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HomeMy WebLinkAbout1993-02-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson III. INVOCATION - Mayor Jean M. Benson IV. ROLL CALL Pres it: Councilman Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Beason Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Richard Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Director of Redevelopment Paul Shillcock, ACM/Economic Development Director Paul Gibson, Finance Director/City Treasurer Phil Drell, Acting Director of Community Development John Wohlmuth, Environmental Caaservation Manager Ken Weller, L, , , ., i, . , yt Services Director Phil Joy, Associate Planner V. CONSENT CALENDAR A. MINI FS of the Regular City Council Meeting of February 11, 1993. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 27, 36A, 37, and 38. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Big Horn Golf Club for Big Horn Cult Cluh. 255 Palowet Drive, Palm Desert, California. Rec: Refer to the Department of Community Development for processing of a Conditional Use Permit MLN TES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • D. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM AGAINST THE CITY (I203) by Wendell W. Faile on Behalf of Jesus Ortega in an Unspecified Amount. Rec: By Minute Motion, deny the Application and instruct the City Clerk to so advise the Claimant. E. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM AGAINST THE CITY (4204) by Wendell W. Faile on Behalf of Mirtha Escobar in an Unspecified Amount. Rec: By Minute Motion, deny the Application and instruct the City Clerk to so advise the Claimant. F. CLAIM AGAINST THE CITY 4205) by Mort Medway in the Amount of $514.47. Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the contractor, Carney Brothers; 2) direct the City Clerk to so notify the Claimant. G. CLAIM AGAINST THE CITY (1206) by Jon Thomas Duncan in the Amount of $1,937.53. Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the contractor, the Coachella Valley Water District; 2) direct the City Clerk to so notify the Claimant. H. CLAIM AGAINST THE CITY (1►207) by Claude John Klug in the Amount of $12,120.00. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. I. CLAIM AGAINST THE CITY (1208) by Terry Lundon in the Amount of 52,000,000.00 for General Damages. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. J. CLAIM AGAINST THE CITY 42091 by John A. Noble in the Amount of $558.81. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. K. CLAIM AGAINST THE CITY (1210) by Paula Helm in the Amount of $67.43. Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the contractor, the Coachella Valley Water District; 2) direct the City Clerk to so notify the Claimant. L. CLAIM AGAINST THE CITY (/ 211) by Sally Jenkins in the Amount of S868.90. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate settlement in an amount not to exceed $900.00, subject to Claimant's execution of a Release of All Claims. M. CLAIM AGAINST 'ME CITY (g212) by Angus Jappy in the Amount of $141.88. Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the contractor, the Coachella Valley Water District; 2) direct the City Clerk to so notify the Claimant. N. PRELIMINARY SCHEDULE OF INVESTMENTS as of January 31, 1993. Rec: Receive and file. 2 REGULAR PALM DESERT Cr- . COUNCIL %FF.TLVG FEBRC'ARY _S, 1993 • • • • • • • • • • • • , • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • O. RESOLUTION NO. 91-10 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (October 1992). Rec: Waive further reading and adopt. P. RESOLUTION NO. 93-11 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (November 1992). Rec: Waive further reading and adopt. Q. RESOLUTION NO. 93-12 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (December 1992). Rec: Waive further reading and adopt. R. RESOLUTION NO. 93-U - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (January 1993). Rec: Waive further reading and adopt. S. MINUTES of the Regular Meeting of the El Paseo Business Improvement Area Board of December 17, 1992. Rec: Receive and file. T. REOUESTFOR AWARD OF BID for Landscape Maintenance Services for El Paseo Street Medians, Presidents Plaza Parking Lots, Palm Desert Library and Historical Society Building (Contract No. (07010J. Rec: By Minute Motion, award the contract to Valley Gardening Service in the amount of $21,600.00 ($1,800.00 per month). U. REOUEST FOR EXTENSION of Exploratory Pothole Project (Contract No. C04750). Rec: By Minute Motion: 1) Authorize the partial release of the retention monies held on the subject contract from October 25, 1990, to date for worst completed to date; 2) authorize the extension of Contract No. C0475Q with Hendrickson Construction to December 1993; 3) encumber an additional $30,000 for the anticipated projects requiring exploratory potholes. V. • 1-.'1 •, .: 1: • U • K1: ly Applicant). for Tract No. 26123 (Sunrise Company, Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. W. REOUEST FOR APPROVAL of Four-way Stop Control at Country Club Drive and Park Center Drive/Barrington. Rec: By Minute Motion, approve modifications to the intersection control from two- to four-way .top d: a preliminary step toward full signalization. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 2S, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • X. REQUEST FOR APPROVAL of Traffic Signal Installation at Magnesia Falls Drive and Portola Avenue. Rec: By Minute Motion, authorize staff to proceed with the traffic signal at the subject location. Y. REOUEST FOR CONSIDERATION of All -Weather Bridge on Monterey Avenue at the Whitewater Flood Control Channel (Contract No. C07250). Rec: By Minute Motion, authorize staff to negotiate with Moffatt & Nichol for a fast -track bridge design. Councilman Kelly removed Items H and X for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Councilman Wilson also removed Item Y for separate discussion. Upon motion by Wilson, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 93-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING CONGRESSIONAL APPROPRIATION OF LAND AND WATER CONSERVATION FUNDS TO THE BLM FOR THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA AND MORONGO CANYON ACEC. Mr. Altman noted the report in the packets and offered to answer any questions. CotmciImaa Kelly stated that while he did not have a problem with supporting this request or acquiring vacant land in the Santa Rosa Mountains, he was concerned with the resolution's statement that the City would urge Congress to , �, are. $500,000 for lands in the Big Morongo Canyon. He said he felt this was something that does not really affect the City of Palm Desert but noted that he owned property there. Councilman Crites . .1 that this was a resolution which was faxed to the City and that his concern was for the Santa Rosa Mountains Scenic Area. Councilman Kelly moved to waive further reading and adopt Resolution No. 93-14, amended to delete the Morongo Canyon ACEC. Motion was seconded by Wilson and carried by unanimous vote. B. RESOLUTION NO. 93-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA. REQUESTING THAT THE COUNTY OF RIVERSIDE NOT ASSESS THE CITY OF PALM DESERT FOR STRUCTURAL FIRE PROTECTION PURSUANT TO SECTION 25643 OF THE CALIFORNIA GOVERNMENT CODE. Mr. Altman reviewed the staff report and recommendation. Councilman Wilson moved to waive further reading and adopt Resolution No. 93-15. Motion was seconded by Snyder and carried by unanimous vote. 4 REGULAR PALM DESERT Cr""-' COUNCIL MEETING • • • • • • • • * • • • • • • • • • • • • • FEBRUARY 25, 1993 • • • • It a • • • • • • • • • • • • • • * NOTE: The following Resolution was listed on an Agenda Addendum and posted 72 hours prior to the City Council meeting. C. RESQLUTIQN NO. 93-U - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING AN ALTERNATIVE -FUELED VEHICLE PURCHASE POLICY. Mr. Altman noted the report in the packets and offered to answer any questions. Councilman Wilson moved to waive further reading and adopt Resolution No. 93-18. Motion was seconded by Kelly and carried by unanimous vote. VUI. ORDINANCES For Introduction: None For Adoption; A. ORDINANCE NO. 706 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A CHANGE OF ZONE FROM R-3 (4) TO O.P. AT THE NORTHWEST CORNER OF COOK STREET AND SHERYL AVENUE, CAS NO. C/Z 92.6 (General Construction Management). Mr. Altman noted that there had been no changes since introduction of this ordinance, and he recommended as adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. ix. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING. IX. CONSENT ITEMS HELD OVER H. CLAIM AGAINST THE CITY (Ar207) by Claude John Klug in the Amount of $ 12,120.00. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. Mr. Altman .. Jed that this item be held for discussion in Closed Session. See "Adjournment" for Council action. X. jtEOUEST FOR APPROVAL, of Traffic Signal Installation at Magnesia Fails Drive and Portola Avenue. Rec: By Minute Motion, authorize staff to proceed with the traffic signal at the subject location. Mr. Folkera reviewed the staff report, noting that this request was before Council now because staff was concerned that the signal be installed by the time the new Phase 3 sports complex is completed toward the end of 1993, and it takes approximately eight to nine months for a traffic signal to be installed. Councilman Kelly said his concern was with how this would phase in with the traffic signal at Portola Country Club. Mr. Folkers responded that they would be coordinated and that staff could do both signals at the same tinie if Council wished. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Councilmember Beason said she was concerned that the road is not yet through all the way. She also said when this was discussed previously, the signal was going to be put in at Rutledge, not at Magnesia Falls. She added that the did not know if it was necessary to put it in at this time. Councilman Crites said he felt it would be appropriate before deciding to signalize this intersection to determine whether or not that street will be put all the way through to Monterey. Mr. Folkers said staff had looked at the situation at Monterey, with the feeling that it could be done in such a way that the City would not have to signalize it. Councilman Kelly added that he would prefer to make a decision based on the entire package. Mr. Folkers responded that staff would prepare a report and come back to Council. Councilman Snyder moved to continue this matter until staff comes back with an additional study. Motion was seconded by Kelly and carried by unanimous vote. Y. JJEOUEST FOR CONSIDERATION of All -Weather Bridge on Monterey Avenue at the Whitewater Flood Control Channel (Contract No. C07259). Rec: By Minute Motion, authorize staff to negotiate with Moffatt & Nichol for a fast -track bridge design. Councilman Wilson said he felt the proposal was a good idea but asked if the City had strong assurance that the City of Rancho Mirage is with us this time. Mr. Altman responded that Rancho Mirage had expressed interest in the bridge. He added that this was just to get the process going, and then the negotiations would begin with the other parties. Councilman Wilson moved to, by Minute Motion: 1) Authorize staff to negotiate with Moffatt & Nichol for a fast -track bridge design; 2) direct staff to immediately begin discussion with Rancho Mirage and come back to Council if Rancho Mirage is not supportive of going ahead with the bridge. Councilman Kelly said he would second the motion if the bridge will be like the all-weather bridge at Bob Hope. Mr. Folkers responded that it would be like that at Bob Hope and added that as much as possible there would be a temporary by-pass road that staff would try to keep open. Councilman Kelly also asked that staff immediately notify the Mayor if negotiations get to a point where Rancho Mirage is not supportive of this bridge so she will be able to get involved right away. Council concurred. Mr. Altman added that staff would set up a meeting with Rancho Mirage as soon as possible. Mayor Benson called for the vote. Motion carried by unanimous vote. X. NEW BUSINESS A. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets. 6 PRELLMLNAR'I `ENUTES REGULAR PALM DESERT Crr-OUNCIL MEETLNG FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • a • • • • • • • • • • • • • • 2. Federal Communications Commission (FCC) Comments Regarding the Cable Act of 1992. Mr. Ortega reviewed the report in the packets and offered to answer any questions. 3. KECY Switching. Mr. Ortega noted the report in the packets and the letter from Steve Merritt explaining how they corrected the recent switching problems. Councilman Snyder stated he had received a call recently from a couple who buy only Channels 2 through 13, the basic rate program. He said they were concerned that the switching of Stations 2 (KCBS) and 38 (KECY) and then possibly moving KECY to Channel 10, they would actually have three less channels to view. He asked if something could be done regarding this. Mr. Ortega responded that there were several issues that staff felt were franchise issues and which were being pursued with Colony. He said they had notified the City that 1) they were going to increase rates, 2) they were going to switch KECY from the Channel 38 alignment to Channel 10 and move CSPAN up. He said the City sent a letter back to them expressing concerns and requesting specific information. A response was received but staff felt it did not address those concerns. He said he believed they were franchise enforcement issues, and he said he would like to discuss those issues with the City Attorney. 4. Status of Multi -Agency Library. Mr. Ortega stated that the College had acted on an agreement that the City staff would be satisfied with and had submitted the additional information requested by the City. He added that the agreement should be before Council at its next meeting. 5. BLM Santa Rosa Mountains Scenic Area Visitors Center. Mr. Wohlmuth reviewed the staff report, noting that staff had been working with the Bureau of Land Management (BLM) for the past two years on the Visitors Center. He said in order for the BLM to proceed and go out to bid on the Center, it needs control of the property recently conveyed to the City by Westinghouse. He added that staff felt it would be beneficial for the City to donate the entire 6.8 acres, with the City to retain approximately six easements for information kiosks, entryway sign pad, and golf cart/pedestrian trail. He offered to answer any questions. XL CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF THE CREATION OF A SOFTBALL -ORIENTED SPORTS COMPLEX TO AUGMENT EXISTING VALLEY RECREATIONAL FACILITIES AND ATTRACT VISITORS TO THE AREA (Continued from the Meetings of December 17, 1992, and January 28, 1993). Mr. Shillcock reviewed the staff report, noting that a meeting was held with the Board of Directors of Portola Country Club to review the site plan and discuss residents' concerns about lights, noise, security, and traffic. He said he had invited representatives to visit the sports facility in Redlands to see what had been done with the lighting at that facility, and Portola Country Club representatives had agreed to do so. He reviewed his report entitled "Proposed Business Points" regarding the land lease and construction financing. He noted that the project had been presented again to the Promotion Committee, Economic Development Advisory Committee, and Parks and Recreation Commission, and all had been very supportive and felt it would be a good project for the City. In addition, the project had been fully reviewed by the Finance Department and Redevelopment Agency staff. 7 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Shillcock said staffs recommendation was that Council approve the project as presented and direct staff to prepare the ner"ssary agreements and schedule required hearings to move this project toward implementation stage. MR. RON ODEKIRK, developer of the project, stated that this would be a first-class and world -class facility that the City would be proud of. He said it would command attention in the media as the most outstanding sports park anywhere. He added that it would be a family -oriented project and that poor behavior and language would not be tolerated at the facility. MR. RICK ODEKIRK added that there would be rules against profanity, arguing, and fighting on the fields. He said there would be no beer allowed to be taken out of the restaurant area, and no beer would be allowed to be purchased by persons before they play a game; however, people could go and purchase beer after the game while eating pizza, etc. He added that he had already been approached by organizations all over the country who want to come to the Valley for tournaments, and they had projected approximately 25 tournaments to be held the first year. MS. GAIL DAVIS, 5 Big Sioux Road, Rancho Mirage, spoke as the team coordinator for the Roadrunners, a fast -pitch girls' softball league. She said this sport would be an event in the next Olympics, and she felt this would be a very good facility to have in the City. MR. STAN GODEK, 42-660 Wisconsin, stated he was a softball manager and player and was in favor of having this facility in the City. MR. DUANE BOCKMAN, 129 Vista Monte, Palm Desert, said he had a 13-year old son who was very interested in sports. He said he would like to see this facility become a reality and felt it would help our youth stay off the streets. MS. MEG FIRESTONE, Neil's Apparel, spoke in support of the project ,noting that she felt it would help the merchants on El Paseo. MR. BILL KANADY, Holiday Inn Express, said he felt this would bring tourists into the City, and he said he was impressed with the project. A lady who resides at 74-200 Goleta addressed Council and stated her daughter, a sophomore at Palm Desert High School, played on a European softball team this summer She felt the facility would give kids a place to go. MR. PAUL CAMPBELL, 73-910 El Paseo, spoke as a member of the City's Promotion Committee and said he would support the project. He added that this would bring people to the Valley on a year-round basis and said he felt this was a good location for the facility. MR. TOM WALKER, 78-365 Via Sevilla, La Quinta, spoke as a softball player in support of the project. MR. DON JOHNSON, 76-896 New York Avenue, Palm Desert, spoke as past President of the Palm Desert Youth Sports Organization in support of the facility. MS. KAY WELLER, General Manager of a destination management company, 72-261 Highway 111. She said her firm is contacted by meeting planners all over the world to propose, plan, and execute special events, tours, transportation, etc. She said she felt this facility was something that would help attract visitors to our area instead of places like San Diego and Phoenix. MR. KERMIT MARTIN, Southern California Edison, 45-875 Del Coronado, stated that Mr. Dave Tschopp, Chairman of the Economic Development Advisory Committee, had asked him to convey to the Council that the 8 PRELBID" ARY MLNUTES REGULAR PALM DESERT CT COUNCIL MEETLNG FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • s • • • • • • • • • • • • • • • • Committee had reviewed the project at least twice and felt this would be a unique facility that would meet some of the recreation needs and attract visitors to the Valley. He added that the Committee voted to recommend this project to the Council as an economically viable project. Councilman Wilson expressed concern with the financial aspects of the project and asked whether the similar project in Sunnyvale had penciled out for them, whether it was financially feasible, and whether the City of Palm Desert would be sticking its neck out on this business venture as recommended by Mr. Shillcock. Mr. Ortega responded that the Sunnyvale project was much larger and had 10 fields; however, staff had discussions with the owner who indicated that it is a profitable venture. With regard to the proposed project, he said if the developer operates the facility as they propose and if it is built and people come, it will be successful. With regard to the proposed City loan to the developer, he said there is a risk to any private venture, and the City needs to decide an appropriate interest rate to charge for that loan. He said one of the benefits of the project would be in tourism because the visitors would stay in hotels and purchases in the City. He said there would be an increasing amount of not only revenues but in percentages as the various benchmarks are attained by the project. Councilman Wilson asked whether Mr. Ortega was satisfied with the developer's counter proposal as noted on the 'Proposed Revenue Generation Summary" in the packets, and Mr. Ortega responded that he was. Mayor Benson called a five-minute recess at 5:30 p.m. and reconvened the meeting at 5:35 p.m. Upon question by Councilman Crites relative to comments from Portota Country Club, Mr. Shillcock responded that staff and the developer had met with residents twice to discuss the project and their concerns. He said he had not requested written comments because he wanted representatives to see the lights at the Redlands facility; however, staff felt comfortable enough to recommend moving forward with the scheduling of the ne c .s ry public hearings. He added that he hoped to have residents' concerns mitigated prior to the public hearings. Councilman Crites asked what would happen if the Council approved the project now and then in two months many people are opposed to the facility. He asked whether the City would be able to then say it would not go forward with the project. Mr. Altman stated that Council's approval would be contingent upon the project going through the public hearing process; the City would not be an the hook" until that process is complete. Mr. Shillcock added that if there is to be an outcry because of something that comes out of the public hearing process, staff would try to make certain that those concerns are mitigated. Upon question by Councilman Crites, Mr. Shillcock responded that the developer would be putting S 1 million into the project, and those funds are completely unsecured. He said the City has ownership of the property and would have a lien on the improvements. If the developer defaults on the loan payments, the City would take over. He added that the documents had not yet been prepared but that staff would make use of as much legal expertise as possible to make sure the City is protected. Mr. Ortega added that there would be several attorneys working together on the documents to make sure the Redevelopment Agency's money is protected. He added that there are still a lot of negotiations to take place before the final documents are prepared. Councilman Wilson asked whether the Council was being asked at this time to approve the agreement and the project subject to 1) its approval through the public hearing process and 2) the City's and Agency's satisfaction with the legal documents still to be prepared. 9 PRELLMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Shillcock responded that staff was asking the Council to approve the concept, the site, and the key business points; staff would then go back and have the attorneys draw up the legal documents to cover those points and put in all of the appropriate provisions. Councilman Kelly stated that he would want to be sure the developer was not borrowing the $ 1 million to put into the project, and Mr. Ron Odekirk stated that the funds were in the bank. Mr. Ortega stated that all concerns could be conditions placed within the agreement, including that the developer provide documentation from a bank indicating that the funds are there. Councilman Kelly stated there was no doubt in his mind that these types of facilities are very successful and will be used and that people will come from other places outside of the Coachella Valley. However, he said he did not understand why the City would not get a percentage of' the gross income at the beginning or why, with the City putting in the land and $2.8 million, the lease would be at zero dollars for the initial five years or until a gross income of $2 million is achieved, whichever is first. He said he felt there should be some kind of projections as to how soon the project would reach the $2 million point. Mr. Ron Odekirk stated that the City would receive interest on the $2.8 million loan from Day 1 of disbursement and that the $2 million should be reached by the third or fourth year. Mr. Jim Hilkemeyer discussed the financial aspects of the project and offered to answer any questions. Councilman Kelly stated that the project up north had promotion deals with local hotels, and they got 10 % of the revenues of the hotels, which provided additional income to the project. He asked whether it was legal to ' include in the contracts a requirement that package deals use hotels in Palm Desert. Mr. Erwin responded that this was something that could be put into the contracts. Mr. Ron Odekirk stated that from a developer's point, he would be very agreeable to have host hotel arrangements. Councilman Kelly asked what would happen if the State comes after Redevelopment Agency funds and takes another $3 million and whether this project would jeopardize some of the other projects that are near and dear to the Council's hearts. Mr. Ortega stated that staff is working on a loan between the City and the Agency to make sure that does not happen. Councilman Kelly verified that Page 1 of the Proposed Business Points should show "Zero to 1.8 million at the interest rate of 5.5%" instead of 'S1.0 to 1.8 million". Mr. Ortega agreed. Councilman Kelly asked whether the facility would be adequate to provide a lunch location for service clubs such as Rotary and how many people it would hold. Mr. Ron Odekirk responded that it would hold approximately 150 people. Mr. Rick Odekirk added that he would be happy to work out these types of events and was also very involved with Southwest Community Church and would be working with them on similar functions. Councilmember Benson asked whether the proposed facility would use the entire 20 acres, and Mr. Odekirk responded that it would. She expressed concern with possible future expansion to six fields and asked who would finance that. In addition, she said the Sunnyvale facility made the money from the concessions and not from fees for the people coming in; she asked what kind of concessions would be at this facility to generate money to make a profit. She also expressed concern with the location and asked the price of 20 acres of land in this area. Mr. Ortega stated that the land was zoned Open Space and granted to the City as Open Space. As such, it would be hard to determine the price because it would be difficult to determine for what other uses it could be converted, providing the donor agreed it could be converted to other uses. He added that there was multiple residential to the west and industrial around it. 10 REGULAR PALM DESERT Cr-v COUNCIL MEETLNG FEBRUARY ZS, 1993 • • • • • • • • • • • • 1 • • • • * • • • • • • • • • a • • • • • • • • • • • • • • • Mr. Altman added that with regard to expansion, the developer had agreed that they would buy the land if there is to be an expansion. Mr. Shillcock stated that they were not proposing a Phase I and a Phase II and that this facility would be a project that would stand alone; however, there was land available to both the west and south of this project if there is to be an expansion. Mr. Ron Odekirk stated that they had withdrawn their request and discussion about a second phase because it would complicate the issue and staff felt this project should work on its own. He said they had discussed with staff that if the project is as successful as they expect, the City would be interested in helping acquire land for the second phase. He said they would eventually have to acquire land to build three more fields to make it as successful as it should be; however, he assured Council that they would not build more than six fields. Councilmember Benson said another concern she had was with bringing in the outside leagues from all over the United States to play. She said all of the letters of support were from our own local leagues, and she wondered if they would be aced out of playing in this facility. Mr. Ron Odekirk stated that there would be no outside leagues during the week and that there would always be room for the local league play and the youth during the week. Councilman Crites asked whether there were documents prepared that set forth over the 30-year term the percentage of time the facility will be available for local teams and percentages in terms of time of day and the cost to play. He said he would not want to see it get to the point where it is too expensive for the local teams to play in this facility. Mr. Shillcock stated that there were no documents to show that but said the issue had been discussed. He said part of the concept was to provide a service to the Coachella Valley and the people who live here, and part of providing that service was to have special rates for people who live and play here. Councilman Kelly asked if there was going to be a charge for everyone coming through the turnstile. Mr. Ron Odekirk responded that there would be a charge but that each person would receive a token that is redeemable at the concession stands. He added that they would start at $ 1.00. Councilman Wilson stated he bad been sold on this project for quite some time and had felt more comfortable since Mr. Ortega had become involved in the negotiations. He said the fact that the City would continue to own the land and the entire complex in 30 years if it wants was a real plus. Another plus was the fact that this is not some out-of-town developer coming in with some scheme; it is a local resident and someone the Council has seen develop quality projects in our community. He added that he felt the project would be another jewel in the crown of Palm Desert. Councilman Wilson moved to, by Minute Motion, approve the proposal and direct staff to draw up the appropriate legal documents and immediately start the precise plan process and take it through the public hearing process. Upon question by Mayor Benson, Mr. Ron Odekirk responded that they would run and manage it themselves and not leans it out to anyone. Upon question by Councilman Kelly, Mr. Odekirk agreed to work with the Palm Desert hotels for the packages. Councilman Snyder seconded the motion, and it carried by a 4-1 vote, with Mayor Benson voting NO. 11 MTht TES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • B. REQUEST FORAPPROVAL, OF CONTRACT FOR ADDITIONAL SERVICES WITH BARRY GOODMAN REGARDING PEOPLEMOVER SYSTEM FUNDING APPLICATIONS (Continued from the Meetings of January 14, January 28, and February 11, 1993). NOTE: This itan was considered at the 7:00 p.m. portion of the meeting. Mr. Ortega noted the status report in the packets from Mr. Goodman. MR. BARRY GOODMAN reviewed his report, noting that the People Mover system would have to be part of and potentially integrated with any regional transportation system here in the Coachella Valley, that it would have to have strong local support from the City of Palm Desert, and would have to have strong private developer support in the form of donations of funding and property in order to pass muster when looked at by Federal agencies. He said that for every project that receives Federal funding, it must be part of the local, regional and State Transportation Improvement Program. That means it would have to gain initially from the Coachella Valley Association of Governments (CVAG), then the Riverside County Transportation Commission (RCTC), Southern California Association of Governments (SCAG), and CalTrans prior to eligibility to receive Federal funding. He said the first step had been achieved in December, 1992, when CVAG's Technical Planning Subcommittee approved the project and recommended that it be forwarded through the other committees for consideration of placement on the Riverside County Transportation Improvement Program and then to be forwarded to the State for consideration of placement on the State TIP. He said this was a complicated program that had evolved out of the ISTEA legislation enacted by Congress in December, 1992, which had created a complex set of rules to be followed and complied with in order to qualify for Federal funds. He added that there was an abundance of Federal funding available not only for this project but almost any other worthwhile public tranaportaticn improvement that would make sense for the City of Palm Desert and any other city in the cotmtry; getting the money was another matter. He said he felt the City had an excellent chance to gain a substantial amount of Federal money to build the initial phase of this system because Palm Desert has ingredients that most other cities in the nation do not have: 1) a significant amount of local support, 2) a significant amount of local development support. He proposed to continue to represent the City of Palm Desert through the local, regional, and State process. Councilman Wilson stated that concerns that had been raised were that a number of the steps outlined in the report seemed to be things that could be done by City employees, thereby cutting back on some of the expenses for the application process. He said there was a lot of confusion right now on how to qualify for the CMAC and ISTEA funds, and he said he felt we might need to back off and wait until RCTC, SCAG, CalTrans, and the State of California come up with an answer on how they will administer those funds, what will qualify, and what will not qualify. He said there were Council representatives on both the RCTC and SCAG Boards, and the question raised when this first came to Council was whether this was something these agencies might be able to do to help facilitate the process at this level and then use Mr. Goodmsn's services later to get a package to go to Washington for additional support and backing. Mr. Goodman stated that the confusion over ISTEA was extraordinary, and he felt this was the time to take assertive action and forge ahead. He said the rules were constantly changing and evolving, and his firm was in constant commtmication with the rule makers, with the staff of C. ,i,.. on the Appropriations Committee. He said what he had expressed to Mr. Altman and to Mr. Ortega was that it would be difficult for City staff to keep up with the many changes. He added that where his firm could help the City is in cutting through the red tape that naturally evolves due to new legislation and confusion that exists among all the staffs of the different agencies. Mr. Ortega stated that staff was recommending that Council approve a contract with The Goodman Corporation in the amount of $ 18,000 for additional work required for the Peoplemover system funding applications and hold off on the preparation of the environmental a:.. which is the most expensive ($95,000) pending further recommendation. He said he and Councilman Wilson would be attending the National League of Cities meeting 12 REGULAR PALM DESERT Cr", COUNCIL MEETING FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • 4 • • • • • • • • • • • • • • • in Washington, D.C., and Mr. Goodman had agreed to set up a meeting with an Associate Administrator for Technology and Development of the Federal Transit Administration to see if this is really a viable project. Mr. Goodman responded that his company had already spent much more than that amount for the many times he had been to Palm Desert to assist the City. He said this report had cost the company over $50,000. He said what he had agreed to do for Mr. Altman and Mr. Ortega was to give them a minimum travel and hourly expense budget to make several trips to key meetings and to develop documents to get through the local and regional Transportation Improvement Programs, and the resources spent on the project had already gone over what the Council was being asked to approve at this time. He added that the most significant hurdle was to get this project officially approved all the way up through the State Transportation Improvement Program; the environmental work would then be required before any Federal approval would take place. Councilman Wilson moved to, by Minute Motion, approve a contract with The Goodman Corporation in the amount of S18,000 for additional work required for the Peoplemover system funding applications, contingent upon the favorable outcome of a meeting in Washington, D.C., to be attended to himself and Mr. Ortega. Motion was seconded by Kelly and carried by unanimous vote. IIIII. OLD BUSINESS None XIII. REPORTS AND REMARKS NOTE: The following item were considered at the 7:00 p.m. portion of the meeting. A. CITY MANAGER NOTE: The following item was listed on an Agenda Addendum and posted 72 hours prior to the City Council meeting. 1. REQUEST FOR APPROVAL of Mayor Jean M. Benson's Travel to Atlanta, Georgia, on Behalf of the Palm Springs Convention and Visitors Bureau. Councilman Crites moved to, by Minute Motion, approve the request. Motion was seconded by Kelly and carried by unanimous vote. 2. CONSIDERATION of AB193 Regarding Prevailing Wages. Councilman Crites moved to place this item on the Agenda for discussion. Motion was seconded by Kelly and carried by unanimous vote. Mr. Ortega stated that the City had been asked to support a bill that would authorize the City Council to exempt itself from paying prevailing wages when baaicslly only local funds are involved. He said charter law cities now have that ability, and the bill was introduced by an Assemblyman in San Diego who was requesting that it apply to general law cities as well. He added that this may be controversial, and that is why staff was requesting a specific .. ..,.. —dation from the Council as to whether the City would support the bill. Councilman Wilson moved to, by Minute Motion, support AB193. Motion was seconded by Snyder and camed by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • B. CITY ATTORNEY Mr. Erwin requested a Closed Session pursuant to Government Code Section 54956.9(b), potential litigation (Ms. Kathy Monroe), and 54956.8, Acquisition of Real Property (Allred and Kyser, Portola/Alessandro). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. c&nejskagon of Recognizing the Many Contributions of Mr. Ernest W. Hahn by Naming the New Civic Center Amphitheater in his Memory. Councilman Snyder moved to, by Minute Motion, name the new Civic Center Amphitheater for Ernest W. Hahn to recognize his many contributions to the City of Palm Desert. Motion was seconded by Snyder and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Kelly stated that Sunline has a Line 7 that goes up Highway 74 and to The Living Desert, etc. He said Board took action on February 24th to eliminate that line because it cost so much per passenger that it was ill-advised for him to fight the Board to keep it operating. He added that he had asked that Sunline make a special effort to have a representative go with him to Silver Spur and Indian Springs to meet with those residents and explain how Dial -A -Ride operates. XIV. ORAL COMMUNICATIONS - B None Mr. Altman introduced ..,..lives from Palm Desert's Sister City in Osoyoos, British Columbia, Mr. and Mrs. Locke Miles. Councilman Crites also introduced a visiting official from the City of Owenaville, Missouri, his stepfather, Walter Eikmann. Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Beason recessed the meeting at 6:25 p.m. for dinner. She reconvened the meeting at 7:15 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Items Held Over include Continued Business Item B, Reports and Remarks, and Coolest Calendar Item H. See those sections of the Minutes for Council won and action. XVI. ORAL COMMUNICATIONS - C MS. MARIE BEFELD addressed the Council and asked what the City's plans were with regard to building some bridges over the washes. Mr. Folkers responded that at the 4:00 p.m. portion of the meeting, the Council gave approval for staff to begin engineering for a bridge on Monterey Avenue to be similar to that on Bob Hope Drive. He said it would be funded jointly with the Coachella Valley Association of Governments and the City of Rancho Mirage. He added that under the most favorable of conditions, it would take approximately a year to complete. Councilman Crites added that several years ago the City tried to build a bridge on Monterey Avenue but that the City of Rancho Mirage was not really interested in it and turned us down. 14 REGULAR PALM DESERT Ct"Y COUNCIL MEETING • • • • • • • • • • • • • • • • • • • • • • • • • • • FEBRCARY :S, 1993 • • • • • • • • • • • • • • • MS. BERN SCHWENN, 74-075 Mockingbird Trail, said she felt just one bridge would be sufficient and expressed concern that building bridges over all of the washes would cause Palm Desert to be cut off in the event of a major earthquake. MR. BOB ARMOUR, 74-745 Leslie, Palm Desert, asked for clarification of a culvert style crossing versus a bridge. Mr. Folkers responded that the cost for the 14-foot structure at Cook Street would be approximately 52 million, while a bridge would cost approximately 57.5 million. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS MR. DOUG SIMMONS, General Manager of the Palm Desert Town Canter and Chairman of the Sister Cities Committee, stated that the Sister Cities Committee had commissioned the painting of Palm Desert's Sister City Osoyoos, British Columbia. He presented the painting to the Council on behalf of the Committee and introduced the former City Manager, Locke Miles, and his wife. A. APPOINTMENT TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE. Councilman Snyder moved to, by Minute Motion, appoint Mr. Doug Simmons to the Economic Development Advisory Committee to fill the vacancy created by the resignation of Diane Cox. Motion was seconded by Kelly and carried by unanimous vote. B. APPOINTMENT TO THE EL PASEO BUSINESS ASSOCIATION BOARD. Councilman Wilson moved to, by Minute Motion, appoint Mr. Robert Mayo, Jr., to the El Panto Business Association Board to fill the vacancy created by the resignation of Kathy Mancuso. Motion was seconded by Kelly and carried by unanimous vote. XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF CHANGE OF ZONE, PRECISE PLAN OF DESIGN, TENTATIVE PARCEL MAP, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 226,790 SQUARE FOOT RETAIL/COMMERCIAL CENTER AT THE NORTHWEST CORNER OF COUNTRY CLUB DRIVE AND COOK STREET, Cook Partners Limited Iartuserahio. Case Nos. C.0 92-4. PP 92-6 PM 27400 (Continued from the Meetings of November 12 and December 17, 1992, and January 14, 1993). Mayor Benson ann , , ,1 that a committee had been formed consisting of herself, Councilman Kelly, and staff to meet with I. , , . , of the various complexes ,,..,, . , .C'., g this proposed development. One meeting had been bead, and the developer had been out talking to the various groups. She said the developer had requested a two -week continuance of this item, which would probably be granted by the Council. She added that the Council would prefer if anyone wishes to speak that they wait until the next meeting to do so unless they will be unable to attend. Mayor Benson rated that the public hearing was still 4ffil. MR. BERNIE LIPOFF, 76-557 Daffodil, Palm Valley Country Club, said he had been advised that his homeowners association had taken a strong position of "no position'; however, he said there were some residents who do wish to be heard and asked that the developer contact him or Ms. Carol Fulton to arrange a meeting. Mayor Batson stated that the next meeting of the Committee was scheduled for March 2, 1993, at 2:00 p.m. in the Council Chamber, and she invited him to attend. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DR. ISAAC JAKUBOWICZ, a Pediatrician and resident of Desert Falls, stated that most of the residents were not informed before January, 1993, that this was before the Council to be voted on. He said they would have their annual meeting on Saturday with the new Board of Directors to be voted in. He added that he had serious objections for many reasons. Councilman Wilson asked whether it would be possible for the developer to appear at the annual meeting on Saturday and show the people who live there what is being proposed. Dr. Jakubowicz responded that with the election and wanting to know the results of the vote the same day, there would be no time at the meeting for such a presentation. MS. BARBARA HASSEN, 238 Desert Falls Drive, added that the upcoming meeting at Desert Falls was an annual meeting with a new board coming in. She said no one would have the authority to make any decisions, and any diacuasions other than the actual election would not be appropriate at that meeting. MR. TIM CULLEN, 76-687 Begonia Way, Palm Valley, said this was the first he had heard of this project and that no one had approached his homeowners association. He recommended that the 2:00 p.m. March 2nd meeting be continued until 7:00 p.m. so people can come and voice their concerns. Mayor Benson responded that the purpose of the committee meetings was to identify the concerns and address them at the public hearing. She added that individuals who are not able to attend the meetings could submit concerns in writing to the committee. MS. VIVIAN VANNER BOWMAN, 732 Vista Lego Drive, Desert Falls, asked why an Environmental Impact Report was not done for this project. Mr. Drell responded that the Valley was somewhat unique relative to other geographical areas. He said the environment of one piece of sand dune was very similar to the environment of another piece of sand dune. Extensive biological studies had already been done on previous projects in this vicinity (i.e., Desert Falls, the Marriott, The Lakes, etc.) and the City knows what most of the typical environmental impacts are; those mitigation measures are incorporated into the project. He added that the one thing we do not typically know is the traffic impacts; therefore, traffic studies had been done for thia project, and specific traffic improvements were ..Jed to be included in the project. MR. CHARLES PERRONE, 374 Oakmont, Desert Falls, asked what the present zoning was for this property. Mr. Droll responded that it was currently PC-2 which is district —.,. .,, ;a1 for supermarkets, etc. He added that it had been so zoned since before Desert Falls, The Lakes, and the Marriott were built. Mr. Perrone asked what it would take to zone it back to residential. Mr. Drellresponded that as far as he knew, it had never been zoned residential, and it would take action by the Council to do so. Dr. Jakubowicz stated that it was his understanding that part of the project was to rezone 5.7 acres that are currently zoned residential. Mr. Drell responded that that was correct, and if the rezoning is not approved, the project could be redesigned to fit into the 20 acres. MS. MARLENE PEISKOFF, Desert Falls, read a prepared letter expressing her concerns about the Toss of property values. MS. NITA NIEWALD, Desert Falls/Courtyard, objected to the movie theaters and the sports bar. She was also concerned about violence increasing because of this project. 16 t'1 LLL`1LNARI tiiLtil,TES REGULAR PALM DESERT Cr COUNCIL MEETLsiG FEBRUARY 25. 1993 * * • * • • • * • • • • s • * • • • • • • • • • • • • • • • • • • • • • • • • • • • • MR. FRED IACOBUCCI, 100 Sarona Circle, Desert Falls, asked whether the developer would be within the guidelines of what he could do if he were to go back to the original design of the shopping center at Cook/Highway 111. Mr. Drell responded that the developer would still have to go through the hearing process as far as the design, etc. Mr. Iacobucci said he felt a shopping center was needed but that it should be something that is in good taste, and this particular center would not fit in with the neighborhood. MR. LEONARD NIEWALD, Desert Falls, said The Lakes people had said this matter had been removed from tonight's agenda, and he asked if it were true. Mrs. Gilligan explained that the City had received many telephone calls earlier in the day, and staff had informed the callers that in all likelihood the matter would be continued to the meeting of March 11, 1993, at the request of the developer. Mr. Perrone expressed concern that the development would cause gang violence. Councilman Snyder stated that a meeting was scheduled for Friday, February 26th, with members of law enforcement to discuss such topics as gangs, etc. He invited Mr. Perrone to attend the meeting and be heard. With no further testimony offered, Councilman Wilson moved to continue this matter to the meeting of March 11, 1993. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. REQUEST FOR ApPROVAL OF PREANNEXATION ZONING OF AT LEAST 394 ACRES TO OPEN SPACE AND 246 ACRES TO HPR/PCD AND ZONE CHANGE FOR 54 ACRES TO HPR/PCD. THE PCD IS REFERRED TO AS THE CREST" AND CONSISTS OF 185 MAXIMUM NUMBER OF LOTS ON 640 ACRES NORTH OF THE UNINCORPORATED CAHUILLA HILLS AREA AND 54 ACRES OPPOSITE THE SOMMERSET CONDOMINIUMS, Miller/Richards Partnershin . An nlicant (Continued from the Meeting of February 11, 1993). Mr. Joy reviewed the staff report, noting that staff was reluctant to recommend additional units and would prefer to leave the project at 104 units. Mayor Benson noted the public hearing was still gpsia and invited testimony in FAVOR of this project. MR. EUGENE GERITZ, 2505 Ardath Road, La Jolla, gave a slide presentation for the benefit of Councilman Crites, who was out of the country in November when the slides were first shown. He stated that Council, at its November 12th meeting, had approved the project with a cap of 104 units; the developer was now requesting that the Council reconsider this cap and increase it to a maximum of 185 units. He noted that each of the homesites would come back for consideration and review to ensure compliance with City standards. MR. WARREN THORESON, 315 Apaloosa, Treasure of St. Margaret's Church, spoke in support of the project. MR. ROBERT RICCIARDI, 75-090 St. Charles Place, Suite A, spoke in favor of the project, noting that the developer will only use about 76 of the 300 acres, or about 20 % of the land, and the remainder would stay as natural environment. He said he felt it would encourage other developers to do similar projects. DR. JERRY MEINTZ, 71-450 Painted Canyon, Cahuilla Hills, stated he had lived in this area for the past 20 years and had property adjacent to the proposed project. He said he had been mostly opposed to projects in the Cahuilla Hills that have lots of golf courses, green grass, and condominiums all strung together. He said he was 17 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 one of ten Cahuilla Hills residents who would be able to view the proposed project from their homes. He noted he was strongly in favor of the project now for the following reasons: 1) no hilltop construction; 2) probably the most ecologically protected development ever to be proposed in the desert; 3) only 20% of the 695 acres would be used; 4) no golf course was being proposed, and it would have only a minimal recreation site; 5) it would enhance the value of the community. He also expressed concern that the project be kept under the auspices and purview of the City of Palm Desert. MR. RICHARD HOWARD, stated he owned eight acres at the base of this project and that he was also representing Mr. Jay Clem, also owner of eight acres, both properties adjacent to the Storm Channel He said they had concerns about noise, traffic, etc., but all of the concerns had been addressed. He added that they had a lot to gain from this project, including better access for emergency services. He agreed with Dr. Meintz and said he was concerned that if this project is not approved, it might go to another jurisdiction. MR. BILL INFANTE, 48-600 Coyote Grove, said he had been in Palm Desert for 21 years. He thanked the Council for the way it had developed the community and for being concerned about what development takes place. He said he was chairman of the road committee in Cahuilla Hills and that his biggest concern over the years had been the road situation and that his understanding was that the developer had agreed to improve the roads. Mayor Benson invited testimony in OPPOSITION. MS. JOAN TAYLOR, 1800 S. Sunrise, Palm Springs, spoke on behalf of the San Gorgonio Chapter of the Sierra Club which she said comprised Riverside and San Bernardino Counties. She said construction of the Ritz Carlton Hotel had increased the Big Horn Sheep use above the proposed project, and she was opposed to it because of its impacts on the Big Hom Sheep. She said she believed The Crest was mountain development and urged the Council not to approve the requested additional density. MR. KEN GLASSMAN, President of Friends of the Environment, read a prepared statement in opposition to the project. He expressed concern for the Big Horn Sheep and felt 185 units was too intense for the mountains. He asked that Council adopt the Ordinance approving a maximum of 104 units. He also asked that the Open Space designation be changed to Natural Open Space. In addition, he suggested that the project not have just a Conservancy easement owned by the developer but that title to the land be transferred to the Mountains Conservancy. MS. BERN SCHWINN, 74-075 Mockingbird Trail, Indian Wells, said she was also opposed because of the project's impact on the sheep, the severe impact of the night lighting, and the increased traffic on Highway 74. MS. MARIE BEFELD, Quail Trail, Palm Desert, agreed with staff that the project should be limited to a maximum of 104 units. Mr. Geritz responded to several of the concerns raised: Area designated as Open Space will be given to the City of Palm Desert, and there will also be an Open Space easement which will be granted to the Coachella Valley Mountains Conservancy. Because they were equally concerned, the documents before Council set specific limitations as far as to what use will be allowed for the Open Space. With regard to comments on the area of deficiency on the Big Hom Sheep, he said from the review of the Environmental Impact Report, no sheep had been observed on the site. Night lighting was an issue addressed in the Environmental Impact Report, and there are very strict instructions about such lighting. 18 REGULAR PALM DESERT C'Y COUNCIL MEETING • • • • • • • • • • • • • • • • • • • • • • • • • FEBRZ ARY 25. 1993 • • • s • • s • • • • • • • • With regard to traffic, a very detailed traffic study had been done as part of the Environmental Impact Report, and it was found there would not be any impacts. DR. ISAAC JAKUBOWICZ, 142 Desert Falls Drive, asked whether an ecological impact report had been done on the project. Mr. Joy responded that the Environmental Impact Report was certified on this project at the November 12th meeting. Mayor Benson declared the public hearing glossi. Councilman Crites stated that the project was opposed by the Coachella Valley Mountains Conservancy mostly because this is not going on the Valley floor. He disagreed with the developer about the unclarity of the County and said a letter had been sent from the Interim Planning Director indicating that the County would allow a maximum of 80 density units. He said he agreed that the City must be fair to the land owner, and the Council had already approved a maximum of 104 units. He said he felt everything the City had done in the past had been fair without encouraging further development, and be added that he would vote against the increased density. Councilman Wilson said this was a very difficult decision. He said he felt the developer/land owner should be commended for bringing forward a very environmentally sensitive project and for doing something the Council encourages all developers to do — get out in the neighborhood and sell the project. He felt another desirable aspect of this project was the fact that the developer is willing to put in infrastructure that will serve the existing neighborhood as well as the development. He said there had been compelling argument in favor of granting the request; however, there had also been compelling argument to leave it at a maximum of 104 units, including from City staff, the Mountains C. , , . , etc. He added that he was lasing strongly toward supporting second reading of the .. . to hold the density at 104 units. Councilman Snyder stated the Council needed to determine what is bat for the City and this area. He said that 80% of the 695 acres would remain as pristine land, and be felt it was time the Coachella Valley Mountains C . j looked at this for the future. He said be felt this was a vital program that would be the envy of the Coachella Valley while still protecting the hillsides. Councilman Snyder moved to waive further reading and pass Ordinance No. to second reading, setting a maximum number of units at 185 for 'The Crest' PCD zoning. The motion died for lack of a second. Mayor Beason said she felt the developer had dose a good job in trying to sell the project. She said she was not in favor of it at 104 omits, was very much against any hillside deveiopment, and could not support 185 units because she did not think it was necessary. She added that although she did not like the 104 units, sbe would go along with it hedonist it bed already been approved by Council. Councilman Wilson moved to waive further reading and adopt Ordinance No. el, approving a PCD/HPR prezoning for a maximum of 104 units sad 394 acres of open space. Motion was seconded by Crites and carried by a 4-1 vote, with Councilman Snyder voting NO. C. jiEOUEST FQJt APPROVAL, OF BLACK RABBIT ROAD/OLD PROSPECTOR TRAIL AND BLACK RABBIT ROAD/COVERED WAGON TRAIL TRAFFIC PLAN. Mr. Pothers noted the report in the packets. MR. SEYED SAFAVIAN, Associate Transportation Engineer, reviewed tbs staff report, noting that the . , , , , . —led Jed plan had been endorsed by the Technical Traffic Committee and was the resat of discussions and review of the options available as part of an overall traffic msmagement plan for this area. He noted that a meeting had been held at Hope Lutheran Church with approximately 30 residents to discuss the various options. As a result of the meeting and vote of the residents, staff developed the plan outlined in the packet. 19 MT'L'TES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Benson declared the public hearing men and invited testimony in FAVOR of this request. MR. TODD WEBER, representing the City of Indian Wells, 44-950 Eldorado Drive, stated that City residents came to Indian Wells with a proposal to close Mockingbird because of a complaint about overburdening of traffic on that street and people cutting back and forth from Deep Canyon and Portola instead of staying on the major arterials of Fairway and Highway 111. He said a feasibility study was conducted and a public hearing held; at the request of Palm Desert City Manager Bruce Altman, the matter was delayed for a month so that the City of Palm Desert could look at the situation and see if perhaps the two cities could work together on a solution. Staff of both cities agreed with the recommendations as outlined in the report instead of closing off Mockingbird Trail and rerouting that traffic on Setting Sun and placing the entire burden on that street. He closed by thanking Paim Desert stab for their cooperation in this matter. The following individuals spoke in FAVOR of the staff recommendation: MR. DAVID FLETCHER, 74-095 Covered Wagon Trail. MR. MARTY BERRY, 74-225 Covered Wagon Trail. MR. JACK HENNESSEY, 74-399 Old Prospector Trail. MR. KEN WATERS, 74-305 Covered Wagon Trail, .1 concern with delayed response time for emergency vehicles. With regard to the meeting held with residents of the area at the Hope Lutheran Church, he said he disagreed with the consensus as reported by Mr. Safavian; it was his understanding that the consensus was that residents were in favor of the blockage on Black Rabbit between Covered Wagon and Setting Sun. Mr. Weber stated as a point of clarification on the number of residents on Mockingbird, he showed 18 homes and, as of the last vote taken, 13 were in favor of a cul-de-sac, 13 in favor of this compromise. MS. MELANIE CALLENDAR, 74-125 Mockingbird Trail, Indian Wells. MR. CHARLES FRANCIS, 74-060 Mockingbird Trail. MR. JERRY SIMS, 74-171 Covered Wagon Trail, said he agreed with the recommendation in theory but suggested that the barrier be moved instead to the property line. Mr. Safavian . , r . .1 that this suggestion had been discussed and that the option was available with no adverse Councilman Kelly stated if that option were used, that would leave everyone on Old Prospector and Covered Wagon with good . , ; . , . Mayor Benson invited testimony in OPPOSITION to this proposal. The following were opposed because of inconvenience as far as residents having to go so far out of their way to get where they need to go: MR. NEIL LINGLE, 74-075 Covered Wagon Trail, said he felt this wu just a 'bandaid' approach. He said there had been some collisions and citations issued, but the number was not inordinate. He added that there was a Traffic Services Team here that could respond directly to some of those concerns, and he suggested that the City go in that direction first. MR. JIM HILL, 74-045 Covered Wagon Trail, agreed with Mr. Lingle. MS. BERN SCHWENN, 74-075 Mockingbird Trail, expressed concern with the possibility of reduced rr.r,n,e time for vehicles. MS. CHARLENE YOUNG, 74-080 Old Prospector Trail. MR. WALT WAGNER, corner of Black Rabbit/Old Prospector. DR. RICHARD BURKE, 74-155 Old Prospector. 20 REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 093 • • • • • • • • • • • 1 II • • • • • • • • • • • • • • t • • • • • s • • • • • • • • • MR. RUSS MARSHALL, 74-220 Old Prospector. MR. PRESTON HAWK, 74-200 Old Prospector. MR. GRAHAM INCH, 74-070 Mockingbird, Indian Wells. MR. DAVID FLETCHER, 74-095 Covered Wagon Trail, said although he had spoken in favor, he wanted to clarify that he was in favor of this alternative; however, he agreed with the opposition and said he would prefer to see it remain as it is now, and he asked that the City of Indian Wells leave it alone. With no further testimony offered, Mayor Benson declared the public hearing ,c1201. Council stounsataa bona: Wilson: Asked what would happen if the Black Rabbit/Covered Wagon barrier were moved down to the property line and the barrier at Old Prospector were removed and whether it would cause more traffic on Old Prospector. Mr. Folkers said he felt this would solve the problem of people cutting down Black Rabbit Road and may or may not cause a problem on Old Prospector. He said staff was a bit puzzled at this point because people at the meetings had indicated they had a real speeding problem on Old Prospector and now at this hearing the residents were saying they do not have a problem. Councilman Wilson stated that some of the Old Prospector people indicated they did feel it was s problem, and he suggested doing on Old Prospector what we did on Fairway, and that is to increase the number of stop signs to slow down its use as a thoroughfare. Councilman Wilson suggested that the barrier on Black Rabbit be moved to the property line as discussed for a 90-day trial period, that the other barriers be removed, that the situation be monitored closely, that another neighborhood meeting be held with residents of the Old Prospector area to see if there is a problem there, and then look at other alternatives besides the barriers. Crites: Felt it would also be worthwhile to have a meeting with residents on Mockingbird Trail and Setting Sun since these are the people who will now have to we Portola to travel east and to get back to their properties from the east. He agreed with a number of the readapts who preferred that it be left as it is. Uhl Felt Wilson's suggestion would solve a lot of the problem. Councilman Wilson asked whether anyone in the audieoce wished to address this , , , , . mi . which had not been discussed while the Public hewing was open. MS. BERN SCHWENN stated she did not think the residents would be violently opposed to it if they still had access through a pas, similar to what was done on Clancy Lana which they could go is an out of; however, as a Penasnu t beerier, they would be opposed. Mayor Beason asked whether it was legal to put a pte on a public street, and Coumcilmaa Wilson responded that it was his uode eta ding the gate on Clancy had to be removed because of the law. MR. HENNESSEY stated he was completely opposed to the suggestion by CAB because Old Prospector would take all of the traffic and become another Fairway. In addition, he felt property values would go down. MR. LINGLE stated he would not be opposed to trying this for 90 days but felt after that time input should be solicited from the people on Setting Sun. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 25, 1993 • . • • • s • • • • • • • • • • • • • • • • • • s • • • • s s s • • • • • • • . • • • • • MR. WEBER said he felt 13 out of the 18 residents on the Indian Wells portion of Mockingbird Trail would be in favor of moving the barrier to the property line. MR. WATERS said he was very much in favor of Councilman Wilson's suggestion and felt this was the original consensus from the meeting at Hope Lutheran Church. Councilman Wilson moved to, by Minute Motion, approve moving the barrier on Black Rabbit to the property line as discussed for a 90-day trial period, with the other barriers to be removed, and ask staff to monitor the situation closely and to keep tabs on changes in traffic patterns in the area. Councilman Kelly stated that there was concern by some citizens that he might have a personal interest in this area; therefore, he said he would abstain from voting. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Kelly ABSTAINING. D. REOUEST FOR CONSIDERATION OF 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Mr. Ortega reviewed the staff report and recommendation for distribution of the Block Grant Funds. Mayor Benson declared the public hearing Qgp and invited testimony in FAVOR of or OPPOSED to this request. MS. NORMA BRANSON, 81-291 Alberta, Indio, spoke as a representative of the FISH organization which applied for some of these funds. She said she was here to answer any questions and to find out what staff s recommendations are. Mr. Ortega stated that the FISH organization was considered to be a public service type of request under the CDBG regulations. Because the guidelines set a limit of 15% on public service projects, or $17,250, the City would only be able to fund two of the three requests at the most. He said the three requests received were from Family Service of Coachella Valley, FISH, and Shelter from the Storm. Staff recommended that Family Service of Coachella Valley be funded in the amount of $13,800, with the remaining amount to be given to FISH. With no further testimony offered, Mayor Benson declared the public hearing glosed. Councilman Crites moved to, by Minute Motion, approve staffs ., . .. Loon for use of 19th Year Community Development Block Grant funds and authorize staff to file an application for use of such funds. Councilman Kelly asked why staff was recommending the public service portion be split that way. Mr. Ortega responded that it was because HUD is going to impose a request that no funds less than $10,000 be awarded; even if we aplit it down the middle, it would not do any good. He said the thinking was that anything less than S10,000 creates more paperwork than the amount is worth. Councilman Kelly said he would prefer to split the funds and give Family Service of Coachella Valley and FISH each half of the $17,250. Councilman Crites agreed to amend his motion as stated by Councilman Kelly. Motion was seconded by Kelly and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D A gentleman from the audience addressed Council and said this was the first time he had witnessed democracy at the grass roots level. He said he was an American from a foreign country and that it was overwhelming to see this because 22 REGULAR PALM DESERT CI"' COUNCIL :FETING •. • • • • • • • • • • • • • • • • • • • • • • • • • • FEBRUARY 25, 1993 where he came from it was whoever had the power that pushes it. He said he was in contact with the people who own the property on Alessandro/Portola and had proposed to purchase it from them and make it a professional office. He said he understood the City would like to use part of that property to make it into a turning lane and reduce the bottleneck. He said this was okay with him and that he hoped it was okay with the property owners. He added that if he had to make the road improvements, the funds would run outside of the practical margin. XX. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session at 11:24 p.m. pursuant to Motion was seconded by Wilson and carried by unanimous vote. Mayor Benson reconvened the meeting at 11:34 p.m. and announced Council action taken on the following Consent Calendar item: H. CLAIM AGAINST THE CITY (#207) by Claude John Klug in the Amount of $12,120.00. Councilman Wilson moved to, by Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant Motion was seconded by Kelly and carried by unanimous vote. Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 11:35 p.m. ATTEST: SHEILA R. GILLI , CITY CITY OF PALM DESERT, C ( M. BENSON, MAYO1t 23