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HomeMy WebLinkAbout1991-04-25MINUTES REGU (t PALM DESERT CITY COUN , MEETING THURSDAY, APRIL 25, 1991 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites (Arrived at 4:20 p.m.) Mayor Pro-Tempore Richard S. Kelly Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.1.O. Carlos L. Ortega, ACM/RDA Executive Director Paul Shillcock, ACM/Director of Economic Development Richard S. Folkers, ACM/Director of Public Works Ramon A. Diaz, ACM/Director of Community Development/Planning Paul Gibson, Director of Finance/Treasurer Robert Smith, Acting Director of Code Compliance John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 11, 1991. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 0314, 0317, 0319, and 0422. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CLAIM NO. 167 AGAINST THE CITY by Leonard Kibrick in the Amount of $3,469.0... Rec: By Minute Motion: 1) Deny the Claim because the incident occurred outside the jurisdictional limits of the City of Palm Desert; 2) Direct the City clerk to so notify the Claimant. D. STAFF REPORT Relative to Proposed Traffic Controls at Burroweed Lane and Pinyon Street. Rec: Receive and file, concurring with staff report. E. REQUEST FOR APPROVAL of Agreement No. 00-539 with Marriott Corporation for Hovley Lane Median Island Reimbursement. Rec: By Minute Motion, authorize staff to negotiate a reimbursement agreement with Marriott Corporation to provide for the Hovley Lane island reimbursement for construction costs. F. REQUEST FOR APPROVAL of Transfer of City Street Right -of -Way at Portola Avenue and Highway 111 to CalTrans. G. Rec: By Minute Motion, authorize the Mayor to execute the appropriate deeds t provide for the conveyance of current City right-of-way to the State of California Department of Transportation. REQUEST FOR APPROVAL of Final Tract Map 26757, Sunrise Desert Partners, Applicant. Rec: Waive further reading and adopt Resolution No. 91-47, approving Tract Map 26575. H. LETTER FROM BARBARA FLANAGAN Relative to the City's Animal Control Program. Rec: By Minute Motion, receive and refer to staff for report and recommendation. Councilmember Benson removed Item E for discussion under Section 10. City Manager Bruce Altman advised that a written request had been received from Sunrise for Item G to be removed from the Consent Calendar. Upon motion by Wilson, second by Benson, the remainder of the Consent Calendar was approved as presented by a 4-0 vote with Councilman Crites ABSENT. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * t * * * * * * * * * * * * * * * * * * * * * * * * VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCU NO. 62 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE HEALTH AND SAFETY MUNICIPAL CODE PERTAINING TO MOBILE SOURCE AIR POLLUTION REDUCTION. Mr. Altman stated that there was a memorandum in the packets from Environmental Conservation Manager John Wohlmuth. Councilman Wilson added that basically this would make the City eligible to share in the pool of Department of Motor Vehicles money that will be returned to the cities for air pollution control measures. Upon question by Councilman Kelly as to whether or not some of this money could be used for golf cart studies, Wilson responded that it was something that could be considered. Upon motion by Kelly, second by Benson, Ordinance No.Q was passed to second reading by a 4-0-1 vote with Councilman Crites ABSENT. For Adoption: A. ORDINANCE NO. 638 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTIONS 8.20.125 AND 8.20.145 TO THE MUNICIPAL CODE AND AMENDING SECTIONS 8.20.020, 8.20.120, 8.20.140, 8.20.150, 8.20.170, 8.20.180, AND 8.20.190 OF THE MUNICIPAL CODE RELATING TO NUISANCE ABATEMENT. Mr. Altman stated that this ordinance had been introduced at the last meeting and that no changes had been made. He recommended its adoption. Upon motion by Benson, second by Kelly, Ordinance No. 638 was adopted by a 4-0-1 vote with Councilman Crites ABSENT. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. CONSENT ITEMS HELD D OVER E. REQUEST FOR APPROVAL of Agreement No. 00-539 with Marriott Corporation for Hovley Lane Median Island Reimbursement. Councilman Crites expressed concern that the medians had not been taken care of. He said plants had died, and what was placed as original landscaping and what had survived were not the same thing. He asked what was to be done about the situation. Mr. Folkers responded that this was something that would be discussed during the negotiations for the reimbursement agreement with Marriott Corporation. Councilman Crites moved to, by Minute Motion, authorize staff to negotiate a reimbursement agreement with Marriott Corporation to provide for the Hovley Lane island reimbursement for construction costs. Councilman Wilson seconded the motion, and it carried by unanimous vote. X. NEW BUSINESS A. PRESENTATION BY GEORGE P. BERKEY RELATIVE TO MODIFICATIONS TO APPROVED PEPPERWOOD APARTMENT PROJECT DEVELOPMENT. Mr. George Berkey, Jr. presented proposed changes to the apartment project. The included new elevations with four units to a building and two car garages per unit ant. a new plot plan. The density would remain the same as would the front and rear set backs. The first phase to be built would be the one closest to Portola Country Club. Council offered no strong objection to the changes and directed staff to process them beginning with the Planning Commission. B. CONSIDERATION OF AN 4P . EAL OF AN ARCHITECTURAL REVIEW COMMISS' 'N DECISION :..JWLRING THE HEIGHT OF A PROTECTIVE SCREEN .)R A RESIDENCE ADJACENT TO SHADOW MOUNTAIN GOLF COURSE. DAMES & DIANA PUFLOTH. APPELLANTS. Mr. Drell reviewed the staff report and showed a video of the screen in question as well as surrounding homes with similar protective screens. He noted that the Architectural Review Commission had approved a screen lowered to the same height as the roof on the adjacent home owned by Mrs. Morehouse (approximately nine feet). However, the applicant felt this would be too low and would not offer sufficient protection. He added that it was his understanding that Mrs. Morehouse was willing to accept the decision of the Architectural Review Commission. MR. JAMES DUFLOTH, applicant, read a prepared statement and asked that Counc: consider allowing him to lower the screen only two feet instead of the four feet 2 determined by the Architectural Review Commission. He explained the material use 4 MIN U 1rz REGULAR PALM DESERT CITY COUNCIL MEETING • * * • * * * * • * • • * * * * * * * * * APRIL 25, 1991 * * * * * * * * * • * * • • for the screen and said any balls that hit it would fall onto his own property. He added that he was concerned with the safety issue because of golf balls landing in the yard. MS. MARGERY HARTNETT spoke on behalf of Mrs. Viola Morehouse, adjacent property owner. She added that she had personally resided in this home and felt the golf ball problem was a trade-off for living on a golf course. Councilman Kelly moved to affirm the decision of the Architectural Review Commission and deny the appeal. Motion was seconded by Wilson. Councilman Wilson asked whether the Commission's decision included tightening and securing the screen material so that balls do not fall into the neighbor's yard, and Mr. Drell responded that it did. Wilson stated that Mrs. Morehouse's letter had indicated a problem with birds flying into the screen and becoming trapped in the mesh, and he asked if there was any evidence of this. Mr. Diaz responded that staff felt chain link would be worse for birds than mesh. Councilman Wilson asked if it would be possible to move the fence back onto the applicant's property and away from Mrs. Morehouse. Mr. Dufloth responded that the posts and fence were completely on his property. He reiterated his concern for safety and felt nine feet would not provide adequate protection. Councilman Kelly amended his motion to concur with the decision of the Architectural Review Commission but adjust the height of the screen to ten feet. Councilman Wilson accepted the friendly amendment. Ms. Hartnett expressed concern with approving the screen at ten feet because in measuring the area, she had found that Mr. Dufloth's ground level was higher than that of Mrs. Morehouse. She added that with regard to the screen, it was tied onto the standards with black tape and was very unsightly. Councilman Kelly explained that his motion was that the screen be adjusted to ten feet, or one foot above the adjacent roof. Councilman Wilson agreed. Councilmember Benson questioned the black tape, and Mr. Dufloth responded that the screen was specially designed and had black grommeting and black fasteners. Upon question by Councilman Wilson, Mr. Drell stated that the Architectural Review Commission had not discussed attachments. The members looked at the pictures submitted and felt the screen was very transparent, more so than any of the alternatives. Mayor Snyder called for the vote. The motion carried by a 4-0-1 vote, with Councilman Crites ABSTAINING as he did not arrive until the middle of the testimony. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR APPROVAL OF SOUTH PALM DESERT TRAFFIC MANAGEMENT PLAN. Mr. Folkers reviewed the staff report, noting that staff had looked at all streets south of El Paseo between Portola Avenue and Highway 74. Councilman Wilson questioned the need for a stop sign at Heliotrope and Alamo and said he had not noticed a problem in that area since restriping. Mr. Folkers responded that the intent was that nothing would be put in until warrant are met. Councilman Crites asked if saying yes to this plan meant the traffic controls would actually be put in. Mr. Folkers responded that this was just a master plan and that staff would come back to Council for specific approvals. Crites added that he did not want to see this as a master plan unless all of the locations were discussed because he felt some of the controls would create traffic problems instead of eliminating them. Mayor Snyder said he agreed that all of the areas included in the report were areas that needed to be looked at, but he did not necessarily agree with all of the recommended solutions. Councilman Wilson said he felt this was a very useful survey and that he found it helpfi: in pinpointing areas of concern. He suggested adopting the plan as a concept for futur consideration and added that he would like to see the two stop signs recommended foi Mesa View approved at this time due to pedestrian traffic consisting mainly of children. Councilman Kelly moved to approve the recommendation and authorize staff to proceed along those lines with the understanding that consideration of the installation of stop signs and/or signals mentioned in the report would return to the City Council for approval. Councilman Wilson seconded the r on, and it carried by unanimous vote. D. REQUEST FOR APPROVAL OF SAN JACINTO AVENUEJDE ANZA WAY TEMPORARY APPROACHWAY CLOSURE. Mr. Folkers reviewed the staff report, noting that a lot of through traffic seemed to be using San Jacinto to bypass the congested intersection at Portola and Alessandro. He said staffs recommendation was to proceed with the implementation of a temporary closure of San Jacinto, with only emergency police and fire access being allowed. Upon question by Councilman Crites, Mr. Folkers stated that the issue was primarily speed of the vehicles and disruption of the neighborhood, and staff did not feel the temporary closure would cause vehicles to then use San Jose. MS. KATHY SALVO, a resident of San Jacinto Avenue, stated that because the corc of the traffic counters did not meet in the middle of the street, not all of the traffic goin through the neighborhood was counted. She added that there were a lot of children i the neighborhood, and safety was a concern. 6 MINUTES REGULAR PALM DESEPT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * APRIL 25, 1991 * * * * * * * * * * * « Councilman Wilson asked whether the proposal had been discussed with the neighbors and if they had any problems with having the end of the street closed off. Ms. Salvo responded that most of the neighbors on the street agreed that De Anza would be the preferred end to close rather than Portola. She also submitted a petition with signatures of residents on San Jacinto (on file and of record in the City Clerk's office). Councilman Wilson moved to, by Minute Motion, approve the recommendation and direct staff to proceed with its implementation. Councilman Kelly seconded the motion, and it carried by unanimous vote of the Council. Councilmember Benson added that she would like for staff to keep a watch on this area to see if people begin using San Jose because of San Jacinto being closed off. Council concurred. E. INFORMATIONAL ITEMS: I. Palmer CableVision Update. Mr. Ortega stated that a request had been received from Palmer CableVision relative to restructuring of the company. He said the City Attorney would be looking at what would be required and a report and recommendation would be made at the next meeting. 2. Update on Tri-Cities Sports Facility. Mr. Diaz stated that meeting had been held with area residents regarding the ballfields and that various concerns had been raised such as traffic, noise, etc. He said these concerns would be addressed at the next meeting. 3. Report on Del Webb's Sun City. Mr. Diaz reviewed the report in the packets and offered to answer any questions. Upon question by Councilman Kelly, he responded that staffs recommendation was that this type of development should occur within an incorporated community rather than in the County. Councilman Kelly stated that La Quinta had just applied to take this project into its sphere of influence, which he felt would be a catastrophe since La Quinta does not participate in the Transportation Uniform Mitigation Fee (TUMF) program. He felt it might be better to let the County just take care of it since it does participate. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * * * * * * * * * * * * * * * • * * * * * * * * * * * * * Mr. Diaz noted that paragraph 4 of the staff report recommended that the projec. not proceed until assurance that the necessary regional circulation improvements will be constructed. Councilman Crites asked if there was anything in the Del Webb proposal now that would guarantee that what is included in paragraph 4 of the report would actually occur, and Mr. Diaz said there was not. He asked if paragraph 5 would make that occur, and Mr. Diaz said it would not. Mr. Diaz said the City could request that a condition be placed in the EIR by the County that the project shall participate in the TUMF program regardless of what city it ends up in. Councilman Wilson thanked staff for preparing this report and asked that the EIR be looked at very closely and to advise of the concerns the City should address in addition to the developer participating in the TUMF program. 4. Report on Palm Springs Raceway. Mr. Diaz reviewed the report in the packets, noting that staff was recommending that the City of Palm Desert not take a position in opposition to the raceway a long as regional circulation corridors were not significantly impacted. Councilman Crites added that CVAG's Energy and Environment Committee had received several requests to look at this proposal to see whether there are regional issues involved. He said a letter had been sent to the Executive Committee asking whether the Energy & Environment Committee should indeed review it. Councilman Wilson thanked staff for looking into this matter and said he agreed with the recommendation. XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Environmental Conservation Manager John Wohlmuth introduced Ms. Miriar Swarbrick, Recreational Advisor from the Gisborne District Council. He said sh 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * • • * * * • * * * * * * • * * * * * * * K * * * * • * * * • * * * would be working with the City of Palm Desert for several weeks and would be looking at the Senior Center, YMCA, Parks & Recreation Department, etc. Ms. Swarbrick stated she was honored to be visiting Palm Desert and had already been made to feel very welcome and a part of the City. She presented Mayor Snyder with a book a letter from the Mayor of Gisborne, New Zealand. 2. STAFF UPDATE on Cook Street at the Wash. Mr. Altman advised that more research was needed on the costs of the different alternatives for the project. Council concurred that staff should proceed as outlined in the memorandum. 2. &TAFF UPDATE on Civic Center Directional Signs. Mr. Altman stated that this was discussed at the last meeting and that staff was asking where Council wanted to have these signs placed. Transportation Engineer Seyed Safavian reviewed the proposed wording and placement of the signs. Council concurred with staff recommendation for placement of nine signs throughout the City on a trial basis. B. CITY ATTORNEY Mr. Erwin asked that Council adjourn to Closed Session at an appropriate time. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. LETTER from Supervisor Patricia Larson Relative to the Proposed Palm Springs Raceway. (Councilman Buford A. Crites) Mr. Crites advised that he had placed this item on the agenda for information only. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session pursuant to Government Code Section 54956.9 (a) (Smith vs. City of Palm Desert - Haystack Channel; Levald vs. City of Palm Desert - Indian Springs Mobile Home Park), (b), and (c). Councilman Kelly seconded the motion, and motion carried by unanimous vote. Mayor Snyder adjourned to Closed Session at 5:55 p.m., said session to be held during the dinner recess. Mayor Snyder reconvened the meeting at 7:00 p. m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. MURRAY MAGLOFF, Chaparral Country Club, addressed Council on behalf of the homeowners at Chaparral, and requested a signal at the club's entrance. Mr. Altman advised that staff would investigate and prepare a report for presentation in 30 days. MR. VICTOR HASSLER, 44-179 Elba Court, addressed Council on behalf of th homeowners in Hidden Palms and expressed concern about the proposed low-cost housing iit Indian Wells which would be immediately adjacent to Hidden Palms and the City limit line. Mr. Altman advised he would prepare a report for a future meeting. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RUSOLUTION OF APPRlrCIATION IN MEMORY OF MICHAEL GROSSMAN. Mayor Snyder read the resolution and presented it to Michael Grossman's mother, noting that the City would truly miss him. B. PRESNTATIQN OF PROCLAMATION DECLARING THE WEEK OF APRIL 21- 27, 1991, AS NATIONAL CREDIT EDUCATION WEEK. Mayor Snyder read the proclamation and presented it to Ms. Betty Meyers. C. PRFrSENTATION OF PROCLAMATION DECLARING MAY 10, 1991, AS EDUCATIONAL FOUNDATION HALL OF FAME DAY. Mayor Snyder read the proclamation and presented it to Dan Ehrler of the Palm Desert Chamber of Commerce. XVIII. PUBLIC HEARINGS 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * , * * * * * * * * * * * * c * * * * * * * * * * * * A. REQUEST FOR CONSIDERATION OF A RESOLUTION OF INTENT REQUESTING LAFCO TO TAKE PROCEEDINGS FOR PROPOSED ANNEXATION NO. 29 - AREA SOUTH OF COUNTRY CLUB DRIVE, NORTH OF FRED WARING DRIVE, AND WEST OF WASHINGTON STREET. Mr. Diaz noted that this item was related to Public Hearing B on the Agenda. Associate Planner Steve Smith reviewed the staff report and offered to answer any questions. Upon question by Councilman Crites, he responded that petitions from 621 residents had been received. Mr. Diaz added that at its last meeting the Redevelopment Agency Board had approved a study of the area, and staff proposed that the application for annexation not be filed until the study is completed. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of this request. None was received. He invited testimony in OPPOSITION to this request. MR. DICK BLANPIED, Mountain View Road near Washington Street, stated that a petition had been submitted at the Planning Commission meeting by residents in his neighborhood requesting that the 60-70 homes in the area not be included in this annexation. He said the Planning Commission had done a good job of selling him on the fact that the City had no wish to hurt them and would work with the homeowners to see that things remained the same as they currently are. He said the main concern was that their properties were unique, and they would hate to have to change their lifestyles. Mr. Diaz stated that many of the issues just raised would be addressed by the next public hearing. Mayor Snyder declared the public hearing closed. Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 91-4$, requesting the Local Agency Formation Commission to take proceedings for the change of organization known as Palm Desert Annexation No. 29; 2) by Minute Motion, appropriate $3,000 to Account No. 110-4111-3640 from the Unobligated General Fund Reserve; 3) by Minute Motion, authorize the Mayor to execute Contract No. 00-540 with Engineering Services Corporation for the preparation of metes and bounds legal description and necessary mapping for the annexation application for Annexation No. 29 in an amount not to exceed $3,200, said funds to be appropriated from Account No. 4170, Annexation Studies; 4) by Minute Motion, authorize the Mayor to execute Contract No. 00-541 for consultant services with Jonathan and Associates for the preparation of a Fiscal Impact Report for the Annexation No. 29 in an amount not to exceed $19,800, which includes a 10% contingency, with funds to be appropriated from Account No. 4170, Annexation Studies. Councilman Kelly seconded the motion, and it carried by unanimous vote of the Council. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT GENERAL PLAN TO COVER THE PROPERTY SOUTH OF COUNTRY CLUB DRIVE TO FRED WARING DRIVE, WEST OF WASHINGTON STREET TO THE EXISTING CITY LIMIT TO PREZONE THE SUBJECT AREA 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. Associate Planner Steve Smith reviewed the staff report and showed the area discussed by Mr. Blanpied during the previous public hearing. He noted that the property at Country Club and Washington was an existing shopping center. He said Carver Company owned the property west of that center and had already provided the City with documentation indicating that the County had given them commercial zoning on the remainder of the site. He said staff would make changes to the maps attached to the ordinance and resolution prior to the next meeting. Mr. Smith stated that concerns raised regarding schools, trash, water and sewer, cable television, etc., had been covered during the Planning Commission meeting, with minutes included in the packets. Issues such as 1) land use along Washington Street and 2) land uses, streets and drainage, keeping of horses in the Delaware, Mountain View, and Robin Road area between Warner Trail and Washington Street could not be addressed quickly; therefore, staff recommended that these areas be placed in a study area fc general plan purposes and prezoned as they currently are under the County. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. RAYMOND HILL, 42-333 Washington Street, said he had purchased his property in 1975. He said that due to the historical nature of the property, he was asking that, when he decides in the future to develop it, some consideration be given to changing the zoning from R-1 to R-3. MR. JOEL OSBORNE, 77-805 Delaware, said he had just completed a custom home on his lot and expressed concern that changing the zoning would significantly alter the value of the property. He said he was opposed to the R-1 9,000 zoning in the study area. Mr. Smith responded that staff was proposing to zone the study area to be identical to the present County zoning which allows for 9,000 square foot lots. In response to Mr. Osborne;s concerns regarding the two horses presently being kept on his property, Mr. Diaz said the entire area would be studied. He said rather than having R-1-A zoning with the option of having one -acre lots, a minimum lot size would bA 12 M.LNU Lt.S REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * - * * * * * * * * * * * * r * * * * * * * * * * * * established so that everyone is protected and no one would be able to come in, acquire a one -acre lot, and then cut the lot size down. With no further testimony offered, Mayor Snyder declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 91-42 and to waive further reading and pass Ordinance No. 4�.Q to second reading. Councilman Wilson seconded the motion, and it carried by unanimous vote. C. REQUEST FOR APPROVAL OF LOT ABATEMENT CHARGES FOR PARCEL NO. 625-243-004-2. Code Compliance Officer Bob Smith noted that a request had been received to postpone this public hearing for two weeks. Mayor Snyder declared the public hearing open_ and invited testimony in FAVOR of or OPPOSED to this request. None was offered. Upon motion by Wilson, second by Crites, the item was continued to the meeting of May 9, 1991, by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF LOT ABATEMENT CHARGES FOR PARCEL NO. 640-291-001-9. Code Compliance Officer Bob Smith reviewed the staff report, noting that all notices had been returned as not deliverable. Mayor Snyder declared the public hearing open, and invited testimony in FAVOR of or OPPOSED to this matter. No testimony was offered, and he declared the public hearing closed. Upon motion by Crites, second by Wilson, Resolution No. 91-51 was adopted by unanimous vote of the Council. E. REQUEST FOR APPROVAL OF CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT AND APPROVAL OF A PRECISE PLAN, CONDITIONAL USE PERMIT, CHANGE OF ZONE, AND TENTATIVE TRACT MAP FOR A 687-UNIT RESIDENTIAL DEVELOPMENT, 18-HOLE GOLF COURSE, AND A 225-SUITE HOTEL ON 420 ACRES LOCATED EAST OF PORTOLA AVENUE, NORTH OF FRANK SINATRA DRIVE. Mr. Drell reviewed the staff report, noting that the applicant was requesting that the zoning be changed from R-1-M (Mobilehome) to PR-5 to provide uniform zoning for the entire site. He said very few specific negative comments had been received. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In response to Councilman Wilson's question regarding the signalized entrance ant. whether it would be put in as part of the original project or held until warrants are met, Mr. Drell stated that the applicant was proposing that it be put in with the first phase of the project; however, if Council wished, it could be deferred until a later time. Mayor Snyder declared the public hearing open and invited testimony from the applicant. MR. WILLIAM SWANK, 41-865 Boardwalk, Suite 102, stated that when the project was first being designed, it was decided that only the very best professional people would be used. He said the project was very low density with single -story predominantly throughout. He offered to answer any questions. With no further testimony offered, Mayor Snyder declared the public hearing closed. Concil Comments/Oue$tions; Crites: Asked which school district this project was in. Mr. Drell responded that it was in the Palm Springs Unified School District and that staff had been discussing with the District how willing they were to give it up. He said so far staff had not gotten anything positive on this matter. Mr. Diaz added that he had spoken with the head of the Planning Department of Pain Springs Unified School District who indicated they would be willing to sit down am, discuss the situation; however, it was actually a matter between the two school districts. Snyder: Suggested that staff discuss the matter with the Desert Sands Unified School District and ask that a joint meeting between the two districts be arranged. Council concurred. Crites: Questioned condition #26 on page 12 relative to the Fire Department. Mr. Drell responded that there were ongoing discussions with the Fire Marshal and that the applicants had indicated they would adhere to any conditions placed by the Fire Department. Crites: Referred to the list under Table 1 of AQMD mitigation measures in the EIR and noted that no mitigation measures were listed that he could see. Mr. John Crist, Terra Nova, 275 N. El Cielo, indicated that the applicant would be required to prepare a fugitive dust and blow sand control mitigation plan in conjunction with the grading plan. He added that the AQMP was the vehicle for many of the things that would be done over the next 30 years. Councilman Crites expressed concern with the two-story units not being in the interio of the project. Questioned the wording of the condition regarding recycling and aske4 14 MIN Ill REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * a * * * * * * * * * * * * • * * * * * * * * * * * * if there was anything that would cover future changes in technology so that we are not locked into the current technology. Mr. Drell responded that the condition could be modified to add wording to that affect. Councilman Kelly suggested removing the wording "where applicable". Upon question by Councilman Crites regarding the setback of the hotel, Mr. Drell explained that this hotel would be 40 feet in height and would be set back 250 feet. Benson: Main concern was with the height of the hotel and the fact that it would be located right on the corner of the property. She felt the beauty of the Marriott Hotel was the way it was set back and the way the landscaping enhanced the entire project. Kelly: Asked what measures were planned to mitigate blow „nd problems along Portola Avenue. Mr. Drell responded that there would not be a landscaped median along Portola Avenue. He added that the Air Quality Management District had looked at the undeveloped land and felt there was really nota lot that could be done about the blow sand. Mr. Folkers added that staff was working with Temple Construction and that some work had been done on Cook Street and Frank Sinatra. He said sand fences could be put in that would help stop the blow sand and also the area could be watered to encourage green growth that would trap the blow sand. Mr. Altman stated that a condition could be added that the developer work with the City to come up with mitigation measures to take care of the blow sand problems. Wilson: Questioned Items 5 and 6 of the EIR dealing with emission problems and vehicle trips. He asked if some kind of people mover contribution was being considered for this development to allow alternatives to automobile traffic and people coming into the City. Mr. Drell responded that at this point in time there was no such program being considered; however, a condition could be added that this project participate in any future people mover system. Mr. Altman suggested a condition that if a people mover district is formed, the hotel will participate on a benefit basis. Kelly: Asked if there was any guarantee that bus shelters would be put in. Mr. Drell responded that there was already a condition to provide bus turnouts. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MELTING APRIL 25, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly asked that Council direct that this matter come back to thi. Architectural Review Commission to make sure the shelters tie in with the rest of the bus shelter program. Upon question by Wilson regarding the large number of employees that will be required to take care of the golf course, hotel rooms, etc. and the possibility of a van pooling plan, Mr. Drell responded that there was a general condition to the effect that all mitigation measures identified in the Environmental Impact Report will be pursued as part of the project. Mr. Altman added that Environmental Conservation Manager John Wohlmuth would be able to work with the developer on these measures. Councilman Crites asked if the applicant would have any objection to allowing the AQMD to observe the kinds of emission controls they would use in an effort to measure their effectiveness. Mr. Swank responded that they would be welcome to do so. Upon question by Councilman Wilson, Mr. Diaz responded that staff would come back at second reading of the ordinance with responses to Items 3, 5, and 6. Councilman Wilson asked if staff would look into the people mover concept as a future possibility. Mr. Diaz responded that staff would look into some type of future agreement. Councilmember Benson asked if the applicant would consider moving the 30 two-story units from the outside to the middle. Mr. Swank responded said that there were substantial setbacks from the property line that would mitigate the height of these buildings. Councilman Wilson moved to waive further reading and pass Ordinance No. 41 to second reading, changing the zone of said property and certifying its Environmental Impact Report. Councilman Kelly seconded the motion, and it carried by unanimous vote. Mr. Diaz noted that a new resolution would be presented prior to the second reading of Ordinance No. 641, one which would address the concerns raised by the City Council. XIX. ORAL COMMUNICATIONS - D None 16 MLIN U 1 rJ REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 25, 1991 * * * * * * * * * * * * * * * * * * * * * * . * * * * * * * * * * * * XX. ADJOURNMENT Upon motion by Crites, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 9:10 p.m. ATTEST: SHEILA R. GIL GAN, C CLERK CITY OF PALM DESER CALIFORNIA WALTER H. SNYDER, MAYOR/ 17