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HomeMy WebLinkAbout1991-10-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson 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 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 Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Pat Conlon, Director of Building and Safety Agnes Flor, Acting Director of Finance John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 26, 1991. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. 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 a Conditional Use Permit. C. CLAIM AGAINST THE CITY (#162) by Coral H. Houman and Laura S. Houman (A Minor) in an Undetermined Amount. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. D. CLAIM AGAINST THE CITY (#178) by Paul Lord, Guardian Ad Litem for Joseph Clifford Lord, a Minor, in an Unspecified Amount. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. E. CLAIM AGAINST THE CITY (#179) by Lambson Construction for Partial Equitable Indemnity (Related to Claim #164, Yolanda Mijarez). Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. F. REOUEST FOR AWARD of Landscape Maintenance Services Contract for Highway 111 Center and Frontage Median (Contract No. 00-568). Rec: By Minute Motion, award the contract to Karleskint-Crum, Inc. in the amount of $35,748.00 ($2,979.00 per month). G. REOUEST FOR RELEASE of Subdivision Improvement Security for Tract 22690-3 (Mark Temple Construction, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. H. REOUEST FOR APPROVAL of the Possession and Consumption of Alcoholic Beverages at the 1991 Golf Cart Parade. Rec: By Minute Motion, permit the possession and consumption of alcoholic beverages on City -owned property in connection with the holding of a special event pursuant to Municipal Code Section 9.58.040. 2 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * r•-* * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR APPROVAL of Reclassification of the Maintenance Superintendent Position to Street Supervisor. Rec: By Minute Motion, approve the reclassification of the position of Maintenance Superintendent to Street Supervisor. J. LETTER OF RESIGNATION from Judy C. George from the City Trails Committee. Rec: Accept with very sincere regret. K. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-523, Avant Gardens, for Printing and Purchasing of Additional Water Efficient Landscape Guidelines. Rec: By Minute Motion, approve Change Order No. 1 to Contract No. 00-523 in the amount of $4,070.00 and appropriate an additional $4,070.00 from the unobligated general fund budget reserve. L. REOUEST FOR APPROVAL of Agreement No. 00-5$0 for the Casting and Sale of a Limited Edition of the "Messenger of the Puul". Rec: By Minute Motion, approve the agreement and authorize the Mayor to execute same. Upon motion by Benson, second by Wilson, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 91-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF UNITED STATES SENATE JOINT RESOLUTION 170. Mr. Altman stated that at the September 26th meeting Council asked that staff place this item on the Agenda. He recommended adoption of the resolution. Councilmember Benson moved to waive further reading and adopt Resolution No. 91-115. Motion was seconded by Crites and carried by unanimous vote of the Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. ORDINANCES For Introduction: None For Adootion: None IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REOUEST FOR APPROVAL OF EXISTING LIGHTING IN 26 TREES OUTSIDE HOTEL (EMBASSY SUITES HOTEL, APPLICANT). Mr. Diaz reviewed the staff report and recommendation for approval, noting that this lighting was similar to the lighting on the El Paseo medians and at the Rusty Pelican restaurant. He said the Architectural Review Commission had considered the applicant's request and recommended approval by the City Council. He stated that the Department of Building & Safety had suggested an added condition that the lights be low -voltage if the request is approved. Councilman Crites stated he had discussed this request with the Chairman of the Architectural Review Commission who felt the request had been presented to the Commission as a routine item. In addition, he had stated he had not seen the lights and indicated that if the Council wished, the Commission would be willing to look at the entire issue of tree lighting, not just for this particular business. Councilman Crites also said he did not feel it was particularly analogous to take the one tree at the Rusty Pelican restaurant and compare it with the 26 trees at the Embassy Suites Hotel. He felt the lights were in violation of the City's sign ordinance because they did not constitute an integral part of the building and he recommended referring the matter to the Architectural Review Commission for further review. Councilman Crites moved to, by Minute Motion, refer this matter Commission to look at the entire issue of tree lighting and come recommendation for a policy and guidelines for same. Councilmember Benson commented that the sign ordinance part of the architecture of the building, and trees were not. 4 to the Architectural Review back with a report and stated that lighting must be She suggested that Council MINUTES REGULAR PALM DESERT -Y COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * 4.--4 * * * * * * * * * * * * . * * * * * * * * * * * deny the request and return the matter to the Architectural Review Commission for further review. Councilman Kelly stated there were areas in the City where this kind of lighting of the trees or shrubs is similar to lighting palm trees from the bottom. He felt there was a way to do the lighting so that it would enhance the building, and he suggested that the matter be looked at in order to establish guidelines. Councilman Crites added that he was uncomfortable with the lack of any guidelines for tree lighting. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council. B. KBOUEST FOR FORMATION OF COMMUNITY FACILITIES DISTRICT TO FINANCE THE PUBLIC CAPITAL IMPROVEMENTS, INFRASTRUCTURE, AND FEES RELATING TO THE CONSTRUCTION OF INDIAN RIDGE COUNTRY CLUB. Mr. Altman stated staff was requesting a continuance of this matter to the meeting of October 24th in order to gather more information. Councilman Crites asked why this was being done for Indian Ridge Country Club and how it differed from all the other country clubs such as Monterey, Chaparral, etc., where the developers had paid their own way. Mr. Ortega responded that no other developers had approached the City with a similar request. Mr. Erwin added that these matters are handled on a one-to-one basis and that the preannexation development agreement for this country club indicated that the City would assist the developer with the formation of this district. Councilman Kelly asked if Mello -Roos had been used on PGA West, and Mr. Erwin responded that he would look into this matter. Councilman Crites moved to continue this matter to the meeting of October 24, 1991, to allow staff time to gather more information on this request. Motion was seconded by Wilson and carried by unanimous vote of the Council. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega noted the memo included in the packets and offered to answer any questions. 2. Update on Tri-Cities Sports Facility. Mr. Diaz stated that he had reported at the last meeting that the noise study had been completed; however, there was certain information that was not contained in the study, and he said he would be meeting with the consultant next week to iron out those issues. He said staff was proceeding with the EIR, with noise and traffic the critical issues. He added that it was anticipated hearings would be held in November or December and that based on current analyses, there were not any adverse impacts to the environment that could not be mitigated. Upon question by Councilman Crites as to when the EIR process was begun, Mr. Diaz responded that the notice of preparation had gone out approximately two months ago and that staff had been waiting for the noise study to be completed. 3. Report on Hovley Lane Date Palm Grove. Mr. Altman stated a memo had been included in the packets and that Mr. Diaz would answer any questions. Upon question by Councilmember Benson, Mr. Folkers reviewed the plan prepared by the consultant, noting that the consultant had not dealt with the date palm grove in the manner he indicated he would and that he would be redoing it. Mr. Folkers added that this was the 20-acre parcel on Hovley Lane on the South side, across from the Marriott. Upon further question by Councilmember Benson as to who was doing this plan, Mr. Folkers responded that Mike Smith was the local representative and that Councilman Kelly had also given him the name of another person who was interested and would be submitting a plan. Councilman Crites asked if any of the individuals had put out any money, and Mr. Folkers responded that they had not. However, he stated that both people contacted had indicated they felt Palm Desert definitely needed something along this line and from a financial standpoint felt they could make money and could do something good for the City. 6 MINUTES REGULAR PALM DESERT :'Y COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * *- * * * * * * * * * * * Councilman Crites expressed concern with the time it is taking to actually get a date palm grove established, especially when we have had the companies ready to spend the money and get it done. He said the potential sites had been changed several times, and still nothing had been done. Mr. Folkers stated that what staff was hoping to do was to have the developer come up with something where the date palm grove would be a very comprehensive part of their plan and would have a nice park -like setting with all of the desired amenities. However, if Council wished, it could make a decision and state where the grove will be placed and have the developer build around the site. Mr. Altman suggested sending out Requests for Proposal to these people and asking if they are ready to build the grove. He said staff would come back at the next meeting with a time frame. Councilman Crites asked that this item appear on each future City Council Agenda for discussion. Council concurred. 4. Update on Affordable Single Family Housing Proposal by Sterling Partners, Inc. Senior Planner Phil Drell stated that this matter was before Council a month ago as an information item and that Council had indicated concerns at that time with how and if the program would proceed and how much it would cost. He reviewed the various locations for low cost subsidy housing in the City. He distributed and reviewed copies of the report regarding low and moderate housing subsidy calculations (on file and of record in the City Clerk's Office). He stated that in terms of annual cost, the Sterling project would cost the City approximately $600,000 per year. He said that based on the projections, this project was within the City's budget. He added that the projections did not assume any revenue from Project Area No. 3, which staff anticipated the City would be getting beginning in 1992. Mr. Drell stated another decision the City would have to make would be where to locate the project. While the project might cost less to build on the City's property in the North Sphere by Interstate 10, the units might be worth more on the Fred Waring site because of more central location, less wind than in the North Sphere, etc. Upon question by Councilmember Benson, Mr. Drell responded that this was the old Smallwood project on Fred Waring Drive. He said another big issue was compatibility with surrounding developments, principally Waring Place Homeowners' Association and the City of Indian Wells. He said Mr. Sterling 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • and Mr. Nogle of Sterling Partners had corresponded and met with both organizations and had also made a presentation to the Housing Authority regarding its participation as the financing mechanism for the project, and the Authority had responded positively. MR. GARY NOGLE, Sterling Partners, Inc., and architect for the project, stated he had met twice with homeowners at Waring Place and that the major issue was impacts of this project on their community and how those impacts could be mitigated. He added that he had met with the City of Indian Wells Community Development Director who was pleased with the project and asked that Sterling propose something similar for Indian Wells. Upon question by Councilman Wilson, Mr. Drell responded that the applicant was looking for encouragement from the Council and general approval of the concept. Councilmember Benson stated she felt this was a step in the right direction and would be in favor of the project at the proposed site on Fred Waring, especially when the child care portion goes is. Councilman Wilson stated his overall reaction was that he had no negative feelings toward the project at this time. Councilman Kelly stated he would ask that the developer consider other programs the City is working on, including recycling and drought tolerant landscaping. Mayor Snyder noted it was the general opinion of the Council that this is a project the City wants to have. XI. CONTINUED BUSINESS A. CLAIM AGAINST THE CITY (#174) BY ANDREW C. HATHAWAY IN THE AMOUNT OF $1,279.59 (Continued from the Meeting of September 26, 1991). Mr. Altman noted there was a memo in the packets from the Claims Review Committee recommending that Council authorize it to negotiate settlement with the Claimant. Councilman Crites moved to, by Minute Motion, authorize the Claims Review Committee to negotiate settlement with the Claimant in an amount not to exceed $1,055.64,subject to Claimant's execution of a Release of All Claims. 8 MINUTES REGULAR PALM DESERT 'Y COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * *---* * * * * * * * * * * * * *-* * * * * * * * * * * B. STAFF REPORT AND RECOMMENDATION RELATIVE TO LETTER FROM BARBARA FLANAGAN REGARDING ANIMAL CONTROL SERVICES (Continued from the Meetings of May 23 and July 11, 1991). Mr. Altman stated that staffs recommendation was that this matter be continued until the citizens involved return to the desert. Councilman Crites moved to, by Minute Motion, TABLE this matter until the citizens involved return to the desert. Motion was seconded by Kelly and carried by unanimous vote of the Council. XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Wohlmuth introduced Mr. Jeff Swainson, Community Services Director for Palm Desert's Sister City of Gisborne, New Zealand. He noted he would be visiting for the next four weeks and then would be touring parts of the western United States with his family before returning to Gisborne. He added that he would be working with various departments in the City and sharing the Gisborne local government as well as learning about Palm Desert's government. Mr. Swainson addressed the Council and stated the warmth of all of the people he had met so far was very gratifying to him personally. He said he hoped to be able to contribute something to the City and added that he hoped some kind of reciprocal employee exchange could be done in the future with an employee from Palm Desert visiting Gisborne. Council asked that staff set up a meeting where Mr. Swainson will be able to make a presentation regarding government in Gisborne compared with Palm Desert. Mr. Altman suggested that Mr. Swainson's family also be included in this meeting. Council concurred. 2. Request from Imaad Wasif for Financial Assistance. Councilman Crites moved to, by 4/5ths vote, add this item to the Agenda for discussion. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mr. Altman reviewed the staff report, noting that although the requested amount of assistance was $2,000, the Charitable Contributions Committee had met and recommended that the City approve a $1,000 contribution in exchange for 150 community service hours from Mr. Wasif. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * t Upon question by Councilman Wilson, Mr. Altman stated there had not been any response to the letters sent by the Mayor to various service clubs in the City. Councilman Wilson suggested that the Mayor's secretary call these service clubs to see if they had made contributions. Mrs. Gilligan responded that a letter had been sent to Mr. Wasif with copies of the Mayor's letters suggesting that he personally contact those organizations and arrange to make a presentation to the members. She added that she did not know whether he had done so or not. Councilman Wilson moved to, by Minute Motion, approve the Charitable Contributions Committee recommendation to give Imaad Wasif $1,000.00from the Charitable Contributions Budget in exchange for 150 community service hours. Motion was seconded by Benson and carried by unanimous vote of the Council. 3. Request for Street Vacation - Catalina Way and San Nicholas Avenue at Monterey Avenue Councilmember Benson moved to, by 4/5ths vote, add this item to the Agenda for discussion. Motion was seconded by Crites and carried by unanimous vote of the Council. Mr. Folkers reviewed the staff report, noting that this should have appeared on an earlier Council Agenda. He recommended approval of the street vacation. Councilman Wilson moved to waive further reading and adopt Resolution No. 91-118, setting a public hearing to consider the street vacation. Motion was seconded by Kelly and carried by unanimous vote of the Council. 4. Escape to Reality Mr. Drell reported that he and several other staff had attended and participated in the "Escape to Reality" competition at Canyon Springs to benefit Alternatives to Domestic Violence. He said there were four teams in all and that each team member had to compete in various activities such as climbing a 45-foot wall. He added that Palm Desert's team consisted of himself, Page Garner, Steve Buchanan, and Frankie Riddle. Mr. Altman added that he was proud of the way Palm Desert's team performed. 10 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * : * * * * * * * * * * * * *--* * * * * * * * * * * * B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Sections 54956.9 (a) (Del Gagnon v. City of Palm Desert, County of Riverside/Big Horn Institute v. City of Palm Desert, Palm Springs Recycling v. City of Palm Desert, Levald/Indian Springs v. City of Palm Desert) and (b), and 54956.8, Real Property Transactions. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. Compressed Natural Gas -Operated Buses Councilman Kelly reported that Sunline had sponsored his attendance at a recent conference in Toronto and that he had visited a factory that builds compressed natural gas -operated buses. He said he had ridden on one of these buses and that the people were very enthusiastic about the program and expected to have 125 in operation this year. He said the future as far as they were concerned was in natural gas. He added that Sunline was serious about moving in this direction. 2. Sunline Councilman Kelly stated that he was Chairman of the Taxicab Committee at Sunline. He said all cabs were officially regulated by Sunline and that so far everything seemed to be running very well, although several cabs had not passed the inspection and several operators had not passed the tests. He added that he felt it was an excellent program. Councilman Kelly also stated that in the past the Dial -A -Ride program had been available in the western part of the Valley but not in the eastern portion, such as La Quinta, Indio, Coachella, etc. He said Sunline had contracted for a complete Dial -A -Ride program for the entire Valley, that it had been operation for about six weeks, and that it was running smoothly. 3. Regional Transportation Councilman Kelly reported that he had attended a conference the previous day in Visalia and had spoken on the regional transportation program. He 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * noted everyone was aware that Palm Desert was in compliance with the Congestion Management Plan because of its TUMF fee and the 1/2 cent sales tax. 4. Riverside County Transportation Commission Councilman Wilson reported that RCTC had hosted a Focus on the Future conference in Indian Wells last Thursday and Friday. He said he was pleased to see Director of Public Works Dick Folkers take time out of his busy schedule to attend for the two days, and he said he felt it was time well spent on his part. Mr. Folkers stated that the contacts at the conference had been very good and that the theme of many of the sessions was to give people who are not Caltrans employees a chance to try and get Caltrans moving along. He thanked the Council for the opportunity to attend this conference. 5. Electrification of Railroads in the Los Angeles Basin Councilman Wilson stated that something everyone should be aware of was that a task force would be studying electrification of the railroads in the Los Angeles Basin and that a report was supposed to be out in January. He said one of the proposals was to have a switching station to change from diesel to electric engines in the Thermal area, which would mean electric trains going at least through the Coachella Valley down to Thermal. He said the City needed to keep an eye on this situation to make sure because of cost reasons or whatever that they do not try to move it closer to the Los Angeles Basin and that we do encourage them to have electric trains at least go through the Valley. Councilman Kelly stated that the decision as to where the stations will be would probably be determined a lot by what the free enterprise system is willing to do. He suggested that some of the City property out by the railroad tracks be kept open because the City might want to participate in a private/public partnership and make some kind of proposal for a train station in the North Sphere. Councilman Wilson asked whether any of the 133 acres the City purchased was adjacent to the railroad tracks. Mr. Ortega responded that the housing property was triangular shaped, with the long side of the triangle along the tracks. Councilman Wilson agreed with Kelly that the City should be on top of this situation because as soon as it gets going there will be efforts to get the stations as close to the communities as possible. He felt that the City 12 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * -* * * * * * * * * * * * * * * * * * * * * * * * should make a concentrated effort to try and get a station in that general area. Council concurred. XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, Mayor Snyder adjourned to Closed Session at 5:18 p.m. as stated by the City Attorney. He reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C Mr. Folkers introduced new employee Maria Rivas to the Council. He noted that she was Custodian Dave Cehr's assistant and that he had not known how much a woman's touch was needed at City Hall until Maria came almost two months ago. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING SUNDAY, OCTOBER 13, 1991, AS "NAVY DAY" IN THE CITY OF PALM DESERT. Mayor Snyder read the proclamation and presented it to Lt. Cmdr. Grady Turner (USNRet). B. PRESENTATION OF PLAOUE OF APPRECIATION TO MR. PAUL WHITE FOR SERVICE ON THE CITY'S BUILDING BOARD OF APPEALS. Mayor Snyder noted that this presentation would be continued until Mr. White is able to attend a Council meeting to receive his plaque. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS With Council concurrence, Mayor Snyder stated that Public Hearing "C" would be considered first. C. CONSIDERATION OF REHEARING OF PRECISE PLAN/CONDITIONAL USE PERMIT AMENDMENT FOR A 70,000 SQUARE FOOT OFFICE/RESTAURANT COMPLEX ON 4.7 ACRES AT THE SOUTHEAST CORNER OF EL PASEO AND HIGHWAY 111, INCLUDING THE CLOSURE OF THE PALM DESERT DRIVE SOUTH FRONTAGE ROAD BETWEEN EL PASEO AND PANORAMA DRIVE (CUSACK RADAKER DEVELOPMENT, INC., APPLICANT). Mr. Drell reviewed the staff report, noting that this was a rehearing to correct some confusion in the earlier hearing due to incomplete noticing of the public hearing and the fact that the public hearing notice did not specifically note the closure of the frontage road. He said one letter had been received from Mr. Frank Occhipinti in opposition to the Panorama/Frontage Road closure and was included in the packets. In addition, another letter had been received just before this meeting from owners of properties on Lantana Avenue and Larrea Street also in opposition to the closure of Palm Desert Drive south frontage road at El Paseo and Panorama Drive. He offered to answer any questions. Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. The owner of the Tools, Inc. building addressed Council and said his tenants felt they would be severely impacted by the closure of the street. He asked for a compromise that would allow everyone to benefit. MR. BILL CUSACK, Cusack Radaker Development, said he was surprised to find out that the tool business had a problem since he had met with them and gone over the plan. He said he did not see that the change would have a big impact on the business and felt it was better from the standpoint of traffic control. DR. HAWKINS, representing Desert Chiropractic, expressed concern that patients would have a more difficult time in being able to get to his office. Mr. Drell responded that there would be no change in front of the Desert Chiropractic offices. With no further testimony offered, Mayor Snyder declared the public hearing closed. Councilman Kelly stated he felt this was an excellent improvement for traffic circulation and safety and that the developer and staff had come up with an excellent plan. He said he was very much in favor. 14 MINUTES REGULAR PALM DESERT '.TY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * _.* * * * * * * * * * * * * -. * * * * * * * * * * * Upon question by Councilmember Benson, Mr. Drell responded that the project did meet the requirement for restaurant parking. Councilman Crites moved to reaffirm the Council's decision of August 22, 1991, and waive further reading and adopt Resolution No. 91-117, approving PP/CUP 89-3 Amendment, subject to conditions. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilman Wilson voting NO. Councilman Wilson noted that his objection to the entire project had been stated during the previous public hearing. NOTE: PUBLIC HEARINGS "A"AND "B"WERE CONSIDERED TOGETHER. A. REOUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE AS IT RELATES TO PERMITTED CONDITIONAL USES IN THE P-PUBLIC/INSTITUTIONAL ZONE, CASE NO. ZOA91-2 (Continued from the Meeting of August 22, 1991). B. REOUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE AS IT RELATES TO PERMITTED CONDITIONAL USES IN THE C-1, PC-2, PC-3, AND PC-4 COMMERCIAL ZONES. Councilman Crites noted for the record that he would not participate in the decision - making for this project because of his employment with the College of the Desert and potential conflict of interest. Councilman Wilson stated that he also would abstain because of the appearance of a conflict of interest. Mr. Diaz stated that from the headlines in the newspaper and the electronic media, it might appear that Council would be discussing the Street Fair at College of the Desert and the pros and cons of that issue. However, he said that was not the issue before Council at this time. Instead, Council would be considering an ordinance changing the zoning to permit these types of activities as a conditional use in the commercial zones. He stated that the original zoning ordinance amendment was to apply only to the P- Public Institutional zone; however, at the Planning Commission hearing the Palm Desert Chamber of Commerce recommended that the zoning ordinance be amended to allow similar applications on private property in the City commercial zones. Planning Commission concurred and sent the zoning ordinance amendment on the public zone to the Council with a recommendation that both public hearings be held at the same time. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated that what was before Council at this time was two zoning ordinance amendments that would allow street fairs and swap meets with a conditional use permit application. He clarified that if a group wished to have a one-time event such as a moonlight sale, that was allowed under the current zoning ordinance under special permit granted by the Department of Community Development. He said the amendment would allow the College of the Desert and private property owners to apply for conditional use permits and allow the City to fully assess and deny or approve such permit subject to conditions to be imposed on the operation. He said staffs recommendation was to affirm the recommendations of the Planning Commission and Chamber of Commerce and pass both of these ordinances to second reading. Mayor Snyder declared the public hearing open and stated that this was not the time when Council would be approving or not approving the operation of the College of the Desert Street Fair and that there would be another public hearing to consider it. MR. DAN EHRLER, Executive Vice President of the Palm Desert Chamber of Commerce, stated that the Board of Directors recommended approval of the two zoning ordinance amendments. He said the Board's decision was based on two issues: 1) It believed that the application process should be applied to both commercial and public/institutional areas and that this would be the equitable way to address issues such as open air sales; 2) the City has agreed to receive input from a committee whose membership is made up of representatives from different business areas in the City and which will review any and all applications for open air sales received by the City. He reviewed the procedure the Committee would use in reviewing and making recommendations to the City. DR. DAVID GEORGE, President of the College of the Desert, residing at 73-230 Calliandra, addressed the Council in support of the zone change and the continuance of the Street Fair, noting that he felt it was having positive, not negative, impact on the Valley, bringing in some 10,000 people every weekend. MR. HENRY HOYLE stated he would abstain from speaking at this time. MRS. JULIE BORNSTEIN, a resident of Palm Desert and President of the Board of Trustees of the Desert Community College District, expressed concern with the recommendation of the Chamber of Commerce to include both institutional and commercial zones in the ordinance amendment. With regard to the Committee to be reviewing the conditional use permit applications, she was concerned that the College of the Desert was not included as a representative, and she said she hoped if Council did choose to have such a committee that the College would be an active participant. She added that she assumed it was the responsibility of the City to make the final decision to approve or disapprove the conditional use permit. She stated that the College was 16 MINUTES REGULAR PALM DESERT ITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * - * * * * * * * * * * * * * * * * * * * * * * * * strongly in favor of Public Hearing A, changing the zoning in the P-Public/Institutional area. With regard to Public Hearing B, the Board did not feel it should express any specific opinion but had no opposition to changing the zoning in the Commercial areas. She concluded her remarks by saying there was a very strong interest in the continuance of a very fun public activity and urged the Council to approve the zone change in Public Hearing A. MS. ELAINE POIRIER stated she would abstain from commenting at this time. MS. MARY DUNGANS, Desert Adventures, said she felt the College of the Desert had done an excellent job with the swap meet for the last eight years. She added that she fully supported El Paseo. She said if the College is trusted to train and educate our children, why can't it be trusted to select vendors for the street fair? MR. RICHARD HOUGHTON, Attorney, 75-005 Country Club, stated he represented a non-profit organization known as The Concerned Merchants of the Coachella Valley which had brought suit against the City in an attempt to have the City enforce the current zoning ordinance as it is written. He said he had not heard anyone address the issue of whether outdoor sales was something the City wanted and that those he represented felt it was not in the best interests of the City to have such outdoor public sales. He expressed concern that Council would be voting in a vacuum if it took action at this time without looking at different conditions or restrictions that would apply to outdoor sales. Mr. Diaz responded that each conditional use permit application would be handled on a case by case basis, with each case having its own set of conditions or restrictions applied. He said Council would have the necessary information to make a decision because both the applicant and those who may be opposed would be providing it. MS. JEAN TURAN, Executive Director of the Alumni Association at College of the Desert, said she was in complete agreement with Dr. George and Mrs. Bornstein. She added that the Association would like to have the ordinance changed because it wanted to be completely legal in the City's eyes. MR. PAUL CAMPBELL, 72-805 Parkview Drive, expressed opposition to the zone change and said he felt the current zoning ordinance should be enforced. He said the zoning ordinance had been in effect since 1975 and that changing it would take control away from the City, He added that he felt it should not be changed for a specific interest group in the community. Mr. Erwin stated that the City's zoning ordinance was always subject to change, was constantly being reviewed, and that some portions were required to be reviewed and updated every so many years. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. MICHAEL KWAIT addressed Council and stated that he did not like the idea of a Street Fair being in Palm Desert even though he supported the College of the Desert as a businessman and member of the Rotary Club. He said he liked the City the way it was and wanted it to stay that way. MR. ROGER PORTER, 42-501 Flagstaff, Thousand Palms, said he was a seller at the Street Fair. He said he felt the Council should make a decision now about the zoning ordinance amendment and that people should wait until the public hearing on the Street Fair itself to express their opinions. MR. MARTIN KAUFMAN, 73-690 El Paseo, asked that Council include in the ordinance a condition that any conditional use permit event that has more than 25 sellers of new merchandise be required to have an environmental impact report done. In addition, each seller should have a City business license and a resale license. MS. BARBARA WATSON said she felt the monetary situation of our educational institutions was horrible and encouraged adoption of the zoning ordinance amendments. MR. JIM STRUCK, 73-199 El Paseo, expressed opposition to the zoning amendment. He added that what bothered him the most was the way this had been handled by the media. MS. MARIANNE HODGKINS, Kitchen Fancy, 73-930 El Paseo, said she had supported the City for many years by paying her business taxes and hoped the City would now support the business community and not approve the zoning ordinance amendments. MR. FRANK VILLANUEVA from Victorville said he was considering starting a business in Palm Desert and would be in favor of the ordinance amendment if it would help the community; however, if it was going to affect him as a new business owner, he would not support it. With no further testimony offered, Mayor Snyder declared the public hearing closed. Councilmember Benson questioned the logic of the Chamber of Commerce wanting the zoning ordinance amendment in the commercial zones when they can already have special events. Mr. Diaz clarified that the zoning ordinance amendment would allow for an outdoor sales event as a permanent type of business. Councilman Kelly said he would probably vote in favor of the zoning ordinance amendments but would do so specifically so that the issue of the Street Fair itself can then be addressed. He agreed with the statement made by a member of the audience that the Council should be discussing the issue of open air shopping in the City of Palm 18 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING OCTOBER 10, 1991 * * * * * * * * * * * 4._* * * * * * * * * * * * * * * * * * * * * * * * Desert without regard to what is being done at College of the Desert. He said he felt there were still many problems to be solved. He said this was not a simple issue and that there would have to be a lot of discussion and thought given to this issue. He added that although we all support the College, there must be some kind of compromise. Councilman Kelly moved to: 1) Waive further reading and pass Ordinance No. 6_5_6 to second reading, amending Chapter 25.38 of the Code of the City of Palm Desert relating to the P- Public/Institutional District; 2) waive further reading and pass Ordinance No. 659 to second reading, amending Chapter 25.28 and 25.30 of the Code of the City of Palm Desert relating to the commercial districts. Motion was seconded by Benson. Councilmember Benson said she agreed with Councilman Kelly's concerns. She felt this was a tough decision and said the Council must answer to over 10,000 other constituents, not just the merchants. She said the Council was dedicated to the City of Palm Desert and wanted the best for its community. Mayor Snyder called for the vote. Motion carried by a 3-0-2 vote, with Councilmembers Crites and Wilson ABSTAINING. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, Mayor Snyder adjourned the meeting at 8:32 p.m. ATTEST: SHEILA R. GIL,,IGAN, C Y CLERK/P.I.O. CITY OF PALM DESERT, CALIFORNIA WALTER H. SNYDER, MAYOR 19