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HomeMy WebLinkAbout1994-10-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1994 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tem 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, Agency Secretary Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, .ACM/RDA Executive Director Paul Shillcock, ACM/Director of Economic Development Pat Conlon, Director of Building and Safety Paul Gibson, Director of Finance Wayne Ramsey, Acting Director of Code Compliance Phil Drell, Acting Director of Community Development John Wohlmuth, Assistant to the City Manager Ken Weller, Emergency Services Coordinator Lisa Constande, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTE of the Regular City Council Meeting of October 13, 1994. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 17. Rec: Approve as presented. C. CLAIM AGAINST THE CITY V268) by Pete Xouleis in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D. PRELIMINARY SCHEDULES OF INVESTMENTS as of July 31, August 31, and September 30, 1994. Rec: Receive and file. E. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDa for Intersection Pavement Corrections at Portola Avenue North of Highway 111 (Contract No. C0914Qj. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for intersection grade improvements at Portola Avenue and Highway 111. F. MINUTES of Investment Committee Meeting of September 1, 1994. Rec: Receive and file. G. REQUEST FOR EXTENSION OF CONTRACT for Civic Center Park Lagoon Water Quality Management (Contract No. C05132). Rec: By Minute Motion, authorize a one-year extension of the subject contract with Southwest Aquatics in the amount of $11,280.00 ($940.00 per month). H. REQUEST FOR APPROVAL of Contract No. C09150 with Food In Need of Distribution (F.I.N.D.). Rec: By Minute Motion: 1) Authorize the Mayor to execute an agreement (No. C09150) with Food In Need of Distribution in the amount of $10,000; 2) appropriate $10,000 from the General Fund unobligated reserve to Account 110-4800-454-3884. I. LETTI;.R OF RESIGNATION from Mr. Paul Campbell from the City's Promotion Committee and from the Joslyn Cove Communities Senior Center Board. Rec: Receive with sincere regret. Upon motion by Crites, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction; None For Adoption: A. ORDINANCE NO. 763 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-3 1000 (MULTIFAMILY) TO PC-2 (DISTRICT COMMERCIAL) TO ALLOW CONSTRUCTION OF A 5745 SQUARE FOOT ONE STORY OFFICE BUILDING AND A 2567 SQUARE FOOT TWO STORY OFFICE/RETAIL BUILDING AT 42-575 WASHINGTON STREET, e No. C/Z 94-2 (Drs. Frank and Janet Kerrigan, Applicant). Mr. Altman stated that there had been no changes since introduction of this ordinance, and he recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No.. Motion was seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. PRESENTATION BY DINERS CLUB RELATIVE TO THE "DINERS CLUB MATCHES" GOLF EVENT. With no representative available to make this presentation, Mr. Altman suggested that the matter be continued to the 7:00 p.m. portion of the meeting. Councilman Crites moved to continue this matter to 7:00 p.m. Motion was seconded by Snyder and carried by unanimous vote of the Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * At 7:00 p.m., there was still no representative available, and with Council concurrence, this matter was continued to the meeting of November 10, 1994. B. PRESENTATION BY MS. DIANA BECK OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS RELATIVE TO THE COACHELLA VALLEY HABITAT CONSERVATION PLAN. Ms. Diana Beck noted that approximately a month ago she had sent information to the Councilmembers relative to the Coachella Valley Habitat Conservation Plan and had asked that the information be reviewed and that any comments be submitted to CVAG. She noted that the City Attorney had also been asked to make comments on this. Upon question by Councilman Crites, Ms. Beck stated that following receipt of all comments and direction from the cities, the next step would be to incorporate all the changes and send revised documents to everyone for approval and signing. Upon question by Councilman Kelly, Mr. Erwin responded that he had looked at the documentation and was in the process of preparing written comments because there were things with which he was concerned. He added that it was his intent to have these comments to CVAG by October 31st. With regard to the listing of species, Councilmember Benson asked whether there would be a plan that would set forth a procedure for applying to have something new added to the list. Ms. Beck responded that such provisions would be built into the plan. Ms. Beck asked that any comments from the Council, staff, and City Attorney relative to the draft Memorandum of Understanding and the Interim Project Review Process document be submitted to CVAG as soon as possible. Council concurred. C. REOUEST FOR CONSIDERATION OF ACQUISITION OF TWO SCULPTURES FOR INCLUSION IN THE DESIGN OF THE POP -JET FOUNTAIN. Mr. Altman asked that this item be continued so that the City Attorney can look further into the matter. Mr. Erwin stated that Council had previously considered a proposed contract for the fountain. There was a problem with that contract, and he was still trying to work it out. He asked that the item be continued to the next regular meeting for approval or at least a report from him. Councilman Crites moved to continue this matter to the meeting of November 10, 1994. Motion was seconded by Kelly and carried by unanimous vote. 4 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF REQUEST FROM CVAG TO BE CO -APPLICANT FOR A $500,000 GRANT APPLICATION FROM THE STATE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM ASSOCIATED WITH THE COOK STREET AND MONTEREY INTERCHANGE PROJECTS. Mr. Altman noted the memorandum from Mr. Drell in the packets. Mr. Drell stated that the $5,000 appropriation would include $3,000 for preparation of the grant and $2,000 for administration of the grant if we receive it. He added that the title of the resolution should be amended to reflect both the Cook Street Interchange and the Monterey Avenue Interchange. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 94-112 making application with CVAG to the State Resources Agency and California Transportation Commission for $500,000 in grant funds from the Environmental Enhancement and Mitigation Program, amended to reflect Cook Street/Interstate 10 and Monterey Avenue/Interstate 10 as the projects; and 2) approve appropriation not to exceed $5,000 for grant application costs, of which $3,000 would be for preparation of the grant and $2,000 for administration of the grant if received. Motion was seconded by Kelly and carried by unanimous vote. E. REOUEST FOR APPROVAL OF CONTRACT FOR PROFESSIONAL SERVICES FOR THE FUEL CELL PROGRAM (Contract No. C09160). Mr. Altman noted the report in the packets and offered to answer any questions. Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute an agreement with Maas, Rao, Taylor and Associates for fuel cell technology consulting services in an amount not to exceed $9,500.00 (Contract No. C09160). Motion was seconded by Benson and carried by unanimous vote. F. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets reflecting no complaints for the period October 4 through 17, 1994. 2. Compressed Natural Gas Vehicle Update. Mr. Folkers noted his report and offered to answer questions. Councilman Kelly questioned the status of the manifold, and Mr. Bassler responded that he had just received a call from Sunline today and that the manifold had been received from the manufacturer. He said we should have it in about two weeks. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL Aux,' OCTOBER 27, 1994 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s 3. Report on Low Power Radio. Mr. Weller stated that this is probably best known as a system where you can tune in the radio station on your vehicle and get information .relative to road conditions, traveler/tourist information, etc. He noted that information had been provided in the packets relative to the ALERT AM Central System, and he asked for Council direction. Councilman Crites stated that this was something that the Council had been talking about for approximately the last six years, and the total cost would be approximately $6,000. He said he felt this was something that would be great for the City in terms of advertising the features we have here, and it would be great for the Promotion Committee to be able to talk about things like the Golf Cart Parade and other local events. He also felt the Promotion Committee should be involved in deciding what type of information will be included on the air. With Council concurrence, staff was directed to prepare a report for the Council meeting of November 10, 1994, to include costs for a permanent site and to also include some type of structure to decide what type of information will be included. 4. Report Relative to Emergency 911 System. Mr. Weller reported that the Sheriffs Department was moving rapidly toward getting a dispatch office here at the Palm Desert Station, with the goal of having the office up and running by January 1, 1995. He noted that dispatch had never been the concern with the 911 system and that the real concern was PSAP (Public Safety Answering Point), which would remain in Riverside until we get a 911 number issued by GTE. He said the Riverside Sheriff's Department was now looking to contract with the City of Coachella and taking their license and making it available to the Coachella Valley as the PSAP site. Until that is done, we still have PSAP as the primary answering site for all 911 calls still being handled in Riverside. Upon question by Mayor Wilson, Mr. Weller responded that one of the problems with getting licensed was that GTE basically allows one site per entity, and in this case it would be Riverside County Sheriffs Department. For the Sheriffs Department to have two, it would take legislative action and approval by GTE and the FCC. Mayor Wilson suggested that Councilman Kelly, since he was formerly associated with GTE, get involved with staff to talk to GTE and also to explore the option of transferring the Coachella license. Council concurred. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s XI. CONTINUED BUSINESS A. CONSIDERATION OF REQUEST FROM TARGET IN THE DESERT CROSSING PROJECT FOR APPROVAL OF BANNERS (Continued from the Meetings of September 22 and October 13, 1994). MR. MIKLOS MEHES, Target Owner Site Representative, stated they were asking for approval of a temporary banner, basically a "Target Coming Soon" sign. He said this would be up until the store opens, and then it would change to "Target Now Open" for approximately two weeks, at which time the sign would be taken down. Upon question by Councilmember Benson, Mr. Mehes agreed they were requesting approval of an oversized sign. He added that it would be approximately 8 feet high by 16 feet long and would be mounted in front of the site. He said it was the basic sign that Target puts in front of each of the stores it builds. Councilmember Benson stated she did not feel an oversized sign was necessary and that most people knew Target was coming and would be at this location. Upon question by Councilman Kelly, Mr. Drell responded that the applicant was allowed a 3 foot by 10 foot sign (30 square feet) and was requesting an 8 foot by 16 foot (128 square feet), which was significantly larger than what the ordinance allows. Councilman Crites moved to, by Minute Motion, deny the request for an oversized banner. Motion was seconded by Benson. Mr. Mehes asked whether Council would consider approving a 6 foot by 10 foot sign instead (60 square feet). Upon question by Mayor Wilson, he responded that the sign was to be located on the front of the site, and he showed a site map of the proposed location. Mayor Wilson stated that in view of the size of the site, he could support an increase in the size of the sign. Councilman Crites stated that the intent of such a sign was so that people on the Highway can see what is coming. He said he would agree if the applicant was going to put signage by the building because a 3 by 10 sign would not be large enough; however, this sign would be right on the Highway just as dozens of other people have done. He said the issue was whether people driving by could see there is a Target store coming to that location and what size sign needs to be there. He added that again and again, right or wrong, this Council has said that a 3 by 10 sign is sufficient for visibility to announce the coming of a store. He said the issue has nothing to do with where the building is --it has to do with the visibility of the sign. Councilman Kelly disagreed and said the issue had to do with a lot of potential sales tax for the City, and we want to make sure people know what is going to be there. He said if we 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 s * * * * * * * * * * * * * * * * * * * * * * * $ * * * * * * * * * * * * * can put advertising on bus shelters, we should be able to put signs up telling what store is coming. He said the Council wants to keep people in its commercial areas. He said this would be a temporary sign, and he would be in favor of granting approval for a 6 x 10 foot sign. Councilmember Benson expressed concern that this sign would be just for the Target store, and there will be other merchants, such as T.J. Maxx, coming in and asking for the same thing. She said if this sign was for the center opening and listed all the stores coming in, she felt it would be okay. Councilman Kelly responded that Target was the anchor store, and he did not think this meant that Council would have to give everyone a 6 by 10 foot sign. Councilman Snyder stated that he was interested in seeing that whatever Council does creates business for the City. He agreed that this was a big piece of property but that Target was the anchor store. He was concerned about others coming in and asking for larger signs; however, this was something the Council would have to deal with on a case by case basis. He added that he would go along with approving the 6 by 10 foot sign to let people know that Target is going in that center. Mayor Wilson called for the vote on the motion for denial. Motion was defeated by a vote of 2-3, with Councilmembers Kelly, Snyder, and Wilson voting NO. Councilman Kelly moved to, by Minute Motion, grant approval for a 6' x 10' sign, with the stipulation that the sign be removed within two weeks of the Target Store opening. Motion was seconded by Snyder and carried by a 3-2 vote, with Councilmembers Benson and Crites voting NO. XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY Mr. Erwin noted the following items for Closed Session: Request for Closed Session: 1. Conference with Legal Counsel - Anticipated Litigation pursuant to Section 54956.9 Initiation of Litigation pursuant to Subdivision (c): Number of potential cases: 1 2. Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9 Names of Parties: Craig Stull - workers comp cases Case numbers: SBR 169336 and SBR 0197690 3. Conference with Real Property Negotiator pursuant to Section 54956.8 Property: City of Palm Desert Corporation Yard located at 74-833 Joni Drive Negotiating Parties: Agency: Richard J. Folkers for Property Owner City of Palm Desert C. CITY CLERK 1. Request for Direction Relative to December City Council Meetings. With Council concurrence, staff was directed to keep the regular City Council meeting schedule for December, and if it is found that there is little activity for the December 22nd meeting, it could be cancelled. 2. Rom Relative to the Marketing Subcommittee. Mrs. Gilligan stated that she and Councilmember Benson were serving on the Marketing Subcommittee of the Promotion Committee which was looking at a retail marketing plan for the monies collected from the Street Fair. She said the Committee had come up with a special program and "shopping spree" which would be unveiled at the December Mayor's Breakfast. She and Councilmember Benson showed the shopping spree map which will be distributed throughout the entire Coachella Valley. Councilmember Benson added that these were funds from the Street Fair that would be used to market the City as a whole. She added that the map would include a story and the contest rules on the reverse side. In addition, there would be radio advertisement of the contest, including a very catchy tune. Upon question by Councilman Kelly, she responded that this program would use all but approximately 9 MINUTES REGULAR PALM DESERT CITY COUNCIL bi N.N. i 11EG OCTOBER 27, 1994 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s $5,000 of the money collected so far; however, monies would continue to be collected and would accumulate in this account. Councilman Snyder commended the people who worked on this program, and Councilmember Benson added that the chairman of the El Paseo Business Association Board, Sonia Campbell, was also chairman of this committee. 3. ktpai on 1995 Community Calendar. Councilmember Benson showed the Council the cover for the 1995 Community Calendar, which is scheduled to be completed on time in December. She noted the new slogan "Palm Desert Shines a Little Brighter". D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reaue .for Actign; o City Council Committee Reports: 1. Councilman Kelly reported that he had represented the Council as Palm Desert's voting delegate at the League of California Cities conference. He distributed copies of the summary showing the results of the ballot measures and said he had tried to vote the way he thought the Council would want him to vote. He added that everything went the way the summary showed except that #3 and #15 were both defeated. 2. Councilman Crites stated he was not at the last City Council meeting because he was representing the Coachella Valley Mountains Conservancy in a meeting with other State land conservancies. He said the meeting was very positive and that there were things the conservancies would be doing together. He added that there was enough interest in what was being done here that the next meeting would be held in the Coachella Valley in February. 3. Councilman Crites stated that the California Desert Protection Act had finally passed both houses of Congress. 4. Councilman Snyder stated that he had also attended the League meeting with Councilman Kelly. He said that what was encouraging to him was not only attending the meeting but also being able to talk with other government officials. He stated that in these discussions, he found that Palm Desert is a well known city, and people are talking about us and how things are done in Palm Desert. He commended staff and the Council for all their efforts. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly added that things had really changed over the last ten years and that most of the people he meets these days either have a condominium or second home here or vacation in our area. 5. Councilmember Benson stated she would like to comment on the League resolution encouraging people to vote NO on Proposition 188. She said if this particular proposition passes, it will put us back to square one as far as all of the work that has been done so far by so many cities regarding no smoking ordinances. She asked that the Council follow the lead of the League and encourage the citizens to vote against this proposition. XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn the meeting at 5:30 p.m. to Closed Session to discuss items as noted by 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 XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF CITY OF PALM DESERT REPRESENTATIVE TO THE SENIOR CENTER BOARD TO FILL THE VACANCY CREATED BY THE RESIGNATION OF PAUL CAMPBELL. Councilmember Benson moved to, by Minute Motion, appoint Mr. Frank Laiacona as the City of Palm Desert's representative to the Joslyn Cove Communities Senior Center Board to fill the vacancy created by the resignation of Mr. Paul Campbell. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Mayor Wilson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. PRESENTATION OF PLAQUE OF APPRECIATION TO MS. VALERIE MILLER FOR HER SERVICE ON THE CITY'S ART -IN -PUBLIC -PLACES SUBCOMIvu i i rt FROM DECEMBER 1989 TO SEPTEMBER 1994. No Council action was taken on this presentation as Ms. Miller was not able to attend the meeting. Mrs. Gilligan noted she would contact Ms. Miller to see if she would be available to receive her plaque at the meeting of November 10, 1994. C. PRESENTATION OF PLAOUE OF APPRECIATION TO MR. LOU FEIRING FOR HIS SERVICE ON THE CITY'S PROMOTION COMMI i i r.t FROM OCTOBER 1988 TO SEPTEMBER 1994. No Council action was taken on this presentation as Mr. Feiring was not able to attend the meeting. Mrs. Gilligan noted she would contact Mr. Feiring to see if he would be available to receive her plaque at the meeting of November 10, 1994. D. PRESENTATION OF PLAQUES OF APPRECIATION TO THE FOLLOWING INDIVIDUALS FOR THEIR SERVICE ON THE CITY'S BUILDING BOARD OF APPEALS AND CONDEMNATION: MR. TOM SCOTT - MARCH 1982 TO AUGUST 1994; MR. JOHN MARZICOLA - MAY 1975 TO MAY 1992; MR. AL COOK - MAY 1977 TO JUNE 1988; MR. PAUL WHITE - APRIL 1976 TO SEPTEMBER 1991. No Council action was taken on this presentation as none of these individuals were able to attend the meeting. Mrs. Gilligan noted she would contact them to see if they would be available to receive her plaque at the meeting of November 10, 1994. E. PRESENTATION OF PI,AOU1✓ OF APPRECIATION TO MR. DENNIS ORSBORN FOR HIS SERVICE ON THE CITY'S PARKS AND RECREATION COMMISSION FROM SEPTEMBER 1991 TO AUGUST 1994. No Council action was taken on this presentation as Mr. Orsborn was not able to attend the meeting. Mrs. Gilligan noted she would contact Mr. Orsborn to see if he would be available to receive her plaque at the meeting of November 10, 1994. XVIII. PUBLIC HEARINGS A. PRELIMINARY PIMIC HEARINQ RELATIVE TO THE PROPOSED ASSESSMENT FOR ASSESSMENT DISTRICT NO. 94-2 (SUNTERRACE). Mayor Wilson declared the public hearing open. Mr. Altman noted the report in the packets. Mr. Drell offered to answer any questions. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * s s * * * s s s s s s s s s s s * s s s s s s s s s s s s s s s s s s s Mayor Wilson invited testimony regarding the proposed ac-s ssment for Assessment District No. 94-2. None was offered, and he declared the public hearing clued. Upon question by Council, Mr. Erwin responded that no Council action was requested or necessary for this matter. He added that there would be a second public hearing on November 10, 1994, at which time Council would be asked to take specific action. B. REOUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDMENT OF AN APPROVED DEVELOPMENT AGREEMENT ASSOCIATED WITH THE AHMANSON COMMERCIAL DEVELOPMENT PLAN INCREASING THE ALLOWABLE GROSS LEASABLE AREA FROM 167,000 SQUARE FEET TO 197,000 SQUARE FEET INCLUDING 25% RESTAURANT FOR SITE AREA 5, A 10.3 ACRE PARCEL ON THE SOUTH SIDE OF EL PASEO BETWEEN SAN PABLO AVENUE AND LARKSPUR LANE (Madison Realty/Sunrise Co., Applicant). Mayor Wilson declared the public hearing open and asked for staffs report. Mr. Drell reviewed the staff report, noting that this was an amendment of a previously approved development agreement that led to the development of Town Center Plaza, Desert Crossing, and the dedication of 55 open space acres west of Desert Crossing. The remaining undeveloped sites include the 12 acres at the southwest corner of El Paseo and Highway 111 and the subject site, 10.3 acres on El Paseo (formerly the Sunlodge property). He said what was being requested was amendment to the development agreement as it applies to the El Paseo site for which the entitlement was set at 167,000 square feet to be developed per C-1 zoning standards. The amendment would keep the entitlement at 167,000 but provided for an additional30,000 square feet for a total of 197,000 if Saks Fifth Avenue or a comparable retailer (as determined by the City) is included in the project. With regard to traffic, Mr. Drell stated that the Environmental Impact Report had identified traffic related impacts as the primary effect of the project. The original EIR traffic consultant was directed to repeat the analysis with the increased floor area using the identical methodology employed in the EIR. He said the EIR traffic analysis based on the 4th Edition of Trip Generation published by the Institute of Transportation Engineers (ITE) forecast 10,370 daily trips from the original 167,000 square foot project. Subsequently, ITE revised and refined its forecasts in the 5th Edition based on approximately 100 new shopping center studies. These studies indicated a generally lower traffic generation rate than was previously forecast. While the project floor area would increase 20% from 167,000 square feet to 197,000 square feet, traffic generation as forecast by the 5th Edition would increase only 4% to 10,815 when compared to the EIR analysis. He added that this increase did not change the traffic mitigation recommended by the EIR, and he reviewed those mitigation measures as outlined in the staff report. He offered to answer any questions. Councilman Crites asked that staff provide him with a copy of the rationale used by ITE to substantiate the change in traffic generation. He expressed concern that what this was saying 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * s * * s * * * * * * * * * * * * s * was that the City had been overbuilding its public improvements in streets by 25 % over the last five years. Mr. Drell responded that he would provide Councilman Crites with the requested information. With regard to the 25% restaurant use, he asked whether the center met its parking requirements without the 200 spaces we are putting in. Mr. Drell responded that with the exception of the Kaiser Grill complex, no restaurant on El Paseo meets the parking requirement. Councilman Crites expressed concern with the intersection of Highway 111 and San Pablo going south. He said he felt there was already a problem at this corner, and there will be an abysmal problem if this shopping center works. He also was concerned with the routing of traffic from commercial projects onto residential streets. He said the time to resolve these traffic problems was before something gets built on El Paseo. He said the worst alternative was to get something built and then try to solve the problems. Mayor Wilson invited testimony from the applicant. MR. WILLIAM BONE, Chairman of the Board for Sunrise Company, stated that the Planning Commission had approved this project with a number of conditions, all but two of which were satisfactory to him. With regard to the traffic situation, he said it would be acceptable to them to pay for the improvements on San Pablo north of El Paseo as suggested by staff to the degree they are within the right of way. He said they would be happy to accept a condition that an additional through lane be constructed if it could be done right away. With regard to transferability of rights under the various agreements, he said they would be going ahead and developing the project if approved and would not try to transfer rights to another developer. Mayor Wilson invited testimony in FAVOR of this request. MR. BUD JOHNSON spoke as representative of the Palm Desert Property Owners Association in favor of the project. He said they felt the vacant land had been there for far too long and would like to sec it developed. He said they would do anything they could in order to be of assistance. Mayor Wilson invited testimony in OPPOSITION to this request. KAM HENDERSON, El Paseo Village, expressed neither support nor opposition to the project and asked whether there were plans to construct any type of barrier between the parking lot and El Paseo Village to mitigate the noise. Mr. Drell responded that this was something that would be addressed in the design of the project. He said what had been discussed was a six foot wall along that portion by the parking lot. It would be on the project property between the parking lot and the sidewalk. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He added that there would be other public hearings before the Planning Commission and City Council where those types of issues could be discussed. MR. MIKE KOOPA, 73-484 Shadow Mountain Drive, El Paseo Village, said he was not against any project and that this would make a big impact on his neighborhood. He expressed concern that this project would create 24-hour activity that El Paseo has never had in the past. Mayor Wilson declared the public hearing glocci. Council Comments/Ouestions: )3enson: Said she did not know how traffic would be mitigated to get into and out of the center and did not feel the agreement set all those things in steel. Mr. Drell stated that the developer could at some future time agree to additional conditions, but these set out the basic ground rules and requirements in that these traffic improvements are the result of the general generation of trips from the site. He said it was known that the accesses would be on Larkspur and San Pablo, and traffic would have to cross El Paseo to get there; therefore, one of the functions of this agreement is to give the developer certainty as to what will be the major requirements of a development on that site. Snyder: Agreed there would be traffic but said mitigation measures at this moment had been created to the extent possible. He agreed with Councilman Crites that we have problems there, but the City's responsibility was to correct them and not allow the situation to get any worse. He said his problem was that we have agreed to certain mitigation factors, and it may be that we need to put some criteria in the program that when and if other problems arise, there will have to be a joint effort to correct them since we are not certain what exactly will happen as far as additional traffic, etc. Kelly: Said he still felt something needed to be done with Highway 111/San Pablo northbound but was less concerned with San Pablo and El Paseo because basically that is where the traffic is generated from. He said the City needed to figure out some way to help the northbound traffic where there are only two lanes, one that goes straight ahead and right, and the other that is a left turn lane. Crites: Said there was no decent intersection on El Paseo where you can easily get back onto Highway 111 except all the way to Highway 74 or down to Portola Avenue. He agreed that San Pablo was the center of all of this and needed to be fixed, not just with the City's money but with everyone's money. Kelly: Said he basically agreed that we want to see something happen there. He said he appreciated the concern of the residents and would be looking to keep traffic down towards El Paseo and away from the residential area, and he was sure the developer felt the same way. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Crites: Felt important issue relative to traffic is to make sure we have a complete set of lanes on San Pablo and El Paseo — a through lane as well as a left turn lane and a right turn lane. He said it was important to facilitate the movement of traffic through that intersection. He added that he felt when staff is looking at modifying the left turn pockets at Larkspur/E1 Paseo and El Paseo/San Pablo, whatever modifications are done should include extra long pockets for those left turn lanes. Wilson: Asked for staffs response to the developer's offer to agree to improvements on San Pablo within the right of way. Mr. Folkers stated that staff had been looking at that area for quite some time, and there are problems there. He said the intersection of San Pablo/Highway 111 was scheduled for 1998 or 1999 as part of the Measure A program; however, there are some things that could be done on the southwest corner. He said that he was sure something satisfactory could be agreed upon by working together with the developer. He said the issue on El Paseo/San Pablo was something that needed to be looked at some more and that there should really be five lanes there. Crites: Asked whether the developer was "on the hook" for participating in funding the improvements on the south side of Highway 111/San Pablo, i.e., right turn lane, etc. Mr. Drell responded that the developer was on the hook for the improvements on El Paseo but not Highway 111. He said that the further away you get in terms of offsite improvements, the harder it is to assign those improvements to the developer. He added that as it is now described, the developer was not responsible for improvements at Highway 111. Kelly: Asked if Council could approve this contingent upon satisfactory agreement relative to improvements to Highway 111. Mr. Erwin noted that staffs recommendation included an ordinance. Since ordinances take two readings for adoption, he suggested that perhaps between the first and second readings, staff and the developer could sit down and work out something within the right of way and bring it back to the Council for ratification at the next meeting. Mr. Bone commented that in addition to improvements they were agreeing to make, they were contributing $300,000 in TUMF fees which would be used to mitigate things not immediately contiguous to the site. He said they wanted to make the traffic work and that their concern was with condemning property to do that. He said they would be happy to pay for improvements north of El Paseo within the right of way and that they would work with staff between first and second readings of the ordinance to come up with an acceptable agreement to bring back to the Council. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1994 * s$ s * * s* * * * * * * * * s$ * s s * * * *** * s * * * * * * * s s Councilman Snyder moved to: 1) Waive further reading and pass Ordinance No. 24 to second reading, approving a Negative Declaration of Environmental Impact and Amended and Restated Development Agreement for the commercial development on the south side of El Paseo between San Pablo and Larkspur Lane; 2) direct staff to meet with the developer to come to an agreement relative to improvements to be made on streets to the north of the project. Motion was seconded by Benson and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Benson, and unanimous vote of the Council, Mayor Wilson adjourned the meeting at 8:25 p.m. ATTEST: i _ SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA S, AO? WILSO , MAYOR 17