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HomeMy WebLinkAbout1993-01-14P+IINUTF.S REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p. m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson III. INVOCATION - Mayor Jean M. Benson IV. ROLL CALL E c= Councilman Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Ramon A. Diaz, ACM/Director of Community Development Richard Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Executive Director of RDA Paul Shillcock, ACM/Economic Development Director Paul Gibson, Finance Director/City Treasurer Frank Allen, Director of Code Compliance Dave Millheim, Human Resources Director John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MIMEEM of the Adjourned City Council Meeting of December 17, 1992 and Its R c L Jar City Council Meeting of December 24, 1992. Rec: Approve as presented. MIN L TES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 s s s s s s s s s s s s s s s* s s s s s s s s s s s s s s s s s s ... B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 28, 29, 30 and 31. Rec: Approve as presented. C. PRELIMINARY SCHEDULE OF INVESTMENTS as of December 31, 1992. Rec: Receive and file. D. MN= of the Regular Meeting of the Palm Desert Civic Arts Committee Meeting of November 9, 1992. Rec: Receive and file. E. REOUEST FOR RATIFICATION of Change Order No. 1 to Contract No. C05900. Rec: By Minute Motion, ratify Change Order No. 1 to Contract No. C05900 with Jordan Landscape in the amount of $1,480.00. F. REQUEST FOR APPROVAL to Enter into an Agreement with Muni Financial Services, Inc. for Landscape and Lighting District Administration. Rec: By Minute Motion, enter into agreement with Muni Financial Services, Inc. for landscaping and lighting assessment district administration in the amount of $ 16, 815.00 (Contract No. C07140) . G. REOUEST FOR APPROVAL to Enter into an Agreement for Monterey Avenue and State Highway 111 Intersection Capacity Improvement with the State of California Through the Department of Transportation, Agreement No. TSM/FCR05414 (Contract No. C07150). Rec: By Minute Motion, enter into agreement with the State of California for the subject project and authorize the Mayor to execute same. H. REOUEST FOR APPROVAL of Final Tract Map 27409 (Portola Palms Mobile Home Park Acquisition Association, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 2j approving Tract Map 27409. 2 REGULAR PAI11M1 DESERT CITY COUNCIL MEETING JANUARY 14, 1993 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4,• I. REQUEST FOR CONSIDERATION of PM10 Mitigation Plan Review and Inspection Fee. Rec: By Minute Motion, direct staff to schedule a public hearing for Thursday, January 28, 1993, for consideration of said fees. J. REQUEST FOR CONSIDERATION of Continued Staggered Hour Coverage for Hours of Operation at City Hall. Rec: By Minute Motion, direct staff to continue with staggered hour scheduling for coverage and continue the 8:00 a.m. to 5:00 p.m. hours of operation at City Hall. K. REQUEST FOR CONSIDERATION of Appropriation for "Living for Your 90's" Award. Rec: By Minute Motion, appropriate $435.00 to pay the City's share of the "Living for Your 90's" award. L. REQUEST FOR APPROVAL of Expansion of Contract No. C06771 with Barry Goodman for Additional Services Relative to the Peoplemover System Funding Applications. Rec: By Minute Motion, approve the expansion of Contract No. C06771 in the amount of $18,000 for additional work required for the Peoplemover System funding applications. Councilman Wilson asked that Items B, J, and L be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Mr. Erwin asked that Item F also be held for separate discussion. Upon motion by Kelly, second by Wilson, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None 3 MLNUTES REGULAR PALM DESERT CITY COUNCIL Rnr i.i 1G JANUARY 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * a a * * * * * * * * VDI. ORDINANCES For Introduction: A. ORDINANCE NO. 702 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES. Mr. Folkers reviewed the staff report and recommended speed of 55 miles per hour on Country Club Drive between Oasis Club Drive and Washington Street. Councilman Wilson questioned why this had to go to the County Board of Supervisors for approval before it came to Council. Mr. Folkers responded that the County previously had control of the area. Councilman Snyder moved to waive further reading and pass Ordinance No. 702 to second reading. Motion was seconded by Kelly and carried by unanimous vote. For Adoption; i A. ORDINANCE NO. 693 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRE -ZONING DESIGNATION OF OPEN SPACE, HILLSIDE PLANNED RESIDENTIAL AND PLANNED COMMUNITY DEVELOPMENT OVERLAY FOR A 104 UNIT MAXIMUM PLANNED COMMUNITY REFERRED TO AS 'THE CREST*. Mr. Diaz noted the request from Mr. Geritz to make a presentation to the Council to provide some additional information in terms of how the applicant proposed to develop the dwelling units with the ultimate objective of increasing the number of units from 104 to between 185 and 189. If Council agreed with increasing the number of units, additional action would be necessary, and he said he would inform the Council of what steps should be taken at that time. Councilman Wilson asked whether changing the allowable units would require a new public hearing, and Mr. Diaz responded that it would. Upon question by Councilman Crites as to whether staff had a recommendation, Mr. Diaz said staff would recommend that it be left at 104 units. MR. EUGENE GERIIZ requested that Council schedule a public hearing to reconsider the cap of 104 dwelling units placed on The Crest and instead place a cap of 185 units on the project. He said that with a cap of 104 units, they could not provide the quality environment that is critical to the success of the projct and which would allow them to meet the obligations they had entered into through the draft of the HPR/PCD text. He said he felt Council would 4 REGULAR PALM DESERT CITY COUNCIL MEETING JANLTA.RY 14, 1993 * * * * * * * * s * s s s * s s s s * s * s r * s * * s * s * be able to support the requested cap once it understands the safeguards that will be put in place, including the following: Based on the fact that the developer is coming forward with a PCD (Planned Community Development) combined with the HPR (Hillside Planned Residential), the project must be developed in substantial conformance with the development plan presented to the Planning Commission and City Council. The project must be developed in accordance with the detailed standards contained in the text. - The project as set forth in the test will be reviewed in increments with even greater detail to ensuring conformance with the master plan and the environmental concerns which have been identified. Mr. Geritz said they were not asking the Council for a gift of the 185 units but the right to prove on an incremental basis that their planning and development standards provide the necessary protection to properly accommodate 185 units in a manner that is environmentally sensitive and protects the site as it should be protected. He asked that Council schedule a public hearing to discuss the requested change and to delay second reading of the ordinance until after the hearing. He offered to answer any questions. DR. JERRY MEINTZ addressed the Council and stated that he had been opposed to the project since its beginning and had done everything he could to make sure it never happens. He said he was fearful of what would happen if this area goes from the City to the County because he felt the County was not as restrictive as the City and not as sensitive to environmental issues and the hillside overlay. He said he had heard many Cahuilla Hills residents speak positively on behalf of the development because it would provide a roadway and 'emergency access for the people, and he said he hoped for the sake of these people and the project that it would not end up in the County and that the City would continue to maintain control to make certain there is no hillside development. He added that this project was i .6 v .4.b1e to those in Scottsdale, Arizona, and the extent to which this developer is willing to go to maintain the desert scenic environment is in all of our interests. He encouraged the Council to maintain its tight control on this project and also allow the developer the opportunity to be heard on the need for the cap of 185 units. Councilman Wilson asked if the 104-unit cap recommended by staff was because that is the density that would be allowed under County zoning. Mr. Diaz responded that this was staffs understanding; however, staff had heard from the developer that the County would allow more and had also heard that the County would allow less. Staffs recommendation of 104 units was based principally on the maximum County figures staff had at that time. 5 ML'iLTLS REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 • • • • • • • • • * • • • * • * * • • • • * * • • • • • * • * * • * Councilman Wilson asked what would happen if the Council were to approve the cap of 185 units and then the developer decided to sell the land. He asked if the density could be held to a specific development. He added that he was concerned with the possibility that the land could be sold, with the next developer wanting to put something else in, such as high-rise condominiums at one end, etc. Mr. Diaz stated that a preannexation agreement could be written that says approval of the 185-unit cap goes with the development. Mr. Erwin noted that all of this was contingent upon the land being annexed into the City and would be effective only when it is annexed. Upon question by Councilman Kelly, Mr. Geritz stated that the project would be developed in at least six phases, with a maximum of 40 units in each phase, and each phase would be submitted for review. He said that his understanding of this entire process was that with adoption of this plan and adoption of the conceptual plan for 185 units, they would be held to conform to the development plan they had submitted. If they or someone else wished to change that plan, effectively the process would have to start over through Planning Commission and the City Council. Upon question by Councilman Kelly relative to criteria that each phase would have to fit, Mr. Diaz responded that such a i,.s,.d... could be written up with the criteria spelled out. Councilman Snyder moved to, by Minute Motion, table Ordinance No. 693 and approve the request by the developer to readvertise a public hearing on the project to consider increasing the density to a cap of 185 units. Councilman Wilson seconded the motion to set a public haring and said he wished to make it clear that he was not convinced that the increased density was necessary, but if the developer wants to go back to a public hearing and open it up for public comment, he would agree with holding the second reading of the ordinance and setting a public hearing. Councilman Crites said he takes great pride in preserving the mountains. He expressed „, that approving this project would take Palm Desert out of the position of a leader in the Valley and put it at the other end and make Palm Springs and other communities look like they are doing a better job. He added that he felt this would be possibly one of the most ill- advised things the Council has ever done. Councilman Kelly said he would vote affirmatively to give a person an opportunity to have a public hearing and make a proposal, and he would to that regardless of what the project is. He said he felt the citizens had the right to do that whether he was in favor of the project or to it. 6 REGULAR PALM DESERT CITY COUNCIL Mr•r" i uiG i i i i i i i s i i s i i i i s i i i s i i JANUARY 14, 1993 k i i i i i i NO. 4. Mayor Benson agreed with Kelly. She said she had voted against the project and would probably vote against anything above 104 units; however, she agreed that the developer should have the opportunity to be heard at the public hearing. Mayor Benson called for the vote. Motion carried by a 4-1 vote, with Councilman Crites voting B. ORDINANCE NO. 698 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS CONFLICT OF INTEREST CODE. Mr. Altman stated that no changes had been made to this ordinance since its introduction, and he recommended adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. (2Q$. Motion was seconded by Snyder and carried by unanimous vote. C. ORDINANCE NO. 699 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTION 2.52.230 OF THE PALM DESERT MUNICIPAL CODE, SECTION 2.52.230 RELATED TO OBSERVED CITY HOLIDAYS. Mr. Altman stated there had been no changes since introduction of this ordinance, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 22. Motion was seconded by Wilson and carried by unanimous vote. D. ORDINANCE NO. 700 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107; THE ,PALM DESERT ZONING MAP BY PREZONING PART OF SECTION 5, TSS R6E, PR-7 (PLANNED RESIDENTIAL, SEVEN DWELLING UNITS PER ACRE). CASE NO. C/Z 92-3 (SUNCREST MOBILEHOME PARK). Mr. Altman recommended adoption of this ordinance, noting there had been no changes since its introduction. MR. GERHARD BEFELD, owner of Suncrest Mobilehome Park, asked Council to reconsider moving ahead with the annexation of his r t, to the City without addressing concerns he had raised at the last meeting. He added that he believed he could work out a solution with staff that would make everyone a winner in this situation. Councilman Wilson stated he felt the Council had addressed those concerns at the last meeting. He said he would encourage Mr. Befeld to do just what he says and to work out problems with staff; however, he did not see any reason to hold this up. He said it would 7 REGULAR PALM DESERT CITY COUNCIL bre. I u+1G JANUARY 14, 1993 * * * * * * * * * * * * * * * * * * * * * s * * * * * * * be a long process going through LAFCO, and he felt moving forward might encourage Mr. Befeld to sit down with staff. Councilman Wilson moved to waive further reading and adopt Ordinance No. 244. Motion was seconded by Kelly and carried by unanimous vote. E: ORDINANCE NO. 701 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 24.12 TO THE PALM DESERT MUNICIPAL CODE IN ORDER TO CONTROL THE GENERATION OF FUGITIVE DUST. Mr. Altman noted no changes had been made to this ordinance, and he recommended its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. 201. Motion was seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 28, 29, 30 and 31. Rec: Approve as Councilman Wilson asked that the last page of Warrant No. 31 be corrected to reflect that his mileage reimbursement was for travel to Riverside and not Temecula. Councilman Wilson moved to approve Warrant Nos. 28, 29, and 30 as presented, and No. 31 as corrected. Motion was seconded by Kelly and carried by unanimous vote. F. REOUF.ST FOR APPROVAL to Enter into an Agreement with Muni Financial Services, Inc. for Landscape and Lighting District Administration. Rec: By Minute Motion, enter into agreement with Muni Financial Services, Inc. for Landscaping and lighting assessment district administration in the amount of $16,815.00 (Contract No. C07140). Mr. Erwin stated that he had no problem with the contract or contractor; however, he did not think the contract itself was clear, and he asked that Council approve it subject to his modification and at,. mil. Councilman Kelly moved to, by Minute Motion, enter into an agreement with Muni Financial Services, Inc., for landscaping and lighting assessment distriction administration in the amount of $ 16, 815.00 (Contract No. C07140), subject to the City Attorney's modification and appro$al. Motion was seconded by Wilson and carried by unanimous vote. 8 REGULAR PALM DESERT CITY COUNCIL MEETING ! * ! ! * • * f * i * i a # ! ! i i a M * i JANUARY 14, 1993 i i i•* i i i i J. REQUEST FOR CONSIDERATION of Continued Staggered Hour Coverage for Hours of Operation at City Hall. Rec: By Minute Motion, direct staff to continue with staggered hour scheduling for coverage and continue the 8:00 a.m. to 5:00 p.m. hours of operation at City Hall. Councilman Wilson commended staff and the committee that worked on this survey and report and said he felt it was very thorough and detailed. He said there were several issues which he assumed would be given some ongoing analysis: There seemed to be some unhappiness with the staggered work hours, and he said perhaps we should go vack to coffee breaks and and eight -hour work day. Too many direct lines come in to the City, and there seemed to be some trouble handling calls. He said this should be assessed to see if perhaps the number of lines could be cut down. This would also cut down on the frustration. Mr. Altman responded that some of this had been done already. He felt staff should analyze the possibility of voice mail and bring forward a recommendation to the Council if it is warranted. Councilman Wilson commended staff again and moved to, by Minute Motion, direct staff to continue with staggered hour scheduling for coverage and continue the 8:00 a.m. to 5:00 p.m. hours of operation at City Hall. Motion was seconded by Kelly and carried by unanimous vote. L. REQUEST FOR APPROVAL of Expansion of Contract No. C06771 with Barry Goodman for Additional Services Relative to the Peoplemover System Funding Applications. Councilman Wilson stated he had a problem with this and would like to have more discussion. He said he felt with several Councilmembers serving on the Executive boards of CVAG and SCAG and with himself sitting on the County Transportation Commission, there might be a way to save $18,000 and have staff members on these various agencies do this work Mr. Altman stated that Mr. Goodman used to be the General Counsel for UMPTA and, therefore, is familiar with the federal regulations and programs, much more so than anyone else. He added that we do not have anyone on board with that type of expertise and that he did not think the Valley had anyone either. Councilman Wilson asked whether Mr. Goodman had developed a plan. He said as he read the report, Mr. Goodman is asking for additional money to merely make the presentations to get it through these agencies; if that is the case, he said he felt we could do it for less money. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 * * * * * * i i * * * i i i i * * * * * * * * * * * * * * * * i * * Mr. Ortega said he could provide a copy of the actual application that has been submitted so the Council can see the level and amount of work that has already gone into this. Councilman Kelly suggested instead that this be scheduled for the next meeting and that staff provide more information so Council can consider it at that time. Councilman Wilson moved to continue this matter to the meeting of January 28, 1993. Motion was seconded by Kelly and carried by unanimous vote. R. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF PERFORMANCE EVALUATIONS FOR APPOINTED OFFICIALS. Mr. Millheim reviewed the staff report, suggesting that Council take the next few weeks to meet with the three individuals (City Attorney, City Manager, and City Clerk) and complete the forms. He added that Council would then need to sit down for a group meeting in a closed session. He recommended that staff be directed to hire an outside facilitator to work with the Council on the final evaluations. Councilmember discussed the recommended dates outlined in the staff report and decided that the closed session would be held on Thursday, February 18, 1993, beginning at 1:00 p.m. Councilman Wilson moved to, by Minute Motion: 1) Authorize beginning the performance evaluation process for the City Attorney, City Clerk and City Manager; 2) direct staff to tentatively schedule a closed session of the City Council for Thursday, February 18, 1993, at 1:00 p.m. to discuss and prepare the formal group evaluation. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR APPROVAL OF AMENDMENT TO THE APPROVED GUIDELINES FOR THE PALM DESERT MOB LEHOME RENT CONTROL ORDINANCE. Mr. Erwin noted the memo in the packets from Mrs. Gilligan outlining the reasons for the modification to the rent review guidelines. He stated these amendments better effectuate the intent and actual provisions of the existing City Code and make the guidelines more defensible to legal challenge. Councilman Kelly asked whether the renters had an opportunity to comment on the amendment. Mrs. Gilligan responded that staff had notified the park owners and also Mrs. Ruth Wallis, who is active GSMOL (Golden State Mobilehome Owners League) and is a resident of Silver Spur Mobile Manor. Councilmember Benson stated that Ms. Sarah Farrar had contacted her earlier in the day on behalf of an organization that represents three parks and indicated they would like to meet 10 REGULAR PALM DESERT CITY COUNCIL. Air. / u1G JANUARY 14, 1993 a with the Council on various issues regarding rent control. She asked that this matter be held until after a meeting is held. Mr. Erwin responded that he would have no problem holding this item until then. Councilman Crites moved to, by Minute Motion, continue this matter for 30 days (to the meeting of February 11, 1993) in order to meet with representatives of the parks. Motion was seconded by Kelly and carried by unanimous vote. C. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega noted the memo in the packets regarding cable complaints received. Councilman Snyder stated he had received telephone calls about Channel 2 and the fact that 50% of the audio is bad and the picture blanks out every three to four seconds. He said this had been going on for about the past three weeks. Mr. Ortega stated that Channel 2 had always been a problem because of the common carrier bringing the station into the area. Councilman Wilson noted that a representative from El Centro was at the last meeting and indicated they were improving the translator signal which would improve the quality in the nett month or so. 2. Status of Multi -Agency Library. Mr. Diaz reported that the agreement was currently being looked at by the County of Riverside and the College of the Desert and their respective legal firms. He said staff would have further reports at a later date. Councilman Wilson stated that he had spoken with one of the individuals involved with this at the College, and he indicated the agreement looks good and that they were almost ready to go; however, there was a problem with a clause that is being required by the City that they provide a detailed five-year budget. He said they felt this was an unreasonable request and that they could not even guarantee a budget for this February because of the State financing, let alone for the next five years. Mr. Altman responded that he felt it was necessary because the County wants us to show how we are going to make this a feasible library. Councilman Wilson stated that he would hate to see it held up if this is the o r. ! between moving and not moving forward. He said they have a track rec o r ; of 11 N1LrL1Ls REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 * * * * * * * s * s * * * * * s * s s * * s * * * * s * * * * s * * operating a library for many years, even though it has not really been adequate, and staffing could be looked at historically. Mr. Ortega responded that this was not what was holding up the agreement. He said there were issues with regard to insurance, with the College wanting to put in some self -insured language for liability and the building. He said he had advised that they need to put down what the current library is costing plus what it will cost to serve the new library. 3. Use of Desert Star Boulevard for Palm Desert Middle School Band. Mr. Altman noted the memo in the packets from Mr. Folkers. Councilman Wilson complimented Mr. Folkers for some very fast action. He said he had been contacted by the Band Director and advised that there were some problems, and Mr. Folkers had a solution within just days. 4. Public Nuisance Abatements. Mr. Altman stated that Council had requested this report at the last meeting. He added that Mr. Allen was available to answer any questions. Councilman Wilson stated that he understood what Mr. Allen was saying about the City not having the staff or time to go out and look at every contractor; however, what Council was suggesting is that an occasional spot check be done to make sure the City is getting the services it is paying for. 5. Council Request for Process of Handling Public Contracts, Specifications, and Change Orders. Mr. Altman stated that this report was done at the direction of the City Council at its last meeting. Councilman Wilson noted the last paragraph of the memo from Mr. Folkers and said he felt there should be a penalty provision that says if an architect or engineer errs in the design and the City has to go back and get him to do it over, he should be responsible for the increased cost as well as the design work. Mr. Altman stated that staff would look into this but asked if Councilman Wilson had specific instances that staff could look at. Councilman Wilson responded that he had given Mr. Conlon two specific instances. 12 REGULAR PALM DESERT CITY COUNCIL MEETING s s * $ * * * * * * t s $ * * * * $ * * * * $ $ * * * * $ * * * JANUARY 14, 1993 XL C BUSINESS A. AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE PALM DESERT SPORTS FACILITY (CONTRACT NO. C06860). Mr. Altman asked that Council continue this item to the meeting of January 28, 1993. Councilman Crites moved to, by Minute Motion, continue this item to the Meeting of January 28, 1993. Motion was seconded by Snyder and carried by unanimous vote. XII. OLD BUSINESS A. REOUEST FOR APPROYAL OF CVAG MEDIATION AGREEMENT (CONTRACT NO. C05910). Mr. Erwin stated that this was a form of agreement that had been floating around for several years. He reviewed the agreement and offered to answer any questions. Councilman Wilson moved to, by Minute Motion, approve the subject agreement. Motion was seconded by Snyder and carried by unanimous vote. NOTE: The following item arose after distribution and posting of the original Agenda on Friday, Janaury S, 1993. It was listed on an Agenda Addendum and posted in advance of the 72-hour deadline of this meeting. B. REOUEST FOR ADOPTION OF GOLF CART TRANSPORTATION PILOT PROGRAM. Mr. Wohlmuth reviewed the staff report and recommended adoption of Ordinance No. 7Q as an urgency ordinance and also adoption of Resolution No. 9.3z2. He offered to answer any questions. Councilman Snyder stated he was in favor of the program but was concerned because he had r „w.wiJ .1 calls from residents who had previously been allowed to drive golf carts to their • country clubs without any modifications under the City's old ordinance. He said they wanted to continue to be able to drive their carts as they are now and did not want to go through the modification process. He asked why we didn't keep the existing ordinnnce in effect and modify it for just those people who want to drive on the new streets and why we are penalizing those people who have been driving back and forth up to this time. Mr. Wohlmuth responded that although the City did adopt an ordinance, it was actually not permitted within the California Vehicle Code (CVC). He said the CVC was specific in saying that the City may develop a plan, with the maximum use of the golf can to be w i ih i n one mile of the country club. The Attorney General's interpretation of the Code includes that a golf cart can only go on streets with speeds of 25 miles per hour; if it crosses a street over 13 NIL -tit -TES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 • i s • • • * • • • • • • • • * * * * • * • * • • * * • * • • * * • .. 25 miles per hour, it is considered on that street with the higher limit. He added that with this interpretation, the City's ordinance was in violation of the CVC because local jurisdictions may not supercede the California Vehicle Code as it pertains to golf carts on streets. Councilman Kelly stated that a lot of people had received citations for driving their golf carts on City streets; that is what started this whole process. He said he had gone to the Sheriff's Department and tried to get them not to give citations, but they said they needed to abide by the law. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. Qom, adopting the Golf Cart Lane Plan, more specifically known as the City of Palm Desert Golf Cart Transportation Pilot Program, subject to CVAG's review and comment; 2) waive further reading and adopt Ordinance No. 2 as an urgency ordinance, amending Palm Desert Municipal Code Section 10.76 pertaining to traffic regulations for certain golf carts on certain streets. Motion was seconded by Snyder and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. B4111011111LAMEZ21 of Airline Services Task Force trip to Seattle, Washington, for Mayor Benson. Mr. Altman stated this had come up after the Agenda was posted. Councilman Wilson moved to add this item to the Agenda for consideration. Motion was seconded by Kelly and carried by unanimous vote. Mr. Altman said this trip was scheduled for January 25-26, 1993, to follow up on work about airfares. He noted the memorandum from City of Cathedral City Economic Development Director Michael Daly (on file and of record in the City Clerk's Office), and recommended approval of the trip. Councilman Snyder moved to, by Minute Motion, approve the request for Mayor Jean Benson to attend the Airline Services Task Force trip to Seattle, Washington, January 25-26, 1993. Motion was seconded by Kelly and carried by unanimous vote. 2. Project Area No. 4 Mr. Altman stated that this was also a late item and asked that Council add it for discussion. 14 REGULAR PALM DESERT CITY COUNCIL 11ir. r, i tolG JANUARY 14, 1993 * • * * * • * • * • f . * * * * * * * * * * * * * * * * • • * * Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Wilson and carried by unanimous vote. Mr. Altman stated that the City had been negotiating with the Chief Administrative Officer for the County of Riverside relative to Palm Desert Country Club and creation of Project Area No. 4. He reviewed the staff report and recommendation and offered to answer any questions. Councilman Wilson moved to, by Minute Motion, authorize: 1) Staff to proceed with the development of Project Area No. 4 pending satisfactory negotiations with the County; 2) staff to execute an agreement with Rosenow Spevacek Group (RSG) (Contract No. C07180) to assist in the development of Project Area No. 4; 3) the establishment of a revolving loan account in the amount of $164,000.00 to the Redevelopment Agency for that accomplishment. Motion was seconded by Kelly and carried by unanimous vote. 3. Costs for Cook Street_ Detour and Accelerated Constriction Schedule. Mr. Altman stated this item had come up after the Agenda was posted and asked that Council add it to the Agenda for discussion. Councilman Kelly moved to add this item to the Agenda for discussion. Motion was seconded by Wilson and carried by unanimous vote. Mr. Altman reviewed the memorandum from Mr. Folkers and offered to answer any questions. Councilman Crites moved to, by Minute Motion, authorize staff to negotiate with J.D. Stine, the contractor for the subject project, for reconstruction of the detour and accelerated construction schedule in the amount of $132,400, waiving the construction hours to allow the contractor to work on a 24-hour basis. Motion was seconded by Kelly and carried by unanimous vote. B. CTTY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Sections 54956.9 (a) Existing Litigation (Levald v. City of Palm Desert re: Indian Springs Mobilehome Park; Smith v. City of Palm Desert re: Haystack Channel), (b) Threatened Litigation, and (c) Pending Litigation, and 54956.8, Real Property Transactions (acquisition of k w4:j owned by Miller/Richards Partnership known as "The Crest"). 15 REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action., 1. Councilman Wilson stated he had read in the newspaper where the Board of Supervisors was considering naming a portion of Washington Street in honor of George Berkey. He said they were going to contact the City of Palm Desert relative to this, and he felt it should be expedited. Councilman Wilson moved to add this item to the Agenda for discussion. Motion was seconded by Crites and carried by unanimous vote. Mayor Benson stated that Supervisor Larson had mentioned this to her briefly and said if the City was willing, the County proposed to name the entire length of Avenue 42 after Mr. Berkey instead of just a portion. Councilman Wilson moved to, by Minute Motion, support the County of Riverside's recommendation to name a road in honor of George Berkey. Motion was seconded by Snyder and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Wilson congratulated Mayor Benson on her election to LAFCO as representative of Eastern Riverside County. XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to recess the meeting to Closed Session at 5:45 p.m., said Closed Session to immediately follow the Redevelopment Agency meeting. Motion was seconded by Wilson and carried by unanimous vote. Mayor Benson reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. DAVID MILLER, 49-305 Highway 74, Palm Desert, spoke on" behalf of residents of Palm Desert Mobile Estates, Indian Springs Mobilehome Park, Silver Spur Mobile Manor, and Suncrest 16 REGULAR PALM DESERT CITY COUNCH. husg.1 uiG JANUARY 14, 1993 s s s s s s s s s s• s s: s s s s s s s s s• s: a s s s s a. and requested a study session with the City Council to discuss leases over one year that are now being required by the park owners. Mayor Benson responded that at its 4:00 p.m. session, the Council directed staff to set up a meeting with the various parks to discuss several items. She said this should be scheduled within the next few weeks and that staff would notify the residents. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF A PLAQUE TO MR. STEVE MOORE OF THE RIVERSIDE PRESS ENTERPRISE. Mayor Benson stated that Mr. Moore had been with the Riverside Press Enterprise for the past 18 years and was very dear to everyone in the City and his readers. She read the plaque and presented it to him on behalf of the entire City Council. She added that everyone would miss him but wished him well in his new position with the Press Enterprise in Temecula. Mr. Ed Benson stated he felt Mr. Moore was the best writer in the entire Valley. Councilman Wilson stated he had been around journalism his whole life and could honestly say there was no finer journalist than Steve Moore. He said Mr. Moore had kept the community honest and the people well-informed. B. APPOINTMENT TO THE ECONOMIC DENNT ADVISORY CQMMITTEE TO FILL VACANCY CREATED BY RESIGNATION OF DIANE COX. Councilman Kelly moved to continue this appointment until such time as the Council is able to conduct further interviews. Motion was seconded by Wilson and carried by unanimous vote. C. APPOINTMENT TO THE CIVIC ARTS COMMi L Ira TO FILL VACANCY CREATED BY THB RESIGNATION OF CAROLYN MILLER Councilman Lily moved to continue this appointment until such time as the Council is able to conduct further interviews. Motion was seconded by Wilson and carried by unanimous vote. D. APPOINTMENT TO THE PARK & RECREATION COMMISSION TO FILL VACANCY CREATED BY THE RESIGNATION OF RANDALL WHITE. Councilman Kelly moved to continue this appointment until such time as the Council is able to conduct further interviews. Motion was seconded by Wilson and carried by unanimous vote. 17 MINT TES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 • * * • • • * * * * * * * * * * • * • * • • * * * * * * * * * * • • E. APPOINTMENTS TO THE RENT REVIEW COMMISSION TO FILL VACANCIES CREATED BY RESIGNATION OF RANDALL WHITE AND THE DEATH OF WANDA TUCKER. Councilman Kelly moved to, by Minute Motion, appoint Mr. Ulrich McNulty and Mr. Harry Armstrong to fill the two vacancies on the Rent Review Commission. Motion was seconded by Wilson and carried by unanimous vote. F. APPOINTMENT TO THE PLANNING COMMISSION TO FILL VACANCY CREATED BY THE RESIGNATION OF RANDALL WHITE. Councilman Kelly moved to continue this appointment until such time as the Council is able to conduct further interviews. Motion was seconded by Wilson and carried by unanimous vote. G. APPOINTMENT TO THE SISTER CITY COMlni i i zr, TO FILL VACANCY CREATED WHEN REV. BRAD HALL DECLINED HIS APPOINTMENT. Councilman Kelly moved to, by Minute Motion, appoint Ms. Lisa Beske to the Sister City Committee to fill the vacancy created when Rev. Brad Hall declined his appointment. Motion was seconded by Wilson and carried by unanimous vote. RVIII. PUBLIC HEARINGS A. REQUEST 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 RETAIIJCOMMERCIAL CENTER AT THE NORTHWEST CORNER OF COUNTRY CLUB DRIVE AND COOK STREET, Cook Partners Limited Partnership. Case Nos. C.0 92-4. PP 92-6. PM 2740Q (Continued from the Meetings of November 12, and December 17, and December 17, 1992). Mr. Diaz reviewed the staff report, noting that notice of the public hearng had met all requirements of the City of Palm Desert. He said he had met with some representatives from Silver Sands Homeowners Association who indicated they were upset because the public hearing notice had not come to them; however, this area was approximately 3/4 of a mile away from Portola and Country Club. He noted that the City Council Agenda are published in the newspaper. He added that concerns raised by Silver Sands were similar to those raised by representatives of The Lakes. Mr. Diaz briefly reviewed the project, noting that the principle tenants identified thus far were Ralph's Market, PayLess Drugs, and a theater complex. He said access would be from Country Club and from Cook Street, with the existing three-way signal at Desert Springs to be converted to a four-way signal. He reviewed some of the' issues raised previously, including: 18 GULAI PALM De te.w a CITY COUNCIL lb,r..r aG JANUARY 14, 19113 • • • • • • • • • • \ • • • • • • • • • • • • • • • • • • • • • Parking - Although the City's requirement was 5.5/ 1000, the developer was providing 5.62/1000. - Reduction of building heights to a maximum of 32 feet except for the free-standing towers. Additional height for the Ralph's sign would not be allowed, and the sign would have to meet the City's sign standards. Scree inn of the c - He said the screening and landscaping had been reviewed by the Architectural Review Commission, with ,y . , )61 of the preliminary plan. He said a condition could be added that the final landscaping and working landscape drawings should be submitted to the City Council for approval. Ind& - He said one of the problems with Country Club Drive is that a great deal of the traffic on that street is not controlled by the land uses that we have in the City but by the land uses in the cities to the east and west. The developer has been required to widen the street, contribute to the Transportation Uniform Mitigation Fee, and also to contribute to the creation of the Cook Street Interchange. • Uses and hours of operation - He said there was some about what was identified as the sports bar, and staff believed it could be mitigated with an added condition that all alcoholic beverage establishments be a bonafide eating establishment as described by the Department of Alcoholic Beverage Control. • Shun - Hours of delivery have been conditioned to be between 6:00 a.m. and 10:00 a.m., with the business hours from 6:00 a.m. to 12:00 a.m. Hours of operation for the rest of the center can also be controlled; if there is a problem, the City can look at it again and regulate it further. 1i - The zoning allows for this use; however, the City can control the hours of agendas. Beyond that, the City is limited. • juskilashmandsgkir - There was concern that the design of the center and colors to be seed would not blend in or be compatible because it is something that has not been dose previously in this type of commercial environment. Mr. Diaz stated staff did not bane a problem with the architecture and color and that the Architectural Review Commission had approved it. 19 REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s Three towers - These can be examined and brought back to the Art -In -Public -Places Committee to determine what can be done. Parking lot lighting - City standards require that lighting be dim and not visible per the Dark Skies Ordinance. He said the lighting in terms of spill over and visibility from the outside can be controlled by the City's current ordinance. Mr. Diaz added that a child day care center was required as part of this development and that all mitigation measures and TUMF fees were also required. He said staff recommended that Council affirm the recommendation of the Planning Commission and approve the project and the change of zone. He offered to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of this project. MR. WILLIAM CARVER, 74-947 Highway 111, Indian Wells, addressed Council as the developer of the project and reviewed the process he went through during the past nine months to get the project to this point, noting that it had been through the Economic Development Advisory Committee, the Architectural Review Commission, and the Planning Commission. Councilman Wilson stated that Council at its last meeting had basically approved the project but had directed the developer to meet with residents of The Lakes Country Club. He asked for a brief report. Mr. Carver responded that he was not able to attend the meeting but had received a report from Mr. Ken Feenstra of his office who had met with the residents. He said what Mr. Feenstra .. � �.���� 1 to him was different from what he saw at this Council meeting with so many residents of The Lakes attending. He said he felt they were ready to begin construction and asked for Council's approval. Councilman Crites asked whether Mr. Carver would have a problem if all mention of the free-standing towers was stricken from the project and the developer was allowed to apply for approval through the Art -In -Public -Places program. Mr. Carver responded that he would be willing to allow the Art -In -Public -Places Committee to decide if they are considered art. Mayor Benson invited testimony in OPPOSITION. The following were opposed because of the size and mass of the buildings, noise from the movie theater and sports bar, alcohol being sold at 20 RS AAR PALM Ilkomat, crrir COUNCIL 1 ,,.. Rur JA UARY 14 IMF • • s * * • • • • • • * * $ • * • • • • * • ► • • • • • * * • the sports bar, increased pollution due to delivery trucks, increased traffic congestion, hours of operation for the various uses, parking lot lighting and what hours the lights will be turned off, compatibility of the movie theater with the surrounding neighborhoods, concern that the theater will eventually bring in fast-food restaurants, insufficient and incompatible landscaping in the parking lots and on Country Club Drive, size and height of proposed signs, architecture of the project, backs of buildings along Country Club Drive and Cook Street, depreciation of their property values, lighting the three towers at night will make them stand out, height and lighting of the Ralph's sign, lack of sufficient security, lack of acceleration/deceleration lane, number of exits from the center, insufficient setback of the buildings from the streets, MR. JACK ESTICH, 22607 Dry Creek Road, Diamond Bar, Nita and Leonard Niewald of 100 Brandigo Circle. MR. SHELDON SCHOTT, 303 Apaloosa Way, Palm Desert, resident of The Lakes. MR. El) ETHELL, 310 Running Springs Drive, ,. , . w sting homeowners at The Lakes, said they would rather work through the Planning Commission instead of the City Council. He commended Ray Diaz and Steve Smith of the Planning Department and the developer for some of the changes that had come about so far but felt there were still more needed. In addition to concerns stated above, he asked that the Council restrict the hours and prohibit any future planning to put in a video game arcade. He also asked that Council deny the plan and , ng or return it to staff for further study to make it fit in with what they believed was a lovely place to live. MRS. GLORIA VOGEL, 71 Old Ranch Road, The Lakes, read the letter which was received by the City on January 13, 1993, and included in the packets (on file and of record in the City Clerk's Office). MR. TOM KENDALL, 205 Green Mountain, The I.aioes, submitted to the City Clerk petitions of approximately 230 signatures objecting to the center and said the signatures were obtained in the space of approximately five to six days. A immihmais whose address is 44 Running Springs, spoke as President of The Lakes Country Club Aleadadas and said the Marriott sent a letter to the City objecting to a gas station and an aaeiges sae sties, and those uses were dropped immediately. He said he felt the residents of The Lakes deserved the same. He said Mr. Diaz had indicated certain things could be mitigated later once the project is approved, and he disagreed. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 * * * * * * * ! * * * * * * * * * * * * * ! * * * * * * * * * * * MR. DAVID SPRIGGS, #2 La Jolla, Silver Sands, read his letter which was received by the City earlier in the day and included in the packets (on file and of record in the City Clerk's Office). MR. SONNY FUQUES, 342 Crest Lake Drive, The Estates, expressed concern with the service mad for the project and said if there is no light for this road, he will have problems making left turns because of all of the delivery trucks. DR. STANLEY VOGEL, 71 Old Ranch Road. MS. RENEE MORLEY, 110 Alcalda Circle, Courtyards at Desert Falls. MR. LEONARD NIEWALD, The Courtyards, said he was never notified of any of the hearings. MR. BILL HARRISON, 67 Laredo. Mayor Benson declared the public hearing dosed and called a five-minute recess at 8:30 p.m. Councilman Crites suggested that this matter be continued. He said the developer has developed rs. „r ..tj all over the Valley, has heard the concerns raised at this meeting and knows the Council's concerns about height, compatibility, etc. He said he felt this center was not ready for any final resolution. He said very often the Council askes the developer to go into the community at the beginning of the process, and when they wait until the end, this is the type of thing that happens. While this is a neighborhood center, it will also serve other areas of Palm Desert. Councilman Kelly stated that this had come before Council about two months ago, and the Council felt it should be continued because of the issue of notification. It was continued again on December 17th. He said the Council had made no decision and did not want to do so without all of the people in the surrounding community being involved. He added that in the past committees had been formed of City Council, staff, developer, and homeowners' representatives to sit down and try to work things out, and he suggested that be done in this case. Councilman Wilson stated he was glad the Council had directed the developer to continue meeting with neighbors to get their input; however, he was disappointed that the developer 22 sustsULAR PALM DESERT CITY COUNCIL /Vadatu4G JANUARY 14, UP s s s s s s s s s s s s s s s s s s•••• s s s s s s s s s was not working more carefully with the residents expressing concern and disappointed in the citizens because he felt they did not exercise their responsibility to be well-informed. He said the Agenda for each meeting is published in the newspaper, and it is the responsibility of the citizens to read the paper and stay informed of what is happening around them. He felt the project was not ready to be approved and that the Council had several options: 1) disapprove the project and let it start over at the Planning Commission level; 2) continue the matter and ask the developer to hold a series of meetings with smaller groups where the people can give their input and express their concerns so that the developer can get an idea of what is acceptable. This way we might be able to come up with a project that is more compatible. Councilman Snyder stated that this Council listens to its citizens and tries to approve projects that the people will be proud of. He felt this project should be continued and looked at more thoroughly. Mayor Benson stated that this . - r t f had been zoned commercial since 1981, and there had not been any great hue and cry to rezone it. She added that she was always concerned with the height of signs. She noted that the City does not always notify everyone in the City about every project; however, we do what is legally required. Councilman Crites moved to continue this matter for 45 days to the meeting of February 25, 1993, and form a working committee to meet with staff, representatives of the Council and the adjacent properties, and the developer to discuss issues in terms of compatibility. Motion was seconded by Kelly and carried by unanimous vote. RJR. ORAL COMMUNICATIONS - D DR. STANLEY VOGEL, 71 Old Ranch Road, expressed concern with the City's method of notifying people of these meetings. He asked that the Boards of the Country Clubs in the area be notified of when meetings will occur. Mrs. Gilligan responded that the City has a policy in place whereby individuals may provide a supply of stamped, self-addressed envelopes to the City Clerk's Office and to the Planning Department, and an Agenda for each City Council and Planning Commission meeting will be mailed out to them. 23 LTE REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1993 s s s s s s s s s s s s s s s s s s s s s* s s s s s s s* s s s s XX. ADJOURNMENT Councilman Crites moved to add to the Agenda by 4/5ths vote an item relative to the number of members on the City's Parks and Recreation Commission. Motion was seconded by Snyder and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, direct staff to begin the process of amending the existing Parks & Recreation Commission resolution to increase the number of members to seven. Motion was seconded by Snyder and carried by unanimous vote. Upon motion by Kelly, second by Crites, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 9:00 p.m. ATTEST: / .7 SHEILA R. GILL Tt AN, CP71 LERK CITY OF PALM DESERT ALIFORNIA 24