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HomeMy WebLinkAbout1989-04-131 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 13, 1989 CIVIC CENTER COUNCIL CHAMBER . . . . . . * * * * * * * . * . . . . . * * * . . I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Members Present: Councilmember Jean M. Benson Mayor Pro-Tem Buford Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, ACM/R.D.A. Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Paul A. Gibson, Director of Finance/Treasurer Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 23, 1989. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR 306, 309, and 314. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • • • • • APRIL 13, 1989 C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Timothy Thompson and George Wilson for Chateau Gourmet, 41-555 Cook Street, Suite 150, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ronald Noiles for Ron's of the Desert, 73-703 Highway 111, Palm Desert. Rec: Receive and refer to the Department of Community Development for any necessary processing of a Conditional Use Permit. E. RESOLUTION NO. 89-27 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files for the Finance Department That Have Been Microfilmed. Rec: Waive further reading and adopt. F. RESOLUTION NO. 89-28 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files for the Department of Building 8 Safety That Have Been Microfilmed. Rec: Waive further reading and adopt. G. LETTER OF RESIGNATION by Kay King as the City's Representative on the Regional Library Commission. Rec: Receive with sincere regrets. H. RESOLUTION NO. 89-29 - A Resolution of the City Council of the City of Palm Desert, California, In Support Of The California Desert Protection Act Of 1987. Rec: Waive further reading and adopt. 2 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 I. REOUEST FOR CLARIFICATION of Public Art Policy. Rec: By Minute Motion, concur with the recommendation of the Public Art Subcommittee to accept only original art for the first competition. J. MINUTES of the Building Board of Appeals & Condemnation Meeting of March 8, 1989. Rec: Receive and file. K. REQUEST FOR APPROVAL of an Agreement No. 00-354 Between Sunline Transit Agency and The City of Palm Desert For The Pilot Bus Shelter Program. Rec: By Minute Motion, authorize the Mayor to enter into Agreement No. 00-354 with Sunline Transit Agency for the subject program. L. REQUEST FOR APPROVAL of Parcel Map 22794, Cook Hovley Street Associates and J. E. Butler & Associates, Applicant$. Rec: Waive further reading and adopt Resolution No. 89-30, approving Parcel Map 22794. M. REQUEST FOR APPROVAL of Final Tract Map 22690-4, Temple Development Company, Applicant. Rec: Waive further reading and adopt Resolution No. 89-31, approving Tract Map 22690-4. N. REQUEST FOR APPROVAL of Change Order No. 2 of Contract No. 00-234 - Traffic Signal Modification Project at Highway 74 and El Paseo. Rec: By Minute Motion, approve Change Order No. 2 in the amount of $1,489.92 from the Project Contingency Account No. 440-4585-0000. 0. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-355, Traffic Striping on Various Streets. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the Contract No. 00-355. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • a • • • • • • • • • • • • • • • • a • • • • • a P. CLAIM NO. 102 AGAINST THE CITY by the City of Rancho Mirage for Indemnity Relative to 4/15/88 Accident at the Intersection of Frank Sinatra Drive and Monterey Avenue. Q. Rec: By Minute Motion: 1) Deny the Claim because the incident occurred outside the jurisdictional limits of the City of Palm Desert; 2) Direct the City Clerk to so notify the Claimant. CLAIM NO. 104 AGAINST THE CITY by Kevin Vaughan in an Amount in Excess of $10,000. Rec: By Minute Motion: 1) Deny the Claim because the incident occurred outside the jurisdictional limits of the City of Palm Desert; 2) Direct the City Clerk to so notify the Claimant. R. REQUEST FOR APPROVAL OF POLICY FOR ENVIRONMENTAL AWARD OF EXCELLENCE. Rec: By Minute Motion, approve the policy as outlined in staff's report dated March 21, 1989. Mr. Altman asked that Items I and N be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Councilman Kelly asked that Item R also be removed. Upon motion by Snyder, second by Crites, the Consent Calendar, with the exception of Items I, N, and R, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None V Ii I 1 . ORDINANCES For Introduction: None 4 1 1 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • • * * * * • * * * • * • * * • * • * • • • • • * For Adoption: None IX. CONSENT ITEMS HELD OVER I. REQUEST FOR CLARIFICATION of Public Art Policy. Mr. Diaz asked for clarification of this policy so that the Public Art Subcommittee is not limited to accepting only original pieces of art and could actually approve a piece that has already been designed and built. Councilman Crites said he felt the best possible piece of art should be chosen for this first site, whether it is an original or one that has already been designed. He felt the important thing was to have something that is a significant artistic statement. Councilman Snyder agreed and moved to, by Minute Motion, ask the Public Art Subcommittee to recommend to the Council the best piece of art from the interviews and competition, with the understanding that it is not a matter of policy that the piece must be original art. Motion was seconded by Crites and carried by unanimous vote of the Council. N. REQUEST FOR APPROVAL of Change Order No. 2 of Contract No. 00-234 - Traffic Signal Modification Project at Highway 74 and El Paseo. Mr. Altman stated that the amount indicated in the staff report was incorrect and should reflect $3,544.92 instead of $1,489.92. Councilman Kelly moved to, by Minute Motion, approve Change Order No. 2 in the amended amount of $3,544.92 from the Project Contingency Account No. 440-4585-0000. Motion was seconded by Crites and carried by unanimous vote of the Council. R. REQUEST FOR APPROVAL OF POLICY FOR ENVIRONMENTAL AWARD OF EXCELLENCE. Councilman Kelly questioned Item #2 of the recommended policy outlined in the March 21st staff report relative to the requirement that projects or individuals must be nominated by a Counciimember. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 * Mr. Diaz responded that individuals in the community wishing to nominate someone for this award should contact a member of the Council, and then that Councilmember would make the recommendation to the entire City Council. Councilman Kelly moved to, by Minute Motion, approve the policy as outlined in 'staff's report dated March 21, 1989. Motion was seconded by Benson and carried by unanimous vote of the Council. X. NEW BUSINESS A. PRESENTATION REGARDING PALM SPRINGS REGIONAL AIRPORT EXPANSION PLANS BY ALLEN SMOOT, DIRECTOR OF AVIATION AND ENERGY FOR THE CITY OF PALM SPRINGS. Mr. Smoot discussed the Airport's expansion plans as well as two pending bills in the State Legislature: 1) Senate Bi l 1 707, an airport funding bi l 1 ; and 2) Assembly Bi 1 l 2491, which he said was introduced on behalf of the Alamo Rent-A-Car business and would prohibit airports from assessing fees for these businesses to operate in the airports. He said the plan was to expand the existing facility and double the amount of space at the airport. Upon question by Councilmember Benson, Mr. Smoot responded that they were in the process of looking at customs facilities to handle flights coming in from Canada. He said the long term approach was to get an international designation from Washington, which would be about five years down the road. On behalf of the entire City Council, Mayor Wilson thanked Mr. Smoot for his presentation. B. CONSIDERATION OF AN APPEAL TO THE DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING THE AWNING AT PACIFIC SPA.AND BATH, AS INSTALLED. Mr. Diaz reviewed the staff report and recommendation, noting that the awning in question was not installed as approved by the Architectural Review Commission on November 22, 1988, and that this approval might not meet the current guidelines with regard to height of letters. Councilmember Crites asked that staff, in the future, indicate on the front page of the staff report the vote taken by the Commission. 6 r• 1 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • * . . . . • • • * . • * • • * . . * • . . • • • MR. GARY OWENS, D&A Shade, 5000 Cal le San Rafael, showed pictures of the approved sign and what had been installed. He said the contractor had advised them the sign would not work as approved, which is why they had changed it, but he agreed they should have come back to the City for approval. Councilmember Benson stated that a subcommittee was currently revising the ordinance regarding awnings because it did not agree with the Council's intent from several years ago. Councilman Snyder said he felt problems would just continue if the Council did not enforce the policies created and approvals given, and he moved to, by Minute Motion, deny the appeal and direct that the awning be removed or reconstructed as per the Architectural Review Commission approval dated 11/22/88. Motion was seconded by Benson and carried by unanimous vote of the Council. Mr. Owens asked whether the awnings should just be installed as approved by the Architectural Review Commission without regard to whether or not they are stable. Councilman Snyder responded that it was the responsibility of the applicants to make sure whatever is submitted to the City is properly engineered and still conforms with City codes. Mr. Diaz added that when the Architectural Review Commission looks at awnings, the members assume that what is presented to them can be built; otherwise, the applicant would not be requesting approval. Councilman Crites said that he and Councilmember Benson had previously expressed concern that awnings not degrade the architecture of the building where they are installed. He said one of the changes to the ordinance is that no one is automatically entitled to have an awning. C. CONSIDERATION OF A REFERRAL FROM THE ARCHITECTURAL REVIEW COMMISSION RELATIVE TO A PROPOSAL FOR A TWO-STORY, SINGLE- FAMILY HOME IN THE R-2(7) ZONE AT 73-121 SANTA ROSA WAY. Mr. Diaz reviewed the staff report, noting that before reviewing this proposal, the Architectural Review 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • ma Commission had requested Council direction relative to two-story homes in the R-2 zone. Councilman Kelly said he felt two-story homes next to single -story were not always bad. He felt the adjacent property owners' opinions should carry a lot of weight; if there was no objection, he would not be opposed to the two-story as long as it met the height requirement. Mr. Diaz stated that the proposal did meet the height requirement. Upon question by Crites, he responded that there were only single-family homes in the area, with none of them approaching that height limit. Mayor Wilson asked whether inquiries had been made of the neighbors, and Mr. Diaz responded no. Councilmember Benson stated that Council had asked that staff be aware of neighborhood compatibility, and she did not feel two-story homes should be built among older, one- story homes. Mr. Drell stated that one of the suggestions of the Architectural Review Commission was to require that the side yard setbacks be increased if this two-story plan is to be approved. Councilman Crites said he felt the neighbors had a right to keep their neighborhood the way it is with single -story homes. Councilman Snyder agreed and added that although he agreed two-story were not necessarily bad, they should be built in an area where they are compatible with existing homes. Councilman Crites moved to, by Minute Motion, direct that the Architectural Review Commission not favorably consider two-story family homes within this area. Motion was seconded by Benson and carried by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION AND REVIEW OF A REVISED AWNING AT 73-700 HIGHWAY 111 (DAVID OF LONDON). Mr. Diaz reviewed the staff report and offered to answer any questions. MS. LAUREN ARVIZU, 73-700 El Paseo, spoke as the owner of David of London and asked that this matter be continued at 8 1 1 I 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • * • • a • • • • • • • * * • • * • • • • • • APRIL 13, 1989 this time at the recommendation of her attorney because of an approaching legal suit with the management company. Councilman Crites moved to continue this item. He added that he agreed with staff's point of view that whatever signage is put in does conform with the new sign ordinance and would not approve any signage that did not meet the new requirements. Ms. Arvizu added that there was no lettering height requirement when her sign was previously approved. Councilman Snyder seconded the motion by Crites. Motion carried by unanimous vote of the Council. E. INFORMATIONAL ITEMS: 1. LEFT -TURN PHASING AT PORTOLA AVENUE AND HIGHWAY 111. No action was required or taken by the City Council regarding this item. Councilman Crites asked that staff begin looking into the possible public uses for the southwest corner of this intersection to see what can be done once the ARCO station is removed. He felt the intersection needed to be improved as soon as possible. He also asked that staff look at getting proposals from developers for the southeast and northeast corners. Mr. Erwin responded that staff had been working with the property owners for the past year and a half. Mr. Ortega added that he would be coming back to the Council with specific proposals for both corners. Councilman Kelly stated that he was still interested in the possibility of using the land for a pocket park. 2. UPDATE ON PALMER CABLEVISION. Mr. Ortega reported that by the next City Council meeting, the feasibility study should be completed on alternative ways to bring television signals into the City. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY 1. Mr. Erwin asked that the Council adjourn to Closed Session pursuant to Government Code Section 54956.9 regarding two items of litigation. 2. Mr. Erwin stated that an item had come up after the Agenda was posted and that action needed to be taken at this time. He said the Council had entered into a parking easement agreement with Palm Desert National Bank, allowing the City to use the Bank's property. He said a request had been made by the Bank to terminate the agreement, and the Mayor had signed a release of same. He asked that the Council consider ratifying the Mayor's action. Councilman Crites moved to consider this item as one which came up after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote of the Council. Councilman Kelly moved to waive further reading and adopt Resolution No. 89-37, authorizing the Mayor to sign the Quitclaim -Release of Easement. Motion was seconded by Snyder and carried by unanimous vote of the Council. 1 1 I 10 1 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING a a a : a a a a a a a a a a APRIL 13, 1989 a a a a a a a * a * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Unveiling of New Mascot for Recycling Program - Councilman Kelly. Councilman Kelly introduced the recycling program mascot, Michael Recycle. He added that he had just returned from Yosemite where he attended the "most outstanding conference on recycling" he had ever been to. He said it was sponsored by the Local Government Commission and that they would have another conference for staff people, which he hoped John Wohlmuth would be able to attend. 2. Request for Approval of $600 Appropriation to the Children's Choir for Bus Rental for Trip to Disneyland/Performance - Councilman Kelly. Councilman Kelly said he felt this was a good opportunity to give Palm Desert state and national recognition, and he recommended approval of the $600. Councilman Kelly moved to, by Minute Motion, appropriate $600 for bus rental for the Children's Choir to go to Disneyland for a performance. Motion was seconded by Crites and carried by unanimous vote of the Council. o City Council Committee Reports: 1. Update on Recycling Program and Report on Recycling Conference - Councilman Kelly. Councilman Kelly reported on this matter under City Council Requests for Action. 2. Councilman Crites reported that CVAG's Energy and Environment Committee had met that week, and one of the items considered was mountain open space. He said Mr. Russell Kaldenburg, Manager of the Bureau of Land Management, had spoken relative to asking Congress to designate portions of the Santa Rosa and San Jacinto mountains as a national scenic area and 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • • • • • • • • • • • • • • • • • • • • • • • • restricting certain types of development. He added that he had invited Mr. Kaldenburg to make a presentation to the City Council at its next meeting. 3. Councilman Crites asked that a report be given at the next meeting relative to the status of the athletic field program. 4. Councilman Crites said that some time ago the City Attorney had been asked to obtain emergency ordinances from the City of Galveston. He said he had received these copies from Mr. Erwin's office, and he asked that the Councilmembers review them and provide input to him. He added that Mr. Erwin would then be asked to find those ordinances that fit our City's needs. and the Council could begin adopting them in terms of earthquakes. 5. Councilman Crites asked that a report be prepared for the next meeting relative to the Coachella Self Help Program. Mr. Ortega said that he and Pat Conlon had met with the executive director and advised that the City Council wanted a different type of housing than that submitted in the proposal; i.e., two bathrooms instead of one, and the ability to have both air conditioning and swamp coolers instead of just one system. He said they had asked him to refigure the costs to include these things, and they were waiting for him to get back to them. 6. Councilman Crites said he felt there should be a City policy whereby any time major intersections in the City are improved, they are upgraded to five lanes, with dual left -turn lanes, two straight, and one right -turn lane. He said this would save the City having to redo them later, and he asked that staff do a feasibility study on this matter. 12 1 1 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • • • • • * * • • * • • • * • * • • • • • • * * 7. Mayor Wilson stated that at the last meeting, Mr. Norm Reynolds of Charter Communities addressed the Council relative to screening of the air conditioning units at Hacienda de Monterey and asked that each Councilmember go out and look at it. He said Mr. Reynolds had since submitted pictures and had asked for Council direction. Mr. Phil Drell added that Mr. Reynolds would be putting up more appropriate examples of the screening in the next few days and asked that this matter be placed on the next Council agenda. 8. Mayor Wilson said that some members of the Economic Development Committee would be touring the U.C. Riverside reserve south of Ironwood Country Club at 8:30 a.m. on April 24th. He asked that any members of Council or staff contact him if they would like to attend, and he would provide the details to them. XIV. ORAL COMMUNICATIONS - 8 None Mayor Wilson stated that several Palm Desert High School students were participating in Government Day and were acting as various members of Council and staff. He suggested that Council recess for dinner at this time to allow these students to hold a mock City Council meeting. Councilman Snyder moved to recess the meeting at 5:25 p.m. to allow the Palm Desert High School students to hold a mock City Council meeting. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Wilson reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • • • • • • • • • • • • • • • • • • • • • • • • XVI. ORAL COMMUNICATIONS - C MR. ROBERT EMPKIE, 74-704 Pepper Tree Drive, Palm Desert, addressed the Council and asked that consideration be given to requiring that all businesses have uniformly sized numbers indicating their address. He also suggested that every intersection have signs indicating the block numbers. He felt these would assist visitors and tourists in locating businesses in the City. Mayor Wilson said this would be referred to staff. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CERTIFICATES OF PARTICIPATION TO PALM DESERT HIGH SCHOOL STUDENTS PARTICIPATING IN GOVERNMENT DAY. Mayor Wilson said the City was fortunate to have tomorrow's leaders here today to learn how their City government works. He introduced Palm Desert High School Principal Mike Jones and Assistant Principal Carole Hartle, who gave moral support and helped to organize this day for the students. He presented certificates of appreciation to the following students: Jeff Beno, Renee Cameron, Matt Chigas, Laura Cooper, Patrick Corzinita, Rhonda Drews, Scott Dunagan, Laura Flores, Cameo Goochey, Amber Jenson, Jill Kuhar, Leigh Lacy, Brian Larntz, Karen Smith, Nicole Wilson, and Cheryl Wu. B. RATIFICATION OF MAYOR'S APPOINTMENT, OF DR. HOVAK NAJARIAN TO THE PUBLIC ART SUBCOMMITTEE. Councilman Crites moved to, by Minute Motion, ratify the Mayor's appointment of Dr. Novak Najarian to the Public Art Subcommittee. Motion was seconded by Benson and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION, OF THE FAIRWAY DRIVE TRAFFIC MANAGEMENT PLAN. Mr. Seyed Safavian, City Traffic Engineer, reviewed the staff report and presented an in-depth slide presentation explaining certain features of the report. 14 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • * • • • • * • • * • • • • • * • • • * • • • • • Mayor Wilson declared the public hearing open and invited testimony in favor of the recommendations. Mr. Dick Miller, Fairway Drive, spoke as Chairman of the Fairway Drive Citizens Committee and urged Council's support of the staff recommendations. He asked that Council at least try the traffic measures for a six month period. The following people also spoke in favor of the proposed traffic mitigation measures to reduce the traffic, speeding, noise, and pollution in their residential neighborhood: Mr. Doug Walker,74-310 Fairway Drive, Palm Desert. Mr. Daniel Donovan, 74-300 Fairway Drive, Palm Desert. Ms. Helene Smith, 74-278 Fairway Drive, Palm Desert. Mr. Phillip Ames, 74-217 Fairway Drive, Palm Desert. Ms. Karen Donovan, 74-300 Fairway Drive, Palm Desert. Mr. Jim Gibson„ 74-860 Fairway Drive, Palm Desert. Mayor Wilson invited testimony in opposition to the recommendations, and the following people spoke stating they opposed closing Fairway as it was an alternate route to an already crowded Portola Avenue and Highway 111, and expressing their opinion that it was a public street and should not be closed to the public: Ms. Deborah Felan,74-280 Old Prospector, Palm Desert. Mr. Vern Schwinn, 74-075 Mockingbird, Palm Desert. Mr. William H. Hunter, 74-922 Shadow Circle, Palm Desert. Mr. Leroy Sawyers, 74-434 Chicory, Palm Desert. Mr. Bob Barboza, 74-691 Candlewood, Palm Desert. Mr. Hy Segar, 74-111 Covered Wagon, Palm Desert. Mr. Charles Calendar, 74-125 Mockingbird, Palm Desert. Mr. Jack Hennessy, 74-399 Old Prospector, Palm Desert. Mr. Dan Feeland, 74-280 Old Prospector, Palm Desert. Mr. Jim Gangwer, Fairway Drive/Deep Canyon, Palm Desert. Mr. Gordon Baines, 74-655 Old Prospector, Palm Desert. Mr. Randall White,73-186 Somera Road, Palm Desert. Mr. Sandy Baum, 45-800 Deep Canyon, Palm Desert. Ms. Thelma Baines, 74-655 Old Prospector, Palm Desert. Ms. Virginia Schmidt, 3 Prickly Pear, Palm Desert. Mr. Ken Waters, 74-305 Old Prospector, Palm Desert. Ms. Beatrice Tewksbury, Highway 74, Palm Desert. Mr. Robert Empkie, 74-704 Peppertree, Palm Desert. Mr. Dan Adams, 74-320 Old Prospector, Palm Desert. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • • * • • • • • • • • • : ■ • • • • • • • • • • Mr. Eric Dokey, 72-687 Sunset Lane, Palm Desert. Mr. Steven Pencoff, 74-725 Candlewood, Palm Desert. Mayor Wilson invited rebuttal from Mr. Miller, and he stated he felt the opposition came from people not forced to live with the impact of this traffic and again urging Council's support of approval of staff's recommendations for at least a six-month trial period. Mayor Wilson closed the hearing noting that each member of the Council had been out to personally see the situation and that all agreed that there was a definite problem that needs a solution. Council Comments: Crites: Said that 5,500 cars per day on Fairway definitely impacted the property values, created pollution, noise hazard, and that unless something happened to improve the situation, property would be degraded. Said he had originally favored installation of stop signs but upon question to staff was given a 74-page report which convinced them that they not only did not work, they also created a definite air -pollution problem with the stop/start-up action of cars. Said Highway 111 and Portola Avenue intersection was already a bad problem not needing any further adverse impact with diversion of traffic to it until it was completely widened on all sides. Said the traffic in and out of Vintage was a problem that should be addressed, and he had asked the City Attorney to investigate what the City could do legally. Benson: Stated the Council realized it was a bad problem brought on by the rapid growth of the City. Said she had observed the traffic for a period of time and felt that 501. of the morning traffic was to the high school and that a large part of the problem was service vehicles using it as an alternate route around Highway 111. Did not believe that taking this traffic and dumping it onto Portola and Highway 111 was a viable solution until such time as Highway 111 was improved. Opposed to closure of Fairway noting that many other streets experience the same problem and would want the same solution. Kelly: Supported the citizen committee proposal. Said he attended most of their meetings as an observer and not a participant and thought the measures they recommended would 16 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 a a a • • a a • • a • • • a • • a • a • • • a * • work. Felt the committee had put in a lot of time and effort with staff and its members were suggesting the best possible solution to this problem. Said there was no way to compare Highway 74 traffic to this as did one of the speakers against these measures. Said the committee did not recommend closure of Fairway but rather making it one way at each end. Said he knew the residents of adjacent streets would be inconvenienced as he and other residents of Fairway already were. Wilson: Said he agreed with Councilman Kelly in that the committee had done an excellent job and its recommendations should be fully considered. Stated he felt that a bad traffic situation existed and felt that a compromise could be reached that would alleviate some of the traffic but keep the street open. Favored lowering of the speed limit, adding patrol, particularly between 6 and 9 a.m. and 4 and 6 p.m. Said he would vote for additional traffic patrol just for that street. Stated he felt that the future improvements of Highway 111 and Portola would greatly help the traffic problem. Said stop signs statistically do not work but stop signs plus a radar police car would. Said he would favor doing that now with the understanding that if it did not significantly reduce traffic, the matter would come back to the Council for implementation of the committee recommendation. Snyder: Said he had been ill but was determined to be in attendance of this meeting because he felt this matter deeply important. Said Council should move cautiously and take the least troublesome way first to see if it would work before taking the more drastic recommendations of the committee. Said he too would favor increased enforcement of those streets. Councilman Crites stated that at some point the City might need to do something about closing certain streets at certain times of the day and he noted that one of the strengths of the plan presented by the neighborhood committee was that the closure they proposed on west -bound traffic at Toro Peak would keep all the traffic from Indio, Indian Wells, etc. from using it as a route to and from the south side of Palm Desert. He moved to: 1) Appropriate funds for one additional radar traffic unit eight hours per day. Of that eight hours per day, that four to five hours per day be spent on Portola Avenue and Fairway Drive with the remainder spent on Haystack Road, Mesa View Drive, and Grapevine Street; 2) That the City Attorney be directed to investigate immediately the closure of the Vintage gate on Portola Avenue to construction and truck traffic; 3) That staff bring back to the City Council at its next meeting a recommendation on the potential lowering of speed limits on Portola Avenue and Fairway Drive; 4) That staff investigate whatever limitations 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • • • • • • • • • • • • • • • • • • • • • • • • we might make during certain hours on nonautomobile traffic (service trucks, etc.) and that such measures be taken for a period of fourth months to investigate the effectiveness of it so that this would not be the end but the beginning to finding a manageable traffic flow system that protects the property values of residents on Fairway Drive. Mayor Wilson seconded the motion. Councilman Kelly moved to amend the motion to include the closure of Fairway Drive for west -bound traffic at Toro Peak. Motion died for lack of a second with Councilman Crites noting that if his motion didn't work in three months, then he would second Mr. Kelly's motion. Councilman Kelly moved to amend the motion to include the addition of bike and cart paths down both sides of Fairway Drive as well as a double, no passing line down the middle of the road, the installation of four stop signs, and the addition of four additional hours of police patrol. Mayor Wilson said he would second the motion if the maker would delete the four additional hours of police patrol, and Councilman Kelly agreed. Mayor Wilson seconded the motion. Councilman Crites spoke against the motion to amend stating that one of the problems being discussed was the entire issue of noise pollution. He said stop signs don't "do diddle" about speed; what they do effectively is spew lots of junk into the air for people living next to them. He said the Council was not trying to get traffic to screech to a halt but rather to move freely and slowly, and stop signs would not accomplish this. Mayor Wilson called for the vote, and the motion to amend was defeated by a 3-2 vote with Councilmen Snyder and Kelly voting AYE and Councilmembers Benson, Crites, and Wilson voting NO. Mayor Wilson moved to amend the motion to include the addition of bicycle/cart paths down both sides of Fairway Drive and a double line to prevent passing. Motion died for a lack of a second. After further discussion relative to the legal width of bike/cart paths, Councilman Kelly moved to amend the motion to include the installation of bike/cart lanes and a double, no passing line down the middle of Fairway Drive. Motion was seconded by Mayor Wilson and carried by a 4-1 vote with Councilmember Benson voting NO. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 Mayor Wilson called for the vote on the original motion asking its maker if he would be willing to include direction to staff to start processing work with the City of Indian We l 1 s for Phase II of the solution that includes both cities working to solve the traffic problems on this street. Councilman Crites said it was a friendly amendment he would be pleased to include in the motion. The original motion, with its friendly amendment, carried by a 4-1 vote with Councilman Kelly voting NO. B. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A CHANGE OF ZONE FROM R-2(7) (SINGLE-FAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) AND A PRECISE PLAN AND SETBACK VARIANCE FOR A 2,650 54. FT. SINGLE -STORY OFFICE BUILDING ON A 7,280 SQ. FT. LOT ON THE EAST SIDE OF MONTEREY AVENUE, 800 FEET SOUTH OF FRED WARING DRIVE - 0. MICHAEL HOMME, APPLICANT. Mr. Phil Drell reviewed the staff report,noting that the applicant was requesting a zero setback. He said Mr. Homme had reached verbal agreement to purchase the residential property to' the north, which would allow much easier implementation of this plan. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. RICK HOLDEN, 44-267 Monterey Avenue, spoke as the architect and noted that Mr. Homme was not asking to put the largest possible structure on the property. He said the structure would be no higher than 14 feet, and the 18 foot height that screens the air conditioning was toward Monterey Avenue, not toward the single family area. Councilman Crites said he felt the buildings across the street on Monterey Avenue were most attractive, with some architectural flair. He said both the architect and the developer should be complimented for doing something that is less than the maximum. MS. VONDA HERRICK, 73-041 San Nicholas, said she owned the house directly east of and adjacent to this proposed building. Although she felt it would be a tremendous improvement, she was concerned that the height be kept as proposed. She also asked what would happen to her driveway if the cul-de-sac were to be extended. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • • • • • • • * * • • • • • * • * * • • * • * • Mr. Folkers responded that the curbs and gutters would be moved closer to the houses in the cul-de-sac but would still be on City property. Mayor Wilson declared the public hearing closed. Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 570 to second reading, approving the change of zone; 2) Waive further reading and adopt Resolution No. 89-32, approving Precise Plan 89-2, Variance 89-1; 3) Waive further reading and adopt Resolution No. 89-33, Declaring the City's Intent to Vacate a Portion of San Nicholas Right -of -Way and Setting a Date for a Public Hearing; and 4) Direct the applicant and staff to meet with adjacent property owners to look at the cul-de-sac and how it impacts them in terms of turning radius, etc. Motion was seconded by Benson. Councilman Kelly asked that the meeting with the adjacent property owners take place prior to the next meeting when the ordinance is before the Council for adoption to make sure all concerns are mitigated. Mayor Wilson reopened the public hearing. MR. MIKE HOMME, 277 Santa Barbara, asked what would happen if mutual agreement could not be reached with adjacent property owners. Mayor Wilson responded that the Council would then discuss this at the second reading of the ordinance. Mayor Wilson declared the public hearing closed and called for the vote. Motion carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE (FROM R-1 TO O.P.) AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A 19,263 SQ. FT., SINGLE -STORY OFFICE STRUCTURE SOUTHWEST OF FRED WARING DRIVE AND SAN LUIS DRIVE - RAY LACERTE & CHARLES MARTIN, APPLICANTS. Mayor Wilson declared the public hearing open. Mr. Diaz reviewed the staff report,noting that the large trees currently on the site would be preserved. MR. CHARLES MARTIN, 40-840 Thunderbird Road, Rancho Mirage, reviewed the proposed elevations, noting that the back parapets were from 14 feet 6 inches to twelve feet on 20 1 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • 4 • • f s s • . * • s • • • • * * * s • * * * • the ends, with the center being approximately 15 feet, and the front parapets up to 17 feet 6 inches in order to hide mechanical equipment. He offered to answer any questions. Mayor Wilson invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. He declared the public hearing closed. Councilman Kelly stated that even though consideration was being given to matching the landscaping of this project with the medians, the City was encouraging drought resistant landscaping whenever possible throughout the City. He felt something the Council should consider is having drought resistant landscaping for all projects because it would use less water and require less maintenance. Councilman Crites said he felt the applicants deserved a great deal of praise for their sensitivity, for working with neighbors, for preserving the trees, etc. He moved to: 1) Waive further reading and adopt Resolution No. 89-34, approving GPA 88-2; 2) Waive further reading and pass Ordinance No. 571 to second reading, approving Change of Zone 88-2; and 3) Waive further reading and adopt Resolution No. 89-35, approving PP 88-10, Amendment #2, with notation to staff that Council would like the front landscaping to be compatible with that of the median. Motion was seconded by Kelly and carried by unanimous vote of the Council. D. CONSIDERATION OF A REQUEST FOR: 1. AN AMENDMENT TO GENERAL PLAN CIRCULATION ELEMENT CREATING AN INTERNAL CIRCULATION SYSTEM FOR THE SOUTHWEST QUARTER OF SECTION 4 T5S R6E; 2. AN AMENDMENT TO GENERAL PLAN USE MAP REDESIGNATING THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE FROM LOW DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL; 3. A CHANGE OF ZONE TOTALING 22 ACRES AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE FROM PR-5 TO OFFICE PROFESSIONAL; 4. A PRECISE PLAN OF DESIGN FOR A 46,000 SQ. FT. OFFICE COMPLEX ON FOUR ACRES AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND PORTOLA AVENUE; 5. A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS TO THE ABOVE CASES. PAMELA SMALLWOOD, APPLICANT. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Phil Drell reviewed the staff report and recommendation. Councilman Crites stated that this project generated 400% more traffic that the existing zoning on the property would generate. He asked what the project would do to improve the intersection of Portola and Country Club. Mr. Drell responded that the applicant would do whatever is required to ultimately build out the intersection. Crites asked if in Mr. Drell's professional opinion the change of zone from PR-5 to Office Professional would upgrade the land values. Mr. Drell responded that it would. Upon question by Councilmember Benson, Mr. Drell responded that the applicant would be required to put in a median strip down County Club Drive. Councilmember Kelly said that all traffic studies said that curb cuts should be kept off Country Club, Portola, and Monterey, and this project had them. He said that Portola should be kept a good through street to Interstate 10. Mayor Wilson declared the public hearing open and invited testimony from the applicant. MS, PAMELA SMALLW00D, 71-111 LaPaz, Rancho Mirage, addressed Council in favor of the project and offered to answer questions posed. Mayor Wilson invited testimony in favor of the project, and the following spoke: MS. MARY STOLZMAN, 74-055 Highway 111, Palm Desert, asked that she go on record in support of the rezoning, the precise plan, maintaining the greenbelt along•Portola Avenue, and concluding by saying she thought the Smallwood project a very attractive one. MR. JEWELS MARKOWITCH, Silver Sands, spoke on behalf of his homeowners association and stating that 30-40 people had attended a meeting with Mrs. Smallwood wherein she outlined her proposal and that almost everyone in attendance was in favor of it. 22 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 . . . * . * * * * . . . * . . . . . . . . * . . * DR. STOLTZMAN, 76-180 Osage, Indian Wells, spoke as the property owner directly to the north of the property being discussed. He supported the rezoning and precise plan and said he was trying to bring a first-rate medical facility to Palm Desert. MR. STORMY DAYTON, 34-645 Judy Lane, spoke as property owner adjacent to property being discussed and in favor of the rezoning and precise plan. Mayor Wilson invited testimony in opposition to the proposal, and the following spoke: MR. GEORGE KEITER, owner of five -acre parcel adjacent to the property being discussed, and said he had been trying to build on his property since 1984 but had been delayed by the City because of the North Sphere Plan. Said they had planned a convalescent hospital/retirement center that had been denied. Then came a City -imposed moratorium on any development in the area followed by a request to join the City in the development of its conference center. He said they agreed and go nowhere in six months. The hotel they proposed after that was promptly turned down. He said they decided the only thing they could build was houses so they brought in a plan for 18 homes which again was turned down, and he was told the City now did not want housing there. He said the process went on and on, and he was frustrated. MR. LARRY JOHNSON, 74-303 Highway 111, Palm Desert, said this project would adversely affect his property. MR. JOEL L. MILIBAN, 801 E. Tahquitz, Palm Springs, said that the Planning Commission had created a new zoning without the benefit of the zoning ordinance by reducing the floor ratio. He favored a "30% footprint" and addressing traffic concerns more adequately. MR. JERALD FOREST, 10 Las Crusas, Palm Desert, Silver Sands, said he was a resident among 250 others and that only 30 of them had attended the meeting where support was given, which was hardly a majority. Opposed the project as he felt it was really a commercial one. Mayor Wilson closed the public hearing. Upon question by Council, Mr. Diaz recommended continuing the matter until staff could address the questions raised about housing mitigation and others. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 • a • * a • • • • • a a • a • * • • a a • • a • Council Comments: Kelly: Thought it was a good looking project and that the medical facility was needed. Benson: Felt that Office Professional was in no way commercial and in fact Council had denied a request for a large commercial development on that corner. Mayor Wilson reopened the public hearing. Councilman Crites moved to continue the matter to the meeting of May 11, and Councilmember Benson seconded the motion. Motion carried by unanimous vote of the Council present. F. CONSIDERATION OF THE ADOPTION OF A RESOLUTION ASSESSING FEES FOR A HOME OCCUPATION PERMIT. Mr. Altman said that this issue had been brought to the City council several weeks prior, and it had instructed staff to come back with a recommendation. He reviewed same. Mayor Wilson declared the public hearing open and invited testimony in favor of or in opposition to the proposal. None was offered. He declared the hearing closed. Councilman Kelly moved to waive further reading and adopt Resolution No. 89-39, assessing said fees. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Councilmembers present. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session pursuant to Government Code Section 54956.8, Real Property Transactions and 54956.9 (a) and (b), Pending and Potential Litigation. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Councilmembers present. Mayor Wilson adjourned to Closed Session at 11:55 p.m., said session to immediately follow adjournment of the Redevelopment Agency meeting. 24 1 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1989 * * • • * • • • • • • • • • * • * * * • * * * * Mayor Wilson reconvened the meeting at 12:25 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. tGILLIGA CITY CLERK CITY OF PALM DES4T, CALIFORNIA 25 OY WILSON, MAYOR