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HomeMy WebLinkAbout1993-05-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 27, 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 Richard S. Kelly IV. ROLL CALL Present: 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 Mary P. Frazier, Deputy City Clerk Carlos L. Ortega, ACM/Executive Director of Redevelopment Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Gibson, Finance Director/City Treasurer Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources Ken Weller, Emergency Services Coordinator John Wohlmuth, Environmental Conservation Manager Catherine Sass, Community Arts Manager Larry McAllister, General Services/Purchasing Officer V. CONSENT CALENDAR A. _MINUTES of the Regular City Council Meeting of May 13, 1993. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 44A, 49A, and 50. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by S. B. Restaurant Co. for Elephant Bar Restaurant, 73-833 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Elaine and Richard Kirkpatrick for Hot Pocket Family Billiards II, 74-124 Highway 111, Palm Desert. Rec: Refer to Department of Community Development for processing of Conditional Use Permit. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Shirley Aron and Cindy Aron Clark for Nate's Deli, 72-281 Highway 111, Palm Desert. Rec: Refer to Department of Community Development for processing of Conditional Use Permit. F. PRELIMINARY SCHEDULE OF INVESTMENTS as of April 30, 1993. Rec: Receive and file. G. RESOLUTION NO. 93-40 - 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 (April, 1993). Rec: Waive further reading and adopt. H. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Traffic Signal Installations at Country Drive and Oasis/Tamarisk Row and at Portola Avenue and Quicksilver (Contract No. C07460). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of new traffic signals at the intersections of: 1) Country Club and Oasis/Tamarisk Lane; and 2) Portola Avenue and Quicksilver. 2 MINUTES REGULAR PALM DESER .ITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * s * * * * * * * * * * * * * i * * * * * * * * * * * * I. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Above Ground Fuel Tanks (Contact No. C07470). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for above ground fuel tanks and related pump equipment for the new Public Works Corporation Yard facility (Contract No. C074701. J. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids to Construct the Highway 111/Sage Lane Intersection Improvements (Contract No. C07480). Rec: By Minute Motion: 1) Review the staff report and recommendations; 2) authorize the City Clerk to advertise and call for bids for the construction of the project (Contract No. C07480). K. REOUEST FOR EXPANSION of Contract Street Sweeping Services for Commercial Routes South of the Whitewater Channel (Contract No. C05200). Rec: By Minute Motion, expand the contract street sweeping service with Quality Street Services to include an additional 82.1 curb miles each week at a rate of $16.50 per curb mile. L. REQUEST FOR APPROVAL of Final Tract Map 24984-2 (Sunlite Development, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 93-41, approving Tract Map 24984-2. M. CONSIDERATION OF REQUEST for Vacation of Street Right -of -Way - Fairhaven Drive North of San Juan Avenue. Rec: Waive further reading and adopt Resolution No. 93-42, setting a public hearing to consider the street vacation request. N. REQUEST FOR APPROVAL of Annexation to County Service Area (CSA) 152 - N.P. D. E. S . Program Funding. Rec: Waive further reading and adopt Resolution No. 93-43, requesting LAFCO to initiate proceedings to annex the City of Palm Desert into Riverside County Service Area (CSA) 152, commencing with fiscal year 1994/95. O. REOUEST FOR APPROVAL of Sunline Transit Agency Joint Powers Agreement - Licensing and Regulating Taxicabs (Contract No. C07490). Rec: By Minute Motion, approve the new Sunline Transit Agency Joint Powers Agreement (Contract No. C07490). 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. RESOLUTION NO. 93-44 - A Resolution of the City Council of the City of Palm Desert, California, Establishing a Graffiti Reward to any Person(s) Providing Information Leading to the Arrest of any Person(s) Caught in the Act of Graffiti Vandalism. Rec: Waive further reading and adopt. Q. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Intersection Modification - Highway 111 and San Pablo (Contract No. C07500). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the modification of the intersection of Highway 111 and San Pablo to add dedicated southbound left and right turn lanes. R. REQUEST FOR CONSIDRATION of Highway 74 and Haystack Road Intersection Signalization (Contract No. C07510). Rec: By Minute Motion, concur with the staff report and recommendations and authorize staff to receive proposals for the subject project from selected qualified engineering firms. S. REQUEST FOR WAIVER of Building Permit and Electrical Permit Fees for Electric Charging Station. Rec: By Minute Motion, waive the building permit and electrical permit fees for a public electric charging station at the Town Center Mall. T. REOUEST FOR APPROVAL of Ratification of Resolutions Declaring a State of Local Emergency. Rec: By Minute Motion, ratify the adoption of Resolution Nos. 93-25 and 93-37. Councilman Crites removed Items J Items Held Over, of the Agenda discussion. Upon motion by Kelly, second by Wilson, presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None and R for separate discussion under Section IX, Consent . Mayor Benson also removed Item 0 for separate the remainder of the Consent Calendar was approved as 4 Mrs, LTES REGULAR PALM DESER. 'ITY COUNCIL MEETLNG MAY 27, 1993 * * * * * * * * * * *-_. * * * * * * * * * * * * * * * * * * * * * * * * * VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 719 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 9.40.010 AND 9.40.060; DELETING SECTION 9.40.030; AND ADDING SECTIONS 9.40.005, 9.40.025, 9.40.035, 9.40.045, 9.40.065, 9.40.075, AND 9.40.080 TO CHAPTER 9.40 OF TITLE 9 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO GRAFFITI. Mr. Allen reviewed the staff report, noting that staff had been requested to revise the graffiti ordinance to make it stronger. He stated that some of the language in the ordinance was taken from the City of Anaheim. Section 9.40.025 relative to storage and display of aerosol paint containers was included so that establishments selling said containers as well as others designated in the ordinance are required to have them in areas that are viewable by but not accessible to the public. He offered to answer any questions. Mayor Benson asked whether a copy of this ordinance would be distributed to everyone who sells the products so they will know of the requirement to lock up these items. Mr. Allen responded that staff would do so. Councilman Crites asked that a copy of the ordinance be provided to the retailers between now and second reading of the ordinance. Council concurred. Councilman Crites moved to waive further reading and pass Ordinance No. 719 to second reading. Motion was seconded by Kelly and carried by unanimous vote of the Council. For Adoption: A. Q$DINANC$ NO. 716 - 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 (Country Club Drive between Eldorado Drive and Oasis Club Drive). Mr. Altman stated that no changes had been made to this ordinance since its introduction, and he recommended adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 716. Motion was seconded by Kelly and carried by unanimous vote. 5 MIMTFS REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 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 B. ORDINANCE NO, 717 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTION 8.16.060 PERTAINING TO HAULING PERMIT - EXEMPTION, SPECIFICALLY ADDRESSING CONSTRUCTION DEBRIS COLLECTION. Mr. Altman stated that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Crites noted that a letter had been received from Mr. Ken Stendell relative to this issue. Councilman Kelly moved to waive further reading and adopt Ordinance No. 717. Councilman Crites seconded the motion but stated that one of the things requested by Mr. Stendell was that the City reconsider the Building Department's requirement of having a dumpster at every construction job site. He said this was so that if people did not choose to do that, they could instead contract with a waste hauler as an option. He asked if this was something that could be done. Mr. Wohlmuth responded that this is something that could be looked at and discussed with Mr. Conlon. He said that in terms of the request, we have containerized bins that we require now; the other option is that their own employees and equipment can clean up a construction site or they can retain a subcontractor to clean the site. He added that it was not the intent of this ordinance to not allow contractors to clean up their sites, and it was only to clean up the language in terms of containerized bins and County certified haulers. He said staff would have to work out the language with the Building Department relative to the requirement for containerized bins. Councilman Crites asked that Mr. Wohlmuth look into this and get back to Mr. Stendell. Council concurred. Mayor Benson called for the vote. Motion carried by a 3-2 vote, with Councilman Wilson and Mayor Benson voting NO. C. ORDINANCE NO. 711- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF ZONE FROM SINGLE FAMILY RESIDENTIAL (R-1) TO OFFICE PROFESSIONAL (O.P.) AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND SAN LUIS DRIVE (case No. C/Z93-2, Frank Miller, applicant). Mr. Altman noted that no changes had been made to this ordinance since first reading,a nd he recommended its adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 718. Motion was seconded by Snyder. 6 ti1L'L I L, REGULAR PALM DESER^ 1TY COUNCIL MEETM MAY 27, 1993 * * * * * * * * * * * _ * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites asked if Planning staff knew whether or not the additional requirements that Council added to this project had been included in the document. Mr. Diaz responded that the conditions were on the Precise Plan and that they were being met. Mayor Benson called for the vote. Motion carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER J. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids to Construct the Highway 111/Sage Lane Intersection Improvements (Contract No. C07480). Mayor Benson stated that it had been several years since Council saw the plans for the superblock at Sage and that she did not remember what it looks like and what is actually being done. Mr. Folkers explained the improvements that would be done to this intersection and said he would be happy to provide Council with copies of the plans. Councilman Crites stated he would also like to look at the plans and asked that this item be held until later in the meeting. Following the completion of the items scheduled for the 4:00 p.m. session, Mr. Folkers provided the Council with the plans for this area. Councilman Snyder moved to, by Minute Motion: 1) Review the staff report and recommendations; 2) authorize the City Clerk to advertise and call for bids for the construction of the project (Contract No. C07480). Motion was seconded by Kelly and carried by unanimous vote. O. REQUEST FOR APPROVAL of Sunline Transit Agency Joint Powers Agreement - Licensing and Regulating Taxicabs (Contract No. C07490). Mayor Benson questioned a statement in the staff report that the main purpose of the agreement as to establish a public entity known as the "Sunline Services Group" for the purpose of licensing and regulating taxicab services. She asked whether this was just for the taxicabs or whether there would be service groups for graffiti and other things. Councilman Kelly responded that this was just the Joint Powers Agreement so that we have the authority to administer the taxicabs. Mr. Erwin added that there was concern about whether we could get into other areas or not. Rather than amending the taxicab part, we basically are getting to a different process of doing it so that we have one agreement that says there can be service groups, but then each service 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * group, each area that you get into will have a separate memorandum of understanding that does not require participation of all of the agencies. Councilman Kelly moved to, by Minute Motion, approve the new Sunline Transit Agency Joint Powers Agreement (Contract No. C07490). Motion was seconded by Crites and carried by unanimous vote. R. REQUEST FOR CONSIDERATION of Highway 74 and Haystack Road Intersection Signalization (Contract No. C07510). Mayor Benson asked how this proposed signal was going to work. Mr. Folkers responded that it would be an actuated signal at this intersection. Councilman Wilson stated he had wanted this item removed from the Consent Calendar so that he could vote against it. He said he was not sure a signal was needed there for traffic that occurs only once a week and occasionally twice a week. Councilman Crites stated he was also going to vote against this. He said he felt that aside from a three-hour period on Sunday mornings during five months of the year, there is no traffic problem at that intersection. He felt the rest of the time this signal would only obstruct and slow the traffic. Councilman Kelly stated he had received many inquiries from citizens as to why there is not a signal at this intersection, and he felt it would not hinder the traffic because it would be an actuated signal. He added that he felt it would slow down the speed of traffic on Highway 74, and that was the main reason he would vote in favor of the signal. Councilman Kelly moved to, by Minute Motion, concur with the staff report and recommendations and authorize staff to receive proposals for the subject project from selected qualified engineering firms. Motion was seconded by Snyder and carried by a 3-2 vote, with Councilmen Crites and Wilson voting NO. X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF INVESTMENT OF CITY OF PALM DESERT MONIES IN THE COUNTY TREASURY POOL INVESTMENT FUND. Mr. Altman recommended that this matter be continued to the next meeting. Councilman Crites moved to continue this item to the meeting of June 10, 1993. Motion was seconded by Kelly and carried by unanimous vote. 8 ML`LTES REGULAR PALM DESER" ITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * . * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR CONSIDERATION OF COUNCILMEMBER LIAISON TO PARKS AND RECREATION COMMISSION. Councilman Kelly nominated Councilman Crites to serve as Council liaison to the Parks and Recreation Commission. Councilman Crites nominated Councilman Kelly to serve in the same capacity. Both Councilmembers agreed to serve as alternates to ensure that at least one Councilmember is present at each Parks and Recreation Commission meeting. With Council concurrence, Councilmen Crites and Kelly were selected to serve as Council liaison to the Parks and Recreation Commission. C. REOUEST FOR CONSIDERATION OF AN APPEAL OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST FOR A BUSINESS IDENTIFICATION SIGN AT 44-150 TOWN CENTER WAY, SUITE B-3 (Case No. 4117SA, Michaels Store, Inc., Appellant). Mr. Jeff Winklepleck, Associate Planner, reviewed the staff report, noting that the appellants' proposal was for a business identification sign which reads "Michaels" in seven -foot red channel letters. Also included in the request was six menu items to read "Frames Silk Flowers Weddings Crafts Art Supplies Party" in 18-inch red channel letters. The total proposed sign area was 341.5 square feet. He said this proposal did not comply with the approved sign program which allowed a maximum sign area of 87.5 square feet; in addition, the six proposed menu items exceeds the maximum of two as permitted by City Code. He added that both staff and the Architectural Review Commission felt the sign as proposed would detract from the architecture of the center and recommended that the appeal be denied and the appellant directed to meet all sign code requirements of the City and of the approved sign program for Town Center Plaza MR. DAVE CARDO, Sign Methods, 5300 Orange Avenue, Suite 115, Cypress, addressed Council on behalf of the appellant and stated that what they had proposed was the standard "Michaels" sign program which had been used in other stores throughout the United States. He said they felt the three-foot letter height limit was too small and said the company currently had a store in Rancho Cucamonga with the small signs which they would have to close. Councilman Crites stated that the City requires approval of an integrated sign program in all centers before the centers even get started, and that was the case for this center. Councilman Snyder said he felt the appellant should review their proposal and go back to the Architectural Review commission to find a way to work things out. He added that he could not approve the program as submitted. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Benson agreed and said this was a nice looking center and she could see no reason to bend the rules and allow the sign as proposed. MR. MIKE ENGLAND, Real Estate Manager for Michaels Stores, addressed Council and stated that not having the additional subcopy beneath the Michaels sign would limit their sales potential. He said they needed to give customers an idea of what the store contains. Councilman Wilson stated that the purpose of signs is to identify the business, and the City would expect that businesses would use newspapers and the media for proper advertising. Councilman Wilson moved to, by Minute Motion, deny the appeal and direct the applicant to meet all Sign Code requirements of the City and of the approved sign program for Town Center Plaza. Motion was seconded by Crites and carried by unanimous vote. D. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the memorandum in the packets relative to complaints received. In addition, he reported that Administrative Assistant Ray Janes had attended a seminar regarding how the City will be eligible to regulate rates. He said there would be forms to submit to the Federal Communications Commission; in addition, there is a 180-day period within which we can file any requests for determination of unreasonable rates. He said staff would be working on both of these items and would submit the required forms long before the 180-day period ends. 2. Status of Multi -Agency Library. Mr. Diaz reviewed the site plan for the proposed library (attached hereto and made a part hereof as Exhibit "A") and offered to answer any questions. Upon question by Councilman Kelly relative to the bus stop, Mr. Diaz stated that staff was hoping that Sunline would add an additional stop at the library, and the plans would include a turnout at that location. Councilman Kelly stated he did not feel Sunline would have any problem with that since the City would be putting in a turnout when the library is constructed. In response to questions by Councilman Wilson, Mr. Diaz stated that public parking would be to the south, and student parking would be on the north. He said there would be one main entrance that would provide the ability to have better security for the facility and also let people know that it is a public facility. Councilman Snyder commended Mr. Diaz and the Library Committee for their efforts in getting the library to this point. 10 MIN LEES REGULAR PALM DESER" 'ITY COUNCIL NIEETI G MAY 27, 1993 * * * * * * * * * * * —.. * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson asked whether the Committee liked the plans as shown by Mr. Diaz. Mr. Diaz responded that everyone on the Committee agreed with the plans and that the College of the Desert Board still needed to look at this particular layout. Councilman Kelly stated he liked the proposal. Upon question by Mayor Benson, Mr. Diaz responded that golf cart parking would be included. Mr. Ortega noted that if this is the site plan approved by Council, it will be included in the agreement as an exhibit. Councilman Snyder moved to, by Minute Motion, endorse the concept as outlined and shown by Mr. Diaz. Motion was seconded by Kelly and carried by unanimous vote of the Council. 3. Graffiti Program Followup. Mr. Allen noted that a press release had been sent out requesting volunteers for this program. He reviewed his memorandum dated May 27, 1993, noting that staff recommended that the volunteers be allowed to use the Code Enforcement vehicles in the evenings rather than using their own personal vehicles. This would show that the City is out in the community doing something about the graffiti. He added that he would come back at the next meeting with additional information on the program. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF THE GOODMAN CORPORATION CONTRACT FOR THE PALM DESERT PEOPLE MOVER SYSTEM. Mr. Altman stated that this was a request for clarification of Council action previously taken on this item and to find out what was the intent of the Council. Councilman Wilson stated that Council several months ago approved an $18,000 contract, with the additional option of doing the environmental work. He said the approval was in concept subject to a meeting with Department of Transportation officials on what our prospects are. He said he and Mr. Ortega had met with the Department of Transportation representatives and LA back to Council the feeling that Mr. Goodman had a good direction on what needed to be done and that the City should move forward if it is to get the necessary funding. He said he was not sure whether Council then approved the $18,000 or the entire program, and he recommended that the Council now move forward with the entire program. 11 MINUTES REGULAR PALM DESERT CITY COUNCLL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to, by Minute Motion, approve the contract between The Goodman Corporation and the City in the amount of $100,000 to accomplish the work regarding the Palm Desert People Mover System, authorize the City Manager to execute the agreement, and appropriate the funds from the People Mover Fees unobligated fund balance. Motion was seconded by Snyder and carried by unanimous vote. B. REOUEST FOR APPROVAL OF BUILDING ELEVATIONS AND LANDSCAPE PLANS FOR THE COMMERCIAL CENTER AT THE NORTHWEST CORNER OF COOK STREET AND COUNTRY CLUB DRIVE (Case No. PP92-6, Cook Partners Limited Partnership, Applicant). Mr. Steve Smith reviewed the staff report, noting that the change of zone, precise plan, and parcel map were approved by Council on March 11, 1993. At that time Council indicated it wished to see the landscape architectural plans before building permits are issued. He said the Architectural Review Commission had granted preliminary approval. He reviewed the architectural plans, noting the Ralphs tower had been lowered from 45 feet to 42 feet, and the end towers were reduced from 38 feet to 33 feet. In addition, the Payless tower was lowered from 44 feet to 38 1/2 feet, and the east end tower on Building J was lowered from 31 1/2 feet to 28 feet. Mr. Smith stated that the signs shown on the plans were illustrative only, had not been reviewed and approved, and that Council was not being asked to act on those at this time. He noted that the Architectural Review Commission had reviewed the landscape plans at its meeting of May 25, 1993, and had added some spandrel glass into certain exterior elevations so that the units would give a more retail effect from all sides. Councilman Crites asked whether staff was satisfied that the issue of looking at the back of a building from the front of a street had been solved with this project. Mr. Steve responded that the problem had been solved with this center. He said the spandrel glass had been added where it could be added. With regard to the landscape plan, Mr. Smith stated that the Architectural Review Commission had some concern with the east side of Building H, the proposed drug store unit, which is 24 feet high. He said the Commission asked the applicant to upscale the material along that side of the site from 24-inch to 36-inch. In addition, all of the planting adjacent to the building along Cook Street will be upsized similarly. He said the Commission was also concerned with the rear of the supermarket building and the drug store building and asked that the applicant add a planter across the north sides of both buildings to be planted with vines that will grow up the walls. He noted that at Buildings L and M, at the corner of Country Club and Cook Street, there were to be several planter areas with 24-inch material; the Commission asked that those planter areas be consolidated and that the size of the material be increased in order to make a better entry statement. Councilman Crites thanked Mr. Carver and the architect for their efforts and said he felt they had gone out of their way to do a good job in responding to issues and comments. 12 NfLNUTES REGULAR PALM DESER ITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * .* * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, approve the building elevations and landscape plans. Motion was seconded by Wilson and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reouests for Action: 1. Ms. Sass introduced Ron and Susan Evans, members of the College of the Desert Faculty and instructors in print making and ceramics. She stated the current exhibit of student work in the North Wing Gallery of the Civic Center would not have been possible without their hard work. Mayor Benson presented awards to the students: Charles Ellen for print making; Tim Jones for ceramics; Frances Cohn for print making; and Lynne Hopkins for ceramics. Mr. Evans thanked the Council on behalf of the Art Department for providing the opportunity to have such a wonderful show at the Civic Center. He said it had been a learning experience for both himself and Susan. He added that Ms. Sass was an excellent person to work with. o City Council Committee Reports: 1. Mayor Benson reported that the had attended the Palm Desert High School scholarship awards ceremony and that it was rewarding to see how may students received scholarships from the community, including students who received full scholarships to Stanford and Pepperdine. She said her counterpart for Student Government Day had received a $15,000 scholarship to Cornell University and early admittance. Councilman Kelly stated he had the privilege of being on the interview committee for Rotary and had to select 22 students out of 60 interviewed for scholarships. He said every one of them deserved a scholarship and that the 60 interviewed were outstanding students. 13 N1Esi TTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Mayor Benson reported that she had attended the Desert Beautiful luncheon and accepted an award on behalf of the City of Palm Desert. XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Benson recessed the meeting at 5:12 p.m. for dinner. She reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. REOUE$T FOR CONSIDERATION OF STREET IMPROVEMENTS ON THE NORTH SIDE OF COUNTRY CLUB DRIVE FROM WASHINGTON STREET WEST - ORDINANCE NO. 416 STREET WIDENING (CONTRACT NO. C07520). Mr. Folkers reviewed the staff report and recommendation. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and she declared the public hearing closed. Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 93-46 enabling the City to proceed with street improvements on the north side of Country Club Drive along undeveloped property from Washington Street west approximately 1,540 feet, as set forth in the Palm Desert Municipal Code, Chapter 12.20 (Ordinance No. 416); 2) By Minute Motion, authorize the City Clerk to advertise and call for bids for the construction of the subject project (Contract No. C07520); and 3) authorize the appropriation of $81,500 from the unobligated Street Reimbursement Fund (Ordinance No. 416) for the project. Motion was seconded by Kelly and carried by unanimous vote. 14 AIL\L lLs REGULAR PALL DESER—ITY COUNCIL MEETING \1AY 27. 1993 * * * * * * s s * * * s * * * * * * * * * * * * —. * * * * * * * * * * * * B. CONSIDERATION OF APPEAL OF A PLANNING COMMISSION DENIAL OF A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL TO PLANNED DISTRICT COMMERCIAL, CHANGE OF ZONE FROM PR-7 TO PC-2, PRECISE PLAN, PARCEL MAP, AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A 304,422 SQUARE FOOT RETAIL COMMERCIAL CENTER ON 39 ACRES AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE (Case No. GPA92-1. C/Z92-5. PP92-8. PM27634, Gatlin Development, Applicant). Mr. Diaz reviewed the staff report, noting that the Planning Commission had denied the application, and the applicant had appealed that denial. He said staff recommended approval of the project and felt that in terms of the design of the shopping center and in terms of the public improvements and mitigation measures of the center, it would have a positive impact on the City. He said staff recommended approval with conditions as set forth in the resolutions. MR. FRANK GATLIN, developer, thanked staff for their support and thanked all of the people who came to the meeting in support of the project. He said his firm had brought this project to Council on a conceptual basis last July, and Council had indicated it would approve the project if the developer could solve the traffic congestion as well as other problems. He showed a slide presentation of the site and said he felt the project would fit in with the City of Palm Desert image. 42 % of the project would be Walmart, and the rest would be other commercial, such as restaurants, shoe stores, banks, etc. He noted that they could open the project with almost 100% occupancy, with good national tenants. Mr. Gatlin reviewed changes they had made as a result of input from Suncrest Country Club, including increasing the height of the wall from six to seven feet, additional golf cart charging area, landscape architect to meet with residents of Suncrest when they begin detailed construction drawings. In addition, he said they had shifted the primary entrance on Country Club Drive westward to align with the entrance to the Lucky center, which would mitigate traffic impact on Sagewood. With regard to traffic, a comprehensive study had been done, and while the project would contribute to the traffic, it would not be a majority contribution to the traffic. He said the intersection had not been built to its maximum potential; by increasing the number of lanes, etc., the waiting time could be reduced from 90 seconds to approximately 30 seconds. He said this would be after putting in the shopping center and other projects that will be built in Palm Desert and Rancho Mirage between now and the year 2000. Mr. Gatlin stated that they had gathered almost 2,200 signatures from residents in support of the project. He said they had done questionnaires, petitions, and individual mailouts to residents. He submitted all of the returned items to the City Clerk's Office. He said Suncrest Country Club was approximately two-thirds in favor. Sagewood residents indicated they wished to have their community gated if the project is approved. He noted that they were advised that in Sagewood, 42 were in favor, with 19 opposed. 15 M 'UTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Gatlin noted that there was no other site in Palm Desert or Rancho Mirage where they could put another Walmart store. Councilman Crites expressed concern with the way support has been gathered for this center. He felt one of the letters was misleading. It was not signed by anyone, and although it was not actually sent out by Mr. Gatlin's company, many people might assume they had sent the letter because it was not very clear as far as who it was from. Mr. Gatlin agreed that the letter should have been signed by the sender. He noted that a followup letter had been sent, which was paid for by his company. Mayor Benson declared the public hearing open and invited testimony in FAVOR. The following spoke in favor because of increased tax dollars to the City of Palm Desert, location, ease of access, affordability, family restaurants, the project would help fix the intersection of Monterey and Country Club, corner not suited to anything but commercial, changing demographics of Palm Desert from a retirement community to a family community: WILLIAM TAYLOR, 75-050 Merle, #42, Palm Desert. ROY KEOWN, 73-315 Country Club Drive, #224, Palm Desert. SANDY ROBINSON, 75-618 McLachlin Circle, Palm Desert, said she was the principle person responsible for the letter referred to by Councilman Crites. She said she found a lot of people who were opposed changed to support of the project when they had their questions answered. She said she knew a majority of the residents in Palm Desert were courteous and would support the project if they were given all of the facts. WAYNE HANCOCK, 73-142 Segura Court, Palm Desert. DENNIS CHAPPELL, 76-855 California Street, Palm Desert, owner of a business on Joni Drive in Palm Desert, President of Desert Contractors Association, was originally opposed to the project until the developer assured that the construction would be a public bid and that 75 % of the construction would be done by local contractors. JOSEPH SWAIN, 79-811 Country Club Drive, #A, Bermuda Dunes, formerly a resident of Sagewood. PAUL BURAK, resident of Sagewood, Palm Desert. TIM BARTLETT, 73-382 Salt Cedar, Palm Desert. BEVERLY VOORHALLER, 72-445 Cholla Drive, Palm Desert. Mayor Benson invited testimony in OPPOSITION to the project. The following spoke in opposition to changing the zone from residential to commercial, increased traffic, safety of children and the elderly from additional traffic at an already 16 `IL`UTES REGULAR PALM DESER 'ITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * *_.. * * * * * * * * * * * * *--. * * * * * * * * * * * * congested intersection, future property values of homes, impacts to the desert environment and protection of the earth, fuel emissions, quality of life in Palm Desert, too many traffic signals on Country Club Drive between Portola Avenue and Monterey, there are already too many empty commercial buildings, noise, air pollution, increased crime, vandalism, graffiti: LEONARD SILTANEN, 73-450 Country Club Drive, Space 45. DENNIS YATES, 40-115 Portulaca Court, Palm Desert, said he felt this would be a good project it if was in a different location such as a mile north. CAROLYN ANN GOLDMAN, 40-355 Sugarbush Ct., Palm Desert, said she had a petition signed by 39 of the Sagewood homeowners in opposition (she did not submit the petition for the record). BEA BREAKSTONE, 221 Lake Shore Drive, Rancho Mirage. DOROTHY CARR, 73-450 Country Club Drive, #133, Suncrest Country Club. HERMAN SAMOW, 73-450 Country Club Drive, #11, Suncrest Country Club, said he felt the tax base from this project would not increase for the City of Palm Desert. He also felt the City Council should not overrule the very Planning Commission it put into office. ALICE MORRISON, 73-450 Country Club Drive, #198, Suncrest. RICHARD MORRISON, 73-450 Country Club Drive, #198, Suncrest. LIN MORGAN, 38-096 Noble Canyon Drive, Palm Desert Greens. ERNIE MIEHLE, 39-740 Tandika, Avondale, Palm Desert. MET, LIEBERSON, 39-863 Reche Lane, Palm Desert. DICK ROBERTS, 512 Flower Hill Lane, Palm Desert. LAURA SHACKLEFORD, 40-213 Sagewood Drive, Palm Desert. KEN GLASSMAN, P.O. Box 9617, President of Friends of the Environment, said he did not see any compelling need for a zone change. LILLIAN RUDOLF, 73-450 Country Club Drive, Space 200, Suncrest, read a letter on behalf of her friend, Greta Honigsfeld, 73237 Highland Springs Drive, in opposition (on file and of record in the City Clerk's Office). LARRY TAYLOR, 40-272 Orchidtree Court, Sagewood, said he felt this was a dangerous student pickup area for students going to school. ARLENE HUNNICUTT, 165 Lake Shore Drive, Rancho Mirage. MARIAN RICKARD, 40-201 Sagewood Drive, Palm Desert. ROBERT RICCIARDI, 75-090 St. Charles Place, Palm Desert, President of Foundation for the Retarded, expressed opposition to any gates going into the Sagewood project because it would interfere with the Foundation's driveway and buses going in and out each day. In 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * addition, he said he felt the proposed project was a regional, not a neighborhood, shopping center and was too intense for the area. LYNN SCHWIMMER, 40-488 Sagewood Drive, Palm Desert. MARLENE PEISAKOFF, 219 Vista Royale Circle, Desert Falls. RON WILKOFF, 77 Lake Shore Drive, Rancho Mirage, representing Lake Mirage Homeowners Association. STAN SASS, Suncrest Country Club Space #46. BILL SHERNOFF, directly across the street from the proposed project on Vista Dunes Road, Rancho Mirage. ARTHUR LEBLANC, 38-831 Desert Greens Drive East, Palm Desert Greens. ARTHUR LOPEZ, Rancho Grande. JEFF HARRINGTON, 40-408 Periwinkle Court, Palm Desert, said he was not against Walmart itself but opposed any development and the change of zone on this site and would prefer that it stay residential. LEE MILLER, resident of Rancho Mirage and owner of a Palm Desert business. GERHART BEFELD, owner of Suncrest Country Club. JOHN SOREN, resident of Palm Desert. With no further testimony offered, Mayor Benson declared the public hearing closed. Council Comments/Ouestions: Crites: Felt the center of the issue is good city planning. The City's General Plan sets aside an area in the center of Palm Desert that is defined as core commercial, and there remains vacant land in that area that is for commercial. There is also planned commercial that is for local residential shopping; the Lucky center and the Carver project are examples of that. He said he felt zoning changes today are very serious matters. The Planning Commission determined that this area should remain residential. With regard to the developer stating that if the center does not get built at this location, it will not be built anywhere, he said that was a decision of the developer. He expressed concern with existing traffic problems which will only get worse with increased people living here. He said he felt now was an excellent time to join with our colleagues in Rancho Mirage to do something about that intersection and the traffic problems. He noted that his vote would be against the project. Kelly: Said he felt the basic problem was not what was going to be located in a commercial center but the fact that a zone change was being requested. The Planning Commission denied the general plan amendment from medium density residential to planned commercial, and he felt this was a key issue. There needs to be some reason or need to change the zoning from residential to commercial. He said there were still some very large areas in the City that area zoned commercial that are not being developed, and he did not see any need to change the general plan. He said he was also influenced by the unanimous decision of the Planning Commission and by the neighbors in the area who purchased their property knowing that this 18 t.J REGUAR PALM DESER" TITY COUNCIL MEETLNG * * * * * * * * * * , _ * * * * * * * * * * * * *_ * * * MAY 27, 1993 * * * * * * * * * was zoned residential. He added that before he would vote to change that, there would have to be a very serious need in Palm Desert, and he did not see any reason at this time for additional commercial zoning. His vote would be against the project. Snyder: Said he felt Palm Desert was a resort oriented place. The Council has tried to encourage good growth and careful planning. He said he felt the Walmart project was a beautiful project that would add to the area and would improve the intersection. He said he would probably vote for the project if there was not the problem of a zone change. He added that it was difficult to come to a decision on a matter that has as much intensity as this does. Wilson: Said there were several good things about this project, including the fact that it is an outstanding regional shopping center development with more amenities, aesthetics, and landscaping than anything we have seen in the Valley for a long time. Said the attention this developer has given to the traffic congestion problem is commendable. The project economically would be good for the City because it would broaden our base for shopping opportunities in the community. However, the issue of zoning has been before Council several times in the past, and the Council has said no several times. He said the Council does not take its general plan and zoning map lightly and must have some strong, compelling argument for changing it before it will be done. He said the Council has tried to maintain a fiscally sound city, and Palm Desert has an excellent staff that has carried out those wishes. He added that he could not deviate from the plan that indicates this is a corner that will be developed as residential. Benson: Said the Council has worked hard in making Palm Desert a great city and in protecting the community. The City's General Plan was adopted in 1973 and was upheld in a vote of the people in 1975. There have been other developers who have come to the City and wanted to develop that corner; some have found other areas in the City to develop. She said she was interested in doing what was best for the City and felt the Council should do its best to live up to the commitment to the community. She added that she could see no reason to change the zoning from residential. Councilman Crites moved to waive further reading and adopt Resolution No. 93-48, affirming the Planning Commission denial of a General Plan amendment, change of zone from medium density residential to district planned commercial, precise plan, parcel map, and mitigated negative declaration of environmental impact for a 304,422 square foot retail/restaurant commercial center located on 39 acres at the northeast corner of Country Club Drive and Monterey Avenue. Motion was seconded by Wilson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 9:45 p.m. ATTEST: • MARY P. F ZIER, DEPUTY CITY CLERK CITY OF P M DESERT, CALIFORNIA ri f ,i.— d' �, 1 L JE N M. BENSON, MAYOR i 20 1 _ONO r• , 3