HomeMy WebLinkAbout1994-07-14MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 14, 1994
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I. CALL TO ORDER
Mayor Wilson convened the meeting at 4:00 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly
III. INVOCATION - Councilman Walter H. Snyder
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
David Millheim, Director of Human Resources
Wayne Ramsey, Acting Director of Code Compliance
Larry McAllister, General Services Director
John Wohlmuth, Assistant to the City Manager
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V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 23, 1994, and the Adjourned City
Council Meeting of June 27, 1994.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 56.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (N256) by Warren M. McConnell in the Amount of $25.81.
Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the
Claimant.
D. CLAIM AGAINST THE CITY (#261) by Teresa L. Hermes in the Amount of $325.00.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
E. CLAIM AGAINST THE CITY (#262) by Melvin R. Austin in an Amount in Excess of
$1,200.00.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
F. CLAIM AGAINST THE CITY (#264) by Frank Gonzalez in an Unspecified Amount.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
G. MINUTES of the Charitable Contributions/Outside Agencies Committee Meetings of May 23
and June 27, 1994.
Rec: Receive and file.
H. FINAL REPORT of the Ad Hoc El Paseo Assessment Review Committee.
Rec: Receive and file.
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I. REQUEST FOR APPROVAL of Out of State Travel for Attendance at a Sister City
Conference.
Rec: By Minute Motion, approve out of state travel for a Sister City Committee member
and the Sister City Committee Council liaison to the International Sister City
Conference in Louisville, Kentucky.
J. REQUEST FOR APPROVAL of Easement for Southern California Edison Company for the
Mesa View Fire Station.
Rec: By Minute Motion, authorize the Mayor, on behalf of the City of Palm Desert, to
execute a Grant of Easement for Southern California Edison for the upgrading of
their electrical system.
K. REQUEST FOR APPROVAL of Final Tract Map 27546 (Sterling Partners, Applicant).
Rec: Waive further reading and adopt Resolution No. 94-69 approving Tract Map 27546.
L. REQUEST FOR CONSIDERATION of Colony Cablevision Broadcasting City Council
Meetings.
Rec: By Minute Motion, permit Colony Cablevision to televise special City events but
not to broadcast live City Council meetings.
M. CONSIDERATION OF REOUEST by Sunrise Company for Plan Check Extension for Indian
Ridge Country Club.
Rec: By Minute Motion, approve the final six (6) month plan check extension for units
of Indian Ridge Country Club as outlined in the staff report dated June 30, 1994.
N. REQUEST FOR APPROVAL of Policies Relative to Peoplemover Grant Application.
Rec: By Minute Motion, adopt the three policies attached to the staff report dated June
29, 1994, including 1) Drug -free Workplace Act Certificate, 2) Disadvantaged
Business Enterprises, and 3) Revised Affirmative Action Plan.
O. REQUEST FOR APPROVAL of Cooperative Agreement No. 8-917 - State Highway 74,
Bighorn Development (Contract No. C08870).
Rec: By Minute Motion, authorize the Mayor to execute the subject agreement between
the City and Caltrans relating to improvements to State Highway 74 and the
Bighorn development.
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P. RFAUFST FOR :TENSION OF CONTRACT with Joe A. Gonsalves & Son (Contract No.
CO2995).
Rec: By Minute Motion, approve the extension of Contract No. CO2995 between Joe A.
Gonsalves & son and the City for Fiscal Year 1994/95.
Q. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Phase I
Environmental Site Assessment of the Public Works Corporation Yard (Contract No.
C08880).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for a
Phase I Environmental Assessment of the Public Works Corporation Yard at 74-833
Joni Drive.
R. REQUEST FOR AUTHORIZATION to Purchase Sand for Volleyball Courts.
Rec: By Minute Motion: 1) Authorize the purchase of sand from California Silica for the
Civic Center volleyball courts in an amount not to exceed $12,600.00 as a sole
source; 2) authorize the appropriation of $12,600.00 from the unobligated general
fund reserve for the project.
S. REOUEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee
Funding for Fiscal Year 1994/95.
Rec: By Minute Motion, approve the Charitable Contributions/Outside Agencies
Committee recommendations for funding in accordance with the 1994/95 budget for
the agencies as listed in the staff report dated July 14, 1994, and authorize the
Mayor to execute agreements between the City and those same agencies.
T. REOUEST FOR AWARD OF BID) for Landscape Maintenance on Dinah Shore Medians
(Contract No. C07410).
Rec: By Minute Motion, award the subject contract to Sir Michael's Landscape and
Maintenance in the amount of $1,500 ($125.00 per month).
U. REOUEST FOR AWARD OF BID for Landscape Maintenance for the Community,
Ironwood, and Cahuilla Parks (Contract No. C08260).
Rec: By Minute Motion: 1) Reject the low bid from Vintage Landscape for the subject
contract; 2) award the bid to Sir Michael's Landscape and Maintenance in the
amount of $19,200 ($1,600 per month).
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V. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Various Machinery
and Equipment.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
purchase of machinery, vehicles, and equipment for parks, streets, and fleet
maintenance.
W. REOUEST FOR ACCEPTANCE OF WORK for 1994 Crack Sealing Program (Contract No.
C08300).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion on the
subject contract.
X. REQUEST FOR APPROVAL of Palm Desert Employees Organization (PDEO) Memorandum
of Understanding from July 1, 1994 to June 30, 1996.
Rec: By Minute Motion, adopt the Memorandum of Understanding with the Palm Desert
Employees Organization which is in effect from July 1, 1994, to June 30, 1996.
Y. CONSIDERATION OF LETTER from Mr. Rob Housken Requesting Council Endorsement
and Support Relative to Including Berm&la Dunes in the City of Palm Desert's Sphere of
Influence with Regard to Pony League Baseball/Softball Participation and Activities.
Z.
Rec: Refer to staff for report and recommendation.
Lt i i ex FROM DESERT CHAPTER OF THE BUILDING INDUSTRY ASSOCIATION
Requesting that Council Take a Position Relative to a WRCOG Proposal Entitled "Balanced
Development in Southern California".
Rec: Refer to staff for report and recommendation.
Councilman Kelly asked that Item V be removed for separate discussion under Section IX, Consent
Items Held Over. Mayor Wilson also removed Items L, N, and S for separate discussion.
Upon motion by Kelly, second the Snyder, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
None
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VII. RESOLUTIONS
A. RESOLUTION NO. 94-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOGNIZING AND ASSUMING THE NON-
EXCLUSIVE LICENSE, AS AMENDED, GRANTED TO TOTAL T.V. OF CALIFORNIA,
INC. BY THE COUNTY OF RIVERSIDE TO CONSTRUCT, OPERATE, AND
MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM ALONG, UNDER,
AND ACROSS CERTAIN PUBLIC ROADS AND V i nr,A PROPERTY OF THE CITY OF
PALM DESERT.
Mr. Altman noted the memorandum in the packets from Mr. Ortega.
Councilman Crites moved to waive further reading and adopt Resolution No. 94-70. Motion was
seconded by Kelly and carried by unanimous vote.
B. RESOLUTION NO. 94-7L - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, PURSUANT TO SECTION 76.933(C) OF THE
RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION
DIRECTING THE CABLE OPERATOR TO KEEP AN ACCURATE ACCOUNT OF ALL
AMOUNTS RECEIVED BY REASON OF THE RATES IN ISSUE AND ON WHOSE
BEHALF SUCH AMOUNTS WERE PAID.
Mr. Altman noted the staff report and recommendation and stated that Mr. Ortega was
available to answer any questions.
Councilman Crites moved to waive further reading and adopt Resolution No. 94-71. Motion was
seconded by Benson and carried by unanimous vote.
C. RESOLUTION NQ. 94-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1993/94 BUDGET
AS A RESULT OF YEAR-END ADJUSTMENTS.
Mr. Altman stated that Mr. Gibson had prepared a report outlining this item and would
answer any Council questions.
Councilman Kelly moved to waive further reading and adopt Resolution No. 94-72. Motion was
seconded by Snyder and carried by unanimous vote.
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VIII. ORDINANCES
For Introduction:
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. Ramsey reviewed the staff report and recommendation.
Councilman Kelly moved to waive further reading and pass Ordinance No. 754 to second reading.
Motion was seconded by Snyder and carried by unanimous vote.
For Adoption:
A. ORDINANCE NO. 742 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.04.240, 25.14.020,
25.16.020, 25.18.020, 25.20.020, 25.22.020, & 25.24.020 AND ADDING SECTIONS
25.04.307,25.14.035, 25.15.023, 25.15.025, 25.16.035, 25.18.035,25.20.035, 25.22.035,
25.24.027, AND 25.72.015 AND CHAPTER 25.72A TO MUNICIPAL CODE
REGARDING DAY NURSERIES AND FAMILY DAY CARE HOMES
Mr. Erwin stated that he had made some changes to the ordinance to clarify issues based
upon the actions of the City Council at its last meeting. He added that these changes did not
require another first reading of the ordinance and that Council could adopt the ordinance as
modified in accordance with his memorandum dated July 11, 1994.
Councilman Snyder moved to waive further reading and adopt Ordinance No. 742. Motion was
seconded by Benson and carried by unanimous vote.
B. ORDINANCE NO. 752 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 9.24.070 OF THE PALM
DESERT MUNICIPAL CODE REGARDING CONSTRUCTION HOURS.
Mr. Altman noted that there had been no changes since introduction of this ordinance, and
he recommended its adoption.
Councilmember Benson moved to waive further reading and adopt Ordinance No. 752. Motion
was seconded by Crites and carried by unanimous vote.
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C. ORDINANCE NO. 753 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 3.28.020 OF THE PALM
DESERT MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX.
Mr. Altman noted that there had been no changes since introduction of this ordinance, and
he recommended its adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 2. Motion was
seconded by Benson and carried by unanimous vote.
IX. CONSENT ITEMS HELD OVER
L. REQUEST FOR CONSIDERATION of Colony Cablevision Broadcasting City Council
Meetings.
Mayor Wilson stated that Council had previously discussed the pros and cons of televising
City Council meetings and had looked at the Palm Springs City Council experience as being
less than desirable because of the grandstanding on the part of one individual. He said he
would like to see the City solicit community input, perhaps through the newsletter, to see if
there is interest in the community to have Council meetings televised.
Councilman Crites expressed concern with the last line of the second paragraph and said he
felt it should be removed from the report because he did not remember Council making a
decision "not to televise the meetings at this timeTM.
Mayor Wilson responded that there were some comments made that might have led staff to
that interpretation.
Upon question by Councilmeniber Benson regarding the City newsletter, Mrs. Gilligan
responded that an issue of the Hauteline was scheduled to be sent out in September.
Councilman Kelly moved to, by Minute Motion, direct staff to poll the community in some form
(i.e., community newsletter) to see if there is interest in having City Council meetings televised. Motion
was seconded by Benson and carried by unanimous vote.
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N. REQUEST FOR APPROVAL of Policies Relative to Peoplemover Grant Application.
Mayor Wilson stated that he would like to see more work done on the affirmative action
policy to make it a City-wide policy instead of just for the Peoplemover grant application.
Councilman Crites moved to, by Minute Motion: 1) Adopt the three policies attached to the staff
report dated June 29, 1994, including a) Drug -free Workplace Act Certificate, b) Disadvantaged Business
Enterprises, and c7 Revised Affirmative Action Plan; 2) direct staff to look at the affirmative action program
from the standpoint of a City-wide policy, and that such review should include consideration of community
input. Motion was seconded by Kelly and carried by unanimous vote.
S. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee
Funding for Fiscal Year 1994/95.
Mayor Wilson expressed concern that while Gerald Ford School serves the Palm Desert
Country Club area, it also serves Indian Wells and La Quinta students and was not in the City
of Palm Desert. He asked what discussions staff had had in this regard.
Councilman Crites responded that the Committee had not yet received a final report from the
Desert Sands Unified School District regarding the percentage of students who live in Palm
Desert and attend Gerald Ford School. He said it appeared that the majority of students did
reside in Palm Desert. The Committee felt the important thing was not the location of the
school itself but instead the location of the student body. He added that the question was
whether the City of Palm Desert should extend those services to Gerald Ford School, and
both he and Councilmember Benson felt it should be done.
Councilman Crites moved to, by Minute Motion, approve the Charitable Contributions/Outside
Agencies Committee recommendations for funding in accordance with the 1994/95 budget for the agencies
as listed in the staff report dated July 14, 1994, and authorize the Mayor to execute agreements between the
City and those same agencies. Motion was seconded by Benson and carried by a 4-0-1 vote, with Mayor
Wilson ABSTAINING as he is a Board Member for Coachella Valley Counseling.
V. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Various Machinery
and Equipment.
Councilman Kelly asked whether this was for vehicles that would be used here at the Civic
Center, and Mr. Folkers stated that some would be driven throughout the City. Councilman
Kelly stated that he wanted to make sure that the City would continue its efforts to take
advantage of all opportunities to use the newest state-of-the-art alternative fuel vehicles.
Councilman Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for
bids for the purchase of machinery, vehicles, and equipment for parks, streets, and fleet maintenance, with
the proviso that staff continue its efforts to take advantage of the latest state-of-the-art technology with
regard to alternative fuel vehicles. Motion was seconded by Crites and carried by unanimous vote.
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R. NEW BUSINESS
A. REQUEST FOR APPROVAL OF CARRYOVER OF APPROPRIATION FOR SHERIFF
DEPARTMENT BUDGET.
Mr. Altman noted the staff report and recommendation from Mr. Gibson.
Councilman Crites moved to waive further reading and adopt Resolution No. 94-73 amending the
fiscal year 1994/95 Budget Resolution 94-68 Exhibit 3, "Continuing Appropriations". Motion was seconded
by Snyder and carried by unanimous vote.
B. REQUEST FOR ALLOCATION OF FUNDS FOR THE PURCHASE AND PLACEMENT
OF AN INTERACTIVE FOUNTAIN FOR THE CIVIC CENTER PARK.
Mr. Diaz showed a video of an interactive fountain in Universal City which was similar to
the one proposed for Palm Desert. He reviewed the staff report and recommendation that
Council approve the fountain in concept, approve the appropriate of funds, and allow the
execution of an agreement with Wet Designs to the satisfaction of the City Attorney. He
added that staff felt the fountain would be both an art and recreational feature in the Park.
Upon question by Councilmember Benson, he stated that the fountain would be controlled by
a computerized program, and details still needed to be worked out with regard to who would
be operating it. He added that the fountain would be turned off when the park closes at night
and would operate all day.
Councilman Crites stated it was his understanding from the report that the physical design
was not the design the Council was looking at here, and the Art -In -Public -Places Committee
would be looking for a motif appropriate to the desert. Mr. Diaz responded that this was the
design that would be recommended to the Committee; however, the Committee could make
changes if it wished.
Mayor Wilson stated that the June 21, 1994, letter from Wet Designs indicated they had no
problem with the nozzles and sand. He asked if they would give the City a written guarantee
or provide a maintenance program if it is needed. Mr. Diaz responded that this would be
done. Wilson asked whether the surface would be a non -slick substance so we will not have
lawsuits. Mr. Diaz responded that this was one of staffs concerns relative to potential
litigation and was something that would also have to be worked out.
Councilman Crites stated that this would be a much beloved and used feature of the park on
hot days, and he expressed his appreciation to the Parks & Recreation Commission, Art -In -
Public -Places Committee, and staff for getting this accomplished.
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Councilman Kelly moved to, by Minute Motion: 1) Allocate unencumbered developer parks and
recreation fees not to exceed $275,000 for the purchase and placement of a Civic Center Park interactive
fountain subject to approval of final drawings; 2) authorize the Mayor to execute an agreement with Wet
Designs (Contract No. C08950) subject to approval of the contract by the City Attorney. Motion was
seconded by Crites and carried by unanimous vote.
C. REOUEST FOR CONSIDERATION OF CIVIC CENTER PARK AQUATIC CENTER.
Mr. Diaz noted the staff report in the packets and said the Mr. John Marman wished to speak
to the Council as Chairman of the Parks & Recreation Commission.
Mr. Marman addressed Council and asked that this item be continued and returned to the
Parks & Recreation Commission to redo and make a better presentation to the Civic Center
Steering Committee before coming back to Council.
Councilman Kelly moved to continue this matter to the meeting of August 25, 1994. Motion was
seconded by Crites.
Councilman Crites stated that staffs recommendation was to postpone conducting any studies
relating to an aquatic center until the plans for the Cal State campus are finalized. He said
he felt the Council should look at this and make a decision about it on its own merits instead
of waiting for Cal State because that would be at least five years.
Councilmember Benson agreed and said she felt this aquatic center had nothing to do with
Cal State.
Mayor Wilson also agreed and said he felt we should look at costs, particularly for
maintenance.
Mayor Wilson called for the vote. Motion carried by unanimous vote.
D. REOUEST 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).
Mr. Diaz distributed photos to the Council showing the awning as installed at Vision America
Optometry on El Paseo. He said the Architectural Review Commission had approved a
different awning design with different signage than what was installed. While the
Commission did not have a problem with the design, it did not agree with the color. It had
originally approved a ruby color, but what was installed was fuschia. He said staff s
recommendation was to deny the appeal and refer the matter back to the Architectural Review
Commission to determine a suitable color.
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MR. ERNIE BROOKS, Palms to Pines Canvas, stated that the awning had been approved by
the Architectural Review Commission in January with the ruby color but did not order it until
two months later; by that time, the ruby color was no longer in stock or being made, and they
went with the color closest to it. He noted that the day prior to installation, the customer
informed him that the word "optometry" was supposed to be used on the awning per the State
Board of Optometry regulations. He added that it would cost him approximately $2,000 if
he had to take it down and redo it.
Upon questions by Councilmembers Benson and Crites relative to the possibility of softening
the color and making it less vivid and shiny, Mr. Brooks responded that there was nothing
that could be done because of the type of fabric used. He added that there were other
awnings on El Paseo which used the same type of fabric, and he submitted two letters from
stores next door in support of this awning (on file and of record in the City Clerk's Office).
Councilmember Benson stated that in looking at the awning and driving up and down El
Paseo several times, she did not really think it was offensive on that building, and the issue
was how to resolve the contractor doing it on his own. She suggested that contractors be
required to sign a statement that they understand if the awning is not exactly as approved by
the Architectural Review Commission, removal will be at the contractor's cost.
Mr. Diaz stated that the Architectural Review Commission had approved the awning in
January, the permit was issued in March, and the color called out in the plan was ruby. The
contractor has had a lot of experience with the Commission, and staff would make it clear
that if they install something that is not what was approved, it will have to be removed at the
contractor's expense.
Mayor Wilson stated that the color jumped out at him; however, in looking at the approved
color chip, he said he did not see that it was that much out of line, and the next closest color
was chosen. He said if he were to object to the color, it would be to object to the ruby color
also.
MS. MONICA KELLY, El Paseo Business Association, stated she had never understood
awning problems until she saw them going up. She felt this awning took away from the
street. She said if one business is allowed to do this, the City will have to allow others to
do the same.
Councilmember Benson responded that this would not happen again if the contractors are
required to sign that they know they will have to bear the expense of removing the offending
awning.
Upon question by Mayor Wilson relative to this matter coming to Council as a result of a
complaint from someone on El Paseo, Ms. Kelly stated that she had received calls from
several people and, because she is a member of the El Paseo Business Association Board, she
felt it should be brought to the Council's attention.
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Councilman Crites asked whether the El Paseo Business Association would have an interest
in giving its input on the matter, and Ms. Kelly responded that they would and that they were
trying to get away from people hanging up flags and putting things out of their offices to
attract business. Crites stated he felt the Council should stop long enough to listen to what
the El Paseo Business Association has to say.
Councilman Crites moved to continue this matter to the meeting of August 25, 1994, and refer this
to the El Paseo Business Association for review and comment; said review should include looking at the
color originally approved by the Architectural Review Commission as compared to the color actually
installed, with direction to the applicant to go door to door and canvass the block of store keepers to get an
indication of how many are in favor or opposed to this color. Motion was seconded by Benson.
Councilman Crites expressed concern with the condition of awnings up and down El Paseo
and asked that staff look into this to see what can be done to make them look nicer.
Mayor Wilson called for the vote. Motion carried by unanimous vote.
E. REQUEST FOR APPROVAL OF NEW JOINT POWERS AGREEMENT WITH
RIVERSIDE COUNTY FOR ANIMAL CONTROL SERVICES (CONTRACT NO. C00412).
Mr. Wohlmuth introduced the City's new Environmental Conservation Manager, Lisa
Constande. He reviewed the staff report and recommendation and offered to answer any
questions.
Councilman Crites moved to, by Minute Motion, approve the amended agreement. Motion was
seconded by Snyder and carried by unanimous vote.
F. REQUEST FOR APPROVAL OF THE COMMUNITY WALK DESIGN BY KATHLFFN
AND HOWARD MEEHAN.
Mr. Altman noted the memorandum in the packets and offered to answer any questions.
Mr. Ortega stated that this matter was considered by the Civic Center Steering Committee
which also looked at the issue of including a rose garden gazebo. The Committee
recommended that the Art -In -Public -Places Committee move forward to develop the project
as long as it is brought back to the Steering Committee for a budget. He said the principle
concern was the gazebo would provide shade for anyone wishing to enjoy the rose garden.
Ms. Dianne Funk, Chair of the Civic Arts Committee, and Ms. Carolyn Miller, Chair of the
Art -In -Public -Places Committee made a short presentation in support of this project. City
Clerk Sheila Gilligan and Public Works Director Richard Folkers also made brief
presentations. Mr. Folkers noted that the gazebo and the community walk design were two
separate items.
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Mrs. Gilligan stated that staff was requesting that the Council approve this in concept. She
said the proposal for construction of the gazebo as well as the community walk would have
to be brought back to the Council for approval.
Mr. Folkers added that the community walk would not go forward until two-thirds of the
money needed has been raised.
Councilman Kelly asked whether someone making a contribution could have his/her name on
a bush, and Mr. Folkers responded that they could.
Councilman Snyder moved to, by Minute Motion, concur with the Art -In -Public -Places Selection
Subcommittee's recommendation and approve the community walk design by Kathleen and Howard Meehan
as a self -funded art installation project. Motion was seconded by Crites and carried by unanimous vote.
Councilman Crites stated that the staff report indicated there are 60+ varieties of roses in the
rose garden; however, there were no labels on any of the plants to indicate what type they
are. He felt staff needed to get this done when the program is going on.
Mr. Folkers responded that staff member Eric Johnson had been working on that program
and that he would look into it to see where it is now.
G. INFORMATIONAL ITEMS:
1. Colony CableVision of California Update.
Mr. Ortega noted the report in the packets relative to cable complaints received for
the period June 17 - 30, 1994.
2. Healthy Cities Project Update.
Ms. Donna Gomez, Palm Desert Healthy Cities Project Coordinator, addressed
Council and reviewed her report dated July 14, 1994, relative to the Palm Desert
Gatekeeper Program whose goal was to improve the health, safety, and welfare of
senior citizens in our community through community participation, awareness, and
education. She noted that local service agencies were being asked to participate in an
employee training program developed in conjunction with the Riverside County Office
on Aging. This training would teach the employees to recognize signs of seniors "at
risk", and all referral calls and requests for assistance would be forwarded to the
Riverside County Office on Aging for followup. She thanked Ms. Judy Graham of
the Office on Aging who will be conducting a lot of the training sessions.
Mayor Wilson thanked Ms. Gomez on behalf of the entire City Council and said he
felt this was a very exciting program.
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XL CONTINUED BUSINESS
None
XII. OLD BUSINESS
A. REQUEST 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).
Mr. Drell noted that staff had received a letter from the applicant requesting continuance of
this matter due to travel schedules.
Councilman Crites moved to continue this matter to the meeting of August 25, 1994. Motion was
seconded by Kelly and carried by unanimous vote.
NOTE: The following item was listed on an Agenda Addendum and posted 72 hours prior to the City
Council meeting.
B. REQUEST FOR APPROVAL OF PROPOSAL FOR ENTRY SIGNAGE AT THE CITY'S
EAST ENTRANCE.
Mr. Altman noted the memorandum in the packets from Ms. Sass and offered to answer any
questions.
Upon question by Councilman Crites, Mrs. Gilligan responded that this proposal had received
unanimous approval of both the Art -In -Public -Places Committee and the Civic Arts
Committee.
Mr. Watling showed a maquette of the proposed signage and explained the significance of the
features. Upon question by Councilmember Benson relative to wording, he stated only the
words "Palm Desert" would appear on the sign as well as the petroglyph.
Councilman Kelly moved to, by Minute Motion: 1) Approve the design proposal by Michael
Watling for entry signage at the City's east entrance in an amount not to exceed $30,000; 2) approve
Contract No. C08940 with Michael Watling in an amount not to exceed $30,000 and authorize the Mayor
to execute same. Motion was seconded by Snyder and carried by unanimous vote.
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C. REQUEST FOR APPROVAL OF RESOLUTION APPROVING THE ISSUANCE OF
RENTAL HOUSING REVENUE BONDS (DESERT ROSE PROJECT) BY THE PALM
DESERT REDEVELOPMENT AGENCY.
Mr. Erwin noted that staff had been notified today that action needed to be taken by the City
Council relative to this item. He said the Council was required to approve any bonds issued
by the Agency, and he asked that this matter be added to the Agenda for discussion.
Councilman Crites moved to add this item to the Agenda for discussion.
Councilmember Benson moved to waive further reading and adopt Resolution No. 94-81, approving
the issuance of rental housing revenue bonds (Desert Rose Project) by the Palm Desert Redevelopment
Agency. Motion was seconded by Kelly and carried by unanimous vote.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Status Report on Intermodal Station/Grant
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Kelly and carried by unanimous vote.
Mr. Altman reviewed the staff report dated June 16, 1994, and amended July 14,
1994, relative to the TCI grant awarded to the City for the purposes of building an
intermodal station. He noted that the $2,288,400 that was originally slated for Palm
Desert had been reduced to $465,000, which represented an 80% reduction from the
original amount. He said the Riverside County Transportation Commission (RCTC)
wanted to know by August loth whether the City still wanted to build the train station
or what could be built for the $400,000 from them and whatever it costs us. He said
one option was not to wait until next year, because there may not be funds next year.
He asked if Council wanted to give the money to Palm Springs so there might be
enough money to do something down there.
Mayor Wilson stated it was his understanding that the options are: 1) To back out of
the program and let the money go to Palm Springs; 2) augment the additional budget.
Mr. Altman stated that it could be up to a million dollars, so the City would be
spending another $600,000 over and above the money we would be receiving.
Councilman Crites stated he felt this should be held until 7:00 p.m. so that Council
has the opportunity during the dinner recess to read the report.
With Council concurrence, the vote on this item was held to the 7:00 p.m. portion of the meeting
to allow Council time to review the report.
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NOTE: THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MEETING
I�eY
BAA Bruce A. Altman, City Manager
SRW S. Roy Wilson, Mayor
RSK Richard S. Kelly, Councilman
BAC Buford A. Crites, Councilman
JMB Jean M. Benson, Councilmember
SRG Sheila R. Gilligan, City Clerk
BAA I gave you a draft of the material that Dave Millheim wrote. After thinking about it, one
suggestion might be that you direct the staff to get back to the State of California by August loth
saying that we should form the public/public partnership with the County and see what we can do
with the surrounding r..,r...ty owners. We would take the money that they give us, raise the other
money by virtue of whatever we could put adjacent to it, and that would be how we'd fund the
station. If we can't get cooperation from the surrounding property owners, then I think it's better
that we just pass it. So that's just a suggestion.
SRW Mr. Kelly.
RSK Well, that's kind of interesting because I underlined here...it said at this point the TCI grant solely
relies on funding from the State and the City. The County has committed no funds to the project.
Well, it seems to me what we were trying to do, we were trying to participate and see that a station
got and what we thought was the best place to serve the entire Coachella Valley, and I still think
our site is the best or one near there. But the point is that when we do that, it's not Palm Desert.
It's Thousand Palms, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta.
Also, Palm Springs has a straight shot into there. So I think that Bruce is on the right track there.
I think that we ought to put this that if we do this, we should be having more people participate
than just the City, and we don't even have any idea whether the County is going to allow us to
participate with our land. We don't have any agreement with the County 'that...
BAA That's formally, although informally, I think so. They did pay us the monies... (unclear)
RSK (unclear)...don't say that we're not interested in it, but have staff put together a proposal that says
that this is not a sufficient amount of money but we would like opportunities to not turn down the
grant but to bring other cities and the County and private developers into the project and see if we
can't make it happen anyway.
SRW The County, at least Corky Larson, is committed to trying to make that a revenue generator that
we can share in a partnership. So by doing what the City Manager suggests, we can try to
formalize that and see if adjacent landowners want to participate and come up with a money making
proposition.
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BAC Plus we need to be very careful, not just with Corky, but with whatever, you know, scoundrel
replaces her that we've got those people right there and that they're committed to these projects.
JMB And the City they represent.
SRW Do you need a formal minute motion to direct staff to...
BAA I think you should have a formal motion directing us to do that and notify the State of our
intentions.
RSK I'll make that motion.
BAC So second.
SRW We have a motion and a second to direct staff to put together that report that we will attempt to
generate the appropriate money from public/public/private partnerships. Please vote.
SRG Motion carries by unanimous vote.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time to consider the following:
Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9:
Names of parties: Villa's at Desert Falls v. City of Palm Dew
Case number: Superior Court of the County of Riverside No. 0755LN
Conference with Legal Counsel - Anticipated Litigation pursuant to Section 54956.9:
Significant exposure to litigation pursuant to subdivision (b):
Number of potential cases: 1 .
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action;
1. Councilman Crites stated that at the last meeting, Council adopted a resolution
supporting the research and development of the alternative energy/alternative
transportation industry. He asked that a report on this matter be placed on the
agenda for every other City Council meeting as an information item.
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2. Councilman Crites expressed concern with an area of land on the north side
of Fred Waring Drive where Palm Desert begins and said a lot of trash and
debris which had accumulated there which he felt needed to be taken care of.
In addition, he said the Council needed to think about what should be done
with that strip of land in the future because it will not look any better until
something is done with it, such as landscaping.
Mr. Folkers stated that staff was currently looking at this area. He said there
had been some problems on 42nd and Oasis with blow sand and the fire
hazard. The next thing to be done is cleanup of the area, and staff was
already in the process of doing this.
o City Council Committee Reports:
XIV. ORAL COMMUNICATIONS - B
Judge Arnold Einbinder, 549 Desert Falls Drive East, Palm Desert, addressed Council and
requested that any consideration of the Environmental Impact Report for Section 4 be postponed
until October or at least September. He said many people were on vacation until that time, and
this would allow them the opportunity to address Council if they so desire.
Mr. Diaz responded that at this time staff was looking at the first meeting in September to have
the Environmental Impact Report and plan before the Council.
Councilman Crites stated that in light of Judge Einbinder's request, he felt staff should determine
the impacts of holding this until the second meeting in September and perhaps prepare a report for
the Council at its August meeting detailing such impacts. Council concurred.
Councilman Crites moved to recess the meeting at 5:55 p.m. to Closed Session in accordance with
the request of the City Attorney. Motion was seconded by Kelly and carried by unanimous vote.
Mayor Wilson reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
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XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF CERTIFICATES TO FIRST YEAR-ROUND YOUTH
EMPLOYMENT PROGRAM PARTICIPANTS.
MS. GLORIA DARLING of the Human Resources Department read a history of this
program. Mayor Wilson presented certificates to participants Layla German and Andrew
Rivas and thanked them on behalf of the entire City Council.
B. PRESENTATION OF HEALTHY CITY RECOGNITION AWARD BY CALIFORNIA
HEALTHY CITIES PROJECT.
MR. GEORGE SCHAEFER of the California Healthy Cities Project read the award and
presented it to Mayor Wilson.
XVIII. PUBLIC HEARINGS
A. JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY
TO CONSIDER MEMORANDUM OF UNDERSTANDING BETWEEN THE PALM
DESERT REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT, AND
TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY.
Mr. Diaz distributed copies of a letter to Dr. Warren H. Fox, Executive Director of the
California Postsecondary Education Commission from David E. Leveille, Director of
Institutional Relations for California State University dated June 10, 1994. He said this letter
had been given to him by Dr. Peter Wilson indicating that Cal State was moving ahead and
looking at the Coachella Valley as a site for a campus for secondary education. He noted
there were several changes to the Memorandum of Understanding (MOU), including deletion
of Section 1.5 on page 6.
Mayor/Chairman Wilson asked that staff provide the Council/Board with a corrected copy
of the MOU, and Mr. Diaz responded that this would be done.
Mayor/Chairman Wilson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this matter.
DR. PETER WILSON stated that the letter from the Chancellor's Office demonstrated Cal
State's commitment for a permanent branch campus. He said it also indicated that it was not
necessary to go through a feasibility study to have such a branch and that they would move
the temporary branch to a permanent site. He offered to answer any questions.
With no further testimony offered, Mayor/Chairman Wilson declared the public hearing closed.
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Councilman/Member Kelly stated it was his understanding that a full Cal State campus
located in Palm Desert would indicate by its name that it was actually in the City; in the
meantime, he asked if there was some way to have identification and the Palm Desert name
at the site.
Mayor/Chairman Wilson responded that the wording of the agreement was such that the Palm
Desert name would not be initiated until such time as there is a full campus. He asked Dr.
Peter Wilson to address whether this could be done for the branch campus.
Dr. Wilson responded that this could be a request from the Council to Cal State University
that when the temporary branch is moved to a permanent branch that it would be called the
Palm Desert branch. He said the only concern is that Cal State will want to raise funds, and
perhaps the branch would need a more regional name.
Mayor/Chairman Wilson suggested that rather than hold up the MOU perhaps
Councilman/Member Kelly could be directed to appear before the Advisory Board to make
such a request with the support of the Council.
Dr. Wilson added that the Board would meet again either the third Tuesday in September or
in October.
Councilman/Member Crites moved to, by Minute Motion: 1) Approve the Memorandum of
Understanding (Contract No. C08890), as amended by staff to delete Section 1.5 on Page 6 and to correct
typographical errors throughout; and 2) authorize the Mayor/Chairman to execute same. Motion was
seconded by Benson and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF VARIOUS ACTIONS RELATIVE TO
ASSESSMENT DISTRICT NO. 94-1 (BIGHORN).
Mayor Wilson declared the public hearing on and asked for staffs report.
Mr. Altman stated that a meeting had been held several days ago with residents who were
concerned that they had not received notification, and the residents were advised that Council
would be asked to continue this matter.
Mr. Ortega reviewed the staff report and recommended that Council hear any testimony and
then continue the item to the next meeting. He offered to answer any questions.
Councilman Crites stated that from reading the information in the packets, there had been at
the most two complaints about this out of all the various people involved. Those people had
met with the applicant for this district several times, and he said he was not sure he could
support a continuance; however, he said if it was Council's desire to continue the matter, he
would like to hear from the applicant whether or not such a continuance would cause any kind
of hardship.
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REGULAR PALM DESERT CITY COUNCIL M•.x.iii G JULY 14, 1994
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Mayor Wilson stated that what Council had directed staff to do at the last meeting had not
been done, and that was to notify all land owners that the Council was going to have this
hearing. He said a letter had gone out from Bighorn to the people telling them about it.
MR. CARL CARDINALLI, Desert Communities, Inc. (DCI), formerly Westinghouse Desert
Communities, developer of Bighorn, said he had a transcript from the last meeting and
understood Council's direction to staff. He said he was advised after the hearing that it
would be inappropriate for the City to send out formal notices inasmuch as the legal
requirement was that notice be sent to people directly affected by the assessment, and those
are the people who could protest. The property in question is owned by Desert Communities,
Inc.; therefore, they prepared a notice dated June 29, 1994, which was sent the following day
to all property owners at Bighorn. This notice gave an accurate portrayal of the assessment
and what the purpose of the district was. He said DCI had moved its office to the Bighorn
site and was readily accessible to any of the property owners; however, they had not heard
for the most part from any of the owners. He said Mr. Burger, who appeared
before Council on June 23rd, was contacted by a DCI representative who spent two hours
discussing this district with him. He did not think Mr. Burger would ever change his mind,
and continuance of this matter to late August would postpone one of the major elements of
the district — construction of the Highway 74 improvements, which might also impact The
Skins Game. Another area that would be impacted by a continuance would be the bond price
which, if the trend were to continue as it has been the last four to five weeks, would go up,
and that would mean higher price to property purchasers.
Councilman Crites stated there seemed to be some difference of opinion as to whether it was
appropriate to notify all of the property owners or just those affected by the district.
Mayor Wilson said he felt formal notice should not come from the City but that informal
notice should have gone out to everyone indicating that a hearing would be held. He also felt
Mr. Tim Ensign on DCI should be directed to sit down with current residents before the
hearing to discuss their differences; this may have been done with one to two people but not
with all of the residents.
Mr. Erwin stated that the lack of formal notice was based upon advice from his office. He
noted that Mr. Anderson out of the Riverside Office had indicated he felt it would be
inappropriate that formal notice be given. Upon question by Mayor Wilson relative to
informal notice, Mr. Erwin expressed concern that such informal notice might raise
expectations on the part of the non -affected residents that they would have the right to speak
to this issue at the hearing.
Mr. Cardinalli noted that of 90 sales at Bighorn, only the one gentleman had raised any
concerns.
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Councilmember Benson stated that although this was a protest hearing, no one had come
forward to protest. Councilman Kelly agreed and said he could see no reason for a
continuance.
Mayor Wilson stated that people in the meeting were told that Council would be asked to
continue this item and that they did not need to come to the meeting. In fairness to those
who do wish to protest, he suggested perhaps a one -week continuance to a special meeting
of the Council.
MR. LAMBERT LEVY, resident of Bighorn, said one of his major concerns when he
purchased his lot was Highway 74 and its improvements. He noted he had received the letter
from Bighorn. He added that he felt it was important to get construction started on Highway
74 and that any delay would just increase the hazards.
MS. TAMARA STRASSMAN, representing Mr. Burger and others, agreed there should be
a continuance because there were other items that needed to be discussed. Upon question by
Councilman Crites relative to what additional information was needed, Ms. Strassman
responded that she was not aware of what information as needed but that the persons she
represented were not able to attend the meeting.
Upon question by Mayor Wilson relative to proof of mailing of the notice of hearing, Mrs.
Gilligan noted that a certificate filed in her office by Ms. Barbara Skinner of Best, Best, and
Krieger indicated that Notice of Hearing had been mailed on May 27, 1994, to all affected
property owners.
At the request of Mayor Wilson, a representative of Robert, Bein and Frost gave a summary
of the engineer's report.
Upon questions by Councilman Crites and Mayor Wilson relative to concerns raised regarding
property values, Mr. James MacKenzie, an appraiser in Palm Desert, stated that he had been
in the business for 24 years. In his opinion, talking about one property on a cul-de-sac with
an assessment and one without an assessment, both properties in an appraisal would have the
same market value if they both had the same amenities.
Mayor Wilson called on the City Clerk to give a summary of all written objections or
protests. Mrs. Gilligan noted that no written objections had been received by the City Clerk's
Office.
With regard to a continuance, Councilman Crites stated he would have no objection to
continuing this matter to the Council's regularly scheduled meeting of July 28th because of
what the people had been told at the meeting noted by Mayor Wilson; however, he said he
was not interested in holding this until the end of August.
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Mayor Wilson stated that the justification for continuance was as follows: Council would
have heard from people at this meeting who did not speak at the last meeting - this is because
they were given direction by a minority of the Council that there were enough questions to
justify continuing the matter so they could sit down and talk with the Bighorn people prior
to the public hearing.
Mr. Cardinalli stated he felt the only issues that should be addressed at this time were issues
concerning the assessment district specifically. Notice was given to r..,r :.. ti owners, and
there were at least two days from the time Mayor Wilson and Councilman Snyder met with
the people and this hearing for them to come down and address issues of concern. He said
he felt there should be effort on the part of the protestors as well as the other side to convey
these concerns to the Council, and that has not been done.
MR. KURT DE CRENNIS, representing the underwriter, stated that Council could consider
taking action at this time but withhold authorization of any bond sale until such time as it has
a chance to meet with the homeowners. He said that unless bonds are sold and the City
executes the bond documents and authorizes the sale of bonds, there will not be financing or
a project. He suggested two options: 1) a caucus to determine a continuation date; 2) approve
staff recommendation but do not authorize the sale of the bonds.
Mayor Wilson called a 20-minute recess at 8:20 p.m.
Mayor Wilson stated that 5:00 p.m. on Wednesday, July 20, 1994, was a time when three
Councilmembers could be present, and it was agreeable to representatives of the homeowners
and Bighorn.
Mayor Wilson moved to continue this matter to 5:00 p.m. on Wednesday, July 20, 1994. Motion
was seconded by Snyder. Motion was defeated by a 2-3 vote, with Councilmembers Benson, Crites, and
Kelly voting NO.
Councilman Crites moved to approve staffs recommendation as printed on the Agenda but that
Council not authorize the sale of bonds until input is received from homeowners in the Bighorn area.
Councilman Kelly stated that he had a problem with this recommendation because of legal
counsel's advice that by the Council telling the homeowners it will listen to them, it is
implying that this input will have an effect on the Council's decision, and the Council cannot
legally do this.
Mr. Erwin stated that what he had advised was that if the Council gives the homeowners
notice of the hearing, it should tell them what consideration will be given to their testimony
and that they cannot legally stop the process.
Motion died for lack of a second.
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Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 94-74 confirming
assessment and ordering acquisition and construction of improvements; 2) waive further reading and adopt
Resolution No. 94-75 determining amount of unpaid awscsments; 3) waive further reading and adopt
Resolution No. 94-76 approving the issuance of bonds, a fiscal agent agreement (Contract No. C08900),
an official statement, and a bond purchase agreement (Contract No. C0891Q); 4) waive further reading and
adopt Resolution No. 94-77 approving and authorizing execution and delivery of acquisition agreements and
construction management agreement (this resolution was continued from the meeting of June 23, 1994).
Motion was seconded by Benson and carried by a 3-2 vote, with Councilman Snyder and Mayor Wilson
voting NO.
C. 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. Ca 93-4. PP 93-6. and TT 27882 (Robert L. Mayer Trust,
Applicant).
Mr. Diaz reviewed the staff report, noting that the major tenant for this shopping center
would be Albertson's grocery store which had been trying to come into Palm Desert for the
past 14 years. Staff recommended that the Council approve the change of zone, tentative
tract, and precise plan with conditions set forth in those appropriate resolutions.
Mayor Wilson declared the public hearing open and invited testimony from the applicant.
MR. TIM BARTLETT introduced the development team for this project and reviewed the
history of the area. He noted the City had previously changed the zoning from residential
to commercial for the Palm Desert Town Center, Desert Crossing, Marriott Desert Springs,
College of the Desert, and the site of the Palm Desert Civic Center. He reviewed the
proposed project, noting that the homes would be an average of 1,600 square feet on 7,500
square foot lots. The plan called for buffering of the homes from Monterey Avenue and
Country Club Drive to mitigate noise impacts. He added that this development would
improve the traffic conditions (changing the intersection from "D" and "F" to "C") and would
reduce the 40 to 45 second wait at the signals to a wait of 15 to 20 seconds.
Mr. Gregg Holtz, the City's Senior Engineer, agreed with the applicant that the study of the
intersection showed it would go to a "C" rating. He said the City of Palm Desert was the
lead agency in obtaining SB300 grant monies to increase the capacity and width of the
intersection. Staff was also working with the City of Rancho Mirage to come up with
alternatives to construct dedicated right turn lanes at the northwest and southwest corners.
This would mitigate or greatly reduce traffic problems in that intersection.
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Mr. Bartlett noted that golf cart access, parking, and charging facilities would be provided,
and this would be the first commercial project in the country using this approach to
alternative transportation. The project would have an outdoor sculpture garden and a
revolving retail gallery. He ended his presentation and stated that staff, the Architectural
Review Commission, Art -In -Public -Places Committee, Economic Development Committee,
Golf Cart Task Force, Chamber of Commerce, and Planning Commission had approved the
project, and surrounding homeowners supported it.
Councilman Kelly asked if the residential portion would be built at the same time as the
commercial. Mr. Bartlett responded that the conditions of approval require development of
the offsite improvements first; residential would be built prior to the commercial.
Mr. Diaz stated that the condition placed by the Planning Commission on the development
was that Albertson's shopping center would not receive a Certificate of Occupancy until all
public improvements on Country Club/Monterey are done. Development of residential can
occur, but it is tied to the commercial. One of the concerns was the possibility that people
buying into the residential development might not be aware of the commercial development.
Mr. Bartlett added that phase one of the tentative tract approval process is the residential, and
they would be development the residential prior to the commercial. Upon question by
Councilman Crites as to whether that was required, Mr. Bartlett responded that it could be
made a condition of approval.
Mayor Wilson questioned Mr. Bartlett's statement relative to changing the zoning for the
Marriott, and he said he understood that the land was zoned PR-5, which allowed hotels.
Mr. Diaz responded that this was correct and that Palm Desert's PR zoning permitted
development of hotels. Councilman Crites added that the Desert Crossing/Hoames Pool site
was also listed as being residential, but he said it had not been residential in nature for at
least 25 years.
Mayor Wilson invited testimony in FAVOR of or in OPPOSITION to this request.
MR. LOUIS KERCHEY, Suncrest Country Club, said he would welcome this shopping
center that could be accessed with golf carts. He added that he had spoken with many people
in his park, and they were enthused and hopeful that this would happen.
MS. ROBIN YATES, 40-115 Portulaca Ct., Sagewood Development, spoke in favor of the
rezoning and low density housing.
MR. BILL CARVER, asked that Council deny the application for the following reasons:
1) The City spent many months and dollars in doing the North Sphere Specific Plan
which was adopted in 1986/87. At that time Council reaffirmed the General Plan
as adopted for the North Sphere prior to that time. He said he felt the housing was
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a wonderful idea, but he did not agree with the commercial. He said although there
had been fill-in type residential, there had not been any major residential
developments from Cook Street west since the mid-1980's, and there had not been
any major changes to the residential complexion that would change the Council's
long-term and far-reaching planning objectives of where zoning should be placed.
He said another commercial project had been developed at Cook/Country Club
which impacted this same area; instead of an increase in demand, there has been
an increase in supply of commercial developments.
2) The applicant is proposing an identical project that is already at that intersection.
There is not one use, except family restaurant, that is any different than what is
already offered at that intersection. He said although he felt both supermarkets
would survive, he was worried about the little businesses (travel agency, video
store, dry cleaner, etc.) who he felt would be hurt by the new center.
MR. ED SLOMAN, an engineer, stated that the intersection of Monterey/Country Club was
not in 1986 what it is today. He said the traffic at that intersection was atrocious and needed
to be improved.
MR. DAVE PAYNTER stated they felt this was a project that makes a lot of sense, where
having retail right up to that intersection would not make sense. He said of the seven Lucky
stores in the Valley, the one at Country Club/Monterey had been the highest seller, and he
agreed both markets would be successful. He said it was not their intent to solicit tenants
from Mr. Carver's center, and they would have no problem with a condition such that they
would not solicit or take tenants from the Lucky shopping center. He added that they felt the
demand was there for the neighborhood.
Mayor Wilson asked if the applicant would consider a condition that the new center, other
than the market, would not duplicate the small businesses that exist in nearby shopping
centers.
Mr. Paynter responded that it was more complicated to do than to say it; however, he said
they would be willing to accept some restrictions.
MR. SCOW THAYER, Real Estate Manager for Albertson's, introduced himself to the
Council and offered to answer any questions.
MR. FRANK PARKS, Suncrest Country Club, stated there was definitely a need for another
shopping center in the neighborhood.
Mayor Wilson declared the public hearing closed.
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Council Comments/Ouestions
Kelly: Noted this would be a gated community and asked whether it would be an attended
gate. Mr. Bartlett responded that at this time the plans were for a carded gate. Kelly asked
whether consideration would be given to a condition that it be an attended gate, and Mr.
Bartlett responded in the negative because of the limited size of residences - 127. He said
the cost of manning a gate would be extremely prohibitive.
Snyder., Expressed concern with the landscaping of the perimeter and said he was not
satisfied with the amount.
Crites: Questioned the maximum height on the commercial. Mr. Diaz responded that he
believed it was 25 feet for single story. Mr. Bartlett stated that it was his understanding that
the tower element was excluded from the height limitation. Mr. Frank Urrutia added that the
tower was 30 feet high.
Mayor Wilson reopened the public hearing.
MR. RON GREGORY spoke as the landscape architect and in response to Councilman
Snyder's question. He said they were working within the constraints that had been provided
to them in designing the landscaping features. He said they had proposed the use of a
screening wall on Country Club that would be landscaped on both sides. On the corner will
be a deep landscaped setback, and at the corner of Monterey/Country Club, they would
provide a waterfall type feature. Along the residential area on Monterey, they would provide
landscaping niches within the parkway wall. Upon question by Councilman Snyder, he said
the height of the wall on Country Club would be whatever the current requirement is to
screen parked cars - 36 inches.
Mr. Sloman added that since the time of the discussions on the landscaping, the setbacks had
been increased to 25 feet. Additional setbacks could be obtained by angling the parking. He
added that the distance from the free right turn area at Monterey/Country Club is in excess
of 150 feet back.
Kelly; With regard to future homeowners, asked if there was any condition on the use of the
two pads that will be near the homes. He said if there were people living there now, he was
sure they would have something to say about the uses of those pads. Mr. Bartlett responded
that there was no such condition currently.
Denson: Questioned the noise impacts at the back of the Albertson's store because of
deliveries, etc. Mr. Bartlett explained the way the commercial would be built to mitigate the
noise impacts. Mr. Thayer added that Albertson's operates what is called a natural dock.
they do not depress the ground, and the pad is higher up so trucks do not come in and have
to go down at an angle to get to the dock. He added that the hours are 6:00 a.m. to midnight
and that they would abide by the City's regulations in this regard.
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Mayor Wilson declared the public hearing gam.
Crites: Complimented Mr. Bartlett and the development team for this presentation and said
it was better than anything he had seen on this site. Said the issue was traffic problems, and
whether or not this project passed, it would not fix the traffic problems. Said it was his
recollection that a year ago when the Walmart people were before Council, it was decided
that the City needed to be moving on traffic problems and get something taken care of. With
regard to changing the zoning from residential to commercial, he said he did not see a need
for commercial at this intersection. Said this was a beautiful project but that there was a lot
of empty commercial space already in the City; if the City of Palm Desert allows this, it
would have nothing to say about the City of Rancho Mirage taking the other two corners and
changing them to commercial. Said he felt one corner doing commercial serves us well, and
this would not be good for the City of Palm Desert. Also expressed concern with 8,000
square foot lots.
Kelly., Agreed that changing the zoning was a serious issue and said he was concerned with
vacant commercial space. Said he liked the idea of people using the center with golf carts
instead of regular vehicles which would cut down on pollution and improve the quality of life
for people who are able to drive their golf carts around. He said it was difficult to decide
whether this was a good tradeoff for changing the zoning from residential to commercial.
Benson: Said the City's long-range planning had served it well in the past. The main areas
that had been rezoned needed to be done, while this rezoning was something that did not need
to be done. The Council is looking out for the best interests of the City, and she said she felt
there were areas in the North Sphere where this market could be accommodated. Said she
saw no reason to change the zoning to commercial at this time.
Snyder: Said he did not like changing zoning from residential to commercial unless there is
a justifiable reason. Expressed concern with overbuilding an area where there are already
vacancies.
Wilson: Said he saw good aspects to this project but also had concerni with it. Agreed that
a positive point was the tradeoff of lowering the residential density as a tradeoff for nine
acres of commercial. Was impressed with the amount of work done by the development team
to solicit support from neighbors, etc. Said the basic issue was whether the Council is
convinced that there is not enough commercial in that area; if Council agreed, then the zoning
should be changed to commercial. However, he said he did not feel there was sufficient
evidence of an undersupply of commercial space in the North Sphere. He said he had always
been of the opinion that unless there are compelling reasons to change the zoning, it should
not be changed. Said another concern was about the small retailers. Said if he was one of
them, he would want to move across the street to the other center.
Mayor Wilson reopened the public hearing.
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Mr. Paynter stated that everyone felt comfortable that there was adequate demand for a
grocery store. He proposed that Council approve the project, including the retail, but that
a time constraint be placed on the retail that would not allow it to be built fora year in order
to allow the rest of the area to catch up.
Councilman Crites stated that he would be against this. He said he did not think there was
a need for another,.,,,,.,. store. He disagreed with a one-year moratorium and said the
shopping center at Cook Street was just getting underway. This proposed center would
already have a one-year moratorium because there is not demand.
Mr. Bartlett noted that the new Ralph's center had 70% of the space preleased.
Mr. Carver stated that the Ralph's center had a vacancy of approximately 27%; however, the
center at Washington/Country Club was 100% leased as of today.
Councilman Kelly stated that the Council always does its best to consider the people who
surround the project. Many times the people who live around the project do not feel it is
compatible with our community, and the project is turned down. He said he felt this was a
case where the people who live around this project would like to see this happen because they
see it is compatible with where they live. They also see it as a protection because this
Council will not always be here. He said if he lived in Suncrest or Sagewood, he would like
to see this project because it would make his property more valuable and give him protection
and security for the future.
Councilman Crites agreed.
MR. DENNIS YATES, President of Sagewood Homeowners Association, stated that the
developer had brought a project that has gained the support and recommendation of most of
the City committees. If this project meets with that kind of support, and the residents also
want it, he said he felt the Council should give that some weight also.
Mr. Bartlett stated that when he first proposed this commercial. project, Planning staff advised
that he talk to residents of Suncrest, Palm Desert Greens, and Sagewood first. At Suncrest
about 50 people came to hear about it, while Palm Desert Greens was kind of neutral.
Because Sagewood was public streets, he said he went door to door to explain the project.
He said he received about 27 letters from Sagewood residents in favor. He added that three
individuals were not in favor of the project. One of them lived on Monterey and was
concerned with the traffic; two other gentlemen lived directly behind Kenny Rogers Roasters
restaurant.
Councilmember Benson expressed concern with the City changing the zoning and said Palm
Desert would have no control over the City of Rancho Mirage coming in and doing the same
thing. She said she did not think the residents of Sagewood would be very happy if the same
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type of center went in right across the street from them. She said the Council was trying to
protect the area.
Mayor Wilson declared the public hearing ems.
Councilmember Benson moved to deny the change of zone and general plan amendment and direct
staff to prepare a resolution of denial and bring it back to the Council for adoption. Motion was seconded
by Crites and carried by a 3-2 vote, with Councilman Kelly and Mayor Wilson voting NO.
Mr. Diaz noted that the tentative tract was still before the Council that did not require a
change of zone, and he asked what Council wished to do about that matter.
Mr. Sloman asked that Council allow them a few moments for a caucus before making that
decision.
Mayor Wilson called a recess at 10:25 p.m. and reconvened the meeting at 10:35 p.m.
Mr. Sloman stated that rather than try to negotiate on this at this time, they would prefer that
Council allow them to come back at the meeting of August 25 for reconsideration and review
of the entire project.
Upon question by Mayor Wilson, Mr. Erwin responded that the Council could reconsider its
decision; however, someone who voted in favor of the motion would need to make the motion
to reconsider the matter, and the motion to reconsider must be done at this meeting.
Mr. Sloman stated that the development team had put a lot of time and effort into this project.
He said it was their understanding that Council was concerned with the amount of commercial
area and the amount of landscaping. If the commercial was reduced, landscaping could be
increased. He asked that they be given the opportunity to come back before the Council after
reviewing conditions placed by the Planning Commission.
Councilman Crites asked whether Mr. Sloman wanted the Council to take another look but
not at the same project, whether the team wanted to reconfigure the proposed project and
come back with something that is more than cosmetically different.
Mr. Sloman responded that it would be the same project but that due to comments heard at
this meeting, they would like Council to take another look at it. He said they would like to
take the next four to six weeks and reanalyze the project and make some intelligent business
and financial decisions.
Councilman Snyder moved to reconsider the Council's decision and continue this matter to the
meeting of August 25, 1994. Motion was seconded by Crites on the basis that what Council will receive
on August 25th will be a substantially different project with meaningful and substantial changes made to the
commercial section. Motion carried by a 4-1 vote, with Councilmember Benson voting NO.
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D. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO SECTION 25.34.020 OF
THE ZONING ORDINANCE TO ADD "ADULT ENTERTAINMENT
ESTABLISHMENTS" AS PERIvu i Ira) USES IN THE SERVICE INDUSTRIAL
DISTRICT, Case No. ZOA 94-2.
Mayor Wilson declared the public hearingn and asked for staff's report.
Mr. Diaz reviewed the staff report, noting that the purpose of this amendment was to bring
the Zoning Ordinance into consistency with the existing Adult Entertainment Ordinance
adopted in 1984.
Mayor Wilson invited testimony in FAVOR of or OPPOSED to this amendment. None was
offered, and he declared the public hearing closed.
Councilman Snyder moved to waive further reading and pass Ordinance No. 756 to second reading.
Motion was seconded by Benson and carried by unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Mrs. Gilligan noted for the record that the Promotion Committee had changed its meeting from
July 20, 1994, to July 27, 1994.
With Council concurrence, Mayor Wilson adjourned the meeting at 10:45 p.m.
ATTEST:
SHEILA LLIGAN, CI'tir CLERK
CITY OF PALM DESERT, CALIFORNIA
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