HomeMy WebLinkAbout1994-08-25MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 25, 1994
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I. CALL TO ORDER
Mayor Wilson convened the meeting at 4:10 p.m. and asked that the Redevelopment Agency
meeting be held first. Council concurred. He reconvened the meeting at 4:39 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder
M. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor S. Roy Wilson
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/Public Information Officer
Carlos L. Ortega, ACM/Director of Redevelopment Agency
Ramon A. Diaz, ACM/Director of Community Development
Richard J. Folkers, ACM/Director of Public Works
Paul Shillcock, ACM/Director of Economic Development
Paul Gibson, Director of Finance
Pat Conlon, Director of Building and Safety
Wayne Ramsey, Acting Director of Code Compliance
John Wohlmuth, Assistant to the City Manager
Catherine Sass, Community Arts Manager
Ken Weller, Emergency Services Coordinator
Lisa Constande, Environmental Conservation Manager
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of July 14, July 28, and August 11, 1994.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 57, 58, 1,
2, 3, 4, 5, 6, 7, 8, and 9.
Rec: Approve as presented.
C-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fury Investments, Inc. and
Bananaz California Cantina, 72-291 Highway 111, Palm Desert.
Rec: Receive and file.
C-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Southland Corporation
for 7-Eleven Store #2171-22362, 73-800 Highway 111, Palm Desert.
Rec: Receive and file.
C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marriott Hotel Services, Inc.
for 74-855 Country Club Drive, Palm Desert.
Rec: Receive and file.
C-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Payless Drug Stores
Northwest, Inc. for Payless Drug Store No. 4163, 74-958 Country Club Drive, Palm Desert.
Rec: Receive and file.
C-5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for Nicolino's Italian
Restaurant, 73-460 Highway 111, Palm Desert.
Rec: Receive and file.
D. CLAIM AQAINST THE CITY (#255) by Geraldine L. Verga in the Amount of $260,000.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
E-1. RESOLUTION NQ. 94-82 - 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 (June 1994).
Rec: Waive further reading and adopt.
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E-2. J ESOLUTION NO. 94-83 - 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 (July 1994).
Rec: Waive further reading and adopt.
E-3. RESOLUTION NO. 94-84 - 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 Public Works that have been Microfilmed.
Rec: Waive further reading and adopt.
F-1. RESOLUTION NO. 94-81 - A Resolution of the City Council of the City of Palm Desert,
California, in Support of the Emergency Cold Weather Shelter Program.
Rec: Waive further reading and adopt Resolution No. 94-85 and direct staff to forward
a copy of said resolution to Governor Pete Wilson.
F-2. RESOLUTION NO. 94-86 - A Resolution of the City Council of the City of Palm Desert,
California, Establishing an Undergrounding District for the Purpose of the Expenditure of
Rule 20A Funds by Southern California Edison Company.
Rec: Waive further reading and adopt.
F-3. RESOLUTION NO. 94-87 - A Resolution of the City Council of the City of Palm Desert,
California, in Support of the Coachella Valley Mountains Conservancy "Desert Mountains
License Plate" Campaign.
Rec: Waive further reading and adopt.
F-4. RESOLUTION NO. 94-8L - A Resolution of the City Council of the City of Palm Desert,
California, Relating to the Production of Public Records.
Rec: Waive further reading and adopt.
F-5. RESOLUTION NO. 94-89 - A Resolution of the City Council of the City of Palm Desert,
California, Amending the Fiscal Year 1993/94 Budget to Provide Additional Appropriations
from Traffic Safety and Gas Tax Funds to the General Fund.
Rec: Waive further reading and adopt Resolution No. 94-89, amending the 1993/94
Budget to provide transfer of unobligated funds from the Traffic Safety and Gas
Tax Funds to the General Fund as of June 30, 1994.
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F-6. RESOLUTION NQ. 94-90 - A Resolution of the City Council of the City of Palm Desert,
California, Rescinding and Replacing Resolution Nos. 93-67 and 92-55, Identifying Exempt
Management Positions and Related Benefits.
Rec: Waive further reading and adopt.
G. REQUEST FOR APPROVAL of Retention Schedule and Destruction of City Clerk Files that
have been Microfilmed.
Rec: 1) Waive further reading and adopt Resolution No. 94-91, approving the Records
Transfer and Retention Schedule for the City Clerk's Office; 2) waive further
reading and adopt Resolution No. 94-92, setting forth its findings and authorizing
the destruction of files from the City Clerk's Office that have been microfilmed.
H. PRELIMINARY SCHEDULE OF INVESTMENTS as of June 30, 1994.
Rec: Receive and file.
I. MINUTES of the Sister Cities Committee Meeting of June 21, 1994.
Rec: Receive and file.
J-1. LEI 1hR OF RESIGNATION from Dennis J. Orsborn from the Palm Desert Parks and
Recreation Commission.
Rec: Accept with sincere regret.
J-2. LE1'1 ER OF RESIGNATION from Mr. Thomas A. Scott from the City's Building Board of
Appeals and Condemnation.
Rec: Accept with sincere regret.
K-1. APPROVAL OF REQUEST by Susan Mack for Plan Check Extension at 73-150 Loma Vista
Drive.
Rec: By Minute Motion, approve a final 180-day (six month) plan check extension for
the above residence to expire on December 30, 1994.
K-2. REQUEST FOR APPROVAL of Plan Check Extension for Wailoa Development for Project
at Desert Springs Marketplace, Building "L".
Rec.. By Minute Motion, approve the extension of plan check for Wailoa Development
until December 31, 1994.
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L. REQUEST FOR REFUND of Building Permits Issued During the Last Fiscal Year.,
Rec: By Minute Motion, approve $25,323.43 to be refunded to D. Melilli Construction
Company, Inc. for seven (7) homes they will not be building at Primrose II - Tract
25436 (per letter dated July 22, 1994, attached to staff report).
M. REQUEST FOR REFUND of Fees for Business License #93-5994 and Home Occupation
Permit #93-5995 for "Pro -File Data" for Fiscal Year 1993/94.
Rec: By Minute Motion, approve the refund of $41.25 for Business License #93-5994
and no refund for Home Occupation Permit Business License #93-5995 for Pro -File
Data for Fiscal Year 1993/94.
N-1. LETTER from City of Los Angeles Requesting Palm Desert's Opposition to "Save Our State"
(SOS) Initiative which would Deny Public Education and Most Government Funded Health
and Welfare Benefits to Illegal Immigrants.
Rec: Refer to staff for report and recommendation.
N-2. Lti i tic from City of Modesto Requesting Palm Desert's Support of Senate Bill 302
Authorizing Cities to Provide for the Abatement of a Nuisance Resulting from the
Defacement of the Property of Another by "Tagging" and to Impose Financial Responsibility
on Both the Perpetrator and the Parents of Minor Children Who Commit Acts of this Kind
of Vandalism.
Rec: Refer to staff for report and recommendation.
N-3. Lt ri EX from City of Palmdale Seeking Support from All California Cities in Amending
Senate Bill 509 (Prop. 172) to Include "Low Tax" Cities in Local Public Service Safety Fund
Allocation and Reimbursement.
Rec: Refer to staff for report and recommendation.
O. REQUEST FOR APPROVAL of Red Cross Budget Carryover.
Rec: By Minute Motion, approve the appropriation of $12,710.00 from the General Fund
Unobligated Reserves for the balance of the Red Cross supplies approved from last
year's budget.
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P-1. REOUEST FOR APPROVAL of Out -of -State Travel for Director of Economic Development.
Rec: By Minute Motion, approve the request for extension of the existing out-of-state
travel for the Director of Economic Development to include visiting with
businesses/agencies during the week of September 19, 1994, as outlined in the staff
report dated August 25, 1994.
P-2. REOUEST FOR APPROVAL of Out -of -State Travel for Ahmad Karimi to Attend an
Advanced Training Seminar for Radiation Safety Officers.
Rec: By Minute Motion, approve the request.
Q-1. REOUEST FOR_RELEASE of Subdivision Improvement Security for Desert Communities,
Inc. - Tract 27228.
Rec: By Minute Motion, authorize the City Clerk to release the subject improvement
securities.
Q-2. REOUEST FOR RELEASE of Grading Improvement Security for Tract 26123-1 (Sunrise
Company, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject improvement
securities.
R. REOUEST FOR APPROVAL of Final Tract Map 23940-2 (Robert B. Varner, Applicant).
Rec: Waive further reading and adopt Resolution No. 94-93 approving Tract Map 23940-
2.
S-1. REOUEST FOR AWARD OF BID PROPOSAL for Removal of Underground Fuel Storage
Tanks.
Rec: By Minute Motion, award the removal of underground fuel storage tanks to Canyon
Specialties in the amount of $5,050.00.
S-2. REOUEST FOR AWARD OF BID for 125KW Generator Set.
Rec: By Minute Motion: 1) Award the purchase of a 125KW standby generator set with
automatic transfer switch and 5-year extended warranty to Johnson Power Systems
in the amount of $27,438.60; 2) appropriate $27,438.60 from the unobligated
general fund reserves for the project.
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S-3. REQUEST FOR AWARD OF CONTRACT for Phase I Environmental Site Assessment
(Contract No. C08880).
Rec: By Minute Motion, award Phase I, Environmental Site Assessment for the Public
Works Corporation Yard, 74-833 Joni Drive, to Geo Sec, Inc. in the amount of
$2,450.00.
T. REQUEST FOR CONSIDERATION of City -Wide Striping.
Rec: By Minute Motion, authorize staff to continue utilizing County of Riverside's
Transportation Department staff to City-wide street striping and stenciling and
authorize an amount not to exceed $125,000 for these services.
U. REOUEST FOR EXTENSION OF LANDSCAPE MAINTENANCE CONTRACT for
Haystack Greenbelt, Assessment Zone #2 (Contract No. C03922).
Rec: By Minute Motion, approve a one-year extension with Sunshine Landscape for
Contract No. C03922 in the amount of $32,950.56 ($2,745.88 per month).
V-1. REQUEST FOR APPROVAL OF AGREEMENT with the Coachella Valley Recreation and
Park District for Civic Center Park Supervision (Contract No. C08960).
Rec: By Minute Motion: 1) Authorize the Mayor to execute an agreement with the
Coachella Valley Recreation and Park District to schedule, supervise, and reserve
the Civic Center Park and associated amenities; and 2) appropriate an additional
$5,000 from the Unobligated General Fund Budget Reserve to Account #110-4611-
452-3320, Civic Center Park Contract Repair and Maintenance.
V-2. REQUEST FOR APPROVAL, OF CONTRACT for Research Services with Regional Business
Assistance Center at College of the Desert (Contract No. C08970).
Rec: By Minute Motion, approve the request and authorize the" Mayor to execute a
contract with the Regional Business Assistance Center (Contract No. C08970).
W. REQUEST FOR APPROVAL of Reimbursement for Completed Street Improvements - North
Side of Palm Desert Drive South.
Rec: By Minute Motion, approve reimbursement to Mr. Robert Downs for completed
street improvements along the north side of Palm Desert Drive South in the amount
of $5,198.00.
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X. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C07440 for Highway
111 and Portola Avenue Traffic Signal Modifications and Street Improvements.
Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C07440 in the
amount of $1,689.88; 2) authorize the transfer of $1,689.88 from contingency to
base.
Y. LETTER from Mrs. Robert R. Wilde and Mrs. Roger Giegling Representing Belmonte
Homeowners Relative to Building of the Unfinished Tract on Belmonte Drive.
Rec: Refer to staff for report and recommendation.
Z. REOUEST FOR ACCEPTANCE QF WORK for Contract No. R07820 - Construction of El
Paseo Palm Tree Infill Project.
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject project.
AA. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Street Sweeping
Services (Contract No. C08980).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for street
sweeping services.
Mayor Pro-Tem Crites noted that he had a request from the audience to remove Item I from the
Consent Calendar for separate discussion under Section IX, Consent Items Held Over. Councilman
Kelly also asked that Item V-1 be removed for separate discussion.
Upon motion by Snyder, second by Kelly, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
A. RESOLUTION NO. 94-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, TO ESTABLISH THE RIVERSIDE COUNTY
ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY AND AUTHORIZE
THE IMPOSITION OF A VEHICLE REGISTRATION FEE.
Mr. Altman noted the memorandum in the packets.
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Mayor Pro-Tem Crites stated that the County had been using this program on a number of
highways around the Valley and pulling out junked cars, etc. He said there was some honest
value coming out of the program.
Councilman Snyder moved to waive further reading and adopt Resolution No. 94-94. Motion was
seconded by Benson and carried by unanimous vote.
B. RESOLUTION NO. 94-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING PAYMENT BY THE PALM DESERT
REDEVELOPMENT AGENCY FOR ALL OR PART OF THE COST OF THE
INSTALLATION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS.
Mr. Ortega noted that this resolution was the same as that adopted by the Redevelopment
Agency Board.
Councilmember Benson moved to waive further reading and adopt Resolution No. 94-95, making
findings pursuant to Health and Safety Code Section 33445 in connection with the payment by the Palm
Desert Redevelopment Agency for all or part of the cost of the installation and construction of public
improvements owned by the Desert Sands Unified School District. Motion was seconded by Snyder and
carried by unanimous vote.
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 757 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING CITY COUNCIL ORDINANCE NO. 281.
Mr. Altman noted the memorandum in the packets from Mrs. Gilligan and recommended
approval.
Councilman Kelly moved to waive further reading and pass Ordinance No. 752 to second reading.
Motion was seconded by Benson and carried by unanimous vote.
B. ORDINANCE NO. 758 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.48.040, 2,48.060, 2.48.070,
2.48.090, AND 2.48.110, AND ADDING SECTIONS 2.48.075 AND 2.48.095 OF THE
MUNICIPAL CODE REGARDING DISASTER AND EMERGENCY RELIEF.
Mr. Altman noted the staff report in the packets from Mr. Weller and offered to answer any
questions.
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Mayor Wilson moved to waive further reading and pass Ordinance No. 758 to second reading.
Motion was seconded by Kelly and carried by unanimous vote.
C. ORDINANCE NO. 759 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 5.88.040 PERTAINING TO
PERNu i I r.') LOCATIONS OF ADULT ENTERTAINMENT ESTABLISHMENTS.
Mr. Ramsey reviewed the staff report, noting that this would change the wording of Section
5.88.040 so that it will be identical to the wording of Section 5.88.030.
Upon question by Mayor Wilson, Mr. Erwin responded that this was not a substantive change
but was just clarification of what staff thought was already in this section.
Councilman Kelly moved to waive further reading and pass Ordinance No. 252 to second reading.
Motion was seconded by Snyder and carried by unanimous vote.
D. ORDINANCE NO. 760 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE RIVERSIDE COUNTY
ORDINANCE NO. 716, CRUELTY TO ANIMALS, AND ORDINANCE NO. 534.5,
RUNNING AT LARGE OF DOMESTIC FOWL AND/OR DOMESTIC ANIMALS OTHER
THAN DOGS AND CATS.
Mr. Ramsey reviewed the staff report and offered to answer any questions.
Councilman Kelly moved to waive further reading and pass Ordinance No. 760 to second reading.
Motion was seconded by Wilson and carried by unanimous vote.
E. QRDINANCE NO. 761 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 741 BY ADDING A
WEIGHT LIMIT OF 8,000 POUNDS GROSS VEHICLE WEIGHT AND DEFINING THE
LIMITS OF THE VEHICLE PROHIBITION.
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Councilman Kelly moved to waive further reading and pass Ordinance No. 761 to second reading.
Motion was seconded by Wilson and carried by unanimous vote.
For Adoption:
A. ORDINANCE NO. 754 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 9.24.060(K) OF CHAPTER 9.24
OF TITLE 9 OF THE PALM DESERT MUNICIPAL CODE RELATING TO SPECIAL
PROVISIONS OF THE NOISE ORDINANCE.
Mr. Altman stated that there had been no changes to this ordinance since its introduction, and
he recommended adoption.
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Councilman Kelly moved to waive further reading and adopt Ordinance No. 7�54. Motion was
seconded by Snyder and carried by unanimous vote.
B. ORDINANCE NO. 756 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING
ORDINANCE TEXT, TO SECTION 25.34.020 TO ADD "ADULT ENTERTAINMENT
ESTABLISHMENTS" AS PERM! i i rii USES IN THE SERVICE INDUSTRIAL
DISTRICT, CASE NO. ZOA 94-2.
Mr. Altman stated that there had been no changes to this ordinance since its introduction, and
he recommended adoption.
Mayor Wilson moved to waive further reading and adopt Ordinance No. 754. Motion was
seconded by Snyder and carried by unanimous vote.
IX. CONSENT ITEMS HELD OVER
V-1. REQUEST FOR APPROVAL OF AGREEMENT with the Coachella Valley Recreation and
Park District for Civic Center Park Supervision (Contract No. C08960).
Councilman Kelly asked for clarification of this item.
Mr. Folkers stated that this would firm up with the Coachella Valley Recreation and Park
District to make sure there is supervision in the park seven days per week until 10:00 p.m.
each day. He added that there would be people actually out in the park doing just park
supervision and making sure people are not misusing the tennis courts, etc.
Councilman Kelly moved to, by Minute Motion: 1) Authorize the Mayor to execute an agreement
with the Coachella Valley Recreation and Park District to schedule, supervise, and reserve the Civic Center
Park and associated amenities; and 2) appropriate an additional $5,000 from the Unobligated General Fund
Budget Reserve to Account #110-4611-452-3320, Civic Center Park Contract Repair and Maintenance.
Motion was seconded by Snyder and carried by unanimous vote.
Y. j.F•rrF, from Mrs. Robert R. Wilde and Mrs. Roger Giegling Representing Belmonte
Homeowners Relative to Building of the Unfinished Tract on Belmonte Drive.
MR. RICK FARBER, 6 Belmonte Drive, Belmonte Estates, addressed Council relative to the
validity of the review process for residential developments. He said Triad Development had
built the original 90 lots in Phase I in accordance with City conditions of approval. There
is now a new developer coming in who has proposed and shown to homeowners exhibits of
new homes which are totally contrary to the conditions of approval for Phase I. He said he
felt the new developer should build the new homes in accordance with what has been done
in the other phase.
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Mr. Diaz stated that this matter had been under discussion for some time, and he and Mayor
Wilson had met with a group of homeowners and the attorney representing homeowners in
the Belmonte area. He said he was confused at this time because it was his understanding
that the attorney was retained by the homeowners of Belmonte Estates and The Lakes
Association to try and work things out. He noted that all of the homes would have to go
through the Architectural Review Commission (ARC) for approval. He noted that single
family residential homes were normally approved at the staff level and did not go to the ARC
for approval unless the height was above 15 feet.
He added that staff would have no problem with the Council giving direction that all single
family homes throughout the City should go through the formal ARC approval process.
Mr. Diaz stated that he had looked at the La Quinta ordinance and felt it was a good one;
however, he questioned it being enforced in the courts. He asked that Council, if the City
Attorney agrees, direct staff to move forward with adopting a similar ordinance as an urgency
ordinance. He said no permits had yet been issued and that staff was still trying to work
things out.
Mr. Erwin expressed concern with adoption of such an ordinance because it would apply
throughout the City, and he did not know if there was a City-wide problem that needed to be
dealt with. He suggested instructing staff to make sure building permits are not issued until
this has gone through the required process.
Upon question by Mayor Wilson relative to a possible agreement by the developer that the
minimum square footage would be raised to 1900 square feet and the maximum would exceed
3000 square feet, Mr. Diaz responded that he had a call in to the developer's attorney and
would also contact the attorney for the homeowners.
Councilmember Benson asked whether there the City had something that said if a
development is approved under certain conditions, the developer must come back to the City
for approval of something different. Mr. Diaz responded that the new units would have to
be substantially compatible with the other units.
Councilman Kelly moved to, by Minute Motion, direct staff to delay issuance of permits for
Belmonte Estates and bring a full report to the next Council meeting, including a recommendation on the
City of La Quinta ordinance. Motion was seconded by Benson and carried by unanimous vote.
X. NEW BUSINESS
A. CONSIDERATION OF REOUEST FROM KLCX RADIO TO USE A 32'0" HIGH COLD
AIR BALLOON FOR PROMOTION OF MONDAY NIGHT FOOTBALL FOR 18
CONSECUTIVE WEEKS.
Mr. Altman noted the report in the packets.
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MR. ANDREW REIMER, General Manager of KLCX Radio, noted this station had been in
Palm Desert for two years, and one of its purposes was to draw people to the City. He
questioned staffs recommendation for denial and said a similar balloon had been approved
by the City for a three-hour event at the Palm Desert Town Center about a month ago.
Mr. Diaz responded that the event at the Town Center was one that had been advertised
previously, and staff approved it on that basis. In this particular case, the applicant called
in and asked for approval of a balloon every Monday night, and staff indicated this request
would have to be approved by the Council.
Upon question by Councilmember Benson, Mr. Reimer stated that the letter was incorrect in
indicating the balloon would need to be up from 11:00 a.m. to 11:00 p.m.; in fact, it would
only be needed for three hours every Monday night. He asked if Council would approve the
use of the balloon for the Monday night kickoff game and allow them to come back for other
approvals at a later date.
Councilman Kelly suggested approving the use of the balloon from 4:00 p.m. to 11:00 p.m.
to give the applicant time to put it up and then take it down.
Councilman Kelly moved to, by Minute Motion, grant the applicants' request to use a cold air
balloon for promotion of Monday Night Football for the evening of September 5, 1994, from 4:00 p.m. to
11:00 p.m. Motion was seconded by Wilson and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF DESERT CROSSING PARKING LOT LIGHTING
PLAN.
Mr. Altman noted the memorandum in the packets from Mr. Wohlmuth.
Councilman Kelly moved to, by Minute Motion, make a determination of exemption from
Ordinance 642, City of Palm Desert's Night Skies Ordinance, for the Desert Crossing Development.
Motion was seconded by Wilson and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF VIGNETTE FOR 1994 "SKINS GAME".
Mr. Altman noted the staff report in the packets.
Councilman Kelly moved to, by Minute Motion, approve the request and appropriate $100,000
from the Unobligated General Fund Reserves to Account No. 110-4416-414-3215 to pay for the production
and airing of a commercial to be run during The Skins Game. Motion was seconded by Snyder and carried
by unanimous vote.
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D. BBEOUEST FOR CONSIDERATION OF RETAIL MARKETING PROGRAM FOR i nrz i
FAIR FUNDS.
Mrs. Gilligan reviewed the staff report and offered to answer any questions.
Councilmember Benson moved to, by Minute Motion, direct staff to work with the Promotion
Committee in establishing a Retail Marketing Subcommittee for the purpose of establishing an advertising
campaign for the retail segment of the community utilizing the services of the City' advertising agency,
Wilkinson and Parlan, said program to be funded by Street Fair fees collected by the City. Motion was
seconded by Snyder and carried by unanimous vote.
E. REOUEST FOR APPROVAL OF QUIT CLAIM DEED TO DESERT COMMUNITIES,
INC. OF CERTAIN PROPERTY ERRONEOUSLY CONVEYED TO THE CITY BY
WESTINGHOUSE DESERT COMMUNITIES, INC. AS PART OF A DEDICATION
RELATING TO THE BIG HORN DEVELOPMENT.
Mr. Erwin stated that this was to correct a conveyance made back in 1991 when the City
received the open space land. He said the City was actually given too much land at that time,
and this quit claim deed will correct that.
Mayor Wilson moved to, by Minute Motion, approve the request and authorize the Mayor to
execute a Quit Claim Deed to Desert Communities, Inc. Motion was seconded by Kelly and carried by
unanimous vote.
F. KEOUEST FOR CONSIDERATION OF CIVIC CENTER OFFICE SPACE FOR COUNTY
FIRE DEPARTMENT DEPUTY CHIEF FOR EASTERN DIVISION.
Mr. Weller reviewed the staff report, noting that Eric Vogt had been promoted to the new
position of Deputy Chief for Eastern Division. The City had been approached relative to
providing office space for the new Deputy Chief at the Civic Center in the unfinished future
space behind the Finance Department. Staff recommended approval and authorization of an
amount not to exceed $30,000 to remodel that area and make it both office space and a City
Emergency Operations Center.
Upon question by Mayor Wilson relative to access to the area, Mr. Weller responded that the
design had not yet been done but that there was a rear door that could possibly be used if a
handicap walkway was also installed.
Councilman Snyder moved to, by Minute Motion, authorize the use of the future space by the
Riverside County Fire Department and appropriate an amount not to exceed $30,000 from the Unobligated
New Construction Tax Fund Reserves. Motion was seconded by Wilson.
Councilman Kelly suggested a regular ceiling as opposed to a T-bar ceiling which would save
money and still look nice.
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Mr. Weller stated that staff would look into this with the proposals.
Mr. Vogt thanked the Council and Mayor for this consideration and said what the Fire
Department was suggesting was a partnership in that office space so it would be not only
office space for himself but also the City's to use when it needs an E.O.C.
Councilmember Benson expressed concern that the City was paying for something created by
the County, although she said she was glad to have Mr. Vogt here and felt he had done a
good job.
Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council.
G. INFORMJ 11QNAL ITEMS:
1. Colony CableVision of California Update.
Mr. Janes noted the memorandum in the packets relative to cable complaints
received for the period from July 1 to August 5, 1994.
Upon question by Councilman Kelly, Mr. Janes responded that the south end of the
City is the last area to receive the fiber optic rebuild due to problems getting
permits approved by Southern California Edison. Councilman Kelly also stated he
did not feel staff should be getting involved in negotiations between two different
organizations (i.e., complaint dated 07/22/94 listed in the report). Mr. Janes stated
that staff only refers customers to the other cable company when they advise that
they have come to a stalemate with Colony; however, if it is Council's wish, staff
will no longer do that.
Mayor Wilson commended Mr. Janes and said he felt he does a good job of being
the buffer and representative between the people and the cable companies. He said
there were many problems; Mr. Janes has taken on that responsibility and is able
to satisfy people who are not able to get answers. He said he was happy with the
way Mr. Janes was handling these complaints.
2. Update on Multi -Agency Library.
Mr. Diaz stated that the bid process had been completed; Skidmoore Construction
was the low bidder and was awarded the contract. He said Ray House, Chairman
of the College of the Desert Board of Trustees, and Mr. Barney Sanders were both
in attendance to make a presentation relative to several alternates that were part of
the bid.
He said the first alternate was to use Indian Sandstone at an additional cost of
approximately $250,000; the second was German Sandstone at $392,000 additional
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and elimination of certain interior furnishings. He said everyone in the group had
immediately eliminated the German Sandstone, so the decision was whether or not
to go with the Indian Sandstone. He added that the official groundbreaking for the
new library was scheduled for October 21, 1994.
Mayor Wilson asked the architect for the project what his recommendation would
be.
MR. PAUL ZAJFEN of IBI responded that they originally recommended the
German Sandstone, but it was more expensive. He said they were now
recommending the Indian Sandstone instead.
Upon question by Mayor Wilson relative to the committee's review of this, Mr.
Diaz responded that he could only speak for several members and himself, and their
recommendation was the Indian Sandstone.
Mayor Wilson stated he felt if this much money was going to be spent to build
something and it is within budget, we should go with the architect's alternate
recommendation. He said he would be in favor of the Indian Sandstone approach.
Mayor Wilson moved to, by Minute Motion, instruct staff to convey the Council's desire to go with
the Indian Sandstone. Motion was seconded by Snyder and carried by unanimous vote.
3. Fred Waring Drive Rezoning.
Mr. Altman noted the memorandum in the packets and offered to answer any
questions.
Councilman Kelly moved to, by Minute Motion, authorize staff to meet with residents within a 300
foot radius of Fred Waring Drive between Deep Canyon and Portola to discuss rezoning and roadway
improvement options - ultimately developing a plan for this section of the corridor. Motion was seconded
by Snyder and carried by a 4-0-1 vote, with Mayor Wilson ABSENT.
With Council concurrence, Mayor Pro-Tem Crites recessed the meeting at 6:00 p.m. for dinner.
Mayor Wilson reconvened the meeting at 7:00 p.m.
XI. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF CIVIC CENTER PARK AQUATIC CENTER
(Continued from the Meeting of July 14, 1994).
Councilman Crites moved to continue this matter to the meeting of September 22, 1994, at the
request of the Aquatic Center Committee. Motion was seconded by Snyder and carried by unanimous vote.
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B. REQUEST FOR CONSIDERATION OF APPEAL TO A DECISION OF THE
ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST FOR APPROVAL
OF AN AWNING AS INSTALLED AT 73-199 EL PASEO, SUITE E, VISION AMERICA
OPTOMETRY, Case No. 4248SA, (Continued from the Meeting of July 14, 1994).
Mr. Diaz stated that this matter had been continued and referred to the El Paseo Business
Association for review and comment. He said there was a letter in the packets indicating the
Association's recommendation that the Council uphold the decision of the Architectural
Review Commission and require removal of the awning.
MR. ERNIE BROOKS, Palms to Pines Canvas, stated he had received letters of support from
merchants in businesses around the awning in question, and he submitted them to the City
Clerk. He said the Council had instructed him to meet with the El Paseo Business
Association Board, and he had tried to do so; however, he was notified when he came in to
get other permits that the meeting had already been held, and he was not given a chance to
appear before the Board. He said his direction from Council had been to show the Board the
two different fabric colors; while Steve Smith in the Planning Department did give the Board
the samples, he felt he should have been given the opportunity to meet with the Board in
person.
MRS. SONIA CAMPBELL, President of the El Paseo Business Association Board, stated that
the Board had met, with Planner Steve Smith in attendance, and looked at the samples
brought to the July 14th City Council meeting by Mr. Brooks. The Board voted to
recommend that the Council uphold the decision of the Architectural Review Commission.
Councilman Crites asked whether Mr. Brooks was given the opportunity to appear before the
Board, and Mrs. Campbell responded that this was not one of the directions from Council.
Council's direction was for the Board to look at the samples and make an evaluation of that.
Councilman Snyder stated that the problem was not just with the color but was with the
shininess of the fabric and the fact that it was put up without approval. He said the applicant
did not follow City procedures in putting up the awning, the El Paseo Board recommended
removal of the awning, and he could not approve it.
Councilman Kelly stated he did not have a problem with the color or style but that his
concern was that approval was given for one thing and something completely different was
installed.
Councilman Crites stated that the El Paseo Board unanimously recommended that the awning
be removed; however, a number of merchants on the same street and close to the awning say
they do not mind it. He said his understanding of Council's action at the last meeting was
that Mr. Brooks would have an opportunity to meet with the El Paseo Business Association
Board to make a presentation himself. He said he would like to see that opportunity granted,
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not because he felt the Board was wrong, but just because he thought Mr. Brooks should have
the opportunity to make his case in a democratic fashion.
Mayor Wilson stated that Council direction was probably not clear but that he agreed that the
intent was to allow Mr. Brooks to personally appear before the El Paseo Board.
Councilman Crites moved to, by Minute Motion, continue this item to the meeting of September
22, 1994, to allow the applicant an opportunity to present his case personally to the El Paseo Business
Association Board, with a note that this action by the Council does not in any way reflect on the Board's
previous decision to deny the awning. Councilmember Benson seconded the motion but asked for a list of
all letters received because she did not know where the businesses were located in relation to the awning.
Motion carried by unanimous vote.
C. REOUEST FOR APPROVAL OF SIGN PROGRAM FOR A 500,000 SQUARE FOOT
RETAIL CENTER (DESERT CROSSING) WHICH INCLUDES EXCEPTIONS TO SIGN
ORDINANCE SECTION 25.68.300 INVOLVING WALL SIGN HEIGHTS OVER 20 FEET
AND SECTION 25.68.310 INVOLVING FREESTANDING SIGNS, Case No. PP 92-5
Lowe Development Corporation, Applicant (Continued from the Meeting of July 14, 1994).
Mr. Diaz reviewed the staff report, noting that the recommendation was to approve the sign
program as recommended by the Architectural Review Commission (ARC). He stated the
main areas of difference appeared to be: 1) allowable square footage, particularly for the
maintenance; 2) type of lighting (ARC recommended halo lit); 3) number of colors (ARC
recommended three colors - red, blue, and ivory).
MR. GREG HOXWORTH, Lowe Enterprises, said they were in agreement with the
recommendation on the height of 28 feet, on the size, and on the monument sign for the
project. They were not in agreement on:
halo lit vs. internally illuminated letters. They felt internally lit would be easier to
see from vehicles driving by.
colors. He said they had originally come in with the colors red, white, blue, and
a fourth color. The ARC came up with ivory instead of the white.
He showed photos of signs at other centers and said the Michael's Center had red, white,
blue, light blue, and another color that looked like brown - five colors. He requested
approval of a fourth color for the center, the color green, and said this would add to their
ability to lease the spaces.
Mayor Wilson stated it was his understanding from Mr. Hoxworth that they were requesting
approval of internally lit letters, additional of a fourth color, and a change of color from ivory
to white. Mr. Hoxworth agreed.
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Upon question by Mayor Wilson relative to the Ralph's Center having two different shades
of red plus yellow, green, and white and whether this set a precedent, Mr. Diaz responded
that it was his understanding the ARC could not approve more than three colors, and because
shades are considered different colors, it could not approve the request by Lowe Enterprises;
however, Council has the ability to approve the request and has approved similar requests in
the past.
Upon question by Councilman Crites, Mr. Frank Urrutia, member of the Architectural
Review Commission, explained how the Commission had arrived at the ivory vs. white color.
He said ivory was a typically softer color and blended better with the color tones presented
to the Commission. With regard to halo lit letters vs. internally illuminated, he said he was
still comfortable with halo lit over internally lit. He said there may be a little fuzziness
around the edges, but they were generally big enough in size with enough contrast against the
buildings for people to be able to see them. With regard to colors, he said the ARC, as a
matter of policy, had tried to limit them to three. He said the Mervyn's Center was one
where the ARC recommended three colors and Council allowed different color tones. He
recommended that if Council does wish to approve another color that it stay with a tone
change and not allow an additional color.
MR. JOSEPH RIZZIO, Architect for Circuit City, stated his organization had been promised
the same signage at this new location as they had at the Mervyn's location. Mr. Diaz
disagreed and stated that until this time staff did not know Circuit City was definitely
relocating to the new center, and staff had never said Circuit City would have the same
amount of signage as it has at the Mervyn's center. He added that all signs must be approved
by the ARC.
Councilman Crites stated that Circuit City could have its signage if the developer wants to
take away some of the signage for another business.
Councilmember Benson noted that she was opposed to three monument signs and did not feel
that many were necessary.
Mr. Hoxworth noted that all of the centers approved in the last three years had at least four
colors in their signs. With regard to the Circuit City issue, he said this was a function of the
Sign Ordinance and was based on the front footage. The current store they are in has a
larger front that the new one.
Mayor Wilson stated there were several issues of disagreement that needed to be discussed
by the Council: 1) halo vs. internally illuminated lights; and 2) signage colors.
Councilman Crites stated he felt the halo lit had a better look and added a touch of ambiance
to the center, while internally illuminated lights do not.
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Councilman Kelly stated he had difficulty in many locations finding the place he is looking
for. He said if the internally illuminated lights are not very distracting and do not do
anything detrimental to the building, he does not see anything wrong. With regard to having
three monument signs, he said this center has a large frontage on Highway 111 and Fred
Waring. Palm Desert will be competing for business with other cities, and we are trying to
keep that area Palm Desert's shopping area. He said he felt the Council should do everything
possible to help Palm Desert businesses do a better job and be competitive. He said he saw
nothing wrong with internally lit signs, the color white, and four colors for the signage.
Councilman Snyder stated it would be very difficult for him to overrule the ARC in any
situation they have considered and made a recommendation on. He said he recognized that
ivory was a softer color, and he said he did not have much trouble with the colors.
Councilmember Benson stated she felt the developer should stay with halo lit letters, three
colors, and two monument signs.
Councilman Crites stated that granting the applicant either a tint or tone of one of the
approved colors was a way they could still stay in the color range but have the flexibility in
signage contrast.
Mayor Wilson stated he agreed with the ARC's recommendation relative to halo lit letters.
He said he had no problem with the additional color green and changing the ivory to white.
Councilman Kelly moved to, by Minute Motion, authorize the use of an additional color (green)
and approve a color change from ivory to white. Motion was seconded by Snyder and carried by a 4-1 vote,
with Councilmember Benson voting NO.
Councilman Crites moved to, by Minute Motion, accept the recommendation of the Architectural
Review Commission that all wall signs be halo lit with 4500 white neon. Motion was seconded by Benson
and carried by a 4-1 vote, with Councilman Kelly voting NO.
XII. OLD BUSINESS
A. REOUEST FOR CONSIDERATION OF PEDESTRIAN PLAZA AREA FOR DESERT
CROSSING COMMERCIAL COMPLEX.
Mr. Diaz reviewed the staff report and recommendation. He said the developer and the
Architectural Review Commission needed direction on Painters Path as to whether the
Council would want landscaping all the way to the curb or instead to have the curb, then a
sidewalk, and then landscaping. Staff recommended putting a sidewalk on Painters Path.
MR. TED LENNON, Lowe Enterprises, 72-085 Clancy Lane, Rancho Mirage, stated they
had tried to break the two pedestrian plazas into two distinct areas with a combined area of
close to 8,000 square feet. He said they would include a public art feature and would work
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the details out with the appropriate City committees. He noted the design called for date
palms in planters, food carts, etc. In addition, they were trying to have creative drinking
fountains such as tree trunks out of the date palms. He reviewed plans for both areas.
Councilman Crites moved to, by Minute Motion, approve the changes as reviewed by Mr. Lennon,
noting that he felt they were excellent changes that would add to the center. Motion was seconded by Kelly
and carried by a 4-1 vote, with Councilmember Benson voting NO.
B. REQUEST FOR CONSIDERATION OF PROPOSED ASSESSMENT DISTRICT FOR
SUNTERRACE - ASSESSMENT DISTRICT 94-2.
Mr. Altman noted the memorandum in the packets from Mr. Diaz.
Councilman Crites moved to waive further reading and adopt Resolution No. 94-96, expressing
intention to proceed with the formation of and the issuance and sale of bonds for proposed Assessment
District No. 94-2 (Sunterrace) and authorizing negotiation of agreement regarding formation of said
Assessment District with Robert B. Varner (Contract No. C08990). Motion was seconded by Kelly and
carried by unanimous vote.
C. REOUEST FOR CONSIDERATION OF PROPOSED PRIVATE RESTAURANT AT THE
CIVIC CENTER PARK.
Mr. Diaz reviewed the staff report and said staff felt design concerns could be addressed
through proper review. The issue of whether the use in and of itself was inherently
compatible or incompatible with the site was an issue that Council must determine. If
Council felt the use was inappropriate, the entire procedure should be stopped now; if,
however, Council feels the proposed use could be designed in such a manner that it is
compatible with the Civic Center Park, then it should proceed. Staff requested Council
direction in this matter.
MR. ALIBABA FARZANEH, 39-920 Newcastle Drive, Palm Desert, spoke as the applicant
and reviewed his proposed project. He offered to answer any questions.
Councilman Crites stated he felt Mr. Farzaneh was a person of quality and had a good
reputation of following through on things like this. The question was whether or not this was
something that would be appropriate for the park. He said the park was filling up with
people and uses; what was once empty space is increasingly filling up. He said his concern
was whether or not the Council wants to add more uses to a facility that is already beginning
to achieve high usage. He said this was an area that gets high traffic and that he had
wandered through the park and asked people for their opinion about the proposed restaurant.
He said people were both favorable and unfavorable, and there were also responses such as
"I don't care".
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Councilman Kelly stated there was no question that this would be a successful project.
However, he expressed concern with: 1) compatibility with what we have established there
and the high usage we already have; and 2) the City getting involved in something that would
compete with other restaurants in the community. He said one of the City of Palm Desert's
largest revenue sources was sales tax from restaurants; they have a touch time already, and
he said he felt it would be unfair competition on the part of the City to be involved in a
program such as this.
Councilmember Benson agreed with Crites that there is no doubt that if there were to be a
restaurant, Mr. Farzaneh would do a good job. However, she said she felt there were other
priorities for the Council to consider before starting on something that is not a necessity.
Councilman Snyder suggested that Council refer the matter back to the Civic Center Steering
Committee one more time to review all the ramifications and look at what is happening in the
park. The Committee could then come back to the Council with a recommendation.
Councilman Crites stated that Councilman Kelly's concern was about City involvement in
competition, while Councilmember Benson was concerned with whether we have adequate
funding in terms of priorities. He said he would ask that the Steering Committee somehow
go out and talk to park users to solicit additional input from people who are actually out in
the park.
Councilman Kelly suggested that the Parks and Recreation Commission also look at this
again.
Councilman Snyder moved to, by Minute Motion, refer this matter to the Parks & Recreation
Commission and back to the Civic Center Steering Committee for additional review, with that review to
include addressing the different issues brought up by Councilmembers during the meeting and with direction
to staff to solicit public input from users of the park. Motion was seconded by Kelly and carried by
unanimous vote.
Mr. Farzaneh stated that he would like to see the City's newsletter include a picture of the
model of the restaurant and have the newsletter sent to all citizens requesting input. He
added that he felt the restaurant would be a promotion item for the City and that they would
sell items in the restaurant that said Palm Desert on them.
Councilman Crites agreed that this was a good idea.
D. REOUEST FOR CONSIDERATION OF I-10 AND COOK STREET INTERCHANGE
COOPERATIVE AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT FOR
PROJECT SEWER FACILITIES RELOCATION (Contract No. C08551).
Mr. Folkers reviewed the staff report and recommendation.
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Councilman Snyder moved to, by Minute Motion: 1) Approve amendment #1 to the Cooperative
Agreement (Contract No. C185 ) with the Coachella Valley Water District to modify the project work split
and cash contribution for the swap of sewer main design and cash to the amount of $265,085.00 in lieu of
rebuilding the existing forced main sewer pump station; 2) appropriate funds from the project account #481-
4389-433-4001. Motion was seconded by Benson and carried by unanimous vote.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
1. Interactive Fountain for Civic Center Parr
Mr. Erwin noted the report in the packets. He said he had been advised earlier today that
the contractor did have a license. He asked that Council continue this matter to the next
meeting so that he could continue to review the matter.
Councilman Crites moved to continue this matter to the meeting of September 8, 1994. Motion
was seconded by Kelly and carried by unanimous vote.
2. Request for Closed Session:
Mr. Ortega noted that the agenda listed a Request for a Closed Session relative to a
mobilehome in Portola Palms Mobilehome Park which was donated to the City. He said the
City had received an offer to purchase the mobilehome. Since that time, staff had had
discussions with the people who manage the park, and staff would be meeting with them next
week. He said staff was withdrawing its request for a Closed Session at this time.
3. Mr. Erwin asked that Council adjourn this meeting to 12:00 noon oA Friday, September 2,
1994, for the purpose of reviewing the 2010 Plan and then going into a Closed Session for
a personnel matter.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Evening Security for Civic Center Park (Councilman Richard S. Kelly).
Action:
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 1994
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o City Council Committee Reports:
None
XIV. ORAL COMMUNICATIONS - B
None
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
NOTE: COUNCIL ENDED ITS 4:00 P.M. SESSION WITH NEW BUSINESS ITEM G. ALL
OTHER ITEMS WERE CONSIDERED AT THE 7:00 P.M. PORTION OF THE MEETING.
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENT TO THE EL PASEO BUSINESS ASSOCIATION BOARD TO FILL THE
VACANCY CREATED BY THE EXPIRATION OF TERM OF GLORIA GREER.
Councilman Crites moved to, by Minute Motion, appoint Mr. Patrick Harkins to fill the vacancy
created by the expiration of term of Ms. Gloria Greer. Motion was seconded by Benson and carried by
unanimous vote.
B. APPOINTMENT TO THE BUILDING BOARD OF APPEALS AND CONDEMNATION
TO FILL THE VACANCY CREATED BY THE RESIGNATION OF TOM SCOTT.
Councilman Crites moved to, by Minute Motion, appoint Mr. Rod Murphy to the Building Board
of Appeals and Condemnation, with the proviso that the appropriate paperwork (i.e., application and conflict
of interest statement) be completed and submitted to the City. Motion was seconded by Kelly and carried
by unanimous vote.
C. APPOINTMENT TO THE CIVIC ARTS COMM), i i tr. TO FILL THE VACANCIES
CREATED BY THE RESIGNATION OF EARLE STONE AND THE EXPIRATION OF
TERMS OF JANET BRODY, PAULA KROONEN, AND JOHN NORMAN.
Councilman Crites stated that he had a list of applicants to be interviewed to fill these
vacancies, and he asked that Council forward to him any other suggestions they might have
for interviewees. He asked that Council reappoint Ms. Janet Brody, Ms. Paula Kroonen, and
Dr. John Norman to this committee.
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Councilman Kelly moved to, by Minute Motion, reappoint Ms. Janet Brody, Ms. Paula Kroonen,
and Dr. John Norman to the Civic Arts Committee. Motion was seconded by Benson and carried by
unanimous vote.
D. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION TO FILL
VACANCIES CREATED BY THE RESIGNATION OF DENNIS ORSBORN AND THE
EXPIRATION OF TERMS OF DOLORIS DRISKEL AND JOHN MARMAN.
Councilman Crites stated that Mr. Driskel had been a member of the Commission since 1978
and provided a valuable resource because of the length of time she had served. In addition,
Mr. Marman was important because of his position in athletic programs. He suggested that
they both be reappointed to the Commission. He said he had a list of applicants to be
interviewed for the other vacancy and asked that suggestions for other interviewees be
forwarded to him as soon as possible.
Councilman Crites moved to, by Minute Motion, reappoint Ms. Doloris Driskel and Mr. John
Marman to the Parks and Recreation Commission. Motion was seconded by Kelly and carried by unanimous
vote.
E. APPOINTMEII TO THE PLANNING COMMISSION TO FILL THE VACANCIES
CREATED BY THE RESIGNATION OF DIANE COX AND THE EXPIRATION OF
TERM OF CAROL WHITLOCK.
Councilman Crites asked that this matter be continued to the next meeting and that a time be set
up for all the Councilmembers to meet and interview applicants for these vacancies. Council concurred.
F.
APPOINTMENT TO THE PROMOTION COMMi i i r.z TO FILL VACANCIES
CREATED BY THE RESIGNATIONS OF LLOYD CHESTER AND STEVE WARSH AND
THE EXPIRATION OF TERMS OF DIANA BROWN, ELIZABETH GREEN, GROVER
NOBLES, LOU FEIRING, JIM LOPEZ, ALLAN NYMAN, ROBERT SCHOLL, DICK
SHALHOUB, AND PIPER WILSON.
Councilman Crites stated that interviews had not yet been set up for these vacancies, and he asked
that the matter be continued to the next meeting. Council concurred.
G. APPOINTMENT TO THE COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT
BOARD TO FILL THE VACANCY CREATED BY THE RESIGNATION OF DR.
ROBERT ROTTSCHAEFER.
Councilman Crites stated that he and Councilman Kelly knew of a potential candidate to fill this
vacancy and asked that the matter be held until the meeting of September 8, 1994. Council concurred.
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H. APPOINTMENT TO THE SISTER CITIES COMIvu i 1 r.= TO FILL THE VACANCY
CREATED BY THE RESIGNATION OF GROVER NOBLES.
Councilman Crites moved to, by Minute Motion, appoint Ms. Isabel Lozano to the Sister Cities
Committee to fill the vacancy created by the resignation of Mr. Grover Nobles. Motion was seconded by
Kelly and carried by unanimous vote.
XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP
FOR A RESIDENTIAL CONDOMINIUM PROJECT OF UP TO 136 SINGLE FAMILY
UNITS ON 31 ACRES AND A GENERAL PLAN AMENDMENT AND CHANGE OF
ZONE FROM MEDIUM DENSITY RESIDENTIAL (PR-7) TO PC-2 (DISTRICT
COMMERCIAL) ON 9.1 ACRES WITH A PRECISE PLAN OF DESIGN ALLOWING
FOR UP TO 86,220 SQUARE FEET OF NEIGHBORHOOD SHOPPING CENTER AT
THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY
AVENUE, Case Nos. GPA 93-4. C/1 93-4. PP 93-6. and TT 27882, Robert L. Mayer Trust,
Applicant (Continued from the Meeting of July 14, 1994).
Mr. Diaz reviewed the staff report, noting that this matter had been continued from the
meeting of July 14, 1994, in order to enable the applicant to go back and do some redesign
and reconfiguration of the project. He said staff continued to recommend approval of the
project.
Mayor Wilson noted the public hearing was still open. He noted that the motion to continue the
matter from the last meeting was for the applicant to come back with a substantially different
project, and he said he hoped the applicant would focus on the major changes made.
MR. DAVID PAYNTER, Paynter-Willsey Properties, stated that his company was involved,
along with Albertson's, in the retail portion of the project and not the residential portion. He
said they would not be speaking on the residential at this meeting unless Council had
questions. He said the residential did not seem to be an issue at the last meeting, although
they had on the most recent plan reduced the residential by one additional lot to provide
additional landscaping buffer from the residential to the commercial as an enhancement. He
noted that they appreciated the opportunity to make an additional presentation to the Council
to go over the enhancements made to the project. He said they felt challenged by both
Council and staff in terms of their interest in seeing a quality project and had endeavored to
listen carefully to the comments made by each of the Councilmembers and staff and had
incorporated those comments as much as possible into the presentation. He noted they had
received Architectural Review Commission approval, Economic Development Committee
approval, and Planning Commission approval and hoped to obtain Council approval at this
meeting. He introduced Mr. Frank Urrutia as the architect for the project.
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MR. FRANK URRUTIA, Urrutia-Prest Architects, reviewed the architecture of the project,
noting that setbacks of the landscaping along Country Club had been increased from 27 feet
to 39 feet. He noted that there were key landscaping elements at the entrances, such as date
palms. He said they were proposing to provide enough landscaping along the building area
to screen the loading dock area in the back. Canopy trees would be installed in the parking
lot to provide adequate shading for the cars. He noted that adequate screening would be
provided to screen the residential areas from the backs of the buildings. Enhanced paving
had been added for the entrances and would be carried up into the retail area. A sculpture
garden was proposed next to pads 5 and 4; in addition, they were proposing to incorporate
additional artwork throughout the site and would include that as an integrated part of the
architecture. Artists had been contacted from Santa Fe who did bas relief sculpture as part
of architectural work, and it was felt this could enhance the architecture as well as the art
program. With regard to landscaping, he said some mitigation measures were proposed along
the Monterey Avenue approach to create pockets along Monterey to provide additional tree
spots as well as additional landscaping along the sidewalk area. He added that in terms of
coverage, landscaping covered approximately 32% of the site. With regard to architecture,
he said they were still proposing the same concept presented at the last meeting. Although
the site plan had changed from the plan initially presented, the concept would remain as far
as type of design.
MR. ED SLOMAN, Engineer, addressed Council relative to circulation, noting plans for an
additional 20 feet of right-of-way to facilitate an additional free right turn similar to the one
at Portola and Highway 111 which they understood was working very well. He noted that
the traffic report, in terms of going from an "F" to a "C", did not contemplate Cook Street
or a Cook Street Overpass or access to the freeway. He said if the Cook Street Overpass
were to come about, it would help the situation at this intersection. He added that two bus
turnout lanes to facilitate commuter travel.
Mr. Paynter noted the increased landscape setbacks from Country Club Drive to 39 feet
which he said exceeded other centers in the community. He stated that since the last meeting,
they had met with the owner of Suncrest Country Club and discussed with him the golf cart
access, and he had indicated a willingness to put in the curbs, gutters, and sidewalks on the
undeveloped land between his project and this center. Mr. Paynter also indicated that the
applicant would pay the cost to widen the existing six feet of sidewalk in front of Suncrest
to 12 feet, which is the width needed for golf carts. He said they had also met with
representatives of Palm Desert Greens to do the same thing from their facility so people will
be able to leave Palm Desert Greens in their golf carts and travel to the shopping center
without ever having to drive on a City street. He reviewed other amenities that had been
added, including additional landscaping, architectural treatments of colored concrete or some
other type of paving that would be attractive, a sculpture garden, an additional sculpture near
the grocery store, and architectural panels on the buildings as part of the Art -In -Public -Places
requirement. He noted that without this project, traffic at this intersection will only get
worse, and he felt the project could be a signature development and have a positive impact
as people come into the community. He stated that the only opposition at the last meeting
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was from the owner of the shopping center across the street who was concerned with the need
for additional retail in this area. He said they had tried to mitigate those concerns but
believed there was a need for an additional ,a „ V .,., store. He suggested that a condition be
imposed on the project which would require that for three years they not be allowed to have
smaller businesses in the center that would be duplicates of those in the center across the
street. They would also have to come back to the Council after that three-year period to have
the condition removed.
Mayor Wilson invited testimony in FAVOR of this request. The following supported the project:
SANDY ROBINSON, 75-618 McLachlin Circle, Avondale.
GREG McNIFF, 42-669 Brighton.
ANN SCHELTEN, 73-565 Encelia.
TIM BARTLETT, resident of and employed in Palm Desert.
REX MARLIN, San Tropez.
MR. PRUETT, 37 Santa Domingo, Rancho Mirage.
Mayor Wilson invited testimony in OPPOSITION.
KEN GLASSMAN, President of Friends of the Environment, Palm Springs, read a prepared
statement in opposition to the project. He said he was extremely proud of the Council for
turning down the Walmart development at this same site. He was concerned with negative
impacts of traffic which he felt could not be mitigated to the satisfaction of everyone
involved. He also expressed concern about the additional noise, the abundance of
neighborhood shopping in the area, the significant commercial zoning on vacant land on
Monterey Avenue between Country Club Drive and Interstate 10 for future development, the
inadequate size of some of the proposed single family lots, and the reduction in the value of
homes by commercial zoning on that corner. He recommended that the Council zealously
guard the General Plan, enforce its spirit, and retain the residential zoning at Monterey and
Country Club Drive.
RAY ELIANTE, 40-088 Silktree Court, Sagewood, asked that there be no zone change and
that Council continue to stand firm.
JEFF BRANDT, 40-635 Posada Court, owner of a yogurt store in Palm Desert, asked that
the property be left as it is currently zoned. Felt that the City needed a strong, successful
small business community as opposed to another shopping center.
JOHN WESSMAN, 72-200 Clancy Lane, Rancho Mirage, said this was not a matter of
whether the project is well designed or not because the City of Palm Desert would make sure
it was a well designed project. He said it was truly a matter of zoning and the General Plan.
He spoke in opposition to the zone change.
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SANFORD SKLAR, Suncrest Country Club, stated that prior to buying into Suncrest nine
years ago, he had checked to make sure the area was zoned residential and also checked the
Master Plan for Palm Desert. On that basis and on the basis that staff advised that zone
changes were very rare, he decided to purchase in Suncrest. He expressed concern that
changing the zoning would initiate other attacks aimed at changing the Master Plan. He said
he applauded the residential aspects of the project but deplored the commercial part, and he
asked that the Council not grant the zone change and maintain the residential character of
Country Club Drive.
TOM SIANI, 39-490 Regency Way, a merchant in Monterey Plaza Shopping Center, stated
that business was down in the last three years and that he was downsizing his business. He
said his hope for the future was that the area across the street would be developed as
residential.
MS. PINA FACELLA, 77-713 Baron Circle, spoke as a tenant of Plaza de Monterey and
agreed with Mr. Siani.
HOWARD FLEISHMAN, merchant in Plaza de Monterey, stated that any additional
competition would be very difficult for these small merchants.
BILL CARVER, landlord of Plaza de Monterey, stated that his understanding was that this
matter had been continued so that a plan could be presented to the Council that was
substantially different from the one at the last meeting. He said he had seen another ten feet
of landscaping and a slight reduction in square footage but no substantial change to the overall
concept of the commercial portion of the project. He said the City had its North Sphere
where it can really do some long range planning and come up with plans that can be lived up
to over the years as development occurs. He said that since the North Sphere Plan was
adopted and Lucky Store went in, there has been no other residential construction taking place
anywhere near this intersection. In addition, the Ralphs center had gone into the same area,
and he said there had been an increase of supply of retail but not in the demand for it.
Mayor Wilson invited REBUTTAL.
Mr. Bartlett stated he had gone door to door to talk to people about this development and
until today was only aware of three people who were opposed. He resubmitted 32 letters in
support of the project.
Mr. Paynter stated he did not think it was fair on the part of those who felt Council had made
a commitment when it turned down the Walmart project. He said this was a neighborhood
project while the Walmart development was a regional project.
Mr. Robert Mayer, Newport Beach, spoke as owner of the ra and showed Council a
1976 photograph of Palm Desert and this before he purchased it in early 1978. He
said he wanted to clear up the idea that he would make a windfall profit on this development.
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He noted he had sold the in 1980 for the same amount he had paid; nothing
developed on the land, and when he realized that Monterey Avenue would continue to I-10,
it appeared there might be a potential use for commercial some time in the future, and he
purchased it again for a much higher price in 1986. He said he was hoping to at least break
even and to build something he and the City could be proud of. He added that he felt they
had done everything possible to abide by Council's wishes.
Mayor Wilson declared the public hearing cloct.
Councilman Crites stated he would like to address the issue of the zone change first. He
briefly reviewed the history of the zoning for the area. He stated that Council could amend
the General Plan based on: 1) Existing zoning cannot be used (which he said he did not think
was true in this case); 2) determination of a need for such a change. He said he had no doubt
that the center would be successful, and he agreed Albertson's was a quality product and
would do a quality job. However, he said he had not yet seen demonstrated the compelling
need for more commercial.
Councilman Kelly stated that the General Plan was just that - a plan — and it should change
as circumstances change. To stick with a plan just because it is a plan can sometimes be a
mistake. He said he felt changing the zoning was a very serious thing, has to give something
back, and cannot be something that adversely affects the environment or quality of life. He
said he would not want to live at the corner of Monterey and Country Club and doubted that
many people would. He said he felt this was a matter of designing something that does not
adversely affect people who live around it or other citizens in Palm Desert. One way to do
that would be to do a project like this one where there are residential units surrounding the
commercial and mitigate the impacts of the project on those residences. He added that a lot
of time had been put into this project, and one of the things that swayed him on the project
and the zone change was the developer's willingness to do something that would attract a
different mode of transportation which he felt would be a tremendous improvement in the
quality of life for people who live in areas such as Palm Desert Greens and Suncrest Country
Club. He added that this would also be good in light of the requirements the City has down
the road for alternative transportation.
Councilmember Benson agreed that some of the improvements made were good; however,
she felt very strongly that there must be a compelling reason to change the zone, and she did
not see such a compelling reason at this time. She did not feel there was a compelling need
for another supermarket nor an additional 126 homes when there are homes in every project
for sale in every area of the City. She added that she was not in favor of this project at all.
Councilman Snyder stated he did not have a problem voting against the Walmart project
because it took up the entire area and backed up to existing development. He agreed there
was a problem at this corner that must be improved somehow. This development would put
$1.5 million into improving the corner. The developer has also agreed today not to take any
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business from across the street, and he said this had been one of his concerns. He said he
felt the project had more pluses than minuses.
Councilman Wilson stated he felt this was an outstanding development team that had gone the
extra mile to try and design something that is not just a regular shopping center, something
with aesthetics and lots of appealing amenities to it. However, he had not been convinced
that residential cannot go on that corner. He noted both The !Aces and Desert Falls which
are at busy intersections that will become even busier when the Cook Street Interchange is
completed. He also did not see a compelling reason to change the zoning. He said he felt
Albertson's would do well here, but it would do well by taking existing grocery shoppers that
are going to Ralph's, Lucky, Von's, etc. and redistributing the wealth to this store. He felt
it would be dangerous to amend the General Plan to add more commercial at a time when
there are vacant spaces throughout the City. He noted that there were many times in the past
when the City has told a developer it would love to have them if they would go to a
commercial site; i.e., Walmart. He added that when the Lucky center went in, there was a
feeling of "wouldn't it be awful if we had shopping centers at all four corners". He said if
he were on the Rancho Mirage City Council and saw Palm Desert go commercial on both
sides of the intersection, he would go to commercial on the Rancho Mirage side also.
Upon question by Mayor Wilson, Mr. Erwin stated that if Council so wished, it should direct
staff to prepare a resolution denying the General Plan Amendment and Change of Zone and
bring it back to the Council at its next regular meeting.
Mayor Wilson reopened the public hearing at the request of the developer.
Mr. Sloman stated that there would still be the tentative map even if Council denies the
General Plan Amendment and Change of Zone. He asked if Council could at this time
approve at least the residential portion that had been submitted.
Mayor Wilson declared the public hearing closed.
In response to Mr. Sloman's request, Mr. Diaz stated that staff s concern was whether the
applicant accepted all of the conditions on the resolution pertaining to the tentative tract map.
Councilman Crites noted that the lot size on the tentative tract map was larger than required
by the zoning, and this was a tradeoff made by the developer for the commercial. He said
his suggestion would be that the tentative tract map be neither accepted nor denied at this time
and that it be considered as a separate item from the General Plan Amendment and Change
of Zone.
Mr. Sloman stated that he wanted to be sure that if the Council voted to deny the General
Plan Amendment and Change of Zone at this time, the tentative tract map would still be
something that could be considered.
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Councilman Crites moved to continue consideration of Tentative Tract Map 27882 to the meeting
of September 8, 1994. Motion was seconded by Benson and carried by unanimous vote.
Councilman Crites moved to deny the request for General Plan Amendment and Change of Zone.
Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Kelly voting NO.
With Council concurrence, Mayor Wilson called a recess at 10:00 p.m. and reconvened the meeting at 10:05
p. m.
B. REOUEST FOR CONSIDERATION OF A RESOLUTION ADOPTING THE MITIGATED
NEGATIVE DECLARATION/FONSI (FINDING OF NO SIGNIFICANT IMPACT) FOR
THE PROPOSED CONSTRUCTION OF A NEW CONNECTION TO INTERSTATE 10
(I-10) AT THE PLANNED NORTHERLY EXTENSIONS OF COOK STREET IN THE
CITY OF PALM DESERT AND CHASE SCHOOL ROAD IN RIVERSIDE COUNTY.
Mayor Wilson declared the public hearing own.
Mr. Folkers noted the staff report in the packets and offered to answer any questions.
Mayor Wilson invited testimony in FAVOR of or OPPOSE]) to this request. No testimony was
offered, and he declared the public hearing closed.
Councilman Crites noted that ten years ago the City set out a fee for the lizard preserve out
in this area. An audit had finally been done, and the City of Palm Desert came out very
well. He stated there had been an issue with Palm Desert having to do with us in the past
assessing those fees on the number of acres that would actually be disturbed rather than the
entire acreage, and he asked staff to address this.
Mr. Folkers responded that he and Mr. Diaz had discussed this and noted that the fees
charged are based on the project size. Mr. Diaz added that even the Marriott paid on
everything. Mr. Folkers noted that staff would check into this to make sure the City is doing
it correctly.
Councilman Crites moved to waive further reading and adopt Resolution No. 94-97, adopting the
Mitigated Negative Declaration/FONSI (Finding of No Significant Impact) and the associated Mitigation
Monitoring Matrix for the proposed project. Motion was seconded by Kelly and carried by unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
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XX. ADJOURNMENT
Upon motion by Crites, second by Kelly, and unanimous vote of the Council, Mayor Wilson
adjourned the meeting at 10:23 p.m. to 12:00 noon on Friday, September 2, 1994, for the purpose of
reviewing the 2010 Plan and then going into a Closed Session for a personnel matter.
ATTEST:
SHEILA R (G.LIGAN, CITY CL
CITY OF PALM DESERT, CALIFORNIA
OY WILSON, MAYOR
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