Loading...
HomeMy WebLinkAbout1995-04-27MINUIFS REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:10 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk 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 S. Gibson, Director of Finance Wayne Ramsey, Director of Code Compliance III. ORAL COMMUNICATIONS - A MR. JIM BROCKMAN, 75-930 Osage Trail, Indian Wells, representative of Western Waste, addressed Council and noted that his organization felt the difference of opinion was between the Palm Desert Water & Services District and the City of Palm Desert. Western Waste felt the homeowners should not be held up by that and had decided to put its homeowners' recycling program into action. He said this week was the second pickup, and there was quite a bit of participation on the part of the homeowners. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * « * * * * MS. ELLEN SANDERS spoke as Director of the Fruitfly Action Cooperative Task Force (FACT), a group of farmers throughout the Valley attempting to keep these flies out of this area. She gave a brief history of how the group got started and distributed information to the City Council. On behalf of the City Council, Mayor Crites commended Ms. Sanders and FACT for doing exactly what should be done by being proactive instead of reactive. MR. CHUCK CERVELLO, 44-616 Buckingham, Indio, representing Western Waste, noted that an item on the February 23rd City Council Agenda was the waste hauling contract for the City. Several companies in the audience asked for an opportunity to submit bids for this service. He said he understood that Councilmember Benson had expressed a desire to see a competitive bid from Western Waste included in the review. He also understood that staff was directed to prepare a position paper, and Western Waste was waiting for the opportunity to present their proposal to the City to be included in that position paper. He reiterated Western Waste's willingness to present a fully -automated collection system, fully -automated residential green waste system now instead of six months to two years in the future, and full AB939 indemnification. He said they had begun preparing a proposal following the February 23rd meeting and had not as yet received an answer to their letter to the City regarding this. He added that their concern was that the City not do something this important without getting competitive bids and obtaining the best service for the best price. IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of March 23 and April 13, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 41, 41A, 42, and 43. Rec: Approve as presented. C. PRELIMINARY SCHEDULE OF INVESTMENTS as of March 31, 1995. Rec: Receive and file. D. RESOLUTION NO. 95-30 - 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 (March 1995). Rec: Waive further reading and adopt. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. MINUTES of the Palm Desert Police Advisory Committee Meeting of March 8, 1995. Rec: Receive and file. F. MINUTES of Finance Committee Meetings of January 5 and February 2, 1995. Rec: Receive and file. G. MINUTES of Economic Development Advisory Committee Meetings of November 15, 1994, November 29, 1994, February 16, 1995, and March 7, 1995. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fresh Choice, Inc. , 72-363A Highway 111, Palm Desert. Rec: Receive and file. I. REQUEST FOR RELEASE OF IMPROVEMENT SECURITY for Tract 24984-1 (Sunlite Developments, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. J. LETTER from City of Rosemead Urging Reform of the Voting Laws in the State of California to Address the Impact of Voter Fraud. Rec: Refer to the City Attorney for report and recommendation. K. REQUEST FOR APPROVAL of State -Local Transportation Partnership Program (SLTPP) Supplement No. 4 to Master Agreement 08-5414. Rec: By Minute Motion, approve and execute Program Supplement No. 4 to SLTPP Master Agreement 08-5414 for the State share of the Cook Street Extension in the amount of $209,101. L. CLAIM AGAINST THE CITY (#281) by Ron Odekirk in the Approximate Amount of $33,000.00. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr r.inNTG APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REQUEST FOR AWARD OF CONTRACT for Monterey Avenue and Fred Waring Drive Storm Drain (Contract No. C09840). Rec: by Minute Motion, award the subject contract to ARB, Inc. in an amount not to exceed $5,927.00. N. REOUEST FOR APPROVAL of Deep Canyon Road Storm Drain Design from Whitewater Storm Channel to Alessandro Drive (Phase II), Contract No. C09850). Rec: By Minute Motion: 1) Approve engineering design p„.,r.,�el from NBS Lowry for the storm drain facilities at the subject location; 2) appropriate $52,165.00, plus a ten percent contingency of $5,216.50, for a total of $57,381.51 from Public Works Professional Services Account No. 110-4300-413-3010. O. REOUEST FOR APPROVAL of Change Order Nos. 2 and 3 to Contract No. C07440 for Highway 111 and Portola Avenue Traffic Signal Modifications and Street Improvements. Rec: By Minute Motion: 1) Approve Change Order No. 2 to Contract No. C07440 in the amount of $29,437.63; 2) approve Change Order No. 3 to Contract No. C07440 in the amount of $14,482.40; 3) authorize the transfer of $18,864.12 from contingency to base; 4) appropriate $25,055.91 from Measure A funds to Project Account No. 213-4362-433-4001. P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C07440 - Highway 111 and Portola Avenue Traffic Signal Modifications and Street Improvements. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject contract. Mr. Erwin asked that Item L be removed from the Consent Calendar and continued for two weeks. Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Item L of the Consent Calendar was continued to the meeting of -May- 11, 1995, and the remainder of the Consent Calendar was approved as presented. V. RESOLUTIONS None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr.� i u v'G APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. ORDINANCES For Introduction: A. ORDINANCE NO. 775 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAFFER 2.26 TO TITLE 2 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE ECONOMIC DEVELOPMENT ADVISORY COMMi i i rc (Continued from the Meeting of March 23, 1995). Mr. Altman noted the memorandum in the packets from Mr. Ortega outlining the ordinance. Upon question by Councilman Kelly, Mayor Crites responded that an additional question that would be asked of the Committee was whether or not to add a category of restaurant. Councilmember Benson expressed concern with staff of the executive committee and said she would like to know the rationale for selecting those members and suggested that the EDAC look at membership of the executive committee being the chairperson and two voting members and delete the wording "selected by the chair". Councilman Kelly said he had a similar concern. Mayor Crites said he would like to see some more detailed justification for the change from the desirability of having people from each of the different categories to making that an absolute requirement. He suggested that staff look at other committees to see how those members are selected, whether it is a requirement or a desire to have membership from each category. With regard to the executive committee, he said he did not see a reason to have one at all. Councilman Snyder moved to continue this matter to the meeting of May 11, 1995, and request that the Economic Development Advisory Committee consider several items, including the addition of a restaurant category for membership, justification for changing the bylaws to make it a requirement instead of a desire to have members from each category, and the rationale for having the Executive Committee - members selected by the Chair of the EDAC. Motion was- seconded by Spiegel. Councilman Spiegel noted that at its last meeting, the EDAC decided to hold future meetings the third Thursday of each month; therefore, it will not be meeting before the City Council meeting of May 11, 1995. He suggested that this matter be continued to the meeting of May 25, 1995. Councilman Snyder agreed to amend his motion to continue this matter to the meeting of May 25, 1995. Councilman Spiegel agreed to amend his second. Motion carried by unanimous vote of the Council. 5 MINUTES \ . REGULAR PALM DESERT CITY COUNCIL IVir..zimiG APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 777 - AN ORDINANCE OF THE CTf Y COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (42nd Avenue Between Washington Street and One-half Mile West of Oasis Club Drive). Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Spiegel moved to waive further reading and pass Ordinance No. m to second reading. Motion was seconded by Snyder and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 776 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.16 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO INVESTMENT COM11u i i rc. Mr. Altman noted that there had been no changes since introduction of this ordinance, and he recommended adoption. Councilmember Benson asked whether the ordinance could be modified to make it a maximum of four citizens from the community so the ordinance does not have to be changed if more than two citizens are to be appointed to the committee. Mr. Erwin responded that the ordinance could be changed to read "up to a maximum of four (4) citizens". Councilmember Benson moved to waive further reading and adopt Ordinance No. 71as amended to reflect a maximum of four (4) citizens from the community to be appointed by the Mayor. Motion was seconded by Spiegel and carried by unanimous vote. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. PRESENTATION BY PALM SPRINGS DESERT RESORTS AIRLINE SERVICE COMM' i i r= RELATIVE TO ACTIVITIES, ACCOMPLISHMENTS, AND FUTURE PROGRAMS. Mr. Edward G. Barth, Director of the Palm Springs Desert Resorts Airline Service Committee, addressed Council and explained the activities, accomplishments, and future programs of this committee. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 1995 * * s * * s* * * * * s* s * s * s * * * * * * s s s s * * * * * s**** Councilmember Benson stated she felt the consistency of the success with the Airline Task Force was perseverance through bad times and good times. On behalf of the entire Council, Mayor Crites thanked Mr. Barth for providing this information to the City. No Council action necessary or taken on this item. B. CONSIDERATION OF AN APPEAL OF A DECISION BY THE PALM DESERT ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST BY PAYLESS SHOE SOURCE FOR USE OF ORANGE, YELLOW, AND BLACK TRADEMARK SIGN COLORS (Federal Sign for Payless Shoe Source, Appellant), Case No. 4464SA. Mr. Drell, Senior Planner, reviewed the staff report, noting that the sign program for the Desert Crossing center included red, green, blue, and white. The Payless Shoe Source sign complied with the sign program in all areas except the colors (yellow and orange). He noted that to date there had been no deviation to the sign program, and staff recommended that Council affirm the Architectural Review Commission denial and uphold the sign program. He added that Payless Shoe Source felt their name and colors were part of the trademark and were therefore protected by law. He noted the photographs he had distributed and said there was a change in that the color black would not be used. MR. DENNIS STOUT, 871 N. Maplewood, Orange, California 92667, spoke as a representative of Payless Shoe Source. He noted that his company was owned by May Company and that there were approximately 5,000 stores throughout the United States. He said it was important for them to maintain consistency in the corporate logo, and they were made aware that there is legal protection for trademarks, including colors. He noted their legal counsel had made this information available to the City Attorney. Councilmember Benson stated that to her, a logo was a design. Mr. Stout responded that a name could also be a registered trademark; i.e., Coca Cola and Baskin Robbins. He said it was not limited -to just a design. Councilman Spiegel stated that his personal feeling was that the spectrum available to other tenants at Desert Crossing was satisfactory and that the City should stay with that. Councilmen Kelly and Snyder agreed. Councilmember Benson agreed and said she felt the Council should uphold the colors previously agreed upon. Councilmember Benson moved to, by Minute Motion, affirm the Architectural Review Commission denial and uphold the sign program. Motion was seconded by Spiegel and carried by unanimous vote. 7 MINUIIN REGULAR PALM DESERT CITY COUNCIL Mr r, i APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF FUTURE USE OF PORTOLA LIBRARY BUILDING (Continued from the Meeting of March 23, 1995). Mr. Diaz said staff had a tentative list of people to send letters to and asked that this be continued to the next meeting. Councilman Snyder moved to continue this matter to a date uncertain. Motion was seconded by Benson and carried by unanimous vote. X. OLD BUSINESS A. REQUEST FOR AWARD OF CONSTRUCTION CONTRACT FOR COOK sixr i EXTENSION: PARTIAL INTERCHANGE RAMP, WHITEWATER STORM DRAIN CHANNEL SOIL REMOVAL, TRANSPORT, AND DEPOSITION (Contract No. C09560). Mr. Folkers noted that bids had been opened on April 24th, with Cash Contractors as the low bidder. He said there was a concern raised that the bid submitted by Cash did not have all the spaces filled in; however, the City Attorney reviewed this and advised that the bid was acceptable as submitted. He said staff recommended that the contract be awarded to Cash Grading Contractors. Councilman Spiegel moved to, by Minute Motion, award the contract to Cash Grading Contractors of Ontario, California, in the amount of $599,900.00 plus a contingency of ten percent for the subject contract. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR APPROVAL OF VARIOUS ACTIONS WITH REGARD TO PROPOSED ASSESSMENT DISTRICT NO. 94-3 (MERANO). Mr. Diaz noted the resolutions in the packets and recommended adoption. He added that Mr. Ken Crawford and Mr. Kurt DeCrinnis were available to answer any questions. He said Stone and Youngberg had been selected to -be the underwriting firm. Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 95-31 approving and authorizing execution and delivery of Assessment District Acquisition Agreement (Contract No. C09860) and Agreement for Acquisition, Conveyance, and Operation of Water and Sanitary Sewer Improvements (Contract No. C09870); 2) waive further reading and adopt Resolution No. 95-32 authorizing the issuance of the limited obligation improvement bonds, approving a Fiscal Agent Agreement (Contract No. C09880), an Official Statement, and a Bond Purchase Agreement (Contract No. C09890), authorizing the City Manager and Director of Finance to set the final terms for the sale of the bonds, authorizing the payment of costs of issuing the bonds, and making certain determinations relating thereto. Motion was seconded by Spiegel and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 1995 * * s s * * * s s s* s * s* s * * * * * * * * s** s * s* s s* s* s s XI. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Right-of-Wav for Cook Street InterchanE a and URdate Relative to meads and Bridges Assessment District Mr. Erwin asked that this be added to the Agenda as an item which came up after the Agenda was posted. Councilman Kelly moved to add this item to the Agenda. Motion was seconded by Spiegel and carried by unanimous vote. Mr. Folkers stated that agreement had been reached with Ivey Ranch for both right-of- way and rights of construction access. He said staffs recommendation was that, by Minute Motion, the Mayor be authorized to sign the appropriate documents so that staff can proceed to finalize that agreement. He said this was the first of five parcels to be acquired, four on the north side involving various developments and the fifth parcel with the Southern Pacific Railroad Company. He said agreement had been reached with two of the r . ties, and staff was working very diligently with two major r..,r...ty owners, Mr. Hahn and TMP, and ....rwithin the next month to be able to come to Council with request for approval to proceed with acquiring their rights -of -way. Councilman Kelly moved to, by Minute Motion, approve the agreements and authorize the acquisition and accept the deed at a cost of approximately $2,700.00. Motion was seconded by Spiegel and carried by unanimous vote. With regard to the Cook Street Interchange, Mr. Folkers stated that the City had been acting as lead agency for both this interchange and for Monterey Avenue to work with the developer and his contractor with regard to the 500,000 cubic yards of dirt located in Rancho Mirage by Home Depot. He noted that at the CVAG Executive Committee meeting there was discussion relative -to accelerating the Monterey project to catch up with the Cook Street project. He said staff was currently wrapping up the Varner Road realignment project with the intent to go out in early May to advertise that project. This would be the second phase of three phases for the interchange, and the interchange itself would hopefully bid in August at the latest. He noted that the County of Riverside was moving rapidly to remove impediments to the design and right-of-way acquisition so they can catch up with us; however, he said it was apparent that the County would not be able to have its package ready to go at the same time as the City. He said there had been considerable discussion as to who should be the lead agency, and approximately three and half hours had been spent earlier that day with representatives of the County. The County of Riverside had the capability to act as overseer for both the awarding of the project and supervision of 9 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the construction manager. However, there were some concerns on the part of City staff and CVAG because it appears periodically that there are glitches in the process. He said City staff would reluctantly recommend that the County act as the lead agency on this. He stated that City staff was quite stretched at this time. He said it was difficult to oversee projects of this magnitude with the staffing we have and the programs going on now. However, if the Council felt staff should be the prime movers and have control of the project management and awarding of the contract, staff would do its best to put the package together and get it out in a timely fashion. He offered to answer any questions. Councilman Kelly stated he felt that if something were to go wrong, he would want to talk to Mr. Folkers. He agreed with staffs feeling of concern about the County and said he would have the same concern. He would want to see that the City remain responsible for Cook Street to make sure it goes in right. He said he would prefer that the City continue to be the lead agency on the Cook Street project. Mr. Folkers stated that staff was talking about both the Cook Street and the Monterey Interchanges together and had been advised of the possible savings of 1O% on the entire thing if done together. The total cost of the two would be approximately $44 million, and 10% would be a large savings. Councilmember Benson expressed concern with other projects getting behind if staff is already stretched and the City of Palm Desert is lead agency on this project. Mr. Altman noted that staff would be providing a five-year capital improvement project list for the Council in the near future. Councilman Kelly stated that if Public Works staff was willing to do this with the City of Palm Desert as lead agency, he felt Council should do whatever it can to give staff the resources. Mayor Crites stated that if any member of the Council was opposed to considering the City of Palm Desert as lead agency, now was the time to speak against it. No opposition was voiced. Mr. Folkers said the course of action he intended to take was to let CVAG, the County, and Bechtel know that based on discussions at this Council meeting, it was staffs feeling that the Council would not support the County of Riverside being the lead agency for the construction management and construction of both interchanges. Councilman Spiegel noted that the letter should indicated why the Council would not support this, and Mr. Altman added that a letter would be drafted and routed to the Council for editing prior to mailing. 10 MINUT - REGULAR PALM DESERT CITY COUNCIL 111.r r, i APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * • * * * * * * * * * * * • Councilman Kelly noted that the Cook Street Interchange was being funded by the County, the City of Palm Desert, and the City of Indian Wells, and he asked how much Indian Wells was contributing. Mr. Folkers responded that Indian Wells' contribution was $360,000. B. CITY ATTORNEY Bequest for Closed Session: Public Employee Performance Evaluation pursuant to Section 54957 Title of Position: City Manager Mr. Erwin asked that the following items also be added to the Agenda for discussion in Closed Session: 1) Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9(a): Names of Parties: City of Palm Desert v. Louis Somera Case or Claim Numbers: Riverside County Superior Court, Case No. 76264 2) Conference with Legal Counsel - Anticipated Litigation pursuant to Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 1 Councilman Spiegel moved to add these two cases to the Agenda for discussion in Closed Session. Motion was seconded by Kelly and carried by unanimous vote. C. CITY CLERK None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. CONSIDERATION OF REOUEST from City of Palm Springs Relative to Support of the Passage of Senate Bill 1123 Requiring Electric Companies to Provide Transmission Service on Terms and Rates Comparable to those that are Involved in the Electric Corporation's Use of its Transmission System for its own Sales or Transmission of Electricity to a Non -Regulated Power Producer (Mayor Buford A. Crites). Councilmember Spiegel moved to, by Minute Motion, approve the City of Palm Springs request for support of the pacsge of Senate Bill 1123. Motion was seconded by Benson and carried by unanimous vote. 2. Big. BrotherBig Sister Program Councilman Kelly moved to add this item to the Agenda. Motion was seconded by Benson and carried by unanimous vote. Councilman Kelly noted the information distributed to Council relative to development of a Big Brother/Big Sister Program in the Coachella Valley. He stated that the valley -wide community luncheon was scheduled for Monday, May 1, 1995, thus the reason for adding the matter to this Agenda. He said he felt this was something good for the community and asked that the Mayor be directed to prepare a Letter of Commitment. Councilman Kelly moved to, by Minute Motion, direct the Mayor to write a Letter of Commitment for this program. Motion was seconded by Benson and carried by unanimous vote of the Council. Councilmember Benson noted that she would be attending this luncheon to represent the City of Palm Desert. o City Council Committee Reports: 1. Rcmrt on the Impact of the Withdrawal of the City of Indian Wells from the Coachella Valley Regional Airport Authority (Mayor Pro-Tem Walter H. Snyder). Councilman Spiegel noted that he had asked that this matter be placed on the Agenda. Since that time, he had received the information he was requesting, and this report was no longer necessary. No Council action necessary or taken on this item. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Councilmember Benson asked when a report would be coming from staff relative to the Waste Management/Western Waste issue and what is going on with that. Mr. Erwin responded that staff anticipated having something ready for the next meeting. Ms. Constande stated it would not be possible to have a contract at the next meeting but that there would be enough information for Council to make a decision. 3. Councilman Spiegel noted that approximately 40 school students would be visiting with the Council for dinner this evening and that they were winners of the 1995 Student Art & Essay Contest. 4. Mayor Crites stated he had a copy of the Palm Springs ordinance relative to promoting local business enterprise. He said he would like to pass this on to the City Attorney to look at the legal issues and also to the City Manager to see whether Palm Desert should do this. XII. ORAL COMMUNICATIONS - B None With Council concurrence, Mayor Crites recessed the meeting at 5:25 p.m. for dinner. He reconvened the meeting at 7:00 p.m. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - C None 13 MINUTES REGULAR PALM DESERT CITY COUNCIL 11LC irom7 APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF AWARDS TO WINNERS OF THE 1995 STUDENT ART & ESSAY CONTEST. Mayor Crites, Contest Chairperson Sharon Spiegel, and Civic Arts Committee Chairman Janet Brody presented awards to the following: Best of Show - Essay - Sharon Lloyd, Grade 4, Abraham Lincoln School. Best of Show - Individual Art - Chris Garland, Grade 10, Palm Desert High School. Best of Show - Group_Mural - Mrs. Watson's 3rd Grade Class, Abraham Lincoln School. 1995 Perpetual Award - Principal Carole Horlock, Washington Charter School. Mayor's Special Awards - Group Art - Mrs. Deatrick's 4th Grade Class, Washington Charter School; Mrs. Killebrew's 7th Grade Class, Palm Desert Middle School. Mayor's Special Award - Individual Art - Oscar Armijo, Grade 5, Washington Charter School. J. Alvin O. Mark Art Award - Rosa Lee, Grade 3, Washington Charter School. Paula N. Kroonen Essay Award - Ross D. Stout, Grade 5, Washington Charter School. Mural Category - Group Entries - Ms. Kolls, Ms. Moms, Ms. Marks, and Ms. Familetti, Grade K, Washington Charter School; Ms. Lerner, Grade 1, Abraham Lincoln School; Ms. Ewing, Grade 2, Abraham Lincoln School; Ms. Granik, Grade 3, Washington Charter School; Ms. Cleland, Grade 4, Washington Charter School; Ms. Biller, Grade 7, Palm Desert Middle School; Ms. Foster, Grade 8, Palm Desert Middle School. Special Mention - Group Essay Entries - Ms-McKay's Kindergarten Class, Abraham Lincoln School; Ms. Hood's Kindergarten Class, Sacred Heart School. Art Category - Individual Entries - Rikki Aiton, Grade 1, Abraham Lincoln School; Gavin Grum, Grade 1, Abraham Lincoln School; Crysta Reed, Grade 3, Abraham Lincoln School; Amanda Yeager Rojas, Grade 4, Washington Charter School; Lisa Rosen, Grade 5, Abraham Lincoln School; Paul Heredia, Grade 6, Palm Desert Middle School; Colleen Beck, Grade 7, Palm Desert Middle School; Julie Bordowitz, Grade 8, Palm Desert Middle School; Alexis Christopher Ipsan, Grade 9, Palm Desert High School; July Detrich, Grade 10, Palm Desert High School; Steve Horner, Grade 11, Palm Desert High School; Kara Kelly, Grade 12, Palm Desert High School. 14 rmv[rrES REGULAR PALM DESERT CITY COUNCIL 111r rdi Lou APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Essay gory - Individual Entries - Heather Enos, Grade 1, Abraham Lincoln School; Shane Fuller, Grade 2, Washington Charter School; Molly McIntosh, Grade 3, Washington Charter School; Nicholas Rondeau, Grade 4, Washington Charter School; Jenna Meister, Grade 5, Washington Charter School; Michael Wiener, Grade 6, Palm Desert Middle School; Kimberly Schaefer, Grade 8, Sacred Heart School; Nirav Patel, Grade 10, Palm Desert High School. Closing remarks were made by Mayor Pro-Tem Walter H. Snyder, and he thanked the Civic Arts Committee members and the Art and Essay Contest Subcommittee members for all their hard work. B. APPOINTMENT TO ECONOMIC DEVELOPMENT ADVISORY COMM.'i i r.r. Councilman Spiegel moved to, by Minute Motion, appoint Mr. Charles Tatum to the Economic Development Advisory Committee. Motion was seconded by Kelly and carried by unanimous vote. C. PRESENTATION TO PALM DESERT KNIGHTS HOCKEY TEAM. On behalf of the entire Palm Desert City Council and staff, Mayor Crites presented a plaque of commendation to The Palm Desert Knights, 1995 champions of the "C" Division of the Southern California Amateur Hockey Association and 1995 Champions of the Bay Harbor Spring Holiday Hockey Tournament. With Council concurrence, Mayor Crites recessed the meeting at 8:05 p.m. and reconvened at 8:20 p. m. XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF STREET VACATION: A) WHITEHAWK HOMES SUBDIVISION; B) LATISHA LANE NORTH OF DELAWARE; 3) LATISHA LANE BETWEEN ROBIN LANE AND MOUNTAIN VIEW. Mr. Folkers reviewed the staff report and recommendation. He offered to answer any questions. Mayor Crites declared the public hearing gin and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. He declared the public hearing gl. Councilman Spiegel moved to waive further reading and adopt Resolution Nos. 95-33, 95-34, and 95-35 vacating certain public rights -of -way subject to retention of any and all utility easements and other easements of record. Motion was seconded by Kelly and carried by unanimous vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL r r, i ii iG APRIL 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT AND CHANGE OF ZONE FROM PLANNED RESIDENTIAL AND RESORT COMMERCIAL TO DISTRICT COMMERCIAL (PC-2) AND APPROVAL OF A PRECISE PLAN OF DESIGN TO PERMIT CONSTRUCTION OF AN 81,747 SQUARE FOOT RETAIL SHOPPING ur n Ira( ON 8.7 ACRES AT THE NORTHEAST CORNER OF DEEP CANYON ROAD AND HIGHWAY 111, Case Nos. GPA94-2. Ca 94-3. PP 94-7 (F & M Associates, Applicant). Mr. Diaz reviewed the staff report. He noted the letter dated April 10, 1995, from Phyllis Kuxhaus, owner of adjacent r..,r :.. VV, requesting a temporary curb cut into her r off of Highway 111, and he said staff would not recommend approving this request. He said he had seen several conditions that the Hidden Palms Homeowners Association was proposing to clarify some concerns. These conditions were listed in a letter dated March 20, 1995, from Wayne E. Barlow, and he did not have a problem with those conditions and would recommended they be implemented. He noted concern raised by the Economic Development Advisory Committee (EDAC) relative to doing something as quickly as possible to assure that the existing Lucky Market not be left an empty store for a lengthy period of time. He said staff's recommendation was that Council adopt the resolution approving the General Plan Amendment, pass the ordinance to second reading approving the change of zone, and adopt the resolution approving the precise plan, subject to conditions that would be added during the public hearing. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. RICHARD FRANDSEN, developer of the property, addressed Council and said they had attempted to mitigate all concerns of all neighbors. With regard to the EDAC concerns relative to the existing Lucky Store, he submitted a letter dated April 26, 1995, from Mr. Chris Huss, Vice President of Real Estate for American Stores Properties, Inc. (attached hereto and made a part hereof as Exhibit "A"), expressing their desire to relocate the San Pablo Lucky Store to this new site and indicating they would do everything in their power to market the San Pablo property to another retail user. MR. CHRIS HUSS reviewed his letter, noting that American Stores Properties, Inc. also owned Sav-On Drugs and perhaps could move that store into the existing Lucky Store. In addition, they had a New Concepts store being opened in Northern California; they would be bringing it down to Southern California, and he said the characteristics of the Lucky Store site lend itself to this type of operation. He felt the site was very marketable because of its location and reasonable rent factor. He said they would make every effort to sublease this store and make sure it is not dark. He added that once approved, it would probably be at least two years before they would open the new store or consider closing the old store, and they would have those two years to market the old site. He hoped they would not have to market the site and that they would be able to use it internally. With regard to the new site, he said it would give them the opportunity to relocate a modern store. The existing store was 16 MINUTES REGULAR PALM DESERT CITY COUNCIL lei r• r" i uiG APRIL 27, 1995 * * s s * * * * s s * * s s * * * s * s s s s s s s s s * s s s s * s* s s 24,000 square feet, it was an outmoded store, and it was one which they would not put a lot of money in because it did not have a lot of future to it. He said it was not a profitable store in the sense of what they for their return because they could not merchandise it the way they do their modern stores. He assured the Council that he would work with the City and whoever the City wanted them to work with, if they do not utilize the building themselves, in trying to market the old site. Upon question by Councilman Spiegel, Mr. Huss responded that the current lease was relatively short; however, he believed they had three five-year options. With regard to the adjacent ...t, owner requesting access, he said if the Council were to require that they provide this access, they would ask that the Council also impose a condition that they negotiate some restrictive covenants on that lot. He said they would not want some type of use in there that would be not acceptable to a neighborhood shopping center and something that would be developed consistent with what they were proposing to develop. He added that the store they were proposing to develop was over S 1 million more for the cost of the store and that it would be the most beautiful, state-of-the-art, store they had in Southern California. MR. HAROLD HOPP, President of the Hidden Palms Homeowners Association, said he had discussed with staff the undergrounding of utilities along Deep Canyon between Highway 111 and Fred Waring Drive. He said his understanding was that those should be in by the end of the month. He said it was also his understanding that the City would be seeking r.,.r.:.wJs to close off the frontage roads north of Highway 111 on Deep Canyon. Mr. Folkers responded that this was part of a project the City was working on. The frontage road from Smokey's would be cul-de-sacced or turned and brought to Alessandro. He added that it would not come out on the intersection because of problems that it would cause. Mr. Hopp noted that some members of the Homeowners Association supported the project while others opposed it. Concerns were primarily increased traffic on Deep Canyon and Fred Waring and that there had not been enough study on the amount of traffic the project would cause. He said he personally felt this was an excellent project with the conditions agreed to by the developer. He submitted proposed changes to conditions as stated in the letter from Wayne Barlow dated March 20, 1995 (attached hereto and made a part hereof as Exhibit "B") and said the developer had agreed that all of these conditions be put into some form of recordable form so that in the unlikely event they are violated, they would be able to be enforced. Mayor Crites stated that if the Homeowners Association wants the conditions to be enforced, they should be part of the restrictions. Mr. Hopp stated that what he was talking about was a second layer of protection that would allow a property owner to seek to enforce those conditions himself or herself in addition to whatever enforcement efforts the City might undertake. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr e,iL'iG APRIL 27, 1995 - * * * * * * * * * * * * * * * * * * * * * * * * * * * * « * * «.« * * * « « MS. JUDY BEASLEY, 75-589 Desert Horizons Drive, Indian Wells, spoke as the representative of Phyllis Kuxhaus, owner of the 35,000 square foot lot that will not be incorporated into this development. She noted the letter dated April 10, 1995, and reiterated some of those concerns. MR. WILLIAM ADAMS, 44-671 Monaco Circle, Hidden Palms Country Club, stated that although some of his neighbors still had concerns about impacts of this project, he had never in the . course of his experience as a city attorney and dealing with other shopping center locations encountered developers more cooperative with their neighbors than these. He said he did not know of anything that had been brought to their attention by the neighbors to which they had not agreed. He welcomed Mr. Huss to the neighborhood. Mayor Crites declared the public hearing gloat and asked staff to respond to concerns raised. Mr. Diaz stated that with regard to access to the 35,000 square foot r.4,1,.4 LJ, by law a parcel of r r .. tJr cannot be landlocked. If the 35,000 square foot parcel comes in for development, the City would have to find a way to allow ingress and egress. Part of the development conditions require the developer to give mutual access to this r. ur:.. t, , and when the other r w w tj comes in to develop it will also give mutual access. With regard to standards of development on that particular piece of r.i.,r.,.Li, the City would make any developer of that property go through what other developers must go through to work everything out. With regard to conditions of approval presented by Mr. Hopp, he said staff would incorporate those into the City Council Resolution 95-37 in the appropriate places. With regard to being able to give to the Hidden Palms Homeowners Association the right to enforce these conditions, he said he did not believe the City could abrogate its responsibility; however, it would be better to have the people complain to the City and have the City enforce the conditions of approval rather than trying to do it through civil action. The assurance was the conditions of approval and if for some reason the City chose not to enforce a condition of approval, the Homeowners Association would merely have to go to court and file a writ to force the City to enforce them. Upon question by Councilman Kelly relative to where the monument signs are, Mr. Frandsen responded that they had not indicated -any-signs yet. Councilman Kelly asked if he was correct in thinking that the developers would do the Art -In -Public -Places themselves on the corner. Mr. Frandsen stated that the corner was not really their Art -In -Public -Places attempt but that it was a plus to try and dress up the corner. He said they had been discussing with The Living Desert to do something with them relative to art. He added that there would not be a sign on the corner. Councilman Kelly asked Mr. Frandsen if they had tried to purchase the adjacent piece of r...Y:..t� or if they had chosen not to do so. Mr. Frandsen stated they had made an attempt but could not get the particulars together. He added that small satellite shops were very hard to lease these days. Councilman Kelly asked whether the Council was being asked to approve the location of a building on those pads on the Deep Canyon site at this time and said he had concerns with 18 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr ziLIG APRII, 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * how close they would be to Deep Canyon. Mr. Diaz responded that Council was not being asked to approve the location of buildings. He said a condition could be placed on the Precise Plan that the buildings on those pads shall not be closer than however many feet Council chooses. He added that the buildings would have to go through the Architectural Review Commission process for approval. Mayor Crites expressed concern relative to the potential empty building once the Lucky Store relocates from San Pablo. He said the City had a surplus of retail space already. He asked whether this entire package could be wrapped up as a development agreement with something put into the development agreement saying that prior to occupying the new site there will be a tenant acceptable to the other owner and the City leased to the old site. Mr. Diaz responded that this could not be wrapped into a development agreement because that was not the public hearing that was held; however, that condition could be placed on the precise plan that a certificate of occupancy will not be granted until a tenant has been identified for the existing Lucky Store site. Councilmember Benson stated she would like it to read that a new tenant have a signed lease, not just be identified. Mr. Huss stated that if that could be done he would have no problem; however, his concern was that the new store could not be started until the old one is leased. He said his company would not spend the money on a new store until it knows it will obtain a certificate of occupancy. He said he had never been faced with this type of situation before. He said maybe a compromise would be for them to put control of this building as a joint venture with the City, and the City could have them talk to whoever it wants as a tenant for that old store. Councilman Spiegel asked how soon the developer would make a determination as to how the old Lucky Store will be used. Mr. Huss responded that the New Concepts store in Northern California would be finished in the next six months, and that would determine where it goes next. He added that he could have an answer from Sav-on within the next 30-60 days. Mayor Crites asked whether Sav-on would-be closing a store in another location in town or adding a new store. Mr. Huss responded that he thought it would be an addition because the other Sav-on store is so far away in the Washington Center. Councilmember Benson expressed concern with changing the zoning for the new location when the City does not know what will happen in the other location. She said she could not see doing that whether the store eventually closes or not, and she expressed concern that this type of thing was happening all over town. Councilman Spiegel agreed and said he felt an empty store looked a lot worse and an empty lot. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL bYrr, i u iG APRIL 27, 1995 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 Mr. Huss said he felt strongly they would not have a problem renting out the old store. He felt the new location would give them a great opportunity and would be a real benefit for the community. MR. TIM BARTLETT stated he understood Council's concerns relative to vacant stores; however, he said he felt this situation was entirely different because of the old store's location on El Paseo. Mayor Crites noted that even if Council were to approve staffs recommendations at this time, it would still have to come back for the second reading of the ordinance. He said Council could pass the ordinance to second reading and hold the change of zone and precise plan resolutions until the second reading of the ordinance and ask two Councilmembers to meet with the developers to find some way of doing what both sides need. He said it was his impression from the earlier meeting that the City would have a commitment from Lucky that something would go back in to the old location. Councilmen Spiegel and Snyder agreed. Mr. Diaz stated that he would not recommend approving the change of zone without approving the general plan amendment because then you would have inconsistency between the zoning and the general plan. He suggested that the public testimony portion of the public hearing be closed and the matter continued for two weeks. Mr. Huss stated he would make sure the drug store division gets out here to the desert within the next two weeks. He said the only delay would be for them to do studies if they decided to pursue this. Mr. Frandsen said he would agree to meet with two Councilmembers. He added that he also got the feeling that the project was acceptable to a majority of the Council as long as the problem of a vacant store is handled. Councilman Kelly asked whether this committee would deal with the setback problem. Mayor Crites responded that it could do that. Mr. Frandsen agreed that this was something they could discuss. Mayor Crites asked Councilmember Benson and Councilman Spiegel to sit on this committee, with Councilman Snyder as an alternate so that there will always be two Councilmembers at those discussions. All agreed. Mayor Crites asked that the committee also look at the architecture and the footprint. Mayor Crites rmizenfgl the public hearing. Councilman Spiegel moved to continue this matter to the meeting of May 11, 1995. Motion was seconded by Snyder and carried by unanimous vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRII, 27, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ORAL COMMUNICATIONS - D None XVIII. ADJOURNMENT With Council concurrence, Mayor Crites recessed the meeting at 9:20 p.m. to Closed Session. He reconvened the meeting at 11:00 p.m. and adjourned to 5:00 p.m. on Wednesday, May 3, 1995. ATTEST: MARY P. F DEPUT Y CLERK CITY OF PA DESERT CTT IER BUFORD . CRITES, MAYOR 21