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HomeMy WebLinkAbout1990-04-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 12, 1990 CIVIC CENTER COUNCIL CHAMBER # s * ; f a a a I. CALL TO ORDER Mayor Pro-Tem Snyder convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Walter H. Snyder III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman S. Roy Wilson Mayor Pro-Tempore Walter H. Snyder Excused Absence: Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Carlos L. Ortega, ACM/Director of Redevelopment Agency 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 Frank Allen, Director of Code Compliance Pat Conlon, Director of Building & Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 22, 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0307, WR0310, and WR0316. Rec: Approve as presented. MIMUTE5 REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 . . . . . . . . * . . * . * . . * * * * * * . . * C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by T 8 R, Inc„ for Laff Stop Palm Desert, 72-990 El Paseo, Palm Desert. Rec: Receive and refer to Department of Community Development for processing. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Prado, Inc., for El Prado, 72-820 El Paseo, Palm Desert. Rec: Receive and refer to Department of Community Development for processing. E. CONSIDERATION OF REQUEST for Waiver of Drainage Fees, Tract 25304, Ken-Mor Enterprises. Rec: By Minute Motion, deny the requested waiver of drainage fees. F. REQUEST FOR APPROVAL of Final Tract Map 25304 (Ken-Mor Enterprises, Applicant). Rec: WE •Je further reading and pass Resolution No. 90-35 to second reading, approving Tract Map 25304. G. MINUTES of the El Paseo Business Association Meeting of February 1, 1990. Rec: Receive and file. H. MINUTES of the Civic Arts Committee Meetings of January 16 and February 20, 1990. Rec: Receive and file. I. LETTER OF RESIGNATION from Ms. Lou Ellen Ficke from the Palm Desert Activities Promotion Committee. Rec: Receive with very sincere regret. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids to Construct a Lane Taper on Hovley Lane East (Contract No. 00-426). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Wheelchair Ramps and Sidewalk Repairs on El Paseo (Contract No. 00-427). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. L. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. 00-368 with Massey Sand 8 Rock Company for Highway 74 Sidewalk Project. Rec: By Minute Motion, ratify the City Manager's approval of the subject change order in the amount of $534.75. M. REQUEST FOR APPROVAL of Agreement with Muni Financial Services, Inc., to Prepare Arbitrage Calculations and Reports for City Bond Issues (Contract No. 00-428). Rec: By Minute Motion: 1) Approve the agreement with Muni Financial Services, Inc. (MFS) to prepare arbitrage calculations and reports for the City's Assessment District (AD) 84-1 refunding bond issue; and 2) Appropriate $4,500 from unobligated general fund reserves to account 110-4150-3091 to cover the City's share of the agreement's cost for the current fiscal year. N. REQUEST FOR APPROPRIATION of Funds for Storm and Nuisance Water Mitigation. Rec: By Minute Motion, authorize the appropriation of $22,000 from the unallocated general fund reserve for the subject project. 0. REQUEST FOR APPROVAL of Agreement with City of Rancho Mirage for Monterey Avenue Improvements Between Magnesia Falls Drive and the Whitewater Flood Control Channel (Contract No. 00-429). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with the City of Rancho Mirage for road improvements on Monterey Avenue between Magnesia Falls Drive and the Whitewater Flood Control Channel in an amount not to exceed $75,000 (Contract No. 00-429). 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 * * * * * * * * * * * * * * * * * * * •* * * P. REQUEST FOR AUTHORIZATION to Purchase Speed Display Device. Rec: By Minute Motion: 1) Authorize staff to purchase a speed display unit with cost not to exceed $4,500; 2) Authorize appropriation of $4,500 from unallocated general fund reserves; and 3) Direct staff to prepare guidelines and procedures under which interested neighborhood associations and concerned area residents can apply for and be given permission to install and maintain the unit in their neighborhoods. Q CONSIDERATION OF REQUEST from Mel Curci for Waiver or Adjustment of Drainage, Signalization, and Fringe Toed Lizard Fees for Palm Lakes Golf Course. Rec: Refer to staff for report and recommendation. R. CONSIDERATION OF REQUEST by City of Agoura Hills for Support of Senate Bill 2067 (Davis) Establishing a Pilot Project to Allow Placement of Freeway Logo Signs for Traveler -Related Businesses Along Route 101 Between Calabasas and the City of Camarillo. Rec: Refer to staff for report and recommendation. S. REQUEST FOR CONSIDERATION of Proposed Riverside County Regional Park District. Rec: By Minute Motion, direct staff to advise Riverside County that the City of Palm Desert cannot support its County -wide regional park district. T. REQUEST FOR APPROVAL of Agreement to Audit the City's Existing Automated Management Information Systems and Update the Management Information Systems Plan (Contract No. 00-430). Rec: By Minute Motion: 1) Authorize the Mayor to enter into an agreement with T. Tamaru, Inc., 8 Associates to perform an audit of existing automated systems which would update the City's management information systems (MIS) needs and develop an updated MIS plan for future years; and 2) Appropriate $14,700 from unobligated general fund reserves to cover the cost of the audit. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 * • • • • • ■ • • • • • f • • • • • • • • • • • • U. CONSIDERATION OF REQUEST from Palm Desert Community Theatre for Donation of Space. Rec: Refer to City Manager for report and recommendation. V. RESOLUTION NO. 90-36 - A Resolution of the City Council of the City of Palm Desert, California, Endorsing and Fully Supporting the Application for a University of California Campus in the Coachella Valley Before the Year 2000. Rec: Waive further reading and adopt. W. RESOLUTION NO. 90-37 - A Resolution of the City Council of the City of Palm Desert, California, in Support of California Clean Air and Transit Initiative Proposition 111 and Bond Measure Proposition 108. Rec: Waive further reading and adopt. X. RESOLUTION NO. 90-38 - A Resolution of the City Council of the City of Palm Desert, California, in Support of H.R. 2437, "The Cable Competition Act". Rec: Waive further reading and adopt. Y. REQUEST FOR CONSIDERATION of Amendment to Art -in -Public - Places Program Manual. Rec: By Minute Motion, amend the subject program by deleting Item 2a under the category of "Other Items for Follow Up". Councilman Kelly asked that Items Q and 5 be removed for separate discussion under the "Consent Items Held Over" portion of the Agenda. Councilman Wilson asked that Items T, V, and X also be held for separate discussion. Upon motion by Wilson, second by Benson, the Consent Calendar, with the exception of Items Q, S, T, V, and X, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • * • • * • • • • • * * * * * • • a • Vll. RESOLUTIONS None VIII. ORDINANCES For Introduction: APRIL 12, 1990 A. ORDINANCE NO. 602 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IMPOSING A MORATORIUM ON ALL PERMITS AND CONSTRUCTION FOR ALL PORTIONS OF THE CITY OF PALM DESERT NOT OTHERWISE COVERED BY A CURRENTLY ADOPTED CITY MASTER DRAINAGE PLAN OR APPROVED DEVELOPMENT AGREEMENT. Mr. Erwin stated that Council, at its last meeting, adopted an ordinance imposing a construction moratorium on portions of the City's North Sphere which were not covered by the City's Master Drainage Plan because they had not been within the City limits when the Plan was adopted. He stated that in addition to the North Sphere, there were other areas of the City which were not covered by the Drainage Plan. The City would potentially be unable to impose any drainage fees on developments in those areas. He recommended the Council adopt Ordinance 602, which would impose a moratorium on those areas of the City not otherwise covered by a currently approved City Master Drainage Plan or approved development agreement. Upon question by Councilmember Benson, Mr. Erwin responded that this would be in effect for a period of 45 days. He added that a public hearing had been scheduled for Thursday, April 26th, for the Council to consider an extension of time for both of these moratoriums. He advised that the time period could be extended up to 10 months and 15 days if the Council so wished. Councilman Wilson moved to waive further reading and adopt Ordinance No. 602, imposing a moratorium on all permits and construction for all portions of the City of Palm Desert not otherwise covered by a currently adopted City Master Drainage Plan or approved development agreement. Motion was seconded by Kelly and carried by unanimous vote of the Council. 6 MINUTES V. REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 600 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26. 24 . 040 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO SUBDIVISIONS. Mr. Altman stated that no changes had been made since Introduction of this ordinance, and he recommended its adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 600. Motion was seconded by Benson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER Q. CONSIDERATION OF REQUEST from Mel Curci for Waiver or Adjustment of Drainage, Signalization, and Fringe Toed Lizard Fees for Palm Lakes Golf Course. Councilman Kelly stated he had asked that this item be removed for separate discussion because he wanted included in the discussion on these fees an arrangement whereby senior and junior golf programs would be provided for the City. Council concurred. Councilman Kelly moved to refer this matter to staff for report and recommendation. Motion was seconded by Wilson and carried by unanimous vote of the Council. S. REQUEST FOR CONSIDERATION of Proposed Riverside County Regional Park District. Councilman Kelly stated this had come up at the CVAG Environmental Committee meeting on Monday. He said it was sent to the TAC Committee for report to the Executive Committee because the members did not understand all of the ramifications involved. He said that instead of directing staff to advise the County of Riverside that the City cannot support its County -wide regional park district, he would prefer that it be held until after CVAG considers it. Councilman Kelly moved to refer this matter to staff to discuss at the CVAG TAC Committee meeting. Motion was seconded by Wilson and carried by unanimous vote of the Council. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING * a • * • • • a • • • • a • APRIL 12, 1990 • • • • • • • • a • • T. REQUEST FOR APPROVAL of Agreement to Audit the City's Existing Automated Management Information Systems and Update the Management Information Systems Plan (Contract No. 00-430). Councilman Wilson stated he had asked this this be held for separate discussion because he had recently learned that the County Schools Office in Riverside had an extensive geobase which they sell to governmental agencies. He said the Riverside County Transportation Commission had purchased the data, and he asked that staff look into the system for the City. Mr. Altman responded that this was the same geobase which the City is currrently using. Councilman Wilson said he also had a question about staff's recommendation to enter into an agreement with the same person who put in the City's original computer system. He asked if there would be any advantage to bidding this out and getting someone new to look into the expansion to see if there are ways to fine tune it. Mr. Altman responded that Mr. Tamaru had background in telephone systems as well as computers and would be looking at the City's communications system. He added that Mr. Tamaru was as sharp a person as could be found in the computer field. Councilman Kelly moved to, by Minute Motion: 1) Authorize the Mayor to enter into an agreement with T. Tamaru, Inc., & Associates to perform an audit of existing automated systems which would update the City's management information systems (MIS) needs and develop an updated MIS plan for future years; and 2) Appropriate $14,700 from unobligated general fund reserves to cover the cost of the audit. Motion was seconded by Benson and carried by unanimous vote of the Council. V. RESOLUTION NO. 90-36 - A Resolution of the City Council of the City of Palm Desert, California, Endorsing and Fully Supporting the Application for a University of California Campus in the Coachella Valley Before the Year 2000. Councilman Wilson stated that the resolution noted a population in the Coachella Valley of 300,000 and asked where that figure had come from. Mr. Altman responded that it came directly from CVAG's Executive Committee. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 : * s * ■ * s s a * * s • s • a ■ : * a s s • Councilman Wilson said he would hate to see the Council pass a resolution with an inflated population figure; he moved to waive further reading and adopt Resolution No. 90-36, subject to the population figure being examined and corrected if necessary. Motion was seconded by Benson and carried by unanimous vote of the Council. X. RESOLUTION NO. 90-38 - A Resolution of the City Council of the City of Palm Desert, California, in Support of H.R. 2437, "The Cable Competition Act". Councilman Wilson stated he would approve this resolution but wished to make the comment that he felt staff had done an outstanding job both in responding to the FCC with its position paper and in providing Council with information on this bill. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-38. Motion was seconded by Kelly and carried by unanimous vote of the Council. X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A REQUEST TO INSTALL AN AWNING (FACING PRESIDENTS PLAZA) ON THE BUILDING AT 73-990 EL PASEO (RON ODEKIRK, APPELLANT). Mr. Diaz reviewed the staff report, noting that the requested awning would be a terra cotta colored, flat awning to be installed over the entry to the westerly most unit. He said the Architectural Review Commission (ARC) felt the awning would cover too much of the marble of the building and was not in keeping with the building's architecture. He added that the appellant was not present at the Commission meeting when the request was denied. Councilman Kelly asked whether there was any consideration for having the awning not come out quite so far. Mr. Diaz responded that the ARC's concern was the addition of the awning and the impact on the entrance. MR. RON ODEKIRK, 75-476 Augusta Drive, Indian Wells, spoke as the owner and developer of Plaza Portola and the Troy Building on El Paseo. He said he had looked for a tenant for over a year before finding Mrs. Linda Klrkendale, an interior designer. He said he had promised her that he would provide an awning for her business that would give more style to the entrance and would give an identity to her store. He felt without approval of the awning, he 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • would lose her as a tenant which would cause a hardship for him because he did not know how long it would be before he could find another suitable tenant. He apologized for not attending the ARC meeting and said he had felt there would not be any problem getting approval. Upon question by Councilman Wilson, Mr. Odekirk responded that the awning contractor had attended the Commission meeting as his representative. Councilman Wilson moved to, by Minute Motion, refer this matter back to the Architectural Review Commission and ask Mr. Odekirk and his architect to appear before the Commission to explain how they were attempting to integrate the awning into the design of the building. Motion died for lack of a second. Mr. Odekirk asked that the Council, instead of referring this to the Architectural Commission, have faith in his judgment and money and not delay him for several more weeks. Councilman Wilson responded that the Council had faith in the judgment of the Architectural Review Commission members and felt they had represented the Council's interests well throughout the years. He said the Council had to take their recommendation into consideration. Upon question by Snyder, Mr. Diaz responded that the next regularly scheduled meeting of the ARC was April 24th. Councilman Kelly said he personally did not have any problem with the awning and felt it would enhance the building. However, the ARC had voted 5-0 against the awning, and he felt this needed to be considered. Councilman Snyder said although he agreed the building was excellent, he felt Mr. Odekirk should have an opportunity to present his case to the ARC. Councilman Kelly suggested that a special meeting of the ARC be scheduled to review this case, with the understanding that if the Commission reverses its denial, the case would not have to come back to Council. MR. PAUL CAMPBELL, owner of Spectacular Shades, spoke as a member of the El Paseo Business Improvement Area Board and stated the Board's opinion was that the awning was well designed, the size was not overwhelming, and the color was compatible with the desert tones of the building. He said 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 * * • • * * * • • • • • • * * • • * * • * * * * * it was hard to believe that the same Architectural Review Commission that would approve a yellow awning on Ocotillo would not approve this awning. Councilmember Benson stated that a study had just been completed and that the ARC had been given direction as far as what the Council was looking for. She said she would not vote in favor of this request without finding out why the Commission took the action it did. MR. WILLIAM KIRKENDALE addressed the Council and spoke in favor of the request. He asked why the ARC had approved other awnings in the area, including one that was neon lit. Councilman Wilson responded that the Council had not been happy with the approved awnings and had asked that the Architectural Review Commission really look at the issue of awnings. He said the Council did not want every business to have an awning and try to outdo everyone else. Councilman Kelly moved to, by Minute Motion, direct staff to schedule a special meeting of the Architectural Review Commission for Tuesday, Apr i l 1 7 , 1990, to review this request due to special circumstances, with the understanding that if the Commission does not reverse its decision and approve the awning, the applicant will have an opportunity to address the Council again. Mr. Diaz stated that he would try to contact the Commissioners to set up this meeting; however, in case it could not be set up for Tuesday, he asked that the motion be amended to schedule the meeting for as soon as possible. Councilman Kelly agreed to the amendment. Motion was seconded by Snyder and carried by a 3-1 vote, with Councilmember Benson voting NO. B. CONSIDERATION OF AN APPEAL OF ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A REQUEST TO INSTALL AN AWNING ON THE BUILDING AT 42-600 COOK STREET (DESERT DESIGN CENTER, APPELLANT). Mr. Diaz reviewed the staff report, noting that the awning as first submitted was more angular_that the amended request. However, the revised awning was also denied by the Architectural Review Commission because the members felt a more permanent structure should be constructed. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 * * * • • * * • * • • * * • • • • • • • • • * * • MR. ERNIE BROOKS, Pines to Palms Canvas, stated that the building was constructed under County standards and that he was trying to solve the problem of heat and sun exposure. He said the awning would reduce the heat by 20% to 25%. Upon question by Councilman Wilson, Mr. Brooks responded that if the Council approved this request, he could have the awning installed within two months. Councilman Kelly stated he felt the proposed awning would be an excellent enhancement to the building and would save a lot of energy in cooling the building. Upon question by Council member Benson, Mr. Brooks responded that the awning would not have back lighting. Councilman Wilson said he understood the recommendation of the Architectural Review Commission that it would be better to have a permanent structure; however, this is not something that could be accomplished before the heat of the summer. He agreed with Councilman Kelly that the purpose of the awning was to conserve energy and cut down on the heat, and he said he would be inclined to support the appeal. Councilman Kelly moved to, by Minute Motion, grant the appeal and approve the request to install an awning on the building at 42-600 Cook Street. Motion was seconded by Wilson and carried by unanimous vote of the Council. Councilman Snyder asked that staff convey to the Architectural Review Commission both Council's justification for approving this request and its appreciation to the Commission members for doing what Council has asked as far as taking a close look at all awning requests. C. REQUEST FOR CONSIDERATION OF EXCLUSIVE RIGHT TO NEGOTIATE WITH WILLIAM SWANK COMPANY RELATIVE TO PROPERTY IN THE NORTH SPHERE BETWEEN COUNTRY CLUB DRIVE AND DINAH SHORE (Contract No. 00-431). Mr. Altman suggested that the Redevelopment Agency Meeting be convened to consider this item as a Joint matter. Vice Chairman Snyder convened the Redevelopment Agency Meeting at 5:00 p.m. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Present: Excused Absence: Member Jean M. Benson Member Richard S. Kelly Member S. Roy Wilson Vice Chairman Walter H. Snyder Chairman Buford A. Crites Mr. Sh i l l cock reviewed the staff report and Summary of "Deal Points" and offered to answer any questions. MR. WILLIAM SWANK, 18231 Irvine Blvd., Tustin, California, gave a brief background of the project and discussed the members of his "team" for this development. He said the target date for the first conceptual plan which would incorporate all elements of the project was 60 days from now. He offered to answer any questions. Councilman/Member Wilson moved to, by Minute Motion, authorize the Mayor and Chairman to execute an agreement with William Swank and Company. Motion was seconded by Kelly and carried by unanimous vote of the Council/Agency Board. D. INFORMATIONAL ITEMS (FOR POTENTIAL ACTION): 1. Palmer CableVision Update. Mr. Ortega reported that staff had filed a Request for Comments with the FCC and would continue to work on this matter. 2. Update on Tri-Cities Sports Facility. Mr. Diaz reported that the Committee had met last week and advised the other cities that the 20 acres had been acquired on Portola Avenue. He said he had asked representatives from Rancho Mirage whether they would reconsider participation as the only method in the formula to divide costs, and they indicated they would. However, he said there seemed to be some cross communication problems because the last he had heard based on negotiations on another item was that they would not be willing to reconsider anything other than participation. He said he had indicated that he could not recommend to the Council that the City spend any more funds than would be necessary to build facilities to take care of Palm Desert's citizens, regardless of the formula. He said he was in the process of getting cost estimates for each ball diamond and would come up with another formula 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • * • • • • • • • • • • • • APRIL 12, 1990 * • * * • • * • * • * which would look at participation, number of housing units, and assessed valuation and dividing it up that way, plus giving the City of Palm Desert credit for the regional facilities it has put in. He said the Committee would be meeting again on April 17th. In the meantime, he said he would proceed with cost estimates to construct two fields, which he said he felt was what was needed to take care of Palm Desert's population. Councilman Kelly asked if this meant that Mr. Diaz was looking at something Palm Desert could do itself in case this process does not move along as quickly as the Council would like, and Mr. Diaz indicated that was correct. 3. Report Relative to Measure "A" Funding. Mr. Altman stated that Council had requested periodic reports relative to Measure "A" funding and that this was just for informational purposes. Councilman Kelly asked that staff also provide information relative to the Transportation Uniform Mitigation Fee. Council concurred 4. Request by South Coast Air Quality Management District to Conduct Short -Term PM-10 Monitoring at Town Center Fire Station. Mr. Altman stated that this was just to let the Council know that the monitoring would be done at the Town Center Fire Station. Councilman Wilson added that the PM-10 Study had been prsented to CVAG's Energy and Environment Committee. He said there was a concern that the two Valley locations (Palm Springs and Indio) might not be giving clear readings of the Cove areas, and this was an attempt to monitor other locations. 5. Golf Cart Legislation. Mr. Altman stated there was a memo in the packets. Councilman Snyder commended everyone who had worked on this issue. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • • • • • • • • • • • 6. Report on Rancho Royale Project. APRIL 12, 1990 Mr. Altman stated that staff had been directed to look at this issue and that Mr. Diaz had provided a report which was in the packets. Upon question by Councilman Wilson as to whether or not CVAG's TAC committee was monitoring this, Mr. Altman responded that CVAG's Executive Committee had looked at it in terms of growth management. He said the next TAC meeting would be a joint meeting with City Managers on the other side of the mountain to begin addressing the issue. Councilman Wilson suggested that Mayor Crites raise this matter at the next Executive Committee for CVAG take a close look since it would have a tremendous impact on the Valley. XI. CONTINUED BUSINESS A. CONSIDERATION OF REQUEST BY NEXUS, THE CONNECTING PLACE, INC., FOR WAIVER OF 1,000 FOOT LOCATION REQUIREMENT FOR INTRODUCTORY SERVICE TO BE LOCATED AT 72-221 HIGHWAY 111, SUITE A-8 (Continued from Meetings of March 8 and March 22, 1990). Mr. Allen stated that Council had continued this matter because it was waiting for the police report, which was now included in the packets. He reviewed the report, noting that the Sheriff's Department had indicated it saw no reason to deny the request but recommending that a background check be conducted on the owners and local operator. Upon question by Councilman Wilson, Mr. Erwin responded that if Council wished to approve this request, the motion should be to waive the 1,000 foot requirement for the location of this introductory service. MR. ALAN MITCHELL stated that because of the time involved in getting this matter approved, it might no longer be possible for them to lease the offices at the requested location. He asked if Council could give a blanket waiver of the 1,000 foot location requirement. He also asked whether the $500 fee could be waived. Upon question by Councilman Wilson, Mr. Allen responded that the $500 fee was the amount charged for massage, 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 * ■ * * • * * * f * • 1 * * * • * * • * • i escort, or introductory services. He said if this fee was waived, the business would still be charged the normal permit fee for a business within the City. Councilman Wilson asked if a motion could be made to waive the 1,000 foot requirement for establishment of a video dating service in Palm Desert. Mr. Erwin suggested that the approval be tied specifically to this one business. Councilman Wilson moved to, by Minute Motion: 1) Waive the 1,000 foot location requirement for Nexus, The Connecting Place, in the City of Palm Desert; and 2) Waive the $500 fee that is normally charged for massage parlors, escort services, and introductory services. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF UNIFORMS FOR CITY CODE COMPLIANCE OFFICERS (Continued from Meeting of March 22, 1990). Mr. Altman stated that staff was withdrawing this request and that no action by the Council was necessary. Councilman Wilson stated that Council had asked for specific information relative to using shirts and/or caps with the City's logo to identify the Code Compliance Officers. Mr. Allen responded that he had discussed this with his staff, and they really would prefer to have uniforms as opposed to only shirts and caps. No Council action was taken on this matter. C. REQUEST FOR APPROVAL of San Pascual Avenue/Fred Waring Drive Intersection Improvement Plan (Continued from Meeting of March 22, 1990). Mr. Folkers reviewed the staff report and offered to answer any questions. He said the recommendation was to proceed with the installation of the channelization at Fred Waring Drive and San Pascual and report back to the residents with alternatives staff feels will mitigate concerns they have expressed. Councilman Wilson moved to, by Minute Motion, concur with staff's recommendations as outlined in the report dated April 12, 1990. Motion was seconded by Benson and carried by unanimous vote of the Council. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • • a • • • • • • • • • • • • • • • • • * • • • • XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF COLLEGE LIBRARY PROPOSAL. Mr. Diaz reviewed the staff report, noting that copies had been sent to College of the Desert, the Riverside City/County Librarian, and to Karol Schoen, the City's representative to the Riverside County Library Committee. He also noted that Ms. Barbara Bowie from the Riverside City/County Library was available to answer any questions. Councilman Wilson said he felt the report was very helpful, and he commended the County for doing an outstanding job of providing a detailed list of what they provide and what they see providing in the future. He asked what the reaction was from College of the Desert when this was discussed with them. Mr. Diaz responded that he had not discussed this with them and had only sent them a copy of the report. Councilman Wilson said he felt once the information was received, staff should have contacted the College, indicated what was being offered, and asked what they had to say about it. He said the way he read the report, he felt staff had basically made a decision and then justified that decision. He said he thought the Council had asked for a thorough study, and this would have meant having some dialogue with all parties involved. Mr. Diaz responded that the first time this was discussed was when the proposal was received from the College asking that the City abandon its contract with the County and contract with the College instead. He said the County representatives were not present at that meeting. He added that the result of the meeting was that the City would continue with the public library and have the County and the College continue to work to see what could be done. He said he did not receive Attachment 1 of the staff report until five or six weeks after the meeting. Councilman Wilson said as he understood it, the result of the meeting was that the City would go ahead as planned with the County and that the grant application would be submitted. He said he was the one who had asked that staff do a thorough analysis of the proposal presented by the College, and he had expected more than just a justification as to why the City should not do it. He said he felt staff had an excellent start with the County 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • • • • • • • • • • • • • • • • • • • • • • • * • material but would like to see some dialogue with the College. MS. BARBARA BOWIE from the Riverside County Library and Desert Regional Library pointed out that on a number of occasions, the County Library had approached the College and asked them to sit down and discuss a Memorandum of Understanding, and at no time could a date be set that was agreeable to everyone. She said there were further communications from the Library Director Linda Wood asking for a specific date, and no response was received. Councilman Wilson stated that he felt the County had done its job and provided excellent detailed information; however, he felt staff had failed to sit down and present the County proposal to the College. He said courtesy of dialogue was lacking in the report, not between the County and the College, but between the City and the College. Mr. Altman stated that he had tried to meet with the College Board of Trustees. He said the Board specifically directed the College President a year ago to make land available so that the City could proceed with a library of its own, and the College could add onto it at a later time. Councilman Wilson moved to continue this item for two weeks and ask that staff sit down with representatives from the College and present the County's proposal, noting the City's feeling that it would be far better off with the offerings of the County than with the College's offer. Motion died for lack of a second. Councilman Snyder commended the County for its efforts in working on this issue. Councilman Kelly stated that in the two or more years that the City has been discussing this issue with the College, he had never seen any indication of getting anywhere with them. He said the City had a proven provider of library services with the County, and he agreed with staff's recommendation. Councilmember Benson agreed with Kelly. She said staff's recommendation was to continue working with the College anyway and if something comes up, staff and the Council could consider it at that time. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Kelly moved to, by Minute Motion: 1) Direct staff to continue the City's current contract with the Riverside City/County Library System; 2) Direct staff to proceed with the development of a public library as identified on its grant application on the Civic Center Site and that energy be directed to its ultimate development; and 3) Direct staff to continue the cooperation between the College and Public Library. Motion was seconded by Benson. Councilman Wilson stated that his only reason for the continuance was because there is a gentlemen on the Board of the College who is supposed to be a library expert. He said he had not yet met this person but felt it would be a courtesy to ask for his response. Councilman Snyder called for the vote. Motion carried by a 3-1 vote, with Councilman Wilson voting NO. B. UPDATE ON STAFF INVESTIGATION OF COLLEGE OF THE DESERT STREET FAIR. Mr. Altman noted that there was a memo in the packets and offered to answer any questions. Councilmember Benson moved to, by Minute Motion, direct staff to continue efforts and report back when completed. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Resolution in Support of the Roberti Housing and Homelessness Bond Act of 1990 and the California Right to Housing Campaign. Councilmember Benson stated that the Housing Committee of CVAG had asked that cities adopt this resolution. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson asked whether this had been - through the Executive Committee. Mr. Altman responded that the Committee would be meeting on April I3th. Councilmember Benson moved to waive further reading and adopt Resolution No. 90-43, subject to approval by the CVAG Executive Committee. Motion was seconded by Wilson and carried by unanimous vote of the Council. o City Council Committee Reports: 1. Councilman Snyder stated that he, Councilman Kelly, Mr. Folkers, and Emergency Services Coordinator Ken Weller had recently gone through training at the Fire Department. Councilman Kelly added that the Fire Department personnel were very successful if they were trying to demonstrate how hard they work and the fact they they really earn their money. He said just putting on the outfits and carrying the air tanks was difficult. XIV. ORAL COMMUNICATIONS - B None Mayor Pro-Tem Snyder recessed the meeting for dinner at 6:00 p.m. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. TOM FREEMAN addressed the Council and stated he was from the Riverside County Fire Department and was the new Emergency Services Coordinator for the five contract cities in the Coachella Valley. He said he had spoken with Mr. Altman relative to bringing the Riverside County Fire Department's Mobile Emergency Operations Center to City Hall prior to the next Council meeting. Council concurred. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT OF CITY REPRESENTATIVE TO SENIOR CENTER BOARD. Councilman Snyder asked that this appointment be continued to the next meeting. Councilman Wilson moved to, by Minute Motion, continue this appointment to the meeting of April 26, 1990. Motion was seconded by Benson and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF SOUTH SIDE HOVLEY LANE EAST ORDINANCE 416 STREET CONSTRUCTION. Mr. Folkers reviewed the staff report, noting that there would be two lanes from Portola eastward to connect with the existing widening at Corporate Way. He said this project was the first step in the ultimate widening, and it was staff's understanding that according to the development agreements, once either the eastbound lanes are in or the Butler project goes in, Marriott would be required to proceed with the westbound lanes. He said no letters of opposition had been received; however, a letter was received by Mr. McDonald asking 13 questions regarding this project (on file and of record in the City Clerk's Office). He reviewed the letter and stated that he had spoken with Mr. McDonald prior to the meeting and answered his questions. Mayor Pro-Tem Snyder declared the public hearing open and invited testimony in FAVOR of this request. MR. PETER LaTOURETTE, 42-745 Desert Flower, Palm Desert, spoke as a representative of Mr. Butler and in favor of this project. However, he expressed concern with the drainage from his project once the street is developed. He said he would like to see the curbs and gutters and drainage extended all the way to Portola so that they could drain there at a later date. MR. F. X. McDONALD, 1900 East Ocean Blvd., Long Beach, stated he would cooperate in any way possible and was very much in favor of this project. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • • • • • • • • • • • • • • • • • • • • • •• • • • Mayor Pro-Tem Snyder invited testimony in OPPOSITION to this. request. None was offered. He declared the public hearing closed. Councilman Kelly asked whether the Marriott would be putting in the westbound lanes at the same time the City constructs the eastbound ones. He said he felt every effort should be made to encourage them to do so. Mr. Folkers responded that staff was continuing to work with Marriott officials in this regard. Mr. Erwin added that one of the conditions imposed as part of the subdivision approval was that the Marriott would begin the process of constructing the street on the earlier of either development of their project or development of the south half of the street. He said that if the Council approves staff's recommendation for this project, Marriott should be given direction to proceed. Councilman Wilson asked whether staff had discussed with the Marriott people the possibility of them moving forward, with the City putting up half the cost of doing the four -lane road, since private development projects tend to move faster and more inexpensively than government Public Works projects. Mr. Folkers responded that staff had discussed this possibility with them but understood that they did not want to proceed in this manner. However, he said he would talk to them again if Council so wished. Mr. Altman added that staff would talk to them and coordinate the project with them. Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 90-39 enabling the City to proceed with Ordinance 416 construction of street improvements on the south side of Hovley Lane East between Corporate Way and Portola Avenue; 2) By Minute Motion, a) Authorize the City Clerk to call for bids for the construction of the subject project; and b) Authorize the appropriation of $250,000 from the unallocated Ordinance 416 reserve to the project budget; and 3) By Minute Motion, direct staff to meet with officials from the Marriott in an attempt to coordinate the ultimate improvement of the entire area to four lanes. Motion was seconded by Kelly and carried by unanimous vote of the Council. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 B. REQUEST FOR APPROVAL OF STREET NAME CHANGE FOR A SECTION OF HIGHWAY 74 FRONTAGE ROAD. Mr. Folkers reviewed the staff report, noting that this was for the purpose of better identifying the street for addressing and emergency services. Mayor Pro-Tem Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. He declared the public hearing closed. Councilmember Benson moved to waive further reading and adopt Resolution No. 90-40 approving a street name change for a section of Highway 74 frontage road to Vista Viejo Drive. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. REQUEST FOR CONSIDERATION OF THE REGULATING OF TAXICAB TRANSPORTATION IN THE CITY. Mr. Allen reviewed the staff report, noting that at the last City Council meeting, Mayor Crites had made a report relative to a meeting with the Public Utilities Commission (PUC) wherein the City was advised that if it did not adopt an ordinance regulating taxicabs in Palm Desert, the PUC would terminate all such cab services. He reviewed the proposed ordinance and resolution and offered to answer any questions. Upon question by Councilman Wilson, Mr. Allen responded that the resolution did not include charges for waiting or traffic delay time because he was concerned there might be some drivers who would abuse this provision by taking longer routes or looking for delays, thus adding to the charges to passengers. Councilman Kelly stated that although he agreed there should not be a charge if the driver is unable to get passengers to their destination because of traffic, he felt it would be unfair not to charge if passengers hire a cab and then ask the driver to wait while they go into a store, etc. Mayor Pro-Tem Snyder declared the public hearing open_ and invited testimony in FAVOR of this matter. MR. WILLIAM MEYERS, A -Valley Cabousine, said he was in favor of regulating taxicabs but did not think the City should be regulating the rates charged. He said the proposed rates listed in the resolution were lower than he 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 . . . . * * . . * * . . . * . . * . . . . . * * * currrently charged, and he felt rates should be determined by competition. MR. JOHN REICHLE, Manager of Desert Cab, agreed with the regulation of taxicabs but asked that the provision for waiting and delay time be added to the resolution. He said his firm was in the process of requesting a rate adjustment with the City of Palm Springs and would be requesting a similar increase in rates in Palm Desert if the Council passed this ordinance and resolution. He added that in the ten years his company had been in business in the Valley, they had never had any complaints about charging for waiting time, and he felt it was a valid charge. Mayor Pro-Tem Snyder invited testimony in OPPOSITION to this matter, and none as offered. Councilman Wilson asked how much of an increase Desert Cab was requesting from the City of Palm Springs. Mr. Reichel responded that they had just begun the paperwork and he did not know the specific amount at this time. MR. DANIEL BARNES, 41-613 Aventine Court, Palm Desert, addressed the Council and asked who would be responsible for seeing that the regulations are followed. Councilman Wilson responded that it would be the responsiblity of the City's Code Compliance Department as well as the Sheriff's Department to enforce the regulations. Mayor Pro-Tem Snyder declared the public hearing closed. Councilman Wilson moved to: 1) Waive further reading and pass Ordinance No. 603 to second reading, adding Chapter 5.98 to Title 5 of the Palm Desert Municipal Code regulating taxicabs; 2) Waive further reading and adopt Resolution No. 90-41, regulating taxicab rates and setting the operator's permit fee; and 3) By Minute Motion, direct the Director of Code Compliance to pro -rate fees for the original permit for taxicab operators currently holding a valid business license tax certificate, which would result in the permit and license tax certificate expiring on the same date. Mr. Erwin stated that because the first paragraph of the staff report states the PUC will take action to terminate taxicab transportation in the City unless an ordinance is adopted to regulate same, he would suggest that the Council adopt the ordinance as an urgency matter to be 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • • * # * * s • * * * t • s * * * * • * * * * ; • effective immediately. He added that it would take a unanimous vote of the Council to do so. Councilman Wilson amended his motion to adopt Ordinance No. 603 as an urgency measure. Motion was seconded by Kelly and carried by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF AN AMENDMENT TO CHAPTER 25.16.030 OF THE PALM DESERT ZONING ORDINANCE TO ALLOW COMMERCIAL PARKING LOTS AS A CONDITIONAL USE WITHIN THE R-1 ZONE WHEN ADJACENT TO GENERAL COMMERCIAL ZONES AND CONSISTENT WITH RECOMMENDATIONS OF A SPECIFIC PLAN, CASE NO. ZOA 90-1. NOTE: The City Council considered Public Hearings 0 and E at the same time. See notes under Public Hearing E. E. REQUEST FOR CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, PRECISE PLAN, AND CONDITIONAL USE PERMIT FOR A 10,000 SQUARE FOOT OFFICE BUILDING AND ASSOCIATED PARKING LOT AND GREENBELT TO BE LOCATED AT 73- 330 HIGHWAY 1I1 AND 44-885 SAN BENITO CIRCLE (KENNETH COKELEY, APPLICANT), CASE NO. PP/CUP 90-1. Mr. Drell asked that Public Hearings D and E be considered at the same time. He reviewed the staff reports and showed a video of the area, noting that the applicant was requesting approval to construct a 30 foot building with two stories over underground parking. He stated that the Planning Commission had determined that the overall design of the building was high quality and would create a significant incentive for improvements to other properties in the area. He reviewed a letter of support received from Dr. Jerry Meintz, PhD, owner of the building directly to the west of Mr. Cokeley's building (on file and of record in the City Clerk's Office). Upon question by Councilman Wilson, Mr. Drell responded that most of the two-story buildings on El Paseo were 30 feet high. Mayor Pro-Tem Snyder expressed concern with Planning Commission's recommended approval of a three-story building when Council had several times in the past given 'direction to the Commission that there be no three-story buildings in the City. Mayor Pro-Tem Snyder declared the public hearing open and invited testimony in FAVOR of this request. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • a t • • • • • • • • • a • • • a a • a a a • • • MR. KENNETH COKELEY, 38-043 Crocus, Palm Desert, agreed with Mr. Drell's report and offered to answer any questions. He said that four of the adjacent.property owners were present at this meeting, most in support of the project. He said although his building would be three stories, it was only 30 feet high and was within the allowable height for the zoning. He added that he was working with the property owners on both sides to blend all three properties together and make something really nice. DR. JERRY MEINTZ, 71-450 Painted Canyon, Palm Desert, stated he owned one of the properties adjacent to the proposed project. He said although he was opposed to high rise buildings, his main concern was not how many stories, but rather the overall building height and the aesthetic value provided by the building to both the City as a whole and to adjacent property owners. He said he intended to renovate his own building to blend with Mr. Cokeley's. MR. JEFF BANCROFT, 44-871 San Benito, spoke in favor of the project and felt it was a big improvement over what is currently there. MRS. JOSEPHINE KIRKPATRiCK, stated she was also an adjacent property owner and was also planning to renovate her office building to match Mr. Cokeley's building with the Sante Fe design. She said she felt the project would be fantastic. Mayor Pro-Tem Snyder invited testimony in OPPOSITION to this request. MRS. DONNA MATSON, 73-341 San Benito, said her property was on the east side of the proposed parking lot. She expressed concern that, if approved, all conditions of approval be enforced. She was also concerned with the height of the building and suggested that the developer go subterranean five feet, which would make the overall height of the building five feet lower and more in conformance with other buildings in the area. She added that the greenbelt was shown as being 32 feet in one part of Resolution No. 90-42 and 30 feet in another section. She said she would prefer the following: That the greenbelt be 32 feet, that the wall be made of slump stone, that the trees be 15-gallon minimum, and that the current palm and mesquite trees on the west side be saved. She added that she had a large oleander hedge which she would also like to see saved. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 . . . . . . . . . . . . . . * . . . . . . . . . . Mr. Drell responded that under the new City ordinance, all trees must be minimum 24-inch boxes. In addition, there must be one tree for every three parking spaces. He said the greenbelt was initially 32 feet, which resulted in one parking space being right up against the wall. He said he had recommended that the applicant decrease the greenbelt to 30 feet and increase that rear parking space from nine feet to eleven feet to allow people to get in and out of it more easily. As far as the existing trees, he said he believed the large palm trees were within the 30 feet and would not have to be relocated, but he was not sure whether it would be possible to save the mesquite. As far as the oleander hedge, he said it was possible to save it if it was planted on her property. He said the wall would be decorative block material, either slump stone or stucco block. Councilman Kelly questioned the matter of recycling and trash pick-up. Mr. Drell responded that there was one trash bin which was almost the entire length of one parking space. Mr. Diaz stated that a condition could be added that the applicant's development of a commercial recycling program be reviewed and approved by the Environmental Conservation Manager. Upon question by Snyder, Mr. Cokeley stated he had tried to lower the building, but the costs would make the project unfeasible. He added that the building was already five feet below Highway 111, and there would not be any negative effect once it is tied in with the two adjacent buildings. Mayor Pro-Tem Snyder declared the public hearing closed. Councilman Wilson said he had mixed emotions about this project because his initial reaction to the three story element was negative. He commended the person who prepared the video and said he felt it was well done and showed a very deteriorated section of the City which had been a concern of many for a long time. He said he was swayed by testimony from owners of the two adlac.nt buildings indicating they would also like to upgrade in a similar manner. He said that overall he would Support the project as a way of upgrading the area and felt it might also encourage other property owners in the area to ,Jo similar improvements. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 • . • s s : : * s • • s : • ; • . : : : w : : * Councilman Kelly agreed and said he was impressed by the project even though it was three stories because the first floor was almost all parking, and the other levels had open space. He said he would favor the project. Councilmember Benson stated the only thing she would not l i ke would be for the building to be a three story, straight up and down building. As long as it tiers back, she said she could see how it would improve the area. Councilman Wilson moved to: 1) Waive further reading and pass Ordinance No. 604 to second reading; 2) Waive further reading and adopt Resolution No. 90-42, approving a Negative Declaration of Environmental Impact, Precise Plan, and Conditional Use Permit, PP/CUP 90-1, subject to conditions, including proper recycling bins, with specific note to Planning and Building Departments that concerns raised in the testimony above be reviewed and enforced to be sure they are implemented. Motion was seconded by Kelly and carried by unanimous vote of the Council. XiX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT The Redevelopment Agency Meeting was reconvened at 8:55 p.m. REQUEST FOR APPROVAL OF OWNER PARTICIPATION AGREEMENT FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS AT NORTHEAST CORNER OF HIGHWAY 111 AND PORTOLA AVENUE (CONTRACT NO. RD-433). Mr. Ortega reviewed the staff report, noting that the City's Traffic Engineer had been asked to look at the project and cost breakdown and make recommendations based on existing traffic and additional impacts that would be created by this project. MR. SEYED SAFAVIAN, Traffic Engineer, reviewed the project in terms of traffic and offered to answer any questions. MR. RICHARD OLIPHANT, 77-900 Avenue of the States, Palm Desert, addressed the Board and said he felt staff had done an excellent job on this project. He said an issue which had come up since the last meeting was a conflict with the undergrounding of the electrical. He said the City had an undergrounding district adjoining his property and that he would be undergrounding his electrical up to the City's district; however, there w _ e several matters 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 12, 1990 s s s s • s s a s * * s s ; ■ . s s s • . * f a a of coordination, such as the vaults, pole removal, light removal, etc. He felt it might be advantageous to add to the owner participation agreement the annexing of his property into the district so that all the undergrounding is done as one program, and he said he would pay his fair share of the cost. Mr. Erwin stated that such undergrounding was a City function as opposed to a Redevelopment Agency function. He said because the City Council was still in session, staff could be directed to take steps to accomplish such coordination of undergrounding. Member Benson suggested continuing this item to the next meeting inasmuch as Chairman Crites had expressed concern with the project. Mr. Ortega responded that Chairman Crites' concern was with the total square footage. He said that at the Board's direction, staff had discussed with the developer whether it would be feasible for him to reduce the square footage of the buildings. His response was that just to do the level of public improvements he is committed to do requires the amount of footage being proposed. Member Kelly stated he felt it was important for the Board to make a decision on this project now. Member Wilson agreed with Kelly and said although Chairman Crites was concerned with the size of the building, he was also concerned with. the timetable and getting the project done in order to free up the intersection. Member Kelly moved to, by Minute Motion, authorize the Chairman to execute an owner participation agreement for the construction of public improvements at the northeast corner of Highway 111 and Portola Avenue. Motion was seconded by Wilson and carried by unanimous vote of the Agency Board. Councilman Wilson moved to, by Minute Motion, direct staff to bring back a report relative to merging the City's undergrounding district with the undergrounding for this project. Motion was seconded by Kelly and carried by unanimous vote of the Council. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRII 12, 1990 a * * * * * s s s * ■ * * . • * ■ * s • * * * s * Upon motion by Wilson, second by Kelly, and unanimous vote of the City Council, Mayor Pro-Tem Snyder adjourned the meeting at 9:15 p.m. ATTEST: MARY P. FlIA IER, DEPUTY CI CLERK CITY OF PA DESERT, CALIFORNIA WALTER H. SNYDER MAYOR PRO-TEMPORE 30