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HomeMy WebLinkAbout1992-06-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly converted the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly M. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Chairman Richard S. Kelly Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Agency Secretary Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Executive Director Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Finance Director/City Treasurer Dave Millheim, Human Resources Director Wayne Ramsey, Code Compliance Officer Pat Conlon, Director of Building and Safety John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 11, 1992. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR20, WR21, WR22, WR23, and WR155. Rec: Approve as presented. C. 5TATlMENT OF CASH TRANSACTION as of March 31, 1992. Rec: Receive and file. D. FINAL SCHDULE OF INVESTMENTS, as of March 31, 1992. Rec: Receive and file. E. REOUEST FOR APPROVAL of Resolution Changing Terms of Office for Members of the Civic Arts Committee to Commence September 1 of Each Year. Rec: Waive further reading and adopt Resolution No. 92 6. F. AWARD OF CONTRACT for Fiscal Year 1992/93 for Advertising and Public Relations Services (Contract No. C06430). Rec: By Minute Motion, award the subject contract to The DA Group for fiscal year 1992/93. G. REOUEST FOR RENEWAL OF CONTRACT for Facility Management System Services (Contract No. C05840). Rec: By Minute Motion, authorize a one-year extension of the subject contract for the facility management service contract by the current company, LBT Engineers, Inc. H. REOUEST FOR RENEWAL OF CONTRACT for Landscape Specialist (Contract No. C03820). Rec: By Minute Motion, authorize a one-year extension of the contract for services provided by the current landscape specialist, Eric Johnson. I. REOUEST FOR EXTENSION OF CONTRACT for Civic Center Park Lagoon Water Quality Management (Contract No. C05130). Rec: By Minute Motion, authorize a one-year extension of the subject contract with Southwest Aquatics in the amount of $11,280.00 ($940.00 per month). 2 Nf LN LTE.S 7SGL1AR PALM DESER''ITY COUNCIL MEETING * * * * * * * * * * > * * * * * * * * * * * * > JUKE 25, 1992 * * * * * * * * * * * * J. REOUEST FOR EXTENSION OF LANDSCAPE MAINTENANCE CONTRACT for Haystack Greenbelt, Assessment District No. 2 (Contract No. C03920). Rec: By Minute Motion, extend the subject contract with Sunshine Landscape for an additional one-year period in the amount of $32,463.60 ($2,705.30 per month). K. REOUEST FOR EXTENSION QF LANDSCAPE MAINTENANCE CONTRACT for Assessment District No. 5, Cook and Country Club (Contract No. C03150). Rec: By Minute Motion, extend the subject contract with Sunshine Landscape for an additional six-month period in the amount of $43,800.00 ($3,650.00 per month). L. REOUEST FOR EXTENSION OF LANDSCAPE MAINTENANCE CONTRACT for Assessment District No. 6, Hovley Lane West (Contract No. C055201. Rec: By Minute Motion, extend the subject contract with Environmental Care, Inc. for an additional one-year period in the amount of $13,298.28 ($1,108.19 per month). M. RUOUEST FOR RELEASE of Subdivision Improvement Security for Tract Map 24530-1 (Baron's Financial Group, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subdivision improvement security for this project. N. REOUEST FOR STREET VACATION - Tract 23940-1, Hovley Lane East and Eldorado Drive. Rec: Waive further reading and adopt Resolution No. 92-57, setting a public hearing to consider the street vacation request. O. REOUE$T FOR APPROVAL to Replace Xerox 1038 copier and Xerox 7010 Facsimile machine in the Community Services Building. Rec: By Minute Motion, authorize staff to replace the Xerox 1038 copier and Xerox 7010 facsimile machine in the Community Services Building. P. REPUEST FOR APPROVAL to Purchase Two Xerox 5028 Copiers Currently Being Leased. Rec: By Minute Motion, authorize staff to purchase two Xerox 5028 copiers, currently being leased, at the buy-out option price of $559.50 each. 3 N11\ L 1 LS REGULAR PALM DESERT CITY COUNCIL MEETLNG JLTIE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REOUEST FOR APPROVAL of Appropriations Limit Annual Review Compliance Letter from Thomas, Byrne & Smith, CPA for the Fiscal Years Ended June 30, 1991, and June 30, 1992. Rec: Receive and file the Article XIIIB Appropriations Limit Annual Review Compliance Letter from Thomas, Byrne & Smith, CPA for the years ended June 30, 1991, and June 30, 1992. R. REOUEST FOR RENEWAL OF CONTRACT for Project Management Services (Contract No. C04400). Rec: By Minute Motion, authorize a one-year extension of the subject contract for services by the current project manager, G. Alan Smith. S. LETTER OF RESIGNATION from Janet R. Abrams from the Civic Arts Committee. Rec: Receive with sincere regret. T. REOUEST FOR APPROVAL of Consent to the Assignment of the Contract Between the City of Palm Desert and Tarmac California, Inc. to Granite Construction for the Von's Driveway Project (Contract No. C05760). Rec: By Minute Motion, approve the request and authorize the Mayor to execute the Consent to Assignment. U. REOUEST FOR APPROVAL of Agreement for Audit of City Parcels on County Tax Roll (Contract No. C06440). Rec: By Minute Motion, authorize the Mayor to sign an agreement to retain Muni Financial Services to provide City-wide "Standard Parcel Audit Services" (Contract No. C06440). Mayor Kelly asked that Item F be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Crites, second by Snyder, the Consent Calendar, with the exception of Item F, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None 4 LEGULAR PALM DESER"• 'ITY COUNCIL MMEETLNG Y * * * * * * * * * * * * * * * * * * * * * JUKE 25, 1992 * * * * * * * * * * * * VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 652 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.49.050 OF THE PALM DESERT MUNICIPAL CODE RELATING TO DRAINAGE FEES. Mr. Altman stated that no changes had been made to this ordinance since it was introduced, and he recommended its adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 653. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING. B. ORDINANCE NO. 684 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 8.08.020, 8.08.050(C), AND 8.08.070 PERTAINING TO POSTING OF GRADING CARDS FOR RESTAURANTS. Mr. Altman stated this ordinance had been introduced at the previous meeting and that no changes had been made. Councilmember Benson moved to waive further reading and adopt Ordinance No. 684. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING. C. ORDINANCE NO. 685 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE NO. 567 REGULATING FOOD HANDLERS AND DELETING CHAPTER 8.04 OF THE PALM DESERT MUNICIPAL CODE. Mr. Altman stated this ordinance was introduced at the last meeting and that no changes had been made since then. 5 MIN TES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to waive further reading and adopt Ordinance No. 685. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING. IX. CONSENT ITEMS HELD OVER F. AWARD OF CQNTRACT for Fiscal Year 1992/93 for Advertising and Public Relations Services (Contract No. C06430). Rec: By Minute Motion, award the subject contract to The DA Group for fiscal year 1992/93. Mayor Kelly expressed concern that in reviewing the staff report, he saw a big difference in the grading of the four media presentations. He said he and Councilmember Benson had sat in on the presentations and that he had been very impressed with Multimedia's program. He said this firm had some ideas which he felt the City should have the opportunity to take advantage of. He suggested that staff schedule presentations by the top two advertising firms, Multimedia and The DA Group, prior to a decision being made so that the rest of the Council can see what both firms have to offer. Councilman Wilson disagreed and said he felt this would be changing the rules at the end of the process. He said he would not be averse to the Council in the future taking on the responsibility and not delegating it to any specific committee to make recommendations; however, in this case, the Council did ask the committee to screen the applicants, conduct interviews, and make a recommendation. Councilman Crites said he did not feel Council would be changing any rules. Council asked the committee for its input and, as with the Planning Commission or Public Art Committee, that advice comes to the Council for acceptance, modification, rejection, or for more examination. He said he found the request for further examination to be an appropriate request. Mayor Kelly stated that as an elected official, he felt responsible for spending the City's funds wisely. He said he felt it was important for the Council to take the extra hour to make sure it is doing the right thing in selecting an advertising/public relations firm. Councilman Crites moved to direct staff to schedule presentations by the two advertising agencies receiving the highest points in the selection process, Multi -Media and The DA Group, so that Council has the opportunity to consider both proposals prior to awarding the contract for Fiscal Year 1992/93. Motion was seconded by Kelly. 6 AILr�, 1tJ REaLTLAR PALM DESERT r''TY COUNCIL MEETLNG * * * * * * * * * * * * * * * * * * * * * * * TUNE 25, 1992 * * * * * * * * * * * Councilmember Benson stated she would abstain from voting because she believed in the process that was followed; however, she said she understood Mayor Kelly's concerns that the entire Council see the presentations. Mr. Shillcock said it was his understanding that unless action is taken tonight, the current contract with The DA Group (formerly Davis and Associates) is automatically extended for one year, and he suggested that Council extend the contract for a specific period of time. Councilman Wilson stated that he would vote no on the motion by Crites. He said he felt Mayor Kelly's point that the Council should be concerned about spending such a large amount of money would be valid if the Council was blindly going with someone it did not know. He said the recommendation of the committee was to stay with the firm that has represented the City well for the last eight years and that he saw no problem with the committee's recommendation. Mayor Kelly called for the vote. Motion carried by a 3-1-1 vote, with Councilman Wilson voting NO and Councilmember Benson ABSTAINING. Councilman Crites moved to, by Minute Motion, extend the current contract for advertising services with The DA Group (formerly Davis & Associates) for an additional 45 days. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilmember Benson ABSTAINING. X. NEW BUSINESS A. PRESZNTATION BY URRUTIA-PREST ARCHITECTS RELATIVE TO DEVELOPMENT OF THE NORTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE. MR. FRANK GATLIN spoke as the developer of the proposed Walmart shopping center at the corner of Monterey Avenue and Country Club Drive. He said it would provide hundreds of new jobs and increase sales tax revenues for the City. He added that the center would actually improve traffic circulation in this area. Upon question by Councilman Wilson, Mr. Jack Greenspan, traffic consultant for Walmart, described the proposed improvements, including widening the intersection to provide left turn lanes, three through traffic lanes, and a right turn lane. Councilman Snyder asked how the land would be obtained to do these improvements, and Mr. Greenspan responded that much of it would come from the Walmart side of the street, with the rest to be obtained from adjacent land owners. 7 M L\ 1. I LS REGULAR PALM DESERT CITY COtiNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz noted that Mr. Gatlin was basically asking the Council if the project would be acceptable if the developer could implement those conditions. Councilman Crites said that although he agreed that everything they say needs to be done does need to be done, he did not feel that it would justify putting a Walmart at this location for the following reasons: 1) No matter how much the intersection is improved, it does not need a major influx of traffic, 2) this would go from being a residential zone to being a commercial zone, 3) Rancho Mirage has the other corners zoned residential. If we change ours to commercial, we should never complain if they then change theirs to commercial also, which would then generate more traffic. He added that he felt this was not tolerable and was inappropriate for the land. Councilman Wilson stated that Walmart had a reputation in the State of California as being a player who will not sit down at a city table unless the city sits down with cash. He asked whether it would be part of this deal and if Walmart expected money from the City of Palm Desert to build this project because Palm Desert does not operate that way. Mr. Gatlin responded that some of the Walmart stores require subsidies because the land price is too high. However, no subsidies would be needed for this project to work in Palm Desert. He added that he was led to believe that if he could solve the traffic and aesthetics problems, the Council would approve the project; if that is not the case, he said he would need to know that now in order to save them a lot of time and trouble. Councilmember Benson said she did not feel this city needs to have everything for everyone and that Council had turned down grocery stores that look similar to this. She said this was not the type of development that Palm Desert has builts its reputation on and that it was not something for which she would feel comfortable changing the zoning to residential. Councilman Wilson stated he would not want to get too exclusive and end up in a similar situation as another city in the Coachella Valley as far as retail business. He said the attitude of buyers now seems to be more towards discount and service. Walmart has a reputation of providing that and doing very well across the nation. He felt Council has the responsibility of making sure the City is diversified in its retail mix and that it should take a very close look at this proposal. He said another thing he liked about the proposal was the upgrade of the intersection, and he felt Council would do everyone who uses that intersection a service by allowing the project to go forward. He also liked the Walmart's attitude of putting several stores fairly close together; one ad could be run in the newspaper, and people would have three stores in the Valley to go to. He said this would be good for the air quality. He added that he supported the concept of moving forward with the proposal. 8 NI_LN L itZ REGULAR PALM DESERT 'TY COUNCIL MEETLNG * * * * * * * * * * * * * * * * * * * * * * * TUNE 25, 1992 * * * * * * * * * * * Mayor Kelly agreed with Wilson that if the project enhances the City and the problems can be mitigated, the Council has an obligation to look at it. Councilman Snyder stated he had concerns with this project and agreed with Councilman Crites; however, because of the presentation at this meeting, he said he would like to see more information on the project. No Council action was taken on this matter. B. REQUEST FOR CONSIDERATION OF RESOLUTIONS REGARDING THE 1992 GENERAL MUNICIPAL ELECTION. Mrs. Gilligan reviewed the staff report, noting that Section 1 of Resolution No. 92-58 should be changed to reflect that the election is for "two" members of the City Council instead of "three". Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 92-58 calling and giving notice of the General Municipal Election, as amended to reflect that the election is for "two" members of the City Council rather than "three", 2) waive further reading and adopt Resolution No. 92-59 adopting regulations for candidates in the General Municipal Election. Motion was seconded by Crites and carried by unanimous vote of the Council. C. REOUEST FOR APPROVAL OF 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUPPLEMENTAL AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT. Mr. Ortega reviewed the staff report. He stated that in the Child Care Consortium agreement was a payment schedule, and staff was recommending approval with the proviso that we will renegotiate the payment schedule so that not all of the funds are turned over to the Consortium until all work in the agreement has been completed. Councilman Crites moved to, by Minute Motion: 1) Approve the Supplemental Agreement with the County of Riverside, which will authorize the City to release awards to 17th Year CDBG Award recipients (Contract No. C06450), 2) approve the Memorandum of Understanding between the Coachella Valley Child Care Council and the City of Palm Desert, with the proviso that the payment schedule will be renegotiated to that not all funds are released until all work in the agreement has been completed, 3) approve the Memorandum of Understanding between Desert Community Outreach and the City of Palm Desert. Motion was seconded by Snyder and carried by unanimous vote of the Council. 9 MIN TES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. 2. Update on Tri-Cities Sports Facility. 3. Status of Date Palm Grove. Mr. Ortega and Mr. Diaz stated there was nothing new to report on these items at this time. Councilman Crites suggested that Items 2 and 3 be removed from the Agenda in the future. He asked that an item be added relative to the status of the multi -agency library. Council concurred. XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XI -IL REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), Existing Litigation (County of Riverside v. Palm Desert re: Altamira, Levald v. Palm Desert re: Indian Springs Mobile Home Park, Save Most v. Palm Desert re: Cook Street undergrounding), (b), and (c), Threatened and Pending Litigation. 10 MINLTLS R.EGULAR PALM DESERT " '''Y COUNCIL MEETLNG * * * * * * * * * * * * * * * * * * * * * JUNE 25, 1992 * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Law Enforcement Radar Guns Councilman Wilson stated that this week on a magazine news program was a story relative to the danger of radar guns and cancer. He asked that the City Manager check with our own law enforcement to see if these guns are being used; if so, he suggested that their use be suspended until there is a report on the potential risks involved. He said he would not want to feel responsible for employees taking any unnecessary risks. C o u n c i 1 c o n c u r r e d 2. Sister City Program (Mayor Richard S. Kelly) Mayor Kelly asked Mr. Wohlmuth to report on the request from one of Palm Desert's sister cities. Mr. Wohlmuth stated that a letter had been received from the Mayor of Osoyoos, Canada, inviting a member of members of the City Council to its 1992 Cherry Festival on July lst. He said this invitation had not been taken to the Sister City Committee because it had not had a meeting since the invitation had been received. He said staffs recommendation was that the Mayor or a Councilmember attend to represent Palm Desert. Mayor Kelly stated he felt if the City was going to send a representative, it should be someone who has not participated before. Councilman Wilson suggested we pass on this invitation. Council concurred. Mayor Kelly reported that Civic Arts Committee member Paula Kroonen had introduced him and Councilman Wilson to representatives from Japan. He said one of the representatives, Mr. Miyamoto, had some interesting proposals tied in with some good promotional possibilities. Because of his connections, it might be possible for Palm Desert to connect with a golf -oriented city in Japan and promote some international activities in the City. He said he and Councilman Wilson felt the potential was worth exploring and recommended to the Council that it be referred to the Sister City Committee to work with their 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * representatives and bring a report and recommendation back to Council for action. Councilman Wilson added that Mr. Miyamoto owns Midori Restaurant in Palm Desert, which is frequented by a number of Japanese professional golfers, including the winner of the LPGA tournament a few weeks ago. He said perhaps there could be a Japanese/United States skins game set up in Palm Desert that could be played on the same course as the PGA West Skins Tournament. Councilman Snyder said he felt this was something that should be considered but suggested that the City Manager look into it instead of the Sister City Committee. Councilman Crites added that this was something that several of the City's committees might want to look at, but he agreed it should start with the Sister City Committee. Mayor Kelly stated that what he and Councilman Wilson had in mind would be an entirely different kind of sister city relationship than we have had in the past. He said the plan would be to tie it in with the Promotion Committee. Councilman Crites moved to, by Minute Motion, direct this matter to staff to have the appropriate committee(s) review the request and report back to Council with recommendations. Motion was seconded by Snyder and carried by unanimous vote. 3. Council Chamber Mural Mayor Kelly moved to add this item to the Agenda for discussion, noting that it had come up after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote. Mayor Kelly stated that Mr. William Ware, the artist who painted the mural for the Council Chamber, had approached the City with a proposal to do some rework on this piece of art, including adding greenery and taking out some of the blank spaces. He said although the proposal would need to go through the Art -In -Public -Places and Civic Arts Committees, he first wanted to ask Council if the City would be willing to do something or if it wished to leave the mural as it is. 12 MLNLTES REGULAR PALM DESEP" 'ITY COUNCIL MEETING JIJNE 25, 1992 * s * * * * * * s * * * * * * * * * * * s * * * * * * * * * s * * Upon question by Councilman Wilson, Mayor Kelly responded that Mr. Ware would charge the City what he would normally charge for the finished product and then deduct what the City has already paid. Councilmember Benson said she felt we should have a roadrunner or somethng else put on the mural free of charge because the artist promised to put something in but never did. Councilman Wilson said he felt this was a historical piece, the first piece of art ever commissioned by the City long before the Public Art program. He said the whole idea of tampering with art and changing it did not sit right with him. Councilman Crites stated that if the mural was new and he had not see in before, he would probably say that it was not completed; however, this piece has been here a long time, and he felt the piece was finished. Councilmember Benson agreed and said she felt it looked fine the way it was. She said the City receives a lot of compliments on the mural, and she felt it has worn well. Council concurred that there is not an interest in changing the mural at this time. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B Councilman Wilson moved to adjourn to Closed Session at 5:15 p.m. for purposes stated by the City Attorney, said Closed Session to immediately follow adjournment of the Redevelopment Agency Meeting. Motion was seconded by Wilson and carried by unanimous vote. Mayor Kelly stated he had received a call from Mr. Carl Cardinalli of Westinghouse requesting an opportunity to show a brief video to the Council regarding plans they had for the Skins Game. Mr. Altman responded that he had talked to Mr. Cardinalli and that the video would be shown during the dinner recess. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 13 �ItsTUTES REGULAR PALM DESERT CITY CODICIL MEETING JUKE 25, 1992 * * * s * * * * * * * s * * * * * * * * * * * * * * * * s * * * * * * * s s XVI. ORAL COMMUNICATIONS - C MR. DON JOHNSON, a resident on New York Avenue in Palm Desert Country Club, spoke as the representative of Palm Desert Youth Sports. He said he had several letters from approximately three years ago from the City of Palm Desert stating that the City would assist the organization in funding in a specific amount for each child in Palm Desert. This year when they submitted a request for funding, he said he was advised that the organization would not be receiving any funds. He felt there was a need for the funding, and he asked how he could proceed at this point to get the contribution approved. He submitted copies of the letters. Mr. Altman stated that this request had been reviewed by the Charitable Contributions Committee, which had not recommended funding for this year. However, staff could review the additional information provided by Mr. Johnson. Mayor Kelly added that staff would be in contact with Mr. Johnson regarding this request. MRS. RUTH GEIBERSON, 44-875 Antonio Circle, Palm Desert, addressed Council and presented a xeroxed copy of a petition from residents objecting to a commercial center on the east side of Monterey Avenue between Highway 111 and San Gorgonio (on file and of record in the City Clerk's Office). XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mr. Ortega introduced Mr. Dennis Coleman, the City's new Redevelopment Accountant, who had been with the City for a little over a week. He said Mr. Coleman came to Palm Desert from San Diego, and his experience included three and a half years with the City of San Diego's Southwest Economic Development Corporation and seven years with the San Diego Meotropolitan Transit Development Board, which built the San Diego Trolley Light Rail Project. XVIII. PUBLIC HEARINGS A. REOUEST FOR CONSIDERATION OF FISCAL YEAR 1992-93 ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 1 (PRESIDENTS PLAZA). Mr. Folkers reviewed the staff report and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. 14 MOW 1 CZ REGULAR PALM DESERT'"TY COUNCIL 11EETLNG * * * * * * * * * * * * * * * * * * * * * * * JLNE 25, 1992 * * * * * * * * * * * Councilman Snyder moved to waive further reading and adopt Resolution No. 92-60 levying the fiscal year 1992-93 assessments for the subject district. Motion was seconded by Wilson and carried by unanimous vote. B. REQUUT FOR CONSIDERATION OF FISCAL YEAR 1992-93 ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 2 (CANYON COVE). Mr. Folkers reviewed the staff report, noting that the increase in the assessments was approximately 4.2% due to the cost of living increase. He offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilmember Benson moved to waive further reading and adopt Resolution No. 92-61 levying the fiscal year 1992-93 assessments for the subject district. Motion was seconded by Crites and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF FISCAL YEAR 1992-93 ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 3 (VINEYARD). Mr. Folkers reviewed the staff report, noting that there was a "zero" assessment being levied for this district. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 92-62 levying the fiscal year 1992-93 assessments for the subject district. Motion was seconded by Snyder and carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF FISCAL YEAR 1992-93 ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 4 (PARKVIEW ESTATES). Mr. Folkers reviewed the staff report, noting that the levy was approximately $16.00 per parcel. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETLNG DUNE 25, 1992 * * s s s * * * * s s * s s * * * * * * s s s * * s * s * s * * * * s s s s Councilmember Benson moved to waive further reading and adopt Resolution No. 92-63 levying the fiscal year 1992-93 assessments for the subject district. Motion was seconded by Wilson and carried by unanimous vote. E. REOUEST FOR CONSIDERATION OF FISCAL YEAR 1992-93 ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 5 (COOK AND COUNTRY CLUB). Mr. Folkers reviewed the staff report, noting that assessments for this district were $14.90. per parcel. 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, and he declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 92-64 levying the fiscal year 1992-93 assessments for the subject district. Motion was seconded by Benson and carried by unanimous vote. F. REOUEST FOR CONSIDERATION OF FISCAL YEAR 1992-93 ASSESSMENTS FOR ASSESSMENT DISTRICT NO. 6 (HOVLEY LANE WEST). Mr. Folkers reviewed the staff report, noting that this district involved Hovley Lane west of Cook Street, which at one time was under the maintenance of the Marriott Corporatin. He said that when the City completed the additional work on Hovley Lane west of Corporate Way, the assessment district was set up to process the maintenance of this area. He recommended approval. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilmember Benson moved to waive further reading and adopt Resolution No. 92-65 levying the fiscal year 1992-93 assessments for the subject district. Motion was seconded by Snyder and carried by unanimous vote. G. REOUEST FOR CONSIDERATION OF I-10 AND COOK STREET INTERCHANGE PRELIMINARY DETERMINATION REPORT AND DEBT LIMIT REVIEW (ASSESSMENT DISTRICT NO. 91-1). Mr. Folkers reviewed the staff report and the history of the project to date, noting that the City Manager and the former Public Works Director had started working on this project approximately 10 years ago, at which time the estimate for the project was approximately $12 16 MM.: TES REGULAR PALM DESERT TY COUNCIL \IEETLNG JUKE 25, 1992 * * * * * * * * * * * __$ * * * * * * * * * * * * * * * * * * * * * * * million. He noted that Palm Desert had been tentatively given the role as lead agency for this project even though portions are in the County of Riverside and the City of Indian Wells. He said the project as originally envisioned included a bridge or culvert system at Cook Street and the Whitewater Wash, extension of Cook Street from Frank Sinatra to Interstate 10, the interchange at Interstate 10 and Cook Street, a new bridge over the Southern Pacific Railroad facilities, relocation of Varner Road, relocation of the freeway, and extension of Chase School Road to Ramon Road. The project as currently envisioned does not include the Cook and Whitewater bridge or culvert program nor the extension of Chase School Road from north of Varner to Ramon Road. He said the estimated project cost, including financing costs, was approximately $30 million, noting that the Coachella Valley Association of Governments (CVAG) had given us a commitment for $11 million in funding, with the remainder to be provided by property owners. Mayor Kelly announced that this was the time and place for hearing protests or objections to the "Report", the proposed improvement, and all related matters in Assessment District No. 91-1. Mrs. Gilligan announced that notice of the public hearing had been given in the manner as required by law, and a Certificate of Compliance is on file certifying the following: 1) Mailing notice to property owners within the District, 2) filing proposed boundary map in the Office of the County Recorder. MR. MAC BROWN, Bond Counsel, stated that this was the first of two proposed public hearings that will be required if the Council goes forward and authorizes the formation of this district. He said at this time, the Engineer's cost estimate was very preliminary. He said all property owners had been notified of this meeting by mail. He noted that the purpose of this hearing was to invite testimony and hear from the people so that the Council can make a determination and a decision whether or not to proceed and authorize the staff and consultants to go forward with the next step. If the City were to proceed, the next step would involve environmental certification and preparation of preliminary plans and specifications. He said at this point in time it is proposed that properties benefit within the City of Indian Wells and the County of Riverside; we are requesting consent from those legislative bodies, and we would pursue it if Council were to go forward with the district at this time. In addition, a cooperative agreement with the State of California would be needed in order to proceed. A second public hearing would be held, at which time the Council would be asked to take final actions relating to the actual formation of the district, confirmation of the assessments, and imposition of the liens. Thereafter, the plans and specifications would be finalized and bonds would be sold, which would give the City the proceeds in order to go forward with the improvements. 17 REGULAR PALM DESERT CITY COUNCIL MEETL'NNG JUNE 25, 1992 * * * * * * * * * a * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. JIM SIMS, Vice President of J.F. Davidson & Associates, Assessment Engineer for the project, explained the method and formula of the assessment spread as well as boundaries of the district. He said an extensive traffic analysis of the area had been done, including looking at the Washington Street interchange and Monterey Avenue interchange. He reviewed the assessment spread, noting that the methodology of the district is reflective of assessing undeveloped properties and those existing developed properties that were conditioned as part of their development conditions to participate in this district. He explained the weighted formula for assessing these properties, noting that it included availability or usage of the interchange, proximity of the parcels to the interchange, and accessibility to the interchange; i.e., those properties immediately adjacent to the interchange had the highest assessments because of these factors. Mr. Folkers reported that 31 % written protests had been received to date, and that Council had received copies of said protests. Councilman Crites asked whether the 31 % protest was by land area. Mr. Folkers responded that there was one vote per acre. Crites asked what the percentage would be if it was by number of land owners. Mr. Folkers responded that staff did not have the figure at this time but noted that with one vote per acre, if 800 property owners with one acre each protested the district, and one property owner with 800 acres was in favor, they would cancel each other out. Crites asked whether the City of Indian Wells had agreed to this. Mr. Folkers responded that letters had been sent to both the County of Riverside and the City of Indian Wells; however, at this time, no formal communication had been received back from them. Upon question by Crites regarding the southerly boundary at Portola Avenue, Mr. Folkers responded that properties south of the Deep Canyon Channel were not included in this district. He said the feeling was that that particular location did not have much of an impact; however, it was something that could be worked into the boundaries if Council wished to modify the boundaries. Mayor Kelly stated that this area might more appropriately be in the Monterey Avenue assessment district. Councilman Wilson stated it was his understanding that the assessment spread was based on the worst case scenario, that no other monies from TUMF fees, Measure "A", etc. are included. Mr. Folkers stated that approximately $11 million would come from CVAG through TUMF fees. Mayor Kelly added that the money was actually sales tax and TUMF fees. He said 40% of sales tax goes to regional projects, and this is a regional project. He said he felt it was important where the funds come from. 18 REGULAR PAL.YI DESERT CITY COUNCIL MEETLNG * * * * * * * * * * * * * * * * * * * * * * JL NE 25, 1992 * * * * * * * * * * * * Mayor Kelly declared the public hearing open and invited testimony in OPPOSITION to the improvement, the Assessment District, or the method of spread. The following were opposed because of the current recession, the method of assessment spread to undeveloped properties was unfair, amounts the owners are being assessed far outweigh the benefits they will realize from the improvements, increased traffic, and deletion of the Chase School Road from the district: MR. F. X. McDONALD, 1900 East Ocean Blvd., Long Beach, felt this was a bad time to consider somthing like this because we are in the 23rd month of a recession. He felt if the Monterey overpass had been done properly instead of one lane across or one lane back, we might not need this Cook Street overpass. He questioned whether this is something that is really needed. MS. COLLEEN IRWIN, P.O. Box 30666, Long Beach, spoke on behalf of Mr. McDonald. She said in 1989 he had received a map of the proposed assessment district boundary lines, and he was not part of the district at that time. In October, 1990, he received notice that he was now part of the district, but he was told upon calling the City that the amount he would be assessed would be minimal, a few hundred dollars for the entire property. In January, 1991, he was advised that his assessment would now be $2,272.00 per acre. In an effort to reduce the assessment amounts on individual property owners, additional property was included in the district, more public funding was sought, and Cook Street bridge was dropped from the plan. Some of the individual assessments then dropped dramatically, including Mr. McDonald's, which dropped to $2,115.00 per acre. With interest added, the present amount he would have to pay if he does not prepay his assessment would be $2,700.00 per acre. She said he considered this amount outrageous and did not understand a weighting system that assesses his property located on Portola Avenue the same amount per acre as industrial commercial property located directly on Cook Street which will obviously benefit more. MR. STORMY DAYTON, 34-645 Judy Lane, Cathedral City, said he felt the maps and wording was confusing, misleading, and difficult to follow. MR. CHARLES PERRONE, 374 Oakmont, Desert Falls Country Club, felt the entire Valley should be assessed this interchange because everyone would be using it. He felt if it was put to a vote of the people, everyone would probably vote it down, and the Council could stay out of the dog house. MS. CAROLYN KNIGHTS, 372 Oakmont, Desert Falls Country Club, said she felt the assessment was unfair because although Desert Falls has almost 1,000 units, only a few units are being assessed because they happen to border Cook Street. She said she had moved here from Los Angeles and did not know there was going to be an interchange. She said the developer indicated it was in the CC&R's, but she checked and could not find mention of it. 19 .V Al- L.) REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * She felt the realtor and the office that sold the property to her should have advised her of this. MR. MAURICE HADDAM, 271 Augusta Drive, Desert Falls Country Club. MS. CAROL KREITZ, Chairperson for the Thousand Palms Community Council, stated that Thousand Palms would be paying in excess of 45 % of the assessment for the overpass. She said they wished to withdraw from the district and had asked the County to support them in this if the Chase School Road is not put back in; otherwise, it would be of no benefit to them. DR. PE1ER TYNBERG, 1599 Via Norte, Palm Springs, stated that over 50% of the owners were protesting, not the 31 % that was reported. He said that by California State code, that should tell the Council to abandon the project. He offered to sit down with the City and with County Supervisor Corky Larson's office to go over, parcel by parcel, the percentages. He said the major beneficiaries of this interchange are the residents and businesses of Palm Desert, who will use it over the next 20 years. He said he felt the contribution from CVAG of $11 million could not be considered the sole share of the City of Palm Desert for its residents and businesses. He said that currently the City of Palm Desert was attempting to purchase 200 acres north of Country Club Drive across from the Marriott Desert Springs for a golf course at a cost of $15 million for the property alone. He said before the City spends this'amount of money on another golf course in the Coachella Valley, he felt it should fulfill its obligations and pay for the infrastructure it needs for its own residents and businesses. MR. MIKE CALDWELL, 74-039 Catalina Way, Palm Desert, said he was partial owner of 10 acres north of Interstate 10 near 38th and Washington. He said the property was purchased for $16,000 quite a few years ago, and annual taxes were approximately $500. If this assessment were to go through, he would owe $28,000 on the property. In addition, 'when he purchased the property it was zones W-2, and the County shortly thereafter changed the zoning to NA, which means Natural Asset. He said the property was practically useless to him because it was in the lizard preserve. MR. ARMANDO ODORICO, 401 B Street, Suite 950, San Diego, said he was generally in favor of the interchange and the extensions. He said he was involved in 17 parcels of land totalling about 63 acres near Ramon and Chase School Road. The assessments on the property were about $50,000, and he felt they were not only unreasonable, arbitrary, and discriminatory, they were outrageous. MR. TOM TATE, 306 Viewcrest Road, Glendale, owner of 20 acres of undeveloped property in Thousand Palms south of Ramon Road. 20 i2LGULAR PAL\4 DESERT CITY COUNCIL MMEETL'NG TUNE 25, 1992 * * * * * * * * * * * . * * * * * * * * * * * * * * * * * * * * * * MS. GLADYS McMILLAN, 699 Indian Trail, Palm Springs, owner of 3.21 acres north of Ramon Road, said she felt if anyone was going to be taxed, it should be the entire Valley and let everyone pay for this. MS. JANET GALOTTI, 15518 Contessa Drive, Whittier, said she had bought 160 acres of land years ago. She felt if something like this was going to be done, everyone should pay a part, not just certain people. MS. SALLY FUSCO, 371 Augusta Drive, Desert Falls Country Club, Palm Desert. MR. IRWIN DEMIANY, Suite 206, 1100 North Palm Canyon, Palm Springs, 92262, said he was part owner of a piece of property in Thousand Palms north of Ramon. He said he felt Palm Desert was paying next to nothing for these improvements and that it should be paying for the work since it will benefit by the improvements. MS. EDITH GALES, Palm Springs, said her cash assessment would be $26,966, which is greater than the original purchase price. MR. MARTIN LAFKIN, 1520 Calle de Maria, Palm Springs, part owner of a parcel of land north of Ramon Road. MR. ROSS GALOTTI. MS. JOAN SEGALL, owner of 10 acres off Portola near Country Club Drive. MS. RICKIE ANDRIOLI, P.O. Box 4361, Palm Springs, said she was against the district and did not know why it was not given back to the County where it belongs. She said paying $27,000 on a little over seven acres was astronomical and ridiculous. MR. ERIC WILLIAMS, 1009 Andreas Palms Drive, Palm Springs, part owner and managing partner of a group of people who own approximately 360 acres of land, most of which lies well north of Ramon Road in Thousand Palms. He said he was not aware until this meeting that the Chase School Road was being eliminated from this proposal. He said he was angered and incensed that they should be expected to pay an assessment that is approximately $140,000 when they clearly have no benefit whatsoever from the interchange. MR. JEROLD SEGALL, 73-758 De Anza Way, Palm Desert, questioned how boundaries had been set. He said his 10-acre parcel was the only one in the area that would be participating. He said he had put a lot of time and energy into building a jojoba plantation, and he did not see how a bridge at Cook Street would benefit a jojoba plantation at all. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly invited testimony in FAVOR of the proceedings. MR. BILL IVEY, 1682 Bridle Pathway, Santa Ana, said he was representing Mr. Hahn, who was the owner of 475 acres located at the northeast corner of Varner Road and Chase School Road. He said this property was approved as a specific plan in 1988 for approximately 1,522 residential units, an 18-hole golf course, and approximately 27 acres of commercial retail. He added that Mr. Hahn was in favor of the interchange and would like to see it proceed accordingly. MR. MICHAEL LAWLER, 1515 Cumberland Lane, Newport Beach, said he was representing TMP Inland Empire VI, owners of 84 acres north of Interstate 10. He said they were in favor of the assessment district but would like to see the Chase School Road included in the improvement schedule. MR. LIONEL STEINBERG, 471 Monte Vista, Palm Springs, said he felt the Valley needed to have this overpass approved. He agreed with others who spoke in that maybe we should get broader participation to help pay for this artery and said he felt this was important for the future of the entire Valley. MR. WILLIAM SWANK, 55550 Riviera, La Quinta, said he was speaking for himself and Portola Development Company, owner of 420 acres north of Frank Sinatra between Cook and Portola. He said the project was a low -density residential development with golf course. He said he firmly believed that the interchange at I-10 and Cook was a very much needed facility and that we have to be thankful for those who came before and had the wisdom to put in the streets and infrastructure that created the basic value that everyone enjoys today. He said now was a good time to build this interchange and that it could never be built any cheaper than right now. Mr. Folkers reported that the final percentage of protests was less than 32 % for the total area. Mayor Kelly declared the public hearing closed. Council Comments/Discussion: Crites: Stated that no matter what we do tonight, it needed to be noted for the record that Dr. Tynberg's request for a recount or reassessment should this body say yes to this and protests are over 50%, that would automatically nullify the district. 22 .`'IL REGULAR PALM DESERT '''TY COCNCIL MEETING * * * * * * * * * * * . * * * * * * * * * * * * JUKE 25, 1992 * * * * * * * * * * * Mr. Mac Brown responded that the protest count is by acreage within the boundaries of the assessment district. If the protest is in excess of 50%, it would require four affirmative votes for the Council to go forward. Crites: Said he felt this interchange will be needed. Given the amount of time it takes to go through the process of planning a major freeway interchange and working with CalTrans, etc., he felt the Council would be wise to do whatever we need as quickly as possible because it will not be completed for several years. He said it would probably be the year 2000 before it is completed. He said that in theory it sounded good to assess the entire Valley for this project; however, he felt it was not feasible, and we have an obligation to do a reasonable spread of assessment. He said he felt it was incorrect to say that Palm Desert is not contributing. Palm Desert receives a portion of the Measure "A" sales tax monies, and it was staff's position that a priority for the expenditure of Palm Desert funds was for this interchange. He stated that Palm Desert is not spending $15 million to buy new land for a golf course. He said the City bought land in the North Sphere a long time ago, and he said some of this might be used for that purpose. Councilman Crites stated that he did not think there was any way to build a fair assessment district; however, he felt an assessment district must not be fundamentally flawed, and he felt this district, the way it was designed now, was fundamentally flawed. He said he felt this was pointed out in the situation at Desert Falls where some people are assessed and others who moved in later are not assessed. He felt it was "fundamentally flawed" when because someone bought a home a year ago they will not pay, but because a person bought a piece of land a year ago they will pay. He said the argument is made that people who buy homes pay sales tax; if a person buys a home in this town and they are a part-time resident, they will pay sales tax that time they are here. If someone buys a piece of land and is here part of the year, they will also pay sales tax. He said even a major proponent like Mr. Steinberg makes the comment that a fair assessment spread should be done. In addition, Councilman Crites stated that people who are north of Ramon have an excellent way to get to the freway, and he could not perceive any reason they would use the Cook Street Interchange. However, there will be people from The Vintage, Desert Falls, The Lakes, etc., who will use this interchange from the day it is first opened, and they are not paying their fair share. He said there were lots of people being dragged along because their total composite holdings are not large enough to stop this, and he felt that was not fair. He said he could not vote for a project that is fundamentally flawed, as this is. Benson: Agreed that the interchange is needed but also agreed that it is not a fair assessment and should encompass those that are going to be using it all the way down Cook and to the east, such as Vintage and El Dorado. 23 REGULAR PALM DESERT CITY COUNCIL 1IEETLNG JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Wilson: Felt that Crites had identified the issue that it is not a fair spread, especially when you look at that area and the history of it. Much of that area was homesteaded, and the land for many years sold at a small price. People who acquired some of that land did so as a life's investment, yet it will be perhaps 20 to 60 years before they see the return on that developable land. He said he could not understand why many of those areas have been asked to contribute. He said he felt although this is a very needed project, there are other ways to fund it, such as perhaps having a two -city (Indian Wells and Palm Desert) assessment district across the board and putting it to the vote of the people; i.e., if they want relief of the congestion, vote for it. Snyder: Agreed the project needs to be done, but this is not a fair assessment. Kelly: Stated Palm Desert took the lead agency role for the Cook Street interchange, and the County was Iead agency for the Monterey and Washington interchanges. He said all the streets in the north sphere in Palm Desert were four lanes; the County was lead agency on Monterey, and we assumed they were putting in four lanes on Monterey Avenue over the freeway for the interchange. By the time we discovered they were not doing so, it was too late, and Council agrees the Monterey interchange was not done right. He said he had worked very hard for over five years to get a Cook Street interchange but felt this was not the way to do it. He said the City Council in Palm Desert takes a lot of pride in listening to the people and usually comes up with a decision that is satisfactory to everyone. MR. MAC BROWN noted that if Council felt the district still should be contemplated, it might want to refer it back to staff for further investigation on not only alternate methods of financing but also reanalysis on the spread, with a report back to Council in 30 days. Councilman Crites stated that many people in the audience inferred that this had been placed on the Agenda because most of the people did not have the ability to vote against the Council because they are not residents of the City. He said the Council does not care whether the people are residents of the City or not. If the arguments are valid, they deserve to be heard. He said this is not an issue of who gets to vote for who, it is an issue of trying to go a good job of government. Councilman Snyder moved to refer this matter to staff for further evaluation and determination. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Kelly called a short recess at 9:05 p.m. to allow members of the audience to leave. He reconvened the meeting at 9:10 p.m. 24 M.L. l 1 L5 REGULAR PALM DESERT 'Ty COUNCIL MIEETLNG JUNE 25, 1992 * * * * * * * * * * * _ * * * * * * * * * * * * * * * * * * * * * * H. CONSIDERATION OF APPEAL OF PLANNING COMMISSION CERTIFICATION OF THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PALM DESERT CIVIC CENTER BALLFIELDS (MONTEREY COUNTRY CLUB ASSOCIATION AND SEBASTIAN MASTRO, APPELLANTS, CASE NO. CUP 92-21. MR. DIAZ INDICATED THAT HIS STAFF REPORT SHOULD BE TRANSCRIBED VERBATIM FOR THE RECORD. DIAZ: Mr. Mayor and Members of the Council, before us this evening is the public hearing to evaluate Conditional Use Permit 92-2 and to certify an environmental impact report therefore. This is a DeNovo hearing, which means that the entire original project is before us. The basis of the appeal to the Council is the supposed failure of the Planning Commission to make a finding that "the proposed location of the conditional use permit and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity". I shall demonstrate to the Council that the project and the process have complied with all applicable municipal requirements as well as CEQA requirements and that all required findings have been and can be supported by evidence and can be made in the affirmative. The oral report this evening may appear long. This is not the result of my desire to set any new type of record for Planning Commission appeals to the Council; however, in hopes of avoiding threatened litigation and assuring successful defense of the City's decision should litigation occur, the record must be long and it must be precise. The project before us as originally noticed involves a proposed corporation yard, lighted sports field facilities, and ancillary uses. The plan that is up here in the area colored, the corporation yard is here, you see the parking area off of Magnesia Falls. This is the plan that is before us. The plan that the Commission approved on the 19th of May contains a date palm preserve, boccie ball and picnic facilities, lighted sports fields, and other ancillary uses. The corporation yard was deleted, and the Commission's feeling at that time was that there were compatibility problems with that particular use and uses which existed on adjacent properties. Now, the plan that the Commission approved was a result of meetings that occurred with adjacent property owners and representatives as well as testimony taken during the public hearing. That is the plan that is here. You can see the four lighted baseball fields, the soccer fields would be overlaid thereon. The parking has been removed from Magnesia Falls and placed along the extension of San Pablo. You see the boccie ball and horseshoe areas. The horseshoe area has been eliminated because there was some question of a lot of noise generated by horseshoes (we were only going to have champions who hit ringers every time they three it). The parking area is here for the boccie ball and picnic area. 25 tiIL\L 1Ls REGULAR PALM DESERT CITY COUNCIL MEETLNG JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s Access would not be coming in off of Magnesia Falls, we would just have an emergency gate. It was proposed and conditioned that Magnesia Falls be cut off at this entrance to the park except for emergency vehicles. In order to arrive, therefore, at this parking area, this particular short roadway was placed. Also conditioned were additional trees and height of trees to go around there, but I'll get into those conditions a little later in the report. As indicated, the changes that were made from the original plan, just to go over them again: 1) that all parking with access to Magnesia Falls was removed, 2) the City was to undertake a lighting study to identify potential modifications to the baseball fields and driving range at C.O.D., which was a condition of approval that was placed on this particular project, along with expenditure of $20,000 to make such modifications, 3) fields were to be lowered three to six feet, with berms installed around the fields and trees planted at a higher height on them. The representatives of both the Vineyards area and the Monterey Country Club didn't both exactly feel this way, but the Monterey folks felt that Magnesia Falls should be vacated and that there should be no lighting on the sports fields. I do not believe that the Vineyards representatives really cared whether Magnesia Falls was vacated or not. I may be wrong, but they can address that. The Minutes of the Commission hearings clearly demonstrate that the Commission did evaluate, react, and acquiesce to many of the concerns and requests of both groups opposing the project, but to state that they received nothing because they did not receive everything, staff feels is an inaccurate evaluation of the process and what occurred. Another issue that arose was the location of the project and whether the environmenal impact report properly evaluated the alternate locations. The conditions of approval in terms of the location for the ballfields: 1) that this location is the center of the City, it is connected by bike trails to the high school, to the middle school, and to an elementary school. It has easy access for parents to have their kids use it. You have a planned secondary street in Magnesia Falls, you have Monterey which is a regional thoroughfare, you have Fred Waring which is also a regional thoroughfare. These lend itself to this particular location in terms of development and access, 2) it is advantageous in that the Coachella Valley Parks & Recreation District community building, which we approved this evening after a few hearings, is going to be in the area, making it easier to schedule and resolve any problems with regard to scheduling it that might occur, 3) the availability of existing utilities and the existing grade and soil properties make the facilities development quire feasible, 4) because the development surrounding the facility, it is inbuilding, and the problem associated with parcels further to the north are avoided. 26 vILNL 1 LS REGULAR PALM DESERT' "ITY COUNCIL MEETLNG * * * * * * * * * * * * * * * * * * * * * * JUKE 25, 1992 * * * * * * * * * s * s In terms of the alternate sites, these issues were raised in attacks on the EIR as I indicated. The courts have clearly stated that firstly, alternative site examinations need not be exhaustive but need to be reasonable in number, and that the sites evaluated need to have some possibility of reasonableness of being developed. I'm going to concentrate on the alternative sites that were looked at for the ballfields. If Council wishes, we can also examine the alternative sites for the corporate yard, but I don't know which plan we want to look at. So I'm just going to concentrate on the ballfields. First of all, the northeast corner of Portola and Gerald Ford Drive, for example. As Council will recall, we had a feasibility study done by Frank Urrutia on this particular site, and the problems that were presented were, first of all, we did not have utilities on that site. The cost of bringing utilities to that site made it economically unfeasible to develop in terms of ballfields or park at this time. Secondly, grade differences necessitated differentiation in the heights or levels of the ballfields. We also had blow sand problems. In attempting to resolve the blow sand problem, the only feasible solution we had was creating tree barriers that would blow the blow sand on adjacent properties. And then, finally, the corner of Portola Avenue and Gerald Ford Drive, in terms of proximity to where the families are, where the kids are, it is too far out. It just does not make any sense to develop the site there at this time. Secondly, Frank Sinatra and Portola were looked at. First of all, other uses have been projected there. We do need a public golf course. We have heard over and over again from folks in the City that we need a public golf course, and this is the area where we have that much land put together where it can be done. At this time, also, you have the other problems with developing ballfields that we presented as far as the northeast corner of Portola and Gerald Ford is concerned, and that is the blow sand problem. Utilities are not as large a problem, but there is a blow sand problem, and a public golf course will offset those particular disadvantes whereas ballfields will not. And, again, we have the problem of the proximity of the users to this particular facility. Thirdly, looking at the Hovley area, our park site on Corporate Way. In terms of future need, that area has been designated. The corporation yard has now been placed on that area. Earlier, we were going to have the date palm preserve in that area. Grade differentials make it more costly to develop the ballfields in that particular area, and also the people in that area, because of the higher density of housing that was going in there, we indicated that the park would not necessarily have organized play. As we move down to the south side of the City of Palm Desert and looking at any location there, first of all there is no site large enough to accommodate this facility 27 REGULAR PALM DESERT CITY COUNCIL MEET! NiG JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * south of Highway 111. The only potential site would be Ironwood Park; however, at Least half of that is necessary for drainage and retention. And then you have the access problems to Ironwood Park, again bringing us back to this facility here. This is where it makes sense, and in terms of the alternate locations that we looked at this is why this location should be chosen for this particular facility. In terms of looking at the location, we feel that based upon those things that I have just stated, and those things were brought out in the report and were discussed in the hearings. I am sure all of us remember the reports that we have gone through in the Tri-Cities program. We can, indeed, make the affirmative finding that: 1) the proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the public zone, which this particular property is zoned. Further, it provides needed recreational amenities and other public facilities that are needed to maintain the future viability, health, and welfare of the City of Palm Desert. In looking at the conditions of approval placed on the permit and the information contained in the EIR, there is evidence that would support the finding that "the proposed location of the conditional use and the conditions under which it would be operated and maintained will not be detrimental to the public health, safety, and general welfare or materially injurious to the property or improvements in the vicinity. These conditions include: 1) Time limits on sports activities lighting to be turned off at 1:00 p.m.. 2) The lighting standards that are established we indicate, and it's in the Environmental Impact Report, utilization of the City of Irvine standards; the reason we chose the City of Irvine standards is because they were the strictest standards that were available to us in terms of overflow lighting. 3) After installation the lighting shall be monitored and adjusted to prevent spillover outside of the Civic Cener park area. 4) The City shall conduct a lighting study and spend $20,000 to modify the C.O.D. baseball fields and driving range lights. 5) There shall be a comprehensive review of all lighting, whether existing or proposed, in the Civic Center and working guidelines formulated for retrofitting, replacing, removing, or otherwise correcting lighting which annoys surrounding residents. 28 NIL\ L. I ES ItE•GL'LAR PALM DESER"" —ITY COUNCIL MEETING JUNE 25, 1992 * * * * * * * * * * . * * * * * * * * * * * * > * * * * * * * * * * * * 6) There would be developed a maintenance and review program for all Civic Center lighting, with the review being minimally done semi-annually, but if we receive complaints, we will check those out and check the lighting when we receive the complaints. 7) No speaker system is being placed on these facilities. 8) All of the mitigation measures identified in the Environmental Impact Report are being placed on this particular project. These conditions, along with the information presented earlier relating specifically to the location, provides evidence to support the finding that the particular site location and the conditions under which the conditional use will be operated will not be materially injurious to adjoining properties and the health, safety, and general welfare of the City of Palm Desert. The next finding that can be made affirmatively is that the proposed conditional use complies with applicable provisions of the zoning ordinance. This is fairly easy because there are no waivers or variances being requested or granted of this particular project. Finally, the proposed conditional use permit does comply with the goals and objectives and policies of the City's adopted general plan and Year 2000 plan by providing needed recreational amenities and facilities that are needed at this time. This particular project is not going to have a growth inducing impact. This particular project is being developed/constructed in order to accommodate the present needs of the area. In conclusion, while this is a DeNovo hearing, staff believes that the plan that was approved by the Planning Commission should be reaffirmed and that the conditions set forth by the Planning Commission should be reaffirmed and that the certification of the Environmental Impact Report by the Planning Commission should also be reaffirmed through the adoption of the resolutions by the City Council approving the conditional use permit and certifying the environmental impact report. And that would conclude the staff report. Councilman Wilson questioned the number of light poles and their height. Mr. Diaz responded that the height would probably be approximately 75 feet. He said staff was concerned with the standards; the shorter the poles, the greater the number of poles. He said one of the problems with the C.O.D. lighting is that the lights are too low. He added that there would possibly be as many as six or eight poles. 29 ML\ L TES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites asked how tall the poles are at the driving range, and Mr. Diaz responded that they were 20 to 25 feet high. Mayor Kelly declared the public hearing open and invited testimony in OPPOSITION to this request. MR. WAYNE GURALNICK, Guralnick and Associates, 74-399 Highway 11 I, Palm Desert, said their only opposition to the Planning Commission recommendations dealt with Exhibit "A" to the resolution outlining conditions of approval as follows: Condition #2 - "Outdoor lighting of sports activities shall be turned off at 10:00 p.m." He said parents were concerned that kids were playing until 10:00 p.m., and one of th reasons for additional ballfields was to get the kids home earlier. He said the concerns of residents also needed to be taken into consideration, and he suggested reducing the time period from 10:00 p.m. to 9:00 p.m. would mitigate the concerns of everyone. Condition #15 - "The first two rows of trees in the date grove on the north side shall be mature trees 18 to 25 feet in height." He said it was his understanding that the Planning Commission discussed having trees around the perimeter aspect of the north side ballfield areas, and he felt it would be important to the Monterey Country Club homeowners to have a perimeter berm of tall trees, whether eucalyptus or some other species. Mr. Guralnick added that the Monterey Country Club residents would prefer that the ballfields not be lighted; however, they understood the concerns of all of the kids who wish to play, and if Conditions #2 and #15 could be modified as proposed, the residents would find it acceptable. He offered to answer any questions. MR. BOB RIORDAN, 252 Castellana, Monterey Country Club, said he loved kids and felt this was a wonderful thing; however, he felt this was not perhaps the best place to put such a facility in relationship to where he lives. He said if all of the conditions are met as stated in the resolution, he would not have a lot more to say because he would not fight motherhood and apple pie. If these conditions vary, he said he would like an opportunity to come back and be heard before something happens. He added that he was upset and felt it was bad faith that all of the cement for the tennis courts was poured in the middle of discussions about this facility. He said it would have been ideal from his standpoint if the ballfields had been moved a little further south. MR. BOB ALLEN, 308 Castellana South, Monterey Country Club, said he had no objection to the ballfields on this site if they were pushed another 140 feet south and lined up with the 30 MEN L. 1r.) REGULAR PALM DESERT CT."'Y COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * JUNE 25, 1992 * * * * * * * * * * lights at the College. He agreed with Mr. Riordan's comments about the tennis courts and said the concrete had been poured while he was on vacation without any agreement on where the ballfields would be located. MR. VICTOR VILLENEUVE, 43-349 Martini Court, stated that with regard to the City of Irvine lighting standards, he felt Irvine did not compare at all with Palm Desert; Irvine is a very urbanized city, between two freeways, with lots of commercial areas, lots of lighting, lots of traffic. With regard to alternative sites, he said the items mentioned that are really excuses for not locating these facilities in the alternative sites are only engineering problems. He said it is only a question of money and that this was not the last site for a ballfield available in the City of Palm Desert. With regard to the condition of approval dealing with the $20,000 to modify or retrofit the lighting at College of the Desert, he said this had never been explained to him what it was for and whether it did indeed mitigate or modify the lighting to the standards being applied to the new ballfields. He read a prepared statement from residents of The Vineyards immediately adjacent to the east side of the Civic Center Park in opposition to the installation of any additional high intensity lighting in close proximity to their homes. He said they felt there were more suitable locations for these facilities within the City limits that can be developed to meet both present and future recreational needs of our community. He asked that the Council reject the Planning Commission's approval of Conditional Use Permit 92-2 and direct staff to initiate a site plan for alternative uses or facilities on that site that are more sensitive and compatible with the surrounding residents. He said they extended an unlimited offer of their time and energy to assist staff with the site planning process in order to achieve the goal of a Civic Center Park that will not only meet community recreational needs but will also attest to the spirit of cooperation and undertanding among all the residents. MS. DENISE POELTLER, 43-349 Martini Court B, said although she agreed that the City needs ballfields, she felt there were better places for them to be placed. She stated that if these lighted ballfields are installed, she will never be able to sell her home for fair market value. She felt the environmental impact report had insufficient information for the public and City leaders to make an informed decision about the project. She added that written comments and previous public testimony had not been included or responded to by the City Planning staff. She added that there was no lighting study for the cumulative effects of all the sports lighting in and adjacent to the park. MR. AL PELLEGRINO and MRS. GEORGIA PELLEGRINO, 43-456 San Pascual, also spoke in opposition to the ballfields. Mayor Kelly invited testimony in FAVOR of this project. 31 MIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. DON JOHNSON, 76-896 New York Avenue, Palm Desert, representing the Palm Desert Youth Sports Association, said he felt there was a need for these fields at this time and that they had outgrown the fields behind Palm Desert High School. He said there were four fields at this time for 96 teams with 1,250 boys and girls between the ages of 5 and 14 as well as Colt and Palomino teams for the older youth. He added that with those four fields, they had to squeeze in eight games two nights a week. He said it had been very difficult to organize this sport and keep it for the people in the Palm Desert area. With regard to lights, he said there was definitely a need for the lights and that they would try to have them off by 9:00 p.m. if they started about 6:00 p.m. and had only one game. MR. MARC HOMME, 74-361 Highway 111, stated he had lived here since the early 1960's and that his parents had developed the area known as Monterey Country Club today. He said he remembered the Valley when he used to drive down Clancey Lane and there was nothing but ranches, farms, and the wash. He said the same type of objections raised about this project were raised when Monterey Country Club was being developed. He said the Valley was growing, and nothing would stop that growth. He expressed concern as a parent and said there are hundreds of children in this community, and we need to provide for them. He said this field was the best opportunity we all have to do something for the kids. He said this park was built as something good for the community, and it will be something that will enhance the neighborhood. He added that he hoped the Council would go forward with this project in recognition of the issues faced as a community in providing for the youth. MR. RANDALL WHITE, 73-186 Somera, stated he had participated in this process concerning the ballfields for a lengthy period of time and had attended most of the meetings and planning sessions. He said he had seen the concessions that had been -made and had seen the City attempting to mitigate the concerns of the surrounding neighborhood. He said most of the people present at those sessions had agreed that the City had done everything possible in order to mitigate the problems that may have been created if these ballfields had not been well though out. He suggested to the Council that the people involved in the Little League, Palm Desert Youth Sports Association, and Palm Desert Youth Soccer Association (with 750 children), need the ballfields. He stated to Mr. Guralnick that "Justine delayed is justice denied", and ballfields delayed are ballfields denied to many children who will not be able to use them. He said if Council decided to find alternative sites for these ballfields, we will end up going through another four to six years of a planning process, and our children will not have those ballfields to use. Mayor Kelly declared the public hearing closed. Councilman Wilson stated that Mr. Guralnick requested on behalf of Monterey Country Club that Condition #2 be changed to 9:00 p.m. In addition, Mr. Johnson indicated the could probably be over by that time except for some cleanup time. He asked if there was a way 32 A1LN L l tJ REGULAR PALM DESER" 1TY COUNCIL .MEETING '* * * * * * * * * • * * * * * * * * * * * * *__ * JLNE 25, 1992 * * * * * * * * * * * to change the condition to 9:00 p.m. and have some low-level walking lights to allow for cleanup of the fields. Mr. Diaz responded that Condition #2 could be rewritten to say that the outdoor sports activity lighting for this area will shut off at 9:00 p.m. and that the lighting shall be designed in such a manner that there will be smaller lighting for cleanup and for people to move out of the facility. Councilman Wilson stated that another issue brought up was the fact that we have not really assessed the cumulative impact of lighting. He asked what guarantees there would be that we are not just compounding the problem. Mr. Diaz responded that a City Council condition could be added that the cumulative lighting level in the area across the San Pascual Channel shall be less than the present ambient lighting level. He said the lighting plan and design would all be done, and we would have that assured prior to us proceeding. He said we could go ahead and start construction of the ballfields, with the conduit being put in while the lighting plan is being done. If the lighting plan does not show that that will occur, the lights will not be put up. If the lights are put up and that does occur, the lights will not be turned on. At the request of Councilman Wilson, Mayor Kelly reopened the public hearing. Councilman Wilson addressed a question to Mr. Johnson and asked what would happen if we went ahead with ballfields on this site and found at a later date that the lighting level was not going to be adequate and whether the PDYSA would still be able to make good use of the fields durng the daylight hours. Mr. Johnson responded that there is a need for fields with lights. He said that in early April, when they begin their games, it is dark by 6:00 p.m. He said the lights at the Cook field go off at 10:00 p.m. and that he had not had any complaints about that. Councilman Wilson said that ideally they should be lit. However, he asked what Mr. Johnson would do if he had to make a choice: 1) Taking the chance to get some fields by next season that might or might not be lit or 2) taking the extra time to look for additional sites and locations. Mr. Johnson responded that he would take the fields without lights and would try to use them for practice and games after daylight savings time, but it would be a problem because games might have to be halted due to darkness. 33 MINUTES REGULAR PALM DESERT CITY COLNCIL MEETING JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson stated that the issue was the cumulative lighting that would impact the neighborhood. If we could be assured that by correcting the situation with the College of the Desert lighting that we could reduce the lighting there and not add to the cumulative impacts, we could go ahead with lights. Councilmember Benson asked if it was conceivable that if there are no lights on these fields, games could be played between 5:30 p.m. and 7:30 p.m. Mr. Johnson responded that as long as it was light outside, they could play the games during those times. Councilmember Benson stated she had been involved in the ballfields since we started looking at the how and where of their placement. She said alternative sites had been looked at. This is a City park, and it should encompass a lot of things for a lot of people. She said she believed this was the right place for the ballfields. She said her son had played for years without lights, and the majority of people who say their children played in Little League also played without lights. She said she would be very much in favor of putting the ballfields at this location with no lights at this time but with electrical done in case the impact is mitigated at a future time. Councilmember Crites said he felt Wilson's idea had merit, and if he lived across the street he would look very skeptically at the government's promise to take care of the lighting. He said we are not College of the Desert, but we will take the blame for their lack of willingness or lack of competence to do anything for years. He said for Councilman Wilson's suggestion to work, we would have to hire an independent lighting company that we and the neighbors think is competent and spend whatever money is necessary to lower the existing glare problem from the College, the volleyball lights, etc. He added that if the ballfields are going to be lighted at all, it must be with a reduction in the amount of ambient light reaching those properties. With regard to condition #14 stating that "No speaker system shall be installed", he said he felt the words "now and in the future" should be added so it cannot be added at a later time. With regard to the date grove, he said the Monterey Country Club residents wanted to have two rows of trees, and if they want something for shade, they would want a different kind of tree than date trees. He suggested a modification of Condition #15 to move the grove two rows to the south so that we retain the original 16 x 16 configuration of the grove. Mayor Kelly expressed concern with putting the buffer type trees because of the possibility of transients. He said there was no doubt that we need baseball and soccer fields, but if we put them in without lights, we will still have a lot of use on weekends. He felt it was urgent to move ahead so we have some fields, even if they are put in without lights. He also asked whether it would be still so important to have the tree buffer if there are no lights. He said when you start talking about heavy tree buffers, you are inviting transients to come in, which creates another problem. 34 MII`"UTES REGULAR PALM DESER'TY COUNCIL MIEETLNG JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * , * * * * * * * * * * * Councilman Crites stated that what he felt was important was that we keep the 16 x 16 block of trees. He said the Planning Commission recommendation was to, in essence, vacate Magnesia Falls, and he felt that would in essence cancel the street. He said his concern was that it had always been a street and had always been on the Master Plan for a street. He suggested that Magnesia Falls remain open as a street to the San Pascual Channel, with no parking allowed on the Monterey side of that street and only parallel parking allowed on the park side of the street, and that the street be barricaded off at the spot the Planning Commission wanted each evening by the Sheriff's Department 15 minutes after closure of the park and not be opened again until the next day when the park opens. He said he personally felt it should be a usable street during park hours. Councilman Wilson stated that it had always been in the Master Plan as a major street that will go across the bridge to Portola and to Deep Canyon. He said that was in the Plan from Day 1 of Monterey Country Club, and the people who live adjacent to it have always known that. To temporarily close it off is not being honest, because some day that street will go through. Councilmember Benson suggested amending Condition #13 to reflect that "adult softball activity would be reviewed quarterly" instead of waiting until complaints are received to review it. Mr. Diaz responded that the condition as worded meant that the adult softball activity would be reviewed a minimum of quarterly and more often if complaints were received. Upon question by Mayor Kelly, Mr. Randall White stated that the lighting issue was an issue with the soccer league as well because they generally play during the wintertime when curfew is 5:00 p.m. He said that although the league is expanding and efforts are made to play as much as possible during the day, they have had to use the fields at Cook well into the evening hours. If the fields are not lighted, they also would have problems because they do not have as many daylight hours to work with. Councilman Wilson stated he had brought up the lighting issue because he wanted the cumulative effects examined, and he was not proposing the elimination of the lights. He said he felt lights were desirable, but the Council also has an obligation to make sure there will be no additional impacts on the adjacent neighborhoods from the lights. If that cannot be done, the lights will not be put in. He said he supported the request to reduce the time from 10:00 p.m. to 9:00 p.m. Councilman Crites asked whether Wilson would support the idea of having an outside consultant come in to do the studies, and Wilson agreed. 35 MLNL TES REGULAR PALM DESERT CITY COUNCIL MEETLIG JUNE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder agreed and said he wanted to be sure the adjacent residents were protected. Councilman Crites suggested that the Council discuss the conditions of approval listed on Resolution No. 92-69: Item #1 - concurrence to leave as is. Item #2 - Councilman Wilson proposed changing the time for the lights to be turned off from 10:00 p.m. to 9:00 p.m. and adding the appropriate wording relative to low level lighting. Item #3 - Councilmember Benson said she did not think we should close off Magnesia Falls Road. Mayor Kelly added that if we are putting in a road inside the park, he saw no reason for anyone ever parking there. Councilman Crites said he did not think we should put a road 40 feet to the south of an existing road. Councilman Snyder added that he saw no need for the additional road the Planning Commission wants in, and he said he felt all we need to do is leave Magnesia Falls Road alone. He said he felt Conditions #3 and #8 should be removed. MR. RIERDON said he violently disagreed with what the Council was doing. He said if Council is going to take away the condition to close off Magnesia Falls, this would be taking away the prime reason he is not jumping up and down and yelling and screaming about the ballfields. He said it meant a great deal to the Monterey Country Club homeowners. Mayor Kelly asked how the homeowners would feel if Magnesia Falls was left open with no parking allowed. This would allow bicycles to still come through. Mr. Rierdon responded that he had no problem with a bike path but objected to vehicular traffic. Councilman Crites stated that if in the future we put something in the easterly part of the park, he would like to be able to use Magnesia Falls as a road to get there. He said he could live with no parking on both sides of the road as long as the road does stay open. MR. GURALNICK stated that the issue of concern was the noise levels created through the opening of Magnesia Falls. He asked that access be restricted at this location, and if Council is not so inclined, then the next alternative of mitigation would be no parking on both sides and have all of the people vacated from the park by 9:00 p.m. Councilman Wilson moved to, by Minute Motion, replace Conditions #3 and #8 with a condition that says there shall be no parking on either side of Magnesia Falls Road. Motion was seconded by Snyder. 36 lt.1.LNLTES :t.EGULAR PALM DESER" "'TY COUNCIL MEETLNG JLNE 25, 1992 * * * * * * * * * * - * * * * * * * * * * * * s_. * * * * * * * * * * * * Councilman Crites asked if it could also be the sense of the Council that if there is not adequate patrol by the Sheriff's Department, that Monterey Country Club can petition us for a temporary closure until we decide to use it as a through street. Councilman Wilson accepted this friendly amendment, and Councilman Snyder also accepted the amendment. Motion carried by unanimous vote. Items #4 and #5 - concurrence to leave as is. Item #6 Councilman Crites suggested changing the wording to say that the net ambient light impact to the neighborhood to the east and the north must, as a result of mitigation to existing light sources, be reduced and that such reductions more than compensate for any lighting spillover to be caused by any additional lighting proposed for ballfields. If that is not done, lighting shall not be used. He said the appropriate wording should also be added relative to bringing in a lighting consultant. Council concurred. Item #7 - concurrence to leave as is. Item #9 - concurrence to leave as is. Item #10 - Councilman Crites suggested that this condition be deleted. Council concurred. Items #11. #12. and #I - concurrence to leave as is. Item #14 - Concurrence to amend condition to add the words "now or in the future". Item #15 - Concurrence to amend the condition to move the date grove two rows to the south so that we retain the original 16 x 16 configuration of the grove. Items #16 and #17 - Concurrence to leave as is. Item #18 - Councilman Wilson asked if on the west side of the project the tamarisk trees would be removed. He said it made a good buffer for the people to the east from the football field and baseball field lighting, and by taking them out, we will unnecessarily impact the neighborhood. He said he would like to see the tamarisk trees remain. Councilman Crites added that there may be space between the tamarisks and the westerly edge of our property to put perhaps one row of parking with a road next to it. 37 MINUTES REGULAR PALM DESERT CITY COUNCIL \IEETING JUKE 25, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson stated he would prefer that the trees remain instead of being relocated. Crites suggested that the matter come back to Council for additional discussion if the tamarisk trees cannot be saved. Wilson agreed. Councilman Crites asked if this would eliminate the meandering road, and Mr. Diaz responded that it would. Upon question by Mr. Villeneuve, Mayor Kelly stated that the only lights on after 9:00 p.m. would be the low level lights for cleanup purposes and security. With regard to the lighting consultant, Mr. Villeneuve stated that consultants write their reports for whoever is paying them. He said he would want to be very careful, and he volunteered his time for free. Mayor Kelly declared the public hearing closed. Councilman Wilson commented that he hoped that in any future expansion and design of this park and all other parks, that we do a better job of working with the neighborhood in the park planning process so there are no surprises, that what is proposed has been worked through the neighborhood so that everyone is at least not surprised by what is being planned. He said he felt there had been a lack of neighborhood involvement in the planning of the activities and design of this park. Councilman Crites moved to: 1) By Minute Motion, adopt findings, 2) waive further reading and adopt Resolution No. 92-68, certifying the environmental impact report, 3) waive further reading and adopt Resolution No. 92-69, approving CUP 92-2 subject to conditions and with amendments as discussed and agreed to during the public hearing. Motion was seconded Benson and carried by unanimous vote. I. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 1992-93. Mr. Altman noted that this would be a joint City Council/Redevelopment Agency public hearing. He reviewed the staff report, noting that many hours had been spent on this budget. He said it was a balanced budget, with no new staff recommended, and that it included all of the programs asked for by Council. Mayor/Chairman Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. No testimony was offered, and he declared the public hearing closed. 38 MINVI ES Pa:G1JLAR PALM DESERT 'TY COUNCIL MEETING JUKE 25, 1992 * * * * * * * * * * * ' * * * * * * * * * * * * . * * * * * * * * * * * Councilman/Member Snyder moved to: 1) Approve the factors used in calculating the Gann Limit per discussion and waive further reading and adopt Resolution No. 92-70, adopting the 1992-93 Appropriaton Limit at $30,652,130 as per calculation, 2) waive further reading and adopt Resolution No. 92-71, adopting a program and financial plan for the fiscal year July 1, 1992, through June 30, 1993, 3) by Minute Motion, approve the 1992-93 Fiscal Year Budget for the Redevelopment Agency, 4) waive further reading and adopt Resolution No. 92-55, rescinding Resolution No. 91-83 and adopting allocated classifications, authorized positions, compensation plan, related employee benefits, and new Memorandum of Understanding for the 1992-93 Fiscal Year, effective July 1, 1992. Motion was seconded by Crites and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 11:20 p.m. ATTEST: • SHEILA R. GIL AN, CIT ZERK CITY OF PALM DESERT, IFORNIA RIARD S. KELLY, MAYOR 39