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HomeMy WebLinkAbout1991-02-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 14, 1991 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Walter H. Snyder convened the meeting at 4:05 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Walter H. Snyder III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson (arrived at 4:20 p.m.) Councilman Buford A. Crites 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.I.O. Carlos L. Ortega, ACM/RDA Executive Director Paul Shillcock, ACM/Director of Economic Development Richard S. Folkers, Director of Public Works/ACM Ramon A. Diaz, ACM/Director of Community Development/Planning Pat Conlon, Director of Building & Safety Frank Allen, Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 24, 1991. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0107. Rec: Approve as presented. C. RESOLUTION NO. 91-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. D. LETTER OF RESIGNATION from Tyler R. Ryder from His Position on the El Paseo Improvement Area Board. Rec: Receive with sincere regret. E. REOUEST FOR RATIFICATION of Contract No. 00-509 with Culbertson, Adams & Associates for the Preparation of an Environmental Impact Report for the Altamira Project. Rec: By Minute Motion, approve the request and ratify the award of Contract No. 00-509 to Culbertson, Adams & Associates in the amount of $118,910.00. F. REOUEST FOR CONSIDERATION of Amendment to Resolution No. 74-39 to Include Fees for Department of Fish and Game for Review of CEQA Documents. Rec: Waive further reading and adopt Resolution No. 91-20, amending Resolution No. 74-39. G. REOUEST FOR APPROVAL of Contract No. 00--35fi 00-518 for Design of the Corporation Yard. Rec: By Minute Motion, approve Contract No. 00-518 to Interactive Design Corporation in the amount of $243,800 plus a 10% contingency of $24,380. H. REOUEST FOR AWARD OF CONTRACT No. 00-491 for Engineering Services for Superblock III (Eastbound Highway 111 between Highway 74 and Lupine Lane). Rec: By Minute Motion, award Contract No. 00-491 to Kicak & Associates for engineering services for the subject project in the amount of $53,400p1us a 10% contingency of $5,340. 2 MINUTES REGULAR PALM DES[ CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR AWARD OF CONTRACT NO. 00-451 for the Crack Filling Program to Griffith Company. Rec: By Minute Motion, award Contract No. 00-451 to Griffith Company, low bidder, in the amount of $76,050 plus a 10% contingency in the amount of $7,605. J. RESOLUTION NO. 91-12 - A Resolution of the City Council of the City of Palm Desert, California, Rescinding Resolution No. 90-58 By Adopting A New Statement of Organization, Objectives, And Responsibilities For The Activities Promotion Committee And Changing The Name Of Same To The Palm Desert Promotion Committee. Rec: Waive further reading and adopt. K. REOUEST FOR APPROVAL of Grapevine Street Signage Modifications. Rec: By Minute Motion, authorize staff to implement the following modifications on Grapevine Street: 1) Post "No Through Commercial Vehicles" signs at each end of Grapevine Street; 2) Install stop signs on Grapevine Street at Desert Lily Drive for a 4-way stop intersection. L. REOUEST FOR APPROVAL of Reimbursement Agreement No. 00-511 for Villas at Desert Falls (Tract No. 22690). Rec: By Minute Motion, approve the agreement and authorize the Mayor to execute and direct the City Clerk to record same. M. REOUEST FOR RELEASE OF SUBDIVISION IMPROVEMENT SECURITIES for Tract 24254-1. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subdivision improvement securities for this project. N. REOUEST FOR APPROVAL OF CONTRACT NO. 00-512 with Geotechnical Services for Palm Desert Corporation Yard Facilities. Rec: By Minute Motion, approve Contract No. 00-512 with Geotechnical Services in an amount not to exceed $11,000.00 for site soil survey. O. REOIIEST FOR APPROVAL OF CONTRACT NO. 00-513 for Civic Center Park Lagoon Water Quality Management. Rec: By Minute Motion: 1) Authorize the Mayor to execute Contract No. 00-513 with Southwest Aquatics in the amount of $16,080for the initiation and ongoing lagoon water quality management; 2) Appropriate $7,080 from the Unallocated General Fund Reserve. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REOUEST FOR APPROVAL of Coachella Valley Bikeway Signage. Rec: By Minute Motion, approve the proposed signage for the Coachella Valley Bikeway. REOUEST FOR APPROVAL of Contract No. 00-514 with Geotechnical Services for the Palm Desert Library Site. Rec: By Minute Motion, approve Contract No. 00-514 in an amount not to exceed $11,000.00for site soil survey. R. REOUEST FOR APPROVAL of El Paseo Median Modifications West of Highway 74. Q. Rec: By Minute Motion: 1) Approve the median modification plan; 2) Authorize staff to proceed with requests for proposals for the subject work. Councilman Wilson removed Items E, P, and Q, and Councilman Crites removed Item G for discussion under Section IX, Consent Items Held Over. Upon motion by Crites, second by Wilson, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 91-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 90-83 BY AUTHORIZING ONE NEW CLASSIFICATION TO THE AUTHORIZED POSITIONS. Mr. Altman noted a staff report from Larry McAllister, Director of Human Resources, had been included in the packets. He recommended adoption of the resolution. Upon question by Councilman Wilson relative to the starting salary, which he felt was quite high, Mr. McAllister responded that a salary survey had been conducted of positions comparable to the Maintenance Services Manager; the salary recommended in the resolution was the average of those comparable positions. Councilman Wilson asked why cities chosen included Walnut Creek and Carlsbad as comparable out of the area cities when they had a much higher cost of living than Palm Desert. 4 MINUTES REGULAR PALM DESF CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * * * * * * Mr. Altman responded that the cities used were the ones recommended by the salary survey consultant several years ago and were the same ones used for the annual surveys. Councilman Kelly said it was his understanding that this was not adding anyone and was merely filling a vacancy, and Mr. Altman confirmed this. Councilman Wilson said he felt the salary was too high for a starting position and, therefore, would vote no. Mr. McAllister explained that the salary shown in the staff report was not the starting salary; it was the fifth (or "E") step. He added that the person would be hired at the "A" step ($3,366 per month) or the "B" step. Upon motion by Kelly, second by Crites, Resolution No. 91-13 was adopted by unanimous vote of the Councilmembers. VIII. ORDINANCES For Introduction: None For Adoption: None IX. CONSENT ITEMS HELD OVER E. REOUEST FOR RATIFICATION of Contract No. 00-509 with Culbertson, Adams & Associates for the Preparation of an Environmental Impact Report for the Altamira Project. Councilman Wilson asked whether there had been any kind of courtesy review of this contract and firm by the Big Horn Institute and the Altamira representatives. Mr. Erwin responded that he had not had any specific discussions with the Big Horn Institute but had spoken with the developer. He reviewed his memorandum dated February 1, 1991, noting that this firm had been determined to be the best for the project. He asked that Council ratify the City Manager's execution of the contract. He added that since the contract had been in place, the consultant had been in contact with the Big Horn Institute a number of times, and he had not received any feedback from that organization. Mr. Diaz added that the scoping meeting had taken place the previous Wednesday, and all representatives, including those from the Big Horn Institute and Altamira, were there to outline what they wanted addressed by the Environmental Impact Report. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to, by Minute Motion, approve the request and ratify the award of Contract No. 00-509 to Culbertson, Adams & Associates in the amount of $118,910.00.Councilman Kelly seconded the motion, and it carried by unanimous vote. G. REOUEST FOR APPROVAL of Contract No. 00-356 for Design of the Corporation Yard. Councilman Crites asked if staff would be looking at some way to integrate a public art component for the corporate yard. Mr. Folkers responded that it was already underway. Councilman Crites moved to, by Minute Motion, approve Contract No. 00-356 to Interactive Design Corporation in the amount of $243,800p1us a 10% contingency of $24,380. Councilman Wilson seconded the motion, and it carried by unanimous vote. P. REOUEST FOR APPROVAL of Coachella Valley Bikeway Signage. Councilman Wilson said he felt this was a good idea. However, he said he had recently seen the new brown "Cahuilla Hills Park" signs at various locations around the City and felt they were very attractive. He suggested that the bikeway signs throughout the City also be brown in color. Mayor Snyder agreed but said that CVAG had taken on the responsibility of making the bikeway program Valleywide. In addition, because State funding was being applied for, the plans and designs had to be submitted, and the State would decide what changes if any needed to be made. He said it was his understanding that if the City of Palm Desert wanted to change the signs, it would have to pay for them. Councilman Crites suggested instructing staff to investigate what the cost would be for the City to have brown signs. Councilman Wilson moved to, by Minute Motion, approve the proposed signage for the Coachella Valley Bikeway amended to direct staff to investigate the cost of our choosing brown signs instead of blue. Councilman Crites seconded the motion, and it carried by unanimous vote. Q. REOUEST FOR APPROVAL of Contract No. 00-514 with Geotechnical Services for the Palm Desert Library Site. Councilman Wilson stated that the staff report recommended using this firm because it had performed previous investigations at the Civic Center site. He questioned whether information on the previous soils analysis would be available to other firms if this contract were put out to bid. 6 MINUTES REGULAR PALM DES1 ' CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * -* * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman stated that competitive bidding is not usually done for professional services. Mr. Folkers added that this contract was in fact negotiated, and staff felt it was competitive and reasonable for the work involved. Councilman Wilson moved to, by Minute Motion, approve Contract No. 00-514 in an amount not to exceed $11,000.00for site soil survey. Councilman Kelly seconded the motion, and it carried by unanimous vote of the Council. X. NEW BUSINESS A. DISCUSSION OF DIRECTION REGARDING SISTER CITY ART EXCHANGE. Mr. Altman noted that staff was asking for Council's concurrence with the direction being taken. He added that Public Art Coordinator Catherine Sass was available to answer any questions. Upon motion by Crites, second by Kelly, the memorandum and its recommendations dated February 14, 1991, was accepted by unanimous vote of the Council. B. REOUEST FOR APPROVAL OF PROPOSED PUBLIC ART FOR WASHINGTON ELEMENTARY SCHOOL. Mr. Altman noted there was a memorandum in the packets from Catherine Sass. He said staffs recommendation was to approve the commission of the artwork and appropriate funds for same. Councilman Kelly moved to, by Minute Motion, approve the commission of Artist Raymond Hunter to fabricate and install the artwork known as "Desert Road" at the Washington Elementary School site in an amount of $151, 800 plus a 10% contingency of $15,180. Councilman Wilson seconded the motion, and it carried by unanimous vote. C. REOUEST FOR APPROVAL OF AN EMPLOYEE ASSISTANCE PROGRAM. Mr. Altman noted that Human Resources Director Larry McAllister and a representative from Alternative Action EAP were available to answer any questions. He added that management and employees were in favor of this program. Councilman Wilson said he felt this was a great idea and that the program looked like a good one. He asked if the City should go out with RFP's because of all the professional people in the Valley who might do this sort of program. Mr. McAllister said that he had already investigated this matter. He said Mr. Bob Bruner of Alternative Action EAP was currently providing this service to all of Riverside County, including police and fire, and was the only one in our area with the expertise to provide counselors, etc. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. BOB BRUNER addressed the Council and briefly explained the program, noting that his firm currently had the Desert Sun and several other cities under contract and at one time had the entire Riverside County EAP program. He added that the firm had recently been selected by the County of San Bernardino to do all of the small businesses in that county. He noted that referrals were made to local businesses and that they had gotten reduced costs in some areas. Councilman Kelly moved to waive further reading and adopt Resolution No. 91-14, authorizing and agreeing to allow alternative action-EAP to provide employee assistance services for employees of the City of Palm Desert. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Council. D. CONSIDERATION OF STUDY BY M.I.S RELATIVE TO THE CITY'S COMPUTER PROGRAM. Mr. Altman briefly reviewed the background of this matter, noting that Mr. Tug Tamaru was available to answer any questions. Mr. Tamaru reviewed the Management Information Study (MIS) performed by his organization (on file and of record in the City Clerk's Office). Upon question by Councilmembers Benson and Crites regarding whether shifting host computers would add to the cost of the proposal, Mr. Tamaru said it would not really be affected and that most of the vendors were pretty competitive. Mr. Altman added that RFP's would be sent out and the cost benefit analyzed as to whether or not we should stay with what we have. Mr. Tamaru stated that the cost proposal of $395,000included all the hardware, software, training, etc. He said it was very comprehensive. Councilman Kelly asked for clarification of the costs because one page showed $395,000, and the next page showed Years 1, 2, and 3, with a bottom line cost of $525,000. Mr. Tamaru responded that the $395,000 was a one-time cost over a three-year period. He said the additional figures were for maintenance costs. Upon question by Councilman Kelly, he stated that the base unit and most of the terminals would be new; however, the same software would be used. Councilman Crites asked whether the Formalized Monthly Activity Report described in the study would be significantly different from what we have now and what it would focus on. Mr. Altman said it would be a project oriented activity report and used for tracking activities such as the YMCA. 8 MINUTES REGULAR PALM DESE CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * - * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson asked what the ramifications would be if implementation of the upgrading were delayed and what would happen to business as usual. Mr. Tamaru responded that he felt one of the priorities was to upgrade the host computer because it was at full capacity, and he said he would hate to see the City wait until the system collapses to do something. Councilman Kelly said the current economy was a lot different than when Council authorized the study and felt caution should be exercised. Mr. Altman said although he agreed with a lot of what Councilman Kelly said, he felt the City was operated very conservatively in its approach to management and was in good financial shape. He said he was very comfortable with Mr. Tamaru's recommendations and felt it would lead Palm Desert into the future. He said he could assure Council that this would not put the City in any financial jeopardy. Councilmember Benson said she felt there were a lot of things that needed to be cut back, such as new employees and new equipment that was not life threatening to the City. She said the City had always prided itself on having a healthy reserve, and she felt this was a high expenditure at this time. Mr. Altman asked that Council approve the appropriation of funds but not spend any of that money until RFP's are received and costs analyzed. With regard to the need for a computer person on staff, Councilman Wilson asked how much more sophisticated the new system would be and why it would require the additional staff person. Mr. Gibson stated that the computer system was currently his responsibility and that it was becoming more difficult for him to handle the everything on a day-to-day basis for all the departments. He said he felt there was a need for someone who could assist staff in training. He said there were people in the field who could come out on an on -call basis to do training; however, the cost is approximately $100 per person to do that. He added that the recommendation at this time was for a part-time person, not full-time. Mr. Altman said he felt there needed to be on -site training and that it was a big job to upgrade the computers. He said there was a need to have someone coordinate everything. He asked that Council authorize staff to move forward with the RFP's and at that time come back and make a decision regarding implementation. Councilman Wilson suggested that, in light of concerns raised regarding the uncertainty of the economy and revenues of the City, perhaps authorization should be given to move forward with the RFP's and get a report from the Finance Department of how the City's sales tax revenue and hotel bed tax is tracking this year compared to the last few years. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to authorize the preparation of an RFP on this proposal based on the requirements analysis and to direct staff to be prepared to go to bid only after coming back to the City Council to see if it chose to proceed. Councilman Kelly seconded the motion, and it carried by a 3-2 vote with Councilmembers Benson and Crites voting NO. E. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega stated that the response had been received from the consultant relative to findings of the audit. He aided that he would report on this at the next meeting. Councilman Kelly added that a letter had been received from the City of Rancho Mirage, and he asked that staff review it and include it in the report at the next meeting. Council concurred. 2. Update on Tri-Cities Sports Facility. Mr. Diaz stated that Council would be asked later to approve a proposal from Evans & Associates to go ahead with Phase III, which is where the baseball fields will be going. With regard to the lighting issue, he said the contract with Evans & Associates would require retention of a lighting consultant (to be approved by the City) with special expertise in the sports field lighting area. He said the plans that are drawn up will be able to be physically demonstrated if required, and meetings would be set up with surrounding property owners to show these plans. He added that working drawings for the ballfields would not commence until the lighting issue is resolved unless it could be shown to the satisfaction of the Council that no further physical changes to the site would impact the lighting plans. 3. Drainage Water on Candlewood Drive at the Palm Desert/Indian Wells Boundary. Mr. Folkers stated this report was the result of Council direction at the last meeting. He offered to answer any questions. 4. Alternative Materials for Off -Site Sidewalk Construction. Councilman Crites said that he had spoken with Mr. Folkers about this issue and that the Public Works Department had not yet had a chance to actually look at samples of the various materials and talk to some of the people who do contracting in the area to find out where such materials would be appropriate. 10 MINUTES REGULAR PALM DESI CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * *-:* * * * * * * * * * * * * * * * * * * * * * * * * * * He asked that Mr. Folkers and his staff be given additional time to look at the various samples. Council concurred. XI. CONTINUED BUSINESS A. REVIEW OF REOUEST FOR USE OF SKYLIGHTS ON EL PASEO FOR SPECIAL EVENT HELD ON FEBRUARY 7, 1991, AND PROPOSED FOR MARCH 7, 1991. Mr. Altman noted that Council had approved the use of skylights for February 7th and March 7th and had asked that this matter come back for review following the February 7th event. Mr. Diaz stated that he had received no feedback relative to the skylights. Mr. Folkers noted that the applicant had not gotten an encroachment permit and had used the center island of El Paseo. He said staffs recommendation was that in the future the applicant work with staff and draw proper encroachment permits. MR. DALE HEER, President of the Gallery Owners' Association, stated that the Association wished to make this a monthly event. It would be held on the first Thursday of each month and be known as the Palm Desert Art Walk. He said they were thrilled with the first one, although they had very little promotion and little cooperation from the news media. He requested approval for a 12-month period but added that they would not necessarily use the skylights each time; this approval would allow them to plan their promotion, activities, and fund raising ahead of time. He added that he was disappointed that none of the Councilmembers had been able to attend the first event. Councilman Crites responded that he had not received the invitation until the day before and was already committed to attend another function out of the Valley. Upon question by Councilman Kelly as to whether or not it was considered a successful event, Mr. Heer responded that it was a success considering the number of people who attended. He estimated that approximately 25% of the stores were open and hoped eventually for 100% participation. Councilman Kelly said he would do whatever he could to support this event. Upon question by Councilmember Benson regarding the number of lights which had been approved by Council, Mr. Heer responded that Council had approved 12 skylights: however, there were four lights in each of the 12 units. He added that individual search lights had not been manufactured since 1942. He said there were actually nine skylights used that evening, which was less than half the amount of light that would have come from 12 of the old one -light units. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites expressed concern with setting a precedent for allow spotlights on a monthly basis for an ongoing event. He said he would not have a problem doing this several times to let people know that El Paseo will be open the first Thursday of each month; however, he was concerned that other groups would be coming to Council with similar requests. He also felt the lights would eventually lose their impact because they would not be something special. Mr. Heer noted that a lot of the national publications the Association deals with plan two months ahead, and he expressed concern with having to appear before the Council each month to request approval of the lights. Councilmember Benson said although she would not be in favor of approving the lights to be used every month, she was willing to approve it once more. She added that she did not feel lights were that important in bringing people to El Paseo. Upon question by Councilman Kelly, Mr. Heer asked that the Council approve the use of the skylights for the months of March, April, and May. Mr. Diaz stated that Council's direction in establishing the use of skylights was that it be for events of regional significance, and he said the ordinance might have to be amended in order to approve this request. Councilman Crites said he would be willing to support approval for an additional month and suggested that during that time the Gallery Owners' Association work with the Civic Arts Committee on a yearly program. Mayor Snyder agreed. Councilman Kelly said he would like to see this request approved for the months of March, April, and May, and the Council would then have until next season to review the entire matter. Councilman Wilson expressed concern with the ordinance requiring that the use be tied in with a regional event and suggested directing staff to review the ordinance and come back with a recommendation. MS. KAY OWENSON, Lekae Galleries, agreed that lights should not be approved for each event that comes along and agreed that in doing so the lights would lose their impact. She said the Association would like to work with the City and perhaps include in next year's calendar things that are happening on El Paseo. She asked that Council approve the lights through May. MR. JIM STRUCK, Eagle Art Galleries, said the Association included art galleries in Palm Desert that were not located on El Paseo and added that they were interested in discussing the possibility of approving lights in other areas of the City. 12 MINUTES REGULAR PALM DESEI CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Kelly, second by Crites, the use of skylights on El Paseo was approved for March and April, 1991, was approved by unanimous vote of the Council. Mr. Folkers asked whether this included provision that all applicable permits be pulled, and Mr. Diaz asked if the approval was just for El Paseo. Council concurred. B. REPORT ON MESA VIEW DRIVE TRAFFIC PLAN. Mr. Altman recommended that Council approve the plan as outlined in the staff report. Councilman Crites moved to, by Minute Motion: 1) Approve staff recommendation as outlined on Page 2 of Staff Report dated February 14, 1991; 2) Authorize staff to proceed with implementation of the subject improvement plan, amended to include a provision suggested by Councilman Wilson that staff examine conditions on Grapevine Street and Haystack Road and come back in one month with a report. Councilman Kelly seconded the motion. Councilman Wilson stated that he had again been contacted by concerned residents. He said he had explained that traffic patrol had been increased, particular during the time when school was let out; however, they indicated they had not seen any police units in the area. Upon question by Councilmen Kelly and Wilson, Transportation Engineer Seyed Safavian responded that the radar car was used in that area for four days. He confirmed that if members of the community offered to run the radar car, it could be used in that area more often. Councilman Wilson said he would like this issue revisited in a month or two and would also like to see one more stop sign added at this time to slow the traffic down. He felt the stop signs should be on Mesa View at Summit View, Prairie, and Alamo. Councilman Kelly said it was important not to push traffic all onto one street and that Grapevine and Haystack needed to be considered also. He suggested continuing this matter for one month and direct staff to look at these other streets and come back with a report and recommendations for the entire area. Mayor Snyder said he was willing to continue this for a month but felt Mesa View needed some corrections as soon as possible. Councilman Wilson amended his motion to direct staff to examine conditions on Grapevine Street and Haystack Road and come back in a month with a report. Councilman Kelly accepted the amendment, and the motion carried by unanimous vote of the Council. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CONSIDERATION OF AN ORDINANCE REPEALING CHAPTER 8.28RELATING TO SMOKING IN CERTAIN PLACES. Mr. Altman recommended that this ordinance be passed to second reading. Upon motion by Wilson, second by Crites, Ordinance No. 624 was passed to second reading by unanimous vote of the Council. Xll. OLD BUSINESS A. REOUEST FOR APPROVAL OF AMENDMENT TO CONTRACT NO. 00-515, THE SUNLINE JOINT POWERS AGREEMENT. Mr. Altman recommended that Council adopt the resolution approving the amendment to the agreement in principal. Mr. Erwin added that the format of the amendment might change again; however, the substantial parts would remain the same. He asked that Council approve it in principal and said he would bring the final amendment back to Council. Councilman Kelly moved to waive further reading and adopt Resolution No. 91-11 approving an amendment to the Sunline Joint Powers Transportation Agency Agreement No. 00-515, approving the agreement in principal. Councilman Crites seconded the motion, and it carried by unanimous vote of the Council. B. REOUEST FOR APPROVAL OF LIBRARY BOND ACT APPLICATION. Mr. Altman noted the staff report included in the packets and offered to answer any questions. Upon question by Councilman Wilson, Mr. Diaz responded that it was his understanding that four cities were applying for library grant funds, including Palm Desert, Cathedral City, La Quinta, and Perris. He stated that if Palm Desert was not successful this time, reapplication could be made in June. If still not successful, another way would have to be found to obtain funding. Councilman Crites moved to waive further reading and adopt Resolution No. 91-16, certifying the project budget, the local funding commitment, supplemental funds and application as required by the California State Library Bond Act. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER None 14 MINUTES REGULAR PALM DESER' 'ITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * - A, * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY 1. REOUEST FOR RATIFICATION of Implementation Agreement No. 00-516 with Westinghouse Desert Communities. Mr. Erwin stated that in November the Council approved this agreement in form. He said although this agreement had more detail in it, none of the major parts had been changed; however, he felt it should be brought to Council for review and approval. He noted that the exhibit was the same as the one previously sent to the Council. Upon motion by Crites, second by Wilson, implementation of Agreement No. 00-516 was ratified by unanimous vote of the Council. 2. Mr. Erwin requested a Closed Session to discuss pending litigation and claims against the City. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reouests for Action: 1. Consideration of an Appointment to the Mid -Valley Parkway Citizens Advisory Committee. (Mayor Walter H. Snyder) Mayor Snyder stated he had received a letter from CVAG requesting appointment of a Palm Desert representative to this committee. Upon motion by Crites, second by Wilson, Councilmember Jean Benson was appointed to serve as the City's representative on the Mid -Valley Parkway Citizens Advisory Committee by unanimous vote of the Council. 2. Discussion of Public Art for the Brothers Building. (Councilmember Jean M. Benson) Councilmember Benson stated she had asked that this item be placed on the Agenda. She said she had not realized that the artwork would be above the roof line of the building and felt the issue should be revisited. Councilman Crites said he was quite comfortable with it the way it was proposed. He said he felt it met the parameters he was looking at when it was approved. Councilman Wilson said he was aware that the arrows would be above the building but thought the color still needed to be discussed. He said he was also concerned that the arrow shafts were very thin and felt they would not be very visible; however, when he saw the rendering, his concern was to make sure they 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * were small arrows rather than large. He said he was also concerned that no architect was involved in the decision as to what kind of art would be put in. He felt a building was a work of art in itself, and there would be a problem if another piece of art was placed at that building that was not compatible. Councilman Crites agreed and said he had previously asked that the architect be involved; for some reason, that did not happen. He felt this should be included from now on as part of the contract for architectural services. Councilman Kelly said his main concern was the fact that a specific process had been set up for selection of public art, and this process had been followed exactly as it should have been. With regard to the arrows being red, he said he personally would like a different color but commented that artists were sometimes very possessive about their designs and critical about any changes. He asked for comments from staff or the Civic Arts Committee Chair. MS. DIANE FUNK, Chair of the Art -in -Public -Places Subcommittee, asked for Council's support and said she thought at this point that it would be very difficult to change anything. She said she was disappointed that it had to go to Council prior to the Civic Arts Committee but agreed with linking the architect with the artist. She said she was very proud of the project and felt it would be wonderful. With regard to color, she said this was something that could probably still be discussed with the Committee and the artist. Staff was informally directed to insure that architects and artists are always brought together on all future AIPP projects. No further action was taken on the commissioned art for the Brothers' building. 3. Councilman Crites asked that staff be asked to bring a scenario to the next meeting relative to the completion of the Cahuilla Hills Park. 4. Councilman Crites asked that the City Manager and Mayor sit down with Erik Johnson to look at the issues of the Civic Center Park as it relates to irrigation problems, choice of plant material, etc. 5. Councilman Wilson asked that the members of the City Council take time to write comments relative to actions taken by committees on which they represent the City. He said that he had just learned from the media that our own JPA was suing us and felt it would have been more appropriate to hear it from his colleagues. o City Council Committee Reports: None 16 ?VJ[INUTES REGULAR PALM DESE CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B A representative from Evans & Associates addressed the City Council and said that his firm was looking at the various drainage and irrigation problems in the new Civic Center Park and would be addressing them and resolving them soon. Mayor Snyder recessed for dinner at 6:25 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.DAN EHRLER, Vice President of the Chamber of Commerce, addressed the City Council relative to the Chamber's delegation to Russia. He said there would be an organizational meeting on February 26th and encouraged Councilmembers to attend. MR. KEN GLASSMAN of Rancho Mirage addressed the City Council on behalf of the Friends of the Environment and in opposition to the proposed Palm Springs Raceway. He urged the City of Palm Desert to do its own EIR on the proposal and asked that the City Council adopt a resolution formally opposing its construction. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF EMPLOYEE AWARD TO DAVID J. ERWIN FOR 17 YEARS OF SERVICE AS CITY ATTORNEY. Mayor Snyder and City Manager Altman presented Mr. Erwin with a pen set, a City pin, and a watchband in recognition of his 17 years of outstanding service to the City of Palm Desert. Mayor Snyder introduced Mr. Erwin's wife, Travis, and his daughter, Stephanie, and thanked each for participating in the presentation. B. Mr. Folkers presented to the Council the Outstanding Project Award that was given by California Geotechnical Engineers Association to the City of Palm Desert for the hydroconsolidation treatment at the YMCA facility. C. APPOINTMENT TO THE EL PASEO IMPROVEMENT AREA BOARD TO FILL THE VACANCY CREATED BY THE RESIGNATION OF TYLER RYDER. Councilman Crites moved to, by Minute Motion, appoint Dorothea McEwan to fill the term which expires on December 31, 1993. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Council. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE, PRECISE PLAN OF DESIGN, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF APPROXIMATELY 190,394SQ. FT. OF RETAIL AND COMMERCIAL BUILDINGS ON THE EAST SIDE OF HIGHWAY 111 BETWEEN FRED WARING DRIVE AND PARKVIEW DRIVE. DSL SERVICE COMPANY. APPLICANT. (Continued from the Meetings of December 13, 1990, and January 10, 1991.) Associate Planner Steve Smith reviewed the staff report, noting that there were several issues from the January 10, 1991, meeting that needed to be addressed, such as site layout, building architecture, and firming up of the actual tenants to occupy the buildings. He said there was still one stand alone building, which was the DSL branch, and that the applicant would explain the reasons for keeping it as such. He said Conditions #20 and #21 had been added to the Precise Plan to assure a certain type of tenant. He said concerns raised by Council were signs, parking lots being screened from street view, and the bus pullout (which would be provided on Highway 111). With regard to the Art -in -Public -Places fee, he said there were two generous open space areas: Fred Waring/Highway 111 and Parkview/Highway 111. The intent was to get some unique facility or art at both corners, with perhaps the applicant providing art at Fred Waring/Highway 111 and the City providing the art at the Parkview/Highway 111 site. In closing, Mr. Smith stated that he had met with Mr. and Mrs. Henry Hoyle, property owners to the north, and they were pleased with the project. He recommended adoption of the resolution and ordinance, such to conditions. Mayor Snyder noted the public hearing was still open and invited testimony from the applicant. MR. WENDELL HINDLEY, Downey Savings & Loan, commended Mr. Smith on his presentation and for covering aspects of concern to the Council as well as measures and steps taken to mitigate those concerns. He said because several members of the Council had expressed concern with perimeter sidewalks, they had tried to give them special treatment and would have 36 to 42 inches of mounding. With regard to the parking lot, he said he had considered to including 15% for car ports because one of the Councilmembers had brought up the subject; however, the committee formed by Council at the last meeting had discounted the idea. With regard to the sign program, he said an exhibit to the leases would be added which would require that letters be specific sizes and individually lit. 18 MINUTES REGULAR PALM DES 1' CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With regard to the lone, free-standing building, he said there were several reasons to keep it as proposed. He said Downy Savings & Loan had been in business for over 35 years, and almost all of the branches were stand-alone buildings, which they felt was necessary for identity. He showed proposed elevations of the project, including the two corners and the Ross and Mervyn's areas. Councilman Crites said signage was important to the Council as well as to the developer, and he asked if there would be any objection to holding the sign issue until the Council has an opportunity to review and discuss it. He also asked if the applicant would object to continuing the stamped concrete effect in from Fred Waring around to the front of Mervyn's and along the frontages of the other stores. Mr. Hindley agreed to both. Upon question by Councilmember Benson relative to light standards for the project, Mr. Hindley responded that this had not been specifically addressed. He said there would be parking lot lighting as well as lighting in front of the buildings; the parking lot lights would not be the typical box lighting but would be more ornate. MR. HENRY HOYLE, property owner at the northwest corner of Parkview and Highway 111, said he endorsed the project 100% and felt it would bring a lot more retail business into the City. MR. SCOTT NELSON, Real Estate Manager of Mervyn's, said he felt this was an excellent project. He said Mervyn's had over 100 stores in the State and contributes 5% of pre-tax profits back into the communities it serves. He added that like the City, Mervyn's was also concerned with the environment and recycling. MS. ERATO J. LEYN, 42-570 Christian Street, said she felt it was very important to have shade for the cars in the parking lots during the summer. MR. LENNIE ROLAN, 366 Red River Road, said he felt the landscaping would enhance the beauty of the project. Mayor Snyder invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Council Comments/Ouestions: Crites: Said the City of Palm Desert had the strongest commercial shade tree parking lot ordinance in the State of California and had hired staff to enforce it. Suggested the following conditions (get from action minutes) 19 MIN[TTFS REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Benson: With the City and its Art -In -Public -Places Committee doing one of the corners, hoped that the other corner did not end up with another treatment like the ARCO station on the corner of Highway 111/Portola Avenue. Said did not want to see any signs on the fountain. Wilson: Appreciated the patience of the developer, architect, and everyone working on this project for the past several months. Felt this may have been a frustrating time but also felt everyone will come out with a better project, and he commended the developer. Kelly: Said he had enjoyed working on the subcommittee formed by Council and felt this was a good project. Councilmember Benson asked whether the trellises for the parking lot should be sent back to Architectural Review Commission (ARC) to see if it could be done. Mr. Smith responded that this would be taken through the ARC as part of the normal processing. With regard to the DSL building itself, Councilmember Benson said she had not seen any pictures of what it would look like but would wait until the ARC reviews it, and Council could bring it up if it did not like it. Councilman Crites suggested the following additional conditions be imposed on the project, if approved: 1) That the sign program come back to the City Council for review as well as parking lot requirements; 2) That the City have the ability to use the corner of Highway 111 and Parkview Avenue for a public art entry statement that is acceptable both to the City and to the property owner; 3) Reaffirm that the fountain in the courtyard near Highway 111 and Parkview Avenue be designed to be interactive with people in the courtyard; 4) That the stamped concrete be brought in from Fred Waring Drive to Mervyn's and continued along the store fronts over to Parkview Drive; 5) That the developer and/or the landscape firm hold discussions with the Living Desert Reserve or the Coachella Valley Water District in terms of asking for a living garden to see if they would pick up the maintenance and maybe the planting. He noted that the C.V.W.D. was looking for such a project and perhaps so was the Living Desert Reserve. Councilman Wilson moved to: Waive further reading and adopt Resolution No. 91-4 approving a General Plan Amendment, Case No. GPA 90-2; waive further reading and adopt Ordinance No. 632, approving Change of Zone 90-7; waive further reading and adopt Resolution No. 91-5, approving Precise Plan of Design No. 90-13, subject to the five conditions outlined by Councilman Crites. Councilman Crites seconded the motion, and it carried by unanimous vote of the Council. B. REOUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF AN 80,300 SQUARE FOOT COMMERCIAL RETAIL CENTER ON AN 8.5 ACRE SITE AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND TOWN CENTER WAY. (Continued from the Meeting of January 10, 1991.) ENJOY DEVELOPMENT. APPLICANT. Mr. Drell reviewed the staff report, noting that one item left from the last meeting dealt with a vehicular link between this development and the Palm Desert Town Center. He 20 MINUTES REGULAR PALM DESE CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * said the applicant would bond for the cost of making this connection if at the time permits are pulled there is no agreement between the Town Center and the developer. Mayor Snyder noted the public hearing was still open and invited testimony in FAVOR of this request. MR. BOB WHITNEY, Enjoy Development, said he felt the plan was a good one and substantially complied with the previously approved Ahmanson development agreement. Upon question by Councilman Crites relative to what happened to the corner building after the last meeting, Mr. Whitney responded that they were looking into the possibility of doing an art -in -public -places feature. Councilman Crites asked if they would be interested in continuing the stamped concrete entryway treatment around to the front of the buildings, similar to what had just been approved for the DSL project, and Mr. Whitney agreed. Upon question by Councilmember Benson relative to seating areas in the courtyard, Mr. Whitney responded that there would be concrete masonry tables with umbrellas. Councilman Crites asked if there was anything planned for the courtyard that would draw attention to it, and Mr. Whitney stated that there was talk about a fountain but that it had not yet been decided where it would be placed, whether in the front or the rear of the courtyard, although he felt it might be better at the rear because of the pumps that would be needed. Mayor Snyder invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Council Comments/Ouestions: Wilson: Liked the architectural treatment of this project and the additional conditions that he understood would be suggested by Councilman Crites relative to movement of the corner building, inclusion of an art statement at that corner, and continuance of the stamped concrete treatment. He said he would support the project with those amendments. Kelly: Said the Council had just gone through an extensive process of developing and improving the previous project that he felt was beautiful and set a good standard. Felt this particular project needed some more work. Asked what percentage of the project was landscaping and what percentage of the site was building as compared with the DSL project. Mr. Drell responded that this was a smaller site and that the landscaping percentage was lower. He added that the square footage of buildings was approximately the same percentage as the DSL project. In response to Councilman Kelly's question regarding a bus turnout, he said it was included in the conditions for the precise plan. In response 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to the concern about the building on the corner and what is being done, Mr. Drell said the building would be pushed back 20 feet to make the corner larger. Crites: Asked if there had been any thought at Planning Commission or staff level to do something about an additional access from the front of the project to the back, possibly between Building 9C and Building 8C, so that it is not solid store fronts. Mr. Drell responded that this was not discussed; however, it was assumed and hoped that it would be employee parking at the rear. He said trees had been put in to make it more desirable for employee parking. He added that a breezeway could be put in if Council so desired. Councilman Crites asked if there was any employee parking incentive program for this project, and Mr. Drell responded that there was no formal program but the project was providing shade and convenience, and hopefully that would be incentive. He added that employees could be directed to park there as part of the lease agreement. Councilman Kelly asked whether all mechanical equipment was hidden, and Mr. Drell responded that it would all be behind the parapets. Councilmember Benson asked if the long building as shown on the renderings could be broken up by putting in a breezeway or some other kind of separation, and Councilman Crites asked if some of the stores could be pushed back and thus make indentations on the front of the building. Mr. Whitney responded that he would prefer not to have another breezeway, and the hope was to make the existing breezeway a focal point of the project. He said some of the stores could be moved back several feet; however, he expressed concern with renting those spaces because they would be pushed back behind the larger tenants, and they would lose their exposure. He felt the canopies that were going to be used would break up the one long building effect and give depth to the building. Mr. Drell added that the Architectural Review Commission had suggested there be some variation in shade of color to distinguish the different planes. Councilmember Benson stated that she would like to see the signage for the center come back to Council. Councilman Kelly agreed and said Council did not want to deal with every sign and that this was an opportunity to make the center look better. Mr. Whitney agreed it was a good idea. Councilman Crites suggested the following additional conditions on the project, if approved: 1) That the signage program come back to the City Council for review; 2) That the building facade use different shades of color for different indentations; 3) That stamped concrete be continued on and around aside from the public rest areas; 4) That the fountain to be placed in the courtyard needs to be done in consultation with the 22 MINUTES REGULAR PALM DESEI CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * AT * * * * * * * * * * * * City's Art -In -Pubic -Places Subcommittee so that their expressions can be included; 5) The building be pulled back from the corner to give sufficient spaces for statement of public art and minimum loss of parking spaces and to provide adequate landscaping. Councilman Wilson moved to: Waive further reading and adopt Resolution No. 91-, approving PP 90-23, subject to conditions; by Minute Motion, require Enjoy to revise the Precise Plan to include cross access and grant Town .Center an access easement; if the Town Center has not formerly agreed to mutual cross access at the time of issuance of building permits, require Enjoy to bond for the work for a period of five years; authorize the Mayor to send a letter to the Town Center's major representatives describing the City's desires and benefits associated with their cooperation regarding mutual cross access, subject to the additional conditions set forth by Councilman Crites. Councilman Crites seconded the motion, and it carried by unanimous vote of the Council. C. REOUEST FOR APPROVAL OF LOT ABATEMENT CHARGES FOR PARCEL NO. 625-183-008-1 AND PARCEL NO. 625-221-042-8. Mr. Altman noted there was a memorandum in the packets from Mr. Allen explaining this matter and that he was available to answer any questions. Councilman Crites commended Mr. Allen and said he felt the memorandum was superb and was well -written and easy to understand. Councilman Wilson agreed. Mayor Snyder declared the public hearing open and invited testimony in FAVOR or of OPPOSED to this matter. No testimony was offered, and he declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 91-17, confirming assessments on property owners in said City for abatement of weeds and other nuisances. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Council. D. REOUEST FOR CONSIDERATION OF AN ORDINANCE DEALING WITH ABOVE GROUND BULK STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUID FUELS. Fire Marshal Clyde Chittenden reviewed the staff report, noting that he had received a call from a representative of KBEST Radio who thought he would not be allowed to have emergency generators. He said such emergency generators were now and would continue to be permitted. He reviewed one of the changes that would be made regarding liquid propane gas and the section which dealt with fuel remaining in tanks that are taken out of service. Councilman Kelly asked whether golf courses and country clubs in the Palm Desert area had been contacted to see if they had concerns with this and said he was not sure they were aware of how they would be affected. He also asked what the cost would be to install new tanks. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Chittenden responded that there were several country club maintenance buildings waiting for this ordinance to pass so they could install tanks. He added that the current ordinance did not allow any bulk storage over 60 gallons. With regard to installation cost, he said it would be approximately $15,000 to $20,000 for an entire tank assembly. He added that the intent of the new ordinance was to loosen up previous restrictions. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. MR. ED KIBBEY, General Manager of KBEST/KUNA Radio, 41-915 Boardwalk, Suite C, stated that he had been trying for the past year to get a permit for a 300 gallon above the ground tank to store fuel to power an emergency generator. He said he had been unable to obtain the permit and was told that all above ground storage was illegal. Mayor Snyder declared the public hearing closed. Councilman Wilson moved to waive further reading and pass Ordinance No. 633 to second reading. Motion was seconded by Benson. Upon question by Councilman Kelly, Mr. Chittenden responded that although the present ordinance did not allow above ground bulk storage for emergency generators, the new ordinance would allow it. Mayor Snyder asked if the ordinance could be changed to define bulk storage as 120 gallons instead of 60 gallons. Councilman Kelly suggested also changing it to allow two 55-gallon drums. Mr. Erwin responded that he believed the bulk storage definition would need to be changed. He said it was his understanding that this definition came from the Uniform Fire Code, and there were some restrictions to changing this code. Mayor Snyder suggested passing the ordinance to second reading and holding adoption of it until staff could look into this matter. Councilman Crites said he felt it would be appropriate to direct staff to look into this matter. He said whether or not the amount allowed should be double was not the issue. He added that he would be willing to talk about it but as a separate issue. Mr. Altman stated that staff would come back with a report from the City Attorney and Fire Department with a recommendation as to how this could be accomplished. Councilman Kelly noted that his NO vote had nothing to do with what was trying to be accomplished with this ordinance. His concern was what this would do to people who are already operating under the current ordinance. 24 MINUTES REGULAR PALM DESEI CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * *- * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder called for the vote. Motion carried by a• 3-2 vote with Councilmen Kelly and Snyder voting NO as per the concerns they raised in discussion. E. REOUEST FOR APPROVAL OF AN AMENDMENT TO A SENIOR HOUSING DEVELOPMENT AGREEMENT RELATING TO AFFORDABLE HOUSING REQUIREMENTS. THE VILLA AT PALM DESERT. APPLICANT. Mr. Drell reviewed the staff report, noting that this would amend the requirement for 15 affordable units and allow the combination of in lieu fees similar to Hacienda de Monterey and on -site low/very low income affordable congregate care housing. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of this request. MR. STEVE BRADFORD from San Diego spoke as the purchaser of the project and offered to answer any questions. Mayor Snyder invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Upon motion by Crites, second by Kelly, Ordinance No. 635 was passed to second reading by unanimous vote of the Council. F. REOUEST FOR APPROVAL OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT, AND CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (R-1) TO OFFICE PROFESSIONAL (O.P.), A PRECISE PLAN AND FRONT SETBACK VARIANCE FOR A 7,200 SQUARE FOOT OFFICE BUILDING AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND ACACIA DRIVE. PEGGY AMES. APPLICANT. Mr. Drell reviewed the staff report, noting that this project was located on Fred Waring, one lot west of the Darr Eye Clinic. He said it would be a two-story office building and would be set back 70 feet from the residential zone. Upon question by Councilman Crites relative to the setback, Mr. Drell responded that it exceeded that of the Charles Martin building on Fred Waring. He said lots were not taken in that are, so remnants did not exist. He added that the setback exceeded everything on the west side of Monterey Avenue as well. Upon question by Mayor Snyder relative to the number of parking spaces, Mr. Drell responded that there were a total of 26 spaces, and all of the parking spaces against the wall were car ports. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites asked if the landscaping would be climate -appropriate. Mr. Drell responded that it would and added that recommended changes from the Architectural Review Commission were also being implemented. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of this request. MR. RICHARD FISCHER, 75-140 St. Charles, spoke as the architect for the project and offered to answer any questions. He said he felt this would be an asset to the corner and added that the intent was to do southwest architecture to include cactus, etc. Mayor Snyder invited testimony in OPPOSITION to this request. None was offered, and he declared the public hearing closed. Councilman Wilson asked what the height of the Darr Eye Clinic was and how close to residential the building would be. Mr. Drell responded that the two-story portion of the Darr Eye Clinic was 25 feet high, with the one-story at 18 to 19 feet. He said this proposed project would go from 23 feet down to 14 to 15 feet in height at the corner. He added that the nearest residential property line was 70 feet from this project. Councilman Kelly stated that he liked the architecture of the project. Councilman Crites moved to waive further reading and pass Ordinance No.634 to second reading, approving the change of zone and to waive further reading and adopt Resolution No. 91-12, approving the General Plan Amendment, the Precise Plan, and the Variance, subject to conditions. Councilman Kelly seconded the motion, and it carried by unanimous vote. G. REOUEST FOR CONSIDERATION OF AN EXCEPTION TO THE SIZE AND HEIGHT LIMITS FOR A FREE-STANDING SIGN AT PALMS TO PINES THEATRES, 72-755 HIGHWAY 111, PALM DESERT. Mayor Snyder stated that a letter had been received requesting continuance of this matter for two weeks. He declared the public hearing open and invited testimony. None was offered. Councilman Crites moved to continue the item to the meeting of February 28, 1991. Councilman Wilson seconded the motion, and it carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None 26 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Upon motion by Crites, second by Kelly, Mayor Snyder adjourned to Closed Session pursuant to Government Code Section 54956.8, Real Property Transactions, 54956.9(a) and (b), Pending and Potential Litigation, said session to take place immediately following adjournment of the Redevelopment Agency and Parking Authority Meetings. Mayor Snyder reconvened the meeting at 10:55 p.m. and immediately adjourned to 4:15 p.m. on Wednesday, February 20, 1991, to informally discuss budget philosophy in the preparation of the 1991/92 fiscal year budget. ATTEST: IHEILA R. GILLMAN, C ' CLERK CITY OF PALM DESER '1'CALIFORNIA WALTER H. SNYDER, MAY 27