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HomeMy WebLinkAbout1994-01-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson convened the meeting at 4:05 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Buford A. Crites III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Mayor Pro-Tempore Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Excused Absence: Councilmember Jean M. Benson Also Present: Bruce A. Altman City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Carlos L. Ortega, ACM/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 Dave Millheim, Director of Human Resources Paul Gibson, Director of Finance Wayne Ramsey, Acting Director of Code Compliance Pat Conlon, Director of Building and Safety Catherine Sass, Community Arts Manager Larry McAllister, General Services Director Ken Weller, Emergency Services Director John Wohlmuth, Environmental Conservation Manager MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. Mills= of the Regular City Council Meeting of January 13, 1994. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 29A, 30, 31, and 33. Rec: Approve as presented. C. MINUTES of the Civic Arts Committee Meetings of September 13, October 11, November 8, and December 13, 1993. Rec: Receive and file. D. REQUEST FOR APPROVAL of Amendment to Agreement for Law Enforcement Services between the City of Palm Desert and the County of Riverside (Contract No. C06892) Adding Five Additional Police Officers and One Additional Community Services Officer for the Palm Desert Country Club Annexation. Rec: By Minute Motion, authorize the Mayor to sign the Second Amendment to Agreement for Law Enforcement Services between the County of Riverside and the City of Palm Desert (Contract No. C06892). E. REQUEST FOR APPROVAL of Out -of -State Travel for Emergency Services Coordinator and Crime Prevention Officer. Rec: By Minute Motion, authorize the Emergency Services Coordinator and the Crime Prevention Officer to travel to Arizona and Nevada for a site visit and conference. F. REOUEST FOR APPROVAL of Extension of Audit Services for Fiscal Year Ending June 30, 1994, with Diehl, Evans & Company in Joint Venture with Oscar Armijo, CPA, for City of Palm Desert and Palm Desert Redevelopment Agency, with Audit Services to Include Transient Occupancy Tax Audit for the City of Palm Desert (Contract No. C06281). Rec: By Minute Motion, approve the extension of audit services for the fiscal year ending June 30, 1994, with Diehl, Evans and Company in joint venture with Oscar Armijo, CPA, for the City of Palm Desert and the Palm Desert Redevelopment Agency, with audit services to include transient occupancy tax audit for the City. 2 111NUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REOUEST FOR APPROVAL to Hire Telecommunications Management Corporation (TMC) to Review Colony Cablevision's Federal Communications Commission Form No. 393 (Contract No. C08210). Rec: By Minute Motion, approve the hiring of Telecommunications Management . Corporation (TMC) to review Colony Cablevision's Federal Communications Commission Form No. 393 (Contract No. C08210). H. REOUEST FOR APPROVAL of Final Parcel Map 27400 (Trustees of the Estate of Bernice Pauahi Bishop, Applicant). Rec: Waive further reading and adopt Resolution No. 94-16, approving Parcel Map 27400. I. REOUEST FOR APPROVAL of Construction Change Order No. 1 to Contract No. C07200 for Construction of Traffic Signals at Cook Street/Merle Drive (Project No. 566-94) and Country Club Drive/San Tropez/Suncrest Intersection (Project No. 568-94). Rec: By Minute Motion, approve Construction Change Order No. 1 to Contract No. C07200 for the construction of traffic signals at Cook Street/Merle Drive (Project No. 566-93) and Country Club Drive/San Tropez/Suncrest intersection (Project No. 568-93) in the amount of $6,201.00 and transfer this amount from contingency to base in Account #234-4272-422-4001. J. REOUEST FOR APPROVAL of Design Change Order No. 1 to Contract No. C07420 for Cook Street Extension (Project No. 660-94). Rec: By Minute Motion, approve Design Change Order No. 1 to Contract No. C07420 in the amount of $27,200.00 for the design modification of the extension of Cook Street at Frank Sinatra Drive and transfer this amount from Capital Project Reserve Fund Account No. 400-4356-433-4001. K. REOUEST FQR ACCEPTANCE OF WORK for Contract No. C06610, Construction of Ironwood Park. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. L. REOUEST FOR APPROVAL of the Extension of Contract for Landscape Maintenance and Services for the Palm Desert Sports Facility (Contract No. C06862). Rec: By Minute Motion, authorize a one-year extension for the landscape maintenance services of the Palm Desert Sports Facility to Carter and Carter Landscape in the amount of $39,474.00. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 s s s* s s s s s s s s s s s s s s s s s s s s s s s s s* s s# s s s s s M. REOUEST FOR APPROVAL of Construction Change Order No. 1 to Contract No. C07500 for Street and Traffic Signal Modifications, Highway 111 and San Pablo Right Turn Lane (Project No. 665-94). Rec: By Minute Motion, approve Construction Change Order No. 1 to Contract No. C07500 for the street and traffic signal modifications, Highway 111 and San Pablo right turn lane, for the payment of CalTrans required changes in the amount of $6,190.42 and transfer this amount from contingency to base in Account No. 213- 4342-433-4001. N. REOUEST FOR APPROVAL of First Amendment to Memorandum of Understanding between the Cities of Indian Wells, Palm Desert, and Rancho Mirage (Cove Community Services Commission - Contract No. C04991). Rec: By Minute Motion, approve the amendment and authorize the Mayor to execute same. O. REOUEST FOR CONSIDERATION of Charitable Contribution to Coachella Valley Child Care Council for Sponsorship of Third Annual Push-em-Pull-em "Mouse Parade". Rec: By Minute Motion: 1) Authorize the contribution of $1,200 to the Coachella Valley Child Care Council and appropriate $1,200 from the unobligated general fund reserves; 2) refer the applicant to the Emergency Services Coordinator to obtain all approvals necessary for the event. P. CONSIDERATION OF REQUEST by the Makenna Group to "Earmark" Ordinance No. 732 Funds for a Future Phase Development. Rec: By Minute Motion, concur with the recommendation of the Art -In -Public -Places Selection Subcommittee, the Civic Arts Committee, and Staff and deny the request. Q. REOUEST FOR AWARD OF $ID for Trailer Mounted Generator. Rec: By Minute Motion, award the bid for the trailer mounted generator to Johnson Power Systems in the amount of $26,082.00. R. REOUEST FOR APPROVAL of Agreement with Mosakowski/Lindsey Architects for Professional Services for the Santa Rosa Mountains Scenic Area Visitor Center (Contract No. C08220). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with Mosakowski/Lindsey Architects to provide professional services on the subject project in an amount not to exceed $3,000.00. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. REQUEST FOR APPROVAL of Agreement with Southern California Edison for an Electric Vehicle Recharging Station Research Project at the Palm Desert Civic Center (Contract No. C08230). Rec: By Minute Motion, authorize the Mayor to execute an agreement with Southern California Edison for an Electric Vehicle Recharging Station Research Project. Councilman Crites asked that Item K be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. 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 MS. KAY SUMMERALL, Manager of Palm Lake Village Apartments, 43-376 Cook Street, addressed Council relative to signage for the apartment complex. She noted there was a perception that the facility was condominiums instead of apartments. She said she had applied and received tentative approval from the Planning Department for additional signage for a 30-day period, and she was requesting an extension of time to allow them to keep the signs up for 90 days instead. She said this would allow them to receive the necessary exposure and increase occupancy for the project. Mayor Wilson stated that although Council could not take action on this item at this time, staff would be asked to look into the request and bring back a recommendation at the next meeting. He asked whether the 30 days had already passed. Ms. Summerall responded that they had not yet completed the application process but had been advised by Jeff Winklepleck of the Planning Department that the additional time would have to be requested and approved by Council. Mayor Wilson stated that staff would bring a report and recommendation back at the next meeting. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE: THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF ORAL COMMUNICATIONS. Kra NW Ned Wilmot, Mansur -Wilmot SRW S. Roy Wilson, Mayor BAC Buford A. Crites, Mayor Pro-Tempore DJE David J. Erwin, City Attorney NW My name is Ned Wilmot. I reside at 4530 Regents Court, Westlake Village, California. I'm a partner in the firm by the name of Mansur -Wilmot Partners. We specialize in the development of upscale specialty retail centers. We have a unique opportunity to bring Saks Fifth Avenue to El Paseo Street. Approximately two years ago we contracted with Ahmanson Commercial Development to acquire the El Paseo property. We went into an intensive campaign at that point to bring Saks Fifth Avenue here. It was about 16 months later, in April of 1993, that we finalized and signed an agreement that requires, number one, us to get Saks Fifth Avenue open in a window in Fall of 1995. The deal requires the developer to totally build their store at a cost of $9 million in hard costs and finishing and fixturing, plus another $3 million in soft costs. The developer bears the total cost of $12 million. We brought Saks out here to the City on October 20 last to sit down with staff and to announce that we have arrived at these terms, and we all at that time mutually pledged to work together, that is the City and the developer and Saks Fifth Avenue, to make that kind of a schedule. What is required to meet that schedule is to break ground, by the latest, in June of this year, which at that time we all agreed meant that Saks had to go into design on January 1 of '94, and we as developers would have to get into design. Because of the seasonality out here, Saks can only open at one time in the year, and that's a Fall opening for our season out here. We're prepared to start design tomorrow. We've worked with the City over the last several months. The City approached us again back in August last summer and asked if we would mind exploring with them the City making a direct investment in the property. And we said, "No, that would be terrific" because although it's not a subsidy, it's a direct investment, and we would pay market returns for that investment. It would very much facilitate the financing of the project, which is a $60 million project, and it gives the lender great comfort, and these are tough times to finance projects of this type. So we then were told to work with staff and to share information, produce all our numbers, and to try to come to terms. On about December 8 last, the City returned to us and said if you would take your proposal, which was to pay the City a 7.5 percent rate of interest after year five from the time we acquired the r= ur:,• ty, if we would increase that to 9 percent against a 20 percent participation of the net cash flow after debt service, we had a deal with the City, and we would move together to acquire the property from Ahmanson. We agreed to those terms at that time. The 9 percent against 20 percent is whichever is higher. If 20 percent results in a higher return than 9 percent on the City's $7 million investment, that's what the City would get. 6 MINUTES — REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I'm getting concerned about the schedule because Saks has delivered to me a lease. We've been through all their approvals over the last few months. Their lawyers have drafted a lease. I'll just quote one sentence here. It says "the landlord shall commence and diligently prosecute to completion of the shell building, it being the intention of the parties that the shell building shall be substantially completed not later than January 31, 1995," or one year from now, "in order that tenant may construct the remainder of the Saks building, install equipment and fixtures therein, and stock its merchandise so as to open the Saks building for business to the public no later than November 1, 1995." So that's what I mean by the window of opportunity we have. And I would submit that we try to get to a City/developer agreement that would allow the City to be assured that Saks is committed and to allow us to begin our design work immediately to meet the schedule and to get Saks going on their design. That's essentially where we are today. SRW Any questions of Mr. Wilmot? Comment, Mr. Wilmot. I talked to you earlier this afternoon and suggested you make that presentation. In our brief discussion this afternoon I asked you if you would be willing to, if we were to move forward on an agreement, whether you would be willing to pay the 9 percent interest on the money from the time we acquire the property rather than you acquire the property. Could you, for the record... NW What we talked about is starting the five-year term at the point you all acquire the property because it's going to take us...we probably would not be able to go into the ground until June, that's our target date to get into the ground, at which point the City would contribute the property. So, yes, I would certainly be willing to start the five-year term as soon as you all acquire the property. SRW Does anyone else have any questions or comments? BAC Do I assume this item is a matter of Closed Session discussion tonight? SRW I believe the land acquisition issue is a Closed Session item. BAC That would also, then, deal with the other issues Mr. Wilmot raises in his letter in terms of exclusivity and the lack thereof and so on and so forth...is that a fair comment? SRW I would have to defer to the City Attorney. I believe... BAC Land acquisition is clearly a discussion item. DE ...instruction to representatives something to be discussed there and that's a relatively broad category. BAC Thank you. SRW Thank you, Mr. Wilmot. NW Thank you. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. RESOLUTIONS None VIH. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 736 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT TO ADD A DEFINITION OF "FAST FOOD RESTAURANT" (Case No. ZOA 93-2). Mr. Altman noted that this had been introduced at the last meeting and that there had been no changes. He recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 736. Motion was seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER K. REOUEST FOR ACCEPTANCE QF WORK for Contract No. C06610, Construction of Ironwood Park. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. Councilman Crites stated that in looking at the Ironwood Park, he noticed several things that he wanted to call to the attention of staff to look at: Need to get rid of the "Do Not Dump" signs left over from when this was an empty lot. Need to install signage announcing the hours of the park as well as directional signs on neighboring streets to announce the location of the park; i.e., on Haystack. With the Coachella Valley Water District (CVWD) pump station, there is a large area of bare wall just waiting for someone to tag. In addition, there are no plants in this area. Asked that CVWD be contacted to find out what types of plants could be put in to cover the wall. Need to adopt some type of "scooper" ordinance because of the numbers of dogs being brought to the park. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Need to plan to do some kind of small dedication of the park in the neighborhood; perhaps have people over for coffee on a Saturday morning and announce that the park is open. In terms of the contract, said there were areas of landscape boulders which need to be pulled down so they look like they belong on the surface instead of looking like they've just been placed there for landscaping; need a more natural look to them. Councilman Crites moved to, by Minute Motion, authorize the City Clerk to file a Notice of completion for the subject project. Motion was seconded by Snyder and carried by unanimous vote. X. NEW BUSINESS A. PRESENTATION BY MS. NANCY KURTIK AND STUDENTS OF PALM DESERT HIGH SCHOOL RELATIVE TO THE FIRST ANNUAL "24-HOUR RELAY CHALLENGE" TO BE HELD AT PALM DESERT HIGH SCHOOL MARCH 26-27, 1994. Ms. Kurtik addressed Council and stated that this was a large movement under the direction of Health teacher Dennis Devlin to raise funds for the Peer Assistance Program. MR. DENNIS DEVLIN, Health teacher at Palm Desert High School for seven years, explained this event, noting that it was a 24-hour event where people of all ages come to the track at Palm Desert High School and run, walk, etc. to raise funds. He noted a January 22, 1994, article in the Desert Sun and stated that our young people constantly complain that there is nothing for them to do, and this would be something where they can interact with the community and have fun. MS. COLLEEN BARNES, student at Palm Desert High School, noted the following: Each Councilmember and his/her family were invited to join in the fun. - Mayor Roy Wilson was asked to proclaim March 26, 1994, as "24-Hour Relay Challenge Day". - Mayor Roy Wilson was asked to shoot the opening gun to start the relay at 10:00 a.m. on Saturday, March 26. Each Councilmember or staff designee was asked to be on The Dream Team, a 10- member team composed of five Councilmembers and five School Board Members to symbolize the pulling together of the community and schools. During the relay, a Councilmember would walk/run one lap and pass the baton to a School Board Member who would then also walk/run one lap and pass it to another Councilmember and so on until all ten team members had done one lap. The $500 team registration fee would be waived for this team. Ms. Kurtik stated that there had been over 100 adults and students working on this project for the past four months, and she thanked Council for its support. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson stated that the Council would be happy to do what was asked by Ms. Barnes. In addition, he suggested that the School Board Members be advised that the Palm Desert City Council challenges them to join the Councilmembers on The Dream Team. B. CONSIDERATION OF REQUEST FROM AMERICAN PROTECTIVE SERVICES, INC. FOR WAIVER OF BUSINESS LICENSE PENALTIES. Mr. Ramsey reviewed the staff report, noting that the staff recommendation as policy was that these penalties not be waived; however, under the circumstances outlined in the letter, if Council wished to acknowledge the services of this business by waiving the penalties, staff would not object. Councilman Crites stated that he felt the merits of the dispute with the bill should stand on their own, whether they have volunteered anything to the City for ten years or just showed up yesterday as a business in the City. He said the fact that they have done these other things should be appreciated, but he did not think the.two issues should be joined. Mayor Wilson stated that the real issue was the fact that the business had changed offices and who should be responsible. He said the City was not notified of the address change, but he asked whether the Post Office had notice. Mr. Ramsey responded that the first renewal notice did not come back in the mail. The second notice was mailed in December, and this is the notice they responded to which indicated the change of address. Until that time, staff was not aware of the address change. In addition, the business owners could not remember whether or not they had received the first renewal notice. Councilman Kelly stated he understood Councilman Crites' comments; however, he felt this business had demonstrated honesty, sincerity, and a willingness to cooperate, and he felt it was hard to believe they would do this deliberately. Councilman Kelly moved to, by Minute Motion, grant the request for waiver of business license penalties. Motion was seconded by Snyder and carried by a 3-1-1 vote, with Councilman Crites voting NO and Councilmember Benson ABSENT. C. REOUEST FOR CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST FOR APPROVAL OF AN AWNING AT EL PASEO VILLAGE, 73-405 EL PASEO, CASE NO. 4239SA (Palms to Pines Canvas for El Paseo Village, Appellant). Mr. Diaz reviewed the staff report, noting that the Architectural Review Commission had a problem with what was being proposed by the appellant and felt an open wire structure with banners would be more appropriate. It also felt the proportions of the awning as presented were wrong and made it appear top heavy. He said staff recommended that the Council deny r.. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the appeal or send the matter back to the Architectural Review Commission to see if something could be worked out. MS. VAL WATTS, 73-425 El Paseo, El Paseo Village, spoke as the representative of the management and ownership. She said she felt she was also representing the tenants because for the last several years business at this end of El Paseo had been dropping, which greatly affected the tenants. She said they were trying to be sensitive to the tenants' needs by enhancing the property and making it attractive for both the tenants and the community at large. She said the awning had become an integral part of the plan to attract people from the building to the courtyard. She noted that a top advisor in retail business had been working with them and had done a study of El Paseo. It appeared in looking to the west end of El Paseo towards Palm Springs that the owners and people involved in the management of the buildings had done a lot to enhance the area using lighting and awnings. At the other end of El Paseo, where El Paseo Village is located, not as much investment had been made along those same lines. She noted she had letters of support from the tenants on both sides of the proposed awning. Councilman Snyder agreed that the City needs to do everything it can to help the merchants on El Paseo to increase their business. However, the Architectural Review Commission voted unanimously to deny the request because the awning, given its size, shape, and dimensions, did not fit in with the Center's architecture. He said he felt it was important to find a compromise that would be acceptable to both the appellant and to the City. Councilman agreed and said the Minutes of the Commission meetings were very clear about other options. Councilman Kelly stated he felt very strongly about supporting El Paseo. He said he had gone into that center before and felt it definitely needed something to attract people into the inner part. He said he would like to see something worked out. He said he did not see anything wrong with the awning and would vote to grant the appeal. He added that he would like to see staff assist the businesses in this center and to make sure El Paseo is a success. Mayor Wilson agreed and said he felt the awning did not look any worse than others along El Paseo, and he thought the intent of .the applicant is a good one. He said, in view of the points made by Councilmen Crites and Snyder relative to the very strong vote of the Architectural Review Commission, he would like to see the matter returned to the Commission and ask that the Commission, staff, and the applicant sit down and try to work out a design that would be acceptable to everyone. Councilman Crites expressed concern that sending the matter back to the Commission with this request might imply that the Council did not feel the Commission was trying to work with the applicant. He said in reading the Minutes of the Commission meetings, the Commission suggested a variety of different options, but the applicant chose not to consider any options but the one they originally proposed. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to, by Minute Motion, continue the appeal to the meeting of February 10, 1994, and send the matter back to the Architectural Review Commission with a request that it attempt to find a compromise that would be satisfactory to both sides. Motion was seconded by Kelly and carried by unanimous vote. D. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to cable complaints received for the period January 4-14, 1994. 2. Status of Multi -Agency Library. Mr. Diaz noted that the site celebration for the library had been held recently. He added that they were proceeding with working drawings. 3. Report on Status of DSL Gate. Mayor Wilson stated that he had met the previous week with City staff member Steve Smith, representatives of Downey Savings and Loan (DSL), and residents on the Joshua Road area. He stated that the Council, as a condition of approval, had required DSL to install a gate to keep through traffic from going through the neighborhood. The gate had been installed, but it had subsequently been stolen, and DSL had been in the process of obtaining bids for a new gate. After considerable discussion at the meeting, there was consensus of all parties that three weeks would be a reasonable time for DSL to get this completed. Mr. Diaz added that three bids had been received by DSL, and the contract was to be awarded to one of the three firms. He noted that DSL wanted to proceed and put the gate up as quickly as possible. Mayor Wilson stated that he had indicated to the DSL representatives that he would be asking the City Council to support turning this matter over to the City Attorney for legal action if the gate is not up within a three-week period. Councilman Crites moved to, by Minute Motion, authorize the Mayor to turn this matter over to the City Attorney for legal action if the gate is not up at the end of three weeks. Motion was seconded by Snyder and carried by unanimous vote. XL CONTINUED BUSINESS None 12 14IINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS None RIII. REPORTS AND REMARKS A. CITY MANAGER 1. Position Per - Environmental Conservation Manager Mr. Altman noted the report in the packets, noting that the Assistant to the City Manager, John Wohlmuth, would continue to do 25 % of the Environmental Conservation Manager duties and train the new Environmental Conservation Manager. He said staff was requesting Council concurrence to proceed with recruitment of the Environmental Conservation manager position both in-house and outside the City staff. Councilman Crites commented that he felt this position should be opened up both in- house and outside and that the job description should place high priority on having background in areas having to do with that position, beyond just having administrative skills. Councilman Snyder stated he was very pleased both to see this program moving and to see that the Assistant to the City Manager had worked so hard to be an excellent employee. Councilman Kelly agreed that the position' should be advertised both in-house and outside and that there should be experience in environmental matters. He also felt this was an important position that should be filled quickly since the City's growth meant it would be taking on an additional 10,000 citizens in the very near future. Mayor Wilson said he felt Mr. Wohlmuth needed the support; however, he was not in favor of opening this position up to the outside. He said he would prefer to backfill with existing staff. He added that one agency he was involved with would be laying off 156 people in June. He said the City of Palm Desert had a lot of qualified people on staff who had the skills to do this job, and he said he would like to see it first opened up in-house to see if there are people who would like to expand; if there is no one in-house who is qualified to do the job, he would then be willing to reconsider going outside. He agreed it was an important position, but he could not support adding another person at a time when government is cutting back. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, approve this item with changes that: 1) the position be advertised both in-house and outside; and 2) that the job description, in the appropriate places, indicate a requirement for knowledge of and background in environmental conservation and resources. Motion was seconded by Kelly and carried by a 3-1-1 vote, with Mayor Wilson voting NO and Councilmember Benson ABSENT. 2. $udget Study Session Mr. Altman noted that a Budget Study Session had been scheduled for February 16, 1994, from 1:30 p.m. to 3:30 p.m. to go through the budget process with the City Manager and Council. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), pending litigation (Levald v. Palm Desert re: Indian Springs Mobile Home Park; Shearson v. Palm Desert re: Iowa Trust), and 54956.8, real property acquisition (10.2 acres on El Paseo owned by Ahmanson). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites stated that completion of the Ironwood Park reminded him that we are now finishing the annexation of the Palm Desert Country Club area, and he felt this would be a good time to go out and assess the park availability in that new area. Councilman Kelly stated he had brought this subject up to the Parks & Recreation Commission, and three people were assigned to a committee to go out and drive the neighborhoods to investigate the possibility of finding property for a park in that area. Councilman Crites stated he would like the Council to formally give its support to the idea that we need to look at what park opportunities area in the newly annexed eastern . component of the City. Councilman Snyder stated that maintenance cost was another issue that needed to be looked at. Councilman Kelly responded that the Parks & Recreation Commission had also discussed that and wanted to review all of the parks in the City. He said they were concerned that anything done be low maintenance. 14 I<S REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder stated he was concerned with the maintenance and upkeep of the parks. With Council concurrence, staff was directed to look into these issues. 2. Parking Situation Adjacent to Palomino Restaurant Councilman Crites stated that with the opening of new restaurants in the El Paseo/Highway 74 area, all of a sudden there has been a change from a surplus of parking to a madhouse with restaurants posting signs regulating the parking. He said he felt the City needed to look at the adequacy of parking, and if there are problems, something needs to be done. He added that a new parking lot was being constructed to the south of the Fred Fern building, a signage needed to be done to tell people where the parking is. In addition, he stated that one of the handicap spaces was on a slant, and he felt someone needed to take a look at that also. Councilman Snyder agreed that the Palomino Restaurant was a big problem, and he did not think there was anywhere near the amount of required parking. He also expressed concern with the possibility of accidents caused by people trying to get from the parking lot to the restaurants. With Council concurrence, staff was directed to look into the parking situation at this location. 3. Joint City Council/Planning Commission Meeting Mayor Wilson stated that the Planning Commission Chairman felt it was important to meet jointly with the City Council in order to get direction and to open lines of communication. He suggested that staff be directed to set up such a joint meeting between the two groups. Mr. Altman suggested that Council Secretary Pat Scully look at the Council schedules and coordinate a date. With Council concurrence, staff was directed to find an appropriate date for a joint meeting of the Palm Desert City Council and Planning Commission. o City Council Committee Reports:. None XIV. ORAL COMMUNICATIONS - B None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to adjourn to Closed Session at 5:15 p.m. pursuant to Government Code Section 54956.9 (a), pending litigation (Levald v. Palm Desert re: Indian Springs Mobile Home Park; Shearson v. Palm Desert re: Iowa Trust), and 54956.8, real property acquisition (10.2 acres on El Paseo owned by Ahmanson), said Closed Session to immediately follow the Redevelopment Agency meeting. Motion was seconded by Snyder and carried by unanimous vote. NOTE: Councilmember Benson arrived at the meeting at 5:15 p.m. Mayor Wilson 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 None XVIH. PUBLIC HEARINGS A. REOUEST FOR CONSIDERATION OF COOK STREET/INTERSTATE 10 INTERCHANGE ENVIRONMENTAL DOCUMENT AND MAP. Mr. Folkers reviewed the staff report, noting that the public hearing would be opened to receive public testimony. The hearing would then be closed to public testimony, with no Council action required. He stated that displays had been set up in both the Council Chamber and the Administrative Conference Room for people to look at and ask specific questions. The session in the Administrative Conference Room would also be taped so that a record of recommendations, comments, etc. would be available for future hearings. He reviewed the project, noting that staff hoped there would be no delays and that construction could start in the Spring of 1995. He stated that funding for the project would come from Measure A funds, Transportation Uniform Mitigation Fees (TUMF), SB300 funds, and the Coachella Valley Association of Governments, with homeowners only being required to pay when their properties are developed. Mayor Wilson declared the public hearing open, and invited testimony in FAVOR of this project. MR. BILL IVEY, 75-205 Chippawa Drive, Indian Wells, stated his family had been in the area since 1949, and he felt it was great to see this project on its way. He felt this would be 16 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * an area -wide benefit for those both to the north and to the south of Interstate 10. He recommended that in conjunction with the interchange that Council give careful consideration to extending Cook Street north to Ramon Road. MR. ART SAMPSON, 74-886 Raines Road, Thousand Palms, spoke as Treasurer of the Homeowners Association of Jack Ivey Ranch. He felt this would help to take traffic off Monterey Avenue. He read a letter from the Homeowners Association requesting consideration of the construction of a sound wall between the Cook Street and Monterey Avenue bridges (attached hereto and made a part hereof as Exhibit "A"). MR. DREW WINKLER, 22 Mission Court, Rancho Mirage, spoke on behalf of TMP, owner of 80 acres at the northwest corner of Cook Street and Interstate 10 and said he was in favor of this project. MR. LYMAN MARTIN, Box 28, Cahuilla Hills, was in favor of the project and stated he would like to see the Chase School Road extended all the way up to Ramon Road. MR. MARSEL TALLEY, Winnipeg, Canada, spoke in favor as the owner of 40 acres north of Ramon Road. MR. WILLIAM SWANK, 55-550 Riviera, La Quinta, supported the extension of cook Street over the freeway. He asked what would happen from this point on. Mr. Folkers responded that the next step was to go ahead with the environmental documents which must be circulated and commented upon. He stated there were some problems with the United States Fish and Wildlife Department with regard to the possibility of not being in compliance with the Endangered Species Act. If that is not resolved in the near future, there might be a delay of 90 to 180 days before the environmental documents are processed. If the environmental documents are processed by April, the City would begin to acquire rights -of - way and get the design of the project underway. He said staff was hopeful that by late summer the design would be far enough along to be initially reviewed by Caltrans and submitted to them by late fall. Mr. Swank suggested that staff call the United States Administration for help in the U.S. Fish and Wildlife Department situation. He also asked when the project was expected to be completed. Mr. Folkers responded that the plan calls for completion by Spring of 1997. Mr. Swank stated he would do whatever he could to support the project. He added that although he did not want to pay any more than anyone else, he would be willing to pay his fair share if required. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * s s * * * * s * * s * MR. TOM NOBLE, 31-816 Robert Road, Thousand Palms, spoke in favor and said he felt it was important to extend Chase School Road to Ramon due to the traffic impacts of Monterey Avenue and Ramon Road. MR. BUFF BENSON, 75-100 Merle Drive, stated he represented Cook Street Business Merchants Association, an organization of over 500 businesses very anxious for Cook Street to connect with Interstate 10. With no further testimony offered, Mayor Wilson declared the public hearing closed. Mayor Wilson asked where the extension of Chase School Road to Ramon Road was in the scheme of things. Mr. Folkers responded that City staff and County staff were still working on this matter and that everyone wanted to see that done. Upon question by Councilmember Benson relative to artwork in the sounding walls, Mr. Folkers responded that the consultant had provided information to Community Arts Manager Catherine Sass, and Art -In -Public -Places input was being considered relative to artwork on the retaining walls. He added that the hope was for this to be a model for the entire region. With regard to traffic proceeding eastbound on Interstate 10 and then to Cook Street to go southbound, Councilman Crites asked whether the exit ramp would provide for an automatic slip onto Cook Street or if vehicles would have to stop and then make a right turn. Mr. Folkers responded that because of restrictions of the railroad and the design of the project, there will be a stop and turn light. Mayor Wilson reminded members of the audience that additional renderings were available for viewing in the Administrative Conference Room. In addition, consultants would be available in that conference room to answer any questions and discuss the project with anyone interested. Mayor Wilson called a short recess at 7:30 p.m. to allow members of the audience to leave the Council Chamber. He reconvened the meeting at 7:33 p.m. Councilman Crites stated he would like to have the Public Works staff try to get a definitive answer on the Monterey Interchange to see whether or not that interchange will be unusable at any time during the rebuilding. He said this would definitely impact Cook Street and how quickly it needs to be completed. Mayor Wilson added that he felt close coordination was needed to make sure both interchanges are not down at the same time. 18 MINUTES -- REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers stated that if all of the parties involved, all of the cities as well as the project developer, have team support and alternate 3 is approved, that would work very nicely to maintain traffic through most of the construction. Use of the other alternatives would be massive delays and the possibility of closures on Monterey Avenue. B. REOUESLFOR CONSIDERATION OF 20TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Mr. Ortega reviewed the staff report, noting that the City's 20th year entitlement was approximately $115,000. He said the purpose of this hearing was to consider requests for use of the CDBG funds, and staff would then come back at the February 24, 1994, City Council meeting with recommendations on how to spend these funds. Mayor Wilson declared the public hearing Qin and invited testimony. MS. BEVERLY SPEAK, Alternatives to Domestic Violence, P.O. Box 910, Riverside, gave her application to Mr. Ortega and stated she was requesting $4,985.00 in CDBG funds. She noted that her organization had given the equivalent of $11,000 worth of services to residents of Palm Desert last year. MS. BARBARA BENES VAIL, 72-824 Pitahaya, stated she was representing Shelter from the Storm, P.O. Box 781, Palm Desert. She noted her organization had served 33 Coachella Valley families since September when the Mary Stewart Rogers Center opened. She stated there was a need for an emergency generator at the Shelter in light of the current earthquakes in Los Angeles and the possibility of sabotage by men involved with those being taken care of at the Center. MS. NORMA BRANSON, 81-291 Alberta, Indio, spoke on behalf of the FISH organization, P.O. Box 458, Indio, and stated that her application had been submitted earlier in the day. She said her organization served people in the Coachella Valley from Palm Desert east to the Salton Sea with emergency food supplies, transportation for the aged and/or infirm, etc. She added that FISH had been in operation for 21 years, and this was the first time in many years that they did not have to secure a loan in the middle of the summer to keep operating. MR. POLO DORIA, MR. JOE GOSSETT, AND MR. TOM JELEN, representatives of Family Service of Coachella Valley, 41-625 Eclectic Street, Suite M-1, Palm Desert, addressed Council and said they wished to begin a teen violence intervention program to address violence between teens. MS. JUDY GRAHAM, Joslyn Cove Communities Senior Center, 73-750 Catalina Way, Palm Desert, stated that she had two funding proposals: 1) Two additional pole lamps in the parking lots to increase safety for the seniors at the Center. She said the two entrances into the parking lot were dark, and people have 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * trouble getting in and out at night. She also stated that electronic doors would make the facility more user friendly, and the Center would be able to address a greater number of people. She added that she was requesting funds for these items from the improvement portion of the CDBG funds. 2) Under the service portion of the CDBG funds, she requested funding for a new health care center where everyone would be able to afford medical care. This would be a wellness and fitness center with a library where people could come and listen in small groups to a variety of presentations. It would also have video equipment where the seniors could listen to tapes. Other components of the center would be a spa, aerobics room, and weight training room. MS. SHERRY WILSON, Riverside County Department of Community Action, 3600 Lime Street, Suite 714, Riverside, spoke on behalf of Lois Carson, Executive Director. She said her organization operated an emergency cold weather shelter program in the Coachella Valley that was located in Indio and was open November through March. Mr. Ortega noted that two additional requests had been received as follows: 1) Coachella Valley Child Care Consortium requested funding for disaster preparedness training for parents and children. 2) Foundation for the Retarded requested funds (approximately $300,000) to help rehabilitation some duplexes given to them by Sacred Heart Church. He said it might be possible to put together two to three years' funding for this request and still help with other requests received. With no further testimony offered, Mayor Wilson declared the public hearing closed. Councilman Crites moved to, by Minute Motion, direct staff to work with applicants to develop eligible projects. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Kelly ABSENT. C. REOUEST FQR APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED RESIDENTIAL) TO P (PUBLIC) FOR A THREE -ACRE SITE LOCATED 1400 FEET NORTH OF THE INTERSECTION OF GERALD FORD DRIVE AND PORTOLA AVENUE, CASE NO. C/Z 93-3 (Southern California Edison, Applicant). Mr. Diaz reviewed the staff report and recommendation for approval. He stated that Southern California Edison wished to let people know that this area was where they would ultimately construct a transfer station. He added that another public hearing would be held to consider the precise plan. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. KERMIT MARTIN, 44-425 Town Center Way, Palm Desert, stated they periodically reviewed their plans in order to meet growth in all of their service areas. He said brief review of the North Sphere area indicated considerable potential for growth in the not too distant future. Once the growth starts and buildings and developments go in the area, it is very difficult to site a facility like this. He said they proposed to hold this site until the need occurs. The reason for the request for rezoning was to identify it as its future use and eliminate any surprise. With no further testimony offered, Mayor Wilson declared the public hearing closed. Councilman Crites moved to waive further reading and pass Ordinance No. 7l to second reading. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Kelly ABSENT. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the City Council, Mayor Wilson adjourned the meeting at 8:14 p.m. ATTEST: MARY P. FltA ER, DEPUTY CITY CLERK CITY OF PAL DESERT, CALIFORNIA 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" --1144.or- IVEY RANCH COUNTRY CLUB tirII HOMEOWNERS ASSOCIATION er'd &\<, sek January 27, 1994 TO WHOM IT MAY CONCERN: At a Board of Directors' Meeting of the Jack Ivey Ranch Homeowners' Association, it was voted to ask for your consideration in constructing a 12 foot sound wall between Cook and Monterey Streets' bridges. With the increase of traffic that is expected to be generated from the Cook Street interchange and the passing of NAFTA, we feel that the noise volume will be greatly increased. There is already a problem driving down Varner Road at night You cannot tell if the oncoming lights from traffic is from the Interstate or Varner Road. Thank you for your consideration in this matter. Very truly yours, IVEY MEOWNERS' ASSN. ARBARA BECK, President 74-580 Varner Road / Thousand Palms. California 92276 / (619) 343-0445 22