote of the Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • For Adoption: 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. Mr. Altman reported that no changes had been made since first reading of this ordinance and recommended its adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 558. Motion was seconded by Crites 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 CHAPTER 5.16.012, SECTION 10.309(b)5, RELATIVE TO AUTOMATIC SPRINKLER SYSTEMS IN CERTAIN OCCUPANCIES. Councilman Wilson moved to waive further reading and adopt Ordinance No. 559. Motion was seconded by Crites and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. PRESENTATION BY COUNCILMAN RICHARD S. KELLY AND PALM DESERT DISPOSAL RELATIVE TO A CITY-WIDE RECYCLING PROGRAM. Councilman Kelly reported that at a recent League of California Cities conference, his wife had attended a session where the City of San Jose had made a presentation regarding the innovative things they were doing to recycle trash. He added that while on vacation he had visited the City of Waterloo to look at their recycling program and had subsequently met with John Lavender, Vice President of Palm Desert Disposal, whose parent company, Western Waste, handles the program in San Jose. MR. JOHN LAVENDER addressed the Council and advised that the recycling program would have to be area -wide because of economics and that he would hope to include all six 4 r MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • SEPTEMBER 22, 1988 • • • • • • • • • • • cities currently being served by his company as well as the County. He said the two biggest problems with such a program would be getting the materials from the desert to the market and getting people involved who are just visiting the area. He showed a brief video of the recycling program in San Jose and offered to answer any questions. Councilman Wilson suggested implementing a pilot program in Palm Desert to show that people would participate in such a recycling effort and then using this information as part of the sales pitch to get other cities in the Valley involved. Councilman Snyder said he felt It was important to first find out whether such a program would be economically feasible In this area. Councilman Kelly stated that, with Council concurrence, he would work with the Waste Management officials to see what types of problems there would be with this program. Council concurred. B. CONSIDERATION OF SALE OF CITY -OWNED LOT TO EMANUEL MONTOYA. Mr. Ortega reviewed the staff report, noting that he was _- recently informed that the applicant might have a deal to purchase a house that is already there; however, If this deal were to fall through and the applicant still wished to purchase the City -owned lot, staff was requesting Council approval to sell it. Councilman Kelly clarified that givingapproval for the sale of the lot would only be for relocation purposes. Mr. Ortega agreed and said it would not be sold to anyone other than the applicant. Councilman Crites moved to, by Minute Motion, authorize the sale of Parcel No. 627-030-007 to Mr. and Mrs. Emanuel Montoya of 44-879 San Antonio Circle for the purpose of construction of a single-family residence. Motion was seconded by Kelly and carried by unanimous vote of the Council. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • XI. CONTINUED BUSINESS A. STAFF PRESENTATION ON NORTH SPHERE SPECIFIC PLAN AND CONSULTANT CONTRACT. Mr. Diaz reviewed the staff report, noting that staff now had the time to work on this plan and hoped to have it completed and presented to the Council for adoption by the end of January or February. Councilman Wilson asked if any guidelines had been done for community development in that area. Mr. Diaz responded that no actual documentation had been done that would specifically spell out those development standards. Upon question by Mayor Benson, Mr. Diaz responded that overall savings would be approximately $50,000 to $60,000 having staff continue with this work instead of the consultant. Councilman Crites moved to, by Minute Motion, terminate the present contracts with WRT based on the reasons set forth in the staff report and reimburse the firm of Wallace, Roberts 8 Todd for work completed to date. Motion was seconded by Snyder and carried by unanimous vote of the Council. XII. OLD BUSINESS A. REQUEST FOR PEDESTRIAN WALKWAY 6 WALL AT RANCHO GRANDE/TOWN CENTER. Mr. Diaz reviewed the staff report, noting that the Palm Desert Town Center was still willing to remove the wall but only if the City would assure them that a public sidewalk would be constructed. He said staff's recommendation, if the Council wished for the City to become involved in this matter, would be that a sidewalk be constructed. He added that at the present time it was private property and was a matter between private individuals. Councilman Crites stated that this matter had not.come to Council earlier because of the hole that existed in the wall which allowed people to go through to the Town Center. However, with the construction of this project, 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • . • • • • • • • • • • • • • • • • • • • • • • • • the hole was no longer there and consequently there was no access. Councilman Wilson stated he was disappointed that the parties could not get together to solve the problem without the City getting involved. He said he felt it would be an excellent community service for the Board of Realtors to provide. Councilman Crites stated that when he looked at the area, he found that the Board of Realtors had not done a good job of maintaining the property, with the shrubs not being trimmed for a long time, weeds being overgrown, etc. He said he understood the Board's concerns about transients but felt they needed to do some better maintenance of the area. He added that he had checked with the Sheriff's Department and found that there did not seem to be any repetitive crime caused by people wandering through the area. MR. SANDY BAUM, 45-800 Deep Canyon, spoke on behalf of the Board of Realtors and stated that they were not happy with the maintenance to date and had just received bids to upgrade and improve the looks of the area. He added that he had submitted petitions to the Council signed by 275 members of the Board and said they were concerned about vandalism of vehicles and the trash left on the property. He said he felt it would be better to provide an opening in the middle of the wall to allow access to the Palm Desert Town Center. MR. BEN PICKELL addressed the Council and said this matter had been going on for over three months now and that he would like to see it settle as soon as possible. He said he could see no reason for the City to pay for an additional wall for the Board of Realtors. He said that in addition to inconveniencing nearly 300 people in the neighborhood, not having access would create a hardship for at least three people besides himself who were handicapped. He urged the City Council to take action as soon as possible. Councilman Wilson stated he felt the City had an obligation to provide access, and he moved to, by Minute Motion, direct staff to work with the Palm Desert Town Center to provide access by building a walkway or whatever else it takes. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 i • • • • • • • • • • • • • • • • • • • • • i • • ii Mr. Altman stated that this would have to be a public ✓ ight-of-way and would require an appropriation of funds in the amount of $15,000. Mr. Diaz stated that the issue of establishing an assessment district to construct the wall was discussed at a meeting with Ben Pickell, who indicated that such an alternative would not be acceptable. He added that it would cost the City more than $15,000 to do all of the engineering for such a district. Councilman Wilson moved to, by Minute Motion, direct staff to obtain the proper easement to provide a walkway, with the Palm Desert Town Center to remove the wall, and appropriate $15,000 from the unobligated reserve to accomplish this project. Motion was seconded by Benson. Additional discussion ensued regarding the height of the wall, hedges, etc. Councilman Crites suggested putting in e Japanese oleander hedge which might meet the needs of the Board of Realtors for privacy. Mr. Baum stated that it would be acceptable. Councilman Wilson amended his motion to direct staff to examine the possibility of a screening planting of oleanders along the south boundaries of the Board of Realtors property to act as a buffer area between the sidewalk and the property, with a report back to the Council et its next meeting. Mayor Benson amended her second. Motion was carried by unanimous vote of the Council. X11I. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin asked that the Council adjourn to Closed Session at the completion of this portion of the meeting. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites asked that the Council, by 4/5ths vote, add an item to the Agenda for 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • consideration regarding moving forward with the Art -in -Public -Places Program. Councilman Crites moved to add this item to the Agenda as one which arose after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote of the Council. Ms. Julie Bornstein, Chairman of the Civic Arts Committee, addressed the Council and reported that the subcommittee had met in August and recommended that the first piece of public art be placed in front of the Civic Center. She said another subcommittee was being formed to come up with the selection process. She reviewed proposed items to be included in this process. No Council action was taken on this item. o City Council Committee Reports: 1. Report on Interviews for Committee/Commission Appointments - Mayor Benson & Councilman Crites. Mayor Benson reported on the following: - Two vacancies on the AP Committee; recommended interviewing Grover Nobles, Beverly Bandini, and Kurt Sipolski. One vacancy on Architectural Review Commission; recommended reappointment of Ron Gregory. - Two vacancies on Civic Arts Committee; recommendation forthcoming from a subcommittee. One vacancy on Building Board of Appeals; recommended interviewing Ken Stendell, John Curtis, and Mr. Lower. One vacancy on Parks & Recreation Commission; recommended reappointment of Robert Royer. Planning Commission; recommended reappointment of Jim Richards. Councilman Crites stated that both incumbents for the Planning Commission and Architectural 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • • • • • • Review Commission had expressed a desire to serve another term. Councilman Wilson moved to accept the Committee's recommendation and authorize staff to move forward in setting up interviews. Motion was seconded by Benson and carried by unanimous vote of the Council. XIV. ORAL COMMUNICATIONS - B MR. DAN EHRLER, Palm Desert Chamber of Commerce, extended an invitation to the Council to attend the 1989 goals and objectives planning session to be held on Thursday, December 1, 1988, and all day Friday, December 2nd, at the Lake Arrowhead Hilton. MR. SANDY BAUM, 45-800 Deep Canyon, stated that several months ago he had asked whether the Architectural Review Commission meetings could be held in the Council Chamber, and he again asked that it be considered. Mr. Diaz stated that the meetings could be held in the Chamber. He explained that having them in the Conference Room afforded i staff the opportunity to go back to the files very quickly if there is something that needs to be retrieved. Councilman Wilson moved to adjourn the meeting at 5:45 p.m. to Closed Session pursuant to Government Code Section 54956.9 (a) and (b), pending and potential litigation (Palm Desert vs. SunTerra, Western A 1 1 i ed Properties, Johnson vs. City) and 54956.8, Real Property Acquisition (Town Center Apartments, owner Michael Rubin). Motion was seconded by Kelly and carried by unanimous vote of the Council. Mayor Benson 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 MR. CHARLES TRIPP, 74-079 Alessandro, addressed the Council as a candidate and spoke regarding the Convention and Visitors Bureau and Palm Desert's role in the "bail out". He questioned why a check for $50,000 had been issued before the audit report had been reviewed and asked when such payment had been authorized. He added that he felt Councilman Snyder should 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • • abstain from voting on any motions regarding the disbursement of funds to the CVB because of his conflict of interest by serving on the Board of Directors. MR. F.X. McDONALD, 1900 E. Ocean Blvd., Long Beach, addressed the Council and expressed concern that Hovley Lane had not yet been put in. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY THE EXPIRATION OF JAMES RICHARDS' TERM. Councilman Wilson moved to, by Minute Motion, reappoint Mr. Jim Richards to another four-year term on the Planning Commission. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Kelly ABSTAINING. Councilman Crites noted that although he voted AYE, he had not been in favor of the ordinance amendment which allowed for this reappointment. 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 meetings of July 14 and August 11, and September 8, 1988.) Mr. Diaz reviewed the staff report, noting that the final development agreement was now completed. He noted the following changes In conditions: Planning Condition #23 - Change "two" to "three". - Planning Condition #26 - Change "50 apartments" to "100 apartments (for a total of six)". Fire Marshal Condition #5 - delete (a), (c), and (d). - Fire Marshal Condition #9 - Change "NFPA 13/130" to "NFPA 13/13D". He said staff recommended that the Council adopt Resolution No. 88-98 and Ordinance No. 551 subject to conditions of approval. Upon question by Councilman Wilson regarding the confusion with the naming of this project, Mr. Diaz responded that the developer had Indicated that the name would be changed 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • 1k from Chaparral. However, he did not think a name had yet been selected. Councilman Kelly stated that once this project is completed, Hovley Lane will have to be extended through to Portola Avenue, and a signal would probably be needed et that intersection because of the increased traffic both generated by the project and coming from Portola Avenue and the industrial area on Cook. He said he felt the signal should be Installed now. Mr. Diaz stated that the project would be required to pay $30,000 in signalization fees, and the signal would be installed when the warrants are met. He suggested referring this matter to the Traffic Committee for review. Councilman Kelly stated that at one time the developer had indicated that there were security guards In some of their other projects on duty 24 hours per day. He suggested including such a condition for this project. Mayor Benson declared the public hearing open and invited testimony in FAVOR of this request. MR. JACK BUTLER, 2401 Colorado Avenue, Santa Monica, spoke as the applicant and stated that as far as security guards, the level of service would depend on the individual project. He said they ranged from 60 to 80 to 120 hours per week and that they generally did not have the guards on duty during the day, only in the evening and early morning hours. Upon question by Councilman Kelly, Mr. Butler responded that they would not have a problem including this condition as long as it stated that they would provide adequate security. Councilman Crites asked if there would be a problem wording the condition to read that during the hours in which the management company is not present on the premises, adequate security will be provided by the developer. Mr. Butler agreed. Mr. Butler questioned the change in the Fire Marshal condition regarding the sprinkler system. MR. JED MARXLEY from the Fire Department stated that the change was to provide more sprinklers to places that were not previously covered, such as closets. 12 a MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 . . . . . . . . . . . . . . . . . . . . . . . . . Mayor Benson invited testimony in OPPOSITION to this request. MR. DAN STICKLES, 74-360 Angels Camp Road, was opposed to the project because of the height of the wall along the back side of the project, noise, and the location of dumpsters. Mr. Butter responded that this issue had been discussed with members of Portola Country Club. He said a six foot high wall would do the job and would be aesthetically much more pleasing than an eight foot wall. Upon question by Councilman Crites asked whether something could be put in along Mr. Stickle's property to lessen the noise, such as a two -foot or higher bush. Mr. Butler responded in the affirmative. Mr. Diaz stated added that the developer would be required to locate the dumpsters on the south side of the ring road. Mayor Benson declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Ordinance No. 551 and Resolution No. 88-98 as amended by Mr. Diaz's report and to include the following conditions: 1) Wall and landscaping shall be installed along the south side of the project as part of Phase I; 2) Project shall not use the word "Chaparral" in its identification; 3) Trash enclosures shall be placed on the south side of the ring road along the southern boundary line; and 4) Security shall be provided for all times when management is not present. Motion was seconded by Crites and carried by a 4-1 vote, with Councilman Kelly voting NO. B. CONSIDERATION OF A REQUEST FOR STREET VACATION - SUNSET LANE BETWEEN ABRONIA TRAIL AND EL CAMINO. (Continued from the meeting of September 8, 1988.) This public hearing was considered at the same time as Public Hearing C. Mr. Joe Gaugush, Senior Engineer, reviewed the staff report, noting that staff's recommendation was that the Council review the facts as presented, consider those facts as well as testimony presented during the public hearing, and if appropriate, adopt Resolution No. 88-125 vacating the subject right-of-way. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • . • • • • • • • • • • • • • • • • • • • • • • • C. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION REGARDING CONSTRUCTION OF A 17-UNIT APARTMENT PROJECT ON THE NORTHEAST CORNER OF ABRONIA TRAIL AND SUNSET LANE. Mr. Diaz reviewed the staff report, noting that if Council determined that the street should be vacated, staff's recommendation would be that a public sidewalk easement be secured from one street to the other. Mayor Benson declared the public hearings (B) and (C) open and invited testimony in FAVOR of these requests. MR. STEVE SULLIVAN, 73-700 Highway 111, spoke as the architect for the project and said he felt there were benefits not only to the City but to the neighborhood as well by the vacation of the right-of-way and construction of the project. He briefly reviewed the plans, noting that he felt a better project could be built if the street were vacated. He said there would be no detriment to anyone in the neighborhood. MR. VIC VILLENEUVE, 72-757 Fred Waring Drive, spoke on behalf of Flying Buttress Engineering. MR. BRAD GATES, 27252 Calle Arroyo, San Juan Capistrano, spoke as the owner of the property and said he wanted to be a good neighbor and build a project that would benefit himself and the neighborhood and City. He offered to answer any questions. Mayor Benson invited testimony in OPPOSITION to these requests. MR. GLEN WALLER, 74-375 El Camino, was opposed to the increased density and noise. Mr. Sullivan stated that he had discussed these concerns with Mr. Waller and had tried to mitigate the noise impact by turning two of the buildings away from his property. He added that they had tried to put all of the parking in the middle of the area and had also buffered the area to eliminate as much noise as possible. Mayor Benson declared the public hearings closed. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Council Comments/Questions: Kelly: Concerned with vacating the street and with the density. Said traffic was already a problem with the many apartments in the area and felt any time the Council has an opportunity to keep open space (and streets are open space), it should do so. Crites: Questioned the density of this project and the surrounding area. Mr. Diaz responded that the density of the project was approximately 12 units per acre, and the area to the north was 10 to 11 units per acre. Benson: Concerned with the density. Would not mind the street vacation if it was not used, but did not like to see the City giving up a good street. Wilson: Looked at the area in question. Could not find any compelling reason to give up a usable street when in the future the City might regret the fact that it does not have enough streets. Councilman Kelly moved to, by Minute Motion, deny the request for street vacation. Motion was seconded by Benson and carried by unanimous vote of the Council. Councilman Kelly moved to deny the appeal of Planning Commission decision by Otra III, Ltd. Motion was seconded by Benson and carried by unanimous vote of the Council. D. REOUEST 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/FAIRFIELA REALTY. LTX., APPLICANT (Continued from the meetings of August 11 and September 8, 1988). Mr. Diaz reviewed the staff report, noting that the development agreement had been amended to reflect the concerns of Council. He added that the Planning Commission had agreed with the change in age limit from 62 to 55. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • a • • • • • firik Mayor Benson noted that this was a continued public hearing and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. She declared the public hearing closed. Mayor Benson expressed concern with naming this project Palm Desert Villas because the project next to the Senior Center 1s called•Villas of Palm Desert. Mr. Diaz responded that this matter had been discussed with the applicant and that the project would be named something different. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 88-111, approving PP/CUP 86-22 and a Negative Declaration of Environmental Impact subject to conditions; and 2) Waive further reading and pass Ordinance No. 554 to second reading, approving amendments to Development Agreement 86-5. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None Mr. Erwin stated that an item had come up at this meeting which needed to be considered by Council, and that was the comments made by Mr. Charles Tripp. He said Council could either place it on the Agenda for the next meeting or, by 4/5ths vote, determine that it should be considered at this time. Councilman Wilson moved to place this item on the Agenda for Council consideration as one which arose after the Agenda was posted. Motion was seconded by Crites and carried by unanimous vote of the Council. Mr. Erwin stated that as far as the reference that was made regarding whether or not the expenditure was a gift of public funds, there is clear authorization for a city to expend money to encourage resort, tourist, and convention business in its community. He said it is well established and that he would be happy to provide that information to Mr. Tripp. As to the expenditure itself, it is legal. As to the conflict of Mr. Snyder, he said the only conflict arises when there is a financial interest and to his knowledge Mr. Snyder had financial interest that would subject him to a true conflict as we think of it. So far as the authorization for the expenditure, the only thing he could say at this moment was that he was satisfied that authorization was given for that. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • ; • • • • • . • s • • • f f . s ♦ • f • • i • expenditure. As to any other issues, he said he felt they were outside his ability to comment. Crites: Councilman Snyder serves as Chair of that Board and as representative of the City of Palm Desert, the same as Roy Wilson serves on the South Coast Air Quality Management District Board and he, himself, serves on CVAG. Councilman Snyder represents the City on the whole body, and someone from that body serves as Chair. As far as the money expended, he said he originally, at budget time, asked for an audit when Councilman Snyder requested that part of the funds be released. Council checked to be sure that the audit was in process, and he said he felt it was considered good faith on the part of the CVB in terms of dealing with those matters and not appropriate to hold up some of those funds because they needed the money for operating expenses. Snyder: Said it was true that he served on the CVB, but he also served on many other commissions. Said every city in the Valley has a representative on the CVB. The job of Chairman is primarily to run the meetings, and he did not participate in the day to day operations of the CVB. Added that the Chairmanship changed every year, and Board meetings were open to the public. Said any action taken by the City of Palm Desert was properly documented and in the files. Said Palm Desert budgeted $150,000 for the CVB, not $100,000, and also appropriated money to the Advertising & Promotion Committee. Wilson: Council was assured that the audit was under way and that they were in the process of getting certain records. A lot of local business people were owed money, and the argument was raised that since the audit was under way and the City was only waiting for the results, a portion of the first half was to pay off those bad debts to local business people, and that was the direction given to staff in releasing the funds. Snyder: Added that Council's direction was carried out and the audit was almost completed. Mayor Benson and Councilman Kelly concurred with comments made. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • XX. ADJOURNMENT Upon motion by Snyder, second by Crites, Mayor Benson adjourned the meeting at 9:05 p.m. ATTEST: —SHEILA R. GIL-IGAN, CI.1 CLERK CITY OF PALM DESERT, LIFORNIA AN M. BENSON, MAYOR 18