HomeMy WebLinkAbout1990-05-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 24, 1990
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Crites convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
1(1. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Richard S. Kelly
Mayor Pro-Tempore Walter H. Snyder
Councilman S. Roy Wilson
Mayor Buford A. Crites
Also Present:
Bruce A. Altman, City Manager
Carlos L. Ortega, ACM/Director of RDA
David J. Erwin, City Attorney
Mary P. Frazier, Deputy City Clerk
Richard J. Folkers, ACM/Director of Public Works
Paul Shillcock, ACM/Director of Economic Development
Ramon A. Diaz, ACM/Director of Planning/Community Development
Paul Gibson, Finance Director/City Treasurer
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of Mav 10.
1990.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR0414, 0416, and 0501.
Rec: Approve as presented.
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MAY 24, 1990
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C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by John Trefts
for Nonchalance, 74-360 Palm Desert Drive, Palm Desert.
Rec: Receive and file.
D. RESOLUTION NO. 90-50 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE
DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN
MICROFILMED.
Rec: Waive further reading and adopt.
E. RESOLUTION NO. 90-51 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE
DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN
MICROFILMED.
Rec: Waive further reading and adopt.
F. REQUEST FOR APPROVAL of Country Club Drive Median Plan.
Rec: By Minute Motion, authorize the approval of the
subject plan.
G. REQUEST FROM NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS
for Authorization to Transfer City Funds Contributed for
Defense in Federal Bond Registration Matter.
Rec: By Minute Motion, approve the request and so
advise the applicant.
H. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-084-1 Renewing
the Library Lease with the City of Riverside.
Rec: By Minute Motion, approve the agreement and
authorize the Mayor to execute same.
I. RESOLUTION NO. 90-52 - A Resolution of the City Council of
the City of Palm Desert, California, Declaring its Intent
to Levy and Collect Assessment Within Landscaping 8
Lighting Assessment District No. 2 (Canyon Cove) in Fiscal
Year 1990-91.
Rec: Waive further reading and adopt.
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.I . RESOLUTION NO. 90-53 - A Resolution of the C: I tv Counc_ I 1 of
the City of Palm Desert, California, Declaring its Intent
to Levy and Collect Assessments Within Landscaping 8
Lighting Assessment District No. 6 (Monterey Meadows) in
Fiscal Year 1990-91.
Rec: Waive further reading and adopt.
K. RESOLUTION NO,90_754 - A Resolution of the City Council of
the City of Palm Desert. California, Declaring its Intent
to Levy and Collect Assessments Within Landscaping 8
Lighting Assessment District No. 1980-1 (Presidents'
Plaza) in Fiscal Year 1990-91.
Rec: Waive further reading and adopt.
L. RESOLUTION _NO_._ 90-55 - A Resolution of the City Council of
the City of Palm Desert, California, Declaring its Intent
to Levy and Collect Assessments Within Landscaping 8
Lighting Assessment District No. 5 (Cook Street/Country
Club Drive Medians) in Fiscal Year 1990-91.
Rec: Waive further reading and adopt.
M. RESOLUTION NO. 90-56 - A Resolution of the City Council of
the City of Palm Desert, California, Declaring its intent
to Levy and Collect Assessments Within Landscapina 8
Lighting Assessment District No. 81-3 (The Vineyards) in
Fiscal Year 1990-91.
Rec: Waive further reading and adopt.
N. RESOLUTION NO. 90-57 - A Resolution of the City Council of
the City of Palm Desert. California, Declaring its intent
to Levy and Collect Assessments Within Landscaping 8
Lighting Assessment District NO. 4 (Parkview Estates' in
Fiscal Year 1990-91.
Rec: Waive further reading and adopt.
0. REQUEST FOR APPROVAL of Plan for Replacement of Date Palm
Trees on the Civic Center Site.
Rec:
By Minute Motion, approve the request and
authorize staff to substitute other varieties of
Palm trees for the date palms needing
replacement and planned for the Civic Center
Complex.
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P. LETTER FROM THE MAY DESIGN 8 CONSTRUCTION COMPANY
Requesting Approval of a One -Year Time Extension for an
Approved Expansion Plan.
Rec: Refer to staff for report and recommendation.
Q. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for Contract No. 00-437, Curb, Gutter, and Cross Gutter
Repair.
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for Contract No. 00-
437.
R. REQUEST FOR AWARD OF CONTRACT NO. 00-427, Handicap Ramps
and Sidewalk Repairs Along El Paseo.
Rec:
By Minute Motion, award Contract No. 007427 to
Allred and Kyser Construction Company in the
amount of $95,783.50 and authorize a ten -percent
contingency in the amount of $9,578.35.
S. REQUEST _FOR APPR_OVALOF AGREEMENT NO. 00-438 with
Municipal Resource Consultants to Conduct a City Sales Tax
Audit.
Rec:
By Minute Motion: 1) Approve Agreement No. 00-
438 and authorize the Mayor to execute same; 2)
Appropriate $7,575 to Account No. 110-4159-3090
from the Unobligated General Fund Balance.
T. REQUEST_. FOR APPROVAL of Revisions to the Activities/
Promotion Committee's Goals and Objectives.
Rec:
Waive further reading and adopt Resolution No.
90-58, revising the Goals and Objectives of the
A/P Committee.
U. REQUEST FOR AUTHORIZATION to Proceed with the Design of
the Proposed Library.
Rec:
By Minute Motion. authorize staff to begin the
architect selection procedure by preparing a
request for proposal and beginning the selection
process.
Councilman Wilson asked that Items D, F, I. 0. S. and U be
removed for discussion under the Consent Items Held Over
portion of the Agenda. Mayor Crites asked that Item P also be
removed for _c parate discussion.
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Upon motion by Kelly, second by Benson. the Consent Calendar.
with the exception of Items D. F. I. 0. P. S. and U. was approved as
presented by unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
MR. TOM FREEMAN. Emergency Services Coordinator for Riverside
County Fire Department, addressed Council and stated that the
City's emergency plan was almost complete and should be in the
City Manager's office for review in July.
With Council concurrence, Mayor Crites suspended the remainder
of the Agenda at this point to discuss Item B of Continued
Business relative to Vista Paseo - Phase II (Tract 22283). See
that section of the Minutes for Council discussion and action.
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 608 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT. CALIFORNIA, AMENDING CHAPTER 2.52
OF THE CITY OF PALM DESERT MUNICIPAL CODE DEALING WITH
PERSONNEL.
Mr. Altman recommended that Council continue this item to
the meeting of June 14th in order to allow the Employees'
Organization time to review the ordinance.
Upon motion by Wilson. second by Snyder, and unanimous vote of
the Council, Ordinance No. 608 was continued to the meeting of June 14.
1990.
For Adoption:
A. ORDINANCE NO. 606 - AN ORDINANCE OF THE CITY COUNCIL. uF
THE CITY OF PALM DESERT, CALIFORNIA. APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND
WEBCO PACIFIC TO ALLOW CONSTRUCTION OF A 15-UNIT SFNIOR
HOUSING PROJECT AT SANTA ROSA WAY. CASE NO. DEVELOPMENT
AGREEMENT FOR CUP 90-4.
Mr. Altman stated that no changes had been made ,,re
introduction of this ordinance, and he recommended ;t5
adoption.
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Councilmember Benson moved to waive further reading and adopt
Ordinance No. 606. Motion was seconded by Kelly and carried by unanimous
vote of the Council.
IX. CONSENT ITEMS HELD OVER
D. RESOLUTION NO. 90-50 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS
FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE
DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN
MICROFILMED.
Councilman Wilson stated although he felt this was a
routine item, he would ask Council's concurrence in
directing staff to look into changing from microfilm to a
CD system where information is actually stored on disks
which can then be accessed by the computer. He said it
was supposed to be cheaper and more easily accessible than
microfilm in the long run. He noted that the Air Ouality
Management District was considering doing the same. He
stated that if staff was interested, he had a list of 38
companies in Southern California that deal with the
system. Council concurred.
Councilman Wilson moved to waive further reading and adopt
Resolution No. 90-50. Motion was seconded by Benson and carried by
unanimous vote of the Council.
F. REQUEST FOR APPROVAL of Country Club Drive Median Plan.
Councilman Wilson questioned Item #4 of the recommendation
listed in the staff report and asked why stamped concrete
was being recommended instead of rock as in other median
strips.
Mr. Folkers responded that in very narrow parts. stamped
concrete works better.
Mayor Crites stated that although the staff report did not
indicate, he assumed that climate appropriate landscaping
would also be looked at.
Mr. Folkers responded that it was and that all landscaping
of medians in the future would be drought tolerant
variety.
Councilman Wilson moved to, by Minute Motion. authorize the
approval of the subject plan. Motion was seconded by Kelly and carried
by unanimous vote of the Council.
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1 RESOLU T I ON_ NO. _90-52_ - A Resolution of the City Council of
the City of Palm Desert. California, Declaring its Intent
to Levy and Collect Assessment Within Landscaping &
Lighting Assessment District No. 2 (Canyon Cove) in Fiscal
Year 1990-91.
Councilman Wilson asked whether staff was meeting with the
maintenance committee in Cannon Cove and assessing what
has been done in the past year so that Council can have
information and data for the public hearing.
Mr. Folkers responded that the committee disbanded when
the City went into the assessment district and hired a
contractor. He said he had been getting positive comments
about the way it looked. and as long as things seemed to
be going well, staff found no reason to continue the
committee.
Mr. Altman added that staff was not talking about any
substantial changes in the assessment other than CPI,
which the homeowners had been advised of at the time.
Councilman Wilson asked whether the homeowners had any
reaction such as wanting to lower the maintenance again,
not liking the year-round seeding, etc.
Mr. Folkers responded that there was no formal group, that
some of the people on the committee had moved away. and
that the committee had not been active for approximately
two years.
Councilman Snyder moved to waive further reading and adopt
Resolution No. 90-52. Motion was seconded by Benson and carried by
unanimous vote of the Council.
0. REQUEST FOR APPROVAL of Plan for Replacement of Date Palm
Trees on the Civic Center Site.
Councilman Wilson asked what kind of palm trees staff was
talking about substituting. He said he would have
objections to replacing the date palms with Washingtonia
palms because they are native to Palm Springs and the
canyon areas, whereas Palm Desert was named for the date
Palms which were a major industry when Palm Desert
acquired Its name.
Mr. Folkers responded that the problem with the date palms
was with the older trees because they do not receive the
water infusion in the summer months that they should and
are. therefore. not as healthy as the ones in a date palm
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grove. As a result, when there are high winds, the crowns
tend to break off. He said the intent was not to get rid
of the date palms completely but to try and put them in a
more suitable location.
Mayor Crites added that fairly young trees which are
transplanted take root and do very well; however, if older
and taller trees are transplanted, growth is stunted for
the first year or so after the move, and a weak spot is
formed on the trunk.
Councilman Kelly stated he objected to the Coco Palms
discussed in the staff report and felt Palm Desert should
stay with the date palms and Washingtonia.
Councilman Wilson stated he would like to find out where
the City can obtain the right height date palms and
continue the date palm look as we move eastward with the
Sheriff Station rather than changing tree styles.
MR. MEL CURCI addressed Council and stated he was in the
palm tree business. He said his firm had planted the
trees out here in the very beginning of the City. He
added that the reason some of the tops were coming down
was that they used to drop the trees in the field before
they were transplanted. He said now the trees that are to
be transplanted are laid down with loaders and, if
properly watered when put in, will not have the weak spot.
Councilman Wilson moved to, by Minute Motion, direct staff to
explore appropriate ways to replace date palm trees needing replacement
and planned for the Civic Center Complex. Motion was seconded by Kelly
and carried by unanimous vote of the Council.
P. LETTER FROM THE MAY DESIGN 8 CONSTRUCTION C_ OM_PANY_
Requesting Approval of a One -Year Time Extension for an
Approved Expansion Plan.
Mayor Crites asked that staff prepare a report for the
next agenda addressing what the Palm Desert Town Center's
intention is relative to a tree program in the parking
lot. He said he felt what they had in there at this time
was not working and was unacceptable. He added that he
did not want to see this program wait another year and a
half because of this time extension.
Mr. Altman responded that he was not sure there was
anything before Council at this time to condition and
require a tree program.
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Mayor Crites stated that they had indicated they would be
willing to discuss a tree program but had asked that it
wait for a month or so until they came in with the
expansion program. He said he would like staff to contact
the Palm Desert Town Center and ask if they are still
willing to talk.
Councilman Wilson moved to. by Minute Motion, refer this matter
to staff for a report and recommendation, with specific direction to
staff to meet with representatives of the Palm Desert Town Center
regarding the parking lot tree program. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
S. REQUEST FOR APPROVAL OF AGREEMENT NO_ 0_0-272 with
Municipal Resource Consultants to Conduct a City Sales Tax
Audit.
Councilman Wilson asked if it was standard practice to pay
a flat fee plus a contingency fee of 251. of all extra
money they find for the City.
Mr. Gibson responded that the $4,000 was the fee charged
to prepare quarterly reports indicating the too ten
producers in sales tax, etc. The other amount is for
auditing and verifying that everyone is reporting their
sales tax to the State, and they receive 25% of any
additional sales tax revenue obtained for the City. He
added that to date, they had found approximately $I42,000
in additional sales tax revenue.
Councilman Wilson moved to, by Minute Motion: 1) Approve
Agreement No. 00-272 and authorize the Mayor to execute same: 2)
Appropriate $7,575 to Account No. 110-4159-3090 from the Unobliaated
General Fund Balance. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
U. REQUEST FOR AUTHORIZA_T_IO_N to Proceed with the Desion of
the Proposed Library.
Councilman Wilson stated, as with the YMCA building. he
had concerns that as plans move forward with this prolert.
staff look at the Engineering News Record increases in
construction costs to see if the percentage increase for
this building is in line, and if not, find out what is
causing the costs to increase so much.
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Councilman Wilson moved to, by Minute Motion, authorize staff
to beain the architect selection procedure by preparing a request for
proposal and beginning the selection process, with direction to -staff as
stated above. Motion was seconded by Kelly and carried by unanimous vote
of the Council.
X. NEW BUSINESS
A. REQUEST FOR CONSIDERATION OF ESTABLISHING A PROGRAM WITH A
SECOND SISTER CITY.
Mr. John Wohlmuth, Environmental Conservation Manager.
reviewed the staff report and asked that this matter be
continued in order to allow staff time to review the City
of Penticton's desire to become Palm Desert's sister city.
He said he would bring the matter back to Council some
time in June, after the Sister City Committee has met,
with a recommendation that someone from Palm Desert visit
the Okanagan Valley in British Columbia. Canada, where
this city and other potential sister cities are located.
Councilman Kelly stated he was very enthusiastic about the
City of Penticton as a possible sister city, especially
because there are so many Canadians visiting Palm Desert
and so many of the Palm Desert citizens going to Canada
for the summer months.
Councilman Wilson agreed that Palm Desert should have a
sister city from Canada; however, he was not sure
Penticton was the right one because in looking at staff's
report, he found there were many dissimilarities between
Palm Desert and Penticton. He agreed that someone from
Palm Desert should visit the Okanagan Valley before a
decision is made.
Councilman Kelly moved to, by Minute Motion. continue this
matter to a time uncertain. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
B. CONSIDERATION OF OPPOSITION TO AB 3458 AND CITY
PARTICIPATION IN BALLOT MEASURES.
Mr. Erwin noted there was a memo in the packets from him
and said he felt it was in the best interests of the City
to oppose this particular legislation.
Councilman Snyder moved to. by Minute Motion, direct staff to
send a letter to the League of California Cities indicating the City of
Palm Desert's opposition to AB3458. Motion was seconded by Kelly and
carried by unanimous ‘"—e of the Council.
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C. REOUEST FOR WAIVER OF FEES FOR CONDITIONAL USE PERMIT 90-
6: PALM LAKES GOLF COURSE ALONG THE WHITEWATER FLOOD
CONTROL CHANNEL BETWEEN PORTOLA AVENUE AND COOK STREET.
Mr. Altman noted that there was a memo in the packets from
Mr. Folkers recommending denial of the request to waive or
adjust the fees.
MR. DAV I D EVANS, a general partner of Palm Lakes Golf
Course. stated that with regard to the drainage fee, their
main concern was that they were draining into a drainage
area which they were leasing and would like to be assured
they would only be charged for the acreage they actually
owned. He added that he felt the project would be a Plus
for the City and would be good for the juniors and seniors
of Palm Desert.
Councilman Kelly stated that he understood the Coachella
Valley Water District liked the idea of having a qol f
course in the storm water channel because it would assist
in flood control; however, because much of the land would
not actually be owned by the golf course, he thought there
should be some adjustment in the drainage fee.
Councilmember Benson asked whether the fee was based on
the entire 56 acres. and Mr. Folkers responded that it
was.
Councilman Crites asked how the property in the bottom of
the channel would benefit form a storm drain on Cook
Street as shown in the staff report. Mr. Folkers respon-
ded that the property on top of the channel will benefit
from the storm drain.
Upon question by Kelly relative to why the developer was
being charged a drainage fee for the entire area. Mr.
Folkers said it was his understanding that this wds
required by the ordinance and the fee schedule.
Councilman Snyder stated that the Council recognized 'hat
this project was something that would be a definite
addition to the City; however, he felt the Council must
also recognize that ordinances have been passed which must
be either enforced or changed. He added that he dial ^ot
want to impose a burden on anyone, but these fees had r.Pn
in existence for some time.
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Councilman Wilson asked the applicant how much acreage in
the wash was actually owned by the golf course and how
much was being leased from the Water District.
Mr. Evans responded that 14 acres on top was owned by the
golf course, with the rest being leased from the CVWD. He
added that the fee quoted to him, $76,000, was for the
amount they actually owned at the top and had been
computed at $4,000 per acre for 19 acres. He said the
City was charging them the same amount of money to green
belt the area down in the wash that would be charged to
someone building a home or project somewhere else, and he
did not feel it was fair or equitable.
Councilman Wilson said he felt it was not right to be
charging for the wash itself and would be appropriate to
charge only for the 14 acres. He said that if the Council
were to relax the ordinance which, if strictly
interpreted, states the developer is to be charged for the
entire 56 acres, he would like to see the City receive
something in exchange, such as discounts for Palm Desert
youth and seniors to play on the course.
Mr. Evans responded that they would be more than happy to
do so and would work with the City and do whatever the
Council wants. He added that the green fees were $22.00
at this time.
Councilman Wilson moved to continue this matter indefinitely
and refer the matter to staff to negotiate with the developer. Motion
was seconded by Kelly.
Councilman Kelly said he understood the need for
ordinances; however, if an ordinance is a detriment, it
should be changed. He said this was a great opportunity
to do something just and right; it was also an opportunity
to do something for the City's juniors and seniors. He
agreed that staff should be asked to work something out
that is reasonable and fair to everyone as far as drainage
fees and also include some kind of discounted programs for
iuniors and seniors.
Councilman Snyder said he was in full agreement that this
ordinance needed to be changed; however, if it is to be
changed, it should be done in the proper manner by
referring it to staff and the City Attorney and going
through the correct procedures.
Mayor Crites called for the vote. Motion c— ried by unanimous
vote of the Council.
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D. CtNSIDERATION OF A REQUEST TO DIRECT STAFF TO INITIATE
PROCEEDINGS TO AMEND THE SIGN ORDINANCE TO PERMIT WALL
SIGNS ABOVE 20 FEET IN HEIGHT IN CERTAIN CIRCUMSTANCES.
Mr. Diaz reviewed the staff report, noting that Mr. Rick
Holden, a member of the Architectural Review Commission.
was available to answer any questions Council might have.
He stated that when the Council amended the sign ordinance
previously. it was with direction that it be reviewed
again in six months by staff and the Sign Review
Committee. He said Council might wish to have the matter
of height of wall signs considered by the Committee at the
time the sign ordinance is reviewed.
Councilman Wilson said Council had requested a detailed
report from staff along with some visuals to see exactly
what is being requested.
Mayor Crites responded that he had received a letter from
the First Bank of Palm Desert stating they felt this is
something that should be done on a City-wide basis or not
at all and did not wish to be the focus of discussion at
this time.
Councilman Wilson moved to, by Minute Motion, direct the Sign
Committee to consider this matter as a discussion item when the sign
ordinance is reviewed. Motion was seconded by Benson and carried by
unanimous vote of the Council.
E. INFORMATIONAL ITEMS (FOR POTENTIAL ACTION):
1. Palmer CableVision Update.
Mr. Ortega stated he had nothing new to report at
this time.
2. Update on Tri-Cities Sports Facility.
Mr. Diaz stated that at this time staff was
Proceeding with the agreement for the feasibility
study authorized by Council at its last meeting and
hoped to have the preliminary report to Council at
the next meeting. He added that the Tri-Cities
Committee would be meeting either May 30th or June
6th.
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XI. CONTINUED BUSINESS
A. REPORT FROM STAFF RELATIVE TO SKATEBOARD RAMP AT THE
RESIDENCE OF FRANCIE DEAN, 44-673 SAN CLEMENTE CIRCLE.
Mr. Frank Allen, Code Compliance Director, reviewed the
staff report, noting that he and Mr. Diaz had met with Ms.
Dean to discuss complaints relative to noise from the
skateboard ramp in her yard. He said they found that the
ramp is not in violation of the zoning code and was also
not a public nuisance violation. He added that Ms. Dean
had had the ramp reduced to one-half the size to reduce
the noise and that it was not allowed to be used after
7:00 P.M. Therefore, staff felt the violation no longer
existed and that the matter should be considered resolved.
No Council action was required or taken on this issue.
B. STAFF REPORT RELATIVE TO CITIZEN INQUIRY TO COUNCIL ON
VISTA PASEO - PHASE Ii (TRACT 22283).
With Council concurrence, this matter was discussed by the City
Council immediately following Oral Communications - A.
Mr. Folkers reviewed the staff report, noting he had met
on April 30th with a small group of residents on site in
the area of Lots 18, 19, and 20 to discuss their concerns
relative to whether the wall is in fact a retaining wall,
loss of visibility due to the elevation of the fill, and
possible flooding during heavy rains. He said as far as
the issue of the wall, the City's Building 8 Safety
Department felt it had been built according to the
appropriate structural design to act as a retaining wall.
With regard to loss of visibility, he said the elevations
of the lots prior to any grading activity were very close
to grades proposed for the pad elevations. In fact, Mr.
Joe Gaugush and Mr. Page Garner of his staff had gone out
and checked elevations of Lots 18, 19, 20, 21, 27, and 28
to ensure that what the engineers had certified on the
grading plan were actually in effect. With regard to the
flooding concern. staff felt storm drain protection for
the area was adequate due to completion of the Palm Valley
Channel.
Mr. Folkers added that an item of concern to staff was the
fact that the developer had brought in additional material
and piled it along the top of the lots where there is some
concern. He said while it was not a problem from an
engineering standpoint because eventually the material
will have to be removed, it probably did not help the
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residents who live in the area because it looked like
there would be an even higher amount of fill put in.
Mr. Folkers concluded his report and stated that, from an
engineering standpoint, staff felt the project was
properly designed, with no substantial differences in the
elevations of the lots.
Council Comments/Questions:
Crites: Was on the site earlier in the day with
Councilmember Benson to look at the lots. Asked whether
it was staff's perception that the lots were higher along
the Channel than to the east of the Channel and stated
that Lot 22 was fifteen to twenty feet higher than Lot 11.
He said the lots along the Channel were considerably lower
than Lots 18, 19, 20, and 22.
Mr. Folkers responded that staff had checked the actual
elevations of some of the lots as compared with the olans
submitted. He added that in an attempt to balance the
lots due to the slope. there was a two -foot difference
between Lots 20 and 21, with a three-foot difference
between 21 and 22.
Mayor Crites stated he felt the intent of the grading
ordinance was to try to minimize the impact of the oad
building. That is not what was being done in this
development from what he had seen.
MR. ROBERT FREE, 73-765 Mesquite Court. addressed Council
as a resident of Shadow Cove, the former Kings Point. and
questioned the retaining wall that is supposed to be
around Lot 19. He expressed concern that this be a true
retaining wall since that is where the water comes dawn
and floods the residents of Shadow Cove. He was a so
concerned with the additional fill dirt that had been
brought in. He added that with regard to notices for
Planning Commission meetings. he did not know of anyone in
the neighborhood who had ever received any such noticP5.
and he felt the people had not had any input into this at
all.
MS. DABNEY HUNE. 72-720 Cactus Court, said that with the
lot in front of her house, the top of the grade was
already five to six feet higher. When the house is tt.en
built, it will add another 15 to 19 feet and obstruct the
view of the mountains. She was concerned with her
property value being reduced and with the neighbors Derr
able to look down into her property. She said that at the
15
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24. 1990
. . . . . . . . . . . . . . . . . . . . . . . .
Council meeting of April 26, 1987, the developer was
requested to contact each and every property owner along
the perimeter of the property affected by the grading
system and getting letters from them. She said that
although he contacted three or four people on Hedgehog,
neither her nor her neighbors were ever contacted.
Mr. Folkers stated that the Building and Safety Department
did have someone check the wall and determined that it was
of a retaining design. With regard to the elevations, he
said it complied for the original grading plan for the
most part.
Upon question by Councilmember Benson as to public hearing
notices for Phase 11 of the project and the fact that a
different developing is doing this phase, Mr. Diaz
responded that public hearing notices had been sent out
for the entire project and entire boundaries.
Subsequently, portions of the project were sold to another
developer. He added that there had been a great deal of
discussion at the Planning Commission hearing relative to
lowering some of the lots.
Councilman Kelly stated that there had been problems such
as this in the past, and the developer and people had sat
down together to try and work things out. He asked the
City Manager if there would be a problem in trying to do
so in this situation.
Mr. Altman and Mr. Folkers both agreed thatthis could be
tried.
Mr. Diaz suggested that the developer be instructed to remove
all the excess dirt that has been brought in and is not supposed to be
there. Council concurred, and Mayor Crites asked that a report be
prepared and brought back to Council in one month.
Mr. Free stated that he appreciated the Council's attitude
and felt the City staff had been extremely cooperative in
this matter.
MRS. ELEANOR ROONEY. 72-720 Cactus Court, stated she was
one of the original owners and had moved into the
development in 1973. She said the desert floor was down
at the bottom of the wall and that the dirt there now had
all been brought in by the developer.
Councilman Crites asked Mrs. Rooney if she remembered
whether or not this area was used as _ holding area for
dirt dti: i na the building of the PP-Lrn V,,.ley Channel . She
16
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REGULAR PALM DESERT CITY COUNCIL MEETING
•
MAY 24, 1990
f f i i i ! i f i f ;
responded that as far as she knew. it was not. However.
what happened was that the storm rain came down the
mountains in two directions and. because of the fill, it
came across the wall and into her property first.
Mr. Erwin stated he had just been advised by Joe Gauaush
that a sand and grading permit had been issued. He
recommended that Council's action be modified to direct
staff to notify the holder of that permit that he was no
longer allowed to work.
Upon motion by Kelly, second by Benson, and unanimous vote of
the Council. the action was modified as recommended above by the Citv
Attorney.
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF SAN PASCUAL AVENUE/RUTLEDGE WAY
TRAFFIC MANAGEMENT PLAN.
Mr. Folkers reviewed the staff report. and Mr. Seyed
Safavian, Traffic Engineer, showed a video tape of the
proposed traffic management plan.
Councilman Wilson stated he had a problem with staff's
recommendation to change San Pascual Avenue between Fred
Waring Drive and Rancho Road from two-way to one-way. He
said he would like to see part of the recommendation
approved to restrict exit from San Pascual to right turn
only and allowing left turns in. In addition, he said he
would like to see stop signs at Rancho Road and the next
street to slow people down.
Councilman Kelly stated he knew many complaints had been
received relative to what the City had done on Portola
Avenue and the access in and out of Portola Country Club.
He said he would like to hear comments from the residents.
Mayor Crites said he felt Phases 1 and II were backwards
and that the first thing to do would be to take care of
the Portola/Fred Waring intersection, especially the
northwest corner. He said that intersection should be
fixed to allow people travelling south on Portola to make
an easier right turn onto Fred Waring. He added that he
also did not like one-way streets.
MR. AL PELLEGRINO, 43-456 San Pascual, said he felt the
situation at San Pascual and Fred Waring was serious and
something should be done immediately before a severe
accident occurs. He said the speed of the traffic must be
17
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REGULAR PALM DESERT CITY COUNCIL MEETING
• * * • * * * • * * • * * *
MAY 24, 1990
* * * * • • * • * * •
slowed down and some of the volume eliminated. Upon
question by Councilman Wilson relative to changing the
street to one-way, Mr. Pellegrino said he did not feel it
would. help much because people would still be allowed to
turn left from Fred Waring onto San Pascual.
MR. GREG AYDT, 43-665 Carmel Circle, stated he was totally
against making San Pascual one-way. He said although San
Pascual/Fred Waring is a dangerous intersection, he felt
something else should be done. such as three-way stops.
He agreed with Mayor Crites that the intersection of Fred
Waring/Portola needed to be fixed first.
MRS. GEORGIA PELLEGRINO, 43-456 San Pascual, said she had
come before Council six years ago and asked for help. She
again asked that Council at least try to do something with
the traffic in this area.
MR. MARV EAVES, 73-796 Krug, said he was not supportive of
one-way traffic because of inconvenience and also because
if there is an emergency, access would be restricted for
fire and emergency vehicles.
MR. VICTOR VILLENEUVE, 43-349 Martini Court, commended Mr.
Folkers and staff for presenting the proposals and stated
he agreed with Mayor Crites that the real problem is the
Portola/Fred Waring intersection. He also opposed the
one-way for the same reasons stated by Mr. Eaves.
MR. REMUS HAYES. 43-375 Mondavi, said he felt something
definitely needed to be done about the speed of the
traffic and agreed that stop signs should be installed.
Councilman Wilson moved to direct staff to, in the following
order of priority: 1) Install a minimum of three and a maximum of four
stop signs between Fred Waring and Portola on San Pascual Avenue; 2)
Implement staff's recommendation on cross traffic and right turn only
traffic off San Pascual; 3) Increase police patrols in that area to show
visibility. that the City means to have the stop signs work; and 4) Begin
work on the engineering and construction of improvements of the
Portola/Fred Waring intersection, both from southbound traffic and east
to north traffic.
Mayor Crites offered a friendly amendment that in looking
at the Fred Waring/Portola intersection. priority be given
to: 1) A deeper left turn pocket on Fred Waring for
traffic turning north onto Portola; and 2) A dedicated
right turn lane for traffic headed south on Portola
Avenue, wishing to turn west on Fred Waring.
18
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24. 1990
Wilson agreed to the amendment. Motion was seconded by Kelly
and carried by unanimous vote of the Council.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Measure "A" Funding Program.
Mr. Altman stated there was a memorandum in the
Packets from Mr. Folkers and offered to answer any
questions.
Councilman Wilson expressed concern with the
installation of a signal on Highway 74 at Haystack.
He said there tends to be an Orange County mentality
throughout the Valley where we want to put traffic
signals everywhere we can. He felt slowing traffic
down on Highway 74 by putting in a lot of stop signs
and traffic signals was just asking for more trouble.
Councilman Snyder disagreed and said while he did not
question Wilson's philosophy that signals and stop
signs are a problem, there comes a time when traffic
must be slowed or stopped under certain conditions.
He said he had met five times in the past two months
with churches on Highway 74, and they had a problem
getting people out of their parking lots and across
Highway 74. He said he was strongly in favor of
putting in a signal at Haystack/Highway 74.
Mayor Crites disagreed with Snyder and said although
he agreed the churches do have a problem, it is nniy
for a maximum of four hours per week, and such a
problem is not solved by putting in 164 hours worth
of unnecessary signalization in an intersection.
Mr. Folkers added that CalTrans had informed the ':Its/
that this location had met the regular warrants fc). 3
traffic signal. He said it was based on traff tc
throughout the week, not just the Sunday activltIP‘.
Councilmember Benson stated she understood that when
the Bighorn Sheep project was being reviewed. there
were discussions about a signal at Cahuilia .end
Highway 74. Mr. Folkers responded that there wore
such discussions; however, it would be some time
the future, and the staff report was an attemw
project use of Measure A funds for the next •ow
years.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 1990
• • • • • * • * • • • • • • • • • • • • • • • • •
Councilman Kelly added that each item on the report
would be brought separately to Council for approval.
He said it was important to get this information to
the Riverside County Transportation Commission.
Councilman Wilson said he would not want to hold up
this report. However, he felt it should be given a
lot of study and prioritization.
Upon question by Mayor Crites, Mr. Folkers stated
that this list was iust a suggested program, and it
is the City's prerogative to make changes if it so
desires.
Councilman Snyder moved to, by Minute Motion, approve staff
recommendations contained in the staff report as potential Measure "A"
proiects and direct staff to forward this list to the Riverside County
Transportation Commission. Motion was seconded by Kelly and carried by
unanimous vote of the Council.
2. S_W.A.T. DEMONSTRATION
Mr. Altman reviewed the memo from Crime Prevention
Officer Brent Conley, noting that the Sheriff's
Department had been given permission from Ahmanson
Company and G.J. Murphy Construction to conduct SWAT
exercises at the Sun Lodge Colony on the corner of
San Pablo and El Paseo. He said these exercises
would take place on May 29th at 8:00 a.m.
3. REQUEST FROM COLLEGE OF THE DESERT FOR COOPERATION iN
ECONOMIC DEVELOPMENT EFFORTS.
Mr. Altman stated that this item had come up after
the Agenda was posted and would require a 4/5 vote of
the Council to consider.
Councilmember Benson moved to add this item to the Agenda for
Council consideration. Motion was seconded bv Kelly and carried bv
unanimous vote of the Council.
Mr. Shillcock reviewed the staff report dated May 23,
1990. and recommended execution of the agreement as
an indication of the City's desire to assist in the
economic development of the area as well as
furthering cooperative efforts between cities and
agencies in the Coachella Valley. He added that
there would not be any kind of- i nanc i a l support
re-- i red.
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 1990
• • • • • • • • • • • • • • • • • • • • a • • • •
Councilmember Benson moved to. by Minute Motion, authorize the
Mayor to execute the subject agreement. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
4. Mr. Altman asked that Council. at the end of this
meeting, adjourn to 1:00 p.m. on Thursday, June 14th,
for the purpose of discussing the City Manager's
Proposed budget for fiscal year 1990/91.
B. CITY ATTORNEY
Mr. Erwin asked that Council adjourn to Closed Session
pursuant to Government Code Section 54956.9 (a), pending
litigation (Save -Most vs. City of Palm Desert), and (b),
potential litigation.
He also asked that Council, by 4/5 vote, place an item on
the Agenda for Closed Session dealing with discussion of
real property transactions (southeast corner of Highway
111 and Portola Avenue).
Councilman Snyder moved to, by Minute Motion, add this item to
the Agenda under Closed Session. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
THESE ITEMS WERE CONSIDERED FOLLOWING THE PUBLIC HEARINGS.
o City Council Requests for Action:
1. Councilman Wilson stated he had received a
letter since posting of the Agenda relating to a
matter from the last City Council meeting
dealing with awnings on the Kirkendale
establishment. He said that as one who voted
affirmatively to uphold the decision of the
Planning Commission a few weeks ago, he wanted
to ask the City Attorney if it would be
appropriate to ask the Council to put th i s
matter on the Agenda by a 4/5 vote.
Mr. Erwin responded that it would be
appropriate.
He moved to add this item to the Agenda for Counc i l
discussion. Motion was seconded by Kelly and carried by unanimous vote
of the Council.
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 1990
• • • • • • • • • • • • • • • • • • • • • • • • •
Mr. Erwin stated noted that if this is fn fact a
reconsideration. the Council's own rules permit
it to do so only at the same meeting.
Councilman Wilson stated that since the last
meeting. he was approached by Mrs. Kirkendale
relative to the issue of awnings. He said he
had reminded her that she had gotten approval
for everything except the curtains. When she
said she felt her awnings were not compatible
with the building, he said he advised her to put
this in writing. She had done so, and the
letter was requesting a variation of the
original drawing and said that extending the
finished length five inches would give a more
tailored appearance. He said since
reconsideration was not in order, he would like
staff's reaction to interpretation of this
letter and whether or not it was something that
could or should be considered.
Mr. Diaz responded that staff would not consider
this a reconsideration as much as whether or not
it is a Planning Director's modification of
something previously approved by Council. He
said staff's recommendation. if this additional
five inches would make a difference in the
appearance of the draperies, would be that the
Planning Director be allowed to grant the
modification subject to the following condition:
That at such time as the awning needs to be
redone. if the drapes are not satisfactory, they
will be removed at that time.
Councilman Wilson moved to. by Minute Motion, grant the
Planning Director authority to make a minor modification to City
Council's previous approval of the subject awning.
Manor Crites said he felt this was not a minor
modification and was actually a reconsideration
of a previous Council decision.
Mr. Erwin responded that Council voted to put
this item on the Agenda for discussion and that
it was not exactly the same matter Council had
before it at the last meeting. A
reconsideration would be to reconsider a prior
act to either grant or deny the appeal. He said
he believed this would be a slight modification.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
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MAY 24. 1990
• • • • • • • • •
Motion was seconded by Kelly and carried by a 3-2 vote. with
Councilmember Benson and Mayor Crites voting NO.
Mr. Diaz stated that another issue that had come
up relative to this matter was the accusation of
a conflict of interest with regard to the
Architectural Review Commission and that the
City Attorney had a report for Council.
Mr. Erwin stated there had been allegations of
conflicts on interest with regard to the
Architectural Review Commission. He said he had
gone back and looked at the entire record. all
the way through the minutes of all of the
meetings. He reminded Council that the
Architectural Review Commission was one of the
boards required to file full disclosure
statements, and each member had filed his or her
statement. He said a conflict of interest
basically occurs when a person in an official
position uses that position to influence a
government decision, which decision would
foreseeably affect the economic interests of
that individual rather than the public at large.
He added that there is always the potential with
an Architectural Review Commission. particularly
made up of architects, for differences. and
because it is their profession they are
reviewing, there is on occasion the appearance
of a conflict. He said in this particular
incidence there had been no particular
allegations other than someone may do business
with some other interior decorator. and there
was no way he could determine that a conflict
does in fact exist.
o City Council_ Committee Reports:
None
XIV. ORAL COMMUNICATIONS - B
None
Mayor Crites recessed the meeting at 6:15 p.m. for dinner and
reconvened at 7:10 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.N. SESSION
None
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
MAY 24, 1990
• • a • • • • • • • • • • • • • • • • • • • • • •
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PLAQUE OF APPRECIATION_ TO DR. ROBERT
ROTTSCHAEFFER.
On behalf of the City Council and citizens of Palm Desert.
Mayor Crites presented a plaque of appreciation to Dr.
Robert Rottschaeffer for his service as the City of Palm
Desert's representative to the Mosquito Abatement District
Board.
B. PRESENTATION OF ENVIRONMENTAL AWARDS OF EXCELLENCE TO THE
NEWMAN CENTER FOR MAJOR BUILDING REHABILITATION AND TO
WESTSCAPE DEVELOPMENT FOR ITS CONTRIBUTION OF A PERMANENT
IRRIGATION SYSTEM AT THE PALM VALLEY CHANNEL PARK.
Mayor Crites presented Environmental Awards of Excellence
to the Newman Center and to Westscape Development and
thanked them on behalf of his colleagues and the citizens
of Palm Desert.
MR. DAVID SWEENEY addressed Council on behalf of Sunburst
Youth Foundation. which he said was a teen organization
working with kids in different activities. He said Palm
Desert had done a lot of work with adolescents and
families in the City. He stated he wished to say "thank
you" to the Palm Desert City Council for remembering that
the youth in this community should be given a way to go
that is positive and that they were the next generation to
be sitting in the Council seats.
XVIII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN. A
DEVELOPMENT AGREEMENT. AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT TO CONSTRUCT 16 NEW APARTMENT UNITS
FOR A TOTAL SENIOR HOUSING PROJECT OF 20 UNITS AT 44-457
AND 44-525 SAN RAFAEL AVENUE. SCHMITZ-ANDERSON,
APPLICANTS.
Ms. Catherine Sass. Associate Planner. reviewed the staff
report, noting that conditions had been added to the
resolution of approval per Council direction at its last
meeting. She added that although staff would recommend
apprc-11. a letter had just "—yen received from the
24
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
i 1 1 i 1 1 1 1 1 1 1 1 1
i
MAY 24. 1990
1 1 1 * * * * i * i 1
applicants requesting a 90-day continuance in order to
attempt to resolve matters with Mr. Bock, the optionee of
a portion of the property (on file and of record in the
City Clerk's Office).
Mayor Crites noted that this was a continued public hearing_ and
invited testimony in FAVOR of or OPPOSED to this request. None
was offered.
Councilman Wilson moved to continue this matter for 90 days at
the request of the applicants. Motion was seconded by Snyder and carried
by unanimous vote of the Council.
B. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, A CHANGE OF ZONE FROM R-2 (SINGLE
FAMILY RESIDENTIAL) TO C-1 (GENERAL COMMERCIAL) OR OFFICE
PROFESSIONAL AS RECOMMENDED BY THE PLANNING COMMISSION. A
PRECISE PLAN OF DESIGN AND CONDITIONAL USE PERMIT FOR A
35,859 SQ. FT. COMMERCIAL COMPLEX, PARKING LOT. AND
GREENBELT ON 11 LOTS FRONTING ON MONTEREY AVENUE AND SAN
ANTONIO CIRCLE. FELIDAEL INC., APPLICANT,
Mr. Drell reviewed the staff report and showed a video of
the proposed project. He said the main issue of
controversy at the Planning Commission meeting was whether
or not the use should be C-1 (General Commercial), which
would involve retail on the first floor and offices on the
second, as opposed to O.P. (Office Professional). which
would restrict all uses to offices. He said the majority
of the testimony during the public hearing dealt with the
one property in the area that had not been acquired by the
applicant. He offered to answer any questions.
Upon question by Crites. Mr. Drell responded that the
Planning Commission had voted 5-0 to recommend rezoning
the property to O.P. instead of C-1.
Mayor Crites declared the public hearing open_ and invited
testimony in FAVOR of this request.
MR. FRANK GOODMAN, 77-900 Avenue of the States, spoke as
the applicant and distributed copies of a letter from Dr.
Lyons sent to staff on May l8th (on file and of record in
the City Clerk's Office). He said that over the years,
the properties in this area had been shown in the Core
Commercial Area and Palma Village Plan as commercial.
That was the assumption that Dr. Lyons had been going by,
and he was surprised that the Planning Commission took the
position that this should be O.P. He said Dr. Lyons had
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 1990
• • • • • • • • • • • • • • • • • • • • • • * • •
done everything asked of him by the City, and he did not
feel this was fair. He offered to answer any questions.
Mayor Crites invited testimony in OPPOSITION to this request.
MR. MICHAEL CAINE said he represented Ruth Geiberson and
Tracy Yardley, owners of the parcel noted by Mr. Drell as
being the last remaining parcel not acquired by the
applicant. He said he felt his clients had been harassed
and threatened in the past to sell the property. He said
he did not understand why Council was being asked to
change the zoning for a piece of property not owned by the
developer. He said his clients had been offered money to
sell their property; however, if they do not wish to do
so, that is their prerogative.
MRS. RUTH GEIBERSON, 44-875 San Antonio Circle, said she
had owned the property for the past 20 years. She said
she had been talking with representatives from the City of
Palm Desert for the last three years and was always led to
believe that it was a foregone conclusion that she would
be forced to move as a result of eminent domain. She said
she was asked to come down to City Hail to meet with Phil
Drell, Carlos Ortega, and Frank Goodman and that she was
told she had no alternative and that the City had the
leverage to present her with an eviction notice to vacate
the property. She added that although Mr. Drell had
always been cordial, she had found him to be intimidating
because of the threat of eminent domain. With regard to
the May 1st Planning Commission meeting, she said she had
not found out about it until 3:00 p.m. that day, and
because of a long-term illness, her mother, Tracy Yardley.
had to attend by herself.
MRS. TRACY YARDLEY, 44-875 San Antonio Circle, stated that
when she attended the May 1st Planning Commission hearing,
she was not aware that she had a choice. She said she had
been informed that she had to sell the property, even
though she did not want to do so.
MS. TOBIE ACOSTA, 44-860 San Antonio Circle, read a
prepared statement and said that the cost of housing in
Palm Desert is very expensive and that some compassion
must be shown to these people who have to sell their homes
and move away.
MR. DUANE BAMBUSH. 44-887 San Antonio Circle, said he was
not opposed to the project and had owned his home for
almost 10 years. He said the people he knew who had
"bouoht--)ut" had been very pleas — with the settlements
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24. 1990
they had received. He felt the neighborhood had
deteriorated over the last several years and had become
quite messy, and he hoped whatever Council decided. the
area would be improved.
MS. CAROL McDANIEL. 44-730 San Antonio Circle, agreed with
Mr. Bambush but expressed concern with the increased
traffic that would be generated by this commercial area.
She felt that with Office Professional, there would not be
as many cars on the weekends or evenings.
MRS. GEIBERSON addressed Council again and stated that as
she understood it, this neighborhood was now being
referred to as a "slum area". She said it used to be a
good area for the middle class until the developer came
in, started buying up the properties, and brought in the
undesirables. She felt the developer had created the slum
area.
MR. GOODMAN stated he did not realize that the price of
this property was going to become an issue. He said that
if Council felt it was an issue, he would address it at
this time; if Council felt it was not an issue, he would
not address it.
Mayor Crites responded that it was not an issue.
Mayor Crites declared the public hearing closed.
Upon question by Mayor Crites, Mr. Drell responded that
the change of zone and precise plan were conditioned upon
the developer obtaining title to the remaining parcel If
he is unable to secure title, there would be no approval.
He added that the change of zone did not involve the
property in question.
Councilmember Benson said it was her understanding with
the plans that had come in before that there was going to
be retail on the lower level and office professional on
the top.
Mr. Drell responded that it was still the concept. He
said that practically speaking, the second floor was
offices and did not support retail. He said that in all
C-1 developments, the bottom floor is retail, with offices
on the top floor.
Mayor Crites asked whether there was anything in this
agreement that would place the City in a position of
having to acquire the remaining parcel of property.
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING NAY 24, 1990
• a • S i f a • i * • i a i ■ i i * a ! • # i a i
Mr. Drell responded that there was no mention in the
change of zone or precise plan that would obligate the
City to do anything. He reiterated that if the applicant
does not obtain the property, the precise plan would not
be in effect.
Councilman Kelly said it was his understanding that the
Council's responsibility was not to deal with acquiring
the property but was to look at the project at this
particular location. He said the City had been working
for years through various groups, such as .Council,
Planning Commission, Redevelopment, etc., and had always
talked about having commercial on the bottom and offices
on top. With regard to traffic, he said the difference in
traffic between office professional and commercial,
according to the staff report, was 700 cars per day. He
felt this was somewhat minimal when this development would
be almost a part of the Palm Desert Town Center, which
statistics show has 12 million visitors per year. As far
as impact on the surrounding residential area, he said the
Plans showed a very large separation between the actual
structure and the R-I zone, with not only a wide parking
lot but also a very nice landscape buffer.
Councilman Wilson said his comments echoed Councilman
Kelly's and that he would support the proposal for
commercial on the first floor and offices on the second.
Mayor Crites stated that he felt there should be
discussions with staff regarding more creative ways to use
second floors. He said it should be pointed out to Mrs.
Geiberson that if Council decided this was a good place
for a commercial project, that would not in any way bind
the City to acquire her land. That would be a matter
between her and the developer who wishes to purchase it.
Councilman Snyder moved to approve staff's recommendation
rather than Planning Commission's recommendation and: 1) Waive further
reading and pass Ordinance No. 609 to second reading: and 2) Waive
further reading and adopt Resolution No. 90-59 approving a Negative
Declaration of Environmental Impact, a Precise Plan/Conditional Use
Permit 90-5. subject to conditions. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
28
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 1990
• • • • • • • • • • * * • • • * • * * * • * * * *
At this point. Council returned to the Reports and Remarks
portion of the Agenda.
XX. ADJOURNMENT
Upon motion by Wilson. second by Snyder. and unanimous vote of
the Council. Mayor Crites adjourned the meeting at 8:32 P.M. to Closed
Session pursuant to Government Code Section 54956.9 (a), Pending
Litigation (Save Most vs. City of Palm Desert). 54956.9 (b). Potential
Litigation. and 54956.8, Real Property Transactions (Southeast corner of
Highway 111/Portola Avenue).
Mayor Crites reconvened the meeting at 9:43 P.M. and, with no
action announced from Closed Session, immediately adjourned the meeting
to 1:00 P.M. on Thursday, June 14, 1990, for the purpose of discussing in
a Study Session the City Manager's proposed budget for Fiscal Year
1990/91.
ATTEST:
MARY P. FRA 1ER. DEPUTY CITYUCLEOK
CITY OF PA DESERT, CALIFORNIA
BUFORD A. CRITES, MAYOR
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