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HomeMy WebLinkAbout1990-10-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 25, 1990 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Buford A. Crites III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilman Richard S. Kelly Councilmember Jean M. Benson Mayor Pro Tempore Walter H. Snyder Councilman S. Roy Wilson Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Carlos L. Ortega, ACM/RDA Executive Director Ramon A. Diaz, ACM/Director of Community Development/Planning 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 October 11, 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0913 and WR1018. Rec: Approve as presented. REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE , by Robert Mayo for Mayo's on El Paseo, 73-990 El Paseo, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE. by Michael Castelli for Andreino's, 73-098 Highway 111, Palm Desert. Rec: Receive and file. E. MINUTES of the Civic Arts Committee Meetings of July 16 and September 17, 1990. Rec: Approve as presented. F. REOUEST FOR AWARD OF CONTRACT NO. 00-475 for Exploratory "Potholes" for Underground Utility Service Location. Rec: By Minute Motion, award the subject project contract (No. 00-475) to Hendrickson Construction, Inc., in an amount not to exceed $25,000. G. REOUEST FOR APPROVAL of Extension of Landscape Maintenance Agreement for Haystack Greenbelt (Contract No. 00-392). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with Sunshine Landscape for maintenance of the subject project in the amount of $2,598.75 per month (Contract No. 00-392). H. REOUEST FOR APPROVAL of the Use of Soil Jazz Material for the Civic Center. Rec: By Minute Motion: 1) Authorize the purchase of Soil Jazz on an experimental basis in the amount of $15,000 for the Civic Center; 2) Authorize the appropriation of $15,000 from the unallocated General Fund reserve. I. REOUEST FOR PERMISSION for Alcohol Consumption on City -Owned Property in Connection with the Palm Desert Golf Cart Parade on November 4, 1990. Rec: By Minute Motion, permit the possession and consumption of alcoholic beverages on City -owned property in connection with the holding of a special event pursuant to Municipal Code Section 9.58.040. MINUTES REGULAR PALM DESERT :TY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * ¥ * * * * * * * * * * * * * * * * * * * * * * * * * J. REOUEST FOR APPROVAL of Assignment and Assumption of Hold Harmless and Indemnification Agreement Proposed by Ahmanson Commercial Development, Inc. , and Palm Desert Properties 1. Rec: By Minute Motion, approve the agreement and authorize the Mayor to execute same. Upon motion by Wilson, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: None IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION CONCERNING AN AWNING AT LORAN LORAN SALON AT 73-080 EL PASEO, SUITE NO. 1. LORAN LORAN SALON. APPELLANT, Mr. Diaz reviewed the staff report, noting that the Architectural Review Commission had denied the request for a marquee awning. However, it had approved an awning without column supports. He said the Commission felt a marquee type awning might be appropriate in the middle of a large center but not on the end unit adjacent to another building. He added that staff agreed with the Commission's decision and asked that Council deny the appeal. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Snyder, Mr. Diaz responded that the requested awning would have come out over the sidewalk to the curb approximately 13 feet; the awning approved by the Commission would be directly over the doorway. Councilman Snyder asked whether there was a question about the ability to shade the glass doors. Mr. Diaz responded that the applicant was not required to have glass doors, and if it was a matter of shading, there were other alternatives to having such doors. The applicant, Loran, addressed the Council and stated that her partners, Richard and Sharon Kite, were not able to attend this meeting. She said her store front was the smallest on the block, and if glass doors were not used, all she would have would be one small window. She said that at the first Architectural Review Commission meeting, she was asked to obtain statements from businesses on both sides of the shop, and The Vault, Fidelity Federal, and the architect who designed the building had all given their consent. She showed Council the approved building plans. MR. DAVID FLETCHER, Director of Property Management for the building, said that when the building was designed, there was concern relative to that side of the street and the sun shining into the windows. He said the drawings given to Council by the applicant had been approved by the Architectural Review Commission. He added that this particular store front was set back a little further and that the marquee awning was important to accent the store front. Upon question by Wilson, Mr. Diaz responded that the awnings were not approved at the time the building plans were approved. He asked whether the plans were approved with the awnings at least shown even though individual approval of the awnings was not discussed, and Mr. Diaz stated that he was not sure and would have to check into this matter. Mr. Fletcher added that the original design of the building showed a wood trellis with plants; however, the Architectural Review Commission did not feel the trellis would provide adequate shelter and asked that an awning be designed instead. Councilman Wilson stated that he liked the requested awning more than that approved by the Commission and asked if the only objection was that it was not located in the center of the block. Mr. Diaz responded that the Commission felt the marquee awning would identify the center of the building. Councilman Snyder said it was difficult for him to overturn a decision of the Architectural Review Commission which was doing the job assigned to it by the Council. He added that he could see some lack of continuity by having the marquee awning at the end of the building. MINUTES REGULAR PALM DESERT TTY COUNCIL MEETING OCFOBER 25, 1990 * * * * * * * * * * * -. * * * * * * * * * * * * *—s * * * * * * * * * * * Mayor Crites explained the reasoning behind the policy dealing with marquee awnings and said what was happening was that along El Paseo many awnings were being installed that ran out to the street. He said the idea was to remove as many of those as possible, and it was decided that there would only be one marquee awning allowed and that it would have to be located in the center of the building. He said he would have no problem supporting the Architectural Review Commission decision. Councilman Kelly stated that the rendering of the building included three different awnings, which he found aesthetically pleasing. He said he would have no problem approving the marquee awning at the end of the building if he were assured that all of the awnings for the building were the same as the ones in the rendering; however, he did have a problem overriding a 4-0 vote of the Architectural Review Commission. Councilman Wilson said although he had no problem with the policy allowing only one marquee awning per building, he felt it did not make sense to predetermine where that one marquee awning would be located and requiring that it be in the middle of the building. Councilman Wilson moved to, by Minute Motion, grant the appeal and approve the marquee awning as originally submitted, provided the developer of the complex agrees in writing that it will be the only marquee awning on the block. Motion was seconded by Kelly and carried by a 3-1 vote, with Mayor Crites voting NO. Upon question by Mr. Fletcher, Councilman Wilson responded that the intent of his motion was that he would grant the appeal if the developer of the complex would agree in writing that the marquee awning would be the only one on the block and that all other awnings would be substantially the same as shown in the rendering presented to the Council at this meeting. Councilman Kelly agreed that that was the intent of his second. Council concurred. B. CONSIDERATION OF REOUEST BY MRS. JEAN RUSSELL FOR COUNCIL SUPPORT OF "UNTIL THEY ALL COME HOME" PROGRAM. Mrs. Jeanne Russell addressed the Council and explained that this was a two part program: 1) Getting as many people as possible to have yellow ribbons in front of businesses, public places, and private homes; 2) Sending letters and packages to service men and women stationed in the Middle East. She said students at College of the Desert would be making waterproof cardboard signs stating "Till They All Come Home" which would go with the yellow ribbons, and students from second to fifth grade would be decorating the boxes that would be mailed overseas. She asked for the Council's blessings and any help the City might be able to provide in the way of a store front or room where people can bring items to be put together and readied for mailing. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson said this was a fine gesture and that he felt the City Council should support it in some way. Councilman Snyder complimented Mrs. Russell on all of the time and hard work she had already done on this program. He asked whether she had discussed this with the Senior Center. Mrs. Russell responded that she had but that no one had volunteered to assist. Councilman Kelly agreed that this was an excellent program. Councilman Wilson suggested that staff prepare a resolution in support of this project. With regard to the request for space, he suggested getting the word out through the media and perhaps a business might have some space available that could be used for this purpose. Mayor Crites added that Dan Ehrler, Executive Director of the Palm Desert Chamber of Commerce was in the audience and would have contact with a large number of businesses in the City. Mr. Ehrler stated that for the last several weeks, the Chamber had been serving as both drop off and pick up point for goods and materials. He said that members were being asked through the newsletter to donate items and to bring them to the Chamber office. He added that information relative to Mrs. Russell's program would be provided to members. Councilman Snyder moved to, by Minute Motion, direct staff to: 1) Prepare a resolution in support of this program; and 2) Work with the Chamber of Commerce to see if there is a building that could provide some space for this project. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Altman stated that there was nothing new to report at this time. 2. Cable Legislation Update. Mr. Altman noted that a report had been included in the packets for information purposes. MINUTES REGULAR PALM DESERT TFY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * .. * * * * * * * * * * * * *-* * * * * * * * * * * * 3. Update on Tri-Cities Sports Facility. Mr. Diaz reported that at the direction of Council, staff was still looking at the site on Hovley Lane in terms of cost. He added that at the recent League meeting he had spoken with a group that builds these types of facilities and hoped to have some information from them soon regarding costs. Councilman Kelly said he felt it might be a more advantageous use of property to put the City's corporation yard and vehicles on the Hovley property and use the Civic Center site for the ball diamonds and soccer fields. Putting these fields at the Hovley site would result in objections from people at Portola Country Club, the Marriott, and others in the area. Mr. Altman stated that staff could look into this matter and added that Section 4 was also being looked at for these facilities. Councilman Snyder agreed that lights would be a difficult thing to put in at the Hovley site but felt it would not be a good idea to throw away everything that had been decided by the committee for the infrastructure of the Civic Center site. Councilman Wilson said he felt the study had merit and that Section 4 should also be looked at. He said he felt it was important to get something moving forward as soon as possible. Upon question by Mayor Crites relative to the Cities of Rancho Mirage and Indian Wells, Mr. Altman responded that he and Councilman Snyder had met with representatives from both cities and had gotten agreement from Indian Wells on the full financing and from Rancho Mirage strictly on the baseball fields. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. CONSIDERATION OF THE INITIATION OF AMENDMENT TO PR ZONE ESTABLISHING STANDARDS FOR SINGLE FAMILY DETACHED SUBDIVISIONS AND TWO STORY HOMES. Senior Planner Phil Drell reviewed the staff report and offered to answer any questions. Upon question by Councilman Kelly, Mr. Drell responded that the Summit subdivision was straight R-1, 10,000 zoning and that two-story homes were not permitted. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder stated that he did not like two-story homes other than in planned residential districts. Mr. Drell responded that these standards would only apply in the PR zoning. Councilman Wilson moved to, by Minute Motion, initiate a zoning ordinance amendment to the Planned Residential Zone establishing design guidelines for single family detached subdivisions. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. REOUEST FOR APPROVAL OF ARCHITECT FOR PALM DESERT LIBRARY. Mr. Altman noted the staff report in the packets and stated that Mr. Diaz was available to answer any questions. Councilman Wilson asked staff to respond to the letter dated October 19, 1990, from local architects Robert Ricciardi and Christopher McFadden. Mr. Diaz stated that more than 65 Requests for Qualification had been sent to AIA persons with extensive library experience, architectural firms recommended by library experts which did not have library experience, award winners from the AIA, and to all local firms. He said that approximately 16 responses had been received and that he and Associate Planner Catherine Sass had reviewed each of them. He noted that Ms. Sass was looking principally for art in public places experience, while he was looking mainly for experience in the library field. He added that it had been narrowed down to seven firms, with one being local. The Committee felt the library was an important facility and believed both local and outside firms had been given an equal chance. With regard to items 1 and 2 of the letter, he apologized for not sending letters notifying applicants that they were selected or rejected for the short list but explained that staff wanted to have an architect selected first. MR. BOB RICCIARDI addressed the Council and said he felt the selection process was a poor one and that smaller firms would have a more vested interest in projects than larger ones. He felt the entire project should be stopped, investigated, and started up again with the concept as explained in his letter regarding the City of Phoenix. He asked that Council appoint another committee to look at local firms. In addition, he felt those firms on the short list should be required to work with a local architect on this project. City Attorney David Erwin addressed the statement in the letter regarding the City of Palm Springs and stated that although it might be a policy of Palm Springs to try to utilize local architects, it was not a written policy. He added that although the City of Palm Desert used to give preference to local firms, there was a specific court case that says cities cannot do that. With regard to the policy from the City of Phoenix, he said MINUTES REGULAR PALM DESERT 'ITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * _ * * * * * * * * * * * * * . 4 * * * * * * * * * * * the Council might want to consider some portions of the policy and suggest consideration of local firms for architectural services; however, the City could not legally require it. Councilman Kelly stated that he was in favor of using local businesses whenever possible, and the City of Phoenix policy was very clear that any outside firms they associate with would have to be tied in with a local firm. He added that if Council decided not to send this particular project back through the selection process, he would like to see the outside firm work with a local architect. Councilman Wilson stated that if his memory was correct, the City had a local firm which contracted with a Phoenix firm for architectural services. The local firm went under and left the Phoenix architect out on a limb, and the City then had to hire a local project coordinator to finish the project. He also stated that he would like to hear from some of those on the interview committee. Mayor Crites stated that he had spoken with Frank Urrutia, whose views of the process were the same as Mr. Ricciardi. He agreed that the citizens of Palm Desert would like to see the Council spend their dollars at home; in the same regard, they would like the Council to get the best project for the money spent. He added that competition was what made people produce the best quality products. Mr. Altman stated that he was on the interview committee, and he reviewed the selection process. He noted that the recommended firm had designed several libraries and had extensive art in public places experience. Mayor Crites suggested that in future selection processes the committee be asked to consider including in the contract with outside firms a provision for association with a local architect or architectural firms for specific issues that in the committee's judgment necessitate local input. Councilman Kelly expressed concern that the City of Phoenix requires the use of a local firm if an outside firm is used for a specific project, while the City of Palm Desert has no such requirements. Councilman Snyder stated that he had gone on record as always trying to use local architects but felt it was very important for the City to have a library that is state of the art. MR. CHRISTOPHER McFADDEN, 44-850 Las Palmas, Suite A, stated that what needed to be remembered was the real issue, which was sense of community. He said this was a community project and should involve the community. Councilman Wilson suggested that staff be directed to form an ad hoc committee consisting of some of the people involved in this last selection process, one or two MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * architects, and a Councilmember to see what can be done in the future to make the process more fair to smaller, local firms. Councilman Wilson said he felt a lot of time and effort had been put into the selection of the library architect and moved to, by Minute Motion, approve the recommendation of the Library Architect Selection Committee and authorize the Mayor to execute an agreement with the IBI Group for architectural services for the Palm Desert Library (Contract No. 00-483). Motion was seconded by Snyder and carried by a vote of 3-1, with Councilman Kelly voting NO. Councilman Wilson moved to, by Minute Motion, direct staff to explore the possibility of establishing an ad hoc committee to look into the architect selection process for future buildings and come back with a report and recommendation as to whether or not they feel it would be necessary to have such a committee. Motion was seconded by Kelly and carried by unanimous vote of the Council. X II. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin asked that Council adjourn to Closed Session at the appropriate time pursuant to Government Code Sections 54956.9 (a), (b), and (c), pending and potential litigation. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Committee Reports: 1. Councilman Wilson reported that he and Mayor Crites had attended the Chamber of Commerce long-range planning conference the previous week and felt it was an excellent session. He said the Chamber leadership showed good vision and sound planning for the future. 2. Councilman Kelly stated that he had received copies of the resolutions passed at the recent League of California Cities conference and would provide copies to the Council. MINUTES REGULAR PALM DESERT 'ITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * *-s * * * * * * * * * * * * *-* * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B None Mayor Crites recessed the meeting at 6:00 p.m. for dinner and reconvened at 7:00 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 HEALTHY CITIES RESOLUTION TO THE MAYOR AND CITY COUNCIL BY ASSEMBLYWOMAN TRICIA HUNTER. Mayor Crites introduced Ms. Joan Twiss, Project Director for the Healthy Cities Project. Ms. Twiss commended the City Council on behalf of the Western Consortium for Public Health, which is the contractor for the Healthy Cities Project, and the Department of Health Services, who funds the Healthy Cities Project, for the City of Palm Desert's continued involvement in the California Healthy Cities Project, not only for injury prevention through the seat belt program but for its commitment to improve the public health through better public policy. She added that the California House passed by Resolution No. 68 a formal commendation for the City of Palm Desert. She introduced Assemblywoman Tricia Hunter, who sponsored this resolution. Assemblywoman Hunter presented the resolution to the Mayor and City Council. B. PRESENTATION OF EMPLOYEE SERVICE AWARDS. Mayor Crites presented the following employees with five-, ten-, and fifteen -year service awards: Five -Year_ - Richard Folkers, Joseph Gaugush, Paul Gibson, Rhonda Henderson, Maria Hunt, and David Yrigoyen; Ten -Year - Deni Braun, Patrick Conlon, Ramon Diaz, and Phil Drell; Fifteen -Year - Frank Allen, Sheila Gilligan, Linda Russell, and Naning San Pedro. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCPOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. PRESENTATION BY ARCO PETROLEUM COMPANY. Mr. Craig Yamasaki of Arco Petroleum addressed the Council and stated that Arco had a program called "A Growing Concern" that since 1975 had provided seedlings for the planting of nearly 1/4 million plants to put something back into the earth for the many things it takes out. He said Arco wished to pledge $3,500 to the City to go towards the heritage oak portion of the Civic Center park. He said that though the actual installation of the oak grove would not come until sometime in 1990, Arco wished to present the City with a token of its contribution at this time. He presented Mayor Crites with a bonsai oak grove. XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF A MASTER TENTATIVE MAP SUBDIVIDING 362 ACRES INTO A 484-UNIT COUNTRY CLUB WITH A FIRST PHASE OF 108 UNITS - A CHANGE OF ZONE FOR 25 ACRES OF DRAINAGEWAY FROM O.S. TO PR-5 AND H.P.R. AND A FOCUSED ENVIRONMENTAL IMPACT REPORT. (Continued from the Meetings of September 13, September 27, and October 11, 1990.) Mr. Erwin stated that at the last meeting a panel of experts was suggested to look at the biological issues with regard to this project. He said he had just that day received a letter from the applicant requesting that the Council reject the final environmental impact report proposed in this matter and order that a new environmental impact report be conducted (on file and of record in the City Clerk's Office). He said this would of necessity start the hearing process over again after a consultant prepares the report. He said he had also just received a letter from the Big Horn Institute which, with some reservations, concurred with the recommendation that the environmental impact report be rejected (on file and of record in the City Clerk's Office). He said concerns were raised about the manner in which the new environmental evaluation would be performed and requested that the Council consider relinquishing its status as the lead agency in this process. In light of the two letters, he said his recommendation was that the Council, without further public comment, close the public hearing, reject the final environmental impact report, and send the matter back to the City staff to put together a schedule and listing of necescary events to start the project over. He stated that, with regard to the lead agency issue, he would recommend that the matter be reserved and that he be allowed to discuss it in more detail with both sides. He said he would report back to Council at its next regular meeting. Upon questions by Mayor Crites, Mr. Erwin responded that he had advised counsel for both the applicant and the Big Horn Institute that he did not anticipate any further public comment at this meeting. Mayor Crites declared the public hearing closed. MINUTES REGULAR PALM DESERT TY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to, by Minute Motion, reject the final environmental impact report and refer the matter back to staff to put together a time schedule to be provided at the next regular Council meeting as well as a report from the City Attorney on the lead agency issue. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. CONSIDERATION OF A REOUEST TO PREZONE THE PROPERTY NORTH OF COUNTRY CLUB DRIVE, WEST OF WASHINGTON STREET TO THE EXISTING CITY LIMIT FOR THE PURPOSE OF FACILITATING ANNEXATION OF THE AREA TO THE CITY OF PALM DESERT AND APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PERTAINING THERETO. CITY OF PALM DESERT. APPLICANT. Mr. Diaz reviewed the staff report, noting that this prezoning would include Avondale, Palm Valley Country Club, Regency Palms, and Regency Estates. He showed a video of the area and stated that staff recommended keeping the zoning as it currently is except for the 118 acres of undeveloped land which was currently zoned R-1 12,000. He said staff felt the front portion of this 118 acres should be rezoned Office Professional, with the remainder as Service Industrial, because of the close proximity to Interstate 10 and the railroad. Mayor Crites declared the public hearing open and invited testimony from the applicant. MR. GORDON E. PAULUS, 44-419 Sorrento Court, Palm Desert, spoke on behalf of his client, Equity Directions. He noted that a meeting had been held with homeowners and that although his client preferred Plan A, they would be willing to go with the alternative Plan B that was suggested with residential included in the 118 acres of undeveloped land. MR. DENNIS FRENCH, President of Equity Directions, 77-564 Country Club Drive, Palm Desert, stated he felt this would be a very high quality business park. He said although it had been difficult to meet with everyone in the area, he had recently met with a number of them individually and in smaller groups. He found them to be sincere and gracious people who were basically worried about increased traffic, the concept of industrial, property values of their homes, etc. He said they wished to comply with all of the City's regulations and planned to continue working with the residents after the rezoning to resolve any concerns they might still have. • MR. LARRY MOORE, 1530 East First Street, Santa Ana, spoke on behalf of his client, Equity Directions, and said the major concern of the residents was with the country club frontage of their project and how what happens across the street will affect them. He said there was tendency on their part, which he felt in this case was very unrealistic, to say that if they cannot find a solution they are comfortable with, it should be zoned R- 1. He said he felt this was not a good R-1 property because it was wedged between the railroad tracks and freeway on one side and an ever growing arterial street on the other MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * side. He added that if the Council decided not to approve the change of zone per the staff report, his client would be inclined to pull out of this annexation. Mayor Crites invited testimony in FAVOR of this request. MR. RICK WALKER, Equity Directions, read a prepared statement in favor of this prezoning. He said Equity Directions was dedicated to the highest quality of building that could be accomplished. MR. RICK LUNDGREN, 1010 West Chapman, Orange, spoke as the architect for the project. MR. CARL LAWRENCE, 77-247 Sawgrass Circle, Palm Desert, said his kitchen overlooked the proposed development, and he felt any residential would be substandard housing because of the location of the railroad and Interstate 10. He said he would much rather have office professional. Mayor Crites invited testimony in OPPOSITION to this request. MR. HOWARD GURWITZ, 77-623 Baron Circle, spoke as President of the White Hawk Association and said the homeowners were not opposed to the annexation of the 118 acres with the R-1 12,000 zoning. They felt any rezoning of the property should be considered at the time a tentative tract map is submitted. He said many of the residents had purchased their homes with the understanding that there would be residential across the street. He added that a straw vote of the members of the White Hawk Homeowners Association showed 97% were in favor of the annexation but opposed to changing the zone. MR. DOUGLAS MILLER, 39-640 Regency Way, Palm Desert, spoke as past president of the Regency Palms Homeowners Association and present member of that association. He said ballots had been sent to the homeowners and that approximately 94% were opposed. MR. WAYNE GURALNICK, 74-399 Highway 111, Palm Desert, spoke as representative of the Palm Desert Resorter Association. He said the association was in favor of the annexation but were opposed to changing the zone until the developer comes in with all of the plans, commitments, and drawings and a full hearing is held. He added that the residents were concerned with traffic impacts and property values. MRS. MARY STROSNIDER, Palm Desert Resort Country Club, 41-793 Preston Trail, read a prepared statement in opposition. She expressed concern for the welfare of the children in the area. MR. PETER SOLOMON spoke as the representative of Regency Homes, the builders of both Regency Palms and Regency Estates. He said he lived in one of t he last phases MINUTES REGULAR PALM DESERT ITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * *.1r * * * * * * * * * * * * * * * * * * * * * * * * * of Regency Palms, close to the railroad tracks. He said he had no argument with the fact that Equity Directions could build an attractive industrial park; however, he felt it would be detrimental to the property values of the homes in the area and would not be compatible. MR. JIM STROSNIDER, 41-793 Preston Trail, said he had followed this through seven public hearings, from the Riverside County Planning Commission, through the Board of Supervisors, and through the City of Palm Desert Planning Commission. He said he agreed with the Palm Desert Planning Commission recommendation that the zoning remain the same. MR. MIKE WELLS, 77-623 Baron Circle, White Hawk development, said he was a Captain in the Palm Springs Fire Department and was opposed to the rezoning to commercial or light industrial because of potential accidents involving hazardous materials being transported. He cited as an example the Ocean Pool Mart fire in 1988 where the Palm Springs Airport had to be closed and residents evacuated. MR. ALIBABA FARZANEH, 40-345 Sagewood Drive, Palm Desert, said he had applied for a home in Regency Estates. He suggested that instead of industrial, the developer should turn the property into a park for the City of Palm Desert. The following individuals also spoke in opposition to the rezoning of this property: MR. ED MESSRENI, 48-771 Shady View. MR. BRUCE SLAGOWITZ, 39-675 St. Michael Way, Regency Palms. MR. BRUCE WILEY, 76-771 Queens Court, Regency Palms. Mayor Crites declared the public hearing closed. Council Comments/Questions: Kelly: Stated that many of the people who spoke against staffs recommendation did not indicate how they felt about Plan B. The consensus of the audience was that they were opposed to Plan B. Kelly said his inclination was to move ahead with the prezoning as the Planning Commission recommended. Wilson: Said when he came to this hearing he did not see anything to convince him to change the zoning. However, he said he was a little offended by the herd instinct and people, through loud and boisterous comments, trying to railroad a point of view. He felt logic and reason was a far better way to address an issue. He said he thoroughly understood staffs point of view with regard to the railroad tracks and said if the County approves the Eagle Mountain dump site, there will be train after train going down those MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * tracks. He felt the residents should be concerned about that possibility also. He said he agreed the dual designation of the land should be removed, and if the Council goes forward with the annexation, it should be with the zoning that the County has already applied to the land. He said the people who bought the land knew what the zoning was, and he felt that zoning should be maintained. Snyder: Said he felt what the developer had presented was logical and that a beautiful project would be built and would probably be better for that land. However, he agreed after listening to the people that compatibility was a problem, and he felt he could not approve changing the zoning when people bought into the area thinking the zoning would protect them. He recommended going along with the Planning Commission recommendation and keeping the County zoning for this property. Crites: Felt the most important issue was moving the annexation forward. Expressed concern with having more of that area developed under County standards. Said he had visited the site and did not have any problem with noise standards. Felt it was a reasonable place for people to live in single family homes. Said he agreed with his colleagues' comments and felt there was no justifiable reason to change the zoning. Councilman Kelly moved to waive further reading and pass Ordinance No. 619 to second reading, amended to reflect the Planning Commission's recommendation to maintain the County zoning. Motion was seconded by Wilson and carried by unanimous vote of the Council. MR. LARRY MOORE addressed Council and stated that in light of the vote, the land owner wished to go on record as formally requesting that all of his property be deleted from the annexation. Mayor Crites called a brief recess at 9:30 p.m. and reconvened the meeting at 9:38 p.m. C. REOUEST FOR CONSIDERATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM O.S.N. (OPEN SPACE) TO PR-4 (PLANNED RESIDENTIAL, 4 UNITS/ACRE), AND A 58-LOT RESIDENTIAL SUBDIVISION FOR 17.6ACRES AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND PHYLLIS JACKSON LANE. DAVE MANOOKIAN AND HAROLD HOUSLEY. APPLICANTS. Mr. Drell reviewed the staff report and offered to answer any questions. Upon question by Snyder, Mr. Drell responded that the entrances were to be located off of Deep Canyon Road and off of Phyllis Jackson Lane. Councilman Snyder asked whether the City had to purchase the right-of-way when constructing Phyllis Jackson Lane. Mr. Folkers responded that the City had purchased the property from the person who owned it at that time, and Mr. Manookian was the new property owner. MINUTES REGULAR PALM DESERT ITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * OCTOBER 25, 1990 * * * * * * * * * * * * Councilman Wilson asked what kind of analysis had been made of the additional traffic on top of the school traffic that would use Phyllis Jackson Lane. Mr. Drell responded that the project would generate approximately six to ten trips per day times 58 lots. He said half of that traffic would probably use Deep Canyon, and half would use Phyllis Jackson Lane. Councilman Kelly stated that he liked the idea of traffic from this development using Phyllis Jackson Lane because it would go to a signal on Fred Waring. However, he had a problem with also having access on Deep Canyon because he felt people coming from the High School would try to cut through the development to get to Portola Avenue. He said he would rather see the traffic from this development have access only at Phyllis Jackson Lane. Mr. Folkers stated that in reviewing this tract with the developer and engineer, there were real concerns about access. He said there was a need for a second access for police and fire purposes. However, he felt it should be reviewed additionally by staff based on concerns expressed by Council at this meeting. He said it was not staffs idea to have a cut through situation. Upon question by Mayor Crites, Mr. Drell responded that there were no two-story units in the adjacent developments. Mayor Crites asked why staff was recommending two- story for this development. He asked that staff also review the two-story issue at the same time as the traffic circulation is reviewed. MR. BILL ENOS, Housley and Associates, spoke as representative of the applicant, David Manookian. He said Mr. Manookian was very interested in complying with the wishes of the Council and working with City staff. However, he said Mr. Manookian was really tied in with what he had to do as far as the traffic flow through the property. He said he had been instructed by City staff to provide an entrance and exit on Phyllis Jackson because they did not want to dump all the traffic onto Deep Canyon. He said the options had already been investigated and that he felt this was a workable solution to the traffic problems. Councilman Wilson moved to continue this matter to the meeting of December 13, 1990, to allow staff time to review issues dealing with traffic circulation and building height. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Councilman Snyder moved to adjourn to Closed Session at 9:57 p.m. pursuant to Government Code Sections 54956.9(a), (b), and (c), pending and potential litigation. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mayor Crites reconvened the meeting at 10:30 p.m. and immediately adjourned with no action announced from Closed Session. BUFORD CRITES, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY/ LERK CITY OF PALM DESERT, IFORNIA