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HomeMy WebLinkAbout1989-06-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 8, 1989 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Wilson convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Mayor S. Roy Wilson III. INVOCATION - Councilman Richard S. Kelly 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 Phill Drell, Senior Planner Greg Holtz, Senior Engineer Paul Shlllcock, ACM/Director of Economic Development V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 25, 1989. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. WR0510. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Denny's, Inc., for Denny's Restaurant #454, 72-950 Highway 111, Palm Desert. Rec: Receive and refer to Department of Community Development for processing of Conditional Use Permit. D. MINUTES of Building Board of Appeals and Condemnation Meeting of May 10, 1989. Rec: Receive and file. E. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Construction of the Highway 00-368). Rec: 74 Sidewalk (Contract No.: By Minute Motion, authorize staff to advertise and cal 1 for bids for construction of the Highway 74 sidewalk (Contract No. 00-368). F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Highway 74 Frontage Road Landscape Beautification (Contract No. 00-369). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject construction project (Contract No. 00-369). G. REQUEST FOR APPROVAL of Change Order No. 3 to Contract for Joslyn Cove Communities Senior Center (Contract No. 00- 298). Rec: By Minute Motion, approve Change Order No. 3 to the subject contract in the amount of $2,556.00. H. REQUEST FOR APPROVAL of Parcel Map 23439 (Lindley W. Blest, Applicant). Rec: Waive further reading and adopt Resolution No. 89-65, approving Parcel Map 23439. Mr. Erwin asked that Item A, the Minutes of the previous meeting, be held for discussion under Section IX of the agenda. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ JUNE 8, 1989 Upon motion by Benson, second by Crites, the Consent Calendar, except Item A, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MS. DARLENE ROMANO, 51-525 Avenida Mendoza, LaQuinta, addressed the Council as Director of the Palm Desert Children's Choir. She thanked the Council for its support of the choir and presented the City with a plaque which Disneyland gave the choir when the performed there upon invitation. Mayor Wilson responded by saying that it would be an understatement to say that the City is very proud of its Children's Choir and that they had served a great ambassadors of our community during the trip to Disneyland. MR. JEFF KUHN, 17315 Studebaker Road, Cerritos, addressed Council on behalf of ARCo and asking permission to use three types of outdoor signs for their grand opening to be held from June 11 to June 25. He said that the Director of Community Development was permitted by the ordinance to approve signs up to 30 sq. ft. which was smaller than what they wanted. He noted, however, Council had the authority to approve any size it deemed appropriate. Councilman Crites moved to add the item to the agenda for consideration as one which had come up after the agenda had been both published and posted. Councllmember Benson seconded the motion, and it carried by unanimous vote. Mr. Kuhn showed pictures of the proposed signage which included bunting, flags, and a "super tanker cup", the latter of which was proposed for display on top of the new station. Councilman Snyder said that he did not see any harm in two weeks of exploitation for the opening. Councilme.mber Benson agreed except said she could not approve the large balloon cup for the top of the building. Councilman Crites moved approve flags and bunting for the grand opening and to disapprove use of the large "super tanker cup". Councllmember Benson seconded the motion, and it carried by unanimous vote of the Council. DANIEL TALBOT, Fire Apparatus Engineer of the Riverside County Fire Department, addressed Council and presented a letter which requested permission to burn three structures within the City 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • limits as training exercises. He asked that Council add ft to its agenda for consideration as an item that had arisen after posting of the agenda. Upon motion by Crites, second by Snyder, the request was added to the agenda by unanimous vote of the Council as one that had arisen after final posting of the agenda. Mr. Talbot stated that the structures were located at 44-121, 44-107, and 44-099 San Luis Rey. He requested permission for the burnings on June 26, 28, and 30, 1989, between the hours of 6 p.m. and 10:30 p.m. He said that the Air Quality Management Board had approved these dates as well. Mayor Wilson said he would abstain from voting on the issue because he disagreed with A.Q.M.D. that this was a good time to burn in that it was probably the worst time of day to do it because air quality was bad during those hours. Councilman Crites asked if the Fire Department understood that the trees on those lots were to be saved as they were very old. Mr. Talbot responded that the Fire Department was actually the Department of Forestry and that all precautions would be taken to protect the trees. Councilman Snyder moved to approve the request for live fire training exercises at 44-121, 44-107, and 44-099 San Luis Drive, Palm Desert, on June 26, 28, and 30, 1989, between the hours of 6:00 p.m. and 10:30 p.m. Councilman Crites seconded the motion. Motion carried by a 4-0-1 vote with Mayor Wilson ABSTAINING for the reasons he stated. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 575 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Mr. Altman stated that this was a companion action to that which the Council had taken at a previous meeting. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • * • * • • • • • * • * • • • * * • • • • • Upon motion by Crites, second by Benson, Ordinance No. 575 was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 573 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A TRANSPORTATION UNIFORM MITIGATION FEE. Mr. Erwin asked that the Council hold any action on this item until after discussion of the minutes of the previous meeting under Section IX, Consent Items Held Over. (After discussion under Section IX, no action was taken on this item. See Section IX of these minutes for explanation). B. ORDINANCE NO. 574 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF ZONE FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO P (PUBLIC/INSTITUTION) FOR 3.2 ACRES AT THE NORTHEAST CORNER OF PORTOLA AVENUE AND FAIRWAY DRIVE (HOPE LUTHERAN CHURCH, APPLICANT), CASE NO. C/Z 89-4. Mr. Altman reported that no input had been received since first reading of this ordinance. Upon motion by Snyder and second by Kelly, Ordinance No. 574 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of May 25, 1989. Mr. Erwin stated he had asked that these be held for discussion of Page 15. He noted that the minutes reflected that upon motion by Kelly, Ordinance No. 573, by unanimous vote, was passed to second reading. He noted, however, that the ordinance had received first reading at the meeting of May 11, 1989, and asked that this particular motion be corrected to read that the Council had in fact adopted the ordinance on May 25. He said this could be done by simply changing the words "pass to second reading" to "adopt". Councilman Kelly moved to amend the May 25, 1989, minutes, Page 15, to reflect that the Council had adopted Ordinance No. 573 at that meeting. Councilman Snyder seconded the motion, and the motion carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Erwin noted that the action postponed for Ordinance No. 573 Section VIII, Ordinances for Adoption, was no longer necessary. X. NEW BUSINESS A. STAFF REPORT ON BANNER SIGN FOR CHINA GARDEN RESTAURANT. Mr. Wayne Ramsey stated there was nothing in the Municipal Code to permit this type of signage. Upon question by Councilman Crites, he responded the Code did allow for a smaller, summer sign. Councilman Kelly said he felt these smaller restaurants which were staying open for the summer months should be allowed some type of signage to help them during the slower summer months. Councilman Crites pointed out that the Municipal Code does allow a summer sign, just a smaller one than that which this business was displaying. Councilman Crites moved to deny the appeal and instruct staff to inform the applicant of the availability of a five square foot sign under the current sign program as well as a requirement that the sign be replaced with something more permanent in the future. Councilman Kelly seconded the motion, and the motion carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF APPEAL TO INSTALLATION OF NEW GREY ON BLACK DROP AWNING AT 73-640 EL PASEO (MAURY SYMONDS, APPLICANT). Mr. Drell reported that the Architectural Review Commission had approved this awning and that a member of the City Council had called it up for review. Councilman Crites pointed out that the building in this case was brown with a red tile roof, and he did not feel that a black awning down the 40 to 50 foot length of the building would blend with the colors and architecture. He said he called this item up to simply ask that the color be one in keeping with the intentions of the sign ordinance committee -- one that would blend with the architecture and background of the building. Councilmember Benson said that when the committee had toured the business community, it had commented on how nice the beige awning on this building looked. Mr. Drell pointed out that the building itself has now been painted . beige. 6 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • a • • • • a • • • • • a • • • a a • • • * • • • Councilman Crites moved to deny the color of this particular awning and to instruct staff to advise the Architectural Review Commission that the awning needs to be of a color design that architecturally blends with the building, one that accents the building, and one which is a various shade of brown. Councilmember Benson seconded the motion, and it carried by unanimous vote. Councilman Kelly said one of the biggest problems with El Paseo was finding the addresses on buildings. Councilman Crites pointed out that all new awnings will be required to have addresses on them. C. STAFF REPORT ON INTERSECTION STOP CONTROL CHANGES FOR COOK STREET/JONI DRIVE AND PORTOLA AVENUE/MARRAKESH. Mr. Seyed Safavian reviewed the staff report and recommendation in detail. Councilman Snyder moved to by Minute Motion, modify Portola Avenue/Marrakesh from a two-way to four-way stop and Cook Street/Joni Drive from a one-way to three-way stop and to direct staff to proceed with plans to install turn -signal lights at both places. Councilmember Benson seconded the motion, and the motion carried by unanimous vote. D. STAFF REPORT REGARDING ARTIST SELECTION FOR FUTURE PUBLIC BUILDINGS. Mr. Altman noted a staff report and recommendation that in all future Requests for Proposals for public buildings, a requirement will be added that the architect include as part of his team a qualified artist with experience in public art and that said artist must be approved by the City. In addition, the R.F.P. will outline the duties of the artist consultant as: "Serving in the capacity of lead artist on the design team, whose responsibility it shall be to establish an art plan for the facility." Upon motion by Crites and second by Benson, the report was Received and Filed by unanimous vote of the Council. E. REPORT ON STREET CONDITIONS AT PARKVIEW DRIVE AND JOSHUA ROAD. Mr. Holtz reported that a potential hazardous problem existed at this location with skateboarders using the road as ramps. He said that construction would install barrier curbs which prevent this type of activity. Councilman Snyder moved to, by Minute Motion, direct that curbing be installed as part of the 1988-89 Curb and Gutter Program to eliminate 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • a • a a a • • • • • • • • • a • • • • • • • problems as stated in letter dated May 24, 1 989) . Councilman Kelly seconded the motion, and it carried by unanimous vote. F. INFORMATIONAL ITEMS: 1. Update on Palmer CableVision. Mr. Ortega said he had noting new to report at this time. Upon question by Councilman Kelly, Mr. Ortega said he would provide Council with a copy of the cable complaint log kept in his department. 2. Update on Library. Mr. Altman reported that Mr. Ortega had come up with steps to move forward with the library and that the College of the Desert had expressed a willingness to cooperate. He said staff would proceed with the filing of a grant application for a facility on College property. Upon question by Councilman Kelly, Mr. Altman responded that it would be up to the College and the county of Riverside to operate the facility. The City's responsibility was a capital one. XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. CONSIDERATION OF EXTENSION OF TIME FOR PARCEL MAP 22794, COOK-HOVLEY DEVELOPMENT, APPLICANT. Mr. Altman said this item had come up after the agenda had been posted and asked that Council add it to the agenda by a 4/5 vote. Upon motion by Crites and second by Benson, the item was added to the agenda by unanimous vote of the Council. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • • * • • * • • • • * * • • • * •• a • • • • Councilman Crites moved to grant the time extension for Parcel Map 22794, and Councilman Snyder seconded the motion. The motion carried by a 4-1 vote with Councilman Kelly voting NO. 2. Mr. Altman reminded the Council it needed to adjourn this meeting to 11 a.m. on Thursday, June 15, 1989, for the purpose of reviewing the proposed budget for Fiscal Year 1989-90. B. CITY ATTORNEY 1. Mr. Erwin reported that a committee had met to review the City's current regulations for golf carts on public streets which allows carts within a one -mile radius of a golf course. However, none of the routes specified in the Code was within a one -mile radius of any course. He said he was preparing a revision to the Vehicular Code that would allow for golf cart paths, similar to bike paths, which would be allowed on only those streets with a speed limit of 25 mph unless his proposed 35 mph revision was approved as well. Mr. Erwin advised Council of the need for a Closed Session under Section 54956.9 (a) and (b) for Johnson vs. the City of Palm Desert, Palm Desert vs. Indian Wells/Sunterra, and for property acquisition. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action:, 1. Councilman Crites said he had just been advised of a hearing to consider the B.L.M.'s proposal for the creation of a new National scenic area in the Santa Rosa Mountains. He asked that the item be added to the agenda for Council consideration of support. Upon motion by Crites, second by Kelly, the item was added to the agenda by unanimous vote of the Council. Councilman Crites moved to direct the Mayor to send a letter to the Bureau of Land Management supporting the concept of the establishment of a national scenic area within the Santa Rosa mountains. Counciimember Benson seconded the motion, and it carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • o City Council Committee Reports: Councilmember Benson reported that the new C.V.B. had adopted its first budget and that the organization was off to a very good start. She noted that the Hotel/Motel Association of the Valley was hosting a kick off on June 29th from 5 to 7 p.m. at the Ritz Carlton and encouraged her colleagues to attend. Mayor Wilson asked staff to give the City Council a time table of actions required to amend our General Plan to include new air quality standards. He noted the City had 18 months from March 19th to enact this legislation. XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn to Closed Session pursuant to Government Code Section 54956.9 (a) and (b), Johnson vs. City of Palm Desert, Palm Desert vs. Indian Wells/Sunterra, and property acquisition. Councilman Kelly seconded the motion which carried by unanimous vote. Mayor Wilson adjourned to Closed Session at 5:28 p.m., said session to immediately follow adjournment of the Redevelopment Agency meeting. He recessed from Closed Session to dinner break at 6:14 p.m. Mayor Wilson reconvened the meeting at 7 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAOUE OF APPRECIATION TO CAPTAIN JAKE BOWSER OF THE PALM DESERT POLICE DEPARTMENT. Mayor Wilson presented the plaque to Captain Bowser who thanked the City, its Council, and staff for the pleasure of working in the Palm Desert. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 4 (TRACT 8237, Parkview Estates). Mayor Wilson declared the Public Hearing OPEN and asked for staff's report. Mr. Altman noted the staff report included in the Council packet and offered to answer any questions posed. Mayor Wilson invited testimony in FAVOR of the request, and none was offered. He invited testimony in OPPOSITION to the request, and none was offered. He declared the Public Hearing CLOSED. Upon motion by Snyder, second by Kelly, Resolution No. 89-67, levying the annual assessments for District No. 4 for fiscal year 1989- 90, was adopted by unanimous vote of the Council. 8. REQUEST FOR CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1980-1 (PRESIDENTS PLAZA). Mayor Wilson declared the Public Hearing OPEN and asked for staff's report. Mr. Altman noted the staff report Included in the Council packet and offered to answer any questions posed. Mayor Wilson invited testimony in FAVOR of the request, and none was offered. He invited testimony in OPPOSITION to the request, and none was offered. He declared the Public Hearing CLOSED. Upon motion by Crites, second by Benson, Resolution No. 89-68, levying the annual assessments for District No. 1980-1 for fiscal year 1989-90, was adopted by unanimous vote of the Council. C. REQUEST FOR CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 81-3 (TRACT NOS. 12181-1 AND 12181-2, THE VINEYARDS). Mayor Wilson declared the Public Hearing OPEN and asked for staff's report. Mr. Altman noted the staff report included in the Council packet and offered to answer any questions posed. Mayor Wilson invited testimony in FAVOR of the request, and none was offered. He invited testimony in OPPOSITION to the request, and none was offered. He declared the Public Hearing CLOSED. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1969 . . . . * . . . . * . * . . . . . . . . . . . * . Upon motion by Kelly, second by Benson, Resolution No. 89-69, levying the annual assessments for District No. 81-3 for fiscal year 1989-90, was adopted by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 5 (COOK STREET/COUNTRY CLUB DRIVE MEDIANS). Mayor Wilson declared the Public Hearing OPEN and asked for staff's report. Mr. Altman noted the staff report included in the Council packet and offered to answer any questions posed. Mayor Wilson invited testimony in FAVOR of the request, and none was offered. He invited testimony in OPPOSITION to the request, and none was offered. He declared the Public Hearing CLOSED. Upon motion by Crites, second by Snyder, Resolution No. 89-70, levying the annual assessments for District No. 5 for fiscal year 1989- 90, was adopted by unanimous vote of the Council. E. REQUEST FOR CONSIDERATION OF ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 2 (CANYON COVE). Mayor Wilson stated that this district was different from the others in that it was the only one that the City paid 2/3rds of the cost of each assessment and asks the property owner to pay 1/3. He said this was because a portion of the district is a drainage channel and the City had greed to pay the 2/3rd cost because of it. He noted that the per parcel assessment amount recommended was $60 per parcel paid by the property owner and $120 per parcel paid by the City. However, if the residents wanted to see an upgrading to include seed in the winter to keep the area green year-round, then the City estimated that it would cost $300 per parcel, $100 of which would be paid by the property owner and $200 paid by the City. Mr. Altman added that C.P.I. increase brought the proposed assessment to $62.40 per parcel. Mayor Wilson invited testimony in FAVOR of the request, and the following individuals spoke: MR. RUSSELL RICHARDSON, 73-270 Calliandra, spoke as a member of the subcommittee recommending that the assessment be raised to $100 per parcel. He said the subcommittee's recommendation had been unanimous that it would be better for the homeowners if the area were greener all year long. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • JUNE 8, 1989 • • • • • • • • • • MR. TONY COMPANERO, 73-037 Haystack Road, spoke as a property owner in the district and in favor of the $100 assessment. MS. SUSAN HOWELL, 73-350 Ca11iandra, endorsed the subcommittee's recommendation of $100 per parcel. Upon question by Councilman Crites, John Wohlmuth responded that the $100 included overseeding, fertilizing, and more watering. It did not include funds for replacement of dead or diseased trees. He said trees would not be replaced as they created a problem in mowing. Mayor Wilson invited testimony in OPPOSITION to the request, and the following spoke: MR. ALBERT BARBER, 72-750 Ambrosia, submitted a petition with 82 signatures of people opposed to paying any assessment at all. MR. LOU ZANKIS, 72-935 Deer Grass, said the City should do like LaQuinta had done in forming a city-wide assessment district. Councilman Crites responded that the City of LaQuinta's district was not for landscaping and lighting but rather for curbs, gutters, sewers, gas lines, etc. With no further testimony offered, Mayor Wilson declared the hearing CLOSED. Mr. Altman stated that he would recommend assessing the $62.40 per parcel. At the request of Mr. Zankis, the hearing was REOPENED. Mr. Zankis questioned the recommendation of the subcommittee. Mr. Altman said that twelve had served on the committee and that eight had been present when the recommendation was voted on, and of that eight, the vote was unanimous. Mr. Wohlmuth stated that the subcommittee had allowed any interested property owner an opportunity to participate in the group. Everyone who indicated an interest was invited to attend all of the meetings. MR. HAL SNOWDEN, 47-230 Sand Sage, addressed Council stating that one of the reasons he bought a home in Canyon Cove was the beauty of the greenbelt. He favored the $100 assessment. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • MR. ALBERT BARBER spoke again reiterating his position that the homeowners of Canyon Cove should not pay unless every other property owner who benefited, in his opinion, paid as well. MS. SUSAN HOWELL spoke again stating that she and the other owners in favor of the $100 assessment had never been asked to sign the petitions presented by Mr. Barber. Mayor Wilson CLOSED the Public Hearing. Councilman Kelly said that the developer had agreed to this assessment district to offset increased density he received. Kelly said that the developer said he would put the greenbelt in and the homeowners would maintain it. The increased density also lowered the cost of,the homes. Councilman Snyder agreed noting that the homeowners association had been formed as part of this district and its responsibility to maintain this greenbelt. Mayor Wilson said he felt that Council should follow the wishes of the people and make the greenbelt as nice as possible which is what the $100 per parcel assessment would do. Councilman Crites moved to set the assessment at $100 per parcel per homeowner and $200 per parcel from the City to show what the greenbelt would look like at its best. If at the end of this fiscal year the owners still think it is too much, the assessment could be reduced and maintenance would be reduced accordingly. Councilmember Benson seconded the motion. Motion carried by unanimous vote. F. REQUEST FOR CONSIDERATION OF FORMATION OF AND ANNUAL ASSESSMENT FOR LANDSCAPING AND LIGHTING DISTRICT NO. 6 (MONTEREY MEADOWS). Mayor Wilson declared the Public Hearing OPEN and asked for staff's report. Mr. Altman noted the staff report included in the Council packet and offered to answer any questions posed. Mayor Wilson invited testimony in FAVOR of the request, and none was offered. He invited testimony in OPPOSITION to the request, and the following spoke: MR. JACK BROWN, 40-640 Meadow Land, said he was not speaking against but rather asking questions. He wanted to know who else would pay and how far down the district would go. He also asked what the Resolution Nos. 89-61 and -64 were for. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Wohlmuth responded that the resolutions were published noticing the public hearings to form the district and to set the assessments. He said the development across the street from this one would eventually be annexed into this district and assessed a fair share of the cost. He said none of the homeowners of a development would be asked to pay for another development's costs but rather one district would be formed and the assessment would be spread throughout. He said that this particular segment of Hovley would not include a median strip; this assessment was for the landscaping of the parkway between the curb and the block wall of the project. The proposed assessment was for $44.60 per parcel per year. Mayor Wilson declared the Public Hearing CLOSED. Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 89-71, ordering the formation of the subject assessment district and confirming the diagram and assessment report, and 2) waive further reading and adopt Resolution No. 89-72, levying the annual assessment for fiscal year 1989-90. Motion carried by unanimous vote. G. REOUEST FOR CONSIDERATION APPEAL OF PLANNING COMMISSION DECISION DENYING CHANGE OF ZONE FROM R-3 (4) MULTI -FAMILY (ONE UNIT PER 4000 SQUARE FEET) TO R-3 (ONE UNIT PER 2500 SQUARE FEET) FOR THE NORTH SIDE OF ALESSANDRO BETWEEN DEEP CANYON ROAD AND CABRILLO AVENUE AND A NEGATIVE DECLARATION AND PRECISE PLAN FOR A 13 UNIT ONE STORY APARTMENT PROJECT AT THE NORTHEAST CORNER OF ALESSANDRO DRIVE AND SANTA YNEZ AVENUE (MIRALESTE INVESTMENT COMPANY, APPLICANT), CASE NO. C/Z 88-9 and PP 88-20. Mr. Drell reviewed the staff report and recommendation. Mayor Wilson declared the Public Hearing OPEN and invited testimony in FAVOR of the request. The following spoke: MS. KAY DRIVER spoke on behalf of the property owner, Charles McLaughlin, in favor of the one unit per 2,500 sq. ft. zoning. Mayor Wilson Invited testimony in OPPOSITION to the request, and none was offered. He declared the Public Hearing CLOSED. Councilman Kelly said he thought the best use of the property would be something that would tie in with the 111 property so that the whole thing could be improved. He said that when the Palma Village Plan was approved, there were certain portions of it he did not agree with, and this was one of them. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Councilmember Benson said that anything on that property would be an improvement and the purpose of creating that zoning was to encourage people to upgrade their property. She saw this request as doing just that. Councilman Crites said he felt that the City Council and Planning Commission should meet jointly to discuss this type of zoning before any was approved. Councilman Snyder said that this project would back up to 13,000 sq. ft. lots, and the City had an obligation to protect them as well. He said he was reluctant to disagree with the Planning Commission in its denial of this. Upon question by Mayor Wilson, Mr. Erwin responded that the Council could uphold the Planning Commission denial without prejudice as long as the Public Hearing was reopened and the minutes reflected thus and that the only person who spoke was still in the audience. Mayor Wilson said he thought this would allow the Council an opportunity to work with the Commission on the issue and would allow the applicant to refile after these joint meetings. Councilman Crites moved to uphold the Planning Commission decision without prejudice and by doing that, deny the appeal to the City Council and direct staff to set up a joint meeting with the Planning Commission about this and other issues. Councilman Snyder seconded the motion, and the motion carried by a 4-1 vote with Councilmember Benson voting NO. H. REQUEST FOR VACATION OF A PORTION OF STREET RIGHT-OF-WAY KNOWN AS PALM DESERT DRIVE SOUTH (FRONTAGE ROAD) EAST OF EL PASEO. Mayor Wilson declared the Public Hearing OPEN and asked for staff's report. Mr. Joe Gaugush reviewed the report and recommendation. Mayor Wilson invited testimony in FAVOR of the request, and the following spoke: MR. LOU GLISSEN, #4 Palma Drive, Rancho Mirage, addressed Council as the applicant and in favor of the request. Mayor Wilson invited testimony in OPPOSITION to the request, none was offered. He declared the Public Hearing CLOSED. and Councilman Kelly said he thought this a great use of the land and a great way to get that portion of the super block completed. 16 _ MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 8, 1989 • a • • • • • • • • • a • • • a a • • • • • • a • Mayor Wilson disagreed in that he felt it an inappropriate use of that historical site. Councilmember Benson agreed with Mayor Wilson. Upon motion by Kelly, second by Crites, Resolution No. 89-74, vacating a portion of public right-of-way known as Palm Desert Drive South, was adopted by a 3-2 vote with Councilmembers Benson and Wilson voting NO. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Mayor Wilson adjourned the meeting at 8:55 p.m. to 11 a.m. on Thursday, June 15, 1989, for the purpose of discussing the proposed 1989- 90 Fiscal Year Budget. ATTEST: SHEILA R ILLIGAN,CITYLERI CITY OF M DESERT, CALIFORNIA 17