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HomeMy WebLinkAbout1991-02-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 28, 1991 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson 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 February 14, 1991. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0100, 0110, 0111, 0201, 0205, 0207. C. Rec: Approve as presented. APPLICATION FOR ALCOHOLIC BEVERAGE LICEN$,L by Los Angeles Wine Co., Inc. for Los Angeles Wine Co., Inc. 72-608 El Paseo, #2, Palm Desert. Rec: Receive and refer to the Department of Community Development for processing. D. USOLUTION NOS. 91-21.91-22, 91-23. AND 91-24 - RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH THEIR FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED FOR THE MONTHS OF SEPTEMBER, OCTOBER, NOVEMBER, AND DECEMBER, 1990, RESPECTIVELY. Rec: Waive further reading and adopt. E. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-519 for Air -Conditioning and Electrical Work at the El Paseo Fire Station. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 00-519. F. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-520 for Contract Street Sweeping North of the Whitewater Channel. Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for Contract No. 00-520; 2) Authorize the award of the contract to the lowest responsible bidder; 3) Appropriate $40,000from the Unobligated General Fund Reserve to the project account for the remainder of FY 90-91. G. REOUEST FOR APPROVAL of Application for State -Local Transportation Partnership Program. Rec: By Minute Motion, concur with submitting the application for funding to the State -Local Transportation Partnership Program for eligible projects. H. REOUEST FOR APPROVAL of the Purchase of an Electric Utility Vehicle for the Civic Center Park Maintenance. Rec: By Minute Motion: 1) Reject all bids received; 2) Authorize the City Clerk to readvertise and call for bids for the subject vehicle. 2 MINUTPS REGULAR PALM DESERT .TY COUNCIL MEETING 1 EBRUARY 28, 1991 * * * * * * * * * * * :— * * * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR APPROVAL of Cook Street/Merle Drive Area Traffic Plan. Rec: By Minute Motion, authorize staff to implement the following modifications: 1) Installation of a four-way stop control at the intersection of Cook Street and Merle Drive; 2) Relocation of the three-way stop control from Joni Drive and Cook Street to Velie Way and Cook Street. J. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Contract No. 00-521, the Highway 111 Tree Planting Project. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. K. ROUEST FOR AUTHORIZATION to Remove Traded -In, Discarded, Donated, Sold, and Missing Equipment Items from the City's Property Report. Rec: By Minute Motion, authorize staff to remove the equipment items shown in Exhibit A of Staff Report dated February 28, 1991, from the City's "Property Record Status Report" . L. REOUEST FOR APPROVAL of Mid -year Budget Review FY 1990-91. Rec: Waive further reading and adopt Resolution No. 91-25, approving the mid -year budget adjustments. M. LETTER from Robert Del Gagnon and Lois A. Gagnon Regarding Cahuilla Hills Park. Rec: Refer to staff for report and recommendation. Upon motion by Kelly, second by Crites, the. Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 91-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE BERMUDA DUNES SPHERE OF INFLUENCE. MR. BILL HAMMOND, a member of the Advisory Committee for the Bermuda Dunes Community Council, said this ad hoc committee felt Bermuda Dunes should not be in any sphere of influence at this time. a MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. R. A. BENDER, a resident of Bermuda Dunes, addressed the Council and stated signatures of residents had been gathered for the past several months indicating that Bermuda Dunes did not want to be in the sphere of influence or annexed into any city. He said these residents wanted the Advisory Committee to look into drawing up plans for Bermuda Dunes to become its own city. Mr. Diaz noted that a group known as the Bermuda Dunes Annexation Committee had filed an application with the Local Area Formation Commission (LAFCO) asking to be included in Palm Desert's sphere of influence. At the same time, the City of La Quinta had applied to LAFCO to have the Bermuda Dunes area placed in its sphere of influence. He stated that LAFCO was requiring Palm Desert to do the negative declaration, and the City of La Quinta was also required to submit environmental documents as part of its application. He said LAFCO staff had assured him that the public hearing would take place on the entire sphere of influence issue. He said Palm Desert's policy is that it does not actively seek to annex other areas into the City; however, if people wish to enter the City of Palm Desert and be part of the Palm Desert family, we will accommodate them. Mr. Diaz stated that this action would in no way begin the annexation proceedings but would allow LAFCO to evaluate which of the three groups should prevail. What would happen if the negative declaration were not approved is that LAFCO could not then consider placing Bermuda Dunes in the Palm Desert sphere of influence as requested by those residents of Bermuda Dunes who had filed the application. Councilman Wilson said he had recently read in the newspaper that a citizens council had been appointed for the Bermuda Dunes area; he asked whether members had already been appointed and if the council was up and functioning. Mr. Hammond responded that an election would be held on April 6th. Councilman Kelly stated that the City Council wanted the people of Bermuda Dunes to be where they want to be, whether it is in La Quinta, Palm Desert, or on their own. Councilman Crites said he felt a suggestion should be made to LAFCO to word the ballot in such a way that the people of Bermuda Dunes would really have a choice in whether or not to be annexed. He felt the ballot should include two questions: 1) Whether or not they want to be annexed; 2) If so, to whom they want to be annexed. Mr. Altman stated that Mr. Diaz was preparing a memorandum to LAFCO and could address this issue in that memorandum. Upon motion by Kelly, second by Crites, Resolution No. 91-26 was adopted by unanimous vote of the City Council. MINUTES REGULAR PALM DESERT 'ITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * —. * * * * * * * * * * * * *_* * * * * * * * * * * * VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 624 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 8.28 OF THE PALM DESERT MUNICIPAL CODE RELATING TO SMOKING IN CERTAIN PLACES. Mr. Altman stated that no changes had been made since introduction of this ordinance, and he recommended its adoption. Upon motion by Benson, second by Wilson, Ordinance No. 624 was adopted by unanimous vote of the City Council. B. ORDINANCE NO. 63_2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING MINIMUM STANDARDS FOR THE ABOVE GROUND STORAGE OF FLAMMABLE/COMBUSTIBLE LIQUIDS AND GASES. Mr. Altman recommended that this ordinance be continued to the meeting of March 14, 1991. Upon motion by Crites, second by Benson, second reading of Ordinance No. 633 was continued to the meeting of March 14, 1991. C. QRDINANCE NO. 624 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF ZONE FROM SINGLE- FAMILY RESIDENTIAL (R-1) TO OFFICE PROFESSIONAL (O.P.) AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND SAN LUIS DRIVE. PEGGY AMES. APPLICANT. Mr. Altman recommended adoption of this ordinance and stated that no changes had been made since its introduction. Upon motion by Crites, second by Benson, Ordinance No. 634 was adopted by unanimous vote of the City Council. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. QJ2DINANCE NO. 635 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO AN AFFORDABLE SENIOR HOUSING DEVELOPMENT AGREEMENT RELATING TO AFFORDABLE HOUSING REQUIREMENTS. CASE NO. DA 86-1 AMENDMENT. Mr. Altman stated no changes had been made since first reading of this ordinance and recommended adoption. Upon motion by Crites, second by Benson, Ordinance No. 635 was adopted by unanimous vote of the City Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF VON'S SHOPPING CENTER ACCESS MODIFICATION. Mr. Altman noted that Mr. Folkers had prepared a report outlining recommendations and was available to answer any questions. Councilmember Benson moved to, by Minute Motion, approve staff's recommendations and authorize staff to retain a qualified engineering firm to prepare the plans and cost estimates for the improvements. Councilman Kelly seconded the motion, and it carried by unanimous vote of the City Council. B. CONSIDERATION OF A REOUEST FROM SILVER SANDS HOMEOWNERS ASSOCIATION FOR A WATER RECLAMATION DISTRICT. Mr. Altman stated a letter had been received from a board member of Silver Sands Racquet Club requesting a 30-day continuance of this matter. Upon motion by Wilson, second by Kelly, and unanimous vote of the City Council, the request was continued to the meeting of March 28, 1991. C. REOUEST FOR CONSIDERATION of Cook Street Assessment District No. 91-1. Mr. Folkers reviewed the staff report, noting that the resolutions before Council would begin the process of forming this assessment district. He said meetings had been held with interested parties for well over a year, and some of the people had provided up to $200,00 in seed money so the project could proceed. MINUTES REGULAR PALM DESER -2ITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * *--* * * * * * * * * * * * * *--* * * * * * * * * * * * He reviewed the letters received from Mr. F.X. McDonald, Jr., and Dr. Peter Tynberg (on file and of record in the City Clerk's Office). He said Mr. McDonald was opposed to being included in the district. Dr. Tynberg had two concerns: 1) Felt people north of I-10 should not be charged for the costs of the Cook Street bridge. After consideration, it was decided that this was a reasonable request and as a result, anyone who owns property north of I-10 will not be assessed for the construction of the bridge on Cook Street at the Whitewater Channel; 2) Extension of Chase School Road from approximately 2,000 feet north of Varner Road up to Ramon. He said if the residents and the County decided at a later date that they did not want it included, the interchange could still be built with access via Varner. He said Dr. Tynberg was also concerned with the breakdown of costs and had mentioned some form of assessment relief similar to what will be done for the bridges and thoroughfares assessment district for Washington. He noted that both the City and the consultants had had considerable discussions with Dr. Tynberg. Mayor Snyder noted that there would be public hearings on this matter at a later date but invited any testimony at this time. MS. MARY STONE, 16153 Sherman Way, Van Nuys, said her mother had owned property on Ramon Road for 30 years. She felt the property did not belong in this district and was closer to the Ramon Road on -ramp than to the proposed overpass; if her mother had to sell the property, she would lose 50% of the value to taxes, IRS, and real estate brokers. She felt this was a large assessment for an 82-year-old woman to have to pay. She added that it was her understanding that developed property would not contribute to the assessment district and felt such developed property would clearly benefit and should not be exempted. Mr. Folkers stated that in the past developed properties have paid many fees such as signalization, drainage, County traffic impact fees, etc., so they had paid for certain facilities. He said the newer projects were contributing money for TUMF fees and development fees as well as infrastructure adjacent to their site of development. Councilman Crites asked if they would be charged for regional improvements as well. Mr. Folkers responded that they would be charged if they were undeveloped; if developed, they will already have paid through the TUMF and various other development fees. Councilman Crites asked if this issue of whether or not developed properties are to be included could be decided as a future issue, and Mr. Altman responded that it could. With regard to staffs recommendation to authorize the Mayor to enter into a contract with J.F. Davidson Associates for the engineering, Mr. Altman stated that this money would be reimbursed to the City. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 1991 * * * s * * * * * * * * * * * * * * * * * * * * * * * * * * * * s * * * * Councilman Kelly moved to waive further reading and adopt Resolution No. 91-27, making appointments in a special assessment district, to waive further reading and adopt Resolution No. 91- 2$, adopting a map showing the proposed boundaries of a special assessment district, to waive further reading and adopt Resolution No. 91-29, approving a proposed resolution of intention and requesting consent and jurisdiction from the City of Indian Wells, and to waive further reading and adopt Resolution No. 91-3_Q, approving a proposed resolution of intention and requesting consent and jurisdiction from the County of Riverside. Mayor Snyder seconded the motion, and it carried by unanimous vote of the Council. Councilman Kelly moved to, by Minute Motion, authorize the Mayor to enter into Contract No. 00-522 with J.F. Davidson Associates, Inc., in the amount of $69,000 for the assessment engineering. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Council. C. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Altman noted there was a memorandum in the packets and that Mr. Yrigoyen was available to answer any questions. Councilmember Benson stated she understood the memorandum; however, she felt that because Mayor Bleaman had sent a letter, he should be advised of the City of Palm Desert's position in writing. Councilman Wilson said he would support the procedure outlined in the memorandum but agreed that a letter from Mayor Snyder should be sent to Mayor Bleaman explaining the City's position. Councilman Kelly moved to, by Minute Motion, support the procedure outlined in the memorandum and direct staff to prepare a letter for Mayor Snyder's signature to Mayor Bleaman explaining the City's position. Motion was seconded by Wilson and carried by unanimous vote of the Council. 2. Update on Tri-Cities Sports Facility. Mr. Diaz reported that a meeting had been held with the City Managers and Community Development Directors of Indian Wells and Rancho Mirage to show the proposed plan and walk the site. He said they seemed excited about what was being proposed and were in favor of the layout. He said discussions had also begun with the consulting firm that would be doing working drawings. He added that a meeting would be held in the next ten days to work with the lighting consultant and the lighting firm of General Electric to be sure that 1) all lighting issues can be addressed, and 2) any necessary demonstrations can be done for the meetings to be held with surrounding property owners. He said plans were to try for a March 1992 finishing date. MINUTES REGULAR PALM DESERT ITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Oral Report by Ken Weller on the Safety Program. Emergency Services Coordinator Ken Weller distributed copies of a list of compliance programs required under Cal -OSHA Safety Orders and Senate Bill 198. He noted that there had been 71 Workmen's Compensation injuries in the last five years which amounted to approximately 700 days off. He said the Injury Prevention Program, a draft of which would be presented to the Palm Desert Employees Organization and management team this week, needed to be in place by July 1, 1991, or the City would lose its self -insured status. He reported that a Public Safety Committee had been formed made up of representatives from each department; this Committee's goal was to make sure there were safe working conditions at City Hall. No Council action was required. Councilman Kelly noted that just because no comments are made does not mean the Council does not feel this is a good program. Mayor Snyder added that the City Manager and staff should be commended for taking action in this regard. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. DISCUSSJON OF LOCATION OF ACCESS GATE FROM JOSHUA ROAD COMMUNITY ONTO DSL SITE. Councilman Wilson stated that he had asked that this item be placed on the Agenda because of contact he had had with Mrs. Donna Evers, an adjacent property owner. Mr. Diaz reviewed the staff report, noting that residents of Joshua and Manzanita were concerned with the volumes of traffic that would be generated by the shopping center and using the gate. Councilman Wilson stated that the diagram indicated an access at "A" (Manzanita) and a possible access at "B" (Fred Waring), with the argument against "B" that fire trucks could not make the turn into that entrance. He suggested designating "B"as a pedestrian access, and "A" could be a crash gate for fire trucks to get into the area. Councilman Crites asked if Access "B" could be modified somewhat so that fire trucks could make the turn. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz suggested taking this matter back to the Fire Department to see if this would work. MR. MARVIN EAVES, Riverside County Fire Department, responded that it was his understanding that just one tree would have to be removed to make Access "B" usable. Councilman Crites felt this would be the simplest solution instead of having two different accesses. Councilman Wilson suggested that the neighborhood access be at location "B" and that staff be directed to work out with the fire department appropriate emergency access for a truck into the neighborhood. Councilman Kelly moved to direct staff to designate Access B as the neighborhood access and to work with the Fire Department to make Access B suitable for the fire equipment and if that is not possible, then designate Access A as an emergency access gate. Councilman Wilson seconded the motion. MR. DAVID EVERS, 72-450 Manzanita, agreed with the suggested changes and thanked Councilman Wilson for coming out to look at the area. He asked whether Joshua Road would be cul-de-sacced whether the DSL project were built or not. He added that it was his understanding that DSL owned half of Manzanita. Mr. Diaz responded that if the project were not to proceed for some reason, the cul- de-sac would not be put in because DSL was paying for it. With regard to ownership of Manzanita, he said if the City vacated the street, DSL would receive half of it. Councilman Wilson added that the City would not have to allow DSL to build on that road and that the plan had already been approved without it. MR. DAN DRESSER, 43-900 Joshua Road, asked why Joshua Road was now going to be cul-de-sacced if the City did not have plans to do so. Mr. Diaz responded that this was a condition upon the development to mitigate concerns of the residents regarding increased traffic through the neighborhood. Mr. Dresser stated that he knew there was a petition that went around the neighborhood but that he had never been asked if he approved of the cul-de-sac, and he felt it would be easier for him to go out onto Joshua Road. Councilman Wilson responded that in looking at the entire neighborhood, if Parkview were closed off, the people at that end of the street would have to go down to Fred Waring, which had far more traffic. Secondly, they would not have the option of being able to go into the parking lot and directly out onto the street. He added that this option was better for the good of the entire neighborhood than closing off Parkview. IQ )MINE ES REGULAR PALM DESERT ITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Dresser asked what Council felt would happen to the area five to ten years from now since it is a residential area in the middle of a commercial area. Councilman Crites said he felt this would be considered a good residential area because there would be no traffic problems, has easy access by foot to major commercial areas, etc. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council. B. REOUEST FOR APPROVAL OF WATER EFFICIENT LANDSCAPE GUIDELINES. Mr. Altman stated there was a memorandum in the packets from Environmental Conservation Manager John Wohlmuth. He added that he felt this was an excellent program. Councilman Crites moved to, by Minute Motion: 1) Authorize the Mayor to enter into Contract No. 00-523 with Avant Gardens for the production of the subject guidelines; 2) Appropriate an additional $10,000from the General Fund Unobligated Budget Reserve to the subject project account. Councilman Kelly seconded the motion, and it carried by unanimous vote of the City Council. XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Altman asked that a request for the donation of a fire truck to the City be added to the agenda for consideration. Upon motion by Crites, second by Wilson, the item was added to the agenda by unanimous vote of the Council. Councilman Crites moved to authorize staff to submit a request to the Riverside County Fire Department for donation of a surveyed fire truck for display at the Historical Society and for use in civic functions. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Council. 1. UPDATE on Civic Center Park Landscaping. Mr. Altman said that a walk through of the park had occurred that day and a report would be given at the next meeting. B. CITY ATTORNEY Mr. Erwin introduced the new Deputy City Attorney Bill Adams, formerly the City Attorney for the City of Palm Springs. In addition, he asked that Council adjourn to Closed Session at an appropriate time. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Councilman Crites moved to add the approval of a negative declaration of environmental impact for the BLM Ranger station to the agenda as an item which came up after the agenda was posted. Councilman Wilson seconded the motion, and it carried by unanimous vote. Councilman Crites moved to approve the negative declaration of environmental impact for the BLM Ranger Station, and Councilmember Benson seconded the motion. It carried by unanimous vote of the Council. o City Council Committee Reports: 1. Councilman Crites passed on to the City Manager, Mayor Snyder, and Councilman Kelly some information he had received from The Planning Center in Phoenix relative to a company that does turnkey municipal golf courses and provides their own financing, etc. 2. Councilman Crites asked that staff look at the Del Webb project adjacent to the City of Palm Desert in terms of the Environmental Impact Report and to be sure the project has done everything the City would want in a County project. Mr. Altman responded that staff would prepare a report for the next meeting on this issue as well as the Palm Springs Raceway and the Desert Hot Springs issue. 3. Councilman Kelly reported that at the Sunline meeting on Wednesday, the Board had approved the Joint Powers Agreement and changing the Board's responsibilities to include Valleywide administration of taxis. He said an ordinance had also been approved, and the next step was to do guidelines. 4. Councilman Kelly thanked the City Attorney, City Manager, and Council for their hard work on behalf of the United Way of the Desert and for serving as waiters/waitresses at the dinner on Wednesday evening. He said it was a very successful event, with approximately $13,000 raised for the United Way which would be credited to the City of Palm Desert employees. 5. Councilman Crites stated that the PM-10 Task Force, consisting of Valleywide representatives (including Councilman Kelly, John Wohlmuth, and himself for Palm Desert), had held its first meeting to look at the projects to evaluate PM- 10 mitigation strategies. He said this would begin in the next few months, with data to begin coming back by mid -June in terms of what will be involved in meeting EPA guidelines. 12 MINUTES REGULAR PALM DESERT ITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, Mayor Snyder adjourned the meeting to Closed Session at 5:37 p.m. pursuant to Government Code Section 54956.9(a) (Levald vs. Palm Desert re: Indian Springs Mobile Home Park) and (b), pending and potential litigation, and 54956.8, Real Property Transactions (potential acquisition of property - One Quail Place). Mayor Snyder reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. 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. (Continued from the meeting of February 14, 1991.) Mr. Diaz reviewed the staff report and showed illustrations of the proposed sign. He noted that the Architectural Review Commission felt although the proposed sign was larger than allowed by ordinance, it would be an improvement over what was there now and recommended approval of this request. He added that it would be internally illuminated while the existing sign was externally lit. He said staffs recommendation was to affirm the decision of the Architectural Review Commission and approve the request for an exception to the size and height limits for this sign. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of this request. MR. JERRY MURDOCK, Permit Administrator for Signtech Signs in San Diego, offered to answer any questions. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilman Crites said he had driven by the existing sign both at night and during the day and did not find it to be offensive. He said while the existing sign was dark wood, the new sign would be plexiglass and internally illuminated and would have more visible impact. He said he would vote against approving a larger sign. Councilmember Benson said she was opposed to the internal illumination and the bright red letters. She added that she had never had problems being able to see what was playing at these theatres. Councilman Wilson stated that this sign was before Council because of the variance from the City's sign ordinance with regard to height. Councilman Crites said he felt the sign should be designed to meet the sign ordinance and if it does not, the existing sign should be kept. Upon question by Councilman Wilson with regard to the colors of the new sign, Mr. Larry Bradley of Signtech stated that the request was for a red background with changeable letters that would be white in color; however, if this was not satisfactory to the Council, they would be open to changing the colors to something like ivory letters on a tan background. Upon question by Councilmember Benson, he said they would definitely want the sign to be internally lit. With regard to height, he said 12 feet was requested so that kids could not reach the letters. Councilman Wilson moved to waive further reading and adopt Resolution No. 91-31, granting an exception to the size and height limits for a free-standing sign, 120 square feet and 12 feet in height, at Palms to Pines Theatre, subject to the sign details being returned to the Architectural Review Commission for review and approval and with the red lettering to be substituted with ivory on brown. Councilman Kelly seconded the motion, and it carried by a 3-2 vote with Councilmembers Benson and Crites voting NO. B. CONSIDERATION OF REOUESTS FOR 17TH YEAR COMMUNITY BLOCK GRANT FUNDS. Mr. Ortega stated there was a memorandum in the packets and that Administrative Assistant Ray Janes was available to answer any questions. He added that the purpose of this public hearing was to receive requests from agencies for the funding. Upon question by Councilman Crites relative to whether there was a list of organizations through the Charitable Contributions Committee that were interested in these funds, Mr. Gibson responded that last year the Senior Center and Desert Outreach had requested the funding but that there were no requests this year. 14 MINUTES REGULAR PALM DESERT iTY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Janes said one recommendation staff wished to make was in terms of sewer improvements to coincide with Project Area #3 east of Portola and west of Cook Street below the Portola Country Club area. Upon question by Councilman Wilson as to whether these funds could be committed to be used in the future for sewer improvements and park improvements for the low and moderate income housing areas in the north sphere, Mr. Janes responded that it would be appropriate but would have to directly benefit 51 % of the low/moderate income residents in the area. He briefly reviewed the staff report, noting that $116,000 was available this year and that approximately $100,000could be borrowed from next year's funding if needed. He stated that out of that total amount, 15% could go toward public service agencies, such as Desert Community Outreach, Senior Center, Child Care Consortium, etc. He noted that applications for public service groups were due March 8th and that the City had until March 19th to submit the application for the capital improvement project. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. A representative from Desert Community Outreach addressed the Council and stated that while last year his organization had 191 clients, it had 356 as of this meeting, with approximately 25 % of the 356 residing in Palm Desert. He said they were requesting funding in the amount of $16,000. With no further testimony offered, Mayor Snyder declared the public hearing closed. For the record, Mr. Janes stated that a request had been received from the Child Care Consortium for funding in the amount of $25,000. Councilmember Benson noted that the CVAG Housing Committee had voted to ask all jurisdictions in the County for a percentage of their funding up to $25,000 or whatever amount they could contribute for this child care program. She added that the County of Riverside and the City of San Marino currently contributed some of their funds to the Riverside program. Councilman Wilson moved to, by Minute Motion, authorize staff to file an application for use of such funds as Council deems appropriate. Councilman Crites seconded the motion, and it carried by unanimous vote. C. REOUEST FOR APPROVAL OF ANNEXATION NO. 28, AREA NORTH OF COUNTRY CLUB DRIVE FROM DESERT FALLS EAST TO WASHINGTON STREET, NOTICE OF INTENT TO ADOPT A RESOLUTION REQUESTING LAFCO TO TAKE PROCEEDINGS. Mr. Diaz reviewed the staff report, noting for the record that a letter of opposition had been received from Equity Directions. He recommended adoption of the resolution. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder declared the public hearing open and invited testimony OPPOSED to this request. None was offered, and he declared the public Upon motion by Crites, second by Wilson, Resolution No. 91-22 was adopted of the City Council. in FAVOR of or hearing closed. by unanimous vote D. CONSIDERATION OF GRANTING AN APPEAL TO A DENIAL BY THE PLANNING COMMISSION OF A REQUEST FOR A CONDITIONAL USE PERMIT TO EXPAND THE EXISTING LOUISE'S PANTRY RESTAURANT BY 600 SQUARE FEET (ENCLOSE THE EXISTING EAST PATIO AREA) LOCATED IN THE 111 TOWN CENTER AT HIGHWAY 111 AND TOWN CENTER WAY. SUNTAG AND NOVASCONE. INC.. APPELLANT. Mr. Diaz reviewed the staff report, noting that Council might wish to consider continuing this matter to allow the applicant to obtain consent from the property owner's representative; however, if it was Council's feeling that expansion should not be allowed, it may wish to affirm the Planning Commission's denial of the request. Upon question by Councilmember Benson regarding what was actually being requested, Mr. Diaz responded that the applicant had been allowed additional outdoor seating for the restaurant to create ambience without being required to provide any additional parking. He added that with this particular center and parking, Council was concerned with the number of restaurants and food establishments. Councilman Kelly stated that it would be helpful for him to see a rendering of what is being proposed. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilman Crites moved to affirm the decision of the Planning Commission to deny the request for a Conditional Use Permit. Councilmember Benson seconded the motion. Councilman Wilson asked whether the parking requirements would be met with expansion of the restaurant. Mr. Diaz responded that it would meet the overall requirements for the entire center but not for the area where the restaurant is located. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council. 16 MINUTES REGULAR PALM DESER' :ITY COUNCIL MEETING FEBRUARY 28, 1991 * * * * * * * * * * * .c * * * * * * * * * * * * * * * * * * * * * * * * * E. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE TO DELETE "SUPERMARKETS" IN EXCESS OF 20,000 GROSS SQUARE FEET AS PERMITTED USES IN THE REGIONAL COMMERCIAL PC(3) ZONE. CASE NO. ZOA 90-5. Mr. Diaz reviewed the staff report, noting that staff had been instructed to process the necessary amendment as a result of the DSL project. He said the 20,000 square foot requirement would allow such stores as Trader Joe's. Upon question by Mayor Snyder, Mr. Diaz responded that this would disallow supermarkets on Highway 111. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilman Wilson moved to pass Ordinance No. 636 to second reading. Motion was seconded by Benson. Councilman Kelly stated that he did not see a reason for this ordinance and did not remember the Council taking action to direct staff to process the amendment. Mayor Snyder called for the vote. Motion carried by a vote of 3-2, with Councilmen Kelly and Snyder voting NO. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Kelly, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 7:40 p.m. ATTEST: J SHEILA R. GILLIGtkN, CIT LERK CITY OF PALM DESERT, LIFORNIA ith&eacveee-4- WALTER H. SNYDER, MAYt 17