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HomeMy WebLinkAbout1991-11-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:05 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 (arrived at 4:10 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. Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Paul Gibson, City Treasurer/Finance Director Phillip Drell, Senior Planner David Yrigoyen, RDA Administrative Assistant John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 24, 1991. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 . * . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR1001, WR1008, WR1010, WR1014, and WR1016. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chi Hung Ho for China Garden Restaurant, 73-196 Highway 111, Palm Desert. Rec: Receive and refer to Department of Community Development for processing of Conditional Use Permit. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hardy & Petrakis, Inc. for 40's Again, 72-990 El Paseo, Palm Desert. Rec: Receive and refer to Department of Community Development for processing of Conditional Use Permit. E. CLAIM AGAINST THE CITY (#1801 by Peter Scialdone in the Amount of $400. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. F. CLAIM AGAINST THE CITY (#1811 by Attorney Mark J. Sullivan on Behalf of Frances McBride in an Unspecified Amount. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. G. RESOLUTION NO. 91-121 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (August, 1991). Rec: Waive further reading and adopt. H. RESOLUTION NO. 91-122 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (September, 1991). Rec: Waive further reading and adopt. I. MINUTES of the Regular Civic Arts Committee Meetings of July 15 and September 16, 1991. Rec: Approve as presented. 2 REGULAR PALM DESERT t _ Y COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * *—* * * * * * * * * * * J. REOUEST FOR AWARD OF CONTRACT for the Maintenance of Presidents Plaza Parking Lots (Contract No. 00-573). Rec: By Minute Motion, award the contract for the subject project to Arrowhead Landscape and Maintenance, Inc. in the amount of $5,700.00 ($475.00 per month). K. REOUEST FOR APPROVAL of Change Order No. 2 to Contract 00-420 for NBS/Lowry for Master Drainage Plan. Rec: By Minute Motion: 1) Approve Change Order No. 2 to Contract 00-420 for NBS/Lowry to move contingency to base in the amount of $10,899.63; 2) continue the Master Drainage Plan matter to the City Council meeting of December 12, 1991. L. REOUEST FOR APPROVAL of Change Order No. 2 to Contract 00-523 with Avant Gardens for Water Efficient Landscape Guidelines. Rec: By Minute Motion: 1) Approve Change Order No. 2 to Contract 00-523 in the amount of $1,250.00 for additional services; 2) appropriate an additional $1,250.00 from the unobligated general fund budget reserve to the project budget. M. REOUEST FOR RELEASE of Subdivision Improvement Securities for Tract 23681 (Pomona First Federal, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subdivision improvement securities for this project. N. REOUEST FOR APPROVAL of Final Tract Map 27301 (Westinghouse Desert Communities, Applicant). Rec: Waive further reading and adopt Resolution No. 91-123, approving Tract Map 27301. O. REOUEST FOR APPROVAL of Final Tract Map 27228 (Westinghouse Desert Communities, Applicant). Rec: Waive further reading and adopt Resolution No. 91-124, approving Tract Map 27228. P. REOUEST FOR APPROVAL of Final Tract Map 23940-1 (Robert B. Varner, Applicant). Rec: Waive further reading and adopt Resolution No. 91-125. approving Tract Map 23940-1. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REOUEST FOR APPROVAL of Final Tract Map 25711 (Palm Desert El Dorado, Ltd., Applicant). Rec: Waive further reading and adopt Resolution No. 91-126, approving Tract Map 25711. R. REOUEST FOR CONSIDERATION of Sister City Employee Exchange. Rec: By Minute Motion, approve the selection of the ACM/Director of Public Works as the Palm Desert employee for the 1991/1992 Sister City Employee Exchange. S. REOUEST FOR APPROVAL of Out -of -State Travel for City Clerk and Deputy City Clerk to Attend City Clerk Institute in Tempe, Arizona, January 27-31, 1992. Rec: By Minute Motion, approve the request and authorize the City Clerk and Deputy City Clerk to attend an institute for certification in Tempe, Arizona, January 27-31, 1992. T. REOUEST FOR APPROVAL of Construction Access Agreement Between the City of Palm Desert and DSL Service Company (Contract No. 00-586). Rec: By Minute Motion, authorize the Mayor to execute a Construction Access Agreement between the City of Palm Desert and DSL Service Company. U. CONSIDERATION OF LETTER from Ms. Lori Carangelo Relative to Bells at the Palm Desert Community Presbyterian Church. Rec: Refer to staff for report and recommendation at the Council Meeting of December 12, 1991. V. REOUEST FOR APPROVAL of Contract with T.I. Maloney, Inc. for Engineering and Landscape Design Services for Ironwood Park (Contract No. 00-587). Rec: By Minute Motion: 1) Authorize the Mayor to enter into a contract with T.I. Maloney, Inc. in an amount not to exceed $24,750 for engineering and landscape design services for the subject project; 2) move an additional $5,000 from the capital improvement project budget to the design services budget. W. CONSIDERATION OF REPORT Relative to Support of El Paseo Business Association. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT , f'Y COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. LETTER from City of El Monte Seeking Support of the State Department of Alcoholic Beverage Control (ABC) and Calling Upon the Governor and the State Legislature to Consider the Matter of Funding to the State ABC. Rec: Refer to staff for report and recommendation. Y. REOUEST FOR CONSIDERATION of Highway 111 Corridor Study. Rec: By Minute Motion, conceptually approve the study's recommendations pertaining to those within the City of Palm Desert. Councilman Crites removed Item E for discussion in Closed Session and Item X for separate discussion under Section IX, Consent Items Held Over. Mr. Altman asked that Items T and V also be held for separate discussion. Upon motion by Kelly, second by Crites, the remainder of the Consent Calendar was approved as presented by a 4-0-1 vote, with Councilman Wilson ABSENT. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None NOTE: COUNCILMAN WILSON ARRIVED AT 4:10 P.M. var. ORDINANCES For Introduction: A. ORDINANCE NO. 660 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.57T0 ARTICLE VII OF TITLE 9 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE DISPLAY OF HARMFUL MATTER. Mr. Erwin stated that this matter had been referred to him by the Council at its last meeting because of a letter received from the Mayor of Indio. He noted there was a report from him in the packets as well as a proposed ordinance. Councilman Wilson questioned whether this had been a problem in the City and stated he had noticed some of the stores already used blinder racks. He said he would prefer to see this matter referred to staff to study whether or not there is a problem. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites added that he would like to see a definition of what constitutes "harmful matter" that is simple, precise, and defendable. Mr. Erwin stated that the staff report should have included a copy of Penal Code Section 313. He said the ordinance referred to this section which basically defined "harmful matter" and that the ordinance would not be changing those definitions. He offered to provide Council with a copy of the definition and terminology being used. Councilmember Benson questioned what complaints had been received by the Indio Police Department. Mr. Erwin responded that a number of places in Indio had voluntarily used blinder racks but that apparently some had not, and the Indio ordinance was in response to that situation. Councilman Wilson moved to TABLE this matter and to direct staff to study the issue to see if there is in fact a problem and bring it back to Council at such time as it is found a problem does exist. Motion was seconded by Crites and carried by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 656 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25.38 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE P- PUBLIC/INSTITUTIONAL DISTRICT, CASE NO. ZOA 91-2 (Continued from the Meeting of October 24, 1991). Mr. Altman noted that this ordinance had been held over from the last meeting because it needed three affirmative votes to be adopted, and Mayor Snyder was absent. He stated there had been no changes since introduction of the ordinance. Councilman Kelly moved to waive further reading and adopt Ordinance No. 656. Motion was seconded by Benson and carried by a 3-2 vote, with Councilmembers Crites and Wilson ABSTAINING. B. ORDINANCE NO. 659 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTERS 25.28 AND 25.30 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE COMMERCIAL DISTRICTS, CASE NO. ZOA 91-3 (Continued from the Meeting of October 24, 1991). Mr. Altman stated there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 659. Motion was seconded by Benson and carried by a 3-2 vote, with Councilmembers Crites and Wilson ABSTAINING. 6 MINUTES REGULAR PALM DESERT .TY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. CONSENT ITEMS HELD OVER E. CLAIM AGAINST THE CITY (#180) by Peter Scialdone in the Amount of $400. With Council concurrence, this item was held over to be discussed in Closed Session. T. REOUEST FOR APPROVAL of Construction Access Agreement Between the City of Palm Desert and DSL Service Company (Contract No. 00-586). Mr. Erwin stated that he would like a condition added to the approval that prior to the City executing the agreement, Ahmanson be required to execute an agreement that it will assume all responsibilities for the DSL agreement. Councilman Crites moved to, by Minute Motion, authorize the Mayor to execute a Construction Access Agreement between the City of Palm Desert and DSL Service Company, with an added condition that prior to the City executing the agreement, Ahmanson be required to execute an agreement that it will assume all responsibilities for the DSL agreement. Motion was seconded by Wilson and carried by unanimous vote of the Council. V. REOUEST FOR APPROVAL of Contract with T.I. Maloney, Inc. for Engineering and Landscape Design Services for Ironwood Park (Contract No. Q0-587). Mr. Altman asked that Council hold this item until the next meeting to allow staff time to obtain additional background information for the Council relative to the engineering and landscape design. Councilman Wilson moved to continue this matter to the meeting of December 12, 1991. Motion was seconded by Benson and carried by unanimous vote of the Council. X. LETTER from City of El Monte Seeking Support of the State Department of Alcoholic Beverage Control (ABC) and Calling Upon the Governor and the State Legislature to Consider the Matter of Funding to the State ABC. Councilman Crites stated that what the Council typically does in matters such as this is to send a resolution of support. He asked in this case that staff also look at whether or not we may use our representatives of the firm we work with in Sacramento to see if there is anything that firm can also do. He said he felt the issue of having good control and having people out doing the work of the Alcoholic Beverage Control was very important and that it deserved more than just a resolution of support. Councilman Crites moved to refer this matter to staff for report and recommendation. Motion was seconded by Wilson and carried by unanimous vote of the Council. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEEEFING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Yrigoyen stated a report had been included in the packets indicating complaints received and how they had been handled. 2. Update on Tri-Cities Sports Facility. Mr. Drell state he had nothing new to report at this time. Mr. Folkers added that staff would prepare a report for the December 12, 1991, City Council meeting detailing the next steps to be taken. 3. Status of Date Palm Grove. Mr. Shillcock said he had reported at the last meeting that the RFP had been prepared and distributed for comment. He said the deadline for said comments was Monday, November 18th, and that staff would then begin the review process. 4. Three -Way Stop at Portola Avenue and Haystack Road Intersection. Mr. Folkers stated that controls had been put in at this intersection. As far as staff could determine, everything seemed to be working. He said staff was satisfied with it and would continue to watch the intersection for a while. 5. Landscaping of Civic Center Entryways. Mr. Folkers stated that the report indicated costs involved in retrofitting the three entryways would be approximately $13,900. Councilman Wilson asked whether there was a need to do something at this point in time. Councilman Kelly expressed concern because he had recently accepted an award on behalf of the Council for the City's drought tolerant landscaping program and then could not get his car through the Civic Center entryways without it getting wet from sprinklers. He said he felt the City should set an example of what is trying to be accomplished and what is being recommended to others in the City and that the money should be spent to retrofit the three entryways. Councilman Wilson said he did not like the idea of putting something in and then turning around and taking it out again. He said this made it look as if the City could not make up its mind what it wanted to do. 8 REGULAR PALM DESERT t Y COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * *-* * * * * * * * * * * Councilmember Benson agreed with Kelly and said that everyone who brings in landscaping plans is asked to make it drought tolerant, while the City does not do the same. She agreed the City should set an example and said she did not think Council had known there would be grass in the entryways. Councilman Kelly moved to, by Minute Motion: 1) Direct staff to proceed with the installation of drought tolerant landscaping at the entrances to the Civic Center; 2) appropriate $13,900 as indicated in the staff report for this retrofit; 3) appropriate an amount not to exceed $5,000 for design and consultant costs. Motion was seconded by Benson and carried by a 3-2 vote, with Councilman Wilson and Mayor Snyder voting NO. XL CONTINUED BUSINESS None XII. OLD BUSINESS A. REOUEST FOR APPROVAL OF EXISTING LIGHTING IN 26 TREES OUTSIDE HOTEL, (EMBASSY SUITES HOTEL, APPLICANT). Mr. Drell reviewed the staff report, noting that this matter was sent back to the Architectural Review Commission to look at the issue of lights. He said the Commissioners reaffirmed their earlier approval and felt the lights were tasteful, aesthetic, and contributed to the ambience of the place and also were a benefit to the City. As far as more specific criteria, the Commission clarified its policy relating to tree lights as follows: 1) no color lights should be permitted; 2) bulbs should be small, white non -blinking lights; 3) lighting should be low voltage accent lighting; 4) lighting should be tastefully done and aesthetically acceptable. Mr. Drell added that he had been informed by the Director of Building and Safety that the lights currently being used were not low voltage UA approved outside lights. He said if this request were approved by Council, there was a strong possibility the lights would have to be replaced. Mr. Drell noted a letter of support had been received from the Palm Desert Chamber of Commerce (on file and of record in the City Clerk's Office). Mr. Drell stated that there had been some discussion that the lighting approval could be done on a temporary one-year basis, subject to annual evaluation for extension. He said the Commission was very clear that it understood what was being approved and that it was permanent lighting. Councilman Crites stated he had spoken with the Chairman of the Architectural Review Commission who indicated it was his impression that the approval was seasonal and was not for permanent lights. Mr. Drell responded that he had also spoken with the Chairman of the Commission half an hour ago. He said he had relayed Councilman Crites' impression and that the Chairman concurred that the decision of the Commission was unanimous. He said his 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * comment was with reference to the ability of the City to periodically be able to review impact of the lighting and have the ability to not grant an extension. Councilman Crites stated that he felt having 26 to 30 lights over the entire piece of property was for signage and designed to attract attention. He said he felt if the lights were to be repeated along El Paseo or the Highway, the quality of the area would suffer. In addition, he did see this as something the City of Palm Desert should be noted for. Councilman Kelly asked the applicant to speak to this issue. MR. MICHAEL KAHLER, General Manager of Embassy Suites Hotel, said when he first came to the Palm Desert area he felt the outdoor lighting (i.e.,E1 Paseo) had made the City an exciting place and heightened the visitors' sense of arrival. In addition to requesting approval of his lights, he said he was encouraging other people to do the same. He said he felt the lights were aesthetically pleasing and said "welcome" to people who come to visit. Councilmember Benson stated that with regard to the voltage of the lights, she did not have any objections. She commented that she had driven by the hotel and felt the lights looked gaudy as opposed to the few twinkling lights in the trees along El Paseo which she felt looked nice. She suggested that if these lights are going to be approved and if they are to be redone, that they be done with half the lights that are there now. She added that she would not like to see this type of lighting all along Highway 111. Councilman Kelly stated that he agreed with the saying that "beauty is in the eye of the beholder" and felt the lights looked good. He said he asked a lot of people for their opinions and got about 70% in favor and 30% opposed. He asked if the lights would have to be changed, and Mr. Drell responded that they would because the voltage would be different. Councilman Kelly asked if the applicant understood that he would be required to change the lights. Mr. Kahler responded that he would be happy to do so as soon as he knew exactly what needed to be done. Upon question by Councilman Kelly, he responded that he would have no problem in placing the strings of light 12 inches apart instead of six inches apart. Councilman Kelly stated he would be in favor of approving this request conditioned upon the voltage of the lights being changed and that they be positioned with twice as much space between the strings as now. Councilman Wilson moved to, by Minute Motion: 1) Uphold the findings of the Architectural Review Commission; 2) direct the Commission to work with the applicant to bring the lights into conformance with those recommendations and direct the applicant to reduce the illumination by half or more to a more tasteful level; 4) direct the Architectural Review Commission to periodically review approved tree lighting applications. Motion was seconded by Kelly and carried by unanimous vote of the Council. 10 MINUTES REGULAR PALM DESERT .TY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REOUEST FOR CITY COUNCIL REVIEW OF APPROVED SIGN PROGRAM FOR OLIPHANT-LIZZA PROJECT AT THE NORTHEAST CORNER OF PORTOLA AND HIGHWAY 111. Mr. Drell reviewed the staff report and gave the history of this project. He noted that the original sign program was for signs facing Highway 111 to have individual channel letters, and signs to the rear were to be sand blasted redwood. Colors approved for the channel letter signs were blue, green, rust, ivory and black, with the tenants being allowed to choose up to three of those colors. He added that the Vans sign was approved in blue with a tennis shoe logo. Councilmember Benson said it was her understanding that there was a condition that the Council would look at the sign program before any signs went in. Mr. Drell stated that once the original Vans sign went up, it was agreed it was not a good sign and, therefore, a new sign was done. He added that the rest of the building would have signs with individual channel letters in green, blue, or rust. Councilman Crites said he had noticed that all the signs on the building were different styles. He felt the restaurant sign was okay but felt the shoe sign was something Council would never want to have. MR. RICHARD OLIPHANT, 77-900 Avenue of the States, Palm Desert, spoke as owner and developer of the building and stated when the lease was signed with Vans, it was their responsibility to have the sign people design the sign in conformance with the City's regulations. Because of the small space available for the Vans sign, the designer felt this was the best they could come up with. The sign was submitted to the Architectural Review Commission and was approved. However, when the sign was installed, he said there were several people not pleased with it and wanted to make sure any other signs that went in would have to meet a more extensive criteria. The owner of Vans addressed Council and said signage was one of the most important keys to success for small businesses and did not think anyone should be offended by his sign. He said it was fine if the City wanted him to take his sign down as long as he was paid for it. Councilmember Benson stated that the Council did take the sign issue very seriously and wanted to make sure the City looks nice. Councilman Crites moved to, by Minute Motion, affirm the approved sign program. Motion was seconded by Benson and carried by unanimous vote of the Council. Councilman Kelly commented that he had visited Scottsdale, Arizona, and took pictures of some of the commercial centers. He felt some of the signs really looked nice and did designate what the stores were selling. He said some had specific colors used throughout the entire center to ensure compatibility. He added that hopefilly the Architectural 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Review commission would look at the theme of each center at the beginning of the review process and make sure all signs conform to that theme. Councilman Crites addressed the owner of Vans and said Council had been working on the sign issue for more than a decade. He said the Council was very aware that signage is good for businesses and that good signage is important for sales. C. REOUEST FOR CONSIDERATION OF ASSESSMENT DISTRICT NO. 91-1 (COOK STREET ASSESSMENT DISTRICT). Mayor Snyder noted that staff was requesting a continuance to the next meeting; however, he said Dr. Peter Tynberg had requested that he be allowed to speak at this time. DR. PETER TYNBERG, 1599 Via Norte, Palm Springs, read a prepared statement (attached hereto and made a part hereof as Exhibit "A") and asked that Council table this matter and direct staff to prepare new district boundaries to include all properties within the Cook Street corridor. Mr. Altman stated this was merely to obtain consent from the City of Indian Wells and the County of Riverside that the City of Palm Desert will act as lead agency in these proceedings. Mr. Folkers added that a meeting would be held the next day which would be very specific as to what will be done. Councilman Crites moved to continue this matter to the meeting of December 12, 1991. Motion was seconded by Kelly and carried by unanimous vote of the Council. D. REOUEST FOR CONSIDERATION OF CIVIC CENTER SIGNAGE PROGRAM. Mr. Yrigoyen reviewed the staff report, noting that Council had received an addendum to the sign program which included several changes. MR. DON RYPINSKI, Rypinski Design, Inc., gave a slide presentation which showed the proposed signs. He offered to answer any questions. Councilman Crites agreed that we need to get rid of the existing directory sign. He also asked whether there was an immediate need to name the two Brothers' buildings. Mayor Snyder responded that the Civic Center Committee was concerned that there be a consensus of opinion in naming them and suggested having people submit names for consideration. Mr. Rypinski added that as a designer, when a program is being done on a building being identified, you should look for a focal point. He felt the red arrows on the building were very identifiable and perhaps the name should relate to those arrows. 12 MINIYFFs REGULAR PALM DESERT fY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Crites as to where the extra public art will go since it will not fit in the second Brothers' building, Community Arts Manager Catherine Sass responded that two of the pieces would be placed in the courtyard and that it had not yet been decided where the others would go. Councilman Wilson complimented the artist on the tastefully designed signage program. However, he said he was concerned we may be overkilling the park with signs. He aid if a developer came in with a sign program like this, the Council would probably cut it. Rather than going in with a lot of signs and being criticized as not practicing what it preaches, he suggested going slower and possibly scaling down the program. Mr. Rypinski said he did not necessarily see all the signs having to go in. He recommended doing the entry monument sign and some parking and key trail signs now and waiting on the others. MS. DIANNE FUNK stated this was before the Art -In -Public -Places Committee for review. She said that she felt the change order implied there was a significant increase in the contract because of work required by the Art -In -Public -Places Committee. She wanted to go on record that this work had not been at the request of the Committee and felt the Council should look into it. Mayor Snyder noted that the sign being recommended by Rypinski to be placed by Public Art had not been approved by the Public Art Subcommittee. Mr. Yrigoyen said staff's recommendation was that Council approve the overall sign program and approve the concept of the large Civic Center sign with the color as proposed so staff could begin placement of the signs. Councilman Crites moved to, by Minute Motion, approve the concept of the signage program as presented at this time, said program to include comments made during this meeting relative to phasing in and that this program does not include signage for the public art pieces. Motion was seconded by Wilson and carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9(a) and (b), pending and potential litigation, and Personnel. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Sending a Representative to the Annual International Sister Cities Conference in Christchurch, New Zealand, in March, 1992 (Mayor Pro- Tempore Richard S. Kelly). Councilman Crites stated that when the President of the New Zealand Sister Cities Association was here some time ago, he asked if Palm Desert would be willing to send a representative to the International Sister Cities Conference which for the first time was being held in New Zealand. He said this year's conference was about cities being able to deal with global and environmental issues. He suggested that Councilman Kelly be Palm Desert's representative and said he would be able to not only bring back information but could also speak about the environmental accomplishments Palm Desert has made as a city. Councilman Kelly stated that if the Council wished to send him, he would also ask that the City pay the expenses for his wife, Mary Helen, to attend with him. He said the main purpose was to go as the representative and diplimat from Palm Desert and that Mary Helen was not only an excellent representative herself but would make it much more enjoyable for him to attend functions and events that will be for husbands and wives. He said she was a very dedicated person who works very hard to represent the City. Councilman Wilson said he felt the rationale was all very good but said he would feel more comfortable deferring this decision and directing the City Attorney to look into the legalities of paying expenses for a non -City person. Mr. Erwin responded that this had already been looked at in the past and that it was a discretionary decision on the part of the Council. Councilman Crites moved to, by Minute Motion, authorize sending both Mayor Pro-Tempore and Mrs. Richard Kelly to the Annual International Sister Cities Conference in Christchurch, New Zealand, in March, 1992, and approve the payment of expenses for both individuals. Motion was seconded by Benson. Councilmember Benson agreed with Kelly that it would be good to have Mary Helen attend with him because of some of the functions he will be attending. Upon question by Crites regarding Councilman Kelly's plans to also visit Palm Desert's Sister City of Gisborne, Kelly responded that he felt he should spend extra time with Gisborne, which had been using natural gas operated buses for ten years, and that he was very anxious to talk to them. 14 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder called for the vote. Motion carried by a 4-1 vote, with Councilman Kelly ABSTAINING. 2. Councilman Crites introduced Mr. Mark Chapman, who he said was the equivalent of Vice President in Charge of Faculty at the Polytechnic College in Gisborne, New Zealand. He said he would be looking and evaluating the business programs being used at College of the Desert. He added that their programs were much more skill oriented and more turned towards preparing people to work in various industries. 3. Request for Appropriation for Signing and Lighting of Existing Public Art Sculptures (Councilman Buford A. Crites). Councilman Crites noted a report in the packets and recommended approval. Councilman Crites moved to, by Minute Motion, approve an amount not to exceed $10,000 and authorize staff to proceed with improvements to provide signing and lighting of artworks, with a condition that the signs and public art logo will be approved by the Art -In -Public -Places Subcommittee and the Civic Arts Committee and brought back to the Council for review. Motion was seconded by Wilson and carried by unanimous vote of the Council. o City Council Committee Reports: 1. Councilman Wilson stated that he felt something everyone knows but sometimes overlooks in a Council/Manager form of government is that requests for information should be channeled through the City Manager. He said all of the Councilmembers were guilty of overlooking this and sometimes made requests of staff. He said he carpooled to South Coast Air Quality Management District meetings with a Councilmember from Redlands who told him that according to Dallas Holmes of Best, Best, & Krieger, there was a law on the books that says if a Councilmember directs a staff member other than the City Manager to do something and that person is injured or stresses out, that Councilmember is liable for damages. He asked that the City Attorney look into this. If true, he questioned whether the Councilmembers would be liable if they asked their secretary to do something for them. He asked if they would personally liable or if they would be protected by the City. Mr. Erwin said he would look into this and advise Council immediately. Councilman Wilson said he felt Council should be cognizant of putting demands on staff and should make an effort to try and follow the procedure of going through the City Manager who can distribute the work more evenly. 2. Mayor Snyder reported that a group of approximately 1800 individuals arrived in Palm Desert last Saturday to attend a conference put on by the Industrial Developers Research Council (IDRC). He publicly thanked Paul Shillcock for 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * his efforts and time to bring Palm Desert notoriety. He added that because of Mr. Shillcock's efforts, Palm Desert was now very well known throughout the States. XIV. ORAL COMMUNICATIONS - B MRS. RUTH GEIBERSON, 44-875 San Antonio Circle, Palm Desert, asked when Council would be considering the Felidae item. Councilman Crites responded that this would considered at the 7:00 p.m. portion during the Parking Authority meeting. Upon motion by Crites, second by Benson, and unanimous vote of the City Council, Mayor Snyder recessed the meeting at 6:05 p.m. for dinner. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF FIVE-, TEN-, AND FIFTEEN -YEAR EMPLOYEE SERVICE AWARDS. Mayor Snyder noted the following employees had earned service awards: Five -Year - Ed Marksbury, Malaquis Ramos, Sergio Rosas, Catherine Sass, Elinor Thompson, John Wohlmuth Ten -Year - Raul Dominguez, Phil Joy, Stephen Smith, Ken Weller Fifteen -Year - Larry McAllister, Joe Pudis He presented the awards to those employees present and congratulated them on behalf of the entire City Council. B. REORGANIZATION OF THE CITY COUNCIL. 1. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE. Mayor Snyder declared the offices of Mayor and Mayor Pro-Tempore vacant and asked the City Clerk to conduct the selection of said officers. 16 MINUTES REGULAR PALM DESERT .'Y COUNCIL MF.FTING NOVEMBER 14, 1991 * * * * * * * * * * * *_* * * * * * * * * * * * * * * * * * * * * * * * * Mrs. Gilligan declared the nominations open for the office of Mayor. Councilman Crites nominated Councilman Kelly for the office of Mayor. Councilman Snyder moved that a unanimous ballot be cast for Councilman Kelly. Motion was seconded by Wilson and carried by a 4-0-1 vote, with Kelly ABSTAINING. Mrs. Gilligan declared the nominations open for the office of Mayor Pro-Tempore. Councilman Wilson nominated Councilmember Benson for the office of Mayor Pro-Tempore and moved that a unanimous ballot be cast. Motion was seconded by Crites and carried by a 4-1 vote, with Benson ABSTAINING. 2. COMMENTS FROM NEWLY SELECTED MAYOR AND MAYOR PRO- TEMPORE. Mayor Kelly thanked his colleagues for their confidence in him and for giving him another opportunity to serve as Mayor. He said he had attended a conference today and that a Councilmember from another city had asked what kind of Council Palm Desert had. He said he responded that Palm Desert really had an outstanding Council that works well together. Even when members disagree on issues, they are still able to get along together and share the work load. He said he would do everything he could to do a good job. He also expressed appreciation to Councilman Snyder for the job he had done as Mayor for the past year. Councilman Crites stated that when someone leaves a position, everyone says thank you and that they know what that person has been through during that term of office. Perhaps more than any other City Council, he said this Council really did know the amount of work involved in serving as Mayor. He said the Mayor acts as the lightning rod and gets the phone calls. In adition, the Mayor is called upon to be the spokesman and to chair the meetings and make things happen. He said the Council wished to express its sincere and heartfelt thanks for a job well done. However, he said Councilman Snyder had one task left to do. He gave him a bouquet of flowers and asked that he present them to his wife, Harriet, with the Council's thanks for all of her support. Councilmember Benson stated she was very pleased to serve as Mayor Pro-Tempore and was willing to do anything she could to help Mayor Kelly for the betterment of Palm Desert. XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF STREET VACATION - CATALINA WAY AND SAN NICHOLAS. Mr. Folkers reviewed the staff report and recommendation. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly 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 waive further reading and adopt Resolution No. 91-130, vacating a portion of the rights -of -way known as Catalina Way and San Nicholas Avenue. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REOUEST FOR CONSIDERATION OF THE TERMINATION OF A DEVELOPMENT AGREEMENT AND ASSOCIATED PRECISE PLAN/CONDITIONAL USE PERMIT INVOLVING A SENIOR HOUSING PROJECT ON THE NORTH SIDE OF CATALINA WAY WEST OF JOSLYN COVE SENIOR CENTER (CABLE & RYLEE, INC., APPLICANT). Mr. Drell reviewed the staff report, noting that the project involved a three -acre parcel adjacent to the Joslyn Cove Communities Senior Center project. He said Cable & Rylee had proposed that if the City provided the land at no cost, they would build a 60-unit project with all units affordable to low-income seniors. He said their basic obligation was to obtain commitments for construction and long-term financing but that they had been unable to do so. He noted the applicant had almost three years since the original agreement was signed and that no evidence had been brought to the City by the developer indicating he was any closer to getting financing now than he was three years ago. Because the land was purchased by the City and had been vacant since purchase, it was important for the City to have something built in order to meet its need for affordable senior housing. He added that the Planning Commission had unanimously recommended that unless Cable & Rylee can prove its ability to perform under the terms of the Development Agreement, the agreement should be terminated in order to allow other qualified developers an opportunity to build the project. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. JOH McGAY spoke on behalf of Stan Cody, from whom the City acquired the property. He said Mr. Cody had spent a lot of money in this partnership with Mr. Wendell Rylee, and he asked for a 30-day extension, within which time this could be worked out between Mr. Cody and Mr. Rylee. He added that Mr. Rylee did have the financing to do the project. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Crites asked if Council could take the action as recommended by staff and stipulate that it take affect in 30 days if staff has not received whatever it considers appropriate guarantees of financing. Mr. Erwin responded that action requested was passage of an ordinance, which requires a second reading prior to adoption. If Council took the recommended action, second reading of the ordinance would not take place until December 12th, and the ordinance would not take affect until 30 days after that. 18 MINUTES REGULAR PALM DESERT __Y 1 COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to waive further reading and pass Ordinance No. 661 to second reading, rescinding Ordinance No. 538 and terminating Development Agreement 88-1. Motion was seconded by Crites and carried by unanimous vote of the Council. C. REOUEST FOR APPROVAL OF A PRECISE PLAN TO ALLOW CONSTRUCTION OF A 3,120 SQUARE FOOT AUTO SERVICE FACILITY ON THE SOUTH SIDE OF FRED WARING DRIVE, 680 FEET EAST OF HIGHWAY 111 (ECONO LUBE N' TUNE, APPLICANT). Mr. Drell reviewed the staff report, noting that this was the last parcel of what was the La Posada development (behind Toys R Us). He said this would be adjacent to the Palm Valley Channel on the east and adjacent to the Toys R Us loading dock on the southwest. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. LARRY BELL, project manager for Econo Lube N' Tune, 4911 Birch Street, Newport Beach, said Econo Lube N' Tune had been in business for 18 years and currently operated almost 200 shops nationwide. He said one existing facility was in Indio adjacent to Alpha Beta, Bank of America, and Bank of the Desert and blended in perfectly with the center. He said their facilities were clean and provided fast service. He reviewed the proposed facility on Fred Waring Drive, noting that hours of operation would be 7:00 a.m. to 7:00 p.m. He added that it would include an extensive recycling program for almost all items. Mayor Kelly invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilman Crites noted that he had called up this project for review and said he felt there were two issues involved: 1) Appropriateness of the facility at this location He said he had no doubt the business did clean and efficient work. However, the letter in the packets from DSL raised questions which he felt Council should review. It discussed things the City had required of them and how they felt the same conditions should be placed on this business. Although he agreed Econo Lube N' Tune was a good business, he did not feel this was a good location. He also expressed concern with being able to see the service bays from Fred Waring Drive while driving by. 2) Setback Even if the use is compatible, Councilman Crites felt the amount of setback for the facility is significantly lower than Toys R Us and the amount of setback on the north side of the wash where the Marshall's center is. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson said she had some of the same concerns. She said she had driven by a similar facility in Cathedral City and although it looked okay from Ramon Road, from the other side one could see the open bays and cars up on racks. Being in a mixed commercial center was okay, but this would probably mean there would be cars waiting to be picked up while their owners are out shopping. She agreed this was not the right location and that Council should be considering the views of DS-L as well. Councilman Wilson stated his initial reaction when seeing this on the Agenda was similar to views expressed by the other Councilmembers. However, remembering the Goodyear Tire Center which was in a highly visible area with bays, etc. mitigated some of those concerns. He felt the DSL argument was a valid one. He asked staff if it was possible to berm or screen the eastern view from Fred Waring Drive to see if the garage -look could be mitigated somewhat. Mr. Drell responded that it could be bermed. He said Econo Lube N' Tune had agreed to restore that part of the original landscape plan surrounding the property to screen it on the Channel side. Councilman Wilson asked if a screened wall could be put on the east side, and Councilman Kelly said he felt an eight -foot wall would look worse than the bays. He said he would prefer to have trees. Councilman Wilson suggested a six-foot wall instead, and Mr. Drell responded that a six-foot wall with trees in front would be better. Councilman Snyder said he had no doubt this was a fine organization and that a nice facility would be built. However, the City was very concerned with the DSL project and required a lot more landscaping and other mitigation measures. He said he would like to see Econo Lube N' Tune at this location but felt it would better out in the Cook Street area instead. Councilman Kelly said this was the first project he had seen that had a recycle program. He said all the Councilmembers had some concerns because of all of the stipulations and work done on the DSL project. However, he questioned what else could be put back in the corner, noting that if he were a businessman, he would not want to put his business in that corner. He felt the Goodyear Store in the Palm Desert Town Center looked nice whenever he drove by and said there were ways to landscape such businesses to make them look good. If Council were to approve this, he said he would ask that rather than a recycle program, a complete waste management plan be implemented. He said the City's requirement to reach 29% recycling by 1995 and 50% by the year 2000 meant the Council needed to look at reduction, reuse, and recycling. Councilman Wilson said he would support the program and that Mr. DRell had made a compelling argument. He said he used the Goodyear Tire Center and found it convenient. He felt it was better to have facilities like this conveniently located where the public is rather than having to send the residents out to the far stretches of the City. He added that next to Goodyear was the car wash, which he did not find objectionable. 20 MINUTES REGULAR PALM DESERT ITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * *• * * * * * * * * * * * * Councilman Crites agreed these types of businesses were needed close to the center of the community. He said maybe if this was located in the interior of the project instead of next to Fred Waring Drive, it would be better. In addition, he said the existing Goodyear Store was located at a perpendicular angle to the street, which meant a lesser view of the service bays, while Econo Lube N' Tune would be right in the center of his view screen while driving down Fred Waring Drive. Mayor Kelly disagreed with having this business at the Cook Street center because he would not want to drive out there every time he needed an oil change. At the request of the applicant, Mayor Kelly reopened the public hearing. Mr. Bell stated he felt customers would be able to visit both the Toys R Us store and Pizza Hut while using his facility. He said he realized this was not an ideal location when he first began the process, but customers would also be able to shop at the DSL project across the street. He said the landscape plans included a six-foot screened wall along the entire length and that it would be a drought -tolerant landscape plan. He said they would have screened walls along both Fred Waring Drive and the Channel. He added that the Architectural Review Commission had cut the signage in half. He said people driving along Fred Waring Drive east would not be able to see all of the service bays at the same time and that Econo Lube N' Tune would take over the responsibility for maintenance of the landscaping. He added that he would be happy to come up with a waste management plan as requested by Mayor Kelly. Upon question by Councilman Crites, Mr. Bell responded that he had not met with DSL representatives since making changes to the plans and had not read the letter included in the packets. However, he indicated he would be willing to do so now. Councilman Crites asked if Mr. Bell would be willing to stake out locations of the service bays and flag the height of the business so Councilmembers can go out and look at the site itself. Mr. Bell responded that he would have to look into what the costs would be to do it because of the amount of money Econo Lube N' Tune had already put into this project. Mayor Kelly declared the public hearing closed. Councilman Wilson said he liked what Councilman Crites said and felt this matter should be continued and that the applicant be directed to meet with DSL to discuss the latest plans. Councilman Crites said he would like to look at the four corners as well as the location of the •service bays and height of buildings. As long as DSL finds this project unacceptable, he said he would not be able to approve it. He added that he felt DSL had made a tremendous investment in the community and that its concerns should be considered. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to continue this matter to the meeting of December 12, 1991, and to direct the applicant to both meet with DSL representatives to discuss the most recent plans and to also put out stakes on the property so that Council can get an idea of the proposed building heights, setbacks, etc. Councilman Snyder said he felt a continuance was a good idea and that the Council owed DSL some consideration because of the many conditions placed on its approval. In addition, he said he wanted to know what would be done along Fred Waring Drive and the Channel and asked for clarification at the next meeting. Mayor Kelly suggested adding to the motion a better layout of the landscaping plans. Councilman Snyder stated he would second the motion with an amendment that the applicant indicate what is being proposed for the landscaping and screening of the project. Councilman Wilson accepted the amendment Mr. Bell stated he would make every effort to set up a meeting with DSL. He added that the problem with putting in stakes was that he did not know how he would show the screening of the service bays. Councilman Wilson responded that all Council wanted to know was where the bays will be in relation to the store. In addition, he asked the applicant to put a pole in the ground at the exact height of the building. Mayor Kelly asked staff to provide any assistance possible, and Mr. Drell responded that staff would do so. Mayor Kelly called for the vote, and the motion carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Wilson moved to adjourn the meeting at 8:25 p.m. to Closed Session, said Closed Session to immediately follow adjournment of the Redevelopment Agency and Parking Authority meetings. Motion was seconded by Crites and carried by unanimous vote of the Council. 22 MINUTES REGULAR PALM DESER- CITY COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly reconvened the meeting at 9:28 p.m. and noted the following action on Consent Calendar Item E. E. CLAIM AGAINST THE CITY (#180) by Peter Scialdone in the Amount of $400. Councilman Crites moved to, by Minute Motion, deny the Claim and instruct the City Clerk to so notify the Claimant. Motion was seconded by Snyder and carried by unanimous vote of the Council. With Council concurrence, Mayor Kelly adjourned the meeting at 9:30 p.m. ATTEST: SHEILA R. GILLIGAN, CITY' LERK/P.I.O. CITY OF PALM DESERT, LIFORNIA RICHAkD S. KELLY, MAYOR 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 1991 . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" Council .t' of Palm Desert :"13 Fred Waring Drive t3im Desert, Ca November, 14 1991 :•.ar Council ':embers: I am the owner of property in Thousand Palms whose land .s within the proposed boundaries for the Cook Street Interchange Assessment District. I agree that ;,his project .s necessary and will provide benefit to my property and to all other property within the 'Cook Street Corridor." How - e'er the proposed boundaries are not equitable and violate the Community Facilities Assessment District as described in -t.e California Code. Because the boundaries do not include all of those who directly benefit from the project within t•.is corridor, I ask that the boundaries be revised. Over the past two years,I have attended meetings held by -.he City of Palm Desert to create this assessment district. At the last meeting in September, we were told that this issue would not be brought before the City Council until after January 1st. At every meeting that was held, property owners recommended including within the assessment district property south of the Whitewater Wash within the Cook Street Corridor. The City of Palm Desert has ignored this recommendation repeatedly. We property owners understand the City's reluctance in assessing its own voters, but a community facilities district must include all those who benefit by that facility. In the first ten years most of the traffic using the Cook Street Interchange will derive from the populated areas in eastern Palm Desert and western Indian Wells south of the Whitewater Wash within the Cook Street Corridor. Arguments advanced by the City of Palm Desert to exclude these areas because of the use of Measure A funds or previous development fees are not reasonable. The City of Palm Desert's own consultants have told me that these arguments would not be sufficient to justify the City's position in court if this district were challenged. As these properties south of the Whitewater Wash are located at some distance from the proposed Cook Street Interchange, they would be assessed at a much lower rate than properties nearer to the interchange. .A residence south of the Whitewater Wash might have a yearly assessment of S25 and a business might pay S1OC. These are relatively small fees as compared to the S350 per year assessments on each acre of •.scant land, where no use of the interchange will le derived. In addition, certain properties located north of the Whitewater Wash have also been excluded from the proposed ^:strict. Politically active property owners such as the `larriott's Desert. Springs and the Sunrise Corporation have 24 MINUTES REGULAR PALM DESERT I'Y COUNCIL MEETING NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * ,. * * * * * * * * * * * EXHIBIT "A" "cut their own deal" with the City of Palm Desert. This is also in violation of the Community Facilities District Act. We ask that all properties, north and south of the Whitewater Wash, be included equally within this Assessment District. I ask that you table the present proposal and direct City officials to prepare new district boundaries to include all properties within the Cook Street Corridor. The assessments within the new boundaries would vary in relation to proximity to the interchange and in relation to land use. This would be equitable to all property owners. The present plan violates the California Code and will lead to litigation. Respectfully, a?eZw /`i Peter Tynberg M.D. 25