Loading...
HomeMy WebLinkAbout1994-06-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 9, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE - Mayor S. Roy Wilson III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Excused Absence: Mayor Pro-Tempore Buford A. Crites 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 Phil Drell, Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Director of Finance Joe Gaugush, Senior Engineer Bob Smith, Acting Director of Code Compliance John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 26, 1994. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 51 and 52. Rec: Approve as presented. C. REOUEST FOR RELEASE OF SUBDIVISION IMPROVEMENT SECURITY for Parcel Map 24794 (Birtcher Properties, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. D. REQUEST FOR APPROVAL of Assessment Proceedings for the Cook Street and Interstate 10 Roads and Bridges Benefit District. Rec: By Minute Motion, authorize staff to negotiate with Muni Financial Services (Contract No. C08750) for the initiation of the Cook Street and Interstate 10 Roads and Bridges Benefit District affecting the City of Palm Desert's fair share. E. CONSIDERATION OF LETTER from the Desert Chapter of the Building Industry Association Relative to Recent Adoption of an Ordinance by the City of San Jacinto Waiving Some of its Building Fees and Requesting that the City of Palm Desert Adopt a Similar Ordinance. Rec: Refer to staff for report and recommendation. F. CONSIDERATION OF PROPOSAL from Washington School Relative to the City Investing in a Portable Classroom to be Used as a Science Lab. Rec: Refer to staff for report and recommendation. G. REOUEST FOR APPROVAL of Agency Contract with Wilkinson & Parlan (Contract No. C0844Q) to Provide Advertising and Promotion Services to the City of Palm Desert. Rec: By Minute Motion, approve the contract and authorize the Mayor to execute same. H. REOUEST FOR APPROVAL of Lease Agreement with the City of Canyon Lake for the City of Palm Desert's Electric Shuttle (Contract No. C08760). Rec: By Minute Motion, authorize the Mayor to execute the lease agreement between the City of Canyon Lake and the City of Palm Desert for the electric shuttle. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING _ JUNE 9, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson asked that Item D be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Kelly, second by Snyder, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. MARTIN MARTINEZ, Ambassador from the Coachella Valley Mexican American Chamber of Commerce, showed the proclamation that had been signed on January 4, 1994, by the Mayors of most of the cities in the Coachella Valley as well as two County Supervisors commemorating January 16, 1994, as Martin Luther King, Jr. day as a national holiday. The proclamation had been presented to him on January 16th at Temple Isaiah in Palm Springs as one of the founding members of the Coachella Valley Mexican American Chamber of Commerce. He said he had accepted it with the ultimate goal of the proclamation being given to the current president of the Chamber, Carlos Ortega. He introduced representatives of the Board of Directors of the Mexican American Chamber of Commerce as well as the Board of the Palm Springs Hispanic Chamber of Commerce, and he presented the proclamation to Mr. Ortega to be displayed at Palm Desert City Hall. MR. CARSON PARLAN of Wilkinson & Parlan introduced himself and other members of his organization and thanked the Council for selecting Wilkinson & Parlan as the City's advertising and public relations agency. He said they would work to help spread the message that the sun shines a little brighter on the City of Palm Desert. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 751 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 11, PARKS, OF THE PALM DESERT MUNICIPAL CODE. Mr. Wohlmuth reviewed the staff report, noting that staff had received comments and had made basically clerical modifications to the ordinance. He noted that the park reservation 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 s * * • • • . s • s s s s • • s s • s s • * • s • s + s s w * • s * • s + s permit process and fee schedule had been established, and he distributed copies to the Council. He said the fees were basically $10.00 per hour for the amenities for residents and $15.00 per hour for non-residents, plus a cleaning deposit. Administration of the park would be by the City of Palm Desert, and the Public Works Director would be designated as the Director of the Park. The Coachella Valley Recreation and Parks District would supervise the park and would be making hourly checks and administering the reservation forms. The YMCA and Youth Sports Organization would also have certain rights to utilize the facilities. Upon question by Councilman Kelly relative to costs to use the park, Mr. Wohlmuth responded that groups wishing to use the park would have the option of not reserving the space and using it on a first -come, first -serve basis, but the area would not be reserved for them. Councilmember Benson asked what would happen in a case where a group without a reservation comes in and starts to set up and a group with a reservation then comes in to use the facility. Mr. Wohlmuth responded that all facilities would be posted with that day's reservations. Upon question by Mayor Wilson about the fee structure, Mr. Wohlmuth responded that our fee structure was basically taken from the fee structure already in existence for the Coachella Valley Recreation & Park District, although our cleaning deposit was much lower and was approximately $1.00 per person per group, with a minimum of $50.00. This deposit was fully refundable if the facility is left in good condition. Councilmember Benson stated she felt the section regarding park supervision needed to be clarified as far as what is considered "normal. business hours" instead of stating "...seven days a week during normal business hours or as agreed by the City and the District". She said she-7- felt it should be spelled out exactly what those hours area. Mr. Wohlmuth responded that we currently had an agreement with the recreation facility on their normal business hours; the City was asking them to provide normal business hours that are more than their current business hours on the weekends. He said this section was left a little vague in the hope they would extend their business hours and provide supervision in the park on the weekends. He added that their business hours currently are 6:00 a.m. to 10:00 p.m. on weekdays and approximately 10:00 a.m. to 6:00 p.m. on weekends. Councilmember Benson asked who would be monitoring the park on weekends after 6:00 p.m. Mr. Wohlmuth responded that either the City of Palm Desert through the maintenance personnel or the Recreation District would provide supervision, including enforcement of reservations on any amenity He added that there would be coverage every day of the week until 10:00 p.m. The City was asking the Recreation District to expand its weekend hours to 10:00 p.m.; if this did not happen, the City would reschedule its maintenance crews to cover the park supervision. Upon further question by Councilmember Benson, Mr. Wohlmuth responded that the normal business hours could be spelled out in the ordinance. 4 IINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 * * « « « « « « « « « « « « « « « « * « « « « « « « « « * « « « * * « « « « Mayor Wilson stated that if Council were to move forward with this ordinance, he would suggest that staff bring this back to the Council in three to six months with an evaluation of any problems in administering the ordinance, etc. Mr. Wohlmuth responded that staff would monitor this and bring a report back to Council in three months. Councilman Snyder moved to: 1) Waive further reading and adopt Ordinance No. 751; 2) by Minute Motion, ratify the Park Use and Reservation Fee Schedule and Administration of Park Rules and Regulations, with additional language as recommended by Councilmember Benson relative to "normal business hours". Motion was seconded by Benson and carried by a 3-1 vote, with Councilman Kelly voting NO. IX. CONSENT ITEMS HELD OVER D. REOUEST FOR APPROVAL of Assessment Proceedings for the Cook Street and Interstate 10 Roads and Bridges Benefit District. Mayor Wilson expressed concern that staff would keep in mind comments received from the public several years ago relative to assessing vacant property north of Ramon. Mr. Folkers responded that this would apply to properties as they develop and would only be for property within the City of Palm Desert. Councilman Kelly moved to, by Minute Motion, authorize staff to negotiate with Muni Financial Services (Contract No. CO87501 for the initiation of the Cook Street and Interstate 10 Roads and Bridges Benefit District affecting the City of Palm Desert's fair share. Motion was seconded by Snyder and carried by unanimous vote. X. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF LETTER FROM DSL SERVICE COMPANY RELATIVE TO THE DESERT CROSSING PROJECT. Mr. Drell reviewed the staff report, noting that this project still had to go to the Architectural Review Commission for approval. He stated that the staff report was in response to a letter from Mr. Wendell Hindley regarding this project. Councilmember Benson questioned the next to the last paragraph in the memo relative to replacement stores for Marshall's and Circuit City being open for business within a year. She said it was her understanding that one of the conditions of the agreement was that no store could move unless that space was already leased to another tenant so that no store was left empty. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • * * * * * * * Mr. Ortega responded that the replacement must be found even while they are negotiating to move out; the year basically has to do with the new tenant coming in and having to do remodeling, etc. in order to open the store, and this must be done within a year. Councilmember Benson moved to, by Minute Motion, direct that a letter be prepared and sent to Mr. Wendell Hindley detailing what the staff report indicates, that this project, like his project, went through rigorous review and approval that is still continuing. Motion was seconded by Snyder and carried by unanimous vote. B. CONSIDERATION OF $EOUEST FROM SHELTER FROM THE STORM, INC. FOR SUPPORT OF ITS POSITION RELATIVE TO AN EQUITABLE DISTRIBUTION OF PRESLEY TRUST FUND MONIES. Mr. Altman noted the letter in the packets and asked for Council direction. MS. BARBARA BENES VAIL, President of Shelter from the Storm, Inc., addressed Council and noted that $23 from each marriage license issued in the State of California is earmarked for domestic violence programs (Presley Trust Fund monies). In the past, all such funds for Riverside County had gone to Alternatives to Domestic Violence (ADV) because it was the only such shelter facility in the County, with 15 beds. She stated that Shelter from the Storm had opened its 60-bed facility in September, 1993, and she felt they should be receiving some of those funds. She said that the Riverside County Finance Administrator was recommending that funds for 1994/95 be distributed in proportion to the licenses issued in Riverside and Indio, which would result in 75 % of the funds going to the small western area, including the City of Riverside, and 25% going to the larger but less denslely populated area of the Coachella Valley. She said Shelter from the Storm Board members felt the split should be 50/50 instead of 75/25 because they served people from all over the County, not just the Coachella Valley. She added that since opening a little over seven months ago, the Shelter had served 100 women and 214 children and had given them emergency shelter, food, counseling, etc. She asked that the Council send a letter to the County expressing support of equitable distribution of the Presley Trust Fund monies. Councilmember Benson asked if there was any formula for distribution of the $23.00 per marriage license fee. Ms. Vail responded that the distribution was left up to each county. She added that her organization had surveyed other counties with multiple agencies, and most of them did distribute the monies equally. Councilmember Benson moved to, by Minute Motion, direct the Mayor to send to the County a letter of strong support for the equal distributin of the Presley Trust Fund monies. Motion was seconded by Kelly and carried by unanimous vote. r 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « C. REOUEST FOR APPROVAL OF AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT TO PROVIDE OFFICE SPACE IN PALM DESERT CITY HALL (CONTRACT NO. C08770). Mr. Altman noted the memorandum in the packets and recommended approval. Upon question by Councilman Kelly, Mayor Wilson responded that the proposal was that the City would provide the office space free of charge, and the office would be located in the area adjacent to the Department of Building and Safety. He noted that AQMD had been reducing its budget by $10 million per year, would be closing its Colton office, and was looking for cost effective ways to provide this service so our residents to not have to drive all the way to Diamond Bar for their permits, etc. Councilmember Benson stated she had no problem with providing the space but questioned the issue of photocopying and fax charges, even though the memorandum indicated the AQMD staff would keep photocopying and fax needs to a minimum She felt there should be something in the final agreement relative to them paying for photocopying and faxing because she did not think the City should be absorbing any costs associated with this office. Mr. Altman suggested approving the agreement and directing staff to track the copying and fax usage for three months to see what the costs are, with a report to come back to the Council. Mayor Wilson stated that the attorneys would be drawing up the specific agreement and bringing it back for Council approval; these issues could be addressed in the agreement. Mr. Wohhnuth explained that there would actually be two positions: 1) A Plans Checker would be working in the office; and 2) a Plans Engineer would be doing most of the work from his vehicle. He stated that photocopying would be done very rarely; with regard to the fax machine, most of the faxes would be coming into Palm Desert, not being sent from our office, and the agreement would be worded in such a way that we would be able to look at the costs of copying and faxing. Telephone service would be entirely paid for by AQMD, both the establishment of phone lines and all monthly charges. The City had also required as part of the agreement that they handle all of their telephone answering needs, and they had purchased from GTE a call forwarding system so that their calls will be forwarded to either the Diamond Bar office or the Colton office if it remains open. He added that AQMD was not opposed to paying a flat charge for copy and fax services. Councilman Snyder moved to, by Minute Motion, authorize the Mayor to enter into an agreement with South Coast Air Quality Management District (SCAQMD) to provide office space in Palm Desert City Hall. Motion was seconded by Benson with the addition of wording in the agreement relative to AQMD paying a fee for photocopying and fax services. Snyder agreed, and the motion carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF LETTER FROM MR. RONALD GARRET ' RELATIVE TO NOISE CONTROL IN THE EARLY MORNING HOURS AND REQUESTING AN AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 9.24.060 (K) EXEMPTING TENNIS COURT MAINTENANCE. Mr. Smith reviewed the staff report, noting staffs concerns relative to tennis courts immediately adjecent to residences. He said the recommendation was to exempt those tennis courts surrounded by and contiguous to golf courses from the requirements of Section 9.24.060 relative to noise control. Councilmember Benson moved to, by Minute Motion, direct staff to process an amendment to Palm Desert Municipal Code Section 9.24.060(k) exempting those tennis courts surrounded by and contiguous to golf courses from the requirements of Section 9.24.060 relative to noise control. Motion was seconded by Snyder and carried by unanimous vote. E. CONSIDERATION OF ECONOMIC DEVELOPMENT ADVISORY COMM' i i r ti RECOMMENDATION TO ADOPT A POLICY EXPRESSING THE CITY'S DESIRE TO ATTRACT THE ALTERNATIVE ENERGY INDUSTRY. Mr. Shillcock reviewed the staff report and offered to answer any questions. Councilman Kelly moved to, by Minute Motion, endorse the concept of a policy expressing the City's desire to attract the alternative energy industry and direct the Economic Development Advisory Committee to bring forth a formalized statement of that policy to be ratified by the City Council. Motion was seconded by Benson and carried by unanimous vote. Mayor Wilson stated he felt this was a very good direction, and he commended the-7- subcommittee of the Econonic Development Advisory Committee for its hard work in developing this direction for the City. F. INFORMAIMNAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to cable complaints received for the period May 18 - 31, 1994. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL 14irir,LiviG JUNE 9, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. REOUEST FOR AUTHORIZATION TO REVERSE ONE-WAY FRONTAGE ROAD FROM JENSEN'S SHOPPING t. r cv i r x. TO SAN PABLO AVENUE (Continued from the Meeting of May 26, 1994). Mr. Folkers reviewed the staff report, noting that due to opposition that had arisen, staff s recommendation was now to leave the situation as it is and do some additional signage to indicate to motorists to keep the area clear. MS. CAROL HERRERA, E & G Developent Company, submitted an original letter opposing the change in direction (on file and of record in the City Clerk's Office). She asked what the additional signage would say. Mr. Folkers responded that it would basically say "keep cross street clear". He added that staff would also like to put in a "do not enter" sign at a different angle so that people do not turn into that frontage road. Councilman Kelly stated he felt the traffic situation was better prior to the stop bar being painted just south of the frontage road, and he suggested removing the stop bar and letting traffic move on. Councilman Snyder agreed. Ms. Herrera stated that the representative of Master Pools and Spas indicated agreement with removing the stop line and letting the cars move forward. MR. FRANK to i t hi., owner of The Flower Company, stated that his drivers went in and out about .15 times a day, and the only time they have problems is when they try to go eastbound on Highway 111. He felt everything should be left the way it is now. He also expressed concern that people not familiar with the area trying to turn left onto San Pablo from the Jensens parking lot will end up facing oncoming traffic with no place to go. He felt the City should just install a sign that indicates "no left turn". Ms. Herrera also suggested that the timing of the signals be changed so that people turning from San Pablo onto Highway 111 are given more time to make their turns. Mayor Wilson responded that although the City has control over San Pablo Avenue, Caltrans regulates the lights on Highway 111. Councilman Kelly moved to, by Minute Motion, direct staff to: 1) Leave the situation as it is currently but remove the white stop bar just south of the frontage road; 2) monitor the sitaution to see how it is working. Motion was seconded by Benson and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL IVak,4 i i dG JUNE 9, 1994 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • B. CONSIDERATION OF COUNTY SERVICE AREA 152 (CSA 152) ASSESSMENT LEVY FOR STORMWATER/CLEANWATER PROTECTION PROGRAM (Continued from the Meeting of May 26, 1994). Mr. Folkers reviewed the staff report, noting that Council had asked that staff investigate what method other cities are using to fund the program. Of the 14 cities contacted, only 2 were not utilizing the assessment district — the City of Coachella is going with a zero assessment, and the City of Indian Wells is utilizing its general fund. He stated that staff s recommendation was that the Council affirm its decision of March 10, 1994, setting benefit assessment rates for County Service Area 152 - NPDES. Councilmember Benson stated she still felt the same as at the last meeting, that if this is something that needs to be done, it should be treated like every other service provided to the citizens and should be paid by the City. Councilman Kelly asked how much the program would cost if the City did not go with the assessment district and if we did it ourselves instead. Mr. Gaugush responded that the true dollar savings would be approximately $18,000, and it would cost about $98,000 on an annual basis for the City to do this. He said the program itself needed to be undertaken as mandated, and what Council needed to determine was the method of paying for it. If it was Council's desire not to do this through the County Service Area 152, the Board of Supervisors would need to be notified that the City would be levying a zero assessment for fiscal year 1994/95. If the City chose to do its own assessment district, it could not be done until fiscal year 1995/96; however, he said it would not be very beneficial since there is already an assessment district established through the County — CSA 152. Councilman Snyder asked whether some of the numbers could be reduced if we did the work - ourselves, and Mr. Gaugush responded that there was always that opportunity. He added that until we receive the permit from the Water Quality Control Board, it is difficult to know exactly what we would be required to do for compliance. Mayor Wilson stated he felt this was a typical Federally mandated program that ends up costing more and more. He said it was his understanding that this program was basically about inspections of the drain systems. Mr. Gaugush agreed and said it would be inspection, cleaning, and monitoring of the drain systems. He added that the City was already involved in a storm drain cleaning project, and staff felt the current level of maintenance would exceed what may be coming down from the Water Quality Control With regard to Councilmember Benson's comments about the City paying for and providing this service to the citizens, Mayor Wilson asked whether it would be possible to have a zero assessment and ask staff to monitor next year's costs over and above what the City is already doing and report those costs to the Council. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « Mr. Gaugush responded that this could be done but that staff would need to notify the Water Quality Control Board and the Board of Supervisors that the City would be going with a zero assessment. He added that the Council, at its meeting of March 10, 1994, had adopted a resolution setting the rate, and he asked what would be necessary to change that action. Mr. Erwin responded that the Council would have to rescind Resolution No. 94-35 in order to change the rate to a zero assessment. Councilmember Benson moved to rescind Resolution No. 94-35. Motion was seconded by Kelly. Mr. Erwin stated that if this motion passed, Council would still need to have a program or be subject to fines. Mayor Wilson suggested continuing this matter to the next meeting and asking Councilmember Benson to attend the County meeting with appropriate staff to get additional information on this program and bring a report and recommendation back to the Council. Mr. Gaugush responded that it was his understanding that the deadline was June 20, 1994, in that budget considerations must be established for the County Service Area as a whole. He said County administration wanted information as to what the City's assessment will be in order to present the budget recommendations to the Board. Councilmember Benson stated that she was not concerned with being a part of County Service Area 152, but she did have a concern with taxpayers having to pay for this program. Councilmember Benson amended her motion to waive further reading and adopt Resolution No. 94-59, rescinding Resolution No. 94-35, setting a zero assessment per parcel to pay for the NPDES program, and determining that the program costs would be paid from the City's General Fund. Motion was seconded by Kelly and carried by unanimous vote. XII. OLD BUSINESS A. CONSIDURATION OF RBOUEST FROM MRS. EV PELICO OF E. PELS VENDING FOR AMENDMENT TO PALM DESERT MUNICIPAL CODE SECTION 5.97.110 RELATIVE TO PROHIBITING VENDING WITHIN 750 FEET OF A RESTAURANT AND 1500 FEET OF ANY PARK, SCHOOL, OR PLAYGROUND. Mr. Smith reviewed the staff report and recommendation. MR. PAUL CAMPBELL, 73-910 El Paseo, stated that this had been before the Council two years ago. The business community was opposed at that time and continued to oppose this request. They felt it was a public nuisance because of the noise from the bells and the stopping of traffic, especially in Presidents' Plaza. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 • • • • * • • * * * * • * • • • • • * * • • • • • • • • • • • * • • * • * • Councilmember Benson stated that the very reason the applicant was requesting that this section of the Municipal Code be removed was the reason the Council asked for it to be put in there in the first place. Councilmember Benson moved to, by Minute Motion, deny the request for amendment to Palm Desert Municipal Code Section 5.97.110. Motion was seconded by Kelly and carried by unanimous vote. Imo. REPORTS AND REMARKS A. CITY MANAGER 1. Update on Parg Situation in Waring Court Mr. Folkers stated that he had spoked with Mr. Baruh who had brought this situation to the attention of the City. He said students from Palm Desert High School were parking in the Waring Court development when they were not allowed to park on the High School grounds due to disciplinary action. He said he had proposed to Mr. Baruh that signs be installed indicating two hour parking from 8:00 a.m. to 4:00 p.m. Mr. Baruh accepted this recommendation, and he said staff would go out and inform the residents that this is the way the City would handle the situation; if there are residents who do not agree with the recommendation, staff will not install signs in front of their homes. 2. Mr. Altman stated that a Closed Session item for the next Council meeting would be a proposal from an individual who wishes to purchase the Corporation Yard. 3. Reimbursement Agreement for Cook Street/Interstate 10 Interchanee Mr Altman stated that this was an emergency item that came up after the Agenda was posted. He asked that the Council add it to the Agenda for discussion. Mr. Erwin added that this agreement bad come to the City today and that it could be considered by the Council if all four members present agreed to add it to the Agenda. Councilman Kelly moved to add this item to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote. Mr Altman stated that the agreement would lock us in on the Cook Street funding, and he asked that the Mayor be authorized to sign it on behalf of the City. He added that he had reviewed the agreement as had Mr. Folkers and the City Attorney. Councilman Kelly moved to, by Minute Motion, approve the agreement (Contract No. C087901 and authorize the Mayor to execute same. Motion was seconded by Snyder and carried by unanimous vote. 12 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 * « « * * * * * * * * * * * * * * « * « « « « * * * * * « * « « * « « « * * B. CITY ATTORNEY Mr. Erwin noted that an Agenda Addendum had been posted at least 72 hours prior to this meeting relative to a request for a Closed Session at the appropriate time to discuss the foolowing: Conference with labor negotiator pursuant to Government Code Section 54957.6: Name of Agency negotiator: William Floyd Name of employee organization: Palm Desert Employees Organization C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Kelly requested permission to be excused from the meeting at 6:00 p.m. in order to attend a graduation ceremony. He also asked for an excused absence from the City Council meeting of June 23, 1994. Council concurred. o City Council Reauests for Action: None o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Mayor Wilson adjourned the meeting to Closed Session at 6:00 p.m. He 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 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 • • • * • • • • • • • • • • • • * * • • • • • • • * • * * • * • • * • • • • XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE OF APPRECIATION TO MS. DIANE COX FOR HER SERVICE ON THE EL PASEO BUSINESS ASSOCIATION BOARD AND THE CITY'S ECONOMIC DEVELOPMENT ADVISORY COMIvu i On behalf of the entire City Council and staff, Mayor Wilson presented a plaque of appreciation to Ms. Cox for her many years of service to the City. XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF SIGN PROGRAM FOR A 500,000 SQUARE FOOT RETAIL CENTER (DESERT CROSSING) WHICH INCLUDES EXCEPTIONS TO SIGN ORDINANCE SECTION 25.68.300 INVOLVING WALL SIGN HEIGHTS OVER 20 FEET AND SECTION 25.68.310 INVOLVING FREESTANDING SIGNS, CASE NO. PP 92-5 (LOWE DEVELOPMENT CORPORATION, APPLICANT). Senior Planner Phil Drell reviewed the staff report and offered to answer any questions. MR. GREG HOXWORTH, Lowe Enterprises, stated that the key issues regarding ' the exceptions to the sign ordinance were size, distance from the road, and site configuration. He noted that in other centers, those tenants over 20,000 square feet had their names on the tenant identification monument signs; this center has 11 large tenants and very few smaller stores, and that was the reason for the request for a second monument sign on each frontage. He said that without good signage, people visiting the City would not know the stores were in the center. With regard to their request for illuminated channel letters as opposed to halo lit, he said the halo lit letters look fuzzy as you get further away, while channel lit signs are more readable. He noted that both types of lettering were found in signage throughout the City, and he showed photos of several. He said he agreed with staffs recommendation regarding a limit of three colors; however, he asked for an exception for the Service Merchandise sign which has a black line at the bottom. He agreed with staff's recommendation to calculate signs using Section 25.68.220(B) based on exceptional distance but asked for a 15 % square foot increase in signage letters for Target and Bed, Bath and Beyond so they have the same size letters as the other tenants. With regard to monument signs, he said one option may be to have two signs on Highway 111 and one on Fred Waring, and each would have three tenant names for a total of nine. Mayor Wilson declared the public hearing omen and invited testimony in FAVOR of or OPPOSED to this request. MR. DAVID RANDOLPH spoke on behalf of Pacific Neon, Target's sign company and requested approval of the illuminated channel letters instead of halo lit because of the center's distance from the Highway. 14 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • With no further testimony offered, Mayor Wilson declared the public hearing closed. Council Comments/Ouestions= Benson: Expressed concern with the colors (red, white, and blue) of the signs against the beautiful mountains and said they did not even match the tile colors that were proposed. Felt it was unforgivable for the shopping center and could not see why any variances should be approved, including the extra monument sign. Said everyone in the Valley knew that Target was coming to Palm Desert, and they would not have any trouble finding it. Said she was against doing anything that was not in the City's approved sign ordinance. Snyder: Felt this matter should be returned to the Architectural Review Commission to take into consideration the five conditions included in the staff report. . Wilson: Said he had the same reaction as Councilmember Benson and would prefer what was shown on the renderings with the gold lettering on the signs. Said a case had been made relative to halo lit versus back lit letters, and if the pictures shown by the applicant were representative, the halo lit letters might not be good signage. Said there may be a case to look at back lit signs when there is sufficient distance from the road to justify it; however, said he would like to have additional input from the Architectural Review Commission regarding this issue. Said he did'not have a problem using Section 25.68.220(B) to calculate signs as recommended by staff. With regard to monument signs, he asked how many monument signs were at the Town Center. Mr. Drell responded that there were two monument signs on Highway 111, one with just "Town Center" and the other whose approval was justified on the basis of businesses being open in the evenings. He added that there was also the McCallum Theatre sign on Monterey Avenue. Mayor Wilson asked whether all of the major tenants had their names on the monument signs, and Mr. Drell responded that none of the majors had their names on the signs. With regard to lighting of the signs, he suggested that the sign company be directed to conduct a test to show how halo lit signs would look as opposed to the illuminated channel letters so that Council can see the difference in the way the two types of signs will look from a distance. Mr. Hoxworth stated that this would be possible but that it would be very expensive to do. Mayor Wilson suggested that the applicant either conduct this type of test or find existing signage with both types of lighting and stake out the distance so Council and the Achitectural Review Commission members could go and look at it at night. He said he felt this would clarify the visibility factor. With regard to colors, he asked the applicant to respond to Council's concerns. Mr. Hoxworth responded that the tenants were adamant about the colors proposed and felt they were part of their identification. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Randolph added that the head of architecture for Target had asked that he make it extremely clear to the Council that Target very much likes its red color. He added that aesthetics was a very subjective issue. Mayor Wilson suggested that this matter be referred back to the Architectural Review Commission with comments made by Council and direction to the applicant to set up a location where the Council and the Commission can go at night to examine the different types of lighting and that the matter be brought back to the Council with the Commission's recommendations. Mr. Drell stated that the Minutes reflected the opinions of the Architectural Review Commission members. He said he felt they were not troubled so much by the red, white, and blue colors but did not want halo lit letters and were unclear on the monument signs since the City's ordinance did not permit what they were requesting. Councilman Snyder stated that he would prefer to go with a third monument sign and keep the size down to six feet. Councilmember Benson expressed concern that only three of the five Councilmembers were present, and she felt it was important to hear from both Crites and Kelly on this center. She added that the Council had tried to keep Highway 111 looking nice, and the Target people knew the City had a tough sign ordinance when they first came in. Councilman Snyder moved to, by Minute Motion, direct staff to take this matter back to the Architectural Review Commission for the purpose of negotiating the five items submitted to the Council in the staff report and that staff relay to the Commission the information and feelings set forth by the Council and ask the Commission to use its judgment to come up with some good information for the Council to make a final decision if the Commission does not. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Councilmen Crites and Kelly ABSENT. XIX. ORAL COMMUNICATIONS - D None 16 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1994 « « « « « « * « « « « * « « « « « « * « « « « « « « « « « « « « « * « « « « XX. ADJOURNMENT Councilman Snyder moved to adjourn the meeting at 7:50 p.m. Motion was seconded by Wi1s,n and carried by unanimous vote. ATTEST: SHEILA R. Jk1 JGAN, CITY OF PALM DES CLERK CALIFORNIA 17