HomeMy WebLinkAbout1991-01-10MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 10, 1991
CIVIC t.,rir i rat COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Snyder convened the meeting at 4:05 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson
III. INVOCATION - Mayor Walter H. Snyder
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Buford A. Crites
Mayor Pro-Tempore Richard S. Kelly
Councilman S. Roy Wilson (Arrived at 4:20 p.m.)
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
Paul S. Gibson, Finance Director/City Treasurer
Gregg Holtz, Acting Director of Public Works
Ramon A. Diaz, ACM/Director of Community Development/Planning
Pat Conlon, Director of Building & Safety
Frank Allen, Director of Code Compliance
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V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of December 13 and December 27,
1990.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos.
WR1117, WR1200, WR1202, and WR1209.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hotels of Distinction
California,Inc. for Sonoma Grill, 74-700 Highway 111, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Donald Keuler for Club
Paris, 74-695 Highway 111, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bighorn Golf Club for
Big Horn Golf Club, 215 Kiva Drive, Palm Desert.
Rec: Receive and refer to staff for processing of a Conditional Use Permit.
F. REQUEST FOR APPROVAL of Release of Subdivision Improvement Securities for
Tract 21338, The Starkey Company, Applicant.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk
to release said improvement securities.
G. REQUEST FOR APPROVAL of Release of Subdivision Improvement Security for
Precise Plan 85-5, Hacienda De Monterey, Charter Communities, Applicant.
Rec: By Minute Motion, accept the improvements as complete and authorize the City
Clerk to release said improvement securities.
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H. REQUEST FOR APPROVAL of Reimbursement Agreement No. 00-497 with Cook
Partners Limited for Installation of a Fire Hydrant.
Rec: By Minute Motion, authorize the Mayor to enter into Reimbursement
Agreement No. 00-422 with Cook Partners Limited for the installation of a fire
hydrant on the northwest corner of Cook Street and Country Club Drive.
I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-4.111 for
Engineering Services in Connection with the Country Club Drive/Desert Falls Parkway
Traffic Signal.
Rec: By Minute Motion, approve Change Order No. 1 to BSI Consultants, Inc. in an
amount of $2,000.
J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No.
00-49a for Seismic Strengthening and Replacement of the Roof at the El Paseo Fire
Station.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for
Contract No. 00-421 for the subject project.
K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-380 for
Additional Engineering Services - Hovley Lane Street Widening.
Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. 00-380
in the amount not to exceed $14,300.00 for additional engineering services; 2)
Authorize the transfer of $14,300.00 from Professional Service Funds (Account
110-4300-3010) to project funds.
L. REPORTS TO CITY MANAGER Relative to Art -In -Public -Places Committee and
Program.
Rec: Receive and file.
M. REQUEST FOR APPROVAL OF SPEED ZONE ESTABLISHMENT - PORTOLA
AVENUE FROM FRED WARING DRIVE TO COUNTRY CLUB DRIVE.
Rec: By Minute Motion, ratify the Traffic Engineering Study for Portola Avenue from
Fred Waring Drive to Country Club Drive maintaining the established speed
limits.
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N. REOUEST FOR THE FORMATION OF A CITY TRAILS COMNu i
Rec: By Minute Motion, approve the request and authorize the formation with
committee structure and operation as set forth in staff memo dated January 10,
1991.
O. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(AGREEMENT NO. 00-422) BETWEEN THE CITIES OF INDIAN WELLS,
RANCHO MIRAGE, AND PALM DESERT.
Rec: By Minute Motion, approve the request and authorize the Mayor to execute
Agreement No. 00-422.
P. REQUEST FOR APPROPRIATION of $5,000 for Sister City Program.
Rec: By Minute Motion, approve the request and appropriate $5,000 from the
Unobligated Reserve.
Councilmember Benson removed Items B, L, and 0 for discussion under Section IX, Consent
Items held over. Upon motion by Crites, second by Kelly, the remainder of the Consent Calendar was
approved as presented by 4-0-1 vote with Councilman Wilson ABSENT.
Councilman Kelly asked staff the estimated completion date for Hovley. Mr. Holtz responded
that it was estimated to be completed in six weeks.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
None
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For Adoption:
A. ORDINANCE NO. 620 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT, CHANGE OF ZONE, AND 58-LOT
RESIDENTIAL TRACT MAP FOR 17.6 ACRES AT THE NORTHWEST CORNER
OF FRED WARING DRIVE AND PHYLLIS JACKSON LANE. CASE NO. C/Z 90-
i
Mr. Altman stated that no changes had been made since introduction of the ordinance,
and he recommended its adoption.
Upon motion by Kelly, second by Benson, Ordinance No. 620 was adopted by a 4-0-1 vote with
Councilman Wilson ABSENT.
B. 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
(Unnecessary - Covered by Chapter 8.36).
Mr. Altman recommended that adoption of this ordinance be continued to the meeting
of February 14, 1991.
Upon motion by Crites, second by Kelly, Ordinance No. 624 was continued to the meeting of
February 14, 1991, by 4-0-1 vote of the Council with Councilman Wilson ABSENT.
C. ORDINANCE NO. 625 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, REPEALING CHAPTER 10.96 OF THE PALM
DESERT MUNICIPAL CODE RELATING TO RECREATIONAL VEHICLE
PARKING.
Mr. Altman stated that this ordinance had been tabled at the last meeting and should
not have appeared on this agenda.
Upon motion by Crites, .econd by Benson, Ordinance No. 625 was tabled by a 4-0-1 vote of the
Council with Councilman Wilson ABSENT.
D. ORDINANCE NO. 626 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ESTABLISHING A NEW SPEED ZONE ON
PARKVIEW DRIVE FROM HIGHWAY 111 TO MONTEREY AVENUE.
Mr. Altman stated this had been introduced at the last meeting and that no changes had
been made. He recommended its adoption.
Upon motion by Kelly, second by Crites, Ordinance No. 626 was adopted by a 4-0-1 vote with
Councilman Wilson ABSENT.
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E. ORDINANCE NO. 630 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.40, SECTION 8.40.050,
AND 8.40.070 OF THE PALM DESERT MUNICIPAL CODE RELATING TO
RECREATIONAL VEHICLES PARKED OR STORED ON PRIVATE PROPERTY.
Mr. Altman said no changes had been made since introduction of the ordinance, and he
recommended adoption.
Upon motion by Benson, second by Kelly, Ordinance No. 630 was adopted by a 3-1-1 vote with
Councilman Kelly voting NO and Councilman Wilson ABSENT.
F. ORDINANCE NO. 631- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT RELATING TO SIGNS. CASE NO. ZOA 90-3.
Mr. Altman stated no changes had been made to this ordinance since introduction, and
he recommended adoption.
Upon motion by Crites, second by Benson, Ordinance No. 631 was adopted by 4-0-1 vote with
Councilman Wilson ABSENT.
At this point, the .by Council considered Item A of the Agenda Addendum as follows:
ORDINANCE NO. 627 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT ACHOMIRNT
BETWEEN THE CITY OF PALM DESERT AND SUNRISE i4tar.iti PARTNERS TO
ALLOW CONSTRUCTION OFA RESIDENTIAL CONDOMINIUM/COUNTRY CLUB
PROJECT IN SECTION 11, 75S, R6E. CASE NO. PRFANNE AT7ON AND
DEVELOPMENT AGREEMENT FOR VFST7NG TT 26123,
Mr. Altman stated this ordinance had been introduced at the last meeting and
recommended adoption.
Upon motion by Kelly, second by Benson, Ordinance No. 627 was adopted by a 4-0-1 vote
with Councilman Wilson ABSENT.
IX. CONSENT 1113MS HELD OVER
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos.
WR1117, WR1200, WR1202, and WR1209.
Rec: Approve as presented.
Councilmember said she understood reimbursement for various meals for committees and
commissions. However, under "Petty Cash - Donna Bitter, Admnst." on Warrant Register
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#1202 was listed $304.21 with the description "various meals for meetings", and she
wondered what it was for. She asked that the amount be broken down to show the
various meetings.
Mr. Gibson responded that he would provide a breakdown of the amount.
Upon motion by Kelly, second by Benson, Item B was approved except for WR 1202 which was
continued to the meeting of January 24, 1991, for an explanation on a petty cash expenditure of
$304.21 for meals.
L. REPORTS TO CITY MANAGER_Relative to Art -In -Public -Places Committee and
Program.
Rec: Receive and file.
Councilmember Benson expressed concern with this and said she had understood when
the Art -in -Public -Places program was approved that Ms. Sass was assigned to handle it
on a temporary basis. She asked if this would be a lateral move for Ms. Sass and said
she could not visualize it being a full-time position. She also questioned when the current
Planning Technician would be promoted to the Planner position and when the salary
adjustment would be made.
Councilman Kelly said he understood that this required no Council action and was just
to be received and filed.
Mr. Altman responded that the move would be lateral for Ms. Sass. He added that it
was an administrative change and that staff would come back at budget time to make the
appropriate budgetary adjustments.
Mr. Diaz added that the Planning Technician would not be promoted until he completes
his probationary period, with appropriate budgetary changes made at that time.
Note: Councilman Wilson arrived at 4:20 p.m.
Upon motion by Crites, second by Snyder, the item was received and filed with no specific
approvals from the City Council by a 4-0-1 vote with Councilman Wilson ABSTAINING.
O. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING
(AGREEMENT NO. 00-422) BETWEEN THE CITIES OF INDIAN WELLS,
RANCHO MIRAGE, AND PALM DESERT.
Rec: By Minute Motion, approve the request and authorize the Mayor to execute
Agreement No. 00-422.
Councilmember Benson said she was not aware that all negotiations had been completed
on this matter and asked to be brought up to date.
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Councilman Crites said he felt he could comfortably vote in favor of the Memorandum
of Understanding if it has no legal force; however, if passing it this day meant passing
what is on this piece of paper, he said he would have to vote against it. He felt Item #4
relative to the Children's Museum was too vague and committed the City to funding
without any idea of what kinds of programs and objectives there would be, who would
be responsible for maintenance, etc., information he would like to have before
committing to any legal agreement.
Mayor Snyder explained that Council would be approving the negotiations that had taken
place and the funding mechanism only.
Mr. Altman added that in the cover letter transmitting the agreement, he could outline
the City Council's concerns with regard to the Children's Museum and that Council was
only agreeing with the funding philosophy.
Upon question by Councilman Kelly, Mr. Altman responded that the City of Palm Desert
would be paying $433,000net for everything, with Rancho Mirage paying $1.4 million and
Indian Wells paying $691,000.
Councilman Kelly said he felt it was good that the agreement stated the Children's
Museum must raise $1.4 million so that the Cities would not be funding the entire thing.
He said the YMCA had funded a large portion of its project through the donation of
He felt a Children's Museum or YMCA was a lot different from building a
sports complex; a Children's Museum would attract people from outside the community,
while the sports complex would be something to serve actual constituents of the City.
Councilmember Benson moved to, by Minute Motion, approve the request and authorize the
Mayor to execute Agreement No. 00-499 with direction to the City Manager to prepare a cover letter
for the transmittal of the agreement which would out line the City Council's concerns with regard to
the Children's Museum. Councilman Wilson seconded the motion, and it carried by unanimous vote.
X. NEW BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENT TO THE JOINT POWERS
AGREEMENT WITH SUNLINE TRANSIT AGENCY RELATIVE TO TAXI CABS.
Rec: Oral report by City Manager.
Mr. Altman stated that this item was not for action but was to update the Council only.
Councilman Kelly stated that the Sunline Board had turned the matter over to its
attorneys to coordinate with the City Attorney and that it was just a matter of revising
the Joint Powers Agreement with Sunline.
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Mr. Erwin stated that his office had reviewed and commented on the draft amendment
sent to him by Attorney Lynn Crandall and had not yet heard back from him.
Mr. Altman added that the amendment should be ready for the next Council meeting.
Councilman Wilson complimented Councilman Kelly for taking the lead on this issue of
a Valley -side taxicab ordinance and said he was glad to see the move in that direction.
No formal action was required or taken by the City Council.
B. INFORMATIONAL ITEMS:
1. Palmer CableVision Update - Consumer Protection Ordinance.
Mr. Ortega reviewed the staff report, noting that after reviewing the City of
Rancho Mirage ordinance regarding consumer protection for cable subscribers,
staff felt Palm Desert's ordinance adequately protects the consumer. However,
if Council felt more protection was needed for Palm Desert residents, staff could
prepare a consumer protection ordinance draft for review at the January 24th
meeting.
2. Update on Tri-Cities Sports Facility.
Mr. Diaz stated that Council had instructed staff at the last meeting to thoroughly
study the possibility of placing the sports fields on the Civic Center site. He said
the issue arose relative to the corporation yard. Staff did look into this and felt
both the sports facilities and the corporation yard could be incorporated on the
Civic Center site.
He reviewed proposed plans for four Bronco/Pony ball diamonds and soccer fields,
noting that staff felt there were enough lighted full-size fields in the City with Palm
Desert High School and College of the Desert. He said the plans included the
Council -requested date grove, which could contain 600 trees, depending on how
far apart they are planted. He showed overlays of 15 trees by 15 trees with either
30 foot on center and 25 foot on center.
Mr. Diaz noted that the Parks & Recreation Commission felt having the
corporation yard on the Civic Center site would be advantageous in case of a
disaster. Staff felt having it here would continue to foster the City family
atmosphere.
Upon question by Councilmember Benson, Mr. Diaz responded that the proposal
at this time was that the fields be lighted, and staff felt with current technology
any concerns by adjacent property owners could be mitigated. He noted that staff
had looked at lighting of ballfields in other cities, such as San Bernardino and
Irvine.
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Upon question by Councilman Crites, Mr. Diaz responded that staff wanted to
have Council's tentative approval before meeting with adjoining property owners
regarding the lighting of the fields. He said other than normal security lighting,
the corporation yard would not be lit.
Councilman Wilson said he would support the idea of asking staff to move forward
with design of the ballfields and also to contact adjacent r.. p4.1J owners. With
regard to the date grove, he felt the trees should not be crowded together. He
said he felt the idea was to replicate Palm Desert's history and have a date grove
that, when mature, would look much like it did in the 1920's, 1930's and 1940's.
He said that standard should be kept in mind, with location of the ballfields and
tennis courts adjusted to accommodate an adequate sized date grove.
Councilman Kelly said he felt this was the ideal place for the ballfields and that
we should move ahead as quickly as possible to convince adjacent property owners
that these lights will not affect them adversely.
Mr. Altman suggested that Council direct staff to proceed with implementation
by meeting with property owners and neighboring cities to get the project going,
since the funding issue has been resolved.
Mayor Snyder agreed that this was an ideal spot for ballfields. He added that he
would take the matter to the Civic Center Committee for review.
Mr. Diaz proposed that staff go out, check lights in other cities to make sure they
meet Palm Desert's standards, and even rent a bus if necessary to visit these other
cities.
Councilman Crites agreed.
With regard to the date grove, Mr. Diaz asked whether Council wanted it to be
30 foot on center or 25 foot on center. Mayor Snyder responded that Mr. Diaz
should discuss the particulars with Councilman Wilson.
3. Status Report on Address Program.
Mr. Conlon stated that this was just for Council information and that no action
was required. He offered to answer any questions.
Associate Transportation Engineer Seyed Safavian showed examples of block
identification signs and said staff could come back with more information relative
to cost, etc.
Councilman Crites said he felt it was very important that the block identification
numbers be large enough for people to see them easily.
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Councilman Kelly said he felt that where the City's logo looked great on a pin or
plaque, it would be better not to have it on the street signs. He said having the
number large enough to be seen easily was far more important than having the
City's name.
Councilmembers Benson agreed and said she liked example #2 as shown by Mr.
Safavian. Councilman Kelly agreed.
With regard to Item #2 of the staff report regarding enhanced building addresses,
Councilman Crites suggested trying to find a semi -uniform height on the buildings
for numbers to be displayed.
Mayor Snyder said there had been problems in the past telling people where to
put their building numbers, and he asked Mr. Conlon to check into this matter.
Mr. Conlon stated that the Chamber of Commerce was very much against an
ordinance requiring a retrofit. He said the program for the building addresses was
being tried on a voluntary basis at this time. With regard to height of numbers,
he said the idea was to have address numbers displayed so that motorists driving
down El Paseo looking out their windshields can see the addresses on the
buildings.
XI. CONTINUED BUSINESS
A. REOUEST FOR APPROVAL of Design Contract for Civic Center Corporation Yard.
Mr. Altman stated that this item had been held over from the last meeting because of
the issue relative to the baseball fields.
Councilman Wilson moved to, by Minute Motion, authorize staff to enter into binding
negotiations with the existing architect to define the detail scope of work, fees, and schedule for the
design of the Corporation Yard and related facilities. Councilmember Benson seconded the motion,
and it carried by unanimous vote.
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF MASSAGE ESTABLISHMENT PERMIT FOR
GERARD ALEXANDRE, 73-990 EL PASEO, BY DR. THOMAS P. SCARINCI, PH. D.
Mayor Snyder stated a letter had been received from the applicant requesting that this
matter be postponed.
Upon motion by Crites, second by Benson, the item was continued indefinitely by unanimous
vote of the City Council.
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B. REQUEST FOR APPROVAL OF ROUGH GRADING PLAN FOR
WESTINGHOUSE DEVELOPMENT HILLSIDE LOTS.
Associate Planner Phil Joy reviewed the staff report. Upon question by Councilmember
Benson, he said the grading plan did not include the three lots that were previously held
back.
Councilman Crites commented that in the agreements implementing all of this, he felt
it was important to hold the pad elevations down as low as possible. He questioned the
paragraph of the staff report regarding the location of reservoir sites 140 feet higher than
the highest lot and asked if the Coachella Valley Water District would abide by the same
type of design criteria as Westinghouse.
Mr. Diaz responded that if a requirement was placed on the applicant relative to
placement and grading of the tanks, he was sure the Coachella Valley Water District
would have no problem with it. He said it should be the responsibility of Westinghouse,
and the City would have greater control.
MR. DAVID CRAIN, Vice President of Westinghouse Desert Communities, agreed and
said Westinghouse would commit to that.
Councilman Crites commended staff and said Mr. Joy had done a good job.
Mayor Snyder said he felt this project was a good example of cooperation between staff
and developer. He said he wished to publicly commend staff and the developer for their
willingness to work together to develop a project everyone can be proud of.
Councilman Crites moved to, by Minute Motion, approve the rough grading plan for hillside lots
provided that Westinghouse provides a plan prior to the meeting that implements oral commitments.
Councilman Wilson seconded the motion, and it carried by unanimous vote.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
Upon motion by Crites, second by Benson, and unanimous vote of the City Council, the
following items were added to the agenda for consideration:
1. Fd Paseo Skylights,
Mr. Diaz reviewed the staff report and offered to answer any questions.
MR. DALE HEER, President of the Palm Desert Art Gallery Association, said
he had contacted the President of the Palm Desert Property Owners' Association
and said he was thrilled that this was going to be done. He said the first gallery
walk was scheduled for February 7, 1991, from 6:00 p.m. to 10:00 p.m. There
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would be a maximum of 12 skylights along El Paseo from 6:00 p.m. to 9:00 p.m.
He said if there were no objections received after the February date, another walk
had been scheduled for March 7th.
MS. CONNIE KATZ, El Paseo Business Improvement Area Board, said the
merchants wanted to have the gallery walk every month to bring people to all the
stores on El Paseo.
Mr. Heer added that there were currently 16 members of the Association and that
other galleries were encouraged to join. He said they really wanted to make Palm
Desert a national art center, and this was one of the first steps.
Councilman Kelly said an effort was started some time ago to get the gallery
owners together. Even though there were concerns in the past with light, he felt
this was the kind of thing that was really upscale, would help all the merchants
on El Paseo, and would be an excellent attraction for the tourist business, hotels,
etc. He said he could not see anything but good coming from this event.
Councilman Kelly moved to approve the request from the Palm Desert Gallery Owners'
Association for use of skylights between the hours of 6:00 p.m. to 9:00 p.m. on February 7, 1991, and
March 7, 1991, with the second date's approval contingent upon there being no problems of criticisms
after the use on February 7th. Motion was seconded by Benson.
Councilman Wilson said he appreciated what the Galley Owners' Association was
attempting to do and that he would support approval of this request for the
February 7th date, with subsequent review at the first Council meeting in February
to be sure everything goes okay and that it is upscale before granting approval for
March 7th.
Mr. Diaz added that the Gallery Owners' Association should have the party
responsible for placing the skylights contact the Public Works Department to make
sure the lights are not blocking intersections, etc. He added that an encroachment
permit would be needed.
Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council.
2. Participation in CVAQ Joint Waste Reduction and Recycling Element.
Mr. Altman reviewed the staff report from John Wohlmuth and offered to answer
any questions.
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Councilman Crites commended Mr. Wohlmuth and Councilman Kelly and said that once again
Palm Desert in on top and leading the Valley in the recycling effort. He moved to, by Minute Motion,
affirm the commitment to participate in a CVAG joint program to retain a consulting firm for
preparation of the City of Palm Desert Source Reduction and Recycling Element in accordance with
AB 939 and to appropriate $50,000 from the Unobligated General Fund budget reserve to project
budget. Councilman Kelly seconded the motion, and it carried by unanimous vote of the Council.
3. AB 2296 Method of Completing Count+ -wide Review Process for TraNsfer
Facilities and Material Recovery Facilities (MRF's).
Mr. Altman reviewed the staff report and recommendation.
Councilman Crites moved to waive further reading and adopt Resolution No. 91-1 and
Resolution No. 91-a, allowing the Riverside County Solid Waste Advisory Council (Local Task Force)
to act as the review and comment board for transfer facilities and material recovery facilities (MRF's)
serving one jurisdiction and more than one jurisdiction. Motion was seconded by Wilson and carried
by unanimous vote of the Council.
B. CITY ATTORNEY
Dave Erwin requested a Closed Session when appropriate.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Discussion on Regulating Leaf Blowers in the City (Councilmember Jean M.
Benson).
Councilmember Benson stated that people were still complaining about leaf
blowers in the City; she felt staff should look at the ordinance banning leaf
blowers in Indian Wells to determine its success and once and for all put the
issue to rest.
Councilman Wilson added that this issue was not included as part of the
AQMD's PM10 study because research indicated it was insignificant compared
to other sources; however, he said there were other air quality considerations
with gas operated blowers which were being addressed by the State Air
Resources Board. Also, as part of the 1989 Clean Air Act was a plan by the
Air Quality Management District to phase out this type of gardening
equipment. He agreed with Councilmember Benson that staff should assess
the success of the Indian Wells ordinance. He added that people seem
reluctant to go back to using brooms to clean their sidewalks and said we need
to be careful of people abandoning leaf blowers and using hoses to wash
down their sidewalks. He also suggested holding a forum of interested
residents to see what kind of ordinance Palm Desert might come up with.
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Council concurred with direction to staff to review Indian Wells ordinance and determine its
success as well as consider holding a forum of interested residents to discuss the potential of having
a Palm Desert ordinance restricting this use.
2. League of California Cities.
Councilman Kelly asked that he be appointed as one of the Council
representatives to work on the "Operation Budget Freedom" with the League
of California Cities. In addition, he asked for one other Councilmember to
meet with Mr. Ortega and the City Manager to plan a strategy. Mayor Snyder
volunteered.
3. Discussion of Traffic Problems on Mesa View Drive (Councilman S. Roy
Wilson).
Councilman Wilson expressed concern with traffic on Mesa View and people
driving too fast, especially in the area of Highway 74. He said staff had
investigated and found it did not meet warrants for installation of traffic
controls. He was concerned with safety of school children, particularly in the
afternoons walking along the sidewalk with vehicles speeding by.
He asked that staff be directed to investigate how many tickets have been issued on Mesa View,
how many police hours of patrol have been spent, and the possible installation of four-way stop signs
at Summit View, Prairie, and Alamo. Council concurred.
4. Palm Desert Community Calendar (Councilman Buford A. Crites).
Councilman Crites said he felt the quality of this year's community calendar
was not what it should be in terms of photos, clarity, etc. He suggested having
this as a bid item for next year to make sure we get the right kind of quality.
He felt it did not even compare with the calendar from two years ago.
Councilman Wilson commented that he felt it was a marked improvement over
last year's.
Councilman Kelly said he had discussed with several different people the
possibility of including a photo of a piece of public art for each month of the
year; if there are not enough for the entire year, perhaps use photos of
artwork that has been approved and is waiting to be placed.
With Council concurrence, staff was directed to investigate the possibility of getting bids for the
production of the calendar next year in that complaints have been received about this year's publication
with regard to type of photos used, the quality of those photos, and the overall appearance of it.
Councilman Kelly suggested photographing each piece of public art in place for use on pages next year,
and if there are not enough for an entire year, use photos of approved art waiting to be placed.
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o City Council Committee Reports:
Sidewalk Surfaces (Councilman Buford A. Crites)
Councilman Crites stated that he had received a request for the upper end of
Highway 74 along the Westinghouse project to be allowed to use concrete in one
area of sidewalk and desert hardscape in another area. He said this was not
currently allowed and asked that staff look into this matter.
With Council concurrence, staff was directed to investigate the possibility of allowing developers
to use different types of sidewalk surfaces than cement such as desert hardscape.
o Child Care Coordinator (Councilmember Jean M. Benson)
Councilmember Benson updated Council on the Housing Committee of CVAG.
She said the Child Care Coordinator had been hired, had met with the TAC
Committee on Monday, and would be going out into the community to start
formulating the plan authorized through CVAG to be conducted. She said the
Coordinator had done this same type of thing in Ventura County and would be
an asset to get this project moving forward.
XIV. ORAL COMMUNICATIONS - B
None
Mayor Snyder adjourned the meeting at 5:43 p.m. to Closed Session pursuant to Government
Code Section 54956.9 (a), pending litigation (Ott vs. Palm Desert re: Haystack Greenbelt, Lavalle vs.
Palm Desert re: Indian Springs Mobile Home Park), and (b), potential litigation.
Mayor Snyder reconvened the meeting at 7:00 p.m. and introduced the delegation from Palm
Desert's Sister City, Osoyoos, British Columbia, Canada.
Councilman Kelly presented the Mayor of Osoyoos with the official document declaring Palm
Desert and Osoyoos as Sister Cities.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
MR. DAN EHRLER, Executive Vice President of the Chamber of Commerce, advised the City
Council that the new Resort Express shuttle service would be inaugurated at the Living Desert
Reserve the next day at 11:45 a.m. and invited everyone to attend.
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XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION BY STEVE SIMS, PRESIDENT OF THE PALM SPRINGS CYCLE
SPORT CLUB ON THE COACHELLA VALLEY REGIONAL BIKEWAY SYSTEM
APPROVED BY THE RIVERSIDE COUNTY PLANNING COMMISSION.
Mr. Sims presented the approved bikeway plan and offered to assist the City in any way
that he could in implement its program.
Upon question by Councilman Wilson, Mr. Diaz responded that the City of Palm Desert's
bikeway plan was consistent with the regional bikeway system.
Wilson asked whether the Council had discussed appointments to the City Trails
Committee when approving formation under the Consent Calendar (Item N) and when
the appointment would be made. He suggested consideration of Mrs. Janet Abrams who
had been involved in the Rancho Mirage trails and Mr. Steve Sims or someone else from
the Palm Springs Cycle Sport Club to make sure we have coordination with the Valley -
wide effort.
Mr. Altman responded that the Mayor could either appoint the Committee or the
appointments could be placed on the next Agenda.
Mayor Snyder said he had no problem with Wilson's suggestion and asked that staff and the
Council submit suggestions for other possible members, with appointments to be placed on the next
agenda for approval. Council concurred.
B. REOUEST FOR APPOINTMENTS TO THE EL PASEO IMPROVEMENT AREA
BOARD OF DIRECTORS.
Councilman Crites moved to appoint Joan Towne, Jacques Sellam, Gloria Greer, Connie Katz,
Carl Wehrli, Margie Schag, Gale Koch, Rosemary Troy, and Jim Struck to new three-year terms;
appoint Martin M. Koffman to fill the vacancy created by the resignation of Tom Hogan.
Councilmember Benson seconded the motion, and it carried by unanimous vote.
XVIII. PUBLIC HEARINGS
A. CONTINUED JOINT PUBLIC HEARING WITS REDEVELOPMENT
AGENCY TO CONSIDER AMENDMENT NO. 6 AND AMENDMENT NO. 7 TO
THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. 1, AS
AMENDED. (Continued from the Meeting of December 13, 1990).
Chairman Snyder reconvened the Redevelopment Agency at 7:15 p.m. for the purpose of
considering this item jointly with the City Council.
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Mayor/Chairman Snyder noted that this public hearing was still 9pen, He stated that the
purpose of the joint hearing was to consider proposed Amendment Nos. 6 and 7 to the
Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, of the Redevelopment
Agency, the Negative Declarations prepared in connection with Amendment Nos. 6 and 7, and
the proceedings relating thereto.
Mr. Ortega gave a summary of proposed Amendment Nos. 6 and 7. He noted that a
letter had been received from the County of Riverside raising many of the same points
raised in an earlier letter of objection and that staffs response was included in the
packets.
Mayor/Chairman Snyder invited testimony in FAVOR of or OPPOSED to this matter. No
testimony was offered.
Mr. Ortega stated that one other item that needed to be discussed was the letter received
December 13, 1990, (included in the packets) from the Coachella Valley Water District
(CVWD) regarding the existing pass -through agreement. He said if there were any
objections, they needed to be raised at this time. He noted that staff was requesting that
improvements to the Whitewater Channel be included in the Plan as part of the response
to the written request from CVWD.
Mr. Ortega asked if there was anyone present who wished to address this issue. No testimony
was offered.
Mayor/Chairman Snyder declared the public hearing gland,
Councilman Crites moved to:
1. Waive further reading and adopt City Council Resolution No. 91-1, adopting
written findings in response to written objections and suggestions in connection
with proposed Amendment No. 6 and proposed Amendment No. 7 to the
Redevelopment Plan, As Amended, for Project Area No. 1, As Amended.
2. Waive further reading and adopt Agency Resolution No. 24Q, approving
proposed Amendment No. 6 to the Redevelopment Plan, As Amended, for
Project Area No. 1, As Amended, and the Negative Declaration prepared in
connection therewith.
3. Waive further reading and adopt City Council Resolution No. 91-2, approving
proposed Amendment No. 6 to the Redevelopment Plan, As Amended, for
Project Area No. 1, As Amended, and the Negative Declaration prepared in
connection therewith.
4. Waive further reading and pass City Council Ordinance No.$ to second
reading, approving and adopting Amendment No. 6 to the Redevelopment
Plan, As Amended, for Project Area No. 1, As Amended.
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5. Waive further reading and adopt Agency Resolution No. 2_1j,, approving
proposed Amendment No. 7 to the Redevelopment Plan, As Amended, for
Project Area No. 1, As Amended, and the Negative Declaration prepared in
connection therewith.
6. Waive further reading and adopt City Council Resolution No. 91-2, approving
proposed Amendment No. 7 to the Redevelopment Plan, As Amended, for
Project Area No. 1, As Amended, and the Negative Declaration prepared in
connection therewith.
7. Waive further reading and pass City Council Ordinance No. CO to second
reading, approving and adopting Amendment No. 7 to the Redevelopment
Plan, As Amended, for Project Area No. 1, As Amended.
Councilman Wilson seconded the motion, and it carried by unanimous vote of the Council and
Agency Board.
Chairman Snyder recessed the Redevelopment Agency meeting at 7:25 p.m. until adjournment
of the City Council meeting.
B. REQUEST 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 Meeting of December 13, 1990.)
Mr. Diaz reviewed the staff report, noting that this matter was continued to allow staff
and the applicant to work out revisions to the plan that would provide something
different and imaginative in terms of this particular development. He stated that the
supermarket use had been dropped and that there were changes in the design of the
buildings and tenant improvements. He said there had been some feedback in terms of
the plot plan and architectural design of the buildings, which the applicant would address.
He said staff continued to recommend approval as indicated in the staff report.
Councilman Crites asked if there was anything that tied the zoning of this property to
the plan and whether a development agreement would ensure that what is approved is
what goes in.
Mr. Diaz responded that there was nothing to prevent someone else from coming in with
a different design.
Councilman Wilson said the project was being sold on the idea that there are some very
attractive tenants proposed to go into it, and he asked what guarantee there was that the
plan would go through with these tenants. Mr. Diaz responded that there was nothing
to guarantee it.
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Councilman Kelly asked if there was anything that could be written into a development
agreement to assure that the tenants being considered are the ones that will in fact be
there.
Mr. Erwin responded that it could be done by the development agreement but that it
must be done very specifically so that it is not an invalid condition.
Mayor Snyder noted this public hearing was still open and invited testimony from the applicant.
MR. WENDELL HINDLEY, representing the applicant, said he had met with staff
regarding uses, layout, parking, etc., and had come up with a plan satisfactory to staff.
He said the Architectural Review Commission had approved the architecture; however,
if it was not what the Council wanted, the applicant was willing to work with staff to
provide whatever would be satisfactory to the Council. He noted that the applicant had
tried to provide a different tenant mix with Mervyn's, Silo, Bookstar, etc.
Upon question by Councilman Kelly relative to whether a lease had been signed by
Mervyn's, Mr. Hindley responded that the applicant had a sale with Mervyn's and was
negotiating a development agreement with them. He added that they had leases with
Silo and Bookstar.
Councilman Crites stated that one of the Council's concerns was that this proposal does
not have any excitement. He said he had visited a new mall just east of Scottsdale,
Arizona, which had included a lot of different and unique things to bring people in and
make them want to stay, and he suggested that the applicant look at this project. He
added that the architecture needs to consider innovative uses for space.
Councilman Wilson said he had met with the applicant to review the renderings and
expressed concern that this was another cookie cutter example of the 111 Town Center
project. He asked if the applicant had any new ideas with him at this time.
Mr. Hindley responded that the applicant was willing to work with the Architectural
Review Commission on the facade and architectural treatment to provide whatever the
Council wished.
Councilmember Benson said she thought the applicant would be returning to this meeting
with ideas for unique features that could be included in the project; however, all that had
been done was to remove the supermarket, and she did not see anything different that
what was shown previously.
Mr. Hindley responded that the architecture was not .brought up at the last meeting, only
issues dealing with parking and with unique uses that would bring people to Palm Desert.
MR. RON GREGORY, landscape architect for the project, reviewed the proposed
landscaping, noting that the intent was not to handle a maximum number of people in
the three public space areas but was for smaller groups of people who do not want to
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mbe around a lot of other people. He added that each of the areas would accommodate
approximately 20 people comfortably.
Mayor Snyder invited testimony in FAVOR of this project. None was offered. He invited
testimony in OPPOSITION to the project.
David Evers, 72-451 Manzanita, asked whether approval of the project would
automatically cul-de-sac Parkview. He also expressed concern with the air conditioning
and trash compactors, noting that they had inside locations in the previous plans.
Mr. Hindley responded that all conditions placed on the project would still be in effect.
Mr. Holtz added that with regard to the cul-de-sac, it would be done at the southerly end
of Joshua Road.
With no further testimony offered, Mayor Snyder declared the public hearing closed.
Council Discussion:
Crites: Felt it would be appropriate for City staff and the City Attorney to work with
the developer to include a condition relative to requiring specific tenants by name or
comparable worth value. He suggested that two Councilmembers visit the Scottsdale,
Arizona, project previously mentioned and then sit down with the applicant and his staff
to brainstorm ways to make this project exciting.
Kelly: Felt naming particular companies as tenants was probably not appropriate but felt
some kind of wording needed to be included requiring that a new tenant be comparable;
if a tenant is changed, Council would have the opportunity to approve or disapprove said
change. This would keep it at the level the citizens of Palm Desert want. Felt the
developer had addressed concerns expressed at the last meeting and that this was an
opportunity to provide something the citizens of Palm Desert have asked for. If
conditions could be placed as discussed at this meeting, the project should move ahead.
Wilson: Said he was still looking for the "wow"and had not found it in this project. Said
the Council was being asked to make a major decision to amend the General Plan and
change the zone, and a good reason was needed to do so. Said if Council could see some
pictures or if there was some way to continue this matter to be sure Palm Desert gets
a "wow"project, he would like to see the project move forward.
Snyder: Said he was tired of looking at this blank piece of property. Liked the
landscaping, the treatment to the two corners, the plaza in the middle, the number of
trees, and the effort the applicant had made to provide a beautiful project. Felt the
project was a long time coming and said he was ready to go ahead with it.
Wilson: Said he was unhappy with the architecture and having the same mold of
mediterranean look from corner to corner. Asked if this was something the Architectural
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Review Commission is comfortable with or it if was inherent in the development of Palm
Desert.
Mr. Diaz responded that he felt the Commission had become comfortable with the
particular look. Also, the charge to the Architectural Review Commission was not to
come up with something unique but rather to have something be compatible. If Council
wishes to change that, the Commission needs to be advised not to be afraid to be a little
more imaginative. Felt Councilman Crites' suggestion to appoint a subcommittee,
including some members of the Architectural Review Commission, to look at the
architectural design and also the lease issue was a good one. This could be placed as
a condition of the Precise Plan.
Kelly: Felt now was a good time to appoint a subcommittee of two representatives from
the Architectural Review Commission and two Councilmembers to work with staff on
this project and work towards something different from what we have. He added that
he liked the indian pueblo type of architecture.
Councilman Kelly moved to, by Minute Motion, move ahead with the project with added
conditions relative to appointment of a subcommittee to include representatives from the Architectural
Review Commission and City Council to work with staff to come up with something different and also
look at other ways to attract high level customers to the project. Motion was seconded by Snyder.
Upon question by Crites, Mr. Diaz confirmed that approval of the Precise Plan would
approve the location of the buildings and take away the ability to move anything around.
Councilmember Benson agreed that this project did not have any exciting features and
was not in favor of approving it until seeing what the architecture will look like and
where the buildings will be located. She said she still liked the lot and that it was okay
with her to keep it the way it is now.
Mr. Diaz stated there had been a great deal of discussion between the applicant and
homeowners and that if the main concern was the bad location of the buildings, he felt
something could be worked out.
Upon question by Councilman Wilson, Mr. Erwin responded that it was his suggestion,
because of concerns expressed with regard to tenant usage, etc., that the Council hold
second reading of the ordinance for the zone change and the plot plan until conditions
can be rewritten. He suggested a motion to continue the matter.
Mr. Diaz said that if this matter was going to be continued, he would suggest continuing
it for one month and appointing the subcommittee to work with staff and the applicant
on specific details and concerns while he and the City Attorney work on the wording of
the conditions of approval.
Mayor Snyder called for the vote on Kelly's motion. Motion was defeated by a 2-3 vote, with
Councilmembers Benson, Crites, and Wilson voting NO.
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Mayor Snyder reopened the public hearing.
Councilman Wilson moved to continue the item for one month, appoint a subcommittee of two
members of the City Council, two members of the Architectural Review Commission, and staff to meet
with the applicant and work vigorously in attempting to identify some of kind of architectural space
and creative environment that will make the project worthy of a change of zone and general plan
amendment. Councilman Crites seconded the motion, and it carried by a 3-2 vote with Councilmen
Kelly and Snyder voting NO.
Subsequent action included the appointment of Councilmen Wilson and Kelly as the City
Council representatives to the subcommittee. Mr. Diaz said he would ask the Chairman
and Vice Chairman of the Architectural Review Commission to participate.
C. REQUEST 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.
Mr. Drell reviewed the staff report, noting that this was Site #4 of the original Ahmanson
proposal approved by Council last year. He said the reur�.tJ had been sold by
Ahmanson to a company called Enjoy Development. He said Enjoy was asking to be
released from the condition reserving a depth of 100 feet along Fred Waring Drive for
professional office use only and wanted the entire project to be retail. He said one
resident from Fairhaven had attended the Planning Commission hearing and requested
that the landscaping and palm trees be no higher than the walls. He noted that Mr. Ben
Pickell had requested that a pedestrian access be included because he uses the lot as a
shortcut to the Palm Desert town Center and that the applicant had agreed to have such
a condition added. He said the project would include commercial recycling; included in
every lease would be a program of implementation and collection from the tenants to
facilitate recycling on the site. He reviewed the proposed access to the project.
Councilman Kelly said that what makes a recycling program successful is good publicity
and education. He suggested combining Public Works conditions #5 and #12 into one.
Upon question by Councilman Crites relative to right turn access on Town Center Way
and how far down the street the curb would have to be painted red, Mr. Drell responded
that it was the opinion of the Fire Marshal that in order for the snorkel truck to turn into
the project, all parking on the street would have to be eliminated, with red curbs 50 to
100 feet. That was the main reason for a new left turn cut on Fred Waring Drive.
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Councilman Crites said he was not very enthused about putting another left turn lane on
Fred Waring and felt it could be eliminated by putting a fire access on Town Center
Way. With regard to the south end of the site, he asked if there had been any
discussions with the Palm Desert Town Center about removing the entire wall and having
the entire project flow through, with vehicles not having to go out of the Town Center
and then into the other project.
Mr. Drell responded that was one of staffs first suggestions was to merge the parking
lots; the applicant noted there would be a problem with the grade differential, and there
was no enthusiasm on the part of the Palm Desert Town Center to intermingle the traffic.
Mayor Snyder declared the public hearing open and invited testimony in FAVOR of this
request.
MR. LYNN CRANDALL, representing Jerry Chazan, owner of the building on Fred
Waring Drive and Fairhaven, spoke in favor of the project but asked whether there would
be red curbs down Fairhaven. He said the original plan was for fire access to be on
Fairhaven. Having it on Fred Waring Drive instead would mean that there was no need
for any red curb painting on Fairhaven.
Mr. Drell responded that he was correct.
MR. BOB WHITNEY, Enjoy Development, said he had contacted the Palm Desert Town
Center people and asked for cross access between the two parcels, and there was no
agreement to do so. He added that it was his understanding that there might be some
interest on the part of the City to sell the Fire Station site. He said if a deal could be
negotiated, this project had been designed in such a way that there could be access from
the current Fire Station left turn into the project. He said he had made a proposal some
time ago but that it had not gone anywhere as of yet.
Upon question by Crites, Mr. Whitney responded that if the Fire Station issue does not
move forward, he would be happy with the project the way it is.
MR. MARVIN EAVES spoke on behalf of the Fire Department and explained the
difficulties with the snorkel truck accessing the project, noting that the truck was 52 feet
long.
Mayor Snyder invited testimony in OPPOSITION to this request. The following were opposed
because of concerns about increased traffic, increased crime, obstruction of view, wanted
professional offices rather than commercial, and did not want people parking on their streets
and using the pedestrian access to go to the shopping center:
MS. LYDIA RUEDA, 72-765 Sonora Drive, Palm Desert.
MR. KEVIN HENRY, 44-168 Fairhaven, Palm Desert.
MR. MARVIN BROWN, 44-136 Fairhaven, Palm Desert.
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Mr. Whitney responded that the applicant had not wanted a pedestrian access but had
agreed to provide one at the request of one of the neighbors. With regard to the
Fairhaven side of the project, he said the development agreement allowed a height of
30 feet maximum. Based on concerns noted by staff, the height had been dropped down
to 18 feet; Planning Commission had approved 20 feet maximum. He added that it was
not the desire of the applicant to go any higher than that.
Mr. Diaz stated that with regard to the issue of sight distance for the left turn at Fred
Waring and Fairhaven, this matter would be brought to the Traffic Committee meeting
on Friday, January llth.
Upon question by Crites relative to building heights of the homes on the east side of
Fairhaven, Mr. Diaz responded that the newer homes were 18 feet.
Mr. Drell added that the offices were 18 feet, and the towers were from 21 or 22 feet.
He said plans for this project were for a height of 18 feet. The Planning Commission,
in a desire to try to attract a certain tenant who wanted a minimum of 20 feet ceiling,
left open the possibility of going up to 20 feet if a tenant required it. He said this
recommendation was not one necessarily supported by staff nor asked for by the
applicant.
Upon question by Mr. Henry, Mr. Drell responded that the wall on Fairhaven would be
six feet high, the same height as the Town Center wall along Fairhaven. He added that
at its closest, the building was 25-26 feet from the wall.
Mayor Snyder declared the public hearing closed,
Council Comments/Questions:
Benson: Said she remembered how difficult it was to get this corner zoned office
professional so this type of situation would not happen. Felt Fred Waring should be the
office professional entrance to Palm Desert, and this was what she was afraid would
happen if it was zoned commercial retail. Said she felt this did not enhance the corner
at all.
Wilson; Liked the architecture and said he wished staff had given the same advice to
the DSL applicants about the architecture.
Kelly: Said he did not think it would look the same when it is full of commercial signs.
Was surprised at the building on the corner and wondered how it got through the
Planning Commission. Felt a parking lot on this corner would look better than a
building.
Benson: Was also concerned with the Palm Desert Town Center not having access into
this when they are contributing to the People Mover project.
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Mr. Drell responded that they were not objecting to people walking from the Town
Center into this project.
Mayor Snyder added that the Town Center was concerned that its parking was already
being stretched and would only get worse if access was opened up between the two
projects.
Crites: Said would like to see people able to move from one center to the other without
having to go out onto Town Center Way and then back in to the other project.
Mr. Diaz suggested adding a condition to the Precise Plan for reciprocal access
easements.
Councilman Crites felt it would be easier to ask staff to discuss this with the Town Center
people instead.
Upon question by Councilman Kelly relative to a fire crash gate in the middle of the
Fairhaven side, Mr. Drell responded that there was no crash gate in this plan; because
of the left turn, the Fire Department did not need the crash gate.
Councilman Wilson moved to waive further reading and adopt Resolution No. 91-6, approving
PP 90-23, subject to conditions. Motion died for lack of a second.
Councilman Crites said the issues before the Council dealt with the building on the
corner of Fred Waring and Town Center Way, Palm Desert Town Center reciprocal
access, pedestrian access to the Town Center, height of berming/landscaping along Fred
Waring Drive needs to be in there to cover the parking, and whether another left turn
cut needs to be on Fred Waring Drive.
1) With regard to the issue of office professional versus retail, Mr. Diaz stated that
he had discussed this with the City Attorney, and the City cannot require the
building to be there and be office professional.
Councilman Kelly said he was not trying to force anyone to put in office
professional. He did not think a building should be there at all; it should be back
away from the corner.
Councilmember Benson said her personal feeling was that it would be better to
have an office professional project on the corner. She said she could see the
possibility of changing the whole thing to retail commercial if there was an access
to the main Town Center, and parking could be in the middle of this project.
Councilman Wilson said he liked the looks of the building and felt it looked nice
on the corner.
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JANUARY 10, 1991
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2) With regard to the pedestrian gate, Mayor Snyder said he felt the Council needed
to consider the citizens along Fairhaven more than just one person.
Councilman Kelly said he felt it would be far better not to have any walkway from
Fairhaven in the interest of both security and the blight of cars parking there.
Council concurred.
3) With regard to a left turn cut on Fred Waring Drive, Councilman Wilson said he
had not initially liked the idea when he read the staff report; however, after
hearing staffs presentation, he said he could live with it if it is only ingress, with
no left turn egress from the project onto Fred Waring.
Council concurred.
4) With regard to the issue of reciprocal access, Councilman Kelly felt there should
be a way to allow vehicles access from one site to the other without requiring that
they go out onto the street.
Mayor Snyder said he did not disagree but in looking at the layout, felt the
developer and the Town Center people would have to get together to work this
matter out. He felt the design would have to be changed.
Councilman Crites moved to continue the item for one month to give the City Council and staff
an opportunity to look at the project's access and other concerns raised by the City Council.
Councilman seconded the motion, and it carried by unanimous vote.
Councilman Crites asked the applicant to mark the locations of the proposed buildings
with green stakes at the four corners of Building A and pink stakes at the four corners
of Building A of Option B.
XIX. ORAL COMMUNICATIONS - D
None
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MINUTES
REGULAR PALM DESERT r 'Y COUNCIL MEETING JANUARY 10, 1991
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XX. ADJOURNMENT
Councilman Crites moved to adjourn to Closed Session pursuant to Government Code Section
54956.8, Real Property Transactions, 54956.9(a) and (b), Pending and Potential Litigation.
Councilmember Benson seconded the motion, and it carried by unanimous vote. Mayor Snyder
adjourned the meeting to Closed Session at 9:35 p.m. He reconvened the meeting at 10:55 p.m.
and immediately adjourned announcing no action.
ATTEST:
SHEILA R. GPI, CITY.ERK
CITY OF PALM ESERT, IFORNIA
at-e-ii,6"(—
WALTER H. SNYDER, MAYOR
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