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HomeMy WebLinkAbout1994-10-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. 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 Doug Philips, Deputy City Attorney Sheila R. Gilligan, City Clerk/P.1.O. Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Executive Director of Redevelopment Agency Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Director of Finance Dave Millheim, Director of Human Resources Wayne Ramsey, Acting Director of Code Compliance Catherine Sass, Community Arts Manager Lisa Constande, Environmental Conservation Manager MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 22, 1994. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 12, 14, 15, and 16. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by MBNG-1 for Mrs. Bone's Nature's Gourmet, 44-150 Town Center Way, #B1 and B2, Palm Desert. Rec: Receive and file. D. RESOLUTION NO. 94-107 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (August, 1994). Rec: Waive further reading and adopt. E. REOUEST FOR REFUND OF FEES for Business License #94-9597 and Certificate of Use for American West Escrow Co. for Fiscal Year 1993/94. Rec: By Minute Motion, approve the refund of $30.00 for Business License #94-9597 from Fiscal Year 1993/94 budget. F. REOUEST FOR REFUND OF FEES for Business License #93-4257 for Fiscal Years 1992/93 and 1993/94 for Thomas Angone. Rec: By Minute Motion, approve the refund of $82.50 for Business License #93-4257 for Fiscal Years 1992/93 and 1993/94. G. $EOUEST FOR APPROVAL of Proposal for Subdivision Review Services. Rec: By Minute Motion, retain NBS/Lowry to provide engineering plan review services on a 90-day trial basis (Contract No. C09090). H. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Fleet Trucks. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for three replacement compact pickup trucks and one 4-wheel drive pickup truck. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR APPROVAL of Design Change Order #3 to Contract for Cook Street Extension (Contract No. C07420). Rec: By Minute Motion, approve Design Change Order #3 in the amount of $18, 300.00 for the design modification of the extension of Cook Street at Frank Sinatra Drive; funds available from Capital Project Reserve Fund, Account #400-4356-433-4001. J. REQUEST FOR APPROVAL of Construction Change Order No. 1 for Construction of Street Modifications and Traffic Signal Installation at Cook Street Extension, Frank Sinatra Drive to I-10 Interstate (Contract No. C08710). Rec: By Minute Motion, approve Construction Change Order No. 1 to Contract No. C08710 for the addition of sanitary sewer and water line stub outs and roadway elevation change in the amount of $52,660.00 and transfer this amount from contingency to base in Project Account #400-4356-433-4001. K. REQUEST FOR APPROVAL of Final Tract Maps 23940-3 and 23940 (Mr. Robert B. Varner, Applicant). Rec: Waive further reading and adopt Resolution No. 94-108, approving Tract Maps 23940-3 and 23940. L. REOUEST FOR RELEASE of Subdivision Improvement Securities for Sunrise Company - Indian Ridge Project. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. M. REOUEST FOR APPROVAL of Funding for Multi -Agency Library Ceremony. Rec: By Minute Motion, approve the request and authorize the appropriation of $5,000 as the City's share of the costs for the the Multi -Agency Library "Ground Broken" ceremony. Upon motion by Kelly, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. RICHARD IMMENHAUSEN, 73-466 Goldflower, Palm Desert, addressed Council relative to Building Permit No. 2605 and stated that last week he had sent in his claim for damages in the amount of $200,000 and requested an answer in writing today. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Mayor Wilson, Mr. Philips stated that inasmuch as it appeared that Mr. Immenhausen was presenting a claim against the City, he would prefer that Council not respond at this time. Mayor Wilson stated that this matter would be handled through proper channels. MR. KEN ELDRED addressed Council relative to the Sonata Court Landscaping and Lighting Assessment District and submitted documents to the City Clerk (on file and of record in the City Clerk's Office). He reviewed the documents and asked that the Council rescind the assessments for this development. He questioned Mr. Folkers' asking his for money prior to the trial, and he also stated he felt there was a conflict of interest in that the attorneys for the City and the developer (Barcon) were both with Best, Best & Krieger. He stated his requests as follows: 1) Rescind the assessment and return it back to Barcon; 2) prevent this from happening again; 3) require legal review of the CC&R's for compatibility with City codes; 4) full disclosure of assessments - this should be done as part of the permit process; 5) fire Mr. Folkers for misleading the court; 6) fire Best, Best & Krieger and get a more prudent attorney. Mayor Wilson responded that the Council' could not take any action at this time as the item was not listed on the Agenda but that the matter would be referred to staff for response. He added that he wished to clarify the question regarding Mr. Folkers asking for money when he was given the subpena, and he said the law states that when an employee receives a subpena to appear in court, a fee must be paid for that employee's time. VII. RESOLUTIONS A. RESOLUTION NO. 94-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A PROCLAMATION DESIGNATING THE FALL ILLEGAL DUMPING CLEANUP EVENT, OPERATION DESERT CLEAN SWEEP, AS AN EVENT OF IMPORTANCE. Mr. Altman noted the memorandum in the packets from Ms. Constande and recommended approval. Councilman Kelly moved to waive further reading and adopt Resolution No. 94-109. Motion was seconded by Benson and carried by unanimous vote. VIII. ORDINANCES For Introduction: None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 762 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE PALM DESERT MUNICIPAL CODE RELATING TO VEHICLE PARKING AND REPAIRS IN RESIDENTIAL DISTRICTS. Mr. Altman noted that no changes had been made since introduction of this ordinance, and he recommended its adoption. Councilmember Benson moved to waive further reading and adopt Ordinance No. 262. Motion was seconded by Snyder and carried by a 3-0-1-1 vote, with Councilman Crites ABSENT and Councilman Kelly ABSTAINING as he was not present when the ordinance was introduced. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF TAX SHARING AGREEMENT WITH THE CITY OF RANCHO MIRAGE (Contract No. C09100). Mayor Wilson noted that a request had been received from Mr. Charles Martin to hold this item until a representative of Legacy Home Furnishings can be present. Council concurred. Mr. Shillcock reviewed the staff report, noting that Legacy Furniture was expanding its building across the City of Palm Desert boundary to include a vacant building immediately adjacent but in the City of Rancho Mirage. He said the major concern was the manner in which sales taxes generated in each city would be accurately distributed. After discussion with the City of Rancho Mirage, it was determined that the logical thing to do would be to base the sales tax distribution on the total floor area in each municipality (percentage of total floor area in each city would represent percentage of total sales taxes generated that each city would receive). He said the agreement included in the staff report would accomplish this and that it had been approved by the City of Rancho Mirage. MS. SHEILA STEVENS, owner of Legacy Home Furnishings, thanked the Council for its assistance in this matter. Councilman Snyder moved to, by Minute Motion, approve a tax sharing agreement with the City of Rancho Mirage and authorize the Mayor to execute same, subject to approval of the final agreement by the City Attorney. Motion was seconded by Kelly and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. PRESENTATION OF CERTIFICATE OF APPRECIATION TO ROSALIO PLATA, PRESIDENT, ASSOCIATED STUDENTS AT COLLEGE OF THE DESERT. Mayor Wilson noted that a very successful series of concerts had been held in the Civic Center Park Amphitheater during the summer months. He said this program would not have been successful without the help of Rosalio Plata, President of the College of the Desert Associated Student Body, and his efforts in regard to the performance of the Aztec dancers. He presented Mr. Plata with a certificate of appreciation on behalf of the entire City Council and staff. C. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to complaints received for the period from September 12 through October 3, 1994. 2. Shift in Boundaries for Caltrans District 8. Mr. Folkers reviewed the report in the packets and offered to answer any questions. 3. Removal of Concrete Bus Shelter from the Vacant Lot on the Southeast Corner of Highway 111 and Portola Avenue. Mr. Folkers noted the staff report in the packets. Councilman Kelly stated that several meetings ago the Council discussed what was going to be done with that corner. He said he and Councilman Snyder had met to discuss this. While he was in favor of putting some ty pe of park at that corner, Councilman Snyder felt it would be better to have some kind of development. He said they agreed that we should proceed with some kind of development with a park setting and include a nice bus shelter that would be maintained by the developer. Councilman Kelly moved to, by Minute Motion, endorse the concept of a development on the southeast corner of Highway 111 and Portola Avenue that would have a park setting and would include a nice bus shelter that would be compatible with the design of the development. Motion was seconded by Snyder and carried by unanimous vote of the Council. 4. Alternative Energy/Alternative Transportation Industry Update. Mr. Shillcock reviewed his report dated October 13, 1994, and offered to answer any questions. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XL CONTINUED BUSINESS A. CONSIDERATION OF REQUEST FROM TARGET IN THE DESERT CROSSING PROJECT FOR APPROVAL OF BANNERS (Continued from the Meeting of September 22, 1994). Mr. Diaz stated that a request for another continuance had been received and that staffs recommendation was to continue the matter to the meeting of October 27, 1994, but to let the applicant know this is the last time. Councilman Kelly moved to continue this matter to the meeting of October 27, 1994. Motion was seconded by Snyder and carried by unanimous vote. XIS. OLD BUSINESS A. UPDATE ON CONCERNS RAISED BY MR. RICHARD IMMENHAUSEN AT THE CITY COUNCIL MEETING OF SEPTEMBER 22, 1994, RELATIVE TO THE REROOF OF HIS HOME. Mrs. Gilligan stated for the record that although Mr. Immenhausen stated he had mailed a claim to the City last week (see Oral Communications - A), it was not received until October 12th. No Council action was taken on this matter. B. REOUFST FOR APPROVAL OF PROPOSAL FOR CITY ENTRY SIGNAGE AT THE CITY'S WEST ENTRANCE. Ms. Sass reviewed the staff report, noting that Mr. Michael Watling was available to make a presentation to the Council. Mr. Watling reviewed his proposal, noting that his recommendation was to leave the faces of the rocks in their natural state and to do glyph work on the sides. He added that he realized this -matter would still need to go through the proper channels. Councilman Snyder commented that he felt Mr. Watling was doing a good job with these entry signs. He said they were unique, and the City was not following the patter of other cities. Councilman Snyder moved to, by Minute Motion: 1) Approve the design by Michael Watling for entry signage at the City's west entrance in an amount not to exceed $25,700.00; 2) approve Contract No. C09110 with Michael Watling in an amount not to exceed $25,700.00 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Phillips noted the Closed Session items on the Agenda as follows: 1. &Quest for Closed Session: Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9: Names of Parties: City of Orange v. Alabama Treasury, et al Case number: L.A.S.C. Case No. BC106461 2. Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9: Names of Parties: United States of America v. Real Property, etc., et al. Case number: Central District of California, CV 92-0100-RJK C. CITY CLERK 1. Joint Meeting of the City Council and Planning Commission. Mrs. Gilligan noted that although November 9th had been selected as the date for the joint City Council/Planning Commission meeting, the Planning Commission had requested that this be continued until a later time. She said staff would work with both the Council and the Planning Commission to come up with a different date. Mayor Wilson noted that the Planning Commission had reorganized and that as a result Mr. Sabby Jonathan was now Chairman and Mr. Paul Beaty was Vice Chairman. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o itv Council Reauests for Action: 1. Request for Appointment of Two City Representatives to the Newly Formed Airline Service Committee (Mayor S. Roy Wilson). Mayor Wilson noted the letter in the packets from the Palm Springs Desert Resorts relative to the appointment of an elected official and one business 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * community member to the newly formed Airline Service Committee. He recommended that Council appoint Councilmember Jean Benson and Dave Rolston from the Marriott Desert Springs. Councilman Kelly moved to, by Minute Motion, appoint Councilmember Jean Benson and Mr. Dave Rolston to serve as the City of Palm Desert's representatives to the Airline Service Committee. Motion was seconded by Snyder and carried by a 3-0-1 vote, with Councilmember Benson ABSTAINING. 2. Funding for 1995 Summer Concerts in the Park Councilman Kelly moved to add this item to the Agenda as an emergency item which arose after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote. Mrs. Gilligan reviewed the staff report, noting that the Civic Arts Committee had reviewed and approved the budget for the 1995 Summer Concerts in the Park at its meeting of October loth. She said action at this Council meeting was required so that the concerts may be included in the 1995 Community Calendar. Councilman Snyder moved to, by Minute Motion: 1) Approve the request from the Civic Arts Committee and authorize the production of six summer concerts for 1995 on the dates specified in the staff report; 2) appropriate $26,000 to Account No. 110-4418-414-3090 from the Unobligated General Fund Reserve. Motion was seconded by Kelly and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Kelly stated he had attended the "Yard Warming Party" at the new Corporation Yard last week and wished to go on record that he felt they had done a marvelous job of remodeling that building. He said he felt everyone who worked on it had done a great job, and he wanted to officially commend them for doing such a fine job. 2. Councilmember Benson noted that there would be an art show on October 18th at 6:30 p.m. at the Palm Springs Hilton and that this show would be put on by the group working on the Air Museum for Palm Springs and would have all aviation art. She asked that anyone wishing to attend R.S.V.P. to her. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER I3, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B None Upon motion by Kelly, second by Benson, and unanimous vote of the Council, Mayor Wilson adjourned the meeting to Closed Session at 5:05 p.m. for the purpose of discussing items listed under "City Attorney Reports and Remarks". He reconvened the meeting at 7:00 p. m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. WALLY REYNOLDS, 79-860 Fiesta Drive, La Quinta, stated he was the owner of #17 Montecito in Palm Desert. He said he was not speaking against any part of the golf complex for Section 4 because he felt it would enhance all of the properties. He said they had discussed at their homeowners' association meeting this week the possibility of the Marriott building two -store time shares and blocking their view of the mountains; however, he said he had seen the plans and did not feel it would do any harm providing the building pads are not built too high and the buffer zones are maintained. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF 1994 EMPLOYEE SERVICE AWARDS: THOMAS BASSLER, DON ENOS, PAGE GARNER, RAY JANES, PATRICIA SCULLY, AND PAUL SHILLCOCK - FIVE YEARS OF SERVICE; DON BARRY, PAT BEDROSIAN, DAVID CEHR, GLORIA DARLING, DONNA GOMEZ, GREGG HOLTZ, SONDRA JOHNSON, DENISE OAKLEY, FRANKIE RIDDLE, AND ROBERT SMITH - 10 YEARS OF SERVICE; MARY GAUGUSH AND ALANA TOWNSEND - 15 YEARS OF SERVICE. Mayor Wilson and Human Resources Director Dave Millheim presented the 1994 employee service awards to the subject employees. They thanked the employees for all of their efforts on behalf of the City of Palm Desert. B. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. KERMIT MARTIN. Mayor Wilson presented a plaque to Mr. Kermit Martin on behalf of the entire City Council and City Staff and thanked him for his many years of service to the City of Palm Desert and its citizens. He noted that Mr. Martin would continue to work for the citizens of Palm Desert in his new position at Waste Management. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN, AND A CHANGE OF ZONE FROM R-3 1000 (MULTI- FAMILY) TO PC-2 (DISTRICT COMMERCIAL) TO ALLOW CONSTRUCTION OF A 5,745 SQUARE FOOT ONE-STORY OFFICE BUILDING AND A 2,567 SQUARE FOOT TWO-STORY OFFICE/RETAIL BUILDING AT 42-575 WASHINGTON STREET, Case Nos. 3/Z 94-2. PP 94-5 (Drs. Frank and Janet Kerrigan, Applicant). Mr. Diaz reviewed the staff report, noting that the design of this project had been approved by the Architectural Review Commission and Planning Commission. He said there had been no opposition to the change of zone and that the project basically met all of the City's zoning requirements. He said staff recommended approval. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of this project. MR. CHRIS McFADDEN, Architect for the project, addressed the Council in support of the project. Mayor Wilson invited testimony in OPPOSITION to this project, and no testimony was offered. He declared the public hearing closed. Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 94-110 approving PP 94-2 subject to conditions; 2) waive further reading and pass Ordinance No. 16 to second reading, approving C/Z 94-2. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF AN APPEAL TO A PLANNING COMMISSION DECISION APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW OPERATION OF THE COLLEGE OF THE DESERT STREET FAIR AT COLLEGE OF THE DESERT BETWEEN THE HOURS OF 7:00 A.M. AND 2:00 P.M. ON SATURDAYS (PRESENT SATURDAY HOURS OF OPERATION ARE LIMITED TO THE HOURS OF 7:00 A.M. TO 12:00 P.M.), Lase No. CUP 91-13 Amendment #1, (College of the Desert Alumni Association, Applicant). Mayor Wilson excused himself from the meeting at this time and asked that Councilman Snyder chair the meeting for this public hearing. He said the reason for doing so was the appearance of a conflict of interest. He said he did not have anything monetarily to gain by this decision; however, he does teach at College of the Desert, the Street Fair does make available student scholarships, and the Alumni Association makes available equipment that the College is not able to furnish. Mr. Diaz reviewed the staff report, noting that staff felt not allowing the Street Fair to be open the additional two hours would mean they were not on a equal footing with other similar types of swap meets. He said staff recommended approval of the request. 11 M NUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder declared the public hearing open and invited testimony in FAVOR of this request. MRS. JUNE STEVENS, Executive Director of the Alumni Association, stated the association believed this was a matter of survival for the Street Fair so that it can compete with existing fairs in Palm Springs and Indio. MR. MORRIS, 72-631 Homestead Road, stated that with the new street fair on Ramon Road being open from 7:00 a.m. to 4:00 p.m., allowing the College of the Desert Street Fair to be open the additional two hours would be advantageous to other merchants in the City of Palm Desert because people would be going towards Palm Desert instead of away from it. Councilman Snyder invited testimony in OPPOSITION to this request. MRS. SONIA CAMPBELL, 73-910 El Paseo, said she was opposed because any change in the hours would need to have an Environmental Impact Report, and this had not been done. She said she also felt the Council was incorrect when on January 23, 1992, it certified the Negative Environmental Impact Report. Mrs. Campbell expressed concern with the number of stores that had gone out of business since the Street Fair opened and said the businesses on El Paseo are in competition with the Street Fair for the same customer hours. MS. MONICA KELLY, 73-990 El Paseo, spoke in opposition. MS. MARLENE PEISAKOFF, 219 Vista Royale Circle, said she understood both sides of the issue but felt what was done at the College could not be compared with what is done on El Paseo because they look to different types of customers. She felt the trouble with the present economy was directly responsible for the El Paseo problems. MR. JOHN MARMAN, 72-750 Somera, spoke in favor and said with close to 40,000 people now in the City, there is a need for different types of shopping, and if the Street Fair vendors leave, we will lose the quality of shopping. MR. PATRICK HARKINS, El Paseo business owner and resident of Palm Desert, said the people who go the Street Fair are the same customers who go to his store, and he felt the hours should remain as they are now. Councilman Snyder declared the public hearing closed. Mr. Diaz disagreed with Mrs. Campbell regarding the Environmental Impact Report (EIR). He said the City had recently approved additional square footage for the Desert Crossing center without reopening the EIR, and an EIR would not be recommended for the additional two hours being requested as part of this Conditional Use Permit. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING - OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated that there was no doubt the Council was concerned about El Paseo and felt it was very important to make sure El Paseo is successful. On the other hand, there were now other street fairs in the Coachella Valley besides the College of the Desert, and he expressed concern with people going directly to those other areas instead of coming to Palm Desert's and perhaps staying for lunch, purchasing gas, etc., which is a benefit to the City. He said the last time the Council considered the Street Fair, he had visited it and interviewed 100 people; over 98 % of them indicated they had come to Palm Desert only because of the Street Fair, and many indicated they would shop at the Palm Desert Town Center or go to a restaurant. Councilmember Benson stated she chaired the committee that originally came up with the hours of operation for the Street Fair, and they tried to strike a balance with everyone in the community. She said the Council tries to do everything it can for the Palm Desert Town Center, El Paseo, etc. because it is committed to all of Palm Desert. The Street Fair merchants have stayed with the City, even with the hours that had been approved. She said she felt it was not just a street fair but a form of recreation to a lot of people, and she would approve the additional hours to encourage the merchants to stay in Palm Desert and not move to another street fair. Councilmember Benson moved to waive further reading and adopt Resolution No. 94-111, upholding the Planning Commission decision and approving a two-hour extension of Saturday operating hours for the College of the Desert Street Fair. Motion was seconded by Kelly and carried by a 3-0-2 vote, with Councilman Crites and Mayor Wilson ABSENT. C. REOUEST FOR CONSIDERATION OF AN APPEAL TO A PLANNING COMMISSION DECISION TO APPROVE A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 20-ACRE MULTI -USE, PAY FOR PLAY RECREATION FACILITY ON THE EAST SIDE OF PORTOLA AVENUE, APPROXIMATELY 800 FEET SOUTH OF FRANK SINATRA, Case No. CUP 93-3 Section 4 (Mrs. Barbara Hasson, Mr. William E. Swank, Sr., Mr. and Mrs. Ed Byk, Appellants). Mayor Wilson declared the public hearing open. He noted that staffs recommendation was to continue this matter to the meeting of November 16th. The reason is that people opposed to the pay for play park have been working with some local residents in the area and are attempting to move the location of the facility in Section 4 to a location that will be on Cook Street close to the proposed Interstate 10 intersection. This new location would be before the Planning Commission on November 15th; at that time, the public would have the opportunity to express support or opposition, and if there is opposition to the new location, the City Council would then consider on November 16th the proposal before it today. The following spoke in OPPOSITION to the pay for play facility because of the location, noise, traffic, lack of parking, destruction of their way of life, etc.: 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. GLORIA VOGEL, 71 Old Ranch Road, The Lakes Country Club, opposed not just the location but also the existence of the facility. She read her letter dated November 15, 1993 (on file and of record in the City Clerk's Office). MS. BEVERLY SHORE, 693 Vista Lago Circle North, Desert Falls Country Club, said she lived in Los Angeles but hoped to be a full-time Palm Desert resident soon. She said she felt Council should consider holding a public hearing on Friday or Saturday evening to allow taxpayers like herself to participate. MR. ED BYK, 57 Birdie Way, asked what would happen to the present proposed location if the Planning Commission were to approve the Cook Street location on November 15th. Mr. Diaz responded that in all probability the applicant would withdraw the request for the Section 4 location; however, that decision would be up to the applicant. He said the hearing on the 15th was a separate Conditional Use Permit hearing, and the Planning Commission action would be final unless appealed to or called up for review. The hearing on the 16th would be the same matter before the Council this evening. DR. VOGEL, 71 Old Ranch Road, expressed concern with the grandstands. Mayor Wilson responded that there are no grandstands, and he urged everyone to look at the proposal and plans before the Council and gather as much accurate information as possible. He said one of the objections that was heard was concern about people from other communities coming into the neighborhoods. The applicant felt that moving the facility to the Interstate 10 location would alleviate that. MR. SMITH CHANCE, 761 Montana Vista Drive, Desert Falls Country Club, stated that Cook Street now ends at Frank Sinatra, which is in his back yard. He asked whther Cook would go all the way to Interstate 10 before this facility is constructed. Mayor Wilson responded that the City was in the process of extending Cook Street to the Interstate. He stated that the proposed location of the park would be at the intersection of Cook Street and Gerald Ford Drive. MS. SHIRLEY TOPLITSKY, 402 Oakmont, Desert Falls Country Club. MR. BOB MARKS, 11 Hermosillo, Silver Sands, expressed concern with parking for special events and said he had heard that such special events would bring 2,400 vehicles and only 300 would be parked on the site. He asked where the rest would be parked and expressed concern that attendees would be parking along the streets and in the neighborhoods. Mr. Diaz responded that some of the information about people attending special events had been gathered by the applicant's consultant. He said the Conditional Use Permit had specific 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * conditions dealing with special events and the permits that would be required. He added that the figure of 5,000 attendees was mentioned in the EIR as a top end figure. Councilmember Benson added that there was no mention in the EIR about parking cars on the roadway. She said that there would be alternate places to park, and the City would not allow parking in the neighborhoods. DR. JOHN DELLAR, resident of Desert Falls Country Club, was opposed to the sports park at either location. MS. LOUISE KERMODE, 38-731 Desert Mirage Drive. MRS. DEBBIE BYK, 57 Birdie Way, submitted petitions in opposition to the sports park in Section 4 (on file and of record in the City Clerk's Office). MR. FRANK DiPASQUALE, 249 Vista Royale Circle East, Desert Falls Country Club, stated that his homeowners association refused to give the City a twelve foot strip of right-of- way easement on the corner of Cook and Frank Sinatra for its project to extend Cook Street to Interstate 10. He said they had submitted a letter to the City's consultant stating they were not going to give the City the easement for the purpose of allowing vehicles to turn right from Cook Street onto Frank Sinatra. He said he would like the Planning Commission to consider the traffic pattern if the facility is to he located on Cook Street and what the lack of that twelve foot easement will do to the traffic going up Cook Street to the Interstate. JUDGE EINBINDER, 549 Desert Falls Drive East, asked whether Council was going to approve staffs recommendation on Public Hearing Item D and continue it for two weeks. Mr. Diaz responded that staff would be making a different recommendation for that item based on meetings that had been held and concerns that had been raised. Judge Einbinder stated that Mr. Diaz had advised the parties at a meeting that it was okay to go forward on the EIR because if there was going to be a challenge to the EIR, you had 30 days to do so. He said that this was something that was made verbally earlier tonight; however, that is not what was in a written communication from Mr. Diaz. He said the letter indicated that unless and until the CUP in regard to the pay for play park is brought before the Council and perhaps approved, that is when the time starts. He said he took issue with that position and that his understanding of the law was that that was directed to an EIR. When a project is within an EIR and you want to oppose it, you oppose it at the time of the approval of the EIR. He said if it was certified, you would then have retained your position and completed your requirement of pursuing your administrative remedies. He said there would be a period of time after that to bring any action against that EIR if it was felt to be necessary, but to say that the park is not a part of the EIR and, therefore, you don't have to worry about it, and then say on the other hand that you don't have to worry about it because the CUP is what you have to concern yourself with, he felt was taking the cart before the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * horse. He said he felt the EIR must be addressed and that he was led to believe that the EIR was going to be continued for at least two weeks. Mr. Erwin responded that if someone were to challenge any sort of determination with regard to the Environmental Impact Report as it relates to a project's specific approval, he believed that the time would run from the date of approval of the project. He said there was authority for the fact that if someone desires to challenge the certification of an EIR without having a project specific approval such that the EIR has not followed the correct procedures, does not correctly address the environmental setting that exists, that time runs from the certification of the EIR. Judge Einbinder said he was challenging the EIR, and it was his understanding that the challenge was to be at the certification hearing. He asked if that was correct. Mr. Erwin responded that it was if that was all that was being challenged, and that would be on the basis that the EIR was not done in accordance with the California Environmental Quality Act. MR. STAN GREENE, 362 Muirfield Drive, Desert Falls Country Club. MR. WILLIAM SWANK expressed concern with elements of the EIR. Councilmember Benson moved to continue this item to the meeting of November 16, 1994. Motion was seconded by Snyder. Councilman Kelly stated he was very much concerned with this project on Portola but would vote in favor of the continuance because there were other people who understood that this would be continued and, therefore, did not attend the meeting and give their input. Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council. WITH COUNCIL CONCURRENCE, MAYOR WILSON CALLED A RECESS AT 8:55 P.M. HE RECONVENED THE MEETING AT 9:05 P.M. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REOUEST FOR CERTIFICATION OF THE SECTION 4 ENVIRONMENTAL IMPACT REPORT FOR 515.5 ACRES BOUNDED BY FRANK SINATRA DRIVE ON THE NORTH, COOK STREET ON THE EAST, COUNTRY CLUB DRIVE ON THE SOUTH, AND PORTOLA AVENUE ON THE WEST (Palm Desert Redevelopment Agency, Applicant). Mr. Diaz stated that while he was satisfied that certification of the EIR would not trigger the challenge period, residents felt there was some confusion, and staff would therefore recommend continuance to the meeting of November 16th. Mayor Wilson declared the public hearing open. DR. DELLAR addressed Council and expressed concern with Councilman Kelly moved to continue this matter to the meeting of November 16, 1994. Motion wa seconded by Snyder and carried by unanimous vote. Mr. Altman stated that from the standpoint of staff, he would encourage the people here at the meeting to get together with staff and the applicant (the Odekirks) some time next week to talk about the entire proposed project, plans for Cook Street, etc. Mayor Wilson suggested that staff conduct a series of meetings with the different neighborhoods; i.e., Desert Falls Country Club, The Lakes, Silver Sands, Palm Desert Greens, etc. to review the proposed project and exchange ideas to see if concerns can be addressed. He asked that representatives from the different areas and homeowners' associations contact the City Manager's Office to set up these meetings. XIX. ORAL COMMUNICATIONS - D None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * s s s * * * * * * * * * XX. ADJOURNMENT Upon motion by Snyder, second by Kelly, and unanimous vote of the Council, Mayor Wilson ajdourned the meeting at 9:15 p.m. to 7:00 p.m. on Wednesday, November 16, 1994. ATTEST: cef e&-/. SHEILA R.�ILL�IGAN, CITY OF PALM DESER Y CLERK , CALIFORNIA S. r WIT SS N, MAYOR 18