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HomeMy WebLinkAbout1992-01-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p. m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Mayor Pro-Tempore Jean M. Benson IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Doug S. Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Director of Redevelopment Paul W. Shillcock, ACM/Director of Economic Development Paul Gibson, City Treasurer/Director of Finance Pat Conlon, Director of Building & Safety Wayne Ramsey, Acting Director of Code Compliance David Wilhelm, Director of Human Resources Larry McAllister, General Services Director V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 9, 1992. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR1206 and WR0100. Rec: Approve as presented. C. SCHEDULE OF INVESTMENTS dated October 31, 1991. Rec: Receive and file. D. STATEMENT OF CASH TRANSACTIONS dated October 31, 1991. Rec: Receive and file. E. REOUEST FOR PLAN CHECK EXTENSION for Lehv Office Building Located at 73- 161 Fred Waring Drive, Palm Desert. Rec: By Minute Motion, deny the request. F. REQUEST FOR PLAN CHECK EXTENSION for The Fedderly Company Located at 73-121 Fred Waring Drive, Palm Desert. Rec: By Minute Motion, deny the request. G. REOUEST FOR APPROVAL of Amendment #4 to Cove Public Safety Commission Joint Powers Agreement (Contract No. 00-316-4). Rec: By Minute Motion, authorize the Mayor to execute Amendment #4 to the Cove Public Safety Commission Joint Powers Agreement (Contract No. 00-316-4). H. REOUEST FOR APPROVAL of Internally Illuminated Street Name Sign Program for the City of Palm Desert. Rec: By Minute Motion: 1) Approve the street name program; 2) authorize the purchase of the sign compartment plates from Nu -Art, a lighting and manufacturing company from Santa Fe Springs, California, in an amount not to exceed $20,000. As these materials are unique in nature, staff is requesting the bidding requirements be waived per Municipal Code Section 3.32.090, Exemptions; 3) authorize staff to continue with Phase II of the Program to cover signalized intersections along Highway 111 and bring the matter for further review to the Council at a later date. I. REOUEST FOR ACCEPTANCE OF WORK for the Fred Waring Drive Improvements Project (Contract No. 00-551). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 2 AIN U 1 ES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * - * * * * * * * * * * * * . * * * * * * * * * * * J. REQUEST FOR RELEASE of Subdivision Improvement Securities for Tract 25217. (Amalgamated Steel Boom and Barge, 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. K. REOUEST FOR APPROVAL of Parks Equipment Trade -In. Rec: By Minute Motion: 1) Approve the merchandise trade-in of a surplus Oathe blower for $1,677.28; 2) authorize the purchase of a new Toro mower and backpack blower ($1,717.44),utilizing the trade-in toward these for net purchase cost of $40.16. L. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Landscape Retrofit at the Civic Center Site (Contract No. 00-602). Rec: 1) Review and approve the final landscape design as presented by the landscape architect in the Construction Documents; 2) by Minute Motion, authorize the City Clerk to advertise and call for bids for the landscape retrofit at the Civic Center site. M. LETTER from Homeowners on Haystack Road between Portola Avenue and Heliotrope Relative to Revision of Haystack Road Marking Changes. Rec: Refer to staff for report and recommendation. N. REOUEST FOR RATIFICATION of City Manager's Approval of Request from Design Industries Foundation for AIDS (DIFFA) for Skylights at the McCallum Theatre on February 16 and 17, 1992. Rec: By Minute Motion, ratify the City Manager's approval of this request. O. REQUEST FOR APPROVAL of Change Order No. 8 to Contract No. RD-422 for the Civic Center Master Plan Project. Rec: By Minute Motion, approve Construction Change Order No. 8 to the current contract No. RD-422 for the Civic Center Master Plan for the payment of extended line items in the construction of Rest Room "B",the Picnic Pavilion, and the Tennis Courts in the amount of Twenty Eight Thousand Three Hundred Eighty Seven Dollars ($28,387.00) and transfer this amount from contingency to base in account #850-4562-0000. Councilman Crites removed Item G, Councilman Wilson removed Item H, and Mayor Pro-Tem Benson removed Item C from the Consent Calendar for separate discussion under the Consent Items Held Over portion of the Agenda. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, the remainder of the Consent Calendar was approved as presented. VI. ORAL COMMUNICATIONS - A MR. DAN EHRLER, Executive Vice President of the Palm Desert Chamber of Commerce, expressed the Chamber's appreciation and gratitude to Mr. Folkers for his quick response in getting the large accumulation of palm trees and other growth cut back around the parking area. He said before it was done, the area was "an accident waiting to happen", and the quick service was very much appreciated. MS. NANCY DOLENSEK, Executive Director of the McCallum Theatre, addressed Council relative to a fund-raising carnival planned for February 14 - 23, 1992 (verbatim transcript attached hereto and made a part hereof as Exhibit "A"). MR. DAVID SCHULER, Area Manager for Executone, stated that on January 10, 1992, he had sent a letter of protest to the Council relative to the award of the telephone system contract to Fujitsu. He said the body of the letter addressed several items they felt were preferential and not fair to them, including the following: Executone was never advised of any adjustments that needed to be made to the original quote. - A presentation of Executone's system was made at a customer site, while Fujitsu was allowed the opportunity to do a demonstration in the office instead of just at a customer location. He said he felt Executone had served the City of Palm Desert in good faith. Councilman Kelly stated that the Council had received the letter and asked the City Attorney if he interpreted that letter as a threat to sue. Mr. Phillips responded that he did and said it wouold be appropriate to discuss the matter in Closed Session pursuant to Government Code Section 54956.9 (a) and (b), pending and potential litigation. He said it was the City Attorney's position that this was not a public works bidding item subject to the State public contract requirements; rather, it was subject to the City's purchase policy, and the Council has discretion to look not just at price but at other issues as well. He recommended that it be discussed in Closed Session. Council concurred. Mr. Schuler stated it was not his firm's intent to take this to legal process. Instead, he said that any bids put out should offer everyone the same practice, and he was asking that they be given the same opportunities as the other companies were given. 4 IviINUTES REGULAR PALM DESER'' ,TTY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * _ * * * * * * * * * * * * 4 * * * * * * * * * * * VII. RESOLUTIONS A. RESOLUTION NO. 92-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION 89-126A AND APPROVING BYLAWS OF THE PALM DESERT POLICE ADVISORY COMMITTEE. Mr. Altman stated there was a memo in the packets and recommended adoption of the resolution. Councilman Snyder moved to waive further reading and adopt Resolution No. 92-4. Councilman Crites suggested an amendment to the resolution relative to meeting dates. He said he felt it was inappropriate to put a day and time in the by-laws because whenever the meeting day or time is changed, the by-laws would have to be amended. He suggested that reference to the day and time be striken from the by-laws. Councilman Snyder agreed with the amendment, and Councilman Crites seconded the motion. Councilmember Benson asked whether this would make it an official committee and would mean that members of the Police Advisory Committee would now have to fill out the forms used for other committees and replacements and whether this should be in the by-laws. Mr. Altman responded that in the past Council had left it to the Committee to choose its own members. Mayor Kelly called for the vote. Motion carried by unanimous vote of the Council. B. RRSOLUTIQN NO. 92-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS COMPLYING WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AS AMENDED, AS IT PERTAINS TO CONDITIONAL USE PERMIT 91-13. THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MEETING. RSK: Richard S. Kelly Mayor, City of Palm Desert BAA: Bruce Altman City Manager, City of Palm Desert RAD: Ramon Diaz ACM/Dir. of Community Development, City of Palm Desert 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MB: Michael Becker 73-051 Guadalupe, Palm Desert JMB: Jean M. Benson Mayor Pro-Tempore, City of Palm Desert DSP: Douglas S. Philips Deputy City Attorney, City of Palm Desert WHS: Walter H. Snyder Councilman, City of Palm Desert SRG: Sheila R. Gilligan City Clerk/P.I.O., City of Palm Desert RSK: The next item on the Agenda is Resolution No. 92-5, a resolution of the City Council of the City of Palm Desert, California, certifying a Negative Declaration of Envrionmental Impact as complying with the requirements of the California Environmental Quality Act of 1970 as amended as it pertains to Conditional Use Permit 91-13. BAA: Mr. Diaz will brief you on this one, Mr. Mayor. RAD: Yes, this is a resolution certifying the negative declaration. If you'd like, I can read it, but I don't think you want me to. RSK: Okay, we have one person that would like to talk on this subject - Mr. Michael Becker. MB: Yes, Mr. Mayor, I have a question on this declaration. At the last City Council meeting while discussion was going on about this declaration, it was stated I believe by Mr. Diaz that the declaration could only be approved if the street fair went no further than 12:00 noon. I have gathered all of the reports leading up to this and I can't seem to find the justification for that. I was wondering where Mr. Diaz got his information. I have his signature right here stating that he is issuing a negative declaration based on an initial study that I have right here that shows nothing about a time limit. In fact, the initial study shows that other than some problems with the turning lanes there are no negative impacts from the street fair at College of the Desert. RAD: Mr. Mayor and members of the Council. As I indicated at the last meeting, and it is contained in the staff report as secondary recommendations to no Saturday selling at all, was to terminate at 10:00, then 11:00, possibly 12:00. And I stand by that. If there is an objection to this negative declaration of environmental impact on those grounds, then we would say that the Council may wish then to instruct staff to prepare a full 6 MINUTES REGULAR PALM DESERT 'ITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * *__ * * * * * * * * * * * environmental impact report and suspend the conditional use permit. The evidence, the information, and the rationale for backing the negative declaration and limit Saturday selling to the hours that are set forth in the conditional use permit are within the staff report which is part of the negative declaration of environmental impact. MB: That is true, it is in the staff report. However, the Planning Commission made no recommendations of that after reading the staff report, after public hearings, they made no such recommendation. And like I say, the initial study that this supposedly was based on also makes no recommendation as to time; in fact, it points out that the only problem was in circulation, and it states that the circulation on Saturdays at those particular hours is the same as on weekdays. So that is why I'm trying to figure out how the staff, the staff made have made that recommendation, but nobody else did. The Planning Commission certainly ignored that recommendation. JMB: That is why it was called up to Council, because the Planning Commission did ignore it. MB: The Planning Commission heard public testimony and chose to ignore it because they didn't feel it to be an issue. JMB: Right, and that is the prerogative of the Council after. If they don't agree with the decisioi made at the Planning Commission, they may call the issue up for review by the Council, and that's what happened. MB: Thank you. RSK: I have a question. On page 4 of the resolution in our packet... RAD: On the negative declaration - yes... RSK: Well, I don't know whether this, I'm not sure whether this is a copy of something from the Planning Commission or what it was from. But on page 4, and as far as I can tell this is the resolution 91-13, on page 4 it specifies that Item 7, are you on that page with me? RAD: 1 don't think so. RSK: It may just be backup material that does not affect, is different in some other location that I didn't find it. But Item 7 says "shall operate on Sundays only". RAD: That was the first staff resolution that went to the Commission. RSK: I guess I had trouble finding that same thing in what we approved, where we specified different times. RAD: Okay, that time is contained in the resolution approving the conditional use permit, which is Resolution 92-6. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BAA: The next item on the Agenda. DSP: Mr. Mayor, it is the next item. This negative declaration would be approved by you with the understanding that those conditions, including the time limits, would be put into affect. And that's the reason why staff is recommending this negative declaration to you. It incorporates those conditions. RSK: This time is not the same as we approved. RAD: It's in the conditional use permit. DSP: The new one does. RAD: Right, the new one does. RSK: That's my question. The new one, the one we're acting on doesn't say this. RAD: Right, but the new one does. RSK: Okay. What is the Council's pleasure. JMB: I would move to waive further reading and adopt Resolution No. 92-5. WHS: Second. RSK: Would you indicate your pleasure by voting. DSP: And just so I'm clear, that would include then the mitigation monitoring program as well? RAD: Yes. DSP: Thank you. SRG: Motion carries by a 3-0-2 vote, with Councilmembers Crites and Wilson abstaining. C. R SOLUTION NO. 92-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A STREET FAIR BY THE COLLEGE OF THE DESERT ALUMNI ASSOCIATION ON THE CAMPUS OF THE COLLEGE OF THE DESERT, CASE NO. CUP 91-13. THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MEETING. 8 MINUTES REGULAR PALM DESERT "ITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * , s * * * * * * * * * * * RSK: Richard S. Kelly Mayor, City of Palm Desert BAA: Bruce Altman City Manager, City of Palm Desert RAD: Ramon Diaz ACM/Dir. of Community Development, City of Palm Desert MB: Michael Becker 73-051 Guadalupe, Palm Desert JMB: Jean M. Benson Mayor Pro-Tempore, City of Palm Desert DSP: Douglas S. Phillips Deputy City Attorney, City of Palm Desert WHS: Walter H. Snyder Councilman, City of Palm Desert SRG: Sheila R. Gilligan City Clerk/P.I.O. , City of Palm Desert RSK: Next item on the Agenda is Resolution No. 92-6, a resolution of the City Council of the City of Palm Desert, California, approving a conditional use permit to allow the operation of a street fair by the College of the Desert Alumni Association on the campus of the College of the Desert, Case No CUP91-13. BAA: Mr. Diaz will cover this one for you. RAD: Yes, Mr. Mayor, your specific question, it would be condition 7 on page 6: "The C.O.D. Street Fair shall operate on Saturdays from 7:00 a.m. to 12:00 p.m. and on Sundays from 7:00 a.m. to 3:00 p.m." RSK: What is the Council's pleasure? JMB: I would move that we waive further reading and adopt Resolution No. 92-6. WHS: Second. RSK: It's been moved and seconded that we waive further reading and adopt Resolution No. 92-6. Would you indicate your pleasure by voting. SRG: Motion carries by a 3-0-2 vote, with Councilmen Crites and Wilson abstaining. 9 REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WI. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 665 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.24 (PLANNED RESIDENTIAL DISTRICT) OF THE ZONING ORDINANCE RELATING TO DEVELOPMENT STANDARDS AND PERIMETER SETBACKS FOR TWO-STORY, SINGLE-FAMILY DETACHED BUILDINGS, CASE NO. ZOA 91-4. Mr. Altman noted that this had been introduced at the last Council meeting and that no changes had been made to the ordinance. He recommended its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. 665. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. ORDINANCE NO. 666 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 15.16.012,SECTION 10.309(b)5, RELATIVE TO REQUIREMENTS FOR AUTOMATIC SPRINKLER SYSTEMS IN CERTAIN OCCUPANCIES. Mr. Altman noted that no changes had been made since introduction and he recommended its adoption. Councilman Snyder moved to waive further reading and adopt Ordinance was seconded by Benson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER C. of this ordinance, No.666. Motion SCHEDULE OF INVESTMENTS dated October 31, 1991. Rec: Receive and file. Councilmember Benson requested clarification of some of the items which showed maturity dates of 1991, since it is now 1992. Mr. Gibson responded that it was because the report was dated October 31, 1991. He added that the item with the maturity date of January, 1991, was a typographical error and should be January, 1992. 10 MINUTES REGULAR PALM DESER" " ITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * __ * * * * * * * * * * * * a - s * * * * * * * * * * Councilmember Benson moved to receive and file this report. Motion was seconded by Wilson and carried by unanimous vote of the Council. Council. G. REOUEST FOR APPROVAL of Amendment #4 to Cove Public Safety Commission Joint Powers Agreement (Contract No. 00-316-4). Rec: By Minute Motion, authorize the Mayor to execute Amendment #4 to the Cove Public Safety Commission Joint Powers Agreement (Contract No. 00-316-4). Councilman Crites expressed concern with the Memorandum of Understanding, specifically Item #4 relative to the Children's Museum and the condition that the cities will automatically give $1.6 million if the Museum raises $1.4 million. He said he did not find that acceptable and said we would never have made the donation to the YMCA until we knew what the program would be, how it would operate, etc. Mr. Altman stated that this Memorandum of Understanding was adopted by the Council in December, 1990. Councilman Crites added that he had voted for it because he was told it would come back to the Council prior to funding. He said his proposal was to go back to the Cove Commission and insert in this condition wording that prior to any kind of approval of funding, there must be a program of funding submitted. He said he did not have a problem chipping in our part but not until we know what the program will be. Mr. Altman suggested that this matter be held over and said he would discuss it with the other cities. Councilman Crites moved to continue this matter to the meeting of February 13, 1992. Councilmember Benson noted that she was now on the Board for the Children's Museum and said she was asking for copies of their funding, budget, and how they will operate. Councilman Snyder agreed that there might be a need for some clarification but said there had been justification at the time the MOU was approved. Councilmember Benson seconded the motion. Motion carried by unanimous vote of the 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REQUEST FOR APPROVAL of Internally Illuminated Street Name Sign Program for the City of Palm Desert. Rec: By Minute Motion: 1) Approve the street name program; 2) authorize the purchase of the sign compartment plates from Nu -Art, a lighting and manufacturing company from Santa Fe Springs, California, in an amount not to exceed $20,000. As these materials are unique in nature, staff is requesting the bidding requirements be waived per Municipal Code Section 3.32.090, Exemptions; 3) authorize staff to continue with Phase II of the Program to cover signalized intersections along Highway 111 and bring the matter for further review to the Council at a later date. Councilman Wilson stated that seven or eight years ago Council suggested that staff examine changing the colors of the City's street signs, but we went to an insignia instead. Then in the last year the Civic Arts Committee suggested the same thing. He asked where staff was in this study and said he would hate to go out and spend a Iot of money on this program at this time if the color is going to be changed. Mr. Folkers responded that this had been reviewed and that the decision at this point was to stay with the current colors; however, if Council wished to have the matter reviewed further, staff would do so. He added that staff felt the current colors were compatible with what is spelled out in the California Traffic manual. Councilman Wilson stated that he was disappointed about not having a change in the color but understood the explanation. Councilman Crites moved to, by Minute Motion: 1) Approve the street name program; 2) authorize the purchase of the sign compartment plates from Nu -Art, a lighting and manufacturing company from Santa Fe Springs, California, in an amount not to exceed $20,000. As these materials are unique in nature, staff is requesting the bidding requirements be waived per Municipal Code Section 3.32.090, Exemptions; 3) authorize staff to continue with Phase II of the Program to cover signalized intersections along Highway 111 and bring the matter for further review to the Council at a later date. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Wilson voting NO. X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A SIGN REQUEST BY IMPERIAL SIGN COMPANY ON BEHALF OF 99 CENT VIDEO LOCATED AT 73-963 HIGHWAY 111,e No. 2095SA Mr. Diaz reviewed the staff report, noting that staff concurred with the decision of the Architectural Review Commission and recommended denial of the appeal. MR. JAMES ENGLE, JR., Imperial Sign Company, said the customer, 99 Cent Video, wished to remove the existing awning and install red channel letters instead. 12 MINUTES REGULAR PALM DESER'" CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * , * * * * * * * * * * * Councilman Wilson noted that the awning was over two businesses and asked if the request was to remove half the awning. Mr. Engle responded that the request was to remove the entire awning and have just the fascia wall. He added that another concern was that the awning obstructs vision and makes the building look smaller. Councilmember Benson stated she had gone out to look at the awning and felt it added to the building and made it look more modern. Mr. Engle asked whether Council would approve the sign program if they were to leave the awning, clean it up, and add signage with reverse channel, halo -lit, 18-inch red letters. Mayor Kelly responded that the applicant would have to go back to the Architectural Review Commission for consideration. Councilman Crites moved to, by Minute Motion, deny the appeal and affirm the decision of the Architectural Review Commission. Motion was seconded by Wilson and carried by unanimos vote of the Council. B. ROUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR FURNISHINGS FOR THE CIVIC CENTER EXPANSION (Contract No. 00-603). Mr. Altman noted the memo in the packets and said Mr. McAllister was available to answer any questions. Councilman Wilson expressed concern with adding more space to take care of existing staff who should already have desks, file cabinets, etc. He said he was afraid we will next need new staff to use the new furniture we are buying. Councilman Crites agreed and said he would be happy to join Councilman Wilson with a NO vote. Councilmember Benson said she could understand the need to carpet and do some things with the flooring; however, there is a lot of office furniture that can be used that is in the basement of the Sheriff Station. Mr. Altman suggested that this matter be sent back to the Expansion Committee for review. Councilman Wilson moved to, by Minute Motion, continue this matter to the meeting of February 13, 1992, and direct staff to meet with the appropriate committee to pare the request down more. Motion was seconded by Crites and carried by unanimous vote of the Council. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega stated that he had nothing new to report at this time. 2. Update on Tri-Cities Sports Facility. Mr. Diaz stated that the rough draft of the Environmental Impact Report was available and would be distributed to Council. He said it did not include the exhibits as yet. He added that staff would probably begin the 30-day review period next week. 3. Status of Date Palm Grove. Mr. Shillcock noted that the conceptual proposal submittd by the developer had been reviewed by the Planning Department and was currently being reviewed by the Public Works Department. He said a meeting had been tentatively scheduled for the second week in February to finalize the conceptual design so staff will have something to bring to Council. XI. CONTINUED BUSINESS A. RUOUEST FOR APPROVAL OF DOWNEY SAVINGS AND LOAN (DSL) TRAFFIC SIGNAL REQUEST (Continued from the Meetings of October 24 and December 12, 1991.) Mr. Folkers reviewed the staff report, noting that the consultant had recommended channelization of the Highway 111/Fred Waring Drive intersection to prohibit left turns out of and control left turns into the DSL and Toys-R-Us centers, with coordination of this signal with the Highway 111/Fred Waring Drive signal controller. He said a second option recommended by the consultant was to leave the intersection to operate with a two-way stop control which would effectively allow all movements to take place with no restrictions. He added that staff had reviewed these options and felt signalization of the intersection would cause a lot of circulation problems. Mr. Folkers reviewed staffs recommended solution as described in the staff report and offered to answer any questions. MR. WENDELL HINDLEY, DSL Service Company, stated that the worst case would be to have left turns out of the site going east on Fred Waring Drive, which is something they were not requesting. MR. WES PRINGLE, 680 Langsdorf Drive, Fullerton, agreed with staff that warrants were not met for a signal at this intersection. He said his concern was the potential of traffic trying to turn left into the site from a queue or line backed up to Highway 111 and the safety factor of that. He said they proposed that it was not necessary to 14 MINUTES REGULAR PALM DESERT " ITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * . * * * * * * * * * * * coordinate the signals and that all they would need to know is the timing for when the signal at Highway 111 is turning red for westbound traffic on Fred Waring. Mr. Folkers responded that staff's recommendation was still to proceed with the channelization and not proceed with a traffic signal at this time because there is not sufficient evidence to show that it can be done in such a way as to minimize potential problems. Upon question by Councilman Wilson, he stated that channelization would be the same with or without a signal. In addition, staff could have all of hardware aspects and conduit put in and determine at a later date whether or not to go with a traffic signal depending on what develops. Councilman Wilson moved to, by Minute Motion, authorize staff to proceed with the plan as outlined in the staff report but encourage the applicant to go ahead and put in all the conduit and undergrounding at this time in case Phase I does not work. Motion was seconded by Benson. Councilman Wilson commented that one of the worst signals in our city is at San Gorgonio and Monterey Avenue. He asked if there was any way to make it a "slave" to the Highway 111/Monterey signal so that when traffic is flowing on Highway 111, the signal is also green for San Gorgonio traffic, and when the Highway 111/Monterey Avenue signal is green for north/south Monterey Avenue traffic, the San Gorgonio signal cannot function as a red light at that intersection for the north/south traffic. Mr. Folkers responded that this had been done in the past but that people on the side streets complained about having to wait so long. Councilman Crites stated he wanted to be sure when it was originally decided to block off Joshua Road that we did not promise the people that they could go through the DSL site and then be able to go east on Fred Waring, and he asked that staff go back and review this. Mayor Kelly called for the vote. Motion carried by unanimous vote of the Council. XII. OLD BUSINESS None 3GII. REPORTS AND REMARKS A. CITY MANAGER 1. Purchase_ of Picnic Tables for Picnic Pavilion Mr. Altman stated that this matter had come up after the Agenda was posted and asked that Council add it to the Agenda for discussion. Councilman Wilson moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote of the Council. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman reviewed the staff report, noting that the picnic pavilion had recently been completed. He said staffs recommendation was to approve the purchase and assembly of thirty (30) hexagonal picnic tables in the amount of $13,253.25. Mr. Folkers added that the tables were almond colored and made from recycled material. Councilman Crites moved to, by Minute Motion: 1) Approve the purchase and assembly of thirty hexagonal picnic tables from Environmental Specialty Products, Inc. in the amount of $13,253.25, and 2) make a finding pursuant to Palm Desert Municipal Code Section 3.32.090,sole source purchase of unique products. Motion was seconded by Snyder and carried by unanimous vote of the Council. 2. Economic Development Advisory Committee Recommendation Relative to California ate University. San Bernardino Councilman Crites moved to add this item to the Agenda for discussion as one which came up after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Shillcock reviewed the staff report, noting that it was the recommendation of the EDAC that Council declare a matter of high priority to seek various possible locations for a future California State University, San Bernardino, branch campus and direct staff and an appropriate group to begin this search immediately. He offered to answer any questions. DR. PETER WILSON, Interim Dean of the Cal State Coachella Valley Center (CVC), stated that the CVC had opened in the fall of 1986 with an enrollment of 80 students, with this quarter's enrollment in excess of 600 students. He said their current space consisted of leased modular buildings and that the space available now would probably take care of their needs for the next three to four years before they would have to look for alternate space; however, in planning for the future, he said they knew at some point they would have to begin looking for a permanent site. He offered to answer any questions. For the record, Councilman Wilson asked the amount of acreage that would be needed for a branch campus and for a full Cal State University campus. Dr. Wilson responded that a branch campus would probably need about 40 acres of land, about the size of a high school, while a Cal State University campus would range from 150 to 200 acres in size. Mayor Kelly asked whether the proposal was for our staff to do the research and look for a location anywhere in the Coachella Valley. Councilman Wilson responded that the intent of the EDAC was that is was important to the economic viability of Palm Desert to have a campus, and if there is going to be a University campus in the Valley, we should do everything we can to get it in Palm Desert. He said the Committee felt it should come to staff right away to immediately 16 MINUTES REGULAR PALM DESERT 'ITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * _ * * * * * * * * * * * * * * * * * * * * * * * * start the process of looking for land that is still available to identify a 40-acre site that could be used for a branch campus and that can be expanded to 150 to 200 acres. He said it might involve working with large landowners in the north sphere area. He added that the idea was to put our staff with a committee of several Councilmembers and EDAC members to work with Dr. Wilson to explore locations and come back to Council with some suggestions as soon as possible. Mayor Kelly stated that with this being such a large State system, they should hayed staff that does these kinds of things. Councilman Wilson responded that they would be looking at the entire Coachella Valley, and the EDAC felt it was important to the City of Palm Desert to get out and aggressively pursue this. Mayor Kelly stated that he did not share everyone's enthusiasm for having a university in Palm Desert. He felt we have our share of higher education and that it should be spread around a bit because of impacts such as traffic. Councilman Crites moved to, by Minute Motion, approve the recommendation from the Economic Development Advisory Committee (EDAC) to declare a matter of high priority to seek various possible locations for a future California State University, San Bernardino, branch campus and direct staff and an appropriate group to begin this search immediately. Motion was seconded by Benson. Councilman Wilson suggested an amendment to the motion to form a subcommittee with representation by two Councilmembers, two members of the EDAC, and appropriate staff to work on this. Councilman Crites agreed to amend his motion, and Councilmember Benson agreed to amend her second. Councilman Snyder stated he felt higher education was sorely needed in this valley and that he saw no reason for it not to be in Palm Desert. Mayor Kelly called for the vote. Motion carried by a 4-1 vote, with Mayor Kelly voting NO. Councilmember Benson commented that at a Joint Powers Authority meeting the other day, Judy Vossler had reported that while she was home watching television, there was a student on soap opera program who was going to go to pre-med school at College of the Desert in Palm Desert. B. CITY ATTORNEY None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Snyder, and unanimous vote of the City Council, Mayor Kelly recessed the meeting at 5:55 p.m. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO MS. DARLENE ROMANO (Continued from Meeting of January 9, 1992). Mayor Kelly presented a plaque of appreciation to Darlene Romano for her efforts on behalf of the City and the citizens of Palm Desert. In addition, he presented letters from Congressman Al McCandless and Riverside County Supervisor Corky Larson and a plaque from Assemblywoman Tricia Hunter. On behalf of the Palm Desert Children's Choir, Ms. Romano expressed her thanks to the City Council for their support in promoting this group. 18 MINUTES REGULAR PALM DESER'" CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * i _ . * * * * * * * * * * * * __ * * * * * * * * * * * * B. APPOINTMENT TO THE CIVIC ARTS COMMITTEE TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MR. ROBERT SPIEGEL. Councilman Crites moved to, by Minute Motion: 1) Appoint Diane Morgan to the Civic Arts Committee to fill the vacancy created by the resignation of Alex Yaron; 2) appoint James Struck to the Civic Arts Committee to fill the vacancy created by the resignation of Robert Spiegel. Motion was seconded by Snyder and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. 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). (Continued from the Meetings of November 14 and December 12, 1991.) Mr. Altman noted that staff's recommendation was that this matter be tabled and readvertised for public hearing when the project is ready to come back to Council. Mr. Diaz added that the applicant had been unable to secure permission to put up the poles requested by Council and approval by Toys-R-Us to go into the center. Staff was recommending that the matter be tabled until those items are taken care of. Mayor Kelly noted that the public hearing was still open and invited testimony in FAVOR of or OPPOSED to this request. MR. LARRY BELL, Project Manager for Econo Lube N' Tune, stated he had finally received a letter via FAX from DSL two days ago. He said the letter expressed continued opposition to the project but stated no reason for the opposition. In addition, a negative response had been received from Toys-R-Us regarding the project because the Econo Lube N' Tune building would not fit in the footprint of the original Pizza Hut. He said his company was appealing that decision and hoped in the near future to have a more favorable response. He asked that the DSL opposition be set aside since they indicated no reason for that opposition. He added that they would support tabling the matter at this time. Mayor Kelly declared the public hearing closed. Councilman Wilson moved to TABLE this matter. Motion was seconded by Crites and carried by unanimous vote of the Council. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR CONSIDERATION OF THE ADOPTION OF THE MASTER DRAINAGE PLAN DATED JUNE, 1991, AND SEATING FEES FOR DRAINAGE FACILITIES IN ACCORDANCE WITH THE MASTER DRAINAGE PLAN (Continued from the Meetings of July 11, August 22, November 14, and December 23, 1991). Mr. Altman recommended this matter be continued to the next meeting because staff and the attorney were still working on it. Mayor Kelly noted the public hearing was still open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was received. Councilman Crites moved to continue this matter to the meeting of February 13, 1992. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. REPT TEST FOR CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ON THE FINAL DRAFT OF THE CITY OF PALM DESERT SOURCE REDUCTION AND RECYCLING ELEMENT AND THE HOUSEHOLD HAZARDOUS WASTE ELEMENT IMPOSED BY ASSEMBLY BILL 939, CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT. Mr. Wohlmuth reviewed the staff report for Public Hearings C and D, noting that this was one of the final steps for plan adoption for the Household Hazardous Waste Element and Source Reduction and Recycling Element. He stated that it had been brought to his attention by CVAG, the lead agency in this matter, that they must open their public hearing for the CEQA process before we can close our public hearing. He said the CEQA hearing would be held on Monday; therefore, staff was requesting that the Council open the public hearings and continue the matter to the meeting of February 13, 1992. He offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. Councilman Wilson moved to continue this matter to the meeting of February 13, 1992. Motion was seconded by Crites and carried by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF FINAL DRAFT OF THE CITY OF PALM DESERT SOURCE REDUCTION AND RECYCLING ELEMENT AND THE HOUSEHOLD HAZARDOUS WASTE ELEMENT IMPOSED BY ASSEMBLY BILL 939, CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT. See Public Hearing C for staff report. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. 20 REGULAR PALM DESER'' ,ITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * *_ * * * * * * * * * * * * *--* * * * * * * * * * * * Councilman Crites moved to continue this matter to the meeting of February 13, 1992. Motion was seconded by Benson and carried by unanimous vote of the Council. E. REOUEST FOR CONSIDERATION OF THE ADOPTION OF COMMUNITY FACILITIES DISTRICT 91-1 (INDIAN RIDGE PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. Mr. Altman stated that staffs recommendation was to open the public hearing to receive public testimony but then to continue the matter to the meeting of February 13, 1992, so that Sunrise has time to review the documentation. Mr. Ortega added that the developer has requested the public hearing be continued to the meeting of February 27, 1992. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. None was offered. Councilman Snyder moved to continue this matter to the meeting of February 27, 1992. Motion was seconded by Crites and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 7:35 p.m. to Closed Session pursuant to Government Code Section 54956.8, Real Property Transactions, 54956.9(a), pending litigation (Palm Desert v. Toys R Us, Big Horn Institute and County of Riverside v. Palm Desert, Levald v. Palm Desert, Cox v. Palm Desert, Rojo v. Rancho Mirage and the Barnum Case), and (b), potential litigation. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 8:25 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: .4/.6// SHEILA R. GILLI 3AN, Cr( ' CLERK CITY OF PALM DESERT, CALIFORNIA RICHA S. KELLY; MAYOR 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THE "ORAL COMMUNICATIONS - A" PORTION OF THE CITY COUNCIL MEETING OF JANUARY 23, 1992 BAA: Bruce Altman City Manager, City of Palm Desert BAC: Buford A. Crites Councilman, City of Palm Desert DSP: Douglas S. Phillips Deputy City Attorney, City of Palm Desert ND: Nancy Dolensek Executive Director, McCallum Theatre RAD: Ramon Diaz ACM/Dir. of Community Development, City of Palm Desert RSK: Richard S. Kelly Mayor, City of Palm Desert SRG: Sheila R. Gilligan City Clerk/P.I.O., City of Palm Desert RSK: Is there anyone else who would like to speak to the Council on any item not otherwise on the agenda? ND: My name's Nancy Dolensek and I'm the Executive Director of the McCallum Theatre. We were asked to be here today. I don't know whether this is the appropriate time to address the Council or not. You'll have to tell me that. RSK: I guess I need to check with staff and determine, is this the time? This was the intended time. ND: Okay. I'm here to address the, the question of the McCallum Theatre doing a fund raising carnival in February, from February 14th through the 23rd. In July, our Director of Development, Nancy Trapnell, came to meet with the City of Palm Desert, specifically Bruce Altman and Ray Diaz, to ask them what was needed for us to do a carnival on the grounds of the McCallum Theatre and the College of the Desert. They said that we did not need any permits, it was, and gave her their blessings, that we should meet with the Sheriffs Department to deal with the logistics of it, which she did. She then went to the Sheriff's Department and met with Lt. Janes, who said the same thing; that we did not need permits, that we had his 22 MINUTES REGULAR PALM DESER" �ITY COUNCIL MEETING * * * * * * * * * * s... * * * * * * * * * * • EXIIIB1T 'A' JANUARY 23, 1992 * s * * * * * * * * * * * * blessing. She, but that we should meet with David George, the President of the College of the Desert and work logistics out with him, which indeed we also did. I believe some of you are, all of you have copies of the correspondence that she had with those various people, and if, if you don't we'd be happy to supply you with it. Several days ago I received a call from Ray Diaz, who had read an item in Fred Heider's column on Monday talking about the carnival that we were planning to bring. Ray Diaz asked me if we had talked to the City about it. I said yes, that we certainly had. That I hadn't done that personally, but Nancy had done that. Contacted Nancy who got in touch with Ray Diaz, and reminded him of their meeting and of the subsequent correspondence. She also met with him that day, and the tenor of that meeting was, well, there seems to be a little problem, but we'll work it out and can you meet tomorrow to deal with the logistics of it; the parking, the traffic control, and she said yes. Yesterday, Nancy Trapnell and Charles Joya, our Director of Operations, met with Ray Diaz, with Captain Bloomquist, and with Lt. Janes with what was alleged to be a logistical meeting for the carnival; which indeed turned out to be nothing less than an inquisition. We were told that we could not do the carnival, we were accused of bringing gangs into the desert from Los Angeles, we were compared to porn houses, with bringing bad elements in, with bringing law breaking carnival workers in who didn't bathe. It was, in short, a meeting of accusations and incrimination, and they were treated like a criminal element themselves. There did not seem to be much interest in the quality of the carnival that we were bringing in, that what they would see at that carnival were really rides from around the world that had only been shown in a few places in the world, a carnival that could only be seen at a place like Oktoberfest. They were not interested in the fact that the carnival is rated number three in the world. In the past 24 hours since that, I have had hang-up calls at work from people who happen to live, I don't know who they were because they hung up, in the same place that I live, in fact, coincidentally that the Davis' live, the Davis' who own the carnival, saying how can we do this, this is the worst thing you can do for the desert, the element of people that you are going to bring in. Our staff has had hang-up calls on their answering machines at home, and I had a call this morning besmirching the name of our founder who has generously donated this carnival to us, calling him a pariah in the industry and saying that this is only a vendetta on his part. The arrangement with the carnival is, is that Joanne and Larry Davis, who also happen to be founders of the McCallum Theatre have donated the carnival to us and have guaranteed the theatre $100,000.00or whatever their profit is, whichever is the most. As I said, it is a very special carnival with vintage rides, with rides that one would see no place else in the world. What we thought we were doing, as we always think we are doing, is bringing something special to our community with the blessing of our community. Unless I'm missing something, the McCallum Theatre, apart from the Town Center, brings more people into this desert than any other desert institution. We have to raise between two and three million dollars a year to keep those doors open. We've brought international attention to the City of Palm Desert. We have notes in all the artists' dressing rooms saying when they get on stage and talk about where they are that we do not live in Palm Springs, we live in Palm Desert. We bring 40,000 school children through the theatre a year. We have a teacher training program for teachers to go back into the schools because the, the schools have been destitute and for lack of funds have cut off their arts programs. We underwrite performances for College of the Desert each year. In short, we have tried to be a good neighbor and a good citizen. Whatever the outcome of all of this is, or whatever your decision is for us to the carnival, we are concerned and upset by the way it has been handled. If there was a problem, then tell us what the problem is, and we can sit down and deal with that. But that has not 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT 'A' been, that has not been the way that the situation has been approached. I tell you this because we're all very proud of our City. We are certainly very proud of our theatre. I don't think that we or the theatre have been dealt with in a professional manner. Whatever other questions you may have about the carnival we would be happy to answer. We will certainly abide by your decision, but we would like to think that from what, whatever goes on from here on out can be dealt with as the friends and neighbors that we thought we were and not in a Nazi police state Germany meeting that occurred yesterday afternoon. I thank you for your time. RSK: Thank you. I guess we should have a response. BAA: Yes Mr. Mayor. Maybe we could have a brief staff report. This isn't on the agenda tonight for Council action, but Ray, I think, can cover what the history is and then a suggested solution from here if that is agreeable with you folks. Doug is that correct? DSP: That's correct. Yes sir. RAD: Well, this began in July, 1991. The City received a letter from the McCallum Theatre requesting a meeting to discuss the fund raising carnival. That meeting was held in July, 1991. We were under the impression at that time that one, the City did not have any control over what occurred on the campus, and in the letter they requested to discuss the carnival and the possibility of allowing parking for the carnival people along with their trailers along Magnesia Falls. A meeting was held on July 17th at 2:00 p.m. with the City Manager, myself and Ms. Trapnell. And at that time we indicated that we were under the impression that we did not have any control. We did not know what the size of the carnival we were talking about for other events that would take place later. We indicated that the trailers would not, should not be allowed to park along Magnesia Falls. That this was prohibited. We requested that we be kept involved in the process. A subsequent letter was received July 19, 1991, where the City was thanked and told it was, it would be kept appraised of the event's progress; the event's progress being the carnival. This was the last communication that we received until January 21, 1992, when we contacted the McCallum's representatives as the result of an article that had appeared in the Desert Sun that, and we met on January 21st, and a subsequent meeting was set up on the 22nd. I would not characterize that meeting as a Nazi -type of inquisition, but so be it. In July, 1991, but since that time it has been determined that the City has jurisdiction over non -educational events at the College of the Desert. Further, the processing of the street fair application, the resolutions which are before you this evening, and its growth has necessitated specific conditions including on -street parking restrictions to accommodate this weekend, the weekend traffic that's generated by this weekly event. The concern that we had over traffic and over the, because of other events at that time that will occur at the same time as the carnival wishes to go ahead, which would be the same time as the Date Festival, which causes the, which the Sheriff's Department has to control, and they can address that; they're here. As a result of that and the fact that you have on -going events, I denied the request for the temporary use permit. First of all, such events as carnivals, now that we do have control of them, your temporary use permit ordinance allows them for only seven consecutive days. This event was scheduled for ten days. Secondly, the presence of the street fair would generate intolerable volumes of traffic and parking problems both on campus and in the area both events occurred simultaneously. You will recall, that we are, that it's a 24 MINUTES REGULAR PALM DESER' CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * _ * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" condition of approval for the street fair, we're prohibiting parking on Fred Waring and on Monterey on the weekends. The fair, the carnival, is to take place right on Monterey. Our concern is, will the people then park in the residential area to go to the carnival. Thirdly, the elimination of the designated street fair parking, which is where the carnival rides are going to go for the erection of the carnival facility would violate the conditional use permit that you are approving today. That permit calls for this area to be designated parking. Fourthly, the Sheriff's Department would have undue difficulty in providing necessary manpower to secure the event because of its commitment to concurrent, the concurrent National Date Festival operations. And fifthly, the potential conflicts with student parking and evening events at the McCallum could negatively impact city streets and neighborhoods. This is what we based, or what I based, my decision on. It is unfortunate that the City has been placed in a position of being the heavy in this particular case. We, the City, has, staff has no quarrel with the McCallum. We believe that it is a, one of the jewels on the crown of the City of Palm Desert. And besides it be one of the jewels on the crown of the City of Palm Desert. However, the serious concerns that we have do not allow us to approve it at this time. At the meeting yesterday, the specific question was asked if the street fair was not taking place at the same time would we be having a different conversation. In other words, my, might, might my decision be different. And I indicated to the representatives from the McCallum it might indeed be different. But we still had the problem of security and that would have to be worked out. But having all these events at the same time, staff feels its like putting twenty pounds of sugar in a five pound sack. It is just too much at this time. And this is why we indicated no. The appeal of the staffs decision, in discussing it with the City Attorney, can be made, has to be made through the Planning Commission. The Planning Commission, of course, met last Tuesday. I've contacted the members of the Planning Commission, and an emergency meeting of the Commission can be held Monday evening at 7:00 p.m. to evaluate and discuss an appeal should the McCallum Theatre folks want that. As I indicated, things are different now than they were in July. We were not kept appraised of what was happening. It is unfortunate as far as the calls that have been made to the McCallum representatives at their offices and at their homes, all of us would strongly condemn that kind of tactic and approach and those kind of things. That has absolutely nothing to do with the meetings and the decisions that have been made. We don't know who made those calls, and I'm sure if they were reported to the Sheriffs Department they will attempt to find out. And that would conclude the report. RSK: I guess I need to look for direction. BAA: Yeah, I believe, I'll, the City Attorney correct me if I'm wrong. I believe the Council is in no position to take an action on this matter. Its here as an informational item. If they are grieved, the appropriate thing would be the Planning Commission will meet in special session on Monday to weigh whatever the decision has been of your zoning administrator. If they are grieved with that decision, then they could appeal to the City Council. At that stage it would be an advertised hearing that you would hear the facts and make a determination. Is that accurate? DSP: That's right. Another option would be if you do choose to take this up on your own and take some action, you would need to make, to have a vote to add it to the agenda as a late breaking item. At this point, it would appear that the Planning Director has indicated a, the 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" solution that is appropriate under the code, which is the appeal goes to the Planning Commission and that meeting would take place, what Ray, Monday night? RAD: Yes. If an appeal is desired it would be Monday evening at 7:00. RSK: Well, it seems to me that the Council really isn't, doesn't, isn't in a position to make any decisions. It sounds to me like if the applicant wants to appeal it and that it would be a decision between the Planning Department and the Planning Department, Commission. DSP: Yes. RSK: Do they want to meet Monday and does the applicant want to go through the appeal process. DSP: Correct. BAA: In fact, they can just tell us now if that is what their desire is, we'll get the motions in the process. Is that what you'd like to do, Nancy? (inaudible) RSK: You want to know who you should address your response? (inaudible) RSK: Who should they address their response to? (inaudible) BAA: Yeah, I think to Ray Diaz. RSK: To Ray Diaz. RAD: What I will do is this. We will post that meeting as scheduled and you can call me up to 4:30 Monday. After that you can't get through on the switchboard. But the meeting will be scheduled. I will have the Commission convene and if no one, if it is cancelled before 4:30 Monday we will cancel it, and if not, we won't. We'll go that way, if that's alright. (inaudible) RSK: Maybe I ought to have you come back to the microphone so that I can hear. ND: If indeed we accept your invitation to meet before the, a special meeting of the Planning Commission on Monday evening, is the decision made that evening or is there then yet another process that we need to go through? RSK: I would say that a decision would be made that night, but it could also be subject to appeal either by the McCallum Theatre or someone on the Council. 26 MINUTES REGULAR PALM DESER'' :ITY COUNCIL MEEflNG JANUARY 23, 1992 * * * * * * * * * * * .. * * * * * * * * * * * * * * * * * * * EXHIBIT "A' ND: And if indeed there is appeal then what is the process, what is that process, and what are the, what is the time frame. RSK: We would have another problem because Council doesn't meet until I think, the 14th? SRG: The 13th. RSK: The 13th. BAA: You could have a special meeting, if you so choose. RSK: Well, it would require a require a special meeting of the Council if it were appealed. ND: Thank you very much. BAC: Mr. Mayor I want to make one quick comment. This is obviously an issue that needs to be tended to, and I don't want to comment on the substance of it. But I do want to comment on one thing. To take what is second-hand data about a meeting with a member of our staff about which obviously the McCallum Theatre people are not happy and to from that refer to our staff as part of a Nazi police state is to me not only unfortunate, but it trivializes something that's very serious. The holocaust that the Nazis put forward in Germany and for which the entire world suffered and does suffer yet today with millions of deaths and torture has no comparison at all to the results of a meeting with a member staff with whom you don't agree, and I think to make those kind of comments in public does a disservice to the McCallum Theatre and does a disservice to something that this world seeks to look back on constantly with shame and with remembrance. RSK: Okay. Is there anyone else who would like to speak to City Council at this time on any item not on the agenda? 27