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HomeMy WebLinkAbout1993-03-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 11, 1993 I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilman Buford A. Crites (arrived at 4:15 p.m.) Councilman Richard S. Kelly (arrived at 4:25 p.m.) 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. 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 Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources Phil Drell, Acting Director of Community Development John Wohlmuth, Environmental Conservation Manager Ken Weller, Emergency Services Director Catherine Sass, Community Arts Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 25, 1993. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 39 and 40. kec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1993 • • • • • • i • • • i • i • • • i i • • • • • • • • • • • • • • • • • • • • i i • • i • • C. CLAIM AGAINST THE CITY (#213) by Robert J. Martinez in the Amount of $469.05. 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. D. CLAIM AGAINST THE CITY (#214) by Richard W. Miller in the Amount of $358.44. 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. E. CLAIM AGAINST THE CITY (#215) by Hidden Palms Homeowners Association in the Amount of $177.61. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate settlement in an amount not to exceed $180.00 subject to Claimant's execution of a Release of All Claims. F. REOUEST FOR APPROVAL of Specific Actions for the Country Club Drive and Washington Street Area Street Improvements. Rec: By Minute Motion: 1. Review and approve the report as presented; 2. Authorize staff to prepare the nerresary documentation including the application for securing CVAG matching funds up to $50,000; 3. Authorize staff to allocate matching funds in an amount no to exceed $70,000 from the Unobligated 416 Fund; 4. Authorize staff to enter into negotiations with a qualified consulting firm for designing the project and refinement of the initial cost estimates; 5. Approve a cooperative agreement funding in concept among the City, County of Riverside, and CVAG subject to further review and final approval by the Council at a later date after refinement and discussion among all involved agencies. G. REOUEST FOR APPROVAL of Bus Stop Relocation at Town Center Way. Rec: By Minute Motion: 1) Approve the relocation plan; 2) authorize the appropriation of an amount not to exceed $12,000 from the Unobligated Gas Tax Fund; 3) authorize the City Clerk to advertise and call for bids for this project. H. RESOLUTION NO. 93-19 - 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. (February, 1993) Rec: Waive further reading and adopt. I. REOUEST FOR CONSIDERATION of Relinquishment by CalTrans of Highway 111 to the City of Palm Desert. Rec: By Minute Motion, authorize staff to negotiate with representatives of CalTrans for the turn back of Highway 111 from the Rancho Mirage boundary to Highway 74 in the City of Palm Desert. 2 LIINLTES REGULAR PALM DESERT C. COUNCIL MEETING MARCH 11, 1993 • • • • • • • • • • • • •- • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • J. FEOUEST FOR APPROVAL of the Formation of Landscaping and Lighting District No. 93-9, The Grove. Rec: Waive further reading and adopt Resolution No. 93-20, approving the engineer's report and setting a public hearing for the formation of the subject district. K. PRESENTATION OF Preliminary Schedule of Investments As of February 28, 1993. Rec: Receive and file. L. REQUEST FOR APPROVAL of Contract No. C07260 for Highway 74 City Entry Sign. Rec: By Minute Motion: 1) Approve Contract No. C07260 with Michael Watling for fabrication and installation of one entry sign in the amount of $22,070.00 and authorize the Mayor to execute same; 2) authorize staff to encumber funds from Account No. 400-4372433-4001 in the amount of $22,070.00. M. REOUEST FOR AUTHORIZATION to Negotiate Contract No. C05300 for Monterey Avenue and Highway 111 Traffic Signal Modification and Street Improvement Project. Rec: By Minute Motion, authorize Public Works staff to obtain proposals from qualified contractors to perform work per the approved plans. Councilman Wilson removed Items I and L for separate discussion under Section DC, Consent Items Held Over, of the Agenda. Upon motion by Wilson, second by Snyder, the remainder of the Consent Calendar was approved as presented by a 3-0-2 vote, with Councilmen Crites and Kelly ABSENT. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introductiow A. ORDINANCE NO. 705 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 10.50 OF THE PALM DESERT MUNICIPAL CODE RELATING TO VALET PARKING. (Continued from the Meeting of February 11, 1993.) Mr. Erwin stated that this ordinance had been introduced at the meeting of February 11, 1993, with second reading to be held until after additional discussions relative to Section 10.50.30, Items 9 and 20. He said Item "except whena handicapped persons vehicle", which would permit 9 should be modified by adding cep parking utilization of handdesignation spaces for an individual who has a handicap for their vehicle. He also recommended that Item 1/20 (which reads "A permittee may not charge guests or patrons a fee for parking a car in a designated valet parking space if, absent such designation, the space would be accessible to a self -parking guest or patron. Gratuities may always be accepted.'), be deleted except for "Gratuities may always be accepted." He said this would eliminate any legislative action one way or the other with regard to the ability to charge a fee. He added that if this becomes a problem, staff will come back to Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1993 • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Folkers stated that the Public Works Department would support Mr. Erwin's recommendation. Councilman Snyder moved to waive further reading and pass Ordinance No. 705 to second reading as amended. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Councilmen Crites and Kelly ABSENT. B. ORDINANCE NO. 708 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE DISCHARGE OF SEWAGE IN THE CITY OF PALM DESERT AND PROVIDING PENALTIES FOR VIOLATIONS. Mr. Conlon reviewed the staff report, noting that this would give health officers the power to issue citations to people for violating regulations relative to discharge of sewage. He added that recently the courts dismissed a citation issued in Palm Desert by a health officer due to the fact that our local municipal code did not specifically give authority to the health officer, a Riverside County employee, to issue citations. NOTE: Councilman Crites entered the meeting at 4:15 p.m. Councilman Snyder moved to waive further reading and pass Ordinance No. 70 to second reading. Motion was seconded by Benson and carried by a 3-0-1-1 vote, with Councilman Kelly ABSENT and Councilman Crites ABSTAINING. For Adoption; None IX. CONSENT ITEMS HELD OVER I. REOUEST FOR CONSJDERATION of Relinquishment by CalTrans of Highway 111 to the City of Palm Desert. Rec: By Minute Motion, authorize staff to negotiate with representatives of CalTrans for the turn back of Highway 111 from the Rancho Mirage boundary to Highway 74 in the City of Palm Desert. Councilman Wilson stated he felt this was a policy decision and that discussion was needed as to whether we should move forward to the negotiation stage. Mayor Benson agreed and asked if this was just to authorize staff to meet with representatives of CalTrans and to come back to Council. She added that it was her understanding that CalTrans was not very happy about this matter and was concerned about having 'pockets" on Highway I 1 1 that they would own between the various cities. Mr. Altman stated that this would enable staff to meet with CalTrans and then come back with a report; it would not commit the City to anything. Upon question by Councilman Crites, he responded that approval of the request would not in any way indicate that the City was in favor of doing this. Councilman Crites said his concern was that this might encourage other people to think the Council is agreeable to doing this, while his initial reaction would be to disagree. Councilman Wilson stated he had discussed this with Mr. Ken Steele of CalTrans, and he had indicated he would be happy to get rid of the Highway. Wilson said he was not sure the City would want to take it over. Councilman Snyder added that he felt it was important for staff to meet with CalTrans and get all of the facts before Council makes a decision. 4 MENU"TF„S REGULAR PALM DESERT Cr 701.7NCIL MEETING • • • • • • • • • • • • • _ • • • • • • • • • • • • • • • .. MARCH 11, 1993 • • • • • • • • • • • • • • • Councilman Wilson moved to, by Minute Motion, authorize staff to negotiate with representatives of CalTrans for the turn back of Highway 111 from the Rancho Mirage boundary to Highway 74 in the City of Palm Desert, with the proviso that staff, in its discussions with all parties, make it clear that there is no Council support or opposition to such a move and that staff is merely exploring options and gathering data to make a presentation to the Council. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilman Kelly ABSENT. L. REOUF,ST FOR APPROVAL of Contract No. C07260 for Highway 74 City Entry Sign. Rec: By Minute Motion: 1) Approve Contract No. C07260 with Michael Watling for fabrication and installation of one entry sign in the amount of $22,070.00 and authorize the Mayor to execute same; 2) authorize staff to encumber funds from Account No. 400-4372-433-4001 in the amount of $22,070.00. Councilman Wilson asked whether there was a photo or sketch of the entry sign. Mrs. Gilligan responded that copies had been distributed yesterday. Ms. Sass provided a copy to Councilman Wilson. Councilman Wilson moved to, by Minute Motion: 1) Approve Contract No. C07260 with Michael Watling for fabrication and installation of one entry sign in the amount of S22,070.00 and authorize the Mayor to execute same; 2) authorize staff to encumber funds from Account No. 400-4372-433-4001 in the amount of $22,070,00. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Kelly ABSENT. X. NEW BUSINESS A. REQUEST FOR RATIFICATION OF CITY MANAGER'S DECLARATION OF LOCAL EMERGENCY AND AUTHORIZATION FOR EXPENDITURE OF FUNDS FOR SAME. • Mr. Altman noted the memorandum from Mr. Weller in the packets relative to how the City will be getting funds from the Federal Government to reconstruct a temporary bridge at Cook Street. Mr. Weller added that once this item is approved by Council, it will be necessary for the Council to review it every 14 days; therefore, it will appear on each City Council Agenda for review. Councilman Wilson moved to, by Minute Motion, ratify both the Declaration of Local Emergency and the expenditure of an amount not to exceed $130,000 to reconstruct a temporary bridge at Cook Street. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Kelly ABSENT. NOTE: Councilman Kelly entered the meeting at 4:25 p.m. B. REQUEST FOR AUTHORIZATION FOR STAFF TO NEGOTIATE A CONTRACT FOR THE EXTENSION OF COOK STREET STORM DRAIN FROM SHERYL AVENUE TO NORTH OF MERLE DRIVE. Mr. Folkers reviewed the staff report and offered to answer any questions. He added that it appeared the contractor would not be completing the project until the latter part of June or early July. Councilman Kelly moved to, by Minute Motion: 1) Approve Change Order No. 3 to Contract No. R06470 for the extension of the storm drain and pavement replacement north of the existing culvert crossing in the amount of $300,000; 2) allocate $150,000 from Gas Tax Funds and $150,000 from Unallocated Area No. 2 Drainage Funds. Motion was seconded by Snyder and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • C. CONSIDERATIQN OF REOUEST FOR ACTION RELATIVE TO PROJECT AREA 4. Mr. Ortega reviewed the staff report and offered to answer any questions. He noted that a Project Area Committee was not necessary for Project Area No. 4 because a substantial number of low and moderate income families are not expected to be displaced by the project. He said the Health and Safety Code requires that if a project will not displace a substantial number of low and moderate income families, the Redevelopment Agency must either call upon the residents and existing community organizations to form a project area committee or shall consult with and obtain the advice of residents and community organizations. He asked that the Council adopt the resolution declaring that a Project Area Committee is not necessary for Project Area No. 4 and also endorse the proposed Citizen Participation Program. Upon question by Mayor Benson, Mr. Ortega responded that Project Area No. 4 is the Palm Desert Country Club area. Mayor Benson asked that in the future staff indicate in brackets what the project area covers, Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 93-21, declaring that a Project Area Committee is not necessary for Project Area No. 4; 2) by Minute Motion, endorse the proposed Citizen Participation Program. Motion was seconded by Snyder and carried by unanimous vote. D. IZEOUEST FOR APPROVAL OF AGREEMENT NO. C07270 WITH ROBERT BEIN, WILLIAM FROST, AND ASSOCIATES FOR PROFESSIONAL SERVICES REQUIRED IN THE GOLF CART TRANSPORTATION PROGRAM. Mr. Wohlmuth reviewed the staff report, noting that staff recommended approval of an agreement with this firm to do several things: 1) preparation of the annual report to the California State Assembly and Senate relative to the City's pilot program as required by Assembly Bill 1229; 2) obtain CalTrans and Federal Highway Traffic Control Devices Committee approval for the golf cart emblem; 3) monitor and track accidents, miles driven, energy consumed, etc.; and 4) develop a survey questionnaire for citizen input. In addition, Mr. Wohlmuth stated that the City had been asked by U.C. Davis and U.C. Berkeley to be a model for zero emissions vehicles, and U.C. David would be sending a team to Palm Desert. He said in discussing this with the consultant, there would be a potential reduction in the fee because of the work that U.C. Davis will do. Mr. Wohlmuth said staff would recommend entering into an agreement for these services and negotiating a final price in an amount not to exceed $16,600.00. Upon question by Councilman Snyder, Mr. Wohlmuth responded that the money would come from the Gas Tax Fund. He said $200,000 had been budgeted from the Gas Tax Funds, which must be used for street programs. Of that amount, approximately $50,000 had been spent to date, leaving approximately $150,000 in the budget. Councilman Wilson moved to, by Minute Motion, authorize the Mayor to execute Agreement No. C07270 with Robert Bein, William Front, and Associates in an amount not to exceed $ 16,600. Motion was seconded by Kelly and carried by unanimous vote of the Council. E. INFORMATIONAL ITEMS: 1. Colony CableVision Update. Mr. Ortega noted the report in the packets relative to complaints. In addition, he said comments had been submitted relative to how we would see that rates be regulated. He said there were provisions, if we are to request to have the authority to regulate, that we must file certain procedures which we will do. In addition, he said there is a 180-day period as soon as the regulations become available that we can request review of current rates if we feel they are not reasonable. He said staff is at this time 6 MINUTES REGULAR PALM DESERT CI1 : COUNCIL MEETING • • • • • • • • s • • • • • • • • • • • • • • MARCH 11, 1993 • • • • • • • • • • • • • • • • • • • • • • doing research to look at what the rates are and doing some comparisons with regard to some measurement criteria. He added that staff would be back before Council with a plan of action within the next two to three weeks. 2. Solid Waste Municipal Code Section 8.16.060 Modification for Construction Waste Exclusivity. Mr. Altman noted that a letter bad been received from Mr. Lavender of Waste Management requesting continuance of this item to the meeting of March 25, 1993. Councilman Crites moved to continue this matter to the meeting of March 25, 1993. Motion was seconded by Kelly and carried by unanimous vote. 3. Update on SpringFest '93. Mr. Shillcock stated that a detailed status report had been received today and distributed to Council. MS. CHRISTINE KUTT reviewed the report, noting that several changes had been made since the original proposal, including awarding $1,000 cash prizes for category winners and a $5,000 grand prize. She noted that a full media advertising plan would be submitted with the next tea days. Upon question by Mayor Benson, Ms. Kutt responded that of the sponsors listed in the report, only two were committed at this point; however, she was continuing to work very hard to secure commitments from the other sponsors. She added that she believed the total sponsorship would be approximately $19,500. Beason asked whether there was a contingency plan in cane the sponsors do not come through. Ms. Kurt responded that we are currently about S12,000 in the black based on the numbers in the report; if we get no sponsorship revenue, we should break even. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT NO. C07280 FOR FUNDING AND CONSTRUCTION OF A JOINT LIBRARY BUILDING. Mr. Ortega reviewed the memo in the packets, noting that finding would be done by the Redevelopment Agency and that the agreement had provisions for the Agency to be reimbursed by the County and College of the Desert. He said the State budget issue continues to be a concern. Councilmen Kelly stated that the City's concern with the County was not capital but rather was with operational expenses because all of the capital is with the Redevelopment Agency pass -through for both the College and the County. As far as , 6-; , there would be no problem, and the City's concern was that the County would not have the funds to operate the library after it is built. He asked what would happen if we move ahead and find out that the Canty cannot operate it. Mr. Altman suggested that Council approve it contingent upon the funding sources remaining like it is. He said there was a State Library Fund, and with that money, the library could be operated. He added that we would not start crannietion until that issue is cleared by the State. Mr. Ortega stated he felt we would know for certain what the State budget situation is before a contract is awarded. 7 MINL' TES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites moved to, by Minute Motion, approve Cooperative Agreement No. C07280 with the Redevelopment Agency, the County of Riverside, and the Desert Community College District for the funding construction and operation of the Regional Library, contingent upon operational funding sources remaining the same. Motion was seconded by Snyder and carried by unanimous vote. B. REQUEST FOR AWARD OF CONTRACT NO. C06610 FOR CONSTRUCTION OF THE IRONWOOD PARK. Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Wilson asked what the architect's estimate was, and Mr. Gibson responded that S450,000 had been budgeted for this project. Mayor Benson stated she would like to see the plans prior to voting on this matter. Mr. Folkers responded that he would make them available to Council during the dinner hour if they wished to look at them. Councilman Wilson suggested holding this matter until the 7:00 p.m. portion of the meeting to give Council time to look at the plans before voting. Council concurred. Following Council's brief review of the plans at 9:15 p.m., Councilman Wilson moved to, by Minute Motion, authorize the Mayor to execute Contract No. C06610 with Kretz Construction Company in the amount of $383,100 and authorize a 10% contingency in the amount of S38,310, with the understanding that Councilmembers will review the plans during the next few days and have the right to call it back if they have problems with it. Motion was seconded by Snyder and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Power Outage at Civic Centeq Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote. Mr. Altman noted the report from Mr. Folkers explaining the power outage to the Civic Center early this morning and that the cause had been traced to the contractor who did the landscape work at the Civic Center. He requested authorization to repair the damage in an amount not to exceed S35,000 and that the City Attorney be directed to pursue reimbursement for these repairs from the contractor, Weataccape. Councilman Snyder moved to, by Minute Motion: 1) Authorize the repair work in the amount not to exceed S35,000; 2) direct the City Attorney to pursue reimbursement from the responsible party, Westscape. Motion was seconded by Cntes and carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time pursuant to Government Code Section 54956.9 (a), Existing Litigation (Shearson Lehman v. Palm Desert - Wymer). 8 MINUTES REGULAR PALM DESERT CT COUNCIL MEETING • to • • * • • • • • • • a • • • * • • • * • • • • • • to pay C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council IRpauests for Action: MARCH 11, 1993 • - • • • • • • • • • • • • • • • 1. REOUEST fOR APPROVAL of Funding for Historical Society Exhibit. Mayor Benson noted the memorandum in the packets and offered to answer any questions. She said the Chamber of Commerce continues to receive calls asking when the building will be open and what will be in it. She noted that the restore fire engine in there and that the Historical Society was working on a docent program in order to have the building open a few days a week until such time as it can be open on a full time basis. Councilman Kelly moved to, by Minute Motion, approve the request and appropriate an amount not to exceed $7,000 for the Historical Society Exhibit. Motion was seconded by Crites and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Kelly stated that at its conference and general membership meeting today, SCAG had appointed him to a seven -member ad hoc appointment committee. He said tomorrow the general membership would put the stamp of approval on the new bylaws and reorganization of SCAG, which would be a historical step for this organization. 2. Councilman Wilson reported that at its last meeting, the Council approved a contract with Barry Goodman for the Peoplemover project. This approval was contingent upon Councilman Wilson and Mr. Ortega meeting with some people in the Department of Transportation in Washington, D.C. He said Mr. Goodman had been instrumental in setting up these meetings and that they had gotten a lot of information from them. One thing they learned was that all of the special money had been earmarked by Congress for their special projects, and there were some suggestions we talk to our legislator to get some of the earmarked money. He said they had gotten some good ideas on strategy, on some of the opportunities that are available that the new administration and the Department of Transportation is looking at, such as turnkey construction operation where they encourage making the people involved responsible rather than the agency. He noted that he had heard several times from the three different people they met with about the need to have in place an . . . , , , al a , . w , . , t so that we are ready to move quickly and be able to implement the project. He added that he felt we should execute the contact with Barry Goodman and also go back and restrategizs the whole approach based on the information. He said he felt the Council should execute the contract and once Mr. Goodman brings back a strategy, consider moving forward with the environmental s t of the project. Mr. Ortega added that their new technology chief was very enthused about the City possibly building a charging facility. He suggested that we also follow up on that because we may be able to get the money to build such a facility. Councilman Wilson stated that they had dinner with Mr. Larry Schulman, who is in charge of the technological innovative area. He said the more they talked about the golf cart program, the electric bus, etc., the more he became interested in our Peoplemover system as perhaps a demonstration project because of our track record. He suggested that Mr. Wohlmuth work with Mr. Ortega to put together a package on our golf carts and electric bus and send it to Mr. Schulman as a follow-up to the meeting. Councilman Kelly added that he serves on the committee for the two-day conference that CVAG will be hosting in October, with the whole effort on soaking the Coachella Valley a demonstration area for different types of transportation and fuel. He said one of the reasons they were so successful 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • in selling that was because they were using Palm Desert and the things the City is doing in order to attract people to the conference. 3. Mayor Benson reported that she was in Sacramento yesterday to have dinner with Mr. Joe Gonsalvez, the City's Legislative Advocate, and had also met with Senator Kelley. She said she had also spoken with Steven Schwartz, Assemblywoman Julie Bornstein's aide, who asked that she advise Council that she was entering a bill on local jobs for local people. He said the bill could still be amended if there is anything the City wants to see in it. XIV. ORAL COMMUNICATIONS - B None Councilman Wilson moved to adjourn to Closed Session at 5:15 p.m. for the purpose as stated by the City Attorney, said Closed Session to immediately follow the Redevelopment Agency meeting. Motion was seconded by Crites 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 None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS NOTE: Itens B and C were considered and action taken following the public hearings. A. PRESENTATION TO WESTINGHOUSE DESERT COMMUNITIES. INC. FOR ITS INVALUABLE CONTRIBUTION AS HOST TO THE COACHELLA VALLEY MOUNTAINS CONSERVANCY'S "MOUNTAINS CLASSIC" GOLF TOURNAMENT. Mayor Benson presented Mr. Carl Cardinalli of Westinghouse a framed print of the mural hanging in the Council Chamber On behalf of the City Council, Santa Rosa Mountains Scenic Area Committee, and the Mountains Conservancy, she expressed appreciation to Westinghouse for hosting the recent Mountains Conservancy Golf Tournament. Councilman Crites also thanked Mr. Cardinalli on behalf of the Bureau of Land Management, National Scenic Area, and the Mountains Conservancy and noted that it could never be said that Westinghouse was anything but cooperative in doing everything it could to preserve our natural mountain land. B. APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF RANDALL WHITE. Councilman Wilson stated that all three applicants had submitted good responses to the questionnaires sent to them, and he felt it was critical to make an appointment to the Planning Commission as quickly as possible due to the projects coming before the Commission. Councilman Crites agreed and suggested that Council appoint Mr. Paul Beaty to fill this vacancy. 10 MTIYtTTES REGULAR PALM DESERT C: COUNCIL MEETING • • • • • • • • • • • • •-• • • • • • • • • • • • • • s • T. MARCH 11, 1993 • • • • • • • • • a • • • • • Councilman Wilson stated he would support this appointment and felt Mr. Beaty would come to the Commission without much potential conflict of interest. He added that Mr. Beaty was a long-time resident and had been active in the community in a variety of other ways, including the County School Selection Committee. Mayor Beason added that she would also support this appointment because he would bring with him a different perspective. Councilmen Snyder moved to, by Minute Motion, appoint Mr. Paul Beaty to the Planning Commission to fill the vacancy created by the resignation of Randall White. Motion was seconded by Wilson and carried by unanimous vote. C. APPOINTMENT TO THE PARK & RECREATION COMMISSION TO FILL THE TWO NEWLY CREATED POSITIONS ON THE COMMISSION, Upon question by Councilman Crites, Mrs. Gilligan responded that the Alternate Member, Dennis Orsborne, had been appointed by Council to fill the vacancy created by the resignation of Randall White; this request was to fill the two new positions created when Council expanded the membership from five to seven. She added that when the ordinance was prepared to increase the membership, it did not include an alternate position. Upon question by Councilman Wilson, Crites responded that Council had interviewed the following individuals: Patricia McLarand (to be appointed to the Civic Arts Committee to fill the next vacancy); Donna Peat; Lisa Bake (appointed to the Sister City Committee on January 14, 1993); Maria Neatherton; Paul Beaty; David Councilman n Wilson said he felt Donna Peat, Maria Neatherton, and David Eslinger were the ones Council agreed should be appointed to this committee. He added that he thought the goal was to expand the Committee, have a variety of citizens participate, and give them more authority to move forward. Councilman Kelly moved to, by Minute Motion: 1) Incraae the number of members on the Parks & Recreation Commission to eight; 2) appoint Dona Pat, Maria Neatherton, and David Edinger to the Parks & Recreation Commission to fill the three new positions; 3) direct staff to prepare a resolution amendment increasing the size of the Commission. Motion was seconded by Wilson and carried by nn thnous vote. XVM. PUBLIC HEARINGS A. jtEOUEST FOR APPROVAL, OF CHANGE OF ZONE, PRECISE PLAN OF DESIGN, TENTATIVE PARCEL MAP, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 726,790 SQUARE FOOT RETAIIJCOMMERCIAL CENTER AT THE NORTHWEST CORNER OF COUNTRY CLUB DRIVE AND COOK STREET, Cook Partners Limited putneei hig Care Nos. C.0 92-4. PP 92-6. PM 27400 (Continued from the Meetings of November 12 and December 17, 1992, January 14, and February 25, 1993). Mr. Steve Smith reviewed the staff report, noting that since the February 25th meeting several changes had been made to the plan He aid that at the conclusion of the March 2nd meeting between representatives from the Council, staff, the developer, and homeowners associations, the major stumbling block seemed to be the inclusion of the thestet. A letter had subeequently been received from the developer, Mr. Carver, indicating he wished to delete the theater at this time; if he was unable to secure a third major tenant after at least one year of searching, he wished to have the ability to make application for the theater use. He stated that the Architectural Review Commission had very reluctantly gone along with the revised architectural theme and had speed to do son only became it was the wish of the residents of the area. He reviewed additional conditions of approval (Nos. 21 through 26) included in his report dated March 9, 1993, as well u clarification of Public Works Condition No. 15. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • Mr. Smith stated that staffs recommendation was that Council adopt Ordinance No. 122 approving the Change of Zone, adopt Resolution No. 93-16 approving the precise plan of design subject to conditions contained in the Resolution plus conditions Nos. 21 through 26 and clarification of Public Works Condition No. 15, and adopt Resolution No. 93-17, approving Parcel Map 27400 subject to conditions contained therein. He said staff felt the conditions addressed most of the concerns that have arisen with regard to this project. Mayor Benson noted the public hearing was still -ep and invited testimony in OPPOSITION to this project. The following individuals were opposed because of the limited amount of time they had to review the project, because they were not aware of the long-range Master Plan for this area of the City, were opposed to the theaters and sports bar, were concerned about potential increase in crime rate, traffic and pollution, reduction of residential property values, felt the developer should not have the additional 5.7 acres of land rezoned from residential to commercial and instead should only use the 20 acres currently zoned for commercial, felt the size of the buildings overwhelmed the site, and were opposed to the 45-foot towers which they felt would affect the view. DR. ISAAC JAKUBOWICZ, 142 Desert Falls Drive East. MS. TILLIE JACOBSON, 140 Desert Falls Drive East. MR. FRANK NOCERA, 709 Vista Lago Circle North. MRS. JOSEPHINE MELIDEO, 404 Cypress Point Drive. MRS. ROSEMARIE NOCERA, 709 Vista Lego Circle North. MR. ED ETHEL, 310 Running Spring, stated that there were six areas of concern at the beginning which Mr. Carver had addressed and for which he had come up with solutions, including traffic, parking, density, setbacks, safety, and ambience. He said Mr. Carver had eliminated the objectionable lighting and had abandoned the "garish architecture' in favor of a Spanish type architecture. In addition, Mr. Carver would be installing screen walls to screen the parking lots from view from Country Club Drive and Cook Street. He stated that the group he represented withdrew its primary objection so long as the conditions and restrictions are imposed as they understood them. MR. TOM KENDALL, 205 Green Mountain Drive, The Lakes, submitted petitions signed by over 300 residents of The Lakes (on file and of record in the City Clerk's Office) requesting that Council deny the rezoning of the 5.7 acres unless the theaters, sports bar, fast food outlets, and arcades be prohibited in the development and that Council also prohibit any future theaters in that center. MS. CAROLINE KNIGHTS, Desert Falls. MRS. RHODA LIPOFF. MR. ERNIE MIEHLE, Avondale, 39-740 Tandika Trail, addressed Council with a concern that he felt a major part of the opposition was based on racism in that the phrase "they will come" was continually being used, and he wondered who 'they' were. He said he felt very strongly that we should have the kind of shopping center proposed, with the deletion of the theaters. He noted a construction yard at the corner of Cook/Country Club for the developer of Desert Falls, said he felt it was unsightly, and asked why no one questioned when the developer of Desert Falls would remove it. JUDGE ARNOLD H. EINBINDER, 549 Desert Falls Drive East. MR. DAVID SPRIGGS, Silver Sands Racquet Club, thanked the Mayor and Councilmember Benson for having the extra meetings and listening to the people. He said this showed that government does work the way it is supposed to. MRS. NITA NIEWALD, Desert Falls Courtyards, read and submitted a prepared statement in opposition (attached hereto and made a part hereof as Exhibit "A"). MR. MADDY CARARO, Desert Falls Courtyards. 12 ari tsl IU ( � REGULAR PALM DESERT ` Y COUNCIL MEETING • • • • • • • • • • • , • • • • • • • • • • MARCH 11, 1993 • • • • • • • • • • • • • • • • • • • • • • MS. KAY PHELPS, 217 Vista Royale Circle West, submitted a petition from Desert Falls residents in opposition to the rezoning and the theaters (on file and of record in the City Clerk's Office). MR. LEONARD NIEWALD, Desert Falls. MR. PAUL REIMER, The Lakes. MR. BERNIE LIPOFF, 76-557 Daffodil Drive, Palm Valley. MS. RENEE MORLEY, Courtyards. Mayor Beason invited testimony in FAVOR of this project. MR. BILL CARVER, developer of the project, stated Mr. Ethel had fairly well outlined what he had tried to do through the put several months. He said he had tried to do everything within his power to make the project something the community would like. Mayor Beason declared the public hearing along. Councilman Crites stated he felt the request to rezone needed to have a stroeg rationale, needed to be essential, asyd also needed to have a modicum of community support, and he did not find a compelling reason to change the zone. He agreed with those who were concerned about Cook Street and Country Club Drive getting busier because he said all of the acreage north of this area will eventually become homes, parks, shopping areas, etc. He asked staff whether the Council could legally request that this center be built without theaters forever. He expressed concern that only a minimal amount of time had been spent discussing the architecture, art, and all the things that make a curter attractive, and he said he would be reluctant to take any final action without any (Wails on this issue. He also .. ,, . i concern with the look of the center from the street and felt it would still look like the backs of buildings. Councilman Kelly said be felt strongly that if the zoning is going to be changed from residential to commercial, the community should get . , . l . , g back to compensate for that change of zone. He agreed with the residents that there should be no theater, and he said he felt strongly that the City a6ould have an ordinance requiring that any requests for theaters anywhere in the City must go through the public hearing process in order to allow for public input. He said the developer has certain rights by law, and the Council must respect both that law and the input from the community. He felt a good . .. , w66.116 would be to trade the theaters for the rezoning, approve the rezoning but delete the theaters forever and not allow the developer to come back at a later date requesting approval. He , . .1 concern with the architecture and mid he did not particularly like it before it was champed; however, be did like the towers and felt they made the project look different from all the others. He added that it .awned the developer was willing to do whatever was asked of him with regard to the architects e. Councilmen Wilson skated that the two issues were: 1) movie theaters; and 2) request for change of zone. He said he did not think it was clear to the audience what the legal ramifications were; if it were not for the request for zoning change, this project would probably not even have come before Council because the other 20 acres were already zoned c... .„ Al, and the developer could have put in anything allowed in the commercial zoning. He said one argument in favor was that it would allow for the large grocery store to be set back further from Country Club; not rezoning tie 5.7 acres would mean the store would be closer to the street. He said an argument in opposition was one the Council had adhered to often — the Council is very reluctant to change the zoning just for the sake of change, and there needs to be a compelling reason. He noted that if the Council rejects the change of zone, the developer would than go back and go through the process of presenting a development plan for the 20 acres; the Council would not then have the opportunity to have conditions 21 through 26 placed on the project. If the Council approves the change of none with the additional conditions, he said he would like to see condition 121 read as follows: "That a theater use shall not be permitted in this center." This would delete the proviso that the developer could come bock in a year if he is unable to secure a third major tenant. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder agreed with Wilson. He said that while many of the points brought up during the public hearing were valid, the Council must listen not just to a small group in a small area but to the people in the entire City. He agreed there should be no theater but felt the zone change should be approved as a compromise. Mayor Benson agreed with both Snyder and Wilson and said we should be proud of what has happened to the City of Palm Desert over the past 20 years, and it is because the Council is very concerned with what development takes place. She agreed the theater uae should not be allowed. She said she was disappointed because she had heard the people in the past several meetings say they wanted a plain center, not a fancy one; now there were complaints that it looked like every other center in the Valley. She said she felt Mr. Carver was one of the best developers in the City, one who has stayed in the area and put his money here; he is not one to come in and take advantage of the City and then leave. She agreed that there should be a compromise with the zone change and the theater. Upon question by Councilman Kelly, Mr. Erwin responded that the zone change was a legislative decision and was discretionary based on the record before the Council. He said there was sufficient evidence in the packets to support that rezoning decision; there was also sufficient information to deny it. If it were left as a 20-acre project, the Council would not necessarily have the leverage to require the additional conditions. Councilman Crites noted Palm Desert Municipal Code Section 25.30.020 which defines uses permitted by approved precise plan or conditional use permit for a district commercial center (PC2),including theater and amusement arcades. He asked whether this section indicated a person has the right to apply for those uses or if a person has the right to actually use the property in one of those specific ways as a matter of course. Mr. Erwin responded that a person would have to apply for the use; however, he did not think it would come to Council unless appealed or called up. Councilman Crites asked whether Council could say yea or nay to any of the uses listed, and Mr. Erwin responded that there would have to be justification. Councilman Wilson moved to: 1) Waive further reading and adopt Ordinance No. ¢22, approving a change of zone, C/Z 92-4,; 2) waive further reading and adopt Resolution No. 93-16, approving a precise plan of design, PP 92-6, subject to conditions, with additional conditions as outlined in staffs report dated March 9, 1993, with condition S21 amended to delete all wording after "That a theater use shall not be permitted in this center' to ensure that theater use is not permitted in this center; 3) waive further reading and adopt Resolution No. 93-17, approving a parcel map, PM 27400, subject to conditions. Motion was seconded by Snyder. Councilman Crites asked Wilson if the motion gave approval to the architectural design of the center and the towers. Councilman Wilson asked staff to address this question. Mr. Smith stated that the plans before Council would go through the Architectural Review Commission several more times and that the developer would make working drawings; however, they would be essentially as seen at this time. Councilman Kelly suggested that the motion be amended to have the architectural design of the center referred to the Architectural Review Commission and that it then come back to Council for approval. Councilmembers Wilson and Snyder agreed. Councilman Crites stated he would be voting no on the motion. He agreed with Mayor Benson's comments about the developer and said he felt Mr. Carver was a good developer and had been a good friend to the City. However, he said he did not find enough reason for the rezoning and felt the center could be done within the existing 20 acres. Mayor Benson called for the vote. Motion carried by a 4-1 vote, with Councilman Crites voting NO. 14 MINUTES REGULAR PALM DESERT Cl COUNCIL MEETING MARCH 11, 1993 • • • • • • • • • • • • iv • • • • • • • • • • • * • • • • • • • • • • • • • • • • • • • Mayor Benson called a recess at 8:45 p.m. and reconvened the meeting at 8:50 p.m. B. REOUEST FOR CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT CIVIC CENTER PARR PLAN TO ALLOW CONSTRUCTION OF A PEDESTRIAN BRIDGE ACROSS THE SAN PASCUAL CHANNEL TO BE LOCATED ON THE SOUTH SIDE OF KRUG AVENUE. Mr. Drell reviewed the staff report and offered to answer any questions. Mayor Benson declared the public hearing gtog and invited testimony in FAVOR of or OPPOSED to this request. MS. SUE FAIRFIELD, 43-680 San Pascual, asked for clarification as to the location of the bridge. Mr. Drell explained that it would align with the south side of Krug. MS. BARBARA PRESENT, Rutledge Way, asked about the continuation of the sidewalk. Mr. Drell responded that staff would have to look into the matter of the sidewalk. He added that there would be a crosswalk and that staff would be studying the need for a stop aign. Upon question by Ms. Present as to when this would be done, Mr. Altman responded that staff would come back to the Council with a timetable. With no further testimony offered, Mayor Benson declared the public bearing Agog!. Councilman Crites moved to waive further reading and adopt Resolution No. 93-22, approving an amendment to the Palm Desert Civic Center Park Plan calling for the construction of a pedestrian bridge across the San Pascual Channel, connecting the park with the developed residential areas east of San Pascual Avenue, located on the south side of Krug Avenue. Motion was seconded by Wilson and carried by unanimous vote. C. REOUEST FOR APPROVAL OF AMENDMENTS TO SECTIONS 25.70.120(C) AND 25.86.020 OF THE PALM DESERT MUNICIPAL CODE. Mr. Drell reviewed the staff report, noting that these were two clean-up ordinances as proposed by the City Attorney and that they were merely to clarify the review period on appeals of Architectural Review Commission decisions to the City Council and to delete the old term 'Design Review Board". Mayor Benson declared the public baring jam and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and she declared the public hearing Agog. Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 709 to second reading, amending Section 25.70.120(C) of the Municipal Code to clarify the time in which an appeal may be made from the decision of the Architectural Review Commission; 2) waive further reading and peas Ordinance No. 710 to second reading, amending Section 25.86.020 of the Municipal Code to delete any reference in the title of that section to 'The Design Review Board'. Motion was seconded by Snyder and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None 15 DES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1993 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 9:30 p.m. ATTEST: SHEILA R. GILLIGAN, CITY C CITY OF PALM DESERT, CALZFQRNIA M. BENSON, MAYOR 16