HomeMy WebLinkAbout1993-09-23MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 23, 1993
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I. CALL TO ORDER
Mayor Pro-Tem Wilson convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites
III. INVOCATION - Councilman Walter H. Snyder
IV. ROLL CALL
Present: Excused Absence:
Councilman Buford A. Crites Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor Pro-Tempore S. Roy Wilson
Mayor Jean M. Benson (arrived at 4:35 p.m.)
Also Present:
Ramon A. Diaz, Acting City Manager
David J. Erwin, City Attorney
Mary P. Frazier, Deputy City Clerk
David Yrigoyen, Acting Director of Redevelopment Agency
Richard J. Folkers, ACM/Director of Public Works
Paul Shillcock, ACM/Director of Economic Development (arrived 6:00 p.m.)
Paul Gibson, City Treasurer/Finance Director
Frank Allen, Director of Code Compliance
Pat Conlon, Director of Building and Safety
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 9, 1993.
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 11.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pay Less Drug Stores
Northwest, Inc. for Pay Less Drug Store #4163, Northwest Corner of Country Club and
Cook Street, Palm Desert.
Rec: Refer to the Department of Community Development for processing of a
Conditional Use Permit.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by DDA Corporation for Cafe
des Artistes, 73-640 El Paseo, #1 & #4, Palm Desert.
Rec: Refer to the Department of Community Development for processing of a
Conditional Use Permit.
E. PRELIMINARY SCHEDULE OF INVESTMENTS as of August 31, 1993.
Rec: Receive and file.
F. LETTER OF RESIGNATION from Lisa S. Beske from the Sister City Committee.
Rec: Receive with sincere regret.
G. REOUEST FOR APPROVAL of the Refund of Fees for Business License #93-7349 for Fiscal
Year 1992/93 (Martushev Designs).
Rec: By Minute Motion, approve the refund of $45.00 for business license #93-7349 for
Fiscal Year 1992/93.
H. RESOLUTION NO. 93-88 - A Resolution of the City Council of the City of Palm Desert,
California, Requesting the Riverside County Board of Supervisors to Levy a Special Tax
Pursuant to Section 53978 of the Government Code for Fire Protection and Prevention
Services for Fiscal Year 1993-94.
Rec: Waive further reading and adopt.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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I. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for a 1,500 Gallon Water
Truck (Contract No. C079101.
Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for
a 1,500 gallon water truck; 2) appropriate up to $45,000 to be used from the
unobligated General Fund reserve for the purchase of a 1,500 gallon water truck.
J. REOUEST FOR AWARD OF BID for 1994 Community Calendar (Contract No. C07850).
Rec: By Minute Motion, award Contract No. C07850 to Amato, Le Winter & Zolt, Inc.,
in the amount of $27,199.73 plus 10% contingency for the production of the City's
1994 Community Calendar.
K. REOUEST FOR AWARD OF BID for Two Electric Golf Carts.
Rec: By Minute Motion, award the bid to Emmett Golf Cars in the amount of
$10,512.09 to furnish and deliver two electric golf carts as per specifications and
signed bid proposal.
L. REOUEST FOR APPROVAL of the Declaration of Surplus Property and Disposal
Authorization.
Rec: By Minute Motion, declare the following items surplus property and authorize
disposal: a) 1981 Chevrolet 3/4-ton truck, City Asset No. 0650; b) 1984 FMC
Vanguard street sweeper, City Asset No. 1664.
M. ACCEPTANCE OF WORK for Crack Sealing Program (Contract No. C07210).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
N. ACCEPTANCE OF WORK for Highway 111 and Monterey Avenue Modifications (Contract
No. C05300, Project No. 562-93).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project and release the amount of
$12,039.85 in retention monies in accordance with the State Mechanic's Lien Law.
O. REOUEST FOR EXTENSION OF CONTRACT for Civic Center Park Lagoon Water Quality
Management (Contract No. C05131).
Rec: By Minute Motion, authorize a one-year extension of the subject contract with
Southwest Aquatics in the amount of $11,280.00 ($940.00 per month).
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTE111BER 23, 1993
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P. REOUEST FOR APPROVAL of Final Tract Map 24530-2 (Hillcrest at Palm Desert, Ltd.,
Applicant).
Rec: Waive further reading and adopt Resolution No. 93-89 approving Tract Map 24530-
2.
CONSIDERATION OF REQUEST for Deferment of Subdivision Fees - Tract No. 26412.
Rec: By Minute Motion, deny the request.
Q.
R. REOUEST FOR CONSIDERATION of Vista Paseo Phase II Development Street Light
Request.
Rec: By Minute Motion, make a determination of exemption from Ordinance 642, City
of Palm Desert's Night Skies Ordinance for Vista Paseo Phase II Development.
S. REOUEST FOR CONSIDERATION of the Acquisition of "Self Preservation Revised" by
Ed Pogue.
Rec: By Minute Motion, concur with the Civic Arts Committee and acquire the sculpture
"Self Preservation Revised" by Ed Pogue for an amount not to exceed $3,000.00.
T. CONSIDERATION OF REQUEST from Palm Desert Aquatics for Equipment for October
Splash.
Rec: By Minute Motion. authorize staff to appropriate $8,300.00 from Unobligated
General Fund Reserves for the purchase of a timing system and single line
scoreboard for the Palm Desert Aquatics.
U. REOUEST FOR APPROVAL of Reimbursement Agreement with the City of Indian Wells
for the Construction of the Toro Peak Storm Drain (Contract No. C07920).
Rec: By Minute Motion, review and approve the subject agreement and authorize the
Mayor to execute same.
Mr. Erwin asked that Item U be removed for separate discussion under Section IX, Consent Items
Held Over, of the Agenda.
Mr. Brian James, 40-735 Ventana Court, Palm Desert, asked that Item T also be removed for
separate discussion.
Upon motion by Crites, second by Snyder, the remainder of the Consent Calendar was approved
as presented by a 3-0-2 vote, with Councilman Kelly and Mayor Benson ABSENT.
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VI. ORAL COMMUNICATIONS - A
MR. PAUL GIBSON, Finance Director for the City, introduced the new Systems Support
Technician, Stuart McClure.
MR. CLAUDE BROWNING, Joslyn Cove Communities Senior Center, 73-750 Catalina Way,
stated that they Center was applying for a grant from the Del Webb Foundation to put up a senior
fitness institute. He asked for a letter of endorsement from the City of Palm Desert.
With Council concurrence, the Acting City Manager was directed to advise the Mayor of this
request that a letter be prepared.
NOTE: At this point, and with Council concurrence, Mayor Pro-Tem Wilson suspended the remainder the
Agenda in order to discuss Old Business Item A, Fred Waring Drive Improvements.
VII. RESOLUTIONS
A. RESOLUTION NO. 93-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, MADE PURSUANT TO SECTION 4715 OF THE
REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA, AGREEING TO
PARTICIPATE IN THE ALTERNATIVE METHOD FOR DISTRIBUTION OF TAX
LEVIES AND COLLECTIONS OF TAX SALE PROCEEDS ADOPTED BY THE
COUNTY OF RIVERSIDE.
Mr. Diaz noted the staff report in the packets and stated that Mr. Gibson was available to
answer any questions.
Mayor Pro-Tem Wilson asked staff for a quick summary of the effects of this on the City and
the County.
Mr. Gibson stated that this was a State program. The State saw they could benefit through
the schools since they are under the State budget process. They would be giving the County
of Riverside a tax credit of $53 million if they do adopt this "Teeter Plan". The City of Palm
Desert would benefit by: 1) All delinquent taxes other than CFD districts and assessment
districts, we would get 95% of all delinquency up to the 92/93 fiscal year. For the General
Fund it would be approximately $101,000; 2) All future taxes from 93/94 on will be at 100%
of the assessed value.
Councilman Snyder moved to waive further reading and adopt Resolution No. 93-90. Motion was
seconded by Crites and carried by a 3-0-2 vote, with Councilman Kelly and Mayor Benson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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VIII. ORDINANCES
For Introduction:
None
For Adoption:
None
IX. CONSENT ITEMS HELD OVER
T. CONSIDERATION OF REOUEST from Palm Desert Aquatics for Equipment for October
Splash.
MR. BRIAN JAMES, 40-735 Ventana Court, spoke as President of the Piranha Swim Tean.
He commended the Council on its support of competitive swimming in the Palm Desert area.
He asked that Council give equal recognition to the Piranha Swim Team as they have to Palm
Desert Aquatics for the accomplishments of their athletes over the past year. He noted that
five members of the Piranha Board reside in Palm Desert, and this group has had a program
in Palm Desert since 1978. He noted the following information:
During the past season, eight San Gorgonio League records were broken by Piranha
swimmers; five of those records were broken by Palm Desert residents.
The Piranhas placed sixth overall in the Junior Olympics held at USC, with boys
ten and under medley relay placing first; three of the four swimmers on that relay
team reside in Palm Desert.
Four members of the Piranha Swim Team were selected to participate in the zone
championships of the Western United States; one of those four lives in Palm
Desert.
13 Piranha team records dating back to 1972 were broken, six of them by Palm
Desert residents.
Over the past 11 years, 90% of the Piranha swimmers going on to college have
received athletic scholarships for their accomplishments.
He said the Piranhas would like to acknowledge the generous contribution that the City is
making to the Palm Desert Aquatics and hoped the City would give the Piranha Swim Team
the recognition it deserved as the premier swim team in the Coachella Valley.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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Upon question by Councilman Crites, Mr. James stated they would like to have a letter of
recognition on behalf of the City Council to the Piranhas for the accomplishments the team
has done over the past year. He offered to draft a letter and submit it to the City.
Councilman Crites moved to, by Minute Motion: 1) Authorize staff to appropriate $8,300.00 from
Unobligated General Fund Reserves for the purchase of a timing system and single line scoreboard for the
Palm Desert Aquatics; 2) direct staff to prepare a letter for the Mayor's signature recognizing the Piranha
Swim Team for its accomplishments during the last year. Motion was seconded by Snyder and carried by
a 3-0-2 vote, with Councilman Kelly and Mayor Benson ABSENT.
Mayor Pro-Tem Wilson asked that Mr. James provide a sample letter to the City Manager
and said he would then see that the letter is written.
U. REOUEST FOR APPROVAL of Reimbursement Agreement with the City of Indian Wells
for the Construction of the Toro Peak Storm Drain (Contract No. C07920).
Mr. Erwin stated he had asked that this item be removed because the Council had not had the
benefit of the actual agreement until this afternoon. He expressed concern that the Council
have sufficient time to review the agreement before voting on it.
Mr. Folkers stated that this agreement was initially set up to cover the engineering elements
of the project; at a later time, the loan situation got involved. Originally the City of Indian
Wells was not willing to pay the 25% for the engineering nor the 17% for the construction,
and that was the original agreement. Then later on we found that at that time the City did
not have the money, and we went into an agreement with them where it would be considered
a loan. Therefore, this is a two -art agreement. The first part had to do with the cost
participation, and the second part had to do with the loan. He said Indian Wells had agreed
to the old agreement that had our Redevelopment Agency in it; this takes that portion out of
it.
Councilman Crites stated he had not had an opportunity to read the agreement; however, he
asked if there was a problem as far as staff was concerned with holding this agreement over.
Mr. Folkers responded that he would prefer that Council approve it now because it had been
delayed quite a while getting the storm drain elements in. He noted that a meeting had been
held earlier this week with Doug Phillips and the City Attorney from Indian Wells. Staff and
the attorneys for the two cities felt confident it was a good document.
Upon question by Councilman Crites, Mr. Erwin responded that he had first seen the
agreement at approximately 2:30 this afternoon. He said he had no particular concerns with
the agreement and had seen copies of it before: however, his information from the Indian
Wells City Attorney was that he has to take it back to his Council October 7th. He said there
were some elements to it that, had he done it, he would not have included. but there are other
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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alternative ways to deal with that which he could deal with Mr. Folkers about; i.e., the "not
to exceed" areas where it says Indian Wells is not going to participate if the figures exceed
a certain figure. He said he disagreed with that being included in the agreement but felt there
was another way to deal with that issue so we are not at risk at all, which is to choose not
to build the project.
Councilman Crites indicated he would abstain from voting on this agreement.
Upon question by Mayor Pro-Tem Wilson as to whether there was a reading from Indian
Wells City Council or if it had just been handled at the staff level, Mr. Folkers responded
that they had approved the previous agreement although there were some modifications to
remove our Redevelopment Agency. We had both Redevelopment Agencies in both cities as
signatories; they are both Mayors and both Chairmen of the Redevelopment Agencies. We
will not be using any of our Redevelopment funds.
Councilman Snyder moved to, by Minute Motion, review and approve the subject agreement and
authorize the Mayor to execute same. Motion was seconded by Wilson. Mayor Pro-Tem Wilson called for
the vote, which was 2-0-2-1, with Councilman Kelly and Mayor Benson ABSENT and Councilman Crites
ABSTAINING.
Mr. Erwin noted that an abstention was considered an affirmative vote, and the motion would then
carry.
Councilman Crites stated his abstention was not meant to be an affirmative vote and that he wished
to change his vote to NO. Mayor Pro-Tem Wilson asked the Council to vote again. The vote was 2-1-2-0,
with Councilman Crites voting NO and Councilman Kelly and Mayor Benson ABSENT.
Mr. Erwin stated that the motion was defeated and that the item would appear on the next City
Council Agenda.
X. NEW BUSINESS
A. REOUEST FOR APPROVAL OF AMENDMENT TO AGREEMENT FOR LAW
ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE
COUNTY OF RIVERSIDE ADDING TWO ADDITIONAL COMMUNITY SERVICE
OFFICERS AS APPROVED IN THE FISCAL YEAR 1993/94 BUDGET.
Mr. Gibson reviewed the staff report and offered to answer any questions. He noted that the
City Manager had requested that he bring up the issue of Palm Desert Country Club
annexation. He said the Council would be taking a separate action later on the Agenda to
approve the annexation agreement; however, because of the timing to recruit and train Sheriff
deputies, at least six months to a year, he felt this should be considered now.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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Councilman Snyder said there were still some variables that needed to be contended with,
such as exactly what areas will be annexed.
Mr. Diaz stated that this agreement was for the additional police services to cover the area
north of Country Club that we annexed; i.e., Palm Valley and other country clubs in that
area. Mr. Gibson agreed. Mr. Diaz added that staff was concerned that we will have to
place more police service when the Palm Desert Country Club is annexed in.
Mr. Gibson agreed and stated that timing wise, the Sheriffs Department indicated it takes
a long period of time to recruit and train new officers. If we are going to be finalizing the
annexation tonight, they asked if we would consider speeding up the process.
Mr. Diaz stated that what we have is an agreement with the County on sharing property tax.
The reason that was continued was to allow the legal period for the challenge on the
Redevelopment Agency establishment of the Project Area to end. The County still has to
adopt that annexation agreement, which staff did not anticipate any problems with, and it
should occur within the next week or two. City staff will proceed with the annexation, but
it could take as much as five to six months, and staff would try to get it through as rapidly
as possible.
NOTE: Mayor Benson arrived at the meeting at 4:35 p.m.
Councilman Snyder moved to, by Minute Motion, authorize the Mayor to sign the amendment to
the agreement for law enforcement services between the City of Palm Desert and the County of Riverside
(Contract No. C06890). Motion was seconded by Wilson and carried by a 3-0-1-1 vote, with Councilman
Kelly ABSENT and Mayor Benson ABSTAINING.
B. REOUEST FOR APPROVAL OF PROPOSED SIGN PROGRAM FOR DESERT SPRINGS
MARKETPLACE AT THE NORTHWEST CORNER OF COOK AND COUNTRY CLUB
DRIVE, Case No. PP 92-6 (Signage Solutions, Applicant).
Associate Planner Steve Smith reviewed the staff report, noting that the approval
recommended by the Architectural Review Commission contained several conditions as
outlined in the report. The applicant was requesting an additional color besides the three
allowed by code. In addition, the applicant had filed a letter (included in the staff report)
requesting approval of individual channel letter signs with lighting from the face for the
Payless and Ralph's signs. The applicant was also seeking approval of the use of yellow on
the Payless icon. He stated the report indicated Payless was interested in menu signs, which
in more recent conversations they had indicated they had no desire to have menu signs; that
should, therefore, be stricken from the record. He reviewed conditions placed by the
Architectural Review Commission. He stated staffs recommendation was that the Council
affirm the sign program as recommended by the Architectural Review Commission, with the
selection of three colors to be used throughout the center - red, white, teal and midnight blue
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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- and determine that teal and midnight blue are in the same color range; also approve the use
of the color yellow around the Payless sign.
Upon question by Councilman Crites, Mr. Smith responded that the applicant's comments had
been made to the Architectural Review Commission, and the Commission had no problem
with the colors as long as the applicant chooses three. Councilman Crites asked what the
vote of the Commission had been, and Mr. Smith stated it was unanimous.
Councilman Crites asked what had been done at the 111 Center and the Trader Joe center as
far as colors. Mr. Smith responded that with respect to the Mervyn's center, Council made
a determination that the Mervyn's blue and the Ross blue, which were different shades, could
both be used in the center. He added that he was not familiar with what had been done at
the Trader Joe center.
Mr. Diaz stated that the Trader Joe center was also approved with three basic colors. With
regard to the 111 Center, where Marshall's is located, there was one concern that staff make
sure the colors are groups.
Mayor Benson expressed concern that although the two blue colors might look okay on the
paper, it might not look nice on large signs.
MR. DAVE HOLT, Signage Solutions, addressed Council and requested approval of the sign
program. He stated they were trying to work within the range of three colors for the benefit
of everyone involved. He said the white color would be used almost exclusively by Ralph's,
and for the most part the color palette would be red, midnight blue, and teal.
MR. TIM PITTS, Ralph's, 3225 Lacy Drive, Los Angeles, 90031, said they had worked with
staff to come up with alternatives to the regular red oval illuminated Ralph's sign. He
understood that Council was concerned with the brightness and indicated their sign could be
installed on a rheostat so that the City could then adjust the brightness of the sign. Upon
question by Councilman Crites, he responded that this suggestion had come up subsequent
to the Architectural Review Commission meeting.
MS. LINDA FOSS, Payless, stated they had calculated their sign limit to be 96 square feet
even though the City's calculations were less than that. She expressed concern that if they
go down much smaller than the proposed signs submitted, they would have a very small sign
on a large store front. She showed photos of the signs they usually install for Payless as well
as their calculations.
Mayor Benson questioned the use of yellow and asked if it would be considered another color
besides the three allowed. Mr. Smith responded that if the sign is to be reverse channel
letters only, staff would recommend that yellow be allowed as accent color only and would
only be used for the Payless sign, not the rest of the center.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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Upon question by Councilman Crites, Mr. Smith stated that yellow as an accent color for
Payless only was the Architectural Review Commission's suggestion, provided they use
reverse channel letters. Councilman Crites asked whether the Commission wanted the sign
size to meet the code, and Mr. Smith stated that it did. He referred to condition #7 on page
2 of the .staff report which indicated "the maximum sign area for Ralph's to be 113 square
feet and Payless 85 square feet. These maximum areas to include any permanent menu
signs." He noted that he believed the 85 square feet allowed for Payless was an error and
that it should actually be 89 feet; however, he said staff would work with the applicant to
make sure of the correct amount.
Ms. Foss added that the yellow color would not be illuminated at all and that it was for
accent only.
Mayor Benson stated she did not see any need to put the square box around Payless, and Ms.
Foss responded that this was the corporate identification.
Mr. Holt stated he wished to clarify the issue of the color palette. He said the background
of the center was basically off-white; that is why he felt the color white would not be a
workable sign color for the other tenants and that it would really work only for the Ralph's
application.
MR. LEONARD NIEWALD, resident of Desert Falls Country Club, stated he felt any
exceptions to the sign program should go back to the Architectural Review Commission, not
the Council, since this is the body the Council has appointed to review these requests. He
said he would support staffs recommendation.
Councilman Snyder stated he agreed with staffs recommendation.
Mayor Benson stated she still could not go along with the yellow and would be happier if all
the signs were the same color. She felt this would give the center more class.
Councilman Crites asked what was the justification for approving the yellow color since the
ordinance was very clear about the number of colors allowed.
Mr. Smith responded that there was a provision of the ordinance which gives the Council the
authority to waive certain provisions such as the color limit.
Councilman Wilson stated he was inclined to go along with the Architectural Review
Commission's recommendation since they had spent a lot of time reviewing the sign program;
however, he would not be averse to sending this matter back to the Commission for
explanation of its rationale in its recommendation.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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Board of Trustees for College of the Desert. He noted that the architect had been
working with Southern California Edison, and Edison seemed very interested in
working on this joint agency library as far as energy conservation measures.
3. Palm Desert Music Showcase.
Mr. Diaz noted that Ms. Christine Kutt was not able to stay but that she had prepared
a progress report for the Council relative to the 1994 Palm Desert Music Showcase
(on file and of record in the City Clerk's Office).
XI. CONTINUED BUSINESS
A. CONSIDERATION OF AGREEMENT REGARDING ANNEXATION WITH THE
COUNTY OF RIVERSIDE AND THE REDEVELOPMENT AGENCY OF THE COUNTY
OF RIVERSIDE RELATIVE TO PALM DESERT ANNEXATION NO. 29_(Continued from
the Meeting of August 9, 1993).
Mr. Diaz reviewed the staff report, noting that one of the changes to the agreement dealt with
allocation of the County tax levy. He said once Council approves this agreement, it will go
to the County and should be approved in the next two weeks.
Councilman Crites moved to, by Minute Motion, approve Contract No. C07720 between the City
of Palm Desert, the County of Riverside, and the Redevelopment Agency of the County of Riverside, and
authorize the Mayor to execute same. Motion was seconded by Snyder and carried by unanimous vote of
the Councilmembers present.
B. REOUEST FOR DETERMINATION OF CONDITION IMPOSED BY CITY COUNCIL ON
THE CARVER COMMERCIAL DEVELOPMENT AT COOK AND COUNTRY CLUB,
CASE NO. PP 92-6 (Continued from the Meeting of August 26, 1993).
Associate Planner Steve Smith reviewed the staff report, noting that Condition #23 of
Resolution No. 93-16 approving this development provided as follows: "That no fast food
restaurant shall be permitted in this development." He said there was no definition in the
ordinance indicating what is considered to be a fast food restaurant. The City Attorney had
drafted a definition which was included in the report, and Mr. Smith asked if that draft
definition met the intent of Council's condition. He reviewed the three options listed in the
staff report and offered to answer any questions.
Councilman Wilson stated he was satisfied with the City Attorney's definition.
Councilman Snyder stated that the concern of the Council was with drive through restaurants
and the fact that people would then clutter up the next two blocks with trash from their trip
through the restaurant. He said he did not have a problem with the proposed definition.
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Councilman Crites expressed concern that the proposed definition seemed to ban restaurants
such as Chinese and pizza which do a lot of delivery business. He felt banning them would
do a disservice to the people living in the area, and he said he thought the fact that a
restaurant has delivery service should not count against them. He asked that the definition
be amended so that food delivery by a restaurant does not count against the restaurant when
determining whether they are a fast food establishment.
Mr. Erwin stated he would rewrite the definition and get it to Council for the next meeting.
Mayor Benson also noted that the first sentence indicates: "A 'fast food restaurant' is a
restaurant that sells food products primarily over a counter of drive-thru window rather than
by waitress or waiter..." She asked why this needed to be included in the definition if these
types of restaurants are already prohibited in Palm Desert.
Mr. Erwin stated he would also delete this wording in the new definition.
Councilman Snyder moved to continue this matter to the meeting of October 14, 1993, and direct
the City Attorney to rewrite the proposed definition of "fast food restaurants" so that food delivered by
restaurants (i.e., Chinese and pizza) will not be counted against them when determining whether they qualify
as "fast food restaurants" and also that the reference to "drive-thru window rather than by waitress or
waiter" be deleted since this use is already prohibited in the City. Motion was seconded by Crites and
carried by unanimous vote of the Councilmembers present.
XII. OLD BUSINESS
A. REOUEST FOR CONSIDERATION OF FRED WARING DRIVE IMPROVEMENTS.
MR. ERIK LARSEN, 74-266 Fred Waring Drive, Palm Desert stated that with all of the
budget inadequacy claims he had heard over the last five months while dealing with the safety
and future of Fred Waring Drive, he found it hard to believe that the City would even
consider spending $2.8 million to finance a sports complex and donating 20 acres of prime
Palm Desert property to a questionable commercial project with no finance sites, nothing to
return the capital that the City has spent. He felt this was a lot of money that could otherwise
be spent on matters of greater importance.
Mayor Pro-Tem Wilson asked if Mr. Larsen was familiar with the financial aspects of the
project, and Mr. Larsen stated he understood it was a "play to pay" facility.
Councilman Crites suggested that Mr. Larsen might wish to review the public documents on
the proposed sports complex before entering into dispute about it. He added that he felt it
was not appropriate to pit one issue against another, and the Fred Waring Drive issue would
be decided upon whether or not it has merit in terms of traffic improvements throughout the
City and where it ranks in those priorities. He invited Mr. Larsen to look at the finance
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points of the sports complex project and if he thinks it is a bad idea, he can come to Council
when there is a hearing on that project.
Mayor Pro-Tem Wilson added that the business points of that project had yet to be adopted
by the Council and that Mr Larsen would have the opportunity to address that at the proper
time.
MR. COREY BARBEAU, 74-052 Fred Waring Drive, asked why the report from staff was
not ready.
Mayor Pro-Tem Wilson responded that this is a very complex report because there are some
major decisions involved as to whether or not the road is to be widened and what the
implications are. Staff has been working on it very diligently but could not complete it by
Friday's deadline, which was the time we had to get the Agenda out.
Mr. Barbeau questioned why there were orange stakes in front of his house, 19 feet from his
bedroom and. asked if the City was going to come in and put a sidewalk in.
Mr. Folkers responded that he had explained the situation earlier to Mr. Barbeau's wife. He
said the orange stakes are where the right-of-way line is between the City's property and Mr.
Barbeau's property. He added that it gives us some idea of where our right-of-way is so we
can see how it would affect the houses. He said the City could put within that area sidewalk,
road, or whatever improvements it decides to do. Upon further question by Mr. Barbeau,
he responded that normally the City considers a sidewalk to be about six feet wide.
Councilman Crites moved to, by Minute Motion, continue the matter to the meeting of October 14,
1993. Motion was seconded by Snyder and carried by a 3-0-2 vote, with Councilman Kelly and Mayor
Benson ABSENT.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code
Section 54956.9 (a), existing litigation (Levald v. Palm Desert, Navarette v. Palm Desert),
(b), threatened litigation, and (c), pending litigation.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Letter from City of Rancho Mirage Relative to Contract for the Design and
Construction of the Monterey Avenue Bridge over the Whitewater Flood
Control Channel (Mayor Jean M. Benson).
Mayor Benson noted the letter that had been received from the City of Rancho
Mirage relative to its decision not to participate in funding a bridge over the
Whitewater Flood Control Channel on Monterey Avenue.
Councilman Crites stated he would like to see this decision made very public.
In addition, he said he wanted to make sure that the next time Monterey
Avenue is flooded and citizens call to complain, that the City Clerk's Office
provide those citizens with copies of the letter so that they know the reason a
bridge had not been built is because the City of Rancho Mirage will not help.
Mr. Folkers asked if Council would wish to proceed if between CVAG and the
City of Palm Desert it is possible to develop the necessary funding to proceed.
He said the City had applied for SB300 funds from the State, and CVAG has
also allocated funds.
Councilman Wilson expressed concern with the legality of spending our money
in Rancho Mirage to build a bridge which they should be paying half of.
Councilman Snyder suggested continuing this matter until such time as staff
can come up with some solutions.
Councilman Wilson stated that if Public Works staff wishes to explore this and
come back with recommendations that we proceed, he would also like them to
look into the possibility of deannexing the other side of Monterey Avenue so
that Palm Desert has both sides of the road and potentially bike access to the
College of the Desert.
Councilman Snyder moved to continue this item until such time as staff comes up with some solutions
to the problem. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers
present.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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o Cjtv Council Committee Reports:
1. Councilman Crites reported that the County of Riverside, through the offices
of Supervisor Corky Larson, had made some major contributions to trail funds
in the Valley. He said he would bring a report about that to Council in the
near future.
2. Councilman Crites stated that there was a proposal to build a medical waste
incinerator up Highway 74 on part of the Santa Rosa Indian Reservation. He
said for some reason this had been very low key, and it was by accident that
people had found out about it. He said this a lot of the traffic generated by
this type of facility would go through the City of Palm Desert. He added he
felt we should investigate this and see what local implications it has for us and
then decide what we should do about it if anything.
XIV. ORAL COMMUNICATIONS - B
None
Councilman Wilson moved to adjourn to Closed Session at 5:33 p.m. for the purposes stated by the
City Attorney. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers
present.
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
A. PROCLAMATION DECLARING OCTOBER 13, 1993, AS "NAVY DAY" IN THE CITY
OF PALM DESERT.
Mayor Benson presented the proclamation to Capt. John Duncan, USN (Retired), noting that
she was former WAVE.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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B. APPOINTMENTS TO THE CIVIC ARTS COMMITTEE.
Councilman Crites moved to, by Minute Motion, appoint the following individuals to the Civic Arts
Committee: 1) Mr. Mark Ross to fill the vacancy created by the resignation of Janet Abrams (expiration
09/96); 2) Mr. Jeffrey Courchaine to fill the vacancy created by the resignation of Patti Power (expiration
09/95); and 3) Ms. Mary Ann Beckham to fill the vacancy created by the resignation of Carolyn Miller
(expiration 09/95). Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers
present.
XVIII. PUBLIC HEARINGS
A. REOUFST FOR CONSIDERATION OF EL PASEO BUSINESS ASSOCIATION REQUEST
TO AMEND CHAPTER 3.40 OF THE PALM DESERT MUNICIPAL CODE TO
INCLUDE ASSESSMENT OF INDEPENDENT CONTRACTORS AND EXPANSION OF
THE PARKING AND BUSINESS IMPROVEMENT AREA.
Mr. Allen reviewed the staff report and history of this request dating back to June, 1993.
He said this would amend the Palm Desert Municipal Code to assess parking and business
improvement fees upon independent contractors such as barbers, beauticians, and real estate
associates. It would also assess the fee on businesses addressed off of adjoining streets of El
Paseo which benefit from the advertising and promotion of El Paseo.
Councilman Crites stated that someone had given him a copy of a flyer which indicated if
these fees are collected, they will be used for new trees, benches, water fountains, etc. He
asked if there was any guarantee as to what the fees will be used for. He said the second
item was that retailers such as dry cleaners, animal care, general merchants, photographers,
book stores, etc. would have to pay three to four times the fee in addition to what they
currently pay for their license. He asked if this was true.
Mr. Shillcock responded that legislation under which this district has been formed is very
specific, and these fees will be used to promote the entire street. What the flyer indicates the
funds will be used for would not be an appropriate use of the money. With regard to the fees
for retailers, he said those businesses are already paying an assessment, and it is either one,
two, or three times the business license fee, and this was not being changed.
Mayor Benson declared the public hearing closed and invited testimony in FAVOR of this request.
The following spoke:
MRS. SONIA CAMPBELL, President of the El Paseo Business Association and owner of
Spectacular Shades, 73-910 El Paseo, read a prepared statement, noting that the Association
had been created to promote the shopping area and to bring people onto the street. She added
that it was up to the individual businesses to bring people into their establishments. She said
the effect of the amendment would be a much more effective promotional effort. She stated
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REGULAR PALM DESERT CITY COUNCIL MEETING -- SEPTEMBER 23, 1993
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she had presented a petition signed by over 100 businesses asking the Council's support of
this ordinance, and she asked those members of the audience who were attending in favor to
raise their hands.
Upon question by Councilman Crites, Mrs. Campbell responded that the El Paseo Business
Association Board was composed of seven members, and when this was proposed to the
Board, the vote was unanimous in favor.
MS. MEG FIRESTONE, owner of businesses at 73-760, 73-780, and 73-790 El Paseo. She
said she represented a clothing store which pays a full assessment based on sales, a beauty
establishment which pays an assessment based on retail, and a building which pays a full
assessment based on retail. She said she was also a member of the El Paseo Business
Association Board. She said the issue here was the future viability of El Paseo, and she
noted that the demise of the Palm Springs downtown area came after the businesses decided
not to get together for the good of everyone. She added that she knew of this personally
because she had owned businesses in Palm Springs for many years.
MRS. JOYCE FRISCO, 73-925 El Paseo, spoke as owner of several salons. She said this
was an effort to make it fair to all businesses on El Paseo.
MR. RUSSELL CUNNINGHAM, partner of J. Russell Salon at 73-760 El Paseo, said he had
originally signed a petition in opposition because he was misinformed and was told that the
Association wanted all salons off the street. He now knew that the Association just wanted
the assessment to be paid by each salon and noted that his business had found a way to help
the independents to pay their fair share.
MRS. ELAINE LAND, 73-725 El Paseo, stated that if the businesses do not all work
together and pitch in, what could happen here is already happening in Palm Springs.
MR. HERNAN GIRALDO, Neil's for Beauty, stated he used to work in New York and Los
Angeles and had to pay $125.00 per month to park his car. He asked his colleagues if they
would like El Paseo to go in that same direction.
Mayor Benson invited testimony in OPPOSITION. The following were opposed because they did
not feel they received a benefit from the advertising of El Paseo, they felt the fee structure was not
equitable (i.e., real estate offices paying 45 times more than the assessment for an art gallery because
the real estate office has 45 independent contractors and the gallery does not have any), they felt the
timing of the issue was not good with the poor economy, salons with independent contractors such
as manicurists may lose their independents due to increased fees which would then affect those
salons, they felt other businesses such as travel agencies and title companies should also be included
in the district, this would create many more vacancies on El Paseo as independent contractors go to
other cities, they felt there were better ways to generate additional monies for promotion and
beautification of El Paseo :
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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•
MR. ROBERT ARGUST, 233 Camino Arroyo N., and independent realtor in the office of
Lobland-Waring on El Paseo.
MR. TONY WILLIAMS, American Hairlines, 73-640 El Paseo, Palm Desert, said he felt
the merchants should sit down as an entire merchants' association and come up with a
reasonable assessment and timing of the assessment so that it is not dropped into their laps
and thus adversely affecting the businesses at the beginning of their season.
Upon question by Councilman Crites, Mr. Allen responded that the fees would be due when
the business licenses are renewed.
MR. GARY WIEDLE, Fortune West Management, 73-900 El Paseo (rear), said his office
was less than 1,000 square feet and that he had chosen this location because of its proximity
to the bank, post office, etc. He said he derived no benefit from being on El Paseo. He
expressed concern that he had first read of this matter when he read the paper in the morning,
and he felt he had been denied due process. He noted he had faxed a letter of opposition to
the City Council and urged that they exempt the real estate brokers from this assessment.
MR. SIDNEY ELEGANT, 135 Lake Shore Drive, Rancho Mirage, independent contractor
realtor with Lobland-Waring, asked what the money was really going to be used for and
whether there was any control over the expenditure of funds.
MR. JIM LOBLAND, 73-350 El Paseo, said he felt this was very untimely and insensitive
and that real estate people had been very hard hit by the recession. He also felt it was very
inequitable and discriminatory
MR. CHRIS BLAISDELL, attorney at 73-200 El Paseo, Suite 2H, said he felt that ultimately
El Paseo would be the loser in this.
MR. MATT SAWYER, Sandwichboard, 73-405 El Paseo, asked whether the Association was
even necessary any longer. He also asked why it was so difficult to receive financial
statements from the district.
CAROL of Carol's Hair Design on the back side of El Paseo, stated that both independent
contractors in her office had expressed fear of having to pay this fee and had indicated they
might move across the parking lot. She also stated that being on the rear of El Paseo, she
had to pull her own weeds, and the palm trees were all brown. She asked that some attention
be given to this situation.
PAMELA FAZZONE, Cactus Realty, 73-160 El Paseo, said she supported the district and
would pay her share, but enough is enough. She said they had never had anyone walk in and
say they had come to the office because El Paseo was so beautiful. She added that they do
their own advertising.
20
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REGULAR PALM DESERT ry COUNCIL MEETING — SEPTEMBER 23, 1993
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MS. JACKIE ELGARD, real estate broker at Lobland-Waring.
MS. VALERIE IGNALLO, hairdresser at Carol's Hair Design, said that if this passes, she
will go and look for another spot off El Paseo.
MR. JACK CORZINE, Chamber of Commerce, asked why the City was involved in this
district.
MS. MARY BETH YOUNGQUIST, hairdresser at 73-390 El Paseo, said she would agree
with the district if it was for beautification of the street but not if it was to promote El Paseo.
MR. GENE FLECKY, resident on Deergrass in Palm Desert and a real estate broker.
MR. CARL VASQUEZ, Entourage Hair Salon, 73-990 El Paseo.
MR. TOM COX, Palm Desert Stationers, questioned why the district is only between
Highway 74 and Portola Avenues and asked why it did not also include El Paseo from
Highway 74.west to Highway 111 and from Portola Avenue east to Highway 111. He also
felt the entire fee structure needed to be evaluated.
Mayor Benson declared the public hearing closed.
Councilman Snyder stated that the merchants had created this association by coming to the
City and asking for assistance. He said he found it hard to believe that the merchants were
not willing to participate in this.
Councilman Wilson stated that when he voted to put this matter on the Agenda for a public
hearing, he thought it was a reasonable thing to do because the basic issue is equity, everyone
paying their fair share. However, he said he had more questions now than he had before the
hearing. He said he had heard testimony that this does not cover all independent contractors
such as travel agents, and he asked why they had been excluded. He also asked for an
explanation of the fee structure and why some businesses were required to pay two and three
times what others had to pay.
Mr. Allen stated that with regard to independent contractors, he had called the Internal
Revenue Service, and they do not look on people working in travel agencies and escrow
companies as independent contractors -- they are considered employees. With regard to the
fee structure, he said he did not know how it was determined.
Upon question by Councilman Wilson, Mr. Paul Campbell addressed Council and stated that
the fee structure was determined according to the benefit that would be derived by the
particular profession. Businesses like attorneys would not benefit by the advertising, and they
are required to pay one time the business license fee; however, retailers would benefit the
most by the advertising, and they would pay three times the business license fee.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1993
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Councilman Crites asked whether at the very beginning there was a merchants committee that
sat down and decided how certain types of businesses benefited.
Mr. Campbell responded that it was his understanding it was a mutual agreement at that time.
In the beginning professionals and real estate agents were left out; later on the ordinance was
amended to include professionals such as attorneys.
Mayor Benson stated that this had been an ongoing dispute from the very beginning when the
Association was formed. She felt the entire issue should have been addressed from the
beginning. She added that this was not a City tax, and the City does not get any benefit from
the money; all of it goes back to the promotion of the street. She said there was an annual
statement of how the money has been spent and where, and the City is just a conduit to make
sure the money is not going into the Association with no one knowing what has happened to
it.
Councilman Crites stated that there seemed to be an underlying suggestion that the City of
Palm Desert 'increases the fees to businesses. However, he noted that business license fees
were set in 1975 and, with the exception of one fee and one category that changed by $10.00,
they have not gone up one nickel since 1975. He said that would suggest that the City is not
particularly interested in raising fees on businesses whenever it has the opportunity. The cost
of doing business and the cost for policing businesses has gone up, but the fees have remained
the same. He agreed with those who feel the present system is unfair, and he agreed with
the suggestion that we should look at extending the district the entire length of El Paseo from
Highway 111 on the west to Highway 111 on the east. He also agreed with the business
owner on the back side of El Paseo who expressed concern about the maintenance of plants
and trees in that area and said these businesses deserve the same treatment as the rest of the
area. He said business owners will have to make choices about whether they will help their
independent contractors to pay their fee or if they will see what the market does and if the
people leave, so be it. He said he did not think the City had ever been advised that a
business left El Paseo because the Association fee was too high. He said he felt the request
was reasonable, and if people are worried about how the money is spent or feel the Board
does not reflect what they think should be done, they need to get a Board that is responsive
to them.
Mayor Benson said she was dismayed to hear people say they did not benefit by being on el
Paseo and that they could go work someplace else. She said she traveled all over the world
and always looks to the heart of the city to see who is located in the best area. She added
that people know where the good businesses are located.
Councilman Wilson stated he was not sure we had reached equity but that he though this was
a step closer to equity than we were before.
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REGULAR PALM DESERT CrfY COUNCIL MEETING SEPTEMBER 23, 1993
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Councilman Wilson moved to: 1) Waive further reading and pass Ordinance No. 727 to second
reading, including independent contractors and expanding thesParking and Improvement Area; 2) direct
appropriate staff to put together a committee consisting of representatives of independent contractors,
retailers, realtors, etc. to look at the fee structure for this assessment district to determine whether everyone
included is appropriately classified, with a report to be given to the Board of Directors of the El Paseo
Business Improvement Area Board; 3) also direct this same committee to look into the issue of including
in the District those areas of El Paseo west of Highway 74 to Highway 111 and east of Portola Avenue to
Highway 111. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers
present.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Crites, second by Wilson, and unanimous vote of the Councilmembers present,
Mayor Benson adjourned the meeting at 8:30 p.m.
ATTEST:
MARY P. ARA IER, DEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JE/ N M. BENSON, MAYOR
23